Loading...
HomeMy WebLinkAbout2021-08-03 Agenda and BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DE TON Meeting Agenda City Council Tuesday, August 3, 2021 2:00 PM Council Chambers WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL CHAMBERS REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS Note: A quorum of the City Council, at time of posting, identified to be Mayor Gerard Hudspeth, and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor will be participating in the work session, closed meeting, and meeting in person in the Council Chambers. The following members have been identified, at time of posting, to be participating via video conference Mayor Pro Tem Paul Meltzer. AS OF JUNE 14, IN-PERSON PUBLIC COMMENTS ARE ALLOWED AT THIS MEETING. FOR VIRTUAL PARTICIPATION, SEE THE REGISTRATION PROCESS DETAILED BELOW. REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Citizens will also be able to participate in one of the following ways (NOTE: Other than public hearings, citizens are only able to comment one time per agenda item; citizens cannot use both methods to comment on a single agenda item. Public comments are not held for work session reports.): • Virtual White Card — On July 30, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to the Virtual White Card, an online form, will be made available under the main heading on the webpage. Within this form, citizens may indicate support or opposition and submit a brief comment about a specific agenda item. Comments may be submitted up until the start of the meeting, at which time, the Virtual White Card form will be closed. Similar to when a citizen submits a white card to indicate their position on the item, these comment forms will be sent directly to City Council members and recorded by the City Secretary. City Council Members review comments received in advance of the meeting and take that public input into consideration prior to voting on an agenda item. The Mayor will announce the number of Comment Cards submitted in support or opposition to an item during the public comment period. Comments will not be read during the meeting. The City Secretary will reflect the number of comments submitted in favor/opposition to an item, the registrant's name, address, and (summary of) comments within the Minutes of the Meeting, as applicable. OR • By phone — Citizens wishing to speak over the phone during this Council meeting, may call (940) 349-7800 beginning 30 minutes prior to the meeting start time. Comments by phone will be accepted until the item is opened for discussion by the Council. When the call is initially received, a staff member will receive the caller's information and either: 1) offer to call the citizen back when it is time for them to speak, or 2) record the caller's information, support or opposition, and comment. If the caller chooses to record their support or opposition, rather than speaking during the meeting, the Mayor will announce the number of comments submitted in support or opposition to the item. If the caller wishes to receive a call back, the voice of each caller will be broadcast into the meeting during the public commenting time of their desired agenda item. Individuals will be able to comment once per agenda item, no matter the method. Page 1 Printed on 8/4/2021 1 City Council Meeting Agenda August 3, 2021 • At regular meetings only, citizens can speak on any topic that is not on the agenda (Open Microphone). Alert the call taker if you wish to speak under the Open Microphone category. If you would like to give a public report, see the information below. After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, August 3, 2021, at 2:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on any item listed on the Consent Agenda prior to its consideration. Each speaker will be given a total of three (3) minutes to address any item(s). Any person who wishes to address the City Council regarding these items may do so by utilizing the "By Phone" registration process as referenced under the REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL detailed at the beginning of this agenda. Registration is required prior to the time the City Council considers this item. Registrants may call in and remain on hold or receive a call back at the time the Work Session is called to Order and are encouraged to ensure they remain accessible to accept the call. 2. Requests for clarification of agenda items listed on this agenda. 3. Work Session Reports A. ID 21-1278 Receive a report, hold a discussion, and give staff direction regarding the Comprehensive Plan Update, other Plan updates, and Form -Based Code. B. ID 21-1629 Receive a report, hold a discussion, and provide direction on a proposed data center project on property leased from the City at the Denton Energy Center. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific item(s) when these items are listed below under the Closed Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. 1. Closed Meeting: A. 1D 21-1656 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys regarding legal issues associated with pending cases before the Public Utilities Commission of Texas identified as docket numbers 52321, 52322, and 52364 where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position. Page 2 Printed on 8/4/2021 K City Council Meeting Agenda August 3, 2021 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 decision, or vote is taken in the Closed Meeting in accordance with the provisions of Section 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 Texas Government Code, Section 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 Sections 551.071-551.086 of the Texas Open Meetings Act. NOTE: Any item for which a formal action at the Regular Meeting has been taken by Council may be subject to a request for a motion for reconsideration at any time during the meeting, at the Concluding Items Section, or after the meeting. In order to comply with the Texas Open Meetings Act, a request for a motion for reconsideration made during, at the end of, or after a Council meeting will be placed on the agenda and considered at the next official meeting of the City Council. AFTER DETERMINING THAT A QUORUM IS PRESENT, THE REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL WILL CONVENE 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 B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Reports from members of the public shall be received through the following two (2) methods. A total of up to seven (7) speakers are permitted to provide public comment and may include any combination of prior registration and open microphone speakers. 1) Pre -registration. This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City Council. Each speaker is allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. a. ID 21-1630 Ms. Yeldell Nell regarding waste water and the current epidemic. 2) Open Microphone. This section of the agenda permits any person who has not registered in advance for a citizen report to make comments about public business items not listed on the agenda. Such person(s) shall have registered using the "Virtual White Card" or `By Phone" process outlined by the City on its website or meeting notice. Page 3 Printed on 8/4/2021 3 City Council Meeting Agenda August 3, 2021 During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual information; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 3. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — N). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items 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. ID 21-1354 Consider the approval of the minutes for July 20, 2021. B. ID 21-1311 Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Committee on Persons with Disabilities, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. C. ID 21-1312 Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Traffic Safety Commission, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. D. ID 21-1572 Consider approval of a resolution of the City of Denton providing the July 12, 2021 meeting absence of a Public Utilities Board Member be excused; and declaring an effective date. E. ID 21-1495 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or their designee, to execute an Interlocal Cooperative Purchasing Agreement with Denton County, to provide property tax billing and collections services for the City of Denton; providing a savings clause; and providing an effective date (File 7773 - award an Interlocal Purchasing Agreement with Denton County). F. ID 21-1528 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., amending the contract approved by City Council on January 14, 2020, in the not -to -exceed amount of $922,800.00; amended by Amendment 1 approved by City Council; said second amendment to provide utility conflict analysis, surveying, easement acquisition, design, Page 4 Printed on 8/4/2021 4 City Council Meeting Agenda August 3, 2021 bidding, and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of -Way; providing for the expenditure of funds therefor; and providing an effective date (File 6590-084 - providing for an additional second amendment expenditure amount not -to -exceed $217,500.00, with the total contract amount not -to -exceed $1,305,300.00). The Public Utilities Board recommends approval (7 - 0). G. ID 21-1529 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Ameri-Mex Contractors, Inc., for the rehabilitation of a residential property located at 2317 Bowling Green Street, Denton, TX under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7698 - awarded to Ameri-Mex Contractors, Inc., in the not -to -exceed amount of $159,830.00). H. ID 21-1530 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Sigma Surveillance, Inc. dba STS360, through the Department of Information Resources (DIR) Cooperative Purchasing Network, Contract No. DIR-TSO-4247, for the acquisition of Axis camera security products and related services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7746 - awarded to Sigma Surveillance, Inc. dba STS360, in the five (5) year not -to -exceed amount of $950,000.00). I. ID 21-1568 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute an Agreement for transportation with Denton Independent School District for use of buses for transportation for Denton Parks and Recreation camp programs; authorizing the Interim City Manager, or her designee, to perform all obligations of the City under the agreement, including the expenditure of funds; and providing an effective date. J. ID 21-1614 Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park, upon satisfying certain conditions; authorizing Interim City Manager, or her designee, to execute an Agreement in conformity with this Resolution; and providing for an effective date. K. ID 21-1618 Consider adoption of an ordinance of the City of Denton granting the Denton Black Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for the Denton Blues Festival, which will be held on Friday, September 17, 2021 from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021 from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; granting an increase in sound levels and a variance in the hours of operation on said dates for Friday from 8:00 a.m. to 8:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 9:00 p.m., with sound not to exceed 70 decibels; and Page 5 Printed on 8/4/2021 5 City Council providing an effective date. Meeting Agenda August 3, 2021 L. ID 21-1628 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship to the North Texas State Fair Association in an amount not to exceed $7,120 of in-kind services and resources for the Annual North Texas Fair and Rodeo Parade, which will be held on Saturday, August 21, 2021, at 10:00 a.m., at the historic downtown square; and providing an effective date. M. ID 21-1645 Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $25,128 of in-kind services and resources for the Denton Blues Festival, which will be held on Friday, September 17, 2021, from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; and providing an effective date. N. ID 21-1657 Consider an ordinance ratifying intervention by the City in cases filed before the Public Utilities Commission of Texas regarding the financing of debt obligations from Winter Storm Uri under docket numbers 52321 and 52322; directing the Interim City Attorney to represent the interests of the City in parallel docket 52364; authorizing retention of the firm of Lloyd Gosselink Rochelle & Townsend, P.C., to represent the City in same; and providing an effective date. 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. A21-0001 Consider adoption of an ordinance of the City of Denton, Texas regarding a Municipal Services Agreement, pursuant to Tex. Loc. Govt. Code Sec. 43.0672, between the City of Denton and the Harris Ranch Ownership as defined herein for the provision of City services to approximately 247.78 acres of land, generally located on the southwest corner of I-35 North and the future extension of Loop 288; approving a schedule of annexation; authorizing the City Manager to execute the agreement, and providing an effective date. (A21-0001, Harris Ranch, Ron Menguita) 5. PUBLIC HEARINGS A. Z21 -0005a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6) district on approximately 0.326 acres of land generally located southeast of the intersection of Robertson Street and Skinner Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission voted [6-0] to approve the request. (Z21 -0005a, 418 Robertson Duplex, Cameron Robertson). B. Z20 -0005c Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Mixed -Use Regional (MR) District to Light Industrial (LI) District on approximately 142 acres of land generally located at the southwest corner of the I-35 Southbound Service Road and FM Page 6 Printed on 8/4/2021 6 City Council Meeting Agenda August 3, 2021 1173 in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission voted (5-1) to recommend approval the request. (Z20 -0005c, Denton Commerce Center, Julie Wyatt) C. CA21-000la Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Comprehensive Plan Amendment to modify the Roadway Component Map of the Mobility Plan to remove a section of future Cindy Lane generally located west of the I-35 Southbound Service Road, extending 4300 feet south of the future Loop 288 extension and 5100 feet north of the future Loop 288 extension, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official Mobility Plan; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted (4-2) to recommend approval of the request. (CA21-0001a, Denton Commerce Center, Julie Wyatt) D. Z21 -0002b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Planned Development (PD) District and Light Industrial (LI) District to General Office (GO) District on approximately 24.93 acres of land, and from Planned Development (PD) District to Mixed -Use Neighborhood (MN) District on approximately 23.47 acres, and from Planned Development (PD) District to Light Industrial (LI) District on approximately 9.7 acres, totaling approximately 58.55 acres, generally located on the southeast corner of the intersection of University Drive and Loop 288, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 6-0 to approve the request. (Z21 -0002b, Prominence, Sean Jacobson) E. A21 -0001a Hold a public hearing and consider a petition for voluntary annexation of approximately 247.78 acres of land, generally located on the southwest corner of I-35 North and the future extension of Loop 288 by the City of Denton, Denton County, Texas. (A21-0001 a, Harris Ranch, Ron Menguita) 6. ITEMS FOR INDIVIDUAL CONSIDERATION - CONTINUED A. A21-000lb Conduct the first of two readings of an ordinance of the City of Denton, Texas annexing approximately 247.78 acres of land, generally located on the southwest corner of I-35 North and the future extension of Loop 288 by the City of Denton, Denton County, Texas; providing for a correction to the city map to include the annexed land; and provide for a savings clause and an effective date. (A21 -0001b, Harris Ranch, Ron Menguita) 7. CONCLUDING ITEMS Page 7 Printed on 8/4/2021 City Council Meeting Agenda August 3, 2021 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of meeting was posted on the official website (https://www.cityofdenton.com/en-us/government/open/agendas-minutes) and bulletin board at City Hall, 215 E. McKinney Street, Denton, Texas, on July 30, 2021, in advance of the 72 -hour posting deadline, as applicable, and in accordance with Chapter 551 of the Texas Government Code. CITY SECRETARY NOTE: THE CITY OF DENTON'S DESIGNATED PUBLIC MEETING FACILITIES ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE ACCOMMODATION, SUCH AS 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 940-349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 -800 -RELAY -TX SO THAT REASONABLE ACCOMMODATION CAN BE ARRANGED. Page 8 Printed on 8/4/2021 8 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 21-1278, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Comprehensive Plan Update, other Plan updates, and Form -Based Code. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM n 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Receive a report, hold a discussion, and give staff direction regarding the Comprehensive Plan Update, other Plan updates, and Form -Based Code. BACKGROUND At the work session staff will present the following topics related to the Comprehensive Plan Update: • Where we are in the process • Schedule • What we have heard so far • Public Outreach In addition, staff will provide a status on other Plan Updates that the city is currently working on. Staff will provide summaries of where we are in the process and how all the updates are being coordinated to ensure consistency between the Plans. Lastly, as a follow up to City Council's request for information on Form -Based Code (FBC) staff will present what a FBC is and what it is not. The presentation will also include an explanation of advantages and disadvantages of FBCs, provide an example of where a FBC has been implemented, and an overview of how FBC can be applied here in the City of Denton. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Scott McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner 10 :X'\ . City of Denton Comprehensive Plan Update City Council Work Session August 3, 2021 Objectives Where we are in the Update Process 2. Schedule 3. Public Engagement 4 What We've Heard So Far Other Plan Updates 6. Form -Based Code ID: 21-1278 N i 1 *1 A,* U fi6 Denton Ptan-1,2040 Growing with a Unified Purpose Ahk UA6 2 Project Schedule i II, Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Phase 6 Project Existing Special Topic Draft Commission Adoption Initiation Conditions Charrettes Comprehensive Council Community Plan Updates Profile Mid -September 2021 Early Fall 2021 Late Fall 2021 Late Fall/Early In -Person & Virtual Open Winter 2021 House ID: 21-1278 W AUjkk U46 3 '47; a I* OKI* 7A Z, - u ve nears !) Far Public Engagement So Far 2 Public Meetings 131 Community Members 1 630 comments Received Special Topics Charrette 51 Community Members 1 850 Comments Received 1 Interactive Issues and Opportunities Map 101 Responses 2 Online Questionnaires 175 Responses 1 Online Vision Statement Exercise Ongoing ID: 21-1278 3 Cil Upcoming In -Person and Virtual Open House September 9/16 2021 Ahk UA6 5 What We've Heard So Far C New Growth Areas Right development Right place Right time Preserve open/rural areas Diverse housing options ID: 21-1278 Infrastructure Reinvest into the community through infill Reinforce Denton Is identity through beautification Support complete streets A U Jkk U46 0 0 ol r 46 �.. _ What We've Heard So Far Economic Development Affirm Economic Development Strategic Plan Increase job opportunities Collaborate with anchor institutions Support small businesses ID: 21-1278 00 Downtown Expand Downtown opportunities Entertainment, events, arts Local businesses New and Re -development A U Jkk U46 0 How Input Shapes Denton's Land Uses New Land Use Designations Agriculture Ranching, rural heritage Agritourism Master Planned Community Complete multi -use developments Sense of Place Live, Work, Learn, Play Agriculture in Roscoe, TX Agricultural land near FM2164 in the ETJ Verrado Master Planned Community, Buckeye, AZ How Input Shapes Denton's Land Uses Refined Land Uses Low and Moderate Residential Neighborhood scale commercial Parks / Open Space Expanded Business Innovation ID: 21-1278 N O Small area plans Capitalize on existing assets and surrounding context A U Jkk ofio How Input Shapes Denton's Land Uses 'Heritage Commons ll, Fort Worth, TX (Alliance Texas) N Farmer Brothers Co. Headquarters, Northlake, TX (EMJ Construction) If Mobility Plan * j Comprehensive Solid Waste Management Strategy ComprehE Plan •10rIK: Drainage (Stormwater) Master Plan Parks, Recreation Et Trails Master Plan • M F4 OT. %T A xho[ 0 COTOr Form -Based Codes What they are: Land development regulations Focuses on building form, site function, appearance Less focused on "use" Supports complimentary public realm implementation What they are not: Design guidelines Historic preservation codes A solution for everything ID: 21-1278 N AUjkk UA6 Form -Based Codes Advantages Disadvantages Readily implement urban vision Unfamiliar to many, requires education of staff and development community Can integrate seamlessly into existing May require some traditional regulations to meet development community needs Promotes adaptable, reusable structures/sites Light touch on use regulation, potential compatibility impacts Reinforces street/site relationships; Placemaking Won't be successful if public investment doesn't support desired form Clear, graphically -oriented regulations Care needed to ensure balance between architectural flexibility and certainty Can reduce regulatory burden; streamline process Not the right solution for all circumstances ID: 21-1278 N Cil AHjkk U& Form -Based Codes Path for Success Area Plan Assess existing built environment ■ Establish a strong vision and implementation Regulating Plan "Zoning" map Reinforces street/building relationship ■ Clear standards, consistent use ■ Use of diagrams to support codes ■ Simplified, streamlined process N - - LA!pi rL' F- O{ U'.� U 17.o o��jy��°� �CC� — — _ R. ,o {❑a o=Ls,Co__Qo,;£ p -.a ��_ '` 4�• �� �� ��- LI -{ k��`A m.- CDs^"" ��}Y" , Ir- w� .0 LL < II' o;j76O,O yip i R If --moi f P i �; 1•'C'� , V ,• dr West Maio Street 19 Regulating Plan SITING k REOuIREB 911aO1NO UNE I RBL�f-(RBL -SEE REGULATINr RAX) I -j-- -----,r-� RFAR I I ILOT LINE '7S II MIN =LOG FACADE r 9. REFA LOT LINE ALONG MIN F I 10 S17MCK OI °R RBL I I OINIMLIM F NO ALL ET CONTIGUOUS`1 OPENARFA I Source: Peoria, IL Unified Development Code RRl—�� I�PAnurw Svmeck Lmv Plinell, brei �, k I HEIGHT Attic Story `•..__ R1AK, y STORIES MIN I ' 9 It AR STREET WALLS RECT ON UNBUILT STORIES �- I RBL LINES gFAR' BTOBFT MAXj 12 FT t: NEICI T 2Pe IeMA7( 3 H - 7 ft 18in I AX' RBL—; I— P.Wk q Setback L - SITING k REOuIREB 911aO1NO UNE I RBL�f-(RBL -SEE REGULATINr RAX) I -j-- -----,r-� RFAR I I ILOT LINE '7S II MIN =LOG FACADE r 9. REFA LOT LINE ALONG MIN F I 10 S17MCK OI °R RBL I I OINIMLIM F NO ALL ET CONTIGUOUS`1 OPENARFA I Source: Peoria, IL Unified Development Code RRl—�� I�PAnurw Svmeck Lmv Plinell, brei �, k I Wei dPW API. 40 Aw r4 1% Contact Us Anytime Denton Project Manager Ron Menguita, AICP Ron.Menguita@cityofdenton.com (940) 349-8328 Matrix Project Manager Ed Boik, AICP Ed.Boik@matrixdesigngroup.com (602) 288-8344 Project Websites www.cityofdenton.com/denton204O www.discussdenton.com/denton204O ID: 21-1278 AHJkk llofio in City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 21-1629, Version: 1 Legislation Text AGENDA CAPTION Receive a report, hold a discussion, and provide direction on a proposed data center project on property leased from the City at the Denton Energy Center. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT°" 29 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CM/DCM/ACM: Antonio Puente, Jr., DME General Manager DATE: August 3, 2021 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Receive a report, hold a discussion, and provide direction on a proposed data center project on property leased from the City at the Denton Energy Center. BACKGROUND Denton Municipal Electric (DME) has been working with the developer of a high efficiency computing center on 31 acres proposed to be leased from the City at the Denton Energy Center (DEC). DME has been fielding questions from City Council and other interested parties on the following: • the environmental impact of the project; • impact on the ERCOT transmission grid; • the potential economic impact of the project to the City; and • the forecasted incremental electric rate revenue and its potential to offset debt costs associated with winter storm Uri DME staff, along with Finance and Sustainability will provide a presentation to Council to address these questions and be available to discuss any other concerns or questions that City Council may have. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully submitted: Terry Naulty Assistant General Manager, DME 30 D Presr AW 4qit k 44 .01 6 Project Description • Tenaska and their customer proposes to build a data center on 31 acres of leased land at the Denton Energy Center UNTON M N N 1 C 1 P A L ELECTRIC • Tenaska Power Solutions, LLC is the developer of the project under contract with the eventual owner • Owner— established block chain infrastructure and hosting developer and owner with operations throughout North America • 100% net carbon neutral business model at all facilities COF DENTON M 32 Community Benefits 1. Environmental Benefits and Sustainability Impacts 2. Improvement of ERCOT Grid Reliability 3. Incremental General Fund Revenues 4. Electric Rate Stability CE'LY OF DENTON KIC3 Climate Change Implications of Proposed Project • Siting project in Denton supports carbon emission reductions on a global basis Generation Mix CE'LY 6]" DENTON Tons CO2/Year Emissions Avoided by Locating in Denton 2,500,000 2,000,000 1,500,000 1,000,000 500,000 2,066,424 1,134,009 0 China ERCOT Market Denton 34 ERCOTAnnual Generation Mix (2020) China Annual Generation Mix (2018) Denton Annual Generation Mix (2021) O i I 0.0% 0.2% n/a Nat Gas 45.5% 3.1% n/a Renewables 22.8% 8.9% 100% COAL 17.9% 67.00o n/a Nuclear 10.900 4.1% n/a Hydro/Other 2.9% 17.0% n/a CE'LY 6]" DENTON Tons CO2/Year Emissions Avoided by Locating in Denton 2,500,000 2,000,000 1,500,000 1,000,000 500,000 2,066,424 1,134,009 0 China ERCOT Market Denton 34 ERCOT Grid Reliability —Adequate Resources and Reserves ERCOT's main function is to maintain electric frequency (i.e. Reliability) Load Power Generation ERCOT Ancillary Services 1. Responsive Reserve Service DEMAND SUPPLY 2. Regulation Up 3. Regulation Down 4. Non -spinning Reserves Frequency (HZ) DecreaseIncrease 60 These Reliability Products are essential to operating the ERCOT Transmission Grid and are purchased from market participants (load and generation) daily. OF DENTON 35 How Does Data Center Increase Reliability? • Electric demand is fully interruptible • During high price periods or scarcity of generation events or higher than forecasted load, Data Center will shut down. • Data Center will sell Ancillary Service to ERCOT every day • Additional and significant source of Project revenues from sales of Ancillary Services • As a demand side resource, the data center adds grid reliability immediately • No need to build additional dispatchable generation • Demand is "dispatchable" • ERCOT is procuring more Ancillary Services as a result of Winter Storm Uri • Additional sources of Ancillary Services increases supply and thus mitigates price increases COF DENTON Incremental General Fund Revenues • DME transfer to the City General Fund Annually includes: • Franchise Fee — 5% of electric gross revenues • 80% to Street Improvement Fund/20% to General Fund • Return on Investment — 3.5% of gross revenues • equivalent to dividends to DME's single shareholder 100% stays in general fund • Sales tax from the sale of electricity • Property tax from the improvements DENTON 37 How Much Could the General Fund Benefit? • At full build out in FY 2023, annual range of projected incremental general fund revenues is $9 to $11 million • Franchise Fees - $4 to $4.5 million per year (80% to Streets) • ROI and Taxes — $5 - $6.5 million per year • Incremental General Fund Revenue Available — $5.8 to $7.4 million per year (i) • Without approval by City Council these additional funds are not available • Use of incremental funds is purely discretionary by City Council • Funds could be directed to a dedicated (new) fund for the Council's sustainability goals by ordinance (1) Excludes 80% of Franchise Fees which are assumed to go to Street Fund OFL . DENTON 991.1 Sustainability Funding Examples • Climate Adaptation/Resilience • Climate Mitigation Plan: Dallas plan equivalent saves 2.48 million MTCO2e through 2030 • Support EV adoption: 30% gasoline passenger adoption by 2030 saves 450,000 MTCO2e • Environmental Improvement • Acquire Green Space • Current Tree canopy sequesters approx. 1 MTCO2e/acre/yr • Air Quality Monitoring Project • Social/Equity • Low Income Weatherization: 845lbsCO2e/home/year CE'LY OF DENTON K1'7 Electric Rate Stabilization • DME faces new revenue requirements • Winter Storm Uri debt cost — $140 million • Data Center projected DME net income contribution $8 to $9 million annually • Debt cost of winter storm Uri - $5.9 - $6.3 million per year • Without these project incremental net income contributions, DME will recommend a 3% rate increase in our FY 2022 budget to begin immediately (effective October 1, 2021) CE'LY OF DENTON 40 Direction, Timeline & Next Steps • Council Direction • Any additional information needed to support approval of Project? • Approach to gaining consensus on use of incremental General Funds? • August 17 City Council Meeting • Closed session to review confidential PPA provisions • Zoning Hearing and action (Public Facility to Light Industrial) • Individual Consideration of PPA • Individual Consideration of Lease Agreement • Permitting applications immediately upon approval of PPA, Lease and Zoning • Clearing and grading in September • Commercial Operation of Phase I in December UNTON �En M N N 1 C 1 P A L °F ELECTRIC DENTON 41 JHTON MOHICIPIL ELECTRIC CE'LY 6]" DENTON Questions? Terry Naulty — Asst. General Manager DME Katherine Barnett — Sustainability Manager Cassey Ogden — Director of Finance 42 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1656, Version: 1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys regarding legal issues associated with pending cases before the Public Utilities Commission of Texas identified as docket numbers 52321, 52322, and 52364 where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 43 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,1Y www.cityofdenton.com DENTON File #: ID 21-1630, Version: 1 Legislation Text AGENDA CAPTION Ms. Yeldell Nell regarding waste water and the current epidemic. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 44 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 21-1354, Version: 1 Legislation Text AGENDA CAPTION Consider the approval of the minutes for July 20, 2021. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 45 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Secretary's Office ICM: Sara Hensley DATE: July 22, 2021 SUBJECT Consider the approval of the minutes for July 20, 2021. BACKGROUND The minutes drafts are provided for review and formal approval by the City Council. EXHIBITS Exhibit 1 — AIS Exhibit 2 — July 20, 2021 Minutes Draft Respectfully submitted: Rosa Rios City Secretary City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 46 CITY OF DENTON CITY COUNCIL MINUTES July 20, 2021 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, July 20, 2021, at 2:02 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth, Mayor Pro Tem Paul Meltzer and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor ABSENT: None Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine Clifton. The posted agenda noted the registration process for both in-person, call-in, and virtual public participation at this meeting. While citizen commentary received via the online registration process was not read, each member for the City Council received each online commentary as it was submitted. Both in-person, call-in, and online comments received are reflected in the exhibit to the minutes of this meeting. WORK SESSION 1. Citizen Comments on Consent Agenda Items None 2. Requests for clarification of agenda items listed on this agenda. • Clarification was requested on the following items: o Mayor Pro Tem Meltzer: Items 4.P (21-1371), 4.Q (21-1372), 4.R (21-1373), 4.S (21-1375), 4.T (21-1376) o Council Member Beck: Items 4.J (21-1339), 4.P (21-1371), 4.Q (21-1372), 4.R (21- 1373), 4.S ( 21-1375), 4.T (21-1376), 4.0 (21-1388), 4.AF (21-1443), 4.AG ( 21- 1496) • The following items were pulled for Individual Consideration: o Mayor Pro Tem Meltzer: Item 4.11 (21-1387) o Council Member Armintor: Item 4.H (21-1387) o Council Member Davis: Items 4.1) (21-1394),4.E (21-1395), and 4.AE (21-1176) ►, tl City of Denton City Council Minutes July 20, 2021 Page 2 3. Work Session Reports A. ID 21-703 Receive a report, hold a discussion, and give staff direction regarding Audit Project 022 - Building Permit Processes. The item was presented and discussion followed. Following discussion, there was no direction provided as the item was for presentation/discussion purposes. B. ID 21-455 Receive a report, hold a discussion, and give staff direction regarding FY 2021- 22 departmental budget presentations for Electric, Customer Service, Traffic, Facilities, and Airport. The item was presented and discussion followed. The work session was recessed for a short break at 3:58 p.m. and reconvened at 4:11 p.m. Discussion continued. Following further discussion, there was no direction provided in preparation for the Fiscal Year 2021-2022 budget for the above -noted departments. C. ID 21-1367 Receive a report, hold a discussion, and give staff direction regarding an agreement with the Denton Parks Foundation and the City of Denton, Texas, to allow the Denton Parks Foundation to raise funds on behalf of the Parks and Recreation Department. The item was presented and discussion followed. Brook Moore, Executive Director of the Parks Foundation, presented on the item. Following discussion, there was no direction provided as the item was for presentation/discussion purposes. The work session was recessed for a short break at 5:05 p.m. and reconvened at 5:34 p.m. D. ID 21-1397 Receive a report, hold a discussion, and give staff direction on establishing a new Economic Development Catalyst Fund. The item was presented and discussion followed. Following discussion, City Council consensus was to not move forward. Mayor Hudspeth announced Public Hearing Items 6.13 (Z21 -0007d) and 6.0 (PD21-0001d) scheduled for the Regular Meeting being held later in the day were being postponed. 48 City of Denton City Council Minutes July 20, 2021 Page 3 E. ID 21-759 Receive a report, hold a discussion, and give staff direction on pending City Council request for: 1) Work session on making city boards and committees more inclusive and accessible for the public to serve and participate. • Item 21-759 (1) Work session on making city boards and committees more inclusive and accessible for the public to serve and participate o Consensus for a future work session. The work session adjourned at 6:14 p.m. CLOSED MEETING — NOT HELD 1. The City Council did not convene into a Closed Meeting; therefore, the following items were not considered: A. ID 21-1303 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City's attorneys on the legal status, expenses, strategy related to Cause No. D -Z -GN -21-001227, styled "City of Denton v. Electric Reliability Council of Texas" in the 353rd District Court, Travis County, Texas; where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City's legal position. NOT DELIBERATED B. ID 21-1440 Consultation with Attorneys - Under Texas Government Code, Section 551.071. Consultation with the City's attorneys regarding legal issues associated with a pending transmission cost of service rate case, where public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any potential litigation. NOT DELIBERATED REGULAR MEETING After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Regular Called Meeting on Tuesday, July 20, 2021, at 6:33 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT IN PERSON: Mayor Gerard Hudspeth, Mayor Pro Tem Meltzer and Council Members Vicki Byrd, Brian Beck, Jesse Davis, Alison Maguire, and Deb Armintor ABSENT: None Also present were Interim City Manager Sara Hensley and Interim City Attorney Catherine Clifton. 49 City of Denton City Council Minutes July 20, 2021 Page 4 The posted agenda noted the registration process for both in-person, call-in, and virtual public participation at this meeting. While citizen commentary received via the online registration process was not read, each member for the City Council received each online commentary as it was submitted. Both in-person, call-in, and online comments received are reflected in the exhibit to the minutes of this meeting. Mayor Hudspeth announced Public Hearing Item 6.13 (Z21 -0007d) had been pulled from consideration along with Item 6.0 (PD21-0001 d) which had been pulled by the developer to allow time to meet with the residents. Interested attendees were asked to complete/submit a virtual white card to the City Secretary and they would be notified of the meeting date the item returned for consideration. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag and B. Texas Flag 2. PROCLAMATIONS/PRESENTATIONS A. ID 21-1275 Proclamation: Pet Mayor PRESENTED B. ID 21-1276 Proclamation: Parks and Recreation Month PRESENTED 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. Mayor Hudspeth spoke to the importance of citizens' First Amendment Rights; and advised he was tasked with ensuring everyone is respectful of everyone's opinions. B. Reports from members of the public 1) Receive Scheduled Citizen Reports from Members of the Public 1. Ms. Mona Isola, 4108 Sonoma Drive, regarding construction in the Vintage Neighborhood. CANCELLED; NOT PRESENTED 2. Ms. Shaunna Serano, 2720 Hartlee Court, regarding Deerwood Parkway and Kings Row mobility traffic issue. PRESENTED 3. Ms. Krystal Muller, 2005 Stockbridge Rd Apt# 4104, regarding Denton Basic Services Center. PRESENTED 50 City of Denton City Council Minutes July 20, 2021 Page 5 4. Ms. Deborah Wright, 2515 Crestwood Place, regarding Denton Basic Services Center. PRESENTED 5. Ms. Pam Gutierrez, 10786 FM 2153, regarding Tiny House Village. PRESENTED 6. Ms. Jane Piper -Lunt, 1205 N Austin, regarding Denton Basic Services Center - Tiny House Village. PRESENTED 7. Mr. Dan Hammond, 2002 West Hickory St., regarding asbestos danger in residential demolition and establishing more rigorous oversight by understanding and following federal rules. PRESENTED 2) Additional Citizen Reports (Open Microphone) None 4. CONSENT AGENDA The Consent Agenda consisted of Items 4.A -AG. During the Work Session held earlier in the day, Item 4.H (21-1387) was pulled for Individual Consideration by Mayor Pro Tem Meltzer; Item 4.H (21-1387) was pulled for Individual Consideration by Council Member Armintor; and Items 4.1) (21-1394), 4.E (21-1395), and 4.AE ( 21-1176) were pulled for Individual Consideration by Council Member Davis. Council Member Davis moved to adopt the Consent Agenda, now consisting of Items 4.A -C, F, G, I -AD, AF, and AG. Motion seconded by Mayor Pro Tem Meltzer. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None A. ID 21-1348 Consider the approval of the minutes for June 15 and June 22, 2021. APPROVED B. ID 21-1381 Consider approval of a resolution of the City of Denton providing the June 28, 2021 meeting absence by Public Utilities Board Member Susan Parker be excused; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-1381 C. ID 21-1488 Consider approval of a resolution of the City of Denton providing the August 9, 2021 meeting absence by Public Utilities Board Member Susan Parker be excused; and declaring an effective date. ASSIGNED RESOLUTION NO. 21-1488 51 City of Denton City Council Minutes July 20, 2021 Page 6 F. ID 21-1302 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of the first amendment to the Professional Services Agreement between the City of Denton and Lloyd Gosselink Rochelle & Townsend, P.C., amending the contract approved by the City Manager on March 29, 2021, in the not - to -exceed amount of $45,500.00; said first amendment for outside counsel in the litigation styled "City of Denton v. Electric Reliability Council of Texas, et al.," in the 353rd Judicial District Court, Travis County, Texas; providing for the expenditure of funds therefor; and providing an effective date (File 7711 - providing for an additional first amendment expenditure amount not -to -exceed $154,500.00, with the total contract amount not -to -exceed $20000.00). ASSIGNED ORDINANCE NO. 21-1302 G. ID 21-1441 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with Lloyd Gosselink Rochelle & Townsend, P.C., for professional legal services relating to the City's compliance with Public Utility Commission of Texas Electric Transmission Cost of Service rate filing, rules, rulemaking, and proceedings, as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (File 7762 - professional legal services awarded to Lloyd Gosselink Rochelle & Townsend, P.C., in the not -to -exceed amount of $550,000.00). ASSIGNED ORDINANCE NO. 21-1441 I. ID 21-1337 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a fourth amendment to a contract between the City of Denton and Primoris Distribution Services, Inc., amending the contract approved by City Council on September 11, 2018, in the not -to -exceed amount of $900,000.00; amended by Amendments 1, 2 and 3 approved by Purchasing; said fourth amendment to continue to provide overhead distribution construction services; providing for the expenditure of funds therefor; and providing an effective date (File 6582 - providing for an additional fourth amendment expenditure amount not -to -exceed $225,000.00, with the total contract amount not -to -exceed $1,125,000.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1337 J. ID 21-1339 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with UST General Contracting, LLC for the demolition of the Bio Mass Power Generation Facility located at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (IFB 7632 - awarded to UST General Contracting, LLC, in the not -to -exceed amount of $199,697.49). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1339 K. ID 21-1340 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Standard Utility Construction, Inc., for the maintenance and repairs of TxDOT Street 52 City of Denton City Council Minutes July 20, 2021 Page 7 Lights along the I-35 corridor and TxDOT Highways within the City of Denton and Denton Municipal Electric's service area; providing for the expenditure of funds therefor; and providing an effective date (RFP 7679 - awarded to Standard Utility Construction, Inc., for three years (3), with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $750,000.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1340 L. ID 21-1341 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Kirkpatrick Architecture Studio, amending the contract approved by City Council on April 18, 2017, in the not -to -exceed amount of $652,200.00; amended by Amendments 1 and 2 approved by Purchasing; said second amendment to provide additional materials testing, management, and HVAC system balancing for Fire Station 3; providing for the expenditure of funds therefor; and providing an effective date (File 6318 - providing for an additional second amendment expenditure amount not -to -exceed $13,664.40 with the total contract amount not -to -exceed $715,654.63). ASSIGNED ORDINANCE NO. 21-1341 M. ID 21-1342 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Plante & Moran, PLLC for Software Inventory Audit Services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7566 - awarded to Plante & Moran, PLLC, in the not -to -exceed amount of $70,000.00). ASSIGNED ORDINANCE NO. 21-1342 N. ID 21-1343 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Gear Cleaning Solutions, LLC, for advanced cleaning, repair, and inspection of personal protective equipment for the Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 7682 - awarded to Gear Cleaning Solutions, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $358,980.00). ASSIGNED ORDINANCE NO. 21-1343 O. ID 21-1344 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Techline, Inc., for the supply of Gang Operated Air Break (GOAB) Switches for Denton Municipal Electric to be stocked in the City of Denton Warehouse; providing for the expenditure of funds therefor; and providing an effective date (RFP 7694 - awarded to Techline, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $458,455.00). ASSIGNED ORDINANCE NO. 21-1344 53 City of Denton City Council Minutes July 20, 2021 Page 8 P. ID 21-1371 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of the first amendment to a contract between the City of Denton and Christian Community Action, amending the contract approved by City Council on December 17, 2020 in the not -to -exceed amount of $197,926.00, to provide additional homelessness prevention services, said first amendment to extend the term of the contract to October 31, 2021; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7525-001 - providing for an additional first amendment expenditure amount not -to -exceed $82,079.00, with a total contract amount not -to -exceed $280,005.00, and extending the contract with Christian Community Action to October 31, 2021). ASSIGNED ORDINANCE NO. 21-1371 Q. ID 21-1372 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of the second amendment to a contract between the City of Denton and Giving Hope, Inc., amending the contract approved by City Council on December 17, 2020 in the not -to -exceed amount of $277,616.00, for the Emergency Solutions Grant CARES Act (ESG-CV); said second amendment to extend the term of the contract to October 31, 2021; and providing an effective date (RFQ 7525-002 - extending a contract with Giving Hope, Inc. to October 31, 2021). ASSIGNED ORDINANCE NO. 21-1372 R. ID 21-1373 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of the second amendment to a contract between the City of Denton and Grace Like Rain, Inc., amending the contract approved by City Council on December 17, 2020 in the not -to -exceed amount of $292,993.00, for the Emergency Solutions Grant CARES Act (ESG-CV), said second amendment to extend the term of the contract to October 31, 2021; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7525-003 - providing for a reduction second amendment amount not -to -exceed $3,209.75, with a total contract amount not -to -exceed $101,688.16 and extending the contract with Grace Like Rain, Inc. to October 31, 2021). ASSIGNED ORDINANCE NO. 21-1373 S. ID 21-1375 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of the first amendment to a contract between the City of Denton and The Salvation Army - Denton amending the contract approved by City Council on December 21, 2020, in the not -to -exceed amount of $656,465.00, to provide additional homelessness prevention services, said first amendment to extend the term of the contract to October 31, 2021; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7525-004 - providing for an additional first amendment expenditure amount not -to -exceed $59,893.00, with a total contract amount not -to -exceed $716,358.00 and extending the contract with The Salvation Army - Denton to October 31, 2021). ASSIGNED ORDINANCE NO. 21-1375 54 City of Denton City Council Minutes July 20, 2021 Page 9 T. ID 21-1376 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of the first amendment to a contract between the City of Denton and United Way of Denton County, Inc., amending the contract approved by City Council on May 4, 2021, in the not -to -exceed amount of $128,273.36, for the Emergency Solutions Grant CARES Act (ESG-CV); said first amendment to extend the term of the contract to October 31, 2021; and providing an effective date (RFQ 7525-005 - extending a contract with United Way of Denton County, Inc. to October 31, 2021). ASSIGNED ORDINANCE NO. 21-1376 U. ID 21-1388 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a Professional Services Agreement with DNV Energy USA, Inc., for transmission planning professional services for Denton Municipal Electric's transmission and generation assets as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7660 - Professional Services Agreement for planning services awarded to DNV Energy USA, Inc., for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $1,550,803.97). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1388 V. ID 21-1422 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with SHI Government Solutions, through the Buy Board Cooperative Purchasing Network Contract #579-19, for the purchase of software licenses and maintenance for continued vendor technical support and software upgrades to the Cartegraph Operations Management System for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7733 - awarded to SHI Government Solutions, in the three (3) year not -to -exceed amount of $290,300.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1422 W. ID 21-1427 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of Change Order No. 1 to the contract between the City of Denton and Hammett Excavation, Inc., for the excavation and construction of Cell 4 at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (IFB 7540 - Change Order No. 1 in the not -to - exceed amount of $72,606.50, for a total contract award aggregated to $3,320,581.34). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1427 X. ID 21-1429 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Wells Fargo Bank, N.A. for Bank Depository Services for the Finance Department; providing for the expenditure of funds therefor; and providing an effective date 55 City of Denton City Council Minutes July 20, 2021 Page 10 (RFP 7435 - awarded to Wells Fargo Bank, N.A., in a five (5) year not -to -exceed amount of $1,000,000.00). The Audit/Finance Committee recommends approval (3-0). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1429 Y. ID 21-1435 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Fulton Supply and Recycling, Inc., for the sale of scrap electrical wire, metals, white goods, electric meters, and water meters for various City departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7555 - awarded to Fulton Supply and Recycling, Inc, for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year term). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1435 Z. ID 21-1436 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to utilize a contract with Holiday Autogroup, through the Tarrant County Purchasing Network Contract #2020- 175, for two (2) new replacement Ford Police Interceptors for the Police Department; providing for the expenditure of funds therefor; and providing an effective date (File 7699 - awarded to Holiday Autogroup, in the not -to -exceed amount of $115,200.10). ASSIGNED ORDINANCE NO. 21-1436 AA. ID 21-1437 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, for the approval of a pre -qualified professional services list of special inspection, geotechnical engineering services, and materials testing including soil & aggregate, concrete, masonry, steel, and asphalt materials related to vertical construction projects for the Facilities Management Department; and providing an effective date (RFQ 7703 - for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year term). ASSIGNED ORDINANCE NO. 21-1437 AB. ID 21-1444 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Kirkpatrick Architecture Studio, amending the contract approved by the City Manager on May 18, 2020, in the not -to -exceed amount of $88,570.00; said first amendment to provide additional architectural design for the renovation of the American Legion Hall Senior Center (ALH) located at 629 Lakey Street; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7366 - providing for an additional first amendment expenditure amount not -to -exceed $79,208.00, with the total contract amount not -to -exceed $167,778.00). ASSIGNED ORDINANCE NO. 21-1444 56 City of Denton City Council Minutes July 20, 2021 Page 11 AC. ID 21-1445 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of Change Order No. 2 to the contract between the City of Denton and Mart, Inc., for additional construction services for the renovation of the American Legion Senior Center Hall located at 629 Lakey Street; providing for the expenditure of funds therefor; and providing an effective date (RFP 7103 - Change Order No. 2 in the not -to -exceed amount of $27,286.86, for a total contract award aggregated to $1,634,639.91). ASSIGNED ORDINANCE NO. 21-1445 AD. ID 21-1433 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with USIC Locating Services, LLC, for locating and marking all existing and future installed utility lines for Denton Municipal Electric, and the Fiber, Water, and Wastewater Departments; providing for the expenditure of funds therefor; and providing an effective date (RFP 7672 - awarded to USIC Locating Services, LLC, for three (3) years, with the option for two (2) additional one (1) year extensions, in the total five (5) year not -to -exceed amount of $4,500,000.00). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1433 AF. ID 21-1443 Consider approval of a resolution of the City of Denton, Texas authorizing the Interim City Manager, or her designee, to approve a contract with "Flock Group, Inc.", dba "Flock Safety", to grant the Denton Police Department access to the Flock Safety secure database; and providing an effective date. ASSIGNED RESOLUTION NO. 21-1443 AG. ID 21-1496 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute a Property Tax Settlement Agreement with Daniel C Atkinson and Kelley Dees, owners of property located at 4525 South Bonnie Brae Street; authorizing expenditures, providing for severability; and providing an effective date. ASSIGNED ORDINANCE NO. 21-1496 ITEMS PULLED FOR INDIVIDUAL CONSIDERATION D. ID 21-1394 Consider adoption of an ordinance of the City of Denton approving and authorizing the Interim City Manager or her designee to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Fire Protection Services; and declaring an effective date. ASSIGNED ORDINANCE NO. 21-1394 Pulled for Individual Consideration by Council Member Davis. Council Member Davis had a conflict of interest and left the Council Chambers. There were no online registrations or call -ins on the item. 57 City of Denton City Council Minutes July 20, 2021 Page 12 The item was not presented and no discussion followed. Mayor Pro Tem Meltzer moved to adopt the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor NAYS (0): None ABSTAIN (1): Council Member Davis E. ID 21-1395 Consider adoption of an ordinance of the City of Denton approving and authorizing the Interim City Manager or her designee to execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for Ambulance Services; and declaring an effective date. ASSIGNED ORDINANCE NO. 21-1395 Pulled for Individual Consideration by Council Member Davis. Council Member Davis had a conflict of interest and left the Council Chambers. There were no online registrations or call -ins on the item. The item was not presented and no discussion followed. Council Member Beck moved to adopt the item as presented. Motion seconded by Council Member Maguire. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor NAYS (0): None ABSTAIN (1): Council Member Davis H. ID 21-1387 Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Lloyd Gosselink Rochelle & Townsend, P.C., amending the contract approved by City Council on January 10, 2017, in the not -to - exceed amount of $715,000.00; amended by Amendment 1 approved by the City Council; said second amendment to provide specialized, professional legal services to secure a Permit Amendment for the City of Denton's Municipal Solid Waste (MSW) Facility, MSW Permit# 1590B, extending the term of the contract to January 10, 2023; and providing an effective date (File 6288 - extending a contract with Lloyd Gosselink Rochelle & Townsend, P.C. to January 10, 2023). The Public Utilities Board recommends approval (5 - 0). ASSIGNED ORDINANCE NO. 21-1387 Pulled for Individual Consideration by Mayor Pro Tem Meltzer and Council Member Armintor. 58 City of Denton City Council Minutes July 20, 2021 Page 13 There were no online registrations or call -ins on the item. The item was not presented and no discussion followed at this time. Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Byrd. Motion carried. Discussion followed. Mayor Hudspeth called the vote on Council Member Davis' motion, seconded by Council Member Byrd, to adopt the item as presented. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, and Maguire NAYS (1): Council Member Armintor AE. ID 21-1176 Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager, or her designee, to execute an Interlocal Agreement in the form of a Memorandum of Understanding with the Denton Independent School District (DISD), for reimbursement to the City in the estimated amount of $763,601 for compensation and benefits of student resource officers (SROs) assigned at DISD for the period of July 1, 2021, through June 30, 2022, and providing an effective date. ASSIGNED ORDINANCE NO. 21-1176 Pulled for Individual Consideration by Council Member Davis. Council Member Davis had a conflict of interest and left the Council Chambers. There were no online registrations or call -ins on the item. The item was not presented and no discussion followed. Mayor Pro Tem Meltzer moved to adopt the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (6): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor NAYS (0): None ABSTAIN (1): Council Member Davis 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 21-1165 Consider appointing a nominating committee to recommend appointees to serve on the Economic Development Partnership Board. APPROVED There were no online registrations or call -ins on the item. 59 City of Denton City Council Minutes July 20, 2021 Page 14 The item was presented and discussion followed. Following discussion, Council Member Davis moved to appoint the following: I APPOINTEES Mayor Gerard Hudspeth Council Member Vicki Byrd Chamber Member Marty Rivers Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None B. ID 21-1439 Consider approval of a resolution by the City of Denton outlining concerns and proposed revisions to the Denton County Transportation Authority's (DCTA) proposed service delivery model to include on -demand zone service and the potential removal of existing fixed route bus service that will significantly impact transit services in the Denton community; and providing an effective date. ASSIGNED RESOLUTION NO. 21-1439 All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. The summary of public commentary/registrations are noted in Exhibit A. The item was presented and discussion followed. Citizen comments received are noted in Exhibit A. Following discussion, Council Member Davis moved to adopt the item as presented with the following amendments: • Change Section 2(i): provide on -demand service and service for all existing fixed routes concurrently for sk menths. 90 days from the implementation of on -demand service to allow DCTA time to gather data and optimize the delivery model based on ridership patterns; • Delete Section 2(iii) in ,i,,ts{'{en{t'irety: iucrc�t option to maintai,�=u�ie� representation, ���T�7�E2t1�e�2t-�l�ivi-;T-an i • Enumerate Section 2(iv) to 2(iii) due to the deletion of the original Section 2(iii). Motion seconded by Mayor Hudspeth. 60 City of Denton City Council Minutes July 20, 2021 Page 15 Discussion followed. Mayor Hudspeth called the vote on Council Member Davis' motion, seconded by him, to adopt the item with the above -noted changes. Motion failed. AYES (2): Mayor Hudspeth and Council Member Davis NAYS (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor Council Member Beck moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Meltzer. Discussion followed. Council Member Maguire suggested changes, in order to provide clarity on points previously discussed/misunderstood, to Section 2(i) which could be reworded to "provide on -demand service and service for all existing fixed routes concurrently for six months from the implementation of on -demand service to allow DCTA time to gather data and, after the six- month period, optimize the delivery model based on ridership patterns." Discussion continued. Following an inquiry that under Roberts Rules of Order the change could possibly be presented as a friendly amendment, Council Member Maguire also inquired on presenting her change as a friendly amendment. Mayor Hudspeth did not concur. Council Member Maguire stated that her friendly amendment consisted of adding 3-4 words to provide clarification; and that even without that friendly amendment, the core of what that section stated remained the same. Mayor Hudspeth agreed that the context was not being modified. There was no formal friendly amendment offered to Council Member Beck's motion to adopt the item as presented. Council Member Beck called a Point of Order that Council Member Maguire had presented her change as a friendly amendment. Mayor Hudspeth denied the Point of Order. Mayor Hudspeth republished Council Member Beck's motion to adopt the item as presented, seconded by Mayor Pro Tem Meltzer, and called the vote on the motion. During the progression of voting, the question arose as to why a friendly amendment could not be offered. Upon Mayor Hudspeth's inquiry, Interim City Attorney Clifton, as the City's Parliamentarian under the City Council Rules of Procedure, advised the following: Procedurally a Point of Order had been raised, with the Mayor making his ruling on that Point of Order; and while there was an opportunity to appeal the decision of the Chair upon that ruling, that did not happen; and With the vote on the item having been called, there was no opportunity to appeal. There was no further discussion. 61 City of Denton City Council Minutes July 20, 2021 Page 16 The vote on the item continued. Motion carried. AYES (5): Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Maguire, and Armintor NAYS (2): Mayor Hudspeth and Council Member Davis 6. PUBLIC HEARINGS A. PD21-0003b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Residential 3 (R3) District to a Planned Development (PD) District on approximately 17.805 acres of land generally located 275 feet north of the intersection of N Bonnie Brae Street and Carril Al Lago Drive, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission voted [6-0] to approve the request. (PD21-0003b, Perch, Sean Jacobson) ASSIGNED ORDINANCE NO. PD21-0003b All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. The summary of public commentary/registrations are noted in Exhibit A. The item was presented and discussion followed. The public hearing was opened and citizen comments received are noted in Exhibit A. With no other caller on queue, the public hearing was closed. Following discussion, Council Member Davis moved to adopt the item as presented. Motion seconded by Council Member Beck. Motion carried. AYES (7): Mayor Hudspeth, Mayor Pro Tem Meltzer and Council Members Byrd, Beck, Davis, Maguire, and Armintor NAYS (0): None B. Z21 -0007d Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Public Facilities (PF) District to Light Industrial (LI) District on approximately 30.43 acres of land generally located on the south side of Jim Christal Road, approximately 900 feet east of Thomas J Egan Road, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The 62 City of Denton City Council Minutes July 20, 2021 Page 17 Planning and Zoning Commission voted [6-0] to approve the request. (Z21 -0007d, Jim Christal Road Rezoning, Karina Maldonado) NOT CONSIDERED All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. The summary of public commentary/registrations are noted in Exhibit A. As noted, the item was not considered. C. PD21-000ld Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification on approximately 95.18 acres from Residential 4 (R4) District to a Planned Development (PD) District and approximately 5.25 acres from Residential 7 (R7) District to a Planned Development (PD) District, totaling approximately 100.43 acres; the 95.18 -acre site is generally located northwest of the intersection of Deerwood Parkway and Grant Parkway and the 5.25 -acre site is generally located northeast of the intersection of North Loop 288 and Kings Row, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [5-1] to recommend approval the request with conditions. (PD21- 0001 d, Kings Way, Julie Wyatt) POSTPONED AT THE REQUEST OF THE DEVELOPER TO ALLOW TIME TO MEET AGAIN WITH THE RESIDENTS All members of the City Council received the comments as submitted and had the opportunity to review all submissions prior to the start of the meeting and consider such comments when voting on the item. The summary of public commentary/registrations are noted in Exhibit A. The item was postponed as noted above. 7. CONCLUDING ITEMS Council Members expressed items of interest. With no further business, the meeting was adjourned at 9:31 p.m. GERARD HUDSPETH MAYOR CITY OF DENTON, TEXAS MINUTES APPROVED ON: CATHY WELBORN ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS 63 ca � � aG� .'.�! « ° 9 `p❑a, « O .`� ami N p � A A � � G w � 'd +j G, � � T Q v O �', N W �, � N « w « � '� F ❑� ❑T � C is hU •d wp 'G, C W C "S �1 O `�' O O E pp N „' 'Cr. d � > Op tC vT. 3 N � t��. _, j N ` p0 y ° m � C v y a' F � � y L ,L_T aD 9 Q .Q 'O w 'O a N« N 9p p ❑ N •d 'C y V �p C 'R a "" �' A w � �m �^ y5 � �� y� w a m " c yF•d .a a zp,� � o � e o E�� � ,� L',".>'. o N a v � 0 3� .S ��` •o � y� c � � w .� 3 a .� d •c .v m No .6� `.9 C« N W C L'• N O .3'� bD 2 o 3 3 •� .S o R'ki. c N G .S tE G b'o ti .�- y '� U CTl a❑ �°, cn s° o .y .o d a b w T v. Q O U«^ � _ v R.° y� L O N L y� O C •� «O F b '� ap m> > •a p .� 6 r � R 3 O O �CtiD N Cq O 9 GD .� ° y O « > p a Ty � � � R A ° ""' � � C N S ,� O O ,i N «° � Q C •� y F C °° N� •� A y L � O� O O c',z ',z A as a°i F °r�L 3 3Jo F a` 3 o',z F �,c' o ',z ',z d � E •a coo O O y 0 O O coo o H a O O � W Ec c w v w v M o 1. M v z O M v° w z v o 1.� j � Sj S Sj O Sj O Sj S N O Sj O Sj O Sj � Sj O per. U h N a N a N a N N aaa N N a N a N N as N N as N N aaa N N a N N aQ a y C C C C C C C C C C C C C C C C ca a a aaa a a Qa aQ aaa a as .. .. ca ca o xxw l� N N 01 M x x w3 � h 3� b� wQo � N •-- U N N 3z b N v1 N �' •o 'd '—' l'o y .c °' 0 0 0 o° m U. � 0 0 W� U U U U U U S A T � � Q pq W p ca 9 2 A O p m G G ❑ rC O a p0 'O G 1 O S S U p O d E te a, � 'O P' y 9 N �b❑y9 .d v. ^°6 C N« y 0° N F ❑ Q Z y pp EN �' 4�J O O' C❑ d v ❑ (� .o S v ❑' F. S O O ro «.T .^ e9 a°+ '� to O F y O E❑ V N O p5q N 35 m « O v�pr T G G F a v NE n o '� � � ... � �, � � '� �' � 'y w° ,a• � x .� e4 a'e, F°o � ,c,' % �' ai L' O w' v 3 R O L ,� b0 « ❑ R O U 9 Fri 9 Y ❑O 'O y O D a y r0. O v .0ii 3 y v G '❑yOq O p � 3 T O G 'r_°. O .S y CG6 y v 9 [�• d y� F .`� � yLT 6 v «❑ � R N m i t ti b d�� y� F .'.9 � d J� " P0. 0. F .E O 'y p �. ❑O y A Uyi ^� a C a O U cO .dS GON .60.>eoi ;y N Ny 9 LA O FG N m>m aD « T a" �yTp� y U d 0.ii V .y O ,V 0 'O p S Y. 7 O �O a❑ R'i �i C ❑' p O >�. N iy w N V w S d ou 9 0 �"� T ° 8 v T« •• .� '� > q�q ❑ o 0 0 �, g o T„ E c= SG o .E £ .❑ a ° c �, ° >°. °�' T .a o ,i ° °' °' ❑ ; ro '�' a m m '❑ m dA y `° 4, 22" ,°❑m 'o � ❑ o rx g o vq ".raS ONv P0.���O➢.S SS £"O ".d NiGb ^° SOS W.�yQ ,� ❑ ❑' " z' � p .'� A 'd .L' ❑❑ � �d� O 3 ❑ « A � U :} .Q d O '3 p �^ O > N v ,� 6 .❑.Oda° « '�O' O G p. .Qy V � O .:� 'C b 0.Qi� � QCT �tl � � S CqD y � � C ,4' y p❑, p Ep 6 F F.. G � N � .� °i J N v. Y � '° � � m °' v d .� O � ' ^m 3 L R O c 0 ��„ � 3 �' °F�.' ,� U � v o g D 3 � m �• � A m 5 v " N O T � a .� o v. ° �Cp .L.T C y y N � � � O L y m � ❑T �• 'p N O '-' « v y y �6 O ❑ b0 .S Y �y od g u w0 �CC V -0 ❑ ° F .'�' b❑00 F O .S O G Od .7 .O O N O '� a7' _O N z' O7 '� 'C T ❑ 'O « O > .^ 'O ."i� S��' .-❑ :d O £ d .� ❑ �,?1 R U '-' Q- F pOp R 9 �, YO � y d" '°d � h F _ �. O�❑ 9 O� ° 7� rTi G '� AOtiD x N L +j O N 3 0. C y0 .9 h Q �tl O pQ. Q .7, A y� U CC O CC .G '3 m `RSOuY d! Eo w° Y o ° .Ste ° ° .NE ,oma O F p ,Z F C 0 0 z z T ��' « O R ,C °° F z F O F ra �tl O z F F N Q T V) F C z U x R p Y'❑OC T« 0 O O F O W W �R O � N N N N N N y❑ N N N N N N C. ❑ O coo cc O O O O O coo O O coo O NO C O C O O O O C 6 Q O O O C O O O O O C O O O O O O O O O O O O O O O AI O O 0 0 0 O O O O O O O O O O O O O 0 0 0 O N N Qa N N aaa N N N as N a N N^ aa7 N a N a N aaaa N N N N a N a N N aaa N N a a R R R R R R R R R R R R R R R R R R R R R R U � � � � � 7 � � � � � � � � ,❑, Q A adi A A adi A adi A A A A Q A A adi A adi A adi A A A A A adi A A adi A A �C7O QO QwQ Ow w w3¢ c7 O C7 Q w C7 via 'a. 3 a Ulu I U 1w° V 0 0 V x I x 1313 u � a s R s. T Cp � '❑ OT A 9 �' N S '� 7 F G Y�� C 9 y m L ❑ ❑ 9 v S C z"tiw` ca c7 n°w`a ca pq W p l7 N �O O 0 0 'o t o ... q b o C] ^� °c o bC p$ ti N; ono O •S N a 3 S 0 3 N U o ^R O T 9 i a >, y G, �. v y O O p °� C C N « °� V 3 C .S O c q O a a S� O } id S COD C O p« �° v O O O > .� Y P" C O m a� L 'O ❑ rq� a y y 'pyo d a'� �ao Ouc'o O a.9 w ❑N R c �j W t0. F rYi Gp .o y ° ?` 'O v .'� l� ,pG 'C .« >` o O a N Oo .S G' ' N c y o o o vG "> Qo a� mE� am - y 0A 0 OR 0- 'o oO S v 10 y o o o O U Oo c '� ',S m °r' o ,� .y°o o von p chi ,0 3 .5 $ N 4>�yy O A O F y 00 ° O y y 0 R'OO O w '« E 3 O �tl ^ G O 'O N >` O �d O o O� .S .F O W V] N y rTi O c O W .w.. 7 R y > 9 m y v c y , .^ "1 E 0 p v h a 3 u 3 on y$ T" o a c° 3.�v, v $ 3 p 30 :? v .� O d .o N. ❑ ,, Aa pC y a v o 0 y r O O 0 L O o O O q ❑y O y v c�e"D= v •S m �$ °ccwy xyv -0. ,., i❑d O « y O« y0 >> O£ «° F O °N yp 'S y O O C tJ C W p 0 W❑ iy F y 0 y ` 0 j 0 O° p S N y p b d L �tl «° o o 'o, p w o v t m 5 m F S « O F` F y 0 ij 00 " ''•� C '� 0 o T o, T z N d O 2 a r� ° R m y A .Q o c on a$ 3 `� .S 0 y 'a «� 9 y m C ,L_� Wi3 E ° O Pqi y c 3 « C« ° O O C« °2% A O �ppptl O O N T m ° 'd G 0. 0. U L' y y, a' b v 0 0 X« ° N U y p p y d ... U« •O S W o � 0.waopa��s zH �a ambo zF�A zzz3ow C C R C C C C R C C C C C C R C C O O c 0 O O O c 0 O O O O O c 0 O a O o a s $ $ 0 o a s $ $ o a $ O a $ O a $ 0 0 R a $ $ o a $ o o a s $ $ O o a a $ $ 0 o a a $ $ O a $ 0 O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 O O C N N q q N N q q N q N q N~ q N q q N q N N q q N N q q N" q ,Nj N q R R a R R R R R R R R R R R a R C C O O C C 0 0 C O C O C O C C O O C O C C O O C C 0 0 C F 0 C O U C q q q q C q q q q q q g q ❑ q q q U O > h W.. 0.' E Qw 00 x O M w N R C N N o 0 oD ° z z z z z z z z � 3 19 1 'O O ° C ° C O C 30 � � 3 b � N �C�pp F � � R � � � '° zp0' � y •d y v ° a b � '� ` y � w � ,� CO❑ F' A .. ° m c q° ,� y � on � m c .5 .: ,c m v `° y F, o �i F o aai � � 7iN W cV `o � � � � w c .°° d opCo � > '°- � .� > w o �`• F o ° •° 3 °p °0 3 0 o T �' v eu « c u S e°Dn a. on .5 ..�H g . •0 c 3 .5 a• r W 'd U Q ': S b T rn � O ❑} .0 � 5i �.' z' � y � C _v � U 3 B c .: c .�' •o .'° .� ,a v a � .? � °^ a 3 o F °' `o 'T 3 N '9 "°" c '� o � '� [�- d p� c •v .-s ,c° „° 3 R C °v °v � ° o • m co ° � � .N 2 c c O4§ N C '�'� � _y � > � > .5 0 °s o m v m .� .5 � y '� •� �rn R '° '� `°° a � '� �' a � °= � itl � � '� � " ° ,b, ❑ ,°° � �' 5b� 5n « .� o c� a 3 w m � v � 5�� o� - o o y 'd «� o o p 0 0 0 � 3 o o w >, o v o .a T G �C 3 � ;i 3 3 o N 9 � 0 9 "� 6 � �� w 0^ •� R C O 'S �i G F ❑❑�� ° N° y G� N A R� L ,C ° b �, F'� en a 5 m a 5 o .-. " .5 •• cW °' w o o U C iy p T p �� O O 'S O ^ y 3 v aai ap O R y 'O C 0 S N r C w ". W .5 G P7 C C .d ,-. C p0. U yqy O :Q O N 'O S :Cd " .S > N C v° O C ai ° R W° P y « O L � $' � ° 2 0 0 � o ^° .S � �; •o � .� a � � °p °' °' itl pp ❑p '" ° � A � a°i ° U � 5 0 � �. U °° "� v m� .a U U � °' h g .�' ;° a ,�, � a Ca F .� _oen Cg z F > 3 p w v 3 z F e> w `� z z .0 p« .. F m o .0 F w' .0 F p C 3 F P.' 3 .� z z °O G C G C G C G C C G 4 H ❑ °e 0 a 0 a 0 a 0 0 a s M 0 a 0 6 R z d' z 0 0 R a 0 a 0 a 0 0 a s 0 a v 0 0 a a 0 0 a a 0 a CIO 0 O 0 0 O 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O G N a N a N a N N a s N a N^ ca N ^ N ^ N o a N a N a N N a s N a N N a s N N ca a N a O O O O O O 0 0 > O O av O O O O O p 0 0 0 O C � Y a a a as a caa ocia ci aci a Q acia ci b N C U Ll ° R Opp Opp Q v cc v cc ZIN cc C O 5 5 5 0 O O O O M A N 1 t� R tCJ� GG' 0o cc ads ��P E. U p �o � m � r N j G C T G Qy0 o°p �, G G itl C N 6 ox.c $F y o o O 0 v C O ryp O > LT L ppp� N V «ys� szza a ° ° a aC z z 4 d 6 d L Y' Y' o, b c c c'A Q C 0 0 0 U A A A A o � � m 0 L 'p a G4 9 V w w 0 0 3 3 T x z x U U U N N ,Cj m a b b 3 3 3 3 w C R V 5 9 L B O z 0o cc City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 21-1311, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Committee on Persons with Disabilities, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 69 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Committee on Persons with Disabilities, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. BACKGROUND Member Sam Alphonse has been a member on the Committee on Persons with Disabilities (COPWD) since August 2020; and his current term expires August 31, 2021. Nominated by Council Member Deb Armintor, he fills the Single Member Place 5 position on COPWD. Certain sections of the Denton Code of Ordinances govern board/commission member attendance as follows: • Section 2.83(c): "Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member... Members who cannot attend the meeting must contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. " • Section 2.83(c)(3): "Absences resulting in cause for removal: An unexcused absence of any board, commission, committee, member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1) year, or lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause," as that term is used in Section 14.16 of the Charter, for removal by the city council. " 70 Further Article XIV, Section 14.16 of the City Charter states, "Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council." This provision is permissive, but not mandatory. Members at time of appointment/reappointment are provided a copy of the B&C Handbook as well as Attendance Policy Guidelines and Absence Form as part of their packet. Staff reported Member Alphonse was emailed well in advance of the meeting dates as were all other members; and when no confirmation was received to those emails, followed up with phone calls/voice mails. No responses were received. Further, no request was received asking the absences to be excused prior to the start of the meetings. On June 4, 2021, the city secretary sent written notification to Member Alphonse as required under the Denton Boards & Commissions Handbook (Exhibit 2) requesting his resignation be submitted no later than 5 p.m., Monday, June 14, 2021. To date no response was received from Member Alphonse. Member Alphonse has been notified the item is scheduled for City Council consideration; and that he has the option to register to speak in-person/call in or submit a virtual white card. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Notification Letter to Member Exhibit 3 — Proposed Resolution Respectfully submitted: Rosa Rios City Secretary 71 My OF DENTON June 4, 2021 VIA Regular Mail and Email: Mr. Sam Alphonse Dear Mr. Alphonse, City Secretary's Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8309 You currently serve as a member of the Committee on Persons with Disabilities. Article III of the Denton Code of Ordinances governs boards and commissions. Specific to attendance, note the following provisions: ■ Section 2.83(c): "Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member... Members who cannot attend the meeting must contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. " • Section 2.83(c)(3): "Absences resulting in cause for removal: An unexcused absence of any board, commission, committee, member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1) year, or lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause, " as that term is used in Section 14.16 of the Charter, for removal by the city council. " Article XIV, Section 14.16 of the Charter states, "Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council." OUR CORE VALUES Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service ADA/EOE/AREA www.cityofdenton.com TDD (800) 735-2989 72 Mr. Sam Alphonse June 4, 2021 Page 2 Our records reflect you have unexcused absences for the following meetings. As noted earlier, notification of any absence is to occur prior to the start of the meeting. As a result, you have failed to meet the attendance requirements and triggered the City Charter provision referenced above. o September 17, 2020 o November 19, 2020 o March 18, 2021 o May 20, 2021 The Denton Boards & Commissions Handbook requires I send written notification that you have violated the above -noted attendance policy and ask you submit your letter of resignation no later than 5 p.m. on Monday, June 14, 2021. Please submit such resignation to my attention. In the event you fail to submit such letter of resignation by the noted due date/time, I am required to place an item on the City Council agenda requesting your removal. Should that step be taken, your name will be publicly disclosed and hope to prevent that from happening. I can be reached via email at rosa.rios e,cityofdenton.com or phone, (940)349-8309. Sincerely, Rosa Rios City Secretary C: Council Member Deb Armintor Sara Hensley, Interim City Manager Ryan Adams, Director of Customer Service & Public Affairs 2 73 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON PROVIDING FOR REMOVAL FOR CAUSE OF A MEMBER OF THE COMMITTEE ON PERSONS WITH DISABILITIES, IN ACCORDANCE WITH ARTICLE XIV, SECTION 14.16 OF THE DENTON CITY CHARTER; PROVIDING NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Charter, Article XIV, Section 14.16, states, "Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council. " WHEREAS, the Denton Code of Ordinances, Article III, Section 2.83(c), addresses member attendance requirements that must be met by members of boards, commissions, and committees; and further states, in part, "... lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause, " as that term is used in Section 14.16 of the Charter, for removal by the city council. " WHEREAS, the Denton Boards & Commissions Handbook, last revised by Resolution 21- 271 adopted on April 20, 2021, addresses notification be sent to any member who has failed to meet board member attendance requirements. WHEREAS, the City Secretary, on June 4, 2021, sent written notice to the Committee on Persons with Disabilities Member on the failure to meet attendance requirements for meetings held September 17, 2020, November 19, 2020, March 18, 2021, and May 20, 2021, and the Member was afforded the opportunity to resign before referring the matter to the City Council. WHEREAS, the Member failed to submit a response to the City Secretary's notification; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, HEREBY RESOLVES: SECTION 1. Committee on Persons with Disabilities Member Sam Alphonse is hereby removed for cause for failing to meet the attendance requirements as set forth in the Denton Code of Ordinances, Article III, Section 2.83(c) for absences on the following meeting dates: September 17, 2020, November 19, 2020, March 18, 2021 and May 20, 2021. SECTION 2. This Resolution shall become effective immediately and the City Secretary is hereby directed to send a copy of this resolution as notice via certified and regular mail to the member within five days of the date of its passage. The motion to approve this resolution was made by and seconded by , the resolution was passed and approved by the following vote [ - 1 : 74 Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY vtau._� BY: 75 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 21-1312, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Traffic Safety Commission, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 76 of DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton providing for removal for cause of a Member of the Traffic Safety Commission, in accordance with Article XIV, Section 14.16 of the Denton City Charter; providing notice; and providing an effective date. BACKGROUND Member Kevin Sample has been a member on the Traffic Safety Commission (TSC) since March 2019; and his current term expires August 31, 2021. Nominated by Council Member Deb Armintor, he fills the Single Member Place 5 position on TSC. Certain sections of the Denton Code of Ordinances govern board/commission member attendance as follows: • Section 2.83(c): "Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member... Members who cannot attend the meeting must contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. " • Section 2.83(c)(3): "Absences resulting in cause for removal: An unexcused absence of any board, commission, committee, member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1) year, or lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause," as that term is used in Section 14.16 of the Charter, for removal by the city council. " 77 Further Article XIV, Section 14.16 of the City Charter states, "Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council." This provision is permissive, but not mandatory. Members at time of appointment/reappointment are provided a copy of the B&C Handbook as well as Attendance Policy Guidelines and Absence Form as part of their packet. Staff reported Member Sample was emailed well in advance of the meeting dates as were all other members; and when no confirmation was received to those emails, followed up with phone calls/voice mails. No responses were received. Further, no request was received asking the absences to be excused prior to the start of the meetings. On June 11, 2021, the city secretary sent written notification to Member Sample as required under the Denton Boards & Commissions Handbook (Exhibit 2) requesting his resignation be submitted no later than 5 p.m., Monday, June 21, 2021. To date no response was received from Member Sample. However, Member Sample did inform the TSC of the letter he received during their Monday, June 21, 2021. The city secretary was advised that Member Sample did refer to the notification letter at/during the June 21, 2021 TSC meeting. Following additional follow up, to date, no written/verbal response from the member has been received. Member Sample has been notified the item is scheduled for City Council consideration; and that he has the option to register to speak in-person/call in or submit a virtual white card. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — Notification Letter to Member Exhibit 3 — Proposed Resolution Respectfully submitted: Rosa Rios City Secretary 78 CITY OF DENTON June 11, 2021 VIA Regular Mail and Email: Mr. Kevin Sample Dear Mr. Sample, City Secretary's Office 215 E. McKinney St., Denton, TX 76201 • (940) 349-8309 You currently serve as a member of the Traffic Safety Commission. Article III of the Denton Code of Ordinances governs boards and commissions. Specific to attendance, note the following provisions: • Section 2.83(c): "Absences. Every board, commission, and committee member shall attend all regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member... Members who cannot attend the meeting must contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. " ■ Section 2.83(c)(3): "Absences resulting in cause for removal: An unexcused absence of any board, commission, committee, member from more than three (3) regularly called and scheduled meetings of which he or she is a member in any one (1) year, or lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause, " as that term is used in Section 14.16 of the Charter, for removal by the city council. " Article XIV, Section 14.16 of the Charter states, "Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council." OUR CORE VALUES Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service ADA/EOE/AREA www.cityofdenton.com TDD (800) 735-2989 79 Mr. Kevin Sample June 11, 2021 Page 2 Our records reflect you have unexcused absences for the following meetings. As noted earlier, notification of any absence is to occur prior to the start of the meeting. As a result, you have failed to meet the attendance requirements and triggered the City Charter provision referenced above. o July 20, 2020 o September 17, 2020 o November 9, 2020 o March 3, 2021 The Denton Boards & Commissions Handbook requires I send written notification that you have violated the above -noted attendance policy and ask you submit your letter of resignation no later than 5 p.m. on Monday, June 21, 2021. Please submit such resignation to my attention. In the event you fail to submit such letter of resignation by the noted due date/time, I am required to place an item on the City Council agenda requesting your removal. Should that step be taken, your name will be publicly disclosed and hope to prevent that from happening. I can be reached via email at rosa.riosgeityofdenton.com or phone, (940)349-8309. Sincerely, -I!aZ_�� Rosa Rios City Secretary C: Council Member Deb Armintor Sara Hensley, Interim City Manager Rebecca Diviney, Director of Capital Project and City Engineer 2 80 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON PROVIDING FOR REMOVAL FOR CAUSE OF A MEMBER OF THE TRAFFIC SAFETY COMMISSION, IN ACCORDANCE WITH ARTICLE XIV, SECTION 14.16 OF THE DENTON CITY CHARTER; PROVIDING NOTICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton City Charter, Article XIV, Section 14.16, states, "Members of boards and commissions of the City of Denton shall serve at the pleasure of the council. Members of such boards and commissions may be removed by the council only for cause and only after being given notice by the council. " WHEREAS, the Denton Code of Ordinances, Article III, Section 2.83(c), addresses member attendance requirements that must be met by members of boards, commissions, and committees; and further states, in part, "... lack of attendance at fifty (50) percent of the number of regular/scheduled meetings in a year, shall be considered "cause, " as that term is used in Section 14.16 of the Charter, for removal by the city council. " WHEREAS, the Denton Boards & Commissions Handbook, last revised by Resolution 21- 271 adopted on April 20, 2021, addresses notification be sent to any member who has failed to meet board member attendance requirements. WHEREAS, the City Secretary, on June 11, 2021, sent written notice to the Traffic Safety Commission Member on the failure to meet attendance requirements for meetings held July 20, 2020, September 17, 2020, November 9, 2020, and March 3, 2021 and the Member was afforded the opportunity to resign before referring the matter to the City Council. WHEREAS, the Member failed to submit a response to the City Secretary's notification; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON, HEREBY RESOLVES: SECTION 1. Traffic Safety Commission Member Kevin Sample is hereby removed for cause for failing to meet the attendance requirements as set forth in the Denton Code of Ordinances, Article III, Section 2.83(c) for absences on the following meeting dates: July 20, 2020, September 17, 2020, November 9, 2020, and March 3, 2021. SECTION 2. This Resolution shall become effective immediately and the City Secretary is hereby directed to send a copy of this resolution as notice via certified and regular mail to the member within five days of the date of its passage. The motion to approve this resolution was made by and seconded by ; the resolution was passed and approved by the following vote [ - 1 : 81 Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY 82 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ,1Y www.cityofdenton.com DENTON Legislation Text File #: ID 21-1572, Version: 1 AGENDA CAPTION Consider approval of a resolution of the City of Denton providing the July 12, 2021 meeting absence of a Public Utilities Board Member be excused; and declaring an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 83 oe DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: City Manager's Office ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider approval of a resolution of the City of Denton providing the July 12, 2021 meeting absence of a Public Utilities Board Member be excused; and declaring an effective date. BACKGROUND Section 2-83(c) of the Denton City Code mandates board, commission, or committee members who cannot attend a meeting must contact the chairperson or an appropriate staff liaison to report his or her absence before the start of the meeting and provide the reason why he or she is unable to attend. Absences can be excused by the City Secretary if the notification is received in advance of the meeting and if the absence is for the following reasons: personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, or an absence necessary for the member's business or employment. All board, commission, and committee members are provided information on the attendance requirements. Public Utilities Board Member Lee Riback reported he was be unable attend the July 12, 2021 board meeting due to being out of town for a scheduled vacation, with such reason not meeting the excused absence criteria. Denton City Code Section 2-83(c)(1)(b) provides that in the event an absence does not meet any of the above excused absence criteria, a member may submit a request to have the absence excused to the City Secretary's Office in writing no later than ten business days after the date the absence occurred, after which the City Secretary will then place an item on the next available City Council agenda for their consideration, in accordance with the Texas Open Meetings Act. Member Riback filed such a request within the timeline required. The request is being formally presented to City Council. 106:4:II:11ILI Exhibit 1 — Agenda Information Sheet Exhibit 2 — Draft Resolution & Exhibit Respectfully submitted: Rosa Rios City Secretary 84 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON PROVIDING THE JULY 12, 2021 MEETING ABSENCE OF A PUBLIC UTILITIES BOARD MEMBER BE EXCUSED; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 19-2866, adopted January 28, 2020, outlines the attendance policy/requirements for members of certain board, commission, and committees; and WHEREAS, at adoption, Ordinance No. 19-2866 amended Section 2-83(c)(1)(a) to provide that an absence shall be considered excused for the following reasons: personal or family illness, death of a family member, jury duty, service in the armed forces, testifying before the legislature, attending a seminar involving municipal matters of importance to the member's duties, or an absence necessary for the member's business or employment; and WHEREAS, Section 2-83(c)(1)(b), provides that "[i]n the event an absence does not meet any of the above noted criteria for an excused absence, the member may submit a request to have the absence excused to the City Secretary's Office in writing no later than ten business days after the date the absence occurred, after which the City Secretary will then place an item on the next available city council agenda for their consideration, in accordance with the Texas Open Meetings Act."; and WHEREAS, Public Utilities Member Lee Riback was absent from the July 12, 2021 meeting, with the purpose of the absence not meeting the criteria for an excused absence; and WHEREAS, Board Member Lee Riback has requested City Council excuse his absence from the July 12, 2021 meeting, for the purpose as stated in Exhibit A; and, WHEREAS, the City Secretary formally presents Board Member Lee Riback's request for an excused absence to the City Council; NOW THEREFORE; THE COUNCIL OF THE CITY OF DENTON, HEREBY RESOLVES: SECTION 1. The reason for Board Member Lee Riback's absence from the July 12, 2021 Public Utilities Board Member meeting is sufficient to provide the absence be excused. SECTION 2. The Minutes of the July 12, 2021 Public Utilities Board meeting should reflect the absence of Board Member Lee Riback has been excused by the City Council on the date of adoption of this Resolution; and his attendance record should reflect such absence as excused. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. 85 The motion to approve this Resolution was made by and seconded by , the Resolution was passed and approved by the following vote Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY 5ttq��� 4-1 86 U} DENTON B&C NOTIFICATION OF ABSENCE Par Section 2 8S(c) of the Lenton City Coda. Memhers who caarwt attend the meeting mast contact the chairperson or an appropriate staff Awsw concerning his or her absence pritr to the meeting. PI ease als o include citysecretary9cityofdenton coni in the notification email. MEMBER INFORMATION Name Email Phore Fib adk Date of absence: 07/12/2021 What board, commission, or committee does this absence apply to? - Select only one - Submit one form per absence ❑ Airport Advisory Board ❑ Animal Shelter Advisory Committee ❑ Animal Shelter Advisory Committee ❑ Board of Ethics ❑ Committee on Persons with Disabilities ❑ Community Development Advisory Committee ❑ Denton Code Review Committee ❑ Denton Police Department Chief of Police Advisory Board ❑ Health and Building Standards Commission ❑ Historic Landmark Commission ❑ Human Services Advisory Committee ❑ Library Board ❑ Parks, Recreation and Beautification Board ❑ Planning and Zoning Commission ❑ Public Art Committee © Public Utilities Board ❑ Sustainability Framework Advisory Committee ❑ Traffic Safety Commission ❑ Zoning Board of Adjustment R - a --n for A' - sen - - (Selec` -niy one crie(-, as app"cable. "no' noted, see se -`° - -- below.) . ❑ personal or family illness 2. ❑ death of a family member 3. ❑ jury duty 4. ❑ service in the armed forces 5. ❑ testifying before the legislature 6. ❑ attending a seminar involving municipal matters of importance to the member's duties 7. ❑ absence necessary for the member's business or employment 8. © OTHER: Vacationoutoftoun If your absence is determined to be unexcused (not clearly meeting Criteria 1-7), would you like the City Secretary to submit a request to the City Council to excuse your absence? ® Yes ❑ No 87 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1495, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or their designee, to execute an Interlocal Cooperative Purchasing Agreement with Denton County, to provide property tax billing and collections services for the City of Denton; providing a savings clause; and providing an effective date (File 7773 - award an Interlocal Purchasing Agreement with Denton County). City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTM 88 1%,1001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager, or their designee, to execute an Interlocal Cooperative Purchasing Agreement with Denton County, to provide property tax billing and collections services for the City of Denton; providing a savings clause; and providing an effective date (File 7773 — award an Interlocal Purchasing Agreement with Denton County). INFORMATION/BACKGROUND This Interlocal Agreement for tax collection services to be performed by Denton County was initially established in March 2007. At that time, the agreement was exclusive to the processing of statements and supplemental payments for the 2007 tax year and subsequent tax years. This Agreement was most recently approved by City Council on July 24, 2018, by Ordinance 18-1037. The County currently processes approximately 55,000 tax statements and tax supplemental payments on the City's behalf. This arrangement is efficient because one entity is responsible for billing and collecting payments for all three taxing entities: the City, the County, and the School District. Chapter 791 of the Texas Government Code states that to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions, normally associated with the operation of government such as purchasing of necessary materials and supplies. This Interlocal Agreement continues to authorize Denton County to process tax statements and payments on behalf of the City of Denton. The price for this service will be $1.00 per parcel. Section 791 of the Government Code requires that all Cooperative Agreements must be authorized by the governing body, regardless of the dollar amount. RECOMMENDATION Award an Interlocal Agreement with Denton County, to provide tax processing services for the 2021 tax year to the City of Denton. PRINCIPAL PLACE OF BUSINESS Denton County, Texas Denton, TX 89 ESTIMATED SCHEDULE OF PROJECT The initial term of this agreement shall be for a period of one year from October 1, 2021, to September 30, 2022. Following the initial term, this agreement shall automatically renew for subsequent one-year terms, unless written notice of termination is provided. FISCAL INFORMATION These services will be funded from the General Fund in the estimated annual amount of $60,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Interlocal Agreement Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Heather Gray, 940-349-8115. Legal point of contact: Marcella Lunn at 940-349-8333. 90 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH DENTON COUNTY, TO PROVIDE PROPERTY TAX BILLING AND COLLECTIONS SERVICES FOR THE CITY OF DENTON; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE (FILE 7773 — AWARD AN INTERLOCAL PURCHASING AGREEMENT WITH DENTON COUNTY). WHEREAS, the City of Denton (the "City") and Denton County (the "County") desire to enter into an Interlocal Agreement for the County, through its duly elected tax assessor -collector, to act as tax assessor and collector for the City for the purpose of billing and collecting property taxes; and WHEREAS, the County is well-equipped to perform this service; and WHEREAS, the City Council finds that the Interlocal Agreement is in the publics' interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager, or their designee, is hereby authorized to execute the Interlocal Agreement, which shall be attached hereto, on behalf of the City with the County. The City Manager, or their designee, is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement including the expenditure of funds provided for therein. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by approved by the following vote - ]: Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: This ordinance was passed and Aye Nay Abstain Absent 91 PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: d-com, dc=cityofdenton, dc=codad, —Department Users and Groups, ou=General Government, ou=Legal, cn=Marcella Lunn, BY: email=Marcella.Lunn@cityofdenton.com Page 2 92 DocuSign Envelope ID: 1208F6A9-5E68-4686-910E-666665369217 I CITY OF DENTON Docusign City Council Transmittal Coversheet IA 7773 File Name Interlocal Agreement w Denton county Purchasing Contact Erica Garcia City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance EDS 93 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR PROPERTY TAX ASSESSMENT AND COLLECTION BETWEEN DENTON COUNTY, TEXAS AND CITY/TOWN OF Denton , TEXAS INTERLOCAL COOPERATION AGREEMENT —TAX COLLECTION THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and City of Denton Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of Texas Government Code, Chapter 791 (the Interlocal Cooperation Act), and Section 6.24 of the Texas Tax Code; and; WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for MUNICIPALITY and COUNTY has the authority to so act. NOW THEREFORE, COUNTY and MUNICIPALITY, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: Page 1 of 15 Municipality ILA (2021) 94 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 Throughout this Agreement, the term "Property Tax Code" means Title 1 of the Texas Tax Code. Throughout this Agreement, the term "tax year" means the calendar year in which the applicable tax lien attaches to the taxable property. The term "collection year" refers to the period commencing on October I st of the applicable tax year and continuing through the end of the applicable term (September 30' of the following year), in which collection and billing services are to be performed under this Agreement. I. The effective date of this Agreement shall be October 1, 2021. The initial term of this Agreement shall be for a period of one year beginning on the effective date and ending on, September 30, 2022. The initial term of the Agreement is for tax year 2021 property tax rate calculation, billing and collection services. Following the initial term, this Agreement shall automatically renew for subsequent one-year terms, unless written notice of termination is provided by COUNTY or MUNICIPALITY no later than one hundred - eighty (180) days prior to the expiration date of the then -current term of the Agreement. If said notice is provided, this Agreement shall terminate at the end of the then -current term. Each renewal term shall be for property tax rate calculation, billing and collection services for the applicable tax year (the first renewal term will be for tax year 2022, the second renewal terms for tax year 2023, etc.). II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for MUNICIPALITY to Page 2 of 15 Municipality ILA (2021) 95 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor/collector, shall serve as tax assessor/collector for MUNICIPALITY for ad valorem tax collection for the tax year. COUNTY agrees to perform all necessary ad valorem assessing and collecting duties for MUNICIPALITY and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees. 2. COUNTY agrees to prepare and mail all current and delinquent tax statements required by statute, supplemental changes for applicable property accounts, as well as prepare and mail any other mailing as deemed necessary and appropriate by COUNTY; provide daily, monthly and annual collection reports to MUNICIPALITY; prepare tax certificates; develop and maintain both current and delinquent tax rolls, disburse tax monies to MUNICIPALITY daily (business day) based on prior day tax postings, approve and refund overpayment or erroneous payment of taxes for MUNICIPALITY pursuant to Property Tax Code Chapter 31 from available current tax collections of MUNICIPALITY; and to meet the requirements of Section 26.04 and Chapter 42, Subchapter C and develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. If daily disbursal is to be delayed, COUNTY will notify MUNICIPALITY in the secured web entity folder the reason for the delay. Page 3 of 15 Municipality ILA (2021) 96 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 3. COUNTY further agrees that it will make for MUNICIPALITY the property tax rate calculations required by Property Code Section 26.04 (currently identified in the Section by the terms "no new revenue tax rate" and "voter -approval tax rate"), and will do so in accordance with all requirements therein. All such rate calculations will be performed using only the Texas State Comptroller's "Truth In Taxation" formulas, and at no additional cost to MUNICIPALITY. The information concerning the rate calculations described in this Article II.3 and publications will be provided to MUNICIPALITY in the form prescribed by the Comptroller of Public Accounts of the State of Texas, and as required by Property Tax Code Chapter 26. MUNICIPALITY shall be responsible for all publications as required by Chapter 26. In the event MUNICIPALITY requires early calculation based on certified estimate values, COUNTY will perform the tax rate calculations described in this Article II.3. and provide the required publications to MUNICIPALITY in the same manner as performing the tax rate calculations pursuant to the annual appraisal district reports required to be Certified on July 25 of each tax year. 4. COUNTY agrees, upon request, to offer guidance and the necessary forms for posting notices as required by Chapter 26 of the Property Tax Code if MUNICIPALITY requests such no less than 7 days in advance of the intended publication date. MUNICIPALITY must approve all calculations and notices, in the format required by COUNTY and Property Tax Code Chapter 26. The accuracy and timeliness of all required notices are the responsibility of MUNICIPALITY. COUNTY will update tax transparency databases, as required in Property Tax Code Sections 26.17(b),(5A,B),(7),(I2),(I3) and 26.17(e)(2) with applicable Truth In Taxation Page 4 of 15 Municipality ILA (2021) 97 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 worksheets and Notices. MUNICIPALITY is responsible for any other required information posted on a tax transparency database. This Agreement is subject to and the parties herein shall comply with all applicable provisions of the Property Tax Code and all other applicable Texas statutes. COUNTY will submit to MUNICIPALITY approval forms of the tax rate calculation and required notices. MUNICIPALITY must return executed approval forms to tax assessor/collector as required by law and this agreement. 5. Should MUNICIPALITY vote to increase its tax rate above the statutory voter approval limit (also known as the "rollback" or the "voter approval" rate), the required publication of notices shall be the responsibility of the MUNICIPALITY. Should MUNICIPALITY roll back the tax rate as a result of Tax Rate Election, the required publication of notices shall be the responsibility of MUNICIPALITY. 6. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to MUNICIPALITY, and to promptly furnish written reports to keep MUNICIPALITY informed of all financial information affecting it. 7. MUNICIPALITY agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the assessment and collection of taxes, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 8. COUNTY agrees to allow an audit of the tax records of MUNICIPALITY in COUNTY'S possession during normal working hours with at least 72 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished to COUNTY. Page 5 of 15 Municipality ILA (2021) 98 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the tax assessor/collector's lawful duties, will be made payable to MUNICIPALITY and in an amount determined by the governing body of MUNICIPALITY. The premium for any such bond shall be borne solely by MUNICIPALITY. 10. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent tax penalties will apply to all assessed taxes that are not paid by January 31St of the collection year. 11. COUNTY agrees that it will post to a secure website collection reports for MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily basis through September 30th of the collection year. COUNTY will provide monthly Maintenance and Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter referred to as "IS") collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 12. MUNICIPALITY retains its right to select its own delinquent tax collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by MUNICIPALITY in the collection of delinquent taxes and related activities. 13. MUNICIPALITY will provide COUNTY with notice of any change in collection attorney at least 7 days before the effective date of the new collection attorney contract. Page 6 of 15 Municipality ILA (2021) 99 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designated substitute, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. IV. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to property tax service of all COUNTY employees and agents, sub -contractors and/or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. V. MUNICIPALITY accepts responsibility for the acts, negligence, and/or omissions of all MUNICIPALITY employees and agents, sub -contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with MUNICIPALITY to the extent allowed by law. Page 7 of 15 Municipality ILA (2021) 100 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 VI. MUNICIPALITY understands and agrees that MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. VII. For the services rendered during the tax year, MUNICIPALITY agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed by October I Oth of the tax year or as soon thereafter as practical. The MUNICIPALITY must adopt its tax year tax rate on or before September 30th of the applicable tax year, if that rate does not exceed the voter - approval tax rate. MUNICIPALITY must adopt a tax rate that exceeds the voter -approval tax rate not later than the deadline set forth in Property Tax Code Section 26.05(a) and Election Code 3.005 and 41.001. In order to expedite mailing of tax statements, MUNICIPALITY shall adopt and then deliver its adopted tax rate to COUNTY no later than the applicable adoption deadline described herein. Failure by MUNICIPALITY to adopt and then deliver the adopted tax rate to COUNTY by said applicable adoption deadline may result in delay of processing and mailing MUNICIPALITY tax statements. MUNICIPALITY agrees to assume the costs for additional delayed tax statements, processing and mailing as determined by COUNTY. An additional notice will be sent Page 8 of 15 Municipality ILA (2021) 101 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 during the month of March following the initial mailing provided that MUNICIPALITY has requested such a notice on or before February 28th of the collection year. During the initial term of this Agreement, the fee for this service will be $1.00 per statement. During the first and second renewal terms of this Agreement, the fee for this service will be the per statement rate approved by Commissioners Court for the applicable tax year, provided notice of that rate is provided to MUNICIPALITY as described in Section 8 of this Article VII. In the event COUNTY does not provide MUNICIPALITY with said notice, the rate charged during the preceding term will apply. 2. At least 30 days, but no more than 60 days prior to April 1St of the collection year and following the initial mailing, a delinquent tax statement meeting the requirements of Section 33.11 of the Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 3. At least 30 days, but no more than 60 days prior to July 1St of the collection year and following the initial mailing, a delinquent tax statement meeting the requirements of Section 33.07 of the Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 4. For accounts that become delinquent on or after June 1St of the collection year, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the Property Tax Code to the owner of each parcel having delinquent taxes. 5. For accounts that become delinquent on February 1St of the tax year, COUNTY, in its sole discretion, may mail a reminder notice to the owner of each parcel having delinquent taxes not including February 33.11 notices. Page 9 of 15 Municipality ILA (2021) 102 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 6. In event of a tax rate change resulting from a rollback or tax approval election that takes place after tax bills for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a programming charge of $5,000.00. COUNTY, pursuant to Property Tax Code Section 26.07(f) or 26.0750) will mail corrected statements to the owner of each property. The fee for this service will be the same per statement rate described in Section 1 of this Article VII. When a refund is required per Property Tax Code Section 26.07(g) or 26.075(k) COUNTY will charge a $.25 processing fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in the event of a successful rollback election, will be the responsibility of the COUNTY. MUNICIPALITY will be billed for the refunds, postage and processing fees. 7. MUNICIPALITY understands and agrees that COUNTY will, no later than January 31St of the tax year, deduct from current collections of MUNICIPALITY the "Total Cost" of providing all services described in Sections 1-5 above. This "Total Cost" includes any such services that have not yet been performed at the time of deduction. During the initial term of this Agreement, the "Total Cost" of providing all services described in Sections 1-5 above shall be the total of. $1.00 (the "per parcel rate") x the total number of parcels listed on MUNICIPALITY's preceding tax year Tax Roll on September 30th of the tax year. During the first and second renewal terms of this agreement, the "per parcel rate" will be the per parcel rate approved by Commissioners Court for the applicable tax year, provided notice of that rate is provided to MUNICIPALITY as described in Sections 1 and 8 of this Article VII. In the event COUNTY does not provide MUNICIPALITY with said notice, the per parcel rate charged during the preceding term will apply. Page 10 of 15 Municipality ILA (2021) 103 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 In the event that a rollback or tax rate approval election as described in Section 6 of this Article VII takes place, COUNTY shall bill MUNICIPALITY for the applicable programming charge, check processing fees, refunds paid, and refund postage costs. MUNICIPALITY shall pay COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in Section I of this Article VII, COUNTY shall bill MUNICIPALITY for such amounts. MUNICIPALITY shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill. 8. The County Budget Office establishes collection rates annually based on a survey of actual annual costs incurred by the County in performing tax collection services. The collection rate for each tax year is approved by County Commissioners' Court, and all entities are assessed the same per parcel collection rate. Following approval of the collection rate for each tax year, COUNTY will, at least sixty (60) days prior to the expiration date of the then -current term of this Agreement, provide MUNICIPALITY with written notice of that rate. VIII. COUNTY agrees to remit all taxes, penalties, and interest collected on MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY's depositories, as designated: 1. For deposits of tax, penalties, and interest, payment shall be by wire transfer or ACH to MUNICIPALITY's depository accounts only, and segregated into the appropriate MO and IS accounts, as applicable, specified on the Direct Deposit Authorization executed between the MUNICIPALITY and COUNTY. Only in the event Page 11 of 15 Municipality ILA (2021) 104 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest be sent by mail to MUNICIPALITY. 2. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 30ffi of the collection year. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 3. In event that COUNTY experiences shortage in collections as a result of an outstanding tax debt of MUNICIPALITY, the MUNICIPALITY agrees a payment in the amount of shortage shall be made by check or ACH to COUNTY within 15 days after notification of such shortage. Failure to remit payment of shortage restricts release of collected taxes until such time as payment is remitted IX. In the event of termination, the terminating party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement during such period. X. This Agreement represents the entire agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the Page 12 of 15 Municipality ILA (2021) 105 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 governing bodies of both MUNICIPALITY and COUNTY or those authorized to sign on behalf of those governing bodies. XI. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone: 940-349-2820 MUNICIPALITY: City of Denton 215 E McKinney St Denton, TX david.gaines@cityofdenton.com 9403497100 XII. MUNICIPALITY hereby designates David Gaines to act on behalf of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the performance of all duties and obligations of MUNICIPALITY as stated in this Agreement. MUNICIPALITY's designee shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if any, Page 13 of 15 Municipality ILA (2021) 106 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. XIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in triplicate originals this, 20 Page 14 of 15 day of Municipality ILA (2021) 107 DocuSign Envelope ID: 1208F6A9-5E68-468B-910E-BB6B65369217 COUNTY Denton County Texas 110 West Hickory Denton, Texas 76201 BY: Honorable Andy Eads County Judge ATTEST: BY: Juli Luke Denton County Clerk APPROVED FORM AND CONTENT: Michelle French Tax Assessor/Collector Doc�uSign.Ie/d by: / CITY OF DENTON Chief Financial Officer Page 15 of 15 MUNICIPALITY City/Town: Street address: City, state, zip: Email: Phone: BY: Name: Title: ATTEST: BY: Name Title APPROVED AS TO FORM: Attorney Denton County Docu SS'iiIgnlIelIdwwby: bau& i38 APPROVED AS TO LEAGAL FORM: Municipality ILA (2021) 108 Certificate Of Completion Envelope Id: 1208F6A95E68468B910FBB6B65369217 Subject: Please DocuSign: City Council Contract 7773 Source Envelope: Document Pages: 16 Signatures: 2 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 7/21/2021 7:03:47 AM Signer Events Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Deputy City Attorney City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gaines David. Gaines@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/22/2021 2:15:20 PM ID:e2a3d26c-Oc8a-4cbb-a889-301a339ef318 Holder: Erica Garcia erica.garcia@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 DocuSigned by: C 8 RA 48 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 ED­�"Signed by: 488AA49F Signature Adoption: Drawn on Device Using IP Address: 198.49.140.10 DocuSign Status: Sent Envelope Originator: Erica Garcia 901 B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 7/21/2021 7:22:11 AM Viewed: 7/21/2021 7:22:20 AM Signed: 7/21/2021 7:25:56 AM Sent: 7/21/2021 7:25:59 AM Viewed: 7/21/2021 9:27:42 AM Signed: 7/21/2021 9:39:23 AM Sent: 7/21/2021 9:39:25 AM Viewed: 7/21/2021 11:07:33 AM Signed: 7/21/2021 11:28:32 AM Sent: 7/21/2021 11:28:35 AM Viewed: 7/22/2021 2:15:20 PM Signed: 7/22/2021 2:15:38 PM 109 Signer Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/21/2021 1:04:25 PM ID: 51 d 1 a73f-961 c-4c48-b58a-ae 1397dd508f In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Signature Status Status Status Status Status PIED COPIED Timestamp Sent: 7/22/2021 2:15:42 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 7/21/2021 7:25:59 AM Sent: 7/22/2021 2:15:42 PM Viewed: 7/22/2021 2:18:28 PM 110 Carbon Copy Events Status Timestamp Heather Gray heather.gray@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/21/2021 7:22:11 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 111 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: David Gaines, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. iIFIA How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 113 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 114 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1528, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., amending the contract approved by City Council on January 14, 2020, in the not -to -exceed amount of $922,800.00; amended by Amendment 1 approved by City Council; said second amendment to provide utility conflict analysis, surveying, easement acquisition, design, bidding, and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of -Way; providing for the expenditure of funds therefor; and providing an effective date (File 6590-084 - providing for an additional second amendment expenditure amount not -to -exceed $217,500.00, with the total contract amount not -to -exceed $1,305,300.00). The Public Utilities Board recommends approval (7 - 0). City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 115 1%,1001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the approval of a second amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., amending the contract approved by City Council on January 14, 2020, in the not -to -exceed amount of $922,800.00; amended by Amendment 1 approved by City Council; said second amendment to provide utility conflict analysis, surveying, easement acquisition, design, bidding, and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of -Way; providing for the expenditure of funds therefor; and providing an effective date (File 6590-084 — providing for an additional second amendment expenditure amount not -to -exceed $217,500.00, with the total contract amount not -to - exceed $1,305,300.00). The Public Utilities Board recommends approval (7 - 0). INFORMATION/BACKGROUND The Texas Department of Transportation (TxDOT) has provided the City of Denton with a Notice of Proposed Construction for Interstate Highway 35E (IH35E) between Loop 288 and Pockrus Page Road. Therefore, all qualifying professional services, easements, and construction costs are reimbursable by the State. TxDOT is in the process of acquiring right-of-way (ROW) for the I -35E widening project and is scheduled to wrap up this phase by December 2021. The TxDOT project anticipates that it will require approximately 18 months for all utilities along this segment of I -35E to be relocated. As such, the anticipated let (bid) date for construction is June 2022. TxDOT requests that all City infrastructure is relocated out of the proposed ROW prior to this date. Currently, the City's relocation is expected to be completed by the end of December 2022 and the total cost of the utility relocation project is approximately $10,800,000. Recently TxDOT notified the City of Denton of a redesigned portion of the roadway project that necessitates an additional waterline location. This additional relocation effort is expected to increase the water line relocation project by $1,719,148 with anticipating $1,654,078 of this effort will be reimbursable. Based on the qualifications, knowledge, and experience in designing projects of similar type and magnitude, staff selected Kimley-Horn and Associates, Inc. from a list of qualified consultants to perform this work. The original scope of services included preparing design, ROW support services, and construction support services with a total contract amount of $922,800. Subsequently, the contract was amended on January 12, 2021 (Ordinance 21-0109) for an additional $165,000 bringing the contract to a total not -to -exceed amount of $1,087,800.00. 116 When the original scope was developed for the design contract, it was anticipated that ROW services for approximately 25 parcels would be required, with the second amendment adding an additional ten (10) parcels. Following the TxDOT notification to the City of Denton of their redesign of the project, an additional eight (8) parcels will be added, including the replacement of an additional 1,691 linear feet of water line. The proposed amendment to the existing contract will allow Kimley-Horn and Associates, Inc. to provide property negotiation services, title closing services, and appraisal services for ten (10) additional parcels. Request for Qualifications for professional engineering services was solicited using the City's formal solicitation process. City Council approved a pre -qualified list of engineering firms on March 6, 2018, and June 5, 2018 (Ordinance 2018-331). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional engineering firms (Ordinance 2018-331). On January 14, 2020, City Council approved a contract with Kimley-Horn and Associates, Inc., in the not - to -exceed amount of $922,800 (Ordinance 20-040). On January 12, 2021, City Council approved a first amendment with Kimley-Horn and Associates, Inc., in the not -to -exceed amount of $165,000 (Ordinance 21-019). On July 26, 2021, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award Amendment No. 2 with Kimley-Horn and Associates, Inc., to provide utility conflict analysis, surveying, easement acquisition, design, bidding, and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of - Way, in a not -to -exceed amount $217,500, for a total amended contract amount of $1,305,300. PRINCIPAL PLACE OF BUSINESS Kimley-Horn and Associates, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by December 2022. FISCAL INFORMATION These services will be funded from Water Project Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Ordinance and Amendment 1 Exhibit 4: Ordinance and Amendment 2 117 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Chris Campbell, 940-349-7181. Legal point of contact: Marcella Lunn at 940-349-8333. 118 ORDINANCE NO. 20-040 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR UTILITY CONFLICT ANALYSIS, SURVEYING, EASEMENT ACQUISITION, DESIGN, BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES IN SUPPORT OF THE STATE REIMBURSABLE RELOCATION OF WATER AND WASTEWATER UTILI'I'1➢:?S WITHIN THE INTERSTATE HIGHWAY 35E RIGHT-OF-WAY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-084 PROFESSIONAL SERVICES AGREEMENT AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE NOT -TO -EXCEED AMOUNT OF $922,800). WHEREAS, on March 6, 2018, and June 5, 2018, the City Council approved a pre -qualified engineer list (Ordinance 2018-331) and the professional services provider (the "Provider") mentioned in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, the fees under the proposed contract are fair and reasonable and are consistent with, and not higher than the recommended practices and fees published by the professional associations applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is hereby authorized to enter into an agreement with Kimley-Horn and Associates, Inc., to provide professional design services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. 119 The motion to approve this ordinance was made by jo—//"/ and seconded by j -E,-,5,6 E-1 0A (LC' the ordinance was passed and approved by the following voteU— - �]: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the Aye Nay Abstain Absent y V V V/' Akk day of . ..... 2020. ........ . .. . . ........ ..... CHRIS WATTS, MAYOR ATTEST: 4 ROSA RIOS, CITY SECRETARY 40 % BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: 120 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 I CITY OF DENTON Docusign City Council Transmittal Coversheet PSA 6590-084 File Name Mayhill 135E Utility Location Purchasing Contact lane Rogers City Council Target Date January 14, 2020 Piggy Back Option Not Applicable Contract Expiration "/A Ordinance 20-040 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES #6590-084 This AGREEMENT is between the City of Denton, a Texas home -rule municipality ("CITY"), and Kimley-Horn and Associates, Inc., with its corporate office at 801 Cherry Street, Unit 11 Suite 950, Fort Worth, Texas 76102 and authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: engineering services for the design and construction phase services for the IH-35E-MAYHILL — UTILTIY- RELOCATIONS (the "PROJECT"). SECTION 1 Scope of Services A. The CITY hereby agrees to retain the ENGINEER, and the ENGINEER hereby agrees to perform, professional engineering services set forth in the Scope of Services attached hereto as Attachment A. These services shall be performed in connection with the PROJECT. B. Additional services, if any, will be requested in writing by the CITY. CITY shall not pay for any work performed by ENGINEER or its consultants, subcontractors and/or suppliers that has not been ordered in advance and in writing. It is specifically agreed that ENGINEER shall not be compensated for any additional work resulting from oral orders of any person. SECTION 2 Compensation and Term of Agreement A. The ENGINEER shall be compensated for all services provided pursuant to this AGREEMENT in an amount not to exceed $922,800 in the manner and in accordance with the fee schedule as set forth in Attachment B. Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment A. B. Unless otherwise terminated pursuant to Section 6. D. herein, this AGREEMENT shall be for a term beginning upon the effective date, as described below, and shall continue for a period which may reasonably be required for the completion of the PROJECT, until the expiration of the funds, or completion of the PROJECT and acceptance by the CITY, whichever occurs first. ENGINEER shall proceed diligently with the PROJECT to completion as described in the PROJECT schedule as set forth in Attachment A. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 1 of 17 6590-084 122 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 SECTION 3 Terms of Payment Payments to the ENGINEER will be made as follows: A. Invoice and Payment (1) The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in the PROJECT schedule as set forth in Attachment D to reasonably substantiate the invoices. (2) The ENGINEER will issue monthly invoices for all work performed under this AGREEMENT. Invoices for the uncontested performance of the particular services are due and payable within 30 days of receipt by City. (3) Upon completion of services enumerated in Section 1, the final payment of any balance for the uncontested performance of the services will be due within 30 days of receipt of the final invoice. (4) In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CITY will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. (5) If the CITY fails to make payment in full to ENGINEER for billings contested in good faith within 60 days of the amount due, the ENGINEER may, after giving 7 days' written notice to CITY, suspend services under this AGREEMENT until paid in full. In the event of suspension of services, the ENGINEER shall have no liability to CITY for delays or damages caused the CITY because of such suspension of services. SECTION 4 Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 2 of 17 6590-084 123 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 practicing in the same or similar locality and under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the AGREEMENT Documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 3 of 17 6590-084 124 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the AGREEMENT Documents, nor shall anything in the AGREEMENT Documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the AGREEMENT Documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the AGREEMENT Documents. F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 4 of 17 6590-084 125 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the AGREEMENT Documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. I. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this AGREEMENT, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this AGREEMENT. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to photocopy such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of copies at the rate published in the Texas Administrative Code in effect as of City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 5 of 17 6590-084 126 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 the time copying is performed. J. INSURANCE (1) ENGINEER'S INSURANCE a. Commercial General Liability — the ENGINEER shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $1,000,000.00 per each occurrence with a $2,000,000.00 aggregate. If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this PROJECT or location. The CITY shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless the CITY specifically approves such exclusions in writing. ii. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with this AGREEMENT. b. Business Auto — the ENGINEER shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of the PROJECT. If the engineer owns no vehicles, coverage for hired or non -owned is acceptable. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by ENGINEER pursuant to this AGREEMENT or under any applicable auto physical damage coverage. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 6 of 17 6590-084 127 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 c. Workers' Compensation — ENGINEER shall maintain workers compensation and employers liability insurance and, if necessary, commercial umbrella liability insurance with a limit of not less than $100,000.00 each accident for bodily injury by accident or $100,000.00 each employee for bodily injury by disease, with $500,000.00 policy limit. ENGINEER waives all rights against the CITY and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by ENGINEER pursuant to this AGREEMENT. d. Professional Liability — ENGINEER shall maintain professional liability, a claims -made policy, with a minimum of $1,000,000.00 per claim and aggregate. The policy shall contain a retroactive date prior to the date of the AGREEMENT or the first date of services to be performed, whichever is earlier. Coverage shall be maintained for a period of 5 years following the completion of the AGREEMENT. An annual certificate of insurance specifically referencing this PROJECT shall be submitted to the CITY for each year following completion of the AGREEMENT. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that the ENGINEER has obtained all required insurance shall be attached to this AGREEMENT prior to its execution. b. Applicable policies shall be endorsed to name the CITY an Additional Insured thereon, subject to any defense provided by the policy, as its interests may appear. The term CITY shall include its employees, officers, officials, agents, and volunteers as respects the contracted services. c. Certificate(s) of insurance shall document that insurance coverage specified in this AGREEMENT are provided under applicable policies documented thereon. d. Any failure on part of the CITY to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. e. A minimum of thirty (30) days notice of cancellation or material change in coverage shall be provided to the CITY. A ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 7 of 17 6590-084 128 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 to the respective Department Director (by name), City of Denton, 901 Texas Street, Denton, Texas 76209. f. Insurers for all policies must be authorized to do business in the State of Texas and have a minimum rating of A:V or greater, in the current A.M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. g. Any deductible or self insured retention in excess of $25,000.00 that would change or alter the requirements herein is subject to approval by the CITY in writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to the CITY. h. Applicable policies shall each be endorsed with a waiver of subrogation in favor of the CITY as respects the PROJECT. i. The CITY shall be entitled, upon its request and without incurring expense, to review the ENGINEER's insurance policies including endorsements thereto and, at the CITY's discretion; the ENGINEER may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims -made basis, shall contain a retroactive date coincident with or prior to the date of the AGREEMENT. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the PROJECT until final payment and termination of any coverage required to be maintained after final payments. The CITY shall not be responsible for the direct payment of any insurance premiums required by this AGREEMENT. m. Sub consultants and subcontractors to/of the ENGINEER shall be required by the ENGINEER to maintain the same or reasonably equivalent insurance coverage as required for the ENGINEER. When sub consultants/subcontractors maintain insurance coverage, ENGINEER shall provide CITY with documentation thereof on a certificate of insurance. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 8 of 17 6590-084 129 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 K. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. L. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this AGREEMENT and prior to final payment under the AGREEMENT. M. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. N. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this AGREEMENT which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. O. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. P. Equal Opportunity (1) Equal Employment Opportunity: ENGINEER and ENGINEER's agents City of Denton, Texas 6590-084 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 9 of 17 130 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this AGREEMENT. (2) Americans with Disabilities Act (ADA) Compliance: ENGINEER and ENGINEER's agents shall not engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. SECTION 5 Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the PROJECT schedule prepared in accordance with Attachment D. City of Denton, Texas 6590-084 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 10 of 17 131 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the PROJECT. G. Contractor Indemnification and Claims The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at Construction Site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this AGREEMENT. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 11 of 17 6590-084 132 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. CITY's Insurance (1) The CITY may maintain property insurance on certain pre-existing structures associated with the PROJECT. (2) The CITY may secure Builders Risk/Installation insurance at the replacement cost value of the PROJECT. The CITY may provide ENGINEER a copy of the policy or documentation of such on a certificate of insurance. J. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. K. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. SECTION 6 General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Denton, Texas 6590-084 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 12 of 17 133 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 C. Force Majeure The ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER that prevent ENGINEER's performance of its obligations hereunder. D. Termination (1) This AGREEMENT may be terminated: a. by the City for its convenience upon 30 days' written notice to ENGINEER. b. by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a. Cost of reproduction of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b. Out-of-pocket expenses for purchasing electronic data files and other data storage supplies or services; c. The time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all termination expenses. The CITY'S approval will be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 13 of 17 6590-084 134 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 F. Indemnification IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE ENGINEER SHALL INDEMNIFY OR HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY. G. Assignment Neither party shall assign all or any part of this AGREEMENT without the prior written consent of the other party. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Denton County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Sections 55., 6.13., 6.D., 6.F., 6.1-1., and 6.1. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY ITSELF OR ITS EMPLOYEES. City of Denton, Texas 6590-084 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 14 of 17 135 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 K. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this AGREEMENT for violations of this provision by ENGINEER. L. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2270 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the AGREEMENT. Failure to meet or maintain the requirements under this provision will be considered a material breach. M. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this AGREEMENT, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER, pursuant to Chapter 2252, is not ineligible to enter into this AGREEMENT and will not become ineligible to receive payments under this AGREEMENT by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. N. Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract City of Denton, Texas 6590-084 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 15 of 17 136 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at: https://www.ethics.state.tx.us/whatsnew/elf_info—form 1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 — Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. O. Agreement Documents This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B — Compensation Attachment C — Changes and Amendments to Standard Agreement Attachment D — Project Schedule Attachment E — Project Location Map These documents make up the AGREEMENT documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the AGREEMENT documents, the inconsistency or conflict shall be resolved by giving precedence first to the written AGREEMENT then to the AGREEMENT documents in the order in which they are listed above. City of Denton, Texas 6590-084 Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 16 of 17 137 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 Duly executed by each party's designated representative to be effective on the date subscribed by the City Manager. BY: CITY OF DENTON, TEXAS Docusigned by: TODD HILEI,,. ,.2.4, I Ivi;-, .AGER Date: 1/15/2020 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. 1Docusigned by: �V'" pu§s(t _f 22943FE13318483... Signature BY: ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. Docusigned by: GLENN C. ..E°B'5728A1C6421 SR. VICE PRESIDENT Date: 12/10/2019 water and wastewater utilities Director Title water utilities Department Date Signed: 12/10/2019 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Docusigned by: By: JU1. r.IGeenw.an� _ 7F9°328@F0204E5... ATTEST: ROSA RIOS, CITY SECRETARY Docusigned by: By: P'o,;,, Rio 1C5CA8C5E1?5493... City of Denton, Texas Standard Agreement for Engineering Related Design Services Revised Date: 9/6/18 Page 17 of 17 2019-565945 TEXAS ETHICS COMMISSION CERTIFICATE NUMBER 6590-084 138 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS ATTACHMENT "A" Scope for Engineering Design Related Services for: IH-35E-MAYHILL - UTILITY -RELOCATIONS The ENGINEER will perform its services pursuant to the requirements delineated below. Services under this attachment include engineering services for the design and construction phase services for the IH-35E-MAYHILL - UTILITY -RELOCATIONS. Proiect Understanding ENGINEER will provide engineering design services for the following tasks: The relocations of approximately 14,000 linear feet of 20 -inch through 8 -inch water main, 1,500 linear feet of 18 -inch reclaimed water line, and 500 feet of gravity sewer line from Loop 288 to Post Oak Road along the north and south frontage roads of IH -35E. The relocations are necessary due to the CSJ 0196-01-109 Mayhill Bridge and frontage road expansion planned by TxDOT. All proposed relocations will be placed back in easement, except for lines that cross IH -35E or Mayhill Road. There are approximately 1,000 linear feet of proposed trenchless bores/tunneling. ENGINEER's scope of services is as follows: IH-35E-MAYHILL - UTILITY -RELOCATIONS ■ Task 1 — Design Management ■ Task 2 — Alignment Study ■ Task 3 — Preliminary Design ■ Task 4 — Final Design ■ Task 5 — Construction Contract Documents ■ Task 6 — Bid Phase Services ■ Task 7 — Construction Phase Services ■ Task 8 — Record Drawings Preparation ■ Task 9 — Permitting ■ Task 10 — Survey and Easements ■ Task 11 — Easement Acquisition Services IH -35 - UTILITY -RELOCATIONS ■ Task 12 — Conflict Analysis City of Denton, Texas Attachment A Page 1 of 14 139 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS Task 1 DESIGN MANAGEMENT A. Project Management 1. Develop project communication plan. a. Develop project contact list. b. Prepare and e-mail progress reports to the project team once a month to be included with invoices. 24 months is assumed. c. Prepare project schedule and provide schedule updates if the schedule changes. 2. Meetings a. Prepare for and attend kickoff meeting. b. Prepare meeting notes and distribute to the City. 3. Sub -consultant Agreement Preparation a. Prepare and execute up to five (5) subconsultant agreements. Task 2 — ALIGNMENT STUDY A. Preliminary Investigation 1. Data Collection and Record Research b. Gather existing survey and topographic data c. Gather existing aerial photographs. d. Gather existing water, sanitary sewer, and storm sewer record drawings. e. Gather existing paving plans. f. Gather existing development plans. g. Gather existing plat information. h. Collect property owner and record information i. Gather existing right-of-way and easement information. j. Gather existing franchise utility record information. 2. Site Investigation a. Walk general alignment. b. Document alignment corridor with photographs. c. Identify potential alignment, conflicts and issues. 3. Data Review with City a. Meet with City to review accuracy of record information. b. Interview City staff concerning historical, existing and future City plans along the alignment. City of Denton, Texas Attachment A Page 2 of 14 140 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS B. Prepare Alternate Alignment Technical Memorandum. 1. Analysis of alternate alignments indicating merits and challenges for each, and including the following considerations: a. Easement acquisition schedule and cost impacts. b. Existing development impacts. c. Existing potential horizontal and vertical conflicts. d. Accessibility for maintenance. e. Prepare opinions of probable construction cost for each alignment. The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to ENGINEER at this time and represent only the ENGINEER's judgment as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. C. Deliverables 1. Digital .PDF copy of draft and final technical memorandum. D. Meetings 1. Conduct one (1) review meeting with City. 2. Revise memorandum based on City comments. Task 3 — PRELIMINARY DESIGN A. Design Survey 1. Utility and Property Owner Coordination a. Coordinate with DIG TESS and City of Denton to locate and mark existing franchise and public utilities prior to performing the field survey. 2. Design Survey a. The limits of the survey shall be a 100 -foot wide alignment generally along 111-35E, and along Mayhill Road as shown on the Project Location Map. There are two location of offsite alignment that will require easement along the backside of properties adjacent to I11 -35E. The topographic survey will be approximately 15,000 linear feet. b. Establish up to ten (10) horizontal control points based on the City of Denton Coordinate System using %2 -inch rebar with identifiable plastic cap, specific for this project. c. Establish a vertical control benchmark circuit tied to the City of Denton benchmark system, specific for this project, as well as tie into the TxDOT control. City of Denton, Texas Attachment A Page 3 of 14 141 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS d. Perform a field survey to identify and locate all existing topographic elements within the alignment corridor including, but not limited to, the following: i. Property pins ii. Existing pavement, curbs, sidewalks, barrier free ramps, etc. iii. Lane Striping (where applicable) iv. Driveways v. Existing storm sewer inlets, manholes, junction boxes, outfalls, and erosion control vi. Culverts and bridges vii. Guardrail viii. Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities ix. Traffic signal poles, cabinets, and other signal equipment x. Signs (excluding temporary signs) xi. Trees, 6 -inch caliper and up (center of trunk as well as dripline) xii. Buildings xiii. Retaining walls xiv. Fence limits and material types xv. Other applicable physical features that could impact design: a) Field ties to the existing edge of pavement on Mayhill Road and Interstate Hwy 35. b) Field sketches of utility manholes and structures. c) Prepare a final topographic drawings in a digital format (including one -foot contours and breaklines) showing the features located in the field as well as right-of-way strip map information, an ASCII coordinate file of the points located in the field, and a hard copy of the coordinates and feature descriptions. B. Geotechnical Engineering 1. Perform a geotechnical analysis of the alignment utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding design parameters. The analysis shall include the following: a. Subsurface exploration including up to ten (10) sample bores varying 30 feet depending upon location. b. Laboratory tests for classification purposes and strength characteristics. c. Engineering services that address the following: City of Denton, Texas Attachment A Page 4 of 14 iCFIA DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS i. soil and groundwater conditions ii. Comments on general excavatability of soils and shale encountered iii. Recommendations for pipe installation, including bedding and backfill iv. Recommendations for tunneling operations 2. A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data as well as analyses and recommendations. Three (3) copies of the report will be provided by the geotechnical engineer, with one (1) copy going to the City. The data contained in the geotechnical report will be made available to contractors during the bidding process for informational purposes. C. Subsurface Utility Engineering (SUE) Level A investigation of existing water line connection point, and potential crossing utilities. The Level A investigation shall consist of performing up to four (4) level A testholes or "locates" of existing utilities. The Level A investigation will be conducted in accordance with ASCE publication Cl/ASCE 38-02 and include the location of said utility in three dimensions obtained through non-destructive geophysical methods. D. Preliminary Water Line Design 1. Visit the site to perform field verification of the survey. 2. Preliminary plan and profile drawings preparation for approximately 8,000 linear feet of 20 -inch water line, 1,500 linear feet of 12 -inch water line, 3,800 linear feet of 8 -inch water line, 500 feet of gravity sanitary sewer, and 1,500 linear feet of 18 -inch reclaimed water line. a. Prepare (22"04") plan and profile drawings at 1 "=20' horizontal and 1"=8' vertical scale. b. Plan view of the base map shall have all above ground features shown and clearly labeled along with existing utilities based on field ties and record information. c. Plan view shall include design notes for stationing, size, slope, pipe material, embedment, length and construction method. d. Profile view shall include design notes for stationing, size, slope, flow - line of pipe, pipe material, embedment, length and construction method. e. Prepare preliminary water line details, including connection details. f. Design tunnels/bores including casing/tunnel liner plate minimum thickness and inside diameter, shafts, allowable methods, control of ground water, and appropriate tolerances with the chosen method. g. Perform one (1) site visit to verify preliminary design. 3. Preliminary Traffic Control and Detour Plan Preparation. City of Denton, Texas Attachment A Page 5 of 14 143 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS a. City and TxDOT typical traffic control details will be included as required. 4. Franchise Utility Coordination a. Provide one set of drawings to each franchise utility encountered for their review. Request each franchise to mark up the drawings to show the size, type, and location of their utilities. b. Coordinate with franchise utilities if any relocations are required. Notify City if any relocations will be required. 5. Prepare preliminary general notes and details, including City Standard Details where applicable. 6. Prepare preliminary technical specifications utilizing City Standard Specifications, and any special specifications. 7. Compile and prepare an updated opinion of probable construction cost for the entire project using recent average unit bid prices which are representative of similar types of construction in the local area. a. The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to ENGINEER at this time and represent only the ENGINEER's judgment as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. E. Deliverables 1. Preliminary design submittal (60%) a. Submit four (4) copies to City for review and comment. b. Submittal shall include the following: i. Preliminary design plans (22"04") ii. Preliminary technical specifications iii. Opinion of probable construction cost F. Meetings 1. Attend one (1) meeting with City to kick-off preliminary design. 2. Attend one (1) meeting with City on-site prior to submittal of preliminary plans, if required. 3. Attend one (1) meeting with City to present and review the preliminary design submittal City of Denton, Texas Attachment A Page 6 of 14 144 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS Task 4 — FINAL DESIGN A. Easement Preparation 1. Upon receiving approval of 60% design drawings, ENGINEER will prepare up to thirty-five (3 5) permanent water line easements and up to thirty-five (3 5) temporary construction easements (which may be shown on the permanent easement document). 2. Easement instruments will consist of metes and bounds descriptions and exhibits. B. Final Design 1. Incorporate the preliminary design submittal review comments (one (1) round of comments is anticipated in proposed effort). 2. Prepare updated opinion of probable construction cost. a. The ENGINEER has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to ENGINEER at this time and represent only the ENGINEER's judgment as a design professional familiar with the construction industry. The ENGINEER cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. 3. Incorporate franchise utility investigation information 4. Incorporate details and technical specifications. 5. Prepare surface repair sheets and details as necessary. 6. Prepare final abandonment layout sheet and letter for TxDOT submittal. 7. Prepare Project Manual using City Standard Construction Contract Documents. C. Deliverables: 1. Final Design Submittal (95%) a. Submit four (4) copies to the City for review and comment. b. Submittal shall include the following: i. Final design drawings ii. Final design project manual iii. Opinion of probable construction cost D. Meetings 1. One (1) meeting with City to review Final Design Submittal. City of Denton, Texas Attachment A Page 7 of 14 145 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS Task 5 — CONSTRUCTION CONTRACT DOCUMENTS A. Bidding Construction Contract Documents 1. Incorporate City comments from 95% design submittal and prepare construction contract documents, bid plans, and opinion of probable construction cost. 2. Construction contract documents will consist of the final plans and project manual, both signed and sealed by a licensed professional engineer in the State of Texas and in accordance with comments provided by the City during final design. B. Deliverables: 1. Construction Contract Documents Submittal a. Submit four (4) copies to the City for bidding. b. Submittal shall include the following: i. Bid drawings ii. Bid project manual iii. Opinion of probable construction cost Task 6 — BID PHASE SERVICES A. Bid Phase Services I . Provide electronic bid documents to the City purchasing department for bidding. 2. Provide the Notice to Bidders to the City for publication. The City will be responsible for publication of the notice. The City will be responsible for distribution of the bidding documents to prospective contractors, suppliers and plan rooms. 3. The following assistance will be provided to the City during the bidding phase: a. Preparation of addenda and delivery to City for distribution to plans holders. b. Responses to questions submitted by plans holders. c. Attend bid opening facilitated by City. d. Preparation of bid tabulation. e. Preparation of recommendation of award letter. 4. Conformance plans and specifications a. Based on potential questions and addenda from the bidding phase, prepare conformance set of plans and specifications to be used during construction. i. Provide up to four (4) sets to City for execution. City of Denton, Texas Attachment A Page 8 of 14 146 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS Task 7 — CONSTRUCTION PHASE SERVICES A. Construction Phase Services 1. Pre -Construction Conference a. Prepare for and attend a pre -construction conference prior to commencement of Work at the Site 2. Site Visits a. Visit the construction site up to twelve (12) times during construction to perform construction observation. 12 months construction time is assumed. b. Site Visits are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgement. c. Based on information obtained during site visits, ENGINEER will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and ENGINEER will keep CITY informed of the general progress of the work. 3. Recommendations with Respect to Defective Work a. Provide recommendations to City that Contractor's work be disapproved and rejected while it is in progress if, on the basis of site visit evaluations, ENGINEER believes such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Notwithstanding the foregoing, the City reserves the right to disapprove or reject Contractor's work without a recommendation from the ENGINEER. 4. Clarifications and Interpretations a. Issue necessary clarifications and interpretations of the Contract Documents to City as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field orders authorizing variations from the requirements of the Contract Documents will be made by City. 5. Change Orders a. Recommend change orders to City, as appropriate. b. Review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Shop Drawings and Samples a. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to City of Denton, Texas Attachment A Page 9 of 14 147 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 7. Substitutes and "or -equal" a. Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. b. Provide recommendations to City 8. Inspections and Tests a. Review certificates of inspections and tests within ENGINEER's area of responsibility for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINER will be entitled to rely on the results of such tests and facts being certified. The scope of services assumes the pumps and motors will go through a non -witnessed factory test. Attending testing will be considered additional services. 9. Disagreements between City and Contractor a. As necessary, ENGINEER will, with reasonable promptness, render initial written decision on all claims of City and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of the Contractor's work. In rendering such decisions, ENGINEER will be fair and not show partiality to City or Contractor and will not be liable in connection with any decision rendered in good faith in such capacity. The initial decision of the ENGINEER shall be required as a condition precedent to mediation or litigation of any claim arising prior to the date final payment is due to the Contractor, unless thirty (30) days have passed after a claim has been referred to the ENGINEER with no decision having been rendered. 10. Final Walkthrough and Punchlist Preparation a. Attend final walkthrough with Contractor and City to determine if the completed work of Contractor is generally in accordance with the Contract Documents. i. Limitation of Responsibilities: The ENGINEER will not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual entity performing or furnishing the work. ENGINEER will not have the authority or responsibility to stop the work of any Contractor. City of Denton, Texas Attachment A Page 10 of 14 148 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS b. Compile punch list from information gathered during final walkthrough with City and Contractor. Task 8 — RECORD DRAWINGS A. Record Drawings 1. Obtain and review comments and field changes on the construction plans from City and Contractor. 2. Prepare record drawings based on comments and field changes. The ENGINEER will not be providing resident engineering services and will not be observing on a full-time basis, and will therefore not seal the record drawings. The record drawings will be provided in the following format: a. (1) Mylar hardcopy full-size (22"x34") b. PDF electronic copy Task 9 — PERMITTING A. Permitting 1. The City will be responsible for administration of TxDOT UIR permits. The ENGINEER will prepare exhibits for permit submittal. 2. The ENGINEER will aid the City in coordinating the Utility Agreement (U-35) with TxDOT and prepare reimbursement invoices as necessary. This also includes providing betterment calculations and coordination efforts with TxDOT, and their designated Utility Coordinator. Task 10 — SURVEY AND EASEMENTS A. Survey and Easements 1. See components of Task 3 and Task 4. Task 11— EASEMENT ACQUISTION SERVICES A. Easement Acquisition Services ENGINEER will perform the following services for this task: Provide appraisals for proposed easements on up to twenty-five (25) parcels for the proposed lines. Appraisals will be approved by the City prior to beginning negotiations with property owners. The appraisals will be prepared by State Certified Appraisers in accordance with the Uniform Standards of Professional Appraisal Practice Act (USPAP). The appraisals will be suitable for use in condemnation proceedings, if necessary. City of Denton, Texas Attachment A Page 11 of 14 149 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS 2. Provide property negotiation services for up to twenty-five (25) parcels for the proposed line as follows: The offer to purchase the properties will be based on the appraisals as indicated above. The City will establish the value to be used in negotiation and the range of negotiating authority to be given to the right-of-way agent. ENGINEER's Real Estate Agent will provide the services of qualified right-of-way agents to secure the required right-of-way for the project. The right-of-way agents will provide each property owner a copy of The Texas Landowner Bill of Rights, but will NOT be required to provide negotiation services under the Uniform Relocation and Acquisition Act (Uniform Act). 4. ENGINEER's Real Estate Agent will negotiate on behalf of the City and utilize conveyance documents and other necessary forms as prescribed by the City. ENGINEER's Real Estate Agent will provide a good faith effort to acquire the rights-of-way through a negotiation process, which will generally consist of three (3) contacts with the property owner, or his authorized representative. A maximum of five (5) total contacts will be provided to reach an agreement with the property owner, or to determine that further negotiations will be non- productive and that eminent domain actions will be necessary to acquire the property. If absentee owners are involved, the negotiations may be conducted via telephone, fax, or by mail. If the schedule for acquisition of the right-of-way or other factors arise, which make it expedient, travel outside the project area to meet with the absentee owners may be desirable. If such events arise, the travel must be specifically authorized by the City. If such travel is authorized, the expenses involved, including the agent's services, will be considered additional services. 5. The initial offer made to the property owner will be based on the value authorized by the City. All counter-offers by the property owner, along with ENGINEER's Real Estate Agent recommendations will be presented to the City for consideration. The City must establish and recommend such counter offers before ENGINEER's Real Estate Agent will be authorized to agree to the requested changes. All monetary offers made to the property owners will be within the limits authorized by the City in the various stages of the negotiation. 6. After reaching an agreement with the landowner on the consideration and all other terms of the transaction, ENGINEER's Real Estate Agent will forward to the City a Memorandum of Agreement (M/A) executed by the property owner to be ratified by the City. This M/A sets forth the compensation and any other terms and conditions agreed upon. The City will be responsible for obtaining the City's ratification and for returning the ratified M/A to ENGINEER's Real Estate Agent. ENGINEER's Real Estate Agent will then inform the Title Company that the parcel is ready for closing. 7. ENGINEER's Real Estate Agent will coordinate contacts with the CITY to deliver any payments to the Title Company prior to closing. 8. This Scope of Services assumes that costs for Title Commitments, Title Policies and recording fees will be purchased by the City through the assistance of the Real Estate Agent. The amount paid for the Title Policies will not exceed premium amounts set by the Texas Department of Insurance and agreed upon in advance between the City and the Title Company. Any additional Title Company services such as recording fees shall be agreed upon in advance City of Denton, Texas Attachment A Page 12 of 14 150 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS between the City and the Title Company. ENGINEER's Real Estate Agent will review liens or other exceptions reported in the Title Commitment. ENGINEER will coordinate the location and the effect of any utility easements. ENGINEER will report the results of the Title Commitment to the City, recommending the disposition of the exceptions. The decision whether the reported exceptions are acceptable or must be eliminated will be the responsibility of the City. Any action required to clear title is not included in the Scope of Work for this project, and if required, will be considered Additional Services. 9. ENGINEER's Real Estate Agent will coordinate and attend all closings at the Title Company. 10. ENGINEER's Real Estate Agent will confirm that the Title Company records all documents at the Denton County Courthouse after closing. 11. ENGINEER's Real Estate Agent will confirm that the Title Company forwards copies of all recorded documents to the City. Task 12 — CONFLICT ANALYSIS A. Conflict Analysis a. I-35 (from I-35E/I-35W split to Denton County Line) Schematic Review: Review proposed TxDOT ROW maps and proposed roadway alignment schematics as compared to the existing CITY water and sanitary sewer maps. Identify potential conflicts between proposed TxDOT ROW, proposed roadway, water and sanitary sewer utilities. b. Site Visits to Conflict Areas: After conflict identification, perform site visit to obtain additional information not shown on maps and schematics. c. Coordination with CITY regarding conflicts between the future roadway infrastructure and the CITY's water and sanitary sewer infrastructure that creates a service interruption that the CITY deems not in their best interest therefore warranting a potential realignment of the roadway to avoid the conflict with the water and/or sanitary sewer infrastructure. d. Coordination with TxDOT regarding conflicts between the future roadway infrastructure and the CITY's water and sanitary sewer infrastructure that creates a service interruption that the CITY deems not in their best interest therefore warranting a potential realignment of the roadway to avoid the conflict with the water and/or sanitary sewer infrastructure. B. Deliverables: a. Meeting notes and action items for each attending party from the coordination efforts. b. Conceptual map identifying conflicts and conceptual OPCC. City of Denton, Texas Attachment A Page 13 of 14 151 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT A DESIGN SERVICES FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES City and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the City's written request. Any additional amounts paid to ENGINEER as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These additional services include, but are not limited to the following: • Redesign to reflect project scope changes requested by the CITY or TxDOT, required to address changed conditions or change in direction previously approved by the CITY, mandated by changing governmental laws, or necessitated by the CITY's acceptance of substitutions proposed by the contractor. • Additional Construction Site Visits • Additional Construction Shop Drawing and Sample Review and Comment • Additional Traffic Control Plan Details • Traffic signal design • Sidewalk design • Design of any offsite drainage improvements beyond the improvements identified in the scope • Preparation for and attendance at public meetings • Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified above. • Negotiation of temporary right -of -entries. • Services related to disputes over bid protests, bid rejection, and re -bidding of the contract for construction. • Construction management and inspection services. • Performance of materials or specialty testing services. • Services necessary due to default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement, and inspection after final completion. • Services related to Survey Construction Staking. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. • Retaining wall design • "Value engineering"' after bidding • Traffic studies or reports • SWPPP inspections / coordination • Any services not listed in the Scope of Services City of Denton, Texas Attachment A Page 14 of 14 152 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT B COMPENSATION FOR IH-35E-MAYHILL - UTILITY -RELOCATIONS ATTACHMENT "B" Compensation for Engineering Design Related Services for: IH-35E-MAYHILL - UTILITY -RELOCATIONS Total compensation for the ENGINEER contemplated under the terms of this agreement shall be a total not -to -exceed $922,800 for all services including reimbursable expenses. The CITY shall compensate the ENGINEER as follows: For Tasks 1-12 the total compensation shall be on a reimbursable (hourly) basis and not to exceed $922,800. Progress payments for shall be paid monthly based on the actual work satisfactorily completed per month in each phase, with the following amounts of the total compensation for each phase of the Project: • Task 1 — Design Management $46,700 • Task 2 — Alignment Study $51,400 • Task 3 — Preliminary Design $171,000 • Task 4 — Final Design $79,500 • Task 5 — Construction Contract Documents $14,500 • Task 6 — Bid Phase Services $18,700 • Task 7 — Construction Phase Services $61,900 • Task 8 — Record Drawings Preparation $10,100 • Task 9 — Permitting $26,600 • Task 10 — Survey and Easements $130,200 • Task 11 — Easement Acquisition Services $277,200 • Task 12 — Conflict Analysis $35,000 Grand Total $922,800 ENGINEER will not exceed the total maximum labor fee shown without authorization from the CITY. Individual task amounts are provided for budgeting purposes only. ENGINEER reserves the right to reallocate amounts among tasks as necessary. Labor fee will be billed on an hourly basis according to our then -current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the CITY. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. City of Denton, Texas Attachment B Page 1 of 1 153 DocuSign Envelope ID: 532E6BC9-1D7D-42AF-AA55-CB7DFCOB6CD2 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for IH-35E-MAYHILL - UTILITY -RELOCATIONS No modifications to the Standard Agreement are necessary for this project. City of Denton, Texas Page 1 of 1 154 1 155 0 O m r Q--------------------------------------------------------------------_-_-_-_-_-_-_-_-_-_-_-_---------- z u O m a E E y y s 0 � � f f i.r Ns U O .Wa w �w Fy -J v E .7 :) r y 6 LU z .`s V o f v x N m N < a w w wp Ma � x � ♦ o Z m E LU � c w -21 - 2 ' � Q Q � R& �gi R � R R R R M RS� A R R M A�i d e 4 R 3 s 8 a a M `! a s o a a a a a a a a C a 3 n H '9 -- a a e `� a a EP M a a m M r y 'a a� a � � yo � m m 3 — 3 3 9 ; m ♦. � � 3 m 3 a �c ♦. m �� �c a 3`. � ♦. 3 u, u, m a. '� c A A A 3 N m ♦. ♦. � 3`. a. 3 �. � 'T0 a. 3 3 3 S", m a m 3 ♦. N T N E 3 - 0 � `3 m W � o E E ¢ ffi m rc, ? 5 m z E E K K E m (7 U a .� m K U 8 m_ z U K— (7 U m 0 K U Z O W� Q 3 O U c$7 � N a y LL U LL gN ao 155 � _ G � _ � Q • � � ¢mac, fret! 1��~• � `�° pas OceamW' [}r `° ;- I P ry mds Rd ui Q IL l - ".,� , Std $O= _ • .� � o �;�� �c�,aof Rc ate _ } Harvard Dr ! s;' ti " t �. + �, u z _t �•� �Ifiramar Dr Drexel Dr a _ r `n 1 u, aplspooh, C,:; `o u� ptainslep Ai f' S Uj rnainpoagn QV a J* f1 3 .@ • Shiloh Rd i Sjey�.. j❑ aKelaan❑ hM� i ally Qtttowa aoT [ea j❑ LjiDAS jJ2c c i� 8l•n _. 5a9 _ U-1 WISH , JP Gr Pennsylvania Dr ' • _ � 0 3SadoN� - .. DocuSign Envelope ID: 532E6BC9-lD7D-42AF-AA55-CB7DFCOB6CD2 Exhibit CIQ CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Ki ml ey-Horn and Associates, Inc. 2 El Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 1 Name of local government officer about whom the information in this section is being disclosed. NA Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? F—x] Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes = No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? F—x] Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. NA 4 ❑I have no Conflict of Interest to disclose. $ �ocu5igned by: 12/10/2019 v E0B'5720A1C8421... business with the governmental entity Date 157 Certificate Of Completion Envelope Id: 532E6BC91 D7D42AFAA55CB7DFCOB6CD2 Subject: Please DocuSign: City Council Contract 6590-084 Mayhill 135E Utitliy Locations Source Envelope: Document Pages: 37 Signatures: 6 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 12/2/2019 3:46:16 PM Signer Events Monisa Rogers monisa.rogers@cityofdenton.com Senior Buyer City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Glenn Gary glenn.gary@kimley-horn.com Sr. Vice Presedent Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/5/2017 7:31:56 AM ID: a4d44695-81cf-49e7-97f6-7553e995f64a Holder: Monisa Rogers Monisa.Rogers@cityofdenton.com Signature Completed Using IP Address: 129.120.6.150 Lti"8 Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 �oaus�nee by: 11 t4�i Fe A� .A+l 7F90326BF0204E5... Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 om'sy��d by Er 64 ASC Signature Adoption: Pre -selected Style Using IP Address: 165.225.34.227 Docu -!F� i ■ SECURED Status: Completed Envelope Originator: Monisa Rogers 901 B Texas Street Denton, TX 76209 Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 12/2/2019 3:52:01 PM Viewed: 12/2/2019 3:52:12 PM Signed: 12/2/2019 3:55:45 PM Sent: 12/2/2019 3:55:48 PM Viewed: 12/2/2019 4:19:19 PM Signed: 12/2/2019 4:25:59 PM Sent: 12/2/2019 4:26:02 PM Viewed: 12/4/2019 10:31:24 AM Signed: 12/4/2019 10:33:56 AM Sent: 12/4/2019 10:33:58 AM Resent: 12/4/2019 8:23:08 PM Resent: 12/5/2019 8:47:42 AM Resent: 12/6/2019 9:53:03 AM Resent: 12/10/2019 1:52:08 PM Viewed: 12/4/2019 10:41:54 AM Signed: 12/10/2019 1:58:36 PM 158 Signer Events Frank Pugsley frank.pugsley@cityofdenton.com Water and Wastewater Utilities Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/10/2019 2:06:17 PM ID:a3671544-6579-42d9-993c-4ef893f8d842 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd. Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/15/2020 1:41:44 PM ID:e2dc406d-5b28-4cdb-9e71-58fac43e8c97 In ❑erson Signer Events Editor Deliver❑ Events ❑gent Deliver❑ Events Chtermediar❑ Deliver❑ Events Certi fled Deliver❑ Events CarCon Cop❑ Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Signature ED—Sig-d by! 229CWE13318483... Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 Completed Using IP Address: 129.120.6.150 II o��s��en ny. anec7l,eaooas4.a... Signature Adoption: Pre -selected Style Using IP Address: 47.190.47.120 Signed using mobile Rees RI" 1CKAK5E175493... Signature Adoption: Pre -selected Style Using IP Address: 129.120.6.150 Signature Status Status Status Status Status COPIED Timestamp Sent: 12/10/2019 1:58:39 PM Viewed: 12/10/2019 2:06:18 PM Signed: 12/10/2019 2:06:31 PM Sent: 12/10/2019 2:06:34 PM Viewed: 1/15/2020 11:21:08 AM Signed: 1/15/2020 11:21:16 AM Sent: 1/15/2020 11:21:20 AM Viewed: 1/15/2020 11:22:54 AM Signed: 1/15/2020 11:23:01 AM Sent: 1/15/2020 11:23:06 AM Viewed: 1/15/2020 1:41:44 PM Signed: 1/15/2020 1:42:19 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 12/2/2019 3:55:47 PM 159 CarCon Cop❑ Events Status Not Offered via DocuSign Sherri Thurman COP E D sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson � PI E D jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tracy Holt � PI E D tracy.holt@cityofdenton.com Administrative Assistant City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign John Atkins COP E D john.atkins@kimley-horn.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Timestamp Sent: 12/10/2019 2:06:34 PM Sent: 1/15/2020 11:23:05 AM Sent: 1/15/2020 1:42:23 PM Viewed: 1/15/2020 3:27:22 PM Sent: 1/15/2020 1:42:25 PM Viewed: 1/15/2020 1:45:23 PM ❑ itness Events Signature Timestamp ❑otar❑ Events Signature Timestamp Envelope Summar❑ Events Status Timestamps Envelope Sent Hashed/Encrypted 1/15/2020 1:42:25 PM Certified Delivered Security Checked 1/15/2020 1:42:25 PM Signing Complete Security Checked 1/15/2020 1:42:25 PM Completed Security Checked 1/15/2020 1:42:25 PM ❑alrtent Events Status Timestamps Electronic Record and Signature Disclosure 160 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Glenn Gary, Frank Pugsley, Todd Hileman, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 161 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 162 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 163 ORDINANCE NO. 21-019 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JANUARY 14, 2020, IN THE NOT -TO -EXCEED AMOUNT OF $922,800.00; SAID FIRST AMENDMENT TO PROVIDE ADDITIONAL UTILITY CONFLICT ANALYSIS, SURVEYING, EASEMENT ACQUISITION, DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES IN SUPPORT OF THE STATE REIMBURSABLE RELOCATION OF WATER AND WASTEWATER UTILITIES WITHIN THE INTERSTATE HIGHWAY 35E RIGHT-OF-WAY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-084 - PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $165,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $1,087,800.00). WHEREAS, on January 14, 2020, by Ordinance No. 20-040, the City awarded a contract to Kimley-Horn and Associates, Inc. in the amount of $922,800.00 to provide for utility conflict analysis, surveying, easement acquisition, design, bidding, and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of -Way; and WHEREAS, the additional fees under the proposed First Amendment are fair and reasonable and are consistent with and not higher than the recommended practices and fees applicable to the Provider's profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Kimley-Horn and Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Sixty -Five Thousand and 00/100 ($165,000.00) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $1,087,800.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by ?c. j C., i Y ze- and seconded by `�ohr \ l c. h , the ordinance was passed and approved by the following vote r - 01: 164 Mayor Gerard Hudspeth: Birdia Johnson, District 1: Connie Baker, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay Abstain Absent PASSED AND APPROVED this the day of �c, ryc�y� , 2021. ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Digitally signed by Marcella Lunn DN: dncom, dc=cityoWenton, cl–codad, ou=Department Users and Groups, BY. . . =General Government—Legal, _ Marcella Lunn, Date: 2021.01.06 10.'47-.07-06'00' GERARD hU15SPETH, MAYOR 165 DocuSign Envelope ID: 22D2B370-845D-44DD-B151-E2B17C54F022 I CITY OF DENTON Docusign City Council Transmittal Coversheet PSA 6590-084 File Name MAYHILL 135E UTILITY LOCATION Purchasing Contact Crystal Westbrook City Council Target Date 7anuary 12, 2021 Piggy Back Option Not Applicable Contract Expiration NSA Ordinance 21-019 DocuSign Envelope ID: 22D2B370-845D-44DD-8151-E2B17C54F022 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES, INC. Contract #6590-084 THE STATE OF TEXAS COUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 6590-084 ("Amendment") by and between the City of Denton, Texas ("City") and Kimley-Horn and Associates, Inc., ("Engineer"); to that certain contract executed on January 15, 2020, in the original not -to - exceed amount of $922,800 (the "Agreement"); for services related to the I11-35E-Mayhill- Utility Relocations. WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not -to -exceed amount $165,000 with this Amendment for an aggregate not -to -exceed amount of $1,087,800; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Engineer to the City; NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the "Parties"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Exhibit "A" of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the IH-35E-Mayhill-Utility Relocations, are hereby authorized to be performed by Engineer. For and in consideration of the additional services to be performed by Engineer, the City agrees to pay, based on the cost estimate detail attached as Exhibit "A", a total fee, including reimbursement for non -labor expenses an amount not to exceed $165,000. 2. This Amendment modifies the Agreement amount to provide an additional $165,000 for the additional services with a revised aggregate not to exceed total of $1,087,800. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. 6590-084 — Amendment #1 Page 1 of 2 167 DocuSign Envelope ID: 22D2B370-845D-44DD-8151-E2B17C54F022 IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date 01/12/2021 "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation ned by: By:P�jy— CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY DocuSigned by: By: 1Z~ R,;.4 ET75 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: -'uWaAA. IVW j 136F33iso 08 SIGNATURE Terrance Naulty PRINTED NAME Interim Director water/wastewater TITLE water/wastewater utilities DEPARTMENT "Engineer" KIMLEY-HORN AND ASSOCIATES, INC. cuSigned by: By:rr;4. Sr. vice Precedent AU IGNATURE, TITLE APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSigned by: TDU63Z7EdE3... 6590-084 — Amendment #1 Page 2 of 2 168 DocuSign Envelope ID: 22D2B370-845D-44DD-B151-E2B17C54F022 EXHIBIT A AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: IH-35E-MAYHILL - UTILITY -RELOCATIONS Amendment Scope of Services Scope of Services The CITY has requested that the ENGINEER perform additional services including additional property acquisition services. Task 11 — Easement Acquisition Services ENGINEER will provide technical assistance to the Real Estate Agent during property negotiations for up to thirty (30) hours. ENGINEER's Real Estate Agent will provide the following additional services in accordance with the Original Contract: • Provide property negotiation services, title closing services, and appraisal services for an additional (10) parcels for the proposed line in accordance with the previously agreed to scope under Task I I.A. • Engage an independent Appraisal Reviewer to submit an Appraisal Review to accompany any appraisal completed for up thirty-five (35) parcels according to Task 11.A.1. Compensation Previous Task 11 Amount: Real Estate Agent Service Items Anticipated Units/Parcels Unit/Parcel Rate Fee Amount Right -of -Entries 25 $880.00 $22,000.00 Title and Closing Services 25 $550.00 $13,750.00 Negotiation Services 25 $4,950.00 $123,750.00 Appraisal Service Land Only) 20 $4,180.00 $83,600.00 Appraisal Service (Improved Property) 5 $6,820.00 $34,100.00 TOTAL FEE $277,200.00 Revised Task 11 Amount: Real Estate Agent Service Items Anticipated Units/Parcels Unit/Parcel Rate Fee Amount Right -of -Entries 25 $880.00 $22,000.00 Title and Closing Services 35 $550.00 $19,250.00 Negotiation Services 35 $4,950.00 $173,250.00 Appraisal Service Land Only) 30 $4,180.00 $125,400.00 Amendment No. 1 IH-35E-MAYHILL - UTILITY -RELOCATIONS October 8, 2020 I of 2 169 DocuSign Envelope ID: 22D2B370-845D-44DD-B151-E2B17C54F022 Appraisal Service (Improved Property) 5 $6,820.00 $34,100.00 Appraisal Service (Independent Review 35 $1,760.00 $61,600.00 Engineer Assistance 30 $220.00 $6,600.00 Revised TOTAL FEE $442,200.00 The additional services described above will be accommodated by increasing the contract amount by $165,00. The following table summarizes the revised contract amount: Task Original Contract Amendment No.1 Revised Contract Task 1 —Design Management $46,700 - $46,700 Task 2 —Alignment Study $51,400 - $51,400 Task 3 — Preliminary Design $171,000 - $171,000 Task 4 — Final Design $79,500 - $79,500 Task 5 — Construction Contract Documents $14,500 - $14,500 Task 6 — Bid Phase Set -vices $18,700 - $18,700 Task 7 — Construction Phase Services $61,900 - $61,900 Task 8 — Record Drawings Preparation $10,100 - $10,100 Task 9 — Permitting $26,600 - $26,600 Task 10 — Sutvey and Easements $130,200 - $130,200 Task 11 —Easement Acquisition Services $277,200 $165,000 $442,200 Task 12 — Conflict Analysis $35,000 - $35,000 Totals: 1 $922,800 $165,000 1 $1,087,800 Duly executed by each party's designated representative to be effective on the date subscribed by the CITY. BY: CITY OF DENTON, TEXAS Title: Date: Amendment No. I III-35E-MAYIIILL - UTILITY -RELOCATIONS BY: ENGINEER Kitnley%Horn and Associates, Inc / 1el— Title: Glenn Gary. Senior Vice President Date: .0 October 8, 2020 2 of 2 170 Certificate Of Completion Envelope Id: 22D2B370845D44DDB151 E2B17C54F022 Subject: Please DocuSign: City Council Contract 6590-084--Mayhill 135E 1 st Amendment Source Envelope: Document Pages: 5 Signatures: 5 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 11/19/2020 8:48:02 AM Signer Events Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/20/2020 2:28:12 PM ID:1e7aa5cc-a1cf-4f94-8cdc-04ff19514cc9 Glenn Gary glenn.gary@kimley-horn.com Sr. Vice Presedent Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/5/2017 7:31:56 AM ID: a4d44695-81cf-49e7-97f6-7553e995f64a Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 ED A'"o�'c''u�'Sri,`gI`n^e�d,"�'by:�I/1'',"1",,`'1",,`' ozos 0oD427E4E5 Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 CD—Signed by B All C6 Signature Adoption: Pre -selected Style Using IP Address: 96.40.58.75 Docu5�". 6 S E C U R E 6 Status: Completed Envelope Originator: Crystal Westbrook 901 B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 11/20/2020 9:33:55 AM Viewed: 11/20/2020 9:34:34 AM Signed: 11/20/2020 9:35:29 AM Sent: 11/20/2020 9:35:31 AM Viewed: 11/20/2020 9:39:02 AM Signed: 11/20/2020 9:39:27 AM Sent: 11/20/2020 9:39:28 AM Viewed: 11/20/2020 2:28:12 PM Signed: 11/20/2020 2:29:11 PM Sent: 11/20/2020 2:29:13 PM Resent: 12/10/2020 5:02:48 PM Viewed: 12/10/2020 5:04:09 PM Signed: 12/10/2020 5:36:44 PM 171 Signer Events Terrance Naulty terrance.naulty@cityofdenton.com Interim Director Water/Wastewater City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd. Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b 1 f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/13/2021 11:45:24 AM ID:22749ea1-4efb-4007-a381-3fd7702e6ebe In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature EID—Signed by: cvratnu Naul� BU331381089478... Signature Adoption: Pre -selected Style Using IP Address: 174.197.79.69 Signed using mobile Completed Using IP Address: 198.49.140.104 ED ... Sig"edLL Iby: �Q�Q� C1lU,wtAAA, B776C711BAOD454... Signature Adoption: Pre -selected Style Using IP Address: 107.77.200.71 Signed using mobile ERDocuSigned by: R." 1C5CA8C5E175493... Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.10 Signature Status Status Status Status Status PIED Timestamp Sent: 12/10/2020 5:36:47 PM Viewed: 12/10/2020 5:41:19 PM Signed: 12/10/2020 5:42:59 PM Sent: 12/10/2020 5:43:01 PM Viewed: 1/13/2021 8:18:42 AM Signed: 1/13/2021 8:18:53 AM Sent: 1/13/2021 8:18:56 AM Viewed: 1/13/2021 9:22:54 AM Signed: 1/13/2021 9:23:02 AM Sent: 1/13/2021 9:23:04 AM Viewed: 1/13/2021 11:45:24 AM Signed: 1/13/2021 11:46:02 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 11/20/2020 9:35:31 AM 172 Carbon Copy Events Status Timestamp Sherri Thurman Sent: 12/10/2020 5:43:01 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones* C Sent: 12/10/2020 5:43:01 PM gretna.jones@cityofdenton.com i L Viewed: 12/10/2020 6:25:57 PM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolina Parker Sent: 1/13/2021 11:46:04 AM zolina.parker@cityofdenton.com ED Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger� Sent: 1/13/2021 11:46:05 AM annie.bunger@cityofdenton.com COP Viewed: 1/13/2021 11:47:09 AM Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh� Sent: 1/13/2021 11:46:06 AM pritam.deshmukh@cityofdenton.com ED Deputy City Engineer Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/20/2020 9:33:55 AM Certified Delivered Security Checked 1/13/2021 11:45:24 AM Signing Complete Security Checked 1/13/2021 11:46:02 AM Completed Security Checked 1/13/2021 11:46:06 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 173 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Marcella Lunn, Glenn Gary, Todd Hileman, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 174 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 175 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 176 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A SECOND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND KIMLEY-HORN AND ASSOCIATES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JANUARY 14, 2020, IN THE NOT -TO -EXCEED AMOUNT OF $922,800.00; AMENDED BY AMENDMENT 1 APPROVED BY CITY COUNCIL; SAID SECOND AMENDMENT TO PROVIDE UTILITY CONFLICT ANALYSIS, SURVEYING, EASEMENT ACQUISITION, DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION SERVICES IN SUPPORT OF THE STATE REIMBURSABLE RELOCATION OF WATER AND WASTEWATER UTILITIES WITHIN THE INTERSTATE HIGHWAY 35E RIGHT-OF-WAY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 6590-084 — PROVIDING FOR AN ADDITIONAL SECOND AMENDMENT EXPENDITURE AMOUNT NOT -TO -EXCEED $217,500.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $1,305,300.00). WHEREAS, on January 14, 2020, by Ordinance No. 20-040, the City awarded a contract to Kimley-Horn and Associates, Inc. in the amount of $922,800.00, to provide for utility conflict analysis, surveying, easement acquisition, design, bidding and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of -Way; and WHEREAS, on January 12, 2021, by Ordinance No. 21-019, the City awarded a First Amendment to Kimley-Horn and Associates, Inc. in the amount of $165,000.00, to provide additional utility conflict analysis, surveying, easement acquisition, design, bidding, and construction administration services in support of the State reimbursable relocation of water and wastewater utilities within the Interstate Highway 35E Right -of -Way; and WHEREAS, the additional fees under the proposed Second Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Second Amendment, increasing the amount of the contract between the City and Kimley-Horn and Associates, Inc., which is on file in the office of the Purchasing Agent, in the amount of Two Hundred Seventeen Thousand Five Hundred and 00/100 ($217,500.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution of the amendment attached hereto. The total contract amount increases to $1,305,300.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 177 The motion to approve this ordinance was made by and seconded by .This ordinance was passed and approved by the following vote [- ]: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: do=com, dc=cityofdenton, dc=codad, o—Department Users and p 0����`n Groups, ou=General Government, `N U ou=Legal, cn=Marcella Lunn, email=Marcella.Lunn@cityofdenton.com BY: Date: 2021.07.13 11:59:10-05'00' 178 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 I CITY OF DENTON Docusign City Council Transmittal Coversheet PSA 6590-084 File Name MAYHILL 135E --AMENDMENT 2 Purchasing Contact crystal Westbrook City Council Target Date Piggy Back Option Not Applicable Contract Expiration Ordinance EDS 179 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND KIMLEY-HORN AND ASSOCIATES, INC. Contract #6590-084 THE STATE OF TEXAS COUNTY OF DENTON THIS SECOND AMENDMENT TO CONTRACT 6590-084 ("Amendment") by and between the City of Denton, Texas ("City") and Kimley-Horn and Associates, Inc., ("Engineer"); to that certain contract executed on January 14, 2020, in the original not -to - exceed amount of $922,800 (the "Original Agreement"); amended on January 12, 2021 in the additional amount of $165,000 aggregating a not -to -exceed amount of $1,087,800 (the "First Amendment") (collectively, the Original Agreement, the First Amendment are the "Agreement") for services related to the IH-35E-Mayhill-Utility Relocations. WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not -to -exceed amount $217,500 with this Amendment for an aggregate not -to -exceed amount of $1,305,300; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Engineer to the City; NOW THEREFORE, the City and Engineer (hereafter collectively referred to as the "Parties"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. The additional services described in Exhibit "A" of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the IH-35E-Mayhill-Utility Relocations, are hereby authorized to be performed by Engineer. For and in consideration of the additional services to be performed by Engineer, the City agrees to pay, based on the cost estimate detail attached as Exhibit "A", a total fee, including reimbursement for non -labor expenses an amount not to exceed $217,500. 2. This Amendment modifies the Agreement amount to provide an additional $217,500 for the additional services with a revised aggregate not to exceed total of $1,305,300. 6590-084 — Amendment #2 Page 1 of 2 180 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date "CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation LI -A ATTEST: ROSA RIOS, CITY SECRETARY LI -A THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. EgDocuSigned by: " �. aol Stephen D. Gay _�F RAARRQ��RCAAQ SIGNATURE PRINTED NAME Director, water utilities TITLE water utilities DEPARTMENT 6590-084 — Amendment #2 "Engineer" KIMLEY-HORN AND ASSOCIATES, INC. DocuSigned by: By: �� r Sr. vice Presedent Fn��onn�caAo� AUTHORIZED SIGNATURE, TITLE APPROVED AS TO LEGAL FORM: DocuSigned by: By:NI b4UA, 02051 DOD427E4E5... Page 2 of 2 181 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 *A:I1-11hM, AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT ADDITIONAL SERVICES Professional Services Agreement: IH-35E-MAYHILL - UTILITY -RELOCATIONS Amendment Scope of Services Scope of Services TxDOT has redesigned a portion of the roadway project that necessitates additional waterline relocation. The CITY has requested that the ENGINEER perform additional services including topographic survey, design, easement acquisition, and additional TxDOT coordination for approximately 1,700 linear feet of 20 -inch water line. Task 1 Design Management ENGINEER will provide the following additional services in accordance with the Original Contract: A. Project Management 1. Continued development of progress reporting and updates to project schedule. 2. Attend up to one additional meeting with City. 3. Prepare and execute up to two (2) additional subconsultant amendments. Task 3 Preliminary Design ENGINEER will provide the following additional services in accordance with the Original Contract: A. Preliminary Water Line Design 1. Perform one additional site visit to perform field verification of the survey. 2. Prepare preliminary water line plan and profile drawings for approximately 1,700 linear feet of 20 -inch water line. 3. Compile and prepare an updated opinion of probable construction cost (OPCC) for the additional infrastructure to be incorporated into the preliminary design OPCC. B. Deliverables 1. Supplemental Preliminary design submittal (60%) a. Submit four (4) copies to City for review and comment. b. Submittal shall include the following: i. Supplemental preliminary design plans (22"x34") ii. Opinion of probable construction cost incorporated into overall cost of proposed Mayhill Utility Relocations Amendment No. 2 IH-35E-MAYHILL - UTILITY -RELOCATIONS May 4, 2021 1 of 4 182 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 C. Meetings 1. Attend one (1) additional meeting with City to present and review the supplemental preliminary design submittal. Task 4 Final Design ENGINEER will provide the following additional services in accordance with the Original Contract: A. Final Design 1. Prepare final design water line plan and profile drawings, surface repair, erosion control, and details for approximately 1,700 linear feet of 20 -inch water line. B. Deliverables: 1. Final Design Submittal will be incorporated into the Final Design Deliverables indicated in the Original Contract. Task 9 Permitting ENGINEER will provide the following additional services in accordance with the Original Contract: A. Permitting 1. The ENGINEER will aid the City in coordinating the additional design into the Utility Agreement (U-35) with TxDOT and prepare reimbursement invoices as necessary. This also includes providing betterment calculations and coordination efforts with TxDOT, and their designated Utility Coordinator. Task 10 Survey and Easements ENGINEER will provide the following additional services in accordance with the Original Contract: A. Design Survey 1. Additional design survey with the following limits: a. A 100 -foot wide alignment generally along Interstate Hwy 35 continuing south/east from the Lillian Miller/Loop 288 intersection approximately 1,700 linear feet. B. Easement Preparation 1. Upon receiving approval of 60% design drawings, ENGINEER will prepare up to eight (8) permanent water line easements and up to one (1) temporary construction easements. 2. Revise up to twelve (12) previously submitted signed and sealed easement documents due to coordination with Denton Municipal Electric and City Real Estate requests. Amendment No. 2 IH-35E-MAYHILL - UTILITY -RELOCATIONS May 4, 2021 2 of 4 183 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 Task 11— Easement Acquisition Services ENGINEER will provide technical assistance to the Real Estate Agent during property negotiations for up to twenty (20) hours. ENGINEER's Real Estate Agent will provide the following additional services in accordance with the Original Contract: • Provide property negotiation services, title closing services, and appraisal services, including appraisal review for an additional eight (8) parcels for the proposed line in accordance with the previously agreed to scope under Task I I.A. • Revise up to four (4) previously submitted appraisal packets due to coordination with Denton Municipal Electric and City Real Estate requests. Amendment No. 2 IH-35E-MAYHILL - UTILITY -RELOCATIONS May 4, 2021 3 of 4 184 DocuSign Envelope ID: 60669CFE-C4E6-4EDD-A89F-4F308B7520A0 Compensation The additional services described above will be accommodated by increasing the contract amount by $217,500 The following table summarizes the revised contract amount: Task Original Contract Amd. No. 1 Amd. No. 2 Revised Contract Task 1 - Design Management $46,700 - $2,900 $49,600 Task 2 -Alignment Study $51,400 - $51,400 Task 3 - Preliminary Design $171,000 - $23,900 $194,900 Task 4 - Final Design $79,500 - $11,100 $90,600 Task 5 - Construction Contract Documents $14,500 - - $14,500 Task 6 - Bid Phase Services $18,700 - - $18,700 Task 7 - Construction Phase Services $61,900 - - $61,900 Task 8 - Record Drawings Preparation $10,100 - - $10,100 Task 9 - Permitting $26,600 - $7,600 $34,200 Task 10 -Survey and Easements $130,200 - $35,000 $165,200 Task 11 -Easement Acquisition Services $277,200 $165,000 $137,000 $579,200 Task 12 - Conflict Analysis $35,000 - - $35,000 Totals: 1 $922,800 1 $165,000 1 $217,500 1 $1,305,300 Duly executed by each party's designated representative to be effective on the date subscribed by the CITY. BY: CITY OF DENTON, TEXAS Title: Date: Amendment No. 2 IH-35E-MAYHILL - UTILITY -RELOCATIONS BY: ENGINEER Kimley-Horn and Associates, Inc Title: John Atkins, Vice President Date: May 4, 2021 4 of 4 185 Certificate Of Completion Envelope Id: 60669CFEC4E64EDDA89F4F308B752OA0 Subject: Please DocuSign: City Council Contract 6590-084--Mayhill 135E 2nd Amendment Source Envelope: Document Pages: 7 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC -06:00) Central Time (US & Canada) Record Tracking Status: Original 7/1/2021 2:55:16 PM Signer Events Crystal Westbrook crystal.westbrook@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/1/2021 4:00:38 PM ID:ec4837b3-1eda-4724-8869-36f6824fb8be Glenn Gary glenn.gary@kimley-horn.com Sr. Vice Presedent Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/5/2017 7:31:56 AM ID: a4d44695-81cf-49e7-97f6-7553e995f64a Holder: Crystal Westbrook crystal.westbrook@cityofdenton.com Signature Completed Using IP Address: 198.49.140.104 EiDS Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 by:"URA bAU& ED,c"Si,n,d DOE4E5... Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.104 by: ED-USigned �enics Signature Adoption: Pre -selected Style Using IP Address: 208.127.245.208 DocuSign Status: Sent Envelope Originator: Crystal Westbrook 901 B Texas Street Denton, TX 76209 crystal.westbrook@cityofdenton.com IP Address: 198.49.140.104 Location: DocuSign Timestamp Sent: 7/1/2021 2:59:15 PM Viewed: 7/1/2021 2:59:23 PM Signed: 7/1/2021 3:01:42 PM Sent: 7/1/2021 3:01:44 PM Viewed: 7/1/2021 3:38:20 PM Signed: 7/1/2021 3:38:33 PM Sent: 7/1/2021 3:38:35 PM Viewed: 7/1/2021 4:00:38 PM Signed: 7/1/20214:03:06 PM Sent: 7/1/2021 4:03:07 PM Resent: 7/9/2021 9:13:06 AM Viewed: 7/9/2021 9:44:08 AM Signed: 7/12/2021 1:33:38 PM 186 Signer Events Signature Timestamp Stephen D. Gay bySent: 7/12/2021 1:33:40 PM stephen.gay@cityofdenton.com EDII"Sig"Id ftft,�, 0. Gad Viewed: 7/12/2021 1:52:36 PM Director, Water Utilities FEB486B9726E4A9... Signed: 7/13/2021 8:31:37 AM Security Level: Email, Account Authentication (None) Signature Adoption: Pre -selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure: Accepted: 7/12/2021 1:52:36 PM ID:98ab562a-fdf4-41aa-b1d0-e26e163b1ecb Cheyenne Defee Sent: 7/13/2021 8:31:40 AM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/1/2021 10:36:47 AM ID: f04dd758-be5b-4966-aa99-d 1 98dc46f8f7 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee Sent: 7/1/2021 3:01:44 PM cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman Sent: 7/13/2021 8:31:39 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 187 Carbon Copy Events Status Timestamp Gretna Jones Sent: 7/13/2021 8:31:40 AM gretna.jones@cityofdenton.com ED Viewed: 7/13/2021 11:43:02 AM Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolina Parker zolina.parker@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger annie.bunger@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh pritam.deshmukh@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/12/2021 10:40:23 AM ID: a734e8e2-55a9-4fcf-8f82-528d1bf872e9 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/1/2021 2:59:15 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 188 Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Marcella Lunn, Glenn Gary, Stephen D. Gay, Rosa Rios, Pritam Deshmukh ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. 189 How to contact City of Denton: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: purchasing@cityofdenton.com To advise City of Denton of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from City of Denton To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Denton To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetSca e 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. 190 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. 191 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1529, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Ameri-Mex Contractors, Inc., for the rehabilitation of a residential property located at 2317 Bowling Green Street, Denton, TX under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7698 - awarded to Ameri-Mex Contractors, Inc., in the not -to -exceed amount of $159,830.00). City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 192 11"'t"001110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Ameri-Mex Contractors, Inc., for the rehabilitation of a residential property located at 2317 Bowling Green Street, Denton, TX under the City of Denton Home Improvement Program; providing for the expenditure of funds therefor; and providing an effective date (RFP 7698 — awarded to Ameri-Mex Contractors, Inc., in the not -to -exceed amount of $159,830.00). INFORMATION/BACKGROUND Home Improvement Program (HIP) Every year, the Community Development Division brings the City of Denton Action Plan for Housing and Community Development of awarded CDBG and HOME funds (Action Plan). The Action Plan is approved by City Council annually and it approves Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) grant funds allocated to Home Improvement Program (HIP) that assist low- and moderate -income families maintain safe, stable affordable housing. Additional funding sources may include program income and owner -provided personal funds. HIP assists homeowners in need of major repairs through rehabilitation or reconstruction. Assistance is in the form of a payable/forgivable or forgivable loan for ten years. The program helps homeowners afford substantial repairs that they could not otherwise afford. RFP #7698 — Home Improvement Project This bid was issued to include one housing rehabilitation project for a homeowner who applied and qualified for the HIP program. Work specifications and pricing estimates were based on project and household specifications. The project is approximately 1,811 square feet, 3br/2 bath/accessibility rehabilitation. A 10% contingency has been included for inflation for change orders in the total not -to -exceed amount. Project Price 2317 Bowling Green Street Denton, TX $145,300.00 Contingency $14,530.00 Total: $159,830.00 193 Requests for Proposals were sent to 357 prospective suppliers, including 33 Denton firms, of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Four (4) proposals were received and evaluated based upon published criteria including delivery, probable performance, price, and homeowner's choice. A Best and Final Offer (BAFO) was requested from the top firm. Based upon this evaluation, Ameri-Mex Contractors, Inc. was ranked the highest and determined to be the best value for the City. NIGP Code Used for Solicitation: 909 - (Service Only) - Building Construction Services, New Notifications sent for Solicitation sent in IonWave: 357 Number of Suppliers that viewed Solicitation in IonWave: 14 HUB -Historically Underutilized Business Invitations sent out: 44 SBE -Small Business Enterprise Invitations sent out: 140 Responses from Solicitation: 4 RECOMMENDATION Award a contract with Ameri-Mex Contractors, Inc., for the rehabilitation of a residential property located at 2317 Bowling Green Street, Denton, TX under the City of Denton Home Improvement Program, in a not -to -exceed amount of $159,830. PRINCIPAL PLACE OF BUSINESS Ameri-Mex Contractors, Inc. Valley View, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by February 28, 2021. FISCAL INFORMATION These services will be funded from Home Investment Partnership Program Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Evaluation Exhibit 3: Fact Sheet Exhibit 4: Ordinance Respectfully submitted: Lori Hewell 940-349-7100 Purchasing Manager For information concerning this rehabilitation, contact: Alma Espino at 940-349-7756. Legal point of contact: Marcella Lunn at 940-349-8333. 194 Exhibit 2 RFP 7698 - Pricing Evaluation for the Home Improvement Project on 2317 Bowling Green Ameri-Mex Respondent's Business Name: Contractors Inc. Principal Place of Business (City and State): Valley View, TX Line # Description 1 I Total Cost for Reconstruction @ 2317 Bowling Green, Denton, TX $145,300.00 Contingency: $14,530.00 Total Contract Price: $159,830.00 MAK Repair & onstruction, LLC Celina, TX $172,040.00 SERVPRO of North Irving Dallas, TX $297,764.21 Ben's Better )nsulting, LLC Aubrey, TX $274,181.00 Evaluation Item # Standard Criteria Ameri-Mex Contractors Inc. MAK Repair & Construction, LLC SERVPRO of North Irving Ben's Better Consulting, LLC 1 Homeowners Choice - 30% 30.00 20.00 5.00 5.00 2 Delivery/Project Schedule - 10% 7.30 3.30 5.30 4.00 3 Probable Performance - 10% 7.30 4.00 5.30 4.00 4 Price, Total Cost of Ownership - 50% 50.00 42.23 24.40 26.50 Total Score: 94.60 69.53 40.00 39.50 195 Exhibit 3 Home Improvement Program Council Fact Sheet Details: AgendalD: Project: Substantial Rehab/Repair Contractor Awarded: Ameri-Mex Contractors, Inc. Contract Amount: $159,830 (includes $14,530, 10% change orders) Bids Received: 4 bids $145,300.00 Ameri-Mex Contractors Inc $172,040.00 MAK Repair & Construction, LLC $274,181.00 Ben's Better Consulting LLC $297,764.21 SERVPRO of North Irving Changes to sq footage: Decrease of 590 sq. ft. from 2401 to 1811 Energy efficiencies: Adding insulation, Seer 16 HVAC, Windows Upgrade Summary of foundation repairs: 8 piers/, tree removal, root barriers, gutters improvements: • Repairs of damage due to prior foundation repairs • Plumbing — extensive replacement of plumbing under the slab • Accessibility to front sidewalk & back driveway • Accessible master bathrooms Income: Moderate Income 65%-80%: 1 households Low Income 50%-65%: 4 households Very -Low Income 30%-50%: 2 households Extremely -Low Income <_30: 1 households Household: Elderly: 5 households Large (5+): 1 household Small: 2 household Loan Data: Income Category General Households Elderly Households Moderate 80%-65% AMI: 20% Payable & 80% Forgivable 0% Payable & 100% Forgivable Low 65% - 50% AMI: 10% Payable & 90% Forgivable 0% Payable & 100% Forgivable Very -Low 50% - 30%: 0% Payable & 100% Forgivable 0% Payable & 100% Forgivable Extremely -Low Below 30%: 0% Payable & 100% Forgivable 0% Payable & 100% Forgivable Maximum debt to income Front End Housing: 30 Back End Housing/All Other Debt: 40 ratios: The debt -to -income ratio is all monthly debt payments divided by your gross monthly income. This number allows us to measure the applicant's ability to afford costs that will arise with their rehab or reconstruct home. New costs can include program loan payment, higher property taxes, and higher costs of property insurance. 196 Exhibit 3 Income Range Moderate 80% - 65% AMI Low 65% A - 50% AMI Very -Low 50% - 30% AMI Extremely -Low -<30% AMI Family Size 1 $46,550 - 37,851 $37,850 - 29,101 $29,100 -17,501 $17,500 or below 2 $53,200 - 43,251 $43,250 - 33,251 $33,250 - 20,001 $20,000 or below 3 $59,850 -48,651 $48,650 - 37,401 $37,400 - 22,501 $22,500 or below 4 $66,500 - 54,001 $54,000 - 41,551 $41,550 - 25,751 $25,750 or below 5 $71,850 - 58,351 $58,350 - 44,901 $44,900 - 30,171 $30,170 or below 6 $77,150 - 62,701 $62,700 - 48,201 $48,200 - 34,591 $34,590 or below 7 $82,500 - 67,001 $67,000 - 51,551 $51,550 - 39,011 $39,010 or below 8 $87,800 - 71,301 $71,300 - 54,851 $54,850 - 43,431 $43,430 or below 197 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE A CONTRACT WITH AMERI-MEX CONTRACTORS, INC., FOR THE REHABILITATION OF A RESIDENTIAL PROPERTY LOCATED AT 2317 BOWLING GREEN STREET, DENTON, TX UNDER THE CITY OF DENTON HOME IMPROVEMENT PROGRAM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 7698 — AWARDED TO AMERI-MEX CONTRACTORS, INC., IN THE NOT -TO -EXCEED AMOUNT OF $159,830.00). WHEREAS, the City Council of the City of Denton ("City") recognizes the need to assist low and moderate -income families in securing safe, sanitary, and decent housing; and WHEREAS, the City participates in a Home Improvement Program funded through a federal grant from the Department of Houston and Urban Development; and WHEREAS, the City adopted and administers Home Improvement Program Guidelines and Home Improvement Program Eligibility Criteria, which require competitive procurement for certain qualifying expenditures; and WHEREAS, the homeowners receiving the benefit of the request for proposals are qualified and eligible in accordance with the Home Improvement Program Guidelines and Home Improvement Program Eligibility Criteria; and WHEREAS, the City assisted homeowners seeking to participate in the City of Denton Home Improvement Program solicit, receive, and evaluate competitive for the rehabilitation of a residential property located at 2317 Bowling Green Street, Denton, TX under the City of Denton Home Improvement Program; and WHEREAS, the City Manager, or a designated employee, as well as the homeowner for one (1) property, have received and reviewed and recommended that the herein described proposals are the most advantageous to the City and homeowners considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City will execute loan agreements and other documents with the homeowners authorizing the City to expend Home Improvement Program funds for the reconstruction of the homeowners' properties; 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: 198 SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies, or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City and homeowners considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 7698 Ameri-Mex Contractors, Inc. $159,830.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City approves the homeowners' acceptance of the offer of the persons submitting the proposals for such items and agrees to the expenditure of Home Improvement Program funds for the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. That should the City and homeowners wish to enter into a formal written agreement as a result of the acceptance and approval of the proposals, the City Manager, or their designated representative, is hereby authorized to execute the written contract and other loan agreements (and other necessary documents) which shall be referenced herein; provided that the written contract and agreements are in accordance with the terms, conditions, specifications, standards, quantities, and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by seconded by following vote r - ] and . This ordinance was passed and approved by the 199 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY :• APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: do=com, dc=cityofdenton, i dc=codad, ou=Department Users and ry O J`n i Groups, ou=General Government, ou=Legal, cn=Marcella Lunn, BY, email=Marcella.Lunn@cityofdenton.com Date: 2021.07.19 14:25:11 -05'00' 200 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1530, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Sigma Surveillance, Inc. dba STS360, through the Department of Information Resources (DIR) Cooperative Purchasing Network, Contract No. DIR-TSO- 4247, for the acquisition of Axis camera security products and related services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7746 - awarded to Sigma Surveillance, Inc. dba STS360, in the five (5) year not -to -exceed amount of $950,000.00). City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 201 1%,100110, DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, a Texas home -rule municipal corporation, authorizing the City Manager, or their designee, to execute a contract with Sigma Surveillance, Inc. dba STS360, through the Department of Information Resources (DIR) Cooperative Purchasing Network, Contract No. DIR-TSO-4247, for the acquisition of Axis camera security products and related services for the Technology Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7746 — awarded to Sigma Surveillance, Inc. dba STS360, in the five (5) year not -to - exceed amount of $950,000.00). INFORMATIONBACKGROUND In 2006, the City of Denton began utilizing a video surveillance camera system to support departments in monitoring work areas, reviewing archived camera footage, and pulling video as needed. This video surveillance camera system assists in deterring crime, gathering evidence, providing solid support for claims, and monitoring activities. Currently, the City's video surveillance camera system supports approximately 750 cameras for the Police Department, Fire Department, Municipal Court Room and Clerks, Airport, Customer Service, Technology Services, Facilities Management, Fleet Services, Solid Waste, Libraries, Parks and Recreation Centers, Downtown County Courthouse, and City Hall. Axis cameras provide one of the premier camera solutions in the industry and are known for their reliability and longevity. Based on our environment, these cameras last a minimum of approximately ten (10) years. Technology Services' Fiber Communications Team prefers Axis cameras over other vendors' cameras and desires to keep the citywide system consistent for the efficiency gains achieved during procurement, installation, and maintenance. Technology Services determined that the installation and maintenance of Axis cameras are within the Communications Group's capabilities, saving hundreds of thousands of dollars on installation costs in the last few years when compared to contracting out these services to the camera vendor. Without a consistent camera model available to the Communications Group for purchase, this cost savings would not be possible. In the table below, Technology Services has collected camera requirements for upcoming city construction projects and estimated the number of repairs that will be needed over the next five (5) years. In addition, new cameras are added to the video surveillance camera system regularly at the request of city departments, so a projection of future needs has been generated based on historic levels. Tech Services also continually replaces old cameras, upgrades licenses, and repairs damaged cameras, so estimates are included below for these activities as well. It is essential for the City of Denton to keep current maintenance with the video surveillance camera system vendor in order to ensure the availability of upgrades, software fixes, and access 202 to knowledge and support resources. Without this contract, the entire system of 750 cameras would potentially be at risk. Current estimates for fiscal years 2022 through 2026 are as follows: Year 2021 2022 2023 2024 2025 2026 Total Number of City Network Cameras 592 796 855 916 991 1,080 New camera purchases *$164,800 $47,200 $48,800 $60,000 $71,200 Yearly replacement camera purchases $471200 $63,680 $68,400 $73,280 $79,280 Licensing fees for new cameras $51,500 $14,750 $15,250 $18,750 $22,250 Estimated spend * $263,500 $125,630 $132,450 $152,030 $172,730 Contingency $289,850 $138,193 $145,695 $167,233 $190,003 Total $930,974 *Note that 2022 camera purchase is driven by the Police Department facility renovation, and new facilities being constructed. Other years are symbolic of typical growth in the system. The typical camera cost was averaged at $800. The DIR Cooperative Purchasing Network establishes competitively bid contracts that can be utilized by the State and other government agencies through a cooperative agreement. Cooperative agreements save taxpayer dollars by leveraging the State's volume -buying power to drive down costs on hundreds of contracts through a streamlined cooperative purchasing program. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 28, 2020, Council approved the interlocal agreement with the Department of Information Resources Purchasing Network (Ordinance 20-196). RECOMMENDATION Award a contract with Sigma Surveillance, Inc. dba STS360, for the acquisition of Axis camera security products and related services for the Technology Services Department, in a five (5) year not -to -exceed amount of $950,000. PRINCIPAL PLACE OF BUSINESS Sigma Surveillance, Inc. dba STS360 Carrollton, TX ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. The DIR contract expires on September 24, 2023. 203 FISCAL INFORMATION These items/services will be funded from Technology Services Operating Funds. The City will only pay for services rendered and is not obligated to pay the full contract amount unless needed. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Pricing Index Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lisa Collaud, 940-349-7519. Legal point of contact: Marcella Lunn at 940-349-8333. 204 Anixter, Inc. DIR-TSO-4247 Appendix C Pricing Index Amendment 4 Brand Accurate Connections D- Customer Discount • 25.00% Aiphone 40.00% Anixter 50.00% APC 35.00% Axis 7.00% Belden - CATV COAX 30.00% Belden - INDUSTRIAL 28.00% Belden - NEW GEN 36.00% Belden - PREMISE 36.00% Berk -Tek 41.00% B -Line 16.00% Blonder Tongue 6.00% Bogen 40.00% Brother In 7.00% Cablofil 15.00% Chatsworth 32.00% CommScope 37.00% Comnet 35.00% Compulink 37.00% Corning -C 27.25% CS-UNIPRIS 37.00% D -LINK 5.00% Fluke 8.00% GENERAL CABLE 38.00% Greenlee 11.00% HID GLOBAL 38.00% HIRSCHMANN 26.00% HOFFMAN 18.00% ITW Linx 20.00% LCN CLOSER 44.00% MIDDLE ATLANTIC 49.00% NetAlley 9.00% NETSCOUT 9.00% ORTRONICS 34.00% Panduit - Wiring Accessories 27.00% Panduit - Cable Ties 27.00% Panduit - Racks & Cable Management 25.00% Panduit - Cable Channel 35.00% 205 Brand Pelco D- Customer Discount • 37.00% Quiktron - Cable Assemblies 20.00% SENECA DATA 20.00% SERVERTECH 9.00% SUTTLE 23.00% TALK-A-PHONE 37.00% TELECT 10.00% TIMES MICROWAVE 30.00% Tripp Lite 40.00% VALCOM 36.00% Vertiv (excluding Geist) 30.00% WIREMOLD 35.00% 206 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR THEIR DESIGNEE, TO EXECUTE A CONTRACT WITH SIGMA SURVEILLANCE, INC. DBA STS360, THROUGH THE DEPARTMENT OF INFORMATION RESOURCES (DIR) COOPERATIVE PURCHASING NETWORK, CONTRACT NO. DIR-TSO-4247, FOR THE ACQUISITION OF AXIS CAMERA SECURITY PRODUCTS AND RELATED SERVICES FOR THE TECHNOLOGY SERVICES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7746 — AWARDED TO SIGMA SURVEILLANCE, INC. DBA STS360, IN THE FIVE (5) YEAR NOT -TO - EXCEED AMOUNT OF $950,000.00). WHEREAS, pursuant to Ordinance 20-196, the Department of Information Resources has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described materials, equipment, supplies, or services can be purchased by the City through the State of Texas Department of Information Services Go Direct Program at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered purchase order for materials, equipment, supplies, or services shown in the "File Number" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 7746 Sigma Surveillance, Inc. dba STS360 $950,000.00 SECTION 2. By the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the State of Texas Department of Information Services Go Direct Program for such items, and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities, and for the specified sums contained in the bid documents, and related documents filed with the State of Texas Department of Information Services Go Direct 207 Program, and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in this ordinance wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the State of Texas Department of Information Services Go Direct Program, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be referenced herein, provided that the written contract is in accordance with the terms, conditions, specifications, standards contained in the Proposal submitted to the State of Texas Department of Information Services Go Direct Program, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 4. By the acceptance and approval ofthe 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. The motion to approve this ordinance was made by and seconded by the following vote [ - ]: Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the ATTEST: ROSA RIOS, CITY SECRETARY This resolution was passed and approved by Aye Nay Abstain Absent day of , 2021. GERARD HUDSPETH, MAYOR 208 APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Digitally signed by Marcella Lunn DN: dr om, o = Legalden=Mar c lla Lunn, , Department Users and Groups, ou=General Government, ou=Legal, cn=Marcella Lunn, B` : email=Marcella.Lunn@cityofdenton.wm YDate: 2021.07.1914:27:25-05'00' 209 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 21-1568, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute an Agreement for transportation with Denton Independent School District for use of buses for transportation for Denton Parks and Recreation camp programs; authorizing the Interim City Manager, or her designee, to perform all obligations of the City under the agreement, including the expenditure of funds; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTl 210 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: David Gaines, Interim Deputy City Manager DATE: August 3, 2021 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the Interim City Manager to execute an Agreement for transportation with Denton Independent School District for use of buses for transportation for Denton Parks and Recreation camp programs; authorizing the Interim City Manager, or her designee, to perform all obligations of the City under the agreement, including the expenditure of funds; and providing an effective date. BACKGROUND The Parks and Recreation Department (PARD) typically operates 7 summer camp programs with approximately 500 campers attending each week. Swimming pool trips and field trips are a major component of summer camp program and a service expected by participants. In the past, PARD has used a combination of city -owned vans, rental vans, and charter buses to transport campers to swimming trips and field trips. A request for rental services was solicited in 2019; however, no vendors submitted bids. PARD did not offer camp during summer of 2020 due to COVID. Staff began planning for summer camp 2021 during the Spring of 2021. Due to the effects of COVID on the economy, rental companies are not able to provide services and charter bus contracts are an expensive alternative. Staff contacted Denton Independent School District (DISD) to explore a partnership using DISD buses and drivers to provide camp transportation. Since Spring, staff has actively worked on an agreement with DISD to provide these services. During this time, DISD began providing transportation services for the PARD summer camps on June 1, 2021. RECOMMENDATION Staff recommends approval of the ordinance as the DISD bus agreement adds value to PARD's summer camp programs. PRIOR ACTION/REVIEW N/A FISCAL INFORMATION PARD summer camp operates 10 weeks. The estimated cost for providing services for the 2021 program is approximately $63,000 for 7 camps. 211 OPERATIONAL IMPACT Without transportation to swimming pools and field trip locations, PARD would not be able to offer the same level or quality of service expected from the participants. EXHIBITS Exhibit 1 — Agenda Information Sheet Exhibit 2 — DISD Bus Ordinance with Agreement Respectfully submitted: Gary Packan, Parks and Recreation Director Prepared by: Sara Farris, Recreation Supervisor, Parks and Recreation PA VA ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AGREEMENT FOR TRANSPORTATION WITH DENTON INDEPENDENT SCHOOL DISTRICT FOR USE OF BUSES FOR TRANSPORATION FOR DENTON PARKS AND RECREATION CAMP PROGRAMS; AUTHORIZING THE INTERIM CITY MANAGER, OR HER DESIGNEE, TO PERFORM ALL OBLIGATIONS OF THE CITY UNDER THE AGREEMENT, INCLUDING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") summer camp programs travel on field trips to various destinations; and WHEREAS, Denton Independent School District (DISD) has school buses that are underutilized during the summer: and WHEREAS, DISD can provide bus transportation for camps and seeks to serve the children and families of Denton; and WHEREAS, DISD has presented the City of Denton ("City") with a proposed Agreement for Transportation ("Agreement") regarding the City's use of buses for transportation of campers that would be effective from execution through the Summer of 2021 unless terminated earlier in accordance with the terms of the Agreement; and WHEREAS, City staff has reviewed the Agreement required by DISD and is of the opinion that it should be approved; and WHEREAS, the City Council finds it is in the public interest to approve the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The Interim City Manager, or her designee, is hereby authorized to execute on behalf of the City the Agreement for Transportation between the Denton Independent School District and City of Denton for the use of bus transportation, a copy of which is attached as Exhibit A and incorporated herein. SECTION 3. The Interim City Manager, or her designee, is further authorized to carry out all duties and obligations to be performed by the City under the Agreement, including, but not limited to, the expenditure of funds. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. Page 1 of 2 213 The motion to approve this ordinance was made by and seconded by the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED and APPROVED this the day of , 2021 GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY IBM Page 2 of 2 214 DocuSign Envelope ID: B118048F-CDE3-4348-B4D8-7E3D45E3A668 Agreement for Transportation This Agreement for Transportation is between the City of Denton and the Denton Independent School District (referred to as Denton ISD). The City of Denton seeks to engage Denton ISD for transportation service for City Summer Camps during the summer of 2021. The Summer Camps are typically scheduled between June 1st and August 15th each year. As both the City of Denton, through their Summer Camp program, and the Denton ISD seek to serve the children and families of Denton, this Agreement will assist both Parties in achieving their goals. Denton ISD agrees to provide transportation for the following Summer Camps: Camp Exploration from the Denton Civic Center Thursdays only 9:30am — 3:30 pm Transportation for 50 campers and 6 staff 2. Camp Conquest from North Lakes Rec Center Days TBD (Approximately 3-4 days per week) Transportation for 20 campers and 4 staff 3. Super Kids Camp from Calhoun Middle School Tuesdays - 9am — 4pm Transportation for 50 campers and 6 staff 4. Camp Discovery from MLK Jr. Rec Center Days TBD (Approximately 3-4 days per week) Transportation for 30 kids and 5 staff 5. Camp Voyage from Denia Rec Center Days TBD (Approximately 3-4 days per week) Transportation for 20 kids and 4 staff 6. Clear Creek Camp from Clear Creek Natural Heritage Center Tuesday & Thursday 11:30 a.m. — 3:30 p.m. Wednesdays 9:30 a.m. — 3:30 p.m. Transportation for 34 kids and 5 staff In consideration for these transportation services, the City of Denton agrees as follows: Agreement for Transportation Page 1 of 3 215 DocuSign Envelope ID: B118048F-CDE3-4348-B4D8-7E3D45E3A668 The City of Denton agrees to pay Denton ISD $3.57 per mile. Denton ISD will bill the City of Denton for mileage once per month, with payment to be made within 30 days of invoice. 2. The City of Denton agrees to pay Denton ISD $20.00 per hour for each bus driver utilized in providing transportation services. 3. The City will name Denton ISD as an additional insured and, to the extent allowed by law, hold harmless Denton ISD regarding transportation services. 4. Reimburse Denton ISD for any unanticipated costs associated with the transportation services. MISCELLANEOUS: Independent Contractor: Denton ISD is and at all times shall be deemed to be an independent contractor. Nothing contained herein shall constitute a Joint Venture. Mutual Responsibility and Preservation of Defenses: The City of Denton agrees to and accepts full responsibility for acts, negligence and/or omissions of all the City of Denton employees and agents, subcontractors and/or contract laborers in performing services under this Agreement. Denton ISD agrees to and accepts full responsibility for acts, negligence and/or omissions of all Denton ISD employees and agents, subcontractors and/or contract laborers in performing services under this Agreement. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas including, without limitation, the defense of governmental immunity, the limitations of liability -imposed Title 5 of the Texas Civil Practice and Remedies Code, and the limitations of liability during times of disaster and emergency imposed by Chapter 418 of the Texas Government Code, and other applicable laws and statutes. PROGRAM FUNDING: All funds necessary for the operation of this program, whether by the Denton ISD or the City of Denton are allocated from the school district's annual fiscal budget, and from current available revenues. TERM OF AGREEMENT: Term of this agreement is during the summer of 2021. DISPUTES: Any dispute arising from the failure of either Denton ISD or the City of Denton to perform shall be submitted to mediation and may be appealed to the court of jurisdiction in Denton County. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay. Any other disputes or conflicts involving damages or claimed Agreement for Transportation Page 2 of 4 216 DocuSign Envelope ID: B118048F-CDE3-4348-B4D8-7E3D45E3A668 remedies outside the scope of sufficiency of performance and compensation adjustment shall be referred to a court of competent jurisdiction in Denton County, Texas. ASSIGNMENT: Neither party shall assign, transfer, or sub -contract any of its rights, burdens, duties, or obligations under this Agreement without the prior written permission of the other party to this Agreement. NOTICES: All notices, demands or other writings may be delivered by either parry by U.S. First Class Mail or by other reliable courier at the following addresses: DENTON ISD: James K. Wilson, III, Ed.D. Denton ISD Superintendent 1307 North Locust Street Denton, Texas 76201 Telephone (940) 369-0002 CITY OF DENTON Sara Hensley Interim City Manager 215 E McKinney Street Denton, TX 76201 Telephone (940) 349-8200 AND Paul Andress Denton ISD Exec. Dir. of Operations 230 North Mayhill Road Denton, Texas 76201 Telephone (940) 369-0230 AND Gary Packan Director of Parks and Recreation 901 Texas Street Denton, TX 76209 Telephone (940) 349-7460 AUTHORIZED EXECUTION: The undersigned administrator or Trustee of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party certifies to the other that any necessary resolutions or ordinances extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals as described below. DENTON INDEPENDENT SCHOOL CITY OF DENTON DISTRICT Paul Andress, Agreement for Transportation Page 3 of 3 Name] 217 DocuSign Envelope ID: B118048F-CDE3-4348-B4D8-7E3D45E3A668 Executive Director of Operations Denton Independent School District EXECUTED on this Date: Title] City of Denton EXECUTED on this Date: ATTEST: Rosa Rios, City Secretary LE APPROVED AS TO LEGAL FORM: Catherine Clifton, Interim City Attorney THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. SIGNATURE Gary Packan PRINTED NAME Director of Parks & Recreation TITLE Parks & Recreation DEPARTMENT Agreement for Transportation Page 4 of 4 218 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 21-1614, Version: 1 Legislation Text AGENDA CAPTION Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park, upon satisfying certain conditions; authorizing Interim City Manager, or her designee, to execute an Agreement in conformity with this Resolution; and providing for an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTl 219 �ry DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: David Gaines, Interim Deputy City Manager DATE: August 3, 2021 City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com SUBJECT Consider approval of a resolution of the City of Denton allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival, on Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park, upon satisfying certain conditions; authorizing Interim City Manager, or her designee, to execute an Agreement in conformity with this Resolution; and providing for an effective date. BACKGROUND The 22nd Annual Denton Blues Festival is organized by the Denton Black Chamber of Commerce, a nonprofit 501(c)3 organization, that serves to preserve the blues and further the reputation of Denton as a music entertainment destination. This event will be held at Quakertown Park on Friday, September 17, from 8 a.m. to 8 p.m., Saturday, September 18, from noon to 11 p.m., and Sunday, September 19, 2021, from 10 a.m. to 9 p.m. This free festival includes live music and performances, karaoke, children's activities, arts and crafts, and over 20 booths. Event organizers anticipate 10,000 in attendance. The Denton Black Chamber of Commerce is requesting permission to sell beer and wine for the Denton Blues Festival. The Denton Black Chamber of Commerce will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $1,000,000. In addition, the Denton Black Chamber of Commerce agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Blues Festival. The Denton Blues Festival will have police security at the event. 220 RECOMMENDATION Staff recommends approval, as the event organizers have consistently demonstrated an ability to responsibly operate alcohol sales at the Blues Festival at Quakertown Park. PRIOR ACTION/REVIEW On August 27, 2019, City Council approved a resolution allowing the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival under Resolution No. 19-2040. On August 2, 2021, the Parks, Recreation and Beautification Board was briefed on and reviewed the request from the Denton Black Chamber of Commerce to sell alcoholic beverages for the Denton Blues Festival. FISCAL IMPACT N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Agreement Respectfully submitted: Gary Packan, Parks and Recreation Director Prepared by: Jennifer Eusse Special Events Supervisor, Parks and Recreation 221 N N N RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON ALLOWING THE DENTON BLACK CHAMBER OF COMMERCE TO SELL ALCOHOLIC BEVERAGES AT THE DENTON BLUES FESTIVAL, ON SATURDAY SEPTEMBER 18, 2021, FROM 12:00 P.M. TO 11:00 P.M., AND SUNDAY, SEPTEMBER 19, 2021, FROM 10:00 A.M. TO 9:00 P.M., AT THE QUAKERTOWN PARK, UPON SATISFYING CERTAIN CONDITIONS; AUTHORIZING THE INTERIM CITY MANAGER, OR HER DESIGNEE, TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton ("City") is the owner of the Quakertown Park and is a co- sponsor of the Denton Blues Festival at Quakertown Park; and WHEREAS, the Denton Black Chamber of Commerce will host the Denton Blues Festival on Friday, September 17, 2021 through Sunday, September 19, 2021 to showcase and preserve blues artists and music; and WHEREAS, the Denton Black Chamber of Commerce has requested that they are allowed to sell alcoholic beverages at this year's Denton Blues Festival; and WHEREAS, the City Manager or designee may approve, in advance, the consumption and possession of alcoholic beverages at Quakertown Park pursuant to Section 22-32(b) of the Denton Code of Ordinances; and WHEREAS, the City Council deems it in the public interest to authorize the Interim City Manager, or her designee, to allow the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival on Saturday, September 18, 2021, and Sunday, September 19, 2021, so long as certain conditions are met; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings set forth in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. Denton Black Chamber of Commerce shall be allowed to sell alcoholic beverages at Denton Blues Festival, on Saturday, September 18, 2021 from 12:00 p.m. to 11:00 p.m., and on Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m. to be held at Quakertown Park, located at 321 E. McKinney St., Denton, Texas, upon entering into and complying with the attached contractual agreement with the City of Denton and satisfying the following conditions: Denton Black Chamber of Commerce shall be responsible for rental of any booth or space necessary; M N N 2. They shall abide by all laws, resolutions, rules, and regulations, and shall be responsible to obtain any temporary license(s) and permit(s) necessary for selling alcoholic beverages at the Denton Blues Festival; 3. They shall provide the security necessary for the sale of alcoholic beverages; 4. They shall provide general comprehensive liability insurance from a responsible carrier, with the City as an additional insured, in the amount of $1,000,000.00; 5. They shall provide Liquor/Dram Shop Liability in the amount of $1,000,000 per occurrence; and 6. They agree to indemnify the City of Denton against any liability incident to the selling of alcoholic beverages at the Denton Blues Festival. SECTION 3. The Interim City Manager, or her designee, is authorized to execute an agreement in conformity with this Resolution, which shall be substantially in the form of the agreement attached hereto and made a part hereof by reference. SECTION 4. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by and seconded by This Resolution was passed and approved by the following vote F Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR le N N ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY o BY: N N CITY OF DENTON AGREEMENT WITH DENTON BLUES FESTIVAL STATE OF TEXAS COUNTY OF DENTON This Agreement, made this day of , 2021, by and between the City of Denton, a municipal corporation, hereinafter referred to as the "CITY" and DENTON BLACK CHAMBER OF COMMERCE. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 GENERAL The City grants to the DENTON BLACK CHAMBER OF COMMERCE the privilege to sell alcoholic beverages, subject to the exceptions and conditions hereinafter set forth, for the DENTON BLUES FESTIVAL on Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., through Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., to be held at Quakertown Park, located at 321 E. McKinney St., Denton, Texas. This privilege does not extend beyond the date and times of the DENTON BLUES FESTIVAL set for the year 2021. ARTICLE 2 TERMS AND CONDITIONS DENTON BLACK CHAMBER OF COMMERCE, in order to exercise the privilege to sell alcoholic beverages, must perform the following: A. DENTON BLACK CHAMBER OF COMMERCE shall be solely responsible for the rental and payment for any booth space necessary for the sale of alcoholic beverages at the DENTON BLUES FESTIVAL. B. DENTON BLACK CHAMBER OF COMMERCE shall be solely responsible to obtain any temporary license and permit necessary for the selling of alcoholic beverages at the DENTON BLUES FESTIVAL. C. DENTON BLACK CHAMBER OF COMMERCE shall be solely responsible for the obtaining and paying for any security necessary for the sale of alcoholic beverages at the DENTON BLUES FESTIVAL. D. DENTON BLACK CHAMBER OF COMMERCE's failure to do any of the above and to show proper proof of compliance shall waive their right to exercise the privilege of selling alcoholic beverages at the DENTON BLUES FESTIVAL. (0 N N ARTICLE 3 LOCAL RULES AND REGULATION DENTON BLACK CHAMBER OF COMMERCE agrees to abide by all municipal, county, state, and federal laws, Resolutions, rules and regulations, and specifically, without limitation, to obtain all necessary and proper licenses, permits, and authorizations, and to comply with the requirements of any duly authorized person acting in connection therewith. DENTON BLACK CHAMBER OF COMMERCE shall pay all taxes, if any, of every nature and description arising out of or in any manner connected with the sale of alcoholic beverages. DENTON BLACK CHAMBER OF COMMERCE will exercise reasonable care and due diligence in their sale of alcoholic beverages at the DENTON BLUES FESTIVAL. ARTICLE 4 INDEMNITY AGREEMENT DENTON BLACK CHAMBER OF COMMERCE shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, losses, and expenses, including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of DENTON BLACK CHAMBER OF COMMERCE or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 5 INSURANCE During the performance of the Agreement, DENTON BLACK CHAMBER OF COMMERCE shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. I- N N B. Liquor/Dram Shop Liability in the amount of $1,000,000 per occurrence for any event occurring on City -owned property where alcohol will be provided or served. C. DENTON BLACK CHAMBER OF COMMERCE shall furnish insurance certificates or insurance policies at the CITY'S request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without written notice to the CITY and DENTON BLACK CHAMBER OF COMMERCE. In such event, DENTON BLACK CHAMBER OF COMMERCE shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 6 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: DENTON BLACK CHAMBER OF COMMERCE: CITY OFDENTON: John Baines, Event Coordinator City Manager P.O. Box 51026 215 E. McKinney St. Denton, Texas 76206 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE 7 ENTIRE AGREEMENT This Agreement, consisting of five (5) pages and 0 exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 8 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. 00 N N ARTICLE 9 DISCRIMINATION PROHIBITED In performing the services required hereunder, DENTON BLACK CHAMBER OF COMMERCE shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 10 PERSONNEL DENTON BLACK CHAMBER OF COMMERCE represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. ARTICLE 11 ASSIGNABILITY DENTON BLACK CHAMBER OF COMMERCE shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the CITY. ARTICLE 12 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties fiu-ther agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 13 MISCELLANEOUS A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. B. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton has caused this Agreement to be executed by its duly authorized City Manager, and DENTON BLACK CHAMBER OF COMMERCE has executed this Agreement through its duly authorized undersigned officer on this the day of .2021. CITY OF DENTON SARA HENSLEY, INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY DENTON BLACK CHAMBER OF COMMERCE BY: YY' JOHN "S WITNESS: BY:� N N City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON File #: ID 21-1618, Version: 1 Legislation Text AGENDA CAPTION Consider adoption of an ordinance of the City of Denton granting the Denton Black Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for the Denton Blues Festival, which will be held on Friday, September 17, 2021 from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021 from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; granting an increase in sound levels and a variance in the hours of operation on said dates for Friday from 8:00 a.m. to 8:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 9:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarTl 230 41%,100M DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: David Gaines, Interim Deputy City Manager DATE: August 3, 2021 City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance of the City of Denton granting the Denton Black Chamber of Commerce a noise exception pursuant to Section 17-20 of the City of Denton Code of Ordinances, with respect to sound levels and hours of operation for the Denton Blues Festival, which will be held on Friday, September 17, 2021 from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021 from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; granting an increase in sound levels and a variance in the hours of operation on said dates for Friday from 8:00 a.m. to 8:00 p.m., Saturday from 12:00 p.m. to 11:00 p.m., and Sunday from 10:00 a.m. to 9:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. BACKGROUND The Denton Black Chamber of Commerce requests an exception to the noise ordinance in sound levels from 65 to 70 dba on Friday, September 17, 2021 from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021 from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m. and a variance in hours of operation for amplified sound levels on Saturday, September 18, from 12:00 p.m. to 11:00 p.m., at the Quakertown Park. RECOMMENDATION Staff recommends approval and finds that the noise exception of the Denton Black Chamber of Commerce serves a municipal and public purpose and is in the public's interest. PRIOR ACTION/REVIEW On August 20, 2019, City Council approved an exception to the noise ordinance for the Blues Festival under Ordinance 19-1851. ESTIMATED SCHEDULE OF PROJECT N/A 231 OPERATIONAL IMPACT N/A EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Gary Packan, Parks and Recreation Director Prepared by: Jennifer Eusse, Special Event Supervisor, Parks and Recreation 232 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON GRANTING THE DENTON BLACK CHAMBER OF COMMERCE A NOISE EXCEPTION PURSUANT TO SECTION 17-20 OF THE CITY OF DENTON CODE OF ORDINANCES, WITH RESPECT TO SOUND LEVELS AND HOURS OF OPERATION FOR THE DENTON BLUES FESTIVAL, WHICH WILL BE HELD ON FRIDAY, SEPTEMBER 17, 2021 FROM 8:00 A.M. TO 8:00 P.M., SATURDAY, SEPTEMBER 18, 2021 FROM 12:00 P.M. TO 11:00 P.M., AND SUNDAY, SEPTEMBER 19, 2021 FROM 10:00 A.M. TO 9:00 P.M., AT THE QUAKERTOWN PARK; GRANTING AN INCREASE IN SOUND LEVELS AND A VARIANCE IN THE HOURS OF OPERATION ON SAID DATES FOR FRIDAY FROM 8:00 A.M. TO 8:00 P.M., SATURDAY FROM 12:00 P.M. TO 11:00 P.M., AND SUNDAY FROM 10:00 A.M. TO 9:00 P.M., WITH SOUND NOT TO EXCEED 70 DECIBELS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 17-20 of the Code of Ordinances of the City of Denton, the City Council may make exceptions upon application for sound levels or hours of operation when the public interest will be served thereby; and WHEREAS, the Denton Black Chamber of Commerce has made an application to the City Council for an exception to the provision of Section 17-20 of the Code of Ordinances regarding sound levels and hours of operation, in connection with the Denton Blues Festival annual event held at Quakertown Park, with said request being for the following dates: September 17 — 19, 2021; and WHEREAS, upon prior application and approval by the City Council of the City of Denton, the Denton Black Chamber of Commerce has consistently demonstrated an ability to responsibly operate the Denton Blues Festival at Quakertown Park, at amplified sound levels restricted in Section 17-20 of the Code of Ordinances of the City of Denton, within the public interest, and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof; and WHEREAS, based upon past history, the City Council of the City of Denton, finds that granting a noise exception for this event, subject to the restrictions contained herein, would serve the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Pursuant to Section 17-20 of the Code of Ordinances, the Denton Black Chamber of Commerce is hereby granted an exception to said section's amplified sound prohibition subject to the following restrictions: 1. This exception to the limitations imposed by Section 17-20 of the Code of Ordinances of the City of Denton, is granted only in connection with the operation of the Denton Blues Festival at the Quakertown Park for the following dates: September 17 — 19, 2021. 2. The Denton Black Chamber of Commerce agrees to take full responsibility for ensuring 233 that the conditions of this exception are met and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibilities in the immediate vicinity of the event. 3 The Denton Black Chamber of Commerce agrees to cease using amplified loudspeakers on Friday, September 17, 2021 at 8:00 p.m., Saturday, September 18, 2021 at 11:00 p.m., and Sunday, September 19, 2021, at 9:00 p.m. 4. Under no circumstances shall the Denton Black Chamber of Commerce employ the use of amplified loudspeakers past 8:00 p.m. on Friday, September 17, and 11:00 p.m. on Saturday, September 18, and 9:00 p.m. on Sunday, September 19, 2021. 5. Under no circumstances shall the Denton Black Chamber of Commerce employ the use of amplified loudspeakers that exceeds 70 dba for an outdoor event when measured from the perimeter of the source as measured by an approved measuring instrument. 6. This Ordinance confers no personal or property rights, and may be amended, modified, suspended, or revoked in whole or in part at the will of the City Council of the City of Denton, without any advance warning, hearing, or compensation, for any reason at all, or for no reason. 7. This Ordinance shall be strictly construed as an exception granted pursuant to Section 17- 20 of the Code of Ordinances of the City of Denton. The City of Denton expressly reserves unto itself and all other persons any and all legal remedies, both civil and criminal, relating to excessive noise in connection with this annual event, and hereby disclaims any promissory, or equitable, estoppel which might in any way impede the pursuit of such remedies by any person. SECTION 2. This Ordinance shall be effective immediately upon its passage and approval and shall expire upon the completion of the Denton Blues Festival on Sunday, September 19, 2021, unless sooner repealed, modified, or rescinded. The motion to approve this Ordinance was made by and seconded by . This Ordinance was passed and approved by the following vote - Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: 234 PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY M APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY mm 235 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1628, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship to the North Texas State Fair Association in an amount not to exceed $7,120 of in-kind services and resources for the Annual North Texas Fair and Rodeo Parade, which will be held on Saturday, August 21, 2021, at 10:00 a.m., at the historic downtown square; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 236 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: David Gaines, Interim Deputy City Manager DATE: August 3, 2021 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship to the North Texas State Fair Association in an amount not to exceed $7,120 of in-kind services and resources for the Annual North Texas Fair and Rodeo Parade, which will be held on Saturday, August 21, 2021, at 10:00 a.m., at the historic downtown square; and providing an effective date. BACKGROUND The Annual North Texas Fair and Rodeo Parade is organized by a volunteered supported 501 (c)(3) non- profit community organization that preserves and promotes western heritage and values. The annual event attracts thousands of participants and spectators each year and includes up to 30 floats consisting of car groups, livestock, and individuals. The parade will follow its traditional route from Denton High School to the historic downtown square on Saturday, October 17, 2020, at 10:00 a.m. The North Texas State Fair Association is requesting the City of Denton participate as a sponsor for in-kind services and resources for security services. In exchange for the support, the City of Denton will be considered an event co-sponsor at a level equal to the combined value of in-kind services and fees waived. PRIOR ACTION/REVIEW (Council, Boards. Commissions) On September 15, 2020, City Council authorized a co-sponsorship not to exceed $6,501 under ordinance 20-1749. FISCAL INFORMATION The following table represents the value of fees waived not to exceed $7,120. Police Department $7,120 Value based on 2021 estimated expenses for personnel hours. 237 Including this event, the City Council will have authorized a total of $ 33,645 in co-sponsorship support for community events in the current fiscal year. Exhibit 4 outlines the co -sponsorships awarded to date for the current fiscal year. A provision added to the co-sponsorship letter alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting o f t h e i r e v e n t s. All c o - sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Co-sponsorship Approval Letter Exhibit 4 Year to Date Co -Sponsorship Awards -FY 20/21 Respectfully submitted: Gary Packan, Parks and Recreation Director Prepared by: Jennifer Eusse, Special Event Supervisor 238 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A CITY CO-SPONSORSHIP TO THE NORTH TEXAS STATE FAIR ASSOCIATION IN AN AMOUNT NOT TO EXCEED $7,120 OF IN-KIND SERVICES AND RESOURCES FOR THE ANNUAL NORTH TEXAS FAIR AND RODEO PARADE, WHICH WILL BE HELD ON SATURDAY, AUGUST 21, 2021, AT 10:00 A.M., AT THE HISTORIC DOWNTOWN SQUARE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the North Texas State Fair Association is requesting the City Council of the City of Denton to participate as a co-sponsor for in-kind services and resources for the Annual North Texas Fair and Rodeo Parade ("the Event"), which will be held on Saturday, August 21, 2021, at the historic downtown square; and WHEREAS, the purpose of the North Texas Fair and Rodeo Parade is to preserve and promote an understanding of the agricultural industry; and WHEREAS, the City of Denton will co-sponsor up to $7,120 of in-kind services and resources for the Event, which will include police security; and WHEREAS, in exchange for support, the City of Denton will be considered an event co- sponsor of the North Texas Fair and Rodeo Parade at a co-sponsorship level equal to the total value of the co-sponsorship provided herein; and WHEREAS, the City Council of the City of Denton finds that the co-sponsorship of the North Texas Fair and Rodeo Parade serves a municipal and public purpose, and is in the public's interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council of the City of Denton finds that it is in the public's interest and benefit to the citizens of the City of Denton to participate as a co-sponsor at a level not to exceed $7,120 for in-kind services and resources which include police security, which will be held on Saturday, August 21, 2021, at the historic downtown square and that said participation as a co- sponsor is hereby approved. SECTION 3. This Ordinance shall be effective immediately upon its passage and approval. 239 The motion to approve this Ordinance was made by and seconded by This Ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY mm 240 1 JOF City of Denton Parks and Recreation Department DENTON 601 E. Hickory St., Suite B, Denton, TX 76201 • (940) 349-7275 August 3, 2021 Glenn Carlton Executive Director North Texas State Fair Association Dear Mr. Carlton: We received your co-sponsorship request for $7,120 of in-kind services and resources from the City of Denton for the Annual North Texas Shite Fair and Rodeo Parade, which will be held on Saturday, August 21, 2021, at the historic downtown square. Prior to your request being submitted to Council for approval, we ask that you agree to the below conditions. If approved by Council, receipt of said in-kind services and resources are conditioned upon your compliance with the conditions set forth below. The City of Denton is proud to be a co-sponsor in of support to the event as outlined below. As part of the approval process, City Council may request to see a report of revenues and expenses for the 2021 North Texas State Fair and Rodeo Parade included in future requests. The following is a summary of in-kind support and the co-sponsorship role assumed by the City of Denton and the North Texas State Fair Association. City of Denton Police Department: Personnel Expenses I Estimate Based on 2020 Actuals $7,120 Police Officer In consideration of the above support, the North Texas State Fair Association. (hereby after also referred to as "Event organizers") agrees to the following conditions: 1. Event organizers will provide all planning, management, and organization for the event. 2. Event organizers will submit a completed Special Event Permit Application with a layout of the vendor locations, public safety plan, site map, litter, recycling agreement, and schedule of events to the City's Special Events Supervisor prior to the event. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to host the event as stated in permit applications. The Special Events Supervisor will provide information to help facilitate these processes if needed. 4. Event organizers assume all liability whatsoever in connection with the North Texas State Fair and Rodeo Parade, including but not limited to any damages to City property, whatever OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service ADVEOE/ADEA www.citvofdenton.com TDD (800) 735-2989 241 the cause, while hosting this event, and agrees to reimburse the City for reparations within thirty (30) calendar days of receipt of a notice/invoice. 5. Event organizers will charge and collect all park vendor fees consistent with the City of Denton Parks and Recreation Schedule of Fees Ordinance and remit these fees within five working days after the event. 6. Event organizers and vendors are responsible for their own set-up and take-down, including tents, lighting, etc., before and after the event. The City will not provide labor for vendors. 7. The City of Denton will be recognized as a co-sponsor at the appropriate level in promotional and advertising materials. Use of the City logo must be submitted to the Special Events Supervisor for approval from the Parks and Recreation Department. The City of Denton is excited about the North Texas State Fair and Rodeo Parade and its continued success. Sincerely, Jennifer Eusse, Special Events Supervisor I hereby state that I am a duly authorized representative with the power to agree to the foregoing conditions required for a City of Denton co-sponsorship and hereby do agree to the conditions. Glenn Carlton, Executive Director THIS AGREEMENT HAS BEEN North Texas State Fair Association BOTH REVIEWED AND APPROVED Date as to financial and operational obligations and Gary�usines9?,, Packandm SIGNATURE PRINTED NAME TITLE DEPARTMENT DATE Pzlra CO -SPONSORSHIPS AWARDED TO DATE I FY 20-21 Park Maintenance $3,800.00 $3,800.00 Fred Moore Park $1,425.00 $1,425.00 Janitorial Supplies $100.00 $100.00 Police Officers EMS Services $18,200 $3,000 $18,200.18 $3,000.00 Total City Co-sponsorship Investment $26,525.18 Police Officers $7,120 $7,120.00 Total City Co-sponsorship Investment $7,120.00 Current Fiscal Year Total Co-sponsorship Investment $33,645.18 243 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENTON Legislation Text File #: ID 21-1645, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $25,128 of in-kind services and resources for the Denton Blues Festival, which will be held on Friday, September 17, 2021, from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 244 41%,101M DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: David Gaines, Interim Deputy City Manager DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton approving a City co-sponsorship in an amount not to exceed $25,128 of in-kind services and resources for the Denton Blues Festival, which will be held on Friday, September 17, 2021, from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; and providing an effective date. BACKGROUND The 22nd Annual Denton Blues Festival is organized by the Denton Black Chamber of Commerce, a nonprofit 501(c)(3) organization that serves to preserve the blues and further the reputation of Denton as a music entertainment destination. This event will be held at Quakertown Park on Friday, September 17, 2021 from 8:00 a.m. to 8:00 p.m., Saturday, September 18, 2021 from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m. This free festival will include live music and performances, karaoke, children's activities, arts and crafts, and over 20 booths. Event organizers anticipate 10,000 in attendance. The Denton Black Chamber of Commerce is requesting the City of Denton participate as a co-sponsor for in-kind services and resources for staff, equipment, facilities, security, park maintenance support, solid waste and use of Quakertown Park. In exchange for the support, the City of Denton will be considered an event co-sponsor at a level equal to the value of fees waived. RECOMMENDATION Staff recommends approval and finds the co-sponsorship of the Denton Blues Festival serves a municipal and public purpose and is in the public's interest. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 20, 2019, City Council authorized a co-sponsorship not to exceed $19,352 under ordinance 19-1850. FISCAL INFORMATION The following fees represent the value of in-kind services, personnel, equipment, and resources not to exceed $25,128. Parks and Recreation Department 245 $6,800 Value based on rental fees for Quakertown Park $1,245 Value based on cost of supplies and equipment needed to provide in-kind services $248,900 Value based on expenses for overtime personnel hours Police Department $13,071 Value based on 2021 estimated expenses for regular and overtime personnel hours Denton Municipal Electric $765 Value based on the estimated cost of a truck, fuel Fire/EMS services Denton Solid Waste Department $757.83 Value based on the estimated cost of solid waste. Including this event, the City Council will have authorized a total of $58,773 in co-sponsorship support for community events in the current fiscal year. Exhibit 4 outlines the co -sponsorships awarded to date for the current fiscal year. A provision added to the Co-sponsorship Letter alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. All co - sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Co -Sponsorship Approval Letter Exhibit 4 Year to Date Co -Sponsorship Awards -FY 20/21 Respectfully submitted: Gary Packan, Parks and Recreation Director Prepared by: Jennifer Eusse, Special Event Supervisor, Parks and Recreation 246 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING A CITY CO-SPONSORSHIP IN AN AMOUNT NOT TO EXCEED $25,128 OF IN-KIND SERVICES AND RESOURCES FOR THE DENTON BLUES FESTIVAL, WHICH WILL BE HELD ON FRIDAY, SEPTEMBER 17, 2021, FROM 8:00 A.M. TO 8:00 P.M., SATURDAY, SEPTEMBER 18, 2021, FROM 12:00 P.M. TO 11:00 P.M., AND SUNDAY, SEPTEMBER 19, 2021, FROM 10:00 A.M. TO 9:00 P.M., AT THE QUAKERTOWN PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Black Chamber of Commerce is requesting the City Council of the City of Denton to participate as a co-sponsor for in-kind services and resources for the Denton Blues Festival (the "Festival"), which will be held on Friday, September 17, from 8:00 a.m. to 8:00 p.m., Saturday, September 18, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; and WHEREAS, for the Denton Blues Festival on August 20, 2019, City Council authorized a co-sponsorship not to exceed $19,352 under Ordinance No. 19-1850; and WHEREAS, the purpose of the Denton Blues Festival is to preserve the blues style of music and further the reputation of Denton as a music entertainment destination; and WHEREAS, the City of Denton will co-sponsor up to $25,128 of in-kind services and resources for the Festival, which will include staff, equipment, facilities, security, park maintenance support, solid waste disposal, and use of Quakertown Park; and WHEREAS, in exchange for support, the City of Denton will be considered an event co- sponsor of the Denton Blues Festival at a co-sponsorship level equal to the total value of the co- sponsorship provided herein; and WHEREAS, the City Council of the City of Denton finds that it is in the public's interest and benefit to the citizens of the City of Denton to participate as a co-sponsor at a level not to exceed $25,128 of in-kind services and resources for the Festival which will be held on Friday, September 17, from 8:00 a.m. to 8:00 p.m., Saturday, September 18, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m., at the Quakertown Park; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton finds that it is in the public's interest and benefit to the citizens of the City of Denton to participate as a co-sponsor at a level not to exceed $25,128 for in-kind services, staff, equipment, facilities, security, park maintenance support, solid waste disposal, and use of Quakertown Park for the Festival, which will be held on Friday, September 17, from 8:00 a.m. to 8:00 p.m., Saturday, September 18, from 12:00 p.m. to 11:00 p.m., and Sunday, September 19, 2021, from 10:00 a.m. to 9:00 p.m. and that said participation as a co-sponsor is hereby approved. 247 SECTION 2. This Ordinance shall be effective immediately upon its passage and approval. The motion to approve this Ordinance was made by by following vote - 1: Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse L. Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the ATTEST: ROSA RIOS, CITY SECRETARY and seconded . This Ordinance was passed and approved by the Aye Nay day of Abstain Absent 2021. GERARD HUDSPETH, MAYOR APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY 248 a) N 4calyL City of Denton Parks and Recreation Department DENTON 601 E. Hickory St., suite B, Denton, Tx 76201 • (940) 349-7275 August 3, 2021 John Baines - Treasurer Denton Black Chamber of Commerce Dear Mr. Baines: We received ymw co-sponsorship request for $25,128 of in-kind services and resources from the City of Denton for the Annual Blues Festival, which will be held on Friday, September 17, through Sunday, September 19, 2021, at Quakertown Park. Prior to your request being submitted to Council for approval, we ask that you agree to the below conditions. If approved by Council, receipt of said m -land services and resources are conditioned upon your compliance with the conditions set forth below. The City of Denton is proud to be a co-sponsor in of support to the event as outlined below. As part of the approval process, City Council may request to see a report of revenues and expenses for the 2021 Blues Festival included in future requests. The following is a summary of in-kind support and the co-sponsorship role assumed by the City of Denton and the Denton Black Chamber of Commerce. City of Denton Polio DME, Solid Waste and Parks and Recreation Departments: Fees Waived I Values Based on Schedule of Fees and/or Estimated Actuals $6,800 Value based on meatal fees for Quakertown Park. $1,245 Value based on cost of supplies needed to provide in-kind services. $758 Value based on cost of solid waste. Personnel Expenses 12021 Estimates $13,071 Value based on 2021 estimated expenses for police personnel hours. $2,489 Value based on 2021 estimated expenses for Park Maintenance personnel hours. $755 Value based on the estimated cost of truck, fuel, generator and DME personnel hours. In consideradon of the above support, the Blues Fesdvat the Denton Black Chamber of Commerce (hereby after also referred to as "Event organizers") agrees to the fallowing conditions: 1. Event organizers will provide all planning, management, and organization for the event. OUR CORE VALUES Integrity • Fiscal ReWnsi'bility • Tmasparency • Outstanding Customer Service ADAJ£OEJADEA www.cityofdentou.com TDD ($DD) 735-2989 2. Event organizers will submit a completed Special Event Permit Application with a layout of the vendor locations, public safety plan, site map, litter, recycling agreement, and schedule of events to the City's Special Events Supervisor prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to host the event as stated in permit applications. The Special Events Supervisor will provide information to help facilitate these processes if needed. 4. Event organizers assume all liability whatsoever in connection with the Blues Festival, including but not limited to any dawges to City property, whatever the cause, while hosting this event, and agrees to reimburse the City for reparations within thirty (30) calendar days of receipt of a notice/invoice. 5. Event organizers will charge and collect all park vendor fees consistent with the City of Denton Parks and Recreation Schedule of Fees Ordinance and remit these fees within five working days after the event. 6. Event organizers and vendors are responsible for their own set-up and take -clown, including tents, lighting, etc., before and after the event. The City will not provide labor for vendors. 7. The City of Denton will be recognized as a co-sponsor at the appropriate level in promotional and advertising materials. Use of the City logo trust be submitted to the Special Events Supervisor for approval from the Parks and Recreation Department. The City of Denton is excited about the Denton Blues Festival and its continued success. Sincerely, Jennifer Eusse, Special Events Supervisor state that z is required FA . , a drily authorized representative with the power to agree to the foregoing a City of Denton co-sponsorship and hereby do agree to the conditions. ohr`B ' es - Treasurer ` )mtoi Black Chamber of Commerce Date THIS AGREEMENT HAS BEEN BOTH REVMVMD AND APPROVED as to financial and operational obligations and is teA. SIGN RE PPINTEDNAME TITLE f AW,4r&,Cj EPARTMENT ATE 2 Q U) N Co -Sponsorships Awarded to Date FY 20-21 Event Event Date In -Kind Services Parks and Rec Police Fire 1 Juneteenth June 18-19, 2021 $ 5,325.00 $ 18,200.18 $ 3,000.00 2 North Texas Fair and Rodeo Parade August 21,2021 $ 7,120.00 3 Denton Blues Festival September 17-19,2021 $ 10,533.70 $ 13,071.00 TOTALS $ 15,858.70 $ 38,391.18 $ 3,000.00 N N N Total DME Solid Waste $ 26,525.18 $ 7,120.00 $ 765.03 $ 758.00 $ 25,127.73 $ 765.03 $ 758.00 $ 58,772.91 N N City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: ID 21-1657, Version: 1 AGENDA CAPTION Consider an ordinance ratifying intervention by the City in cases filed before the Public Utilities Commission of Texas regarding the financing of debt obligations from Winter Storm Uri under docket numbers 52321 and 52322; directing the Interim City Attorney to represent the interests of the City in parallel docket 52364; authorizing retention of the firm of Lloyd Gosselink Rochelle & Townsend, P.C., to represent the City in same; and providing an effective date. City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 253 1"I&IMMM DENTON DEPARTMENT: Legal City of Denton AGENDA INFORMATION SHEET City Attorney: Catherine Clifton, Interim City Attorney DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider an ordinance ratifying intervention by the City in cases filed before the Public Utilities Commission of Texas regarding the financing of debt obligations from Winter Storm Uri under docket numbers 52321 and 52322; directing the Interim City Attorney to represent the interests of the City in parallel docket 52364; authorizing retention of the firm of Lloyd Gosselink Rochelle & Townsend, P.C., to represent the City in same; and providing an effective date. BACKGROUND Two cases have been filed with the Public Utilities Commission of Texas ("PUCT") relating to the ERCOT securitization of debt obligations arising from Winter Strom Uri. The City has intervened in both cases to preserve the ability of the City to take action where the interests of the City and Denton Municipal Electric ratepayers may be affected. A third docket has been created before the PUCT for ERCOT market participants to make elections to participate in securitization or make claims within the process. OPTIONS 1. Approve the ordinance to ratify the intervention and represent the City's interests in the ERCOT debt obligation securitization 2. Decline to participate in the PUCT dockets RECOMMENDATION Approve the ordinance to ratify the intervention and represent the City's interests in the ERCOT debt obligation securitization ESTIMATED SCHEDULE OF PROJECT July 27, 2021 through December 31, 2021. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None FISCAL INFORMATION The legal services will be funded from Denton Municipal Electric Power Supply Administration Operating Account. 254 EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully submitted: Catherine Clifton Interim City Attorney 255 ORDINANCE NO. AN ORDINANCE RATIFYING INTERVENTION BY THE CITY IN CASES FILED BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS REGARDING THE FINANCING OF DEBT OBLIGATIONS FROM WINTER STORM URI UNDER DOCKET NUMBERS 52321 AND 52322; DIRECTING THE INTERIM CITY ATTORNEY TO REPRESENT THE INTERESTS OF THE CITY IN PARALLEL DOCKET 52364; AUTHORIZING RETENTION OF THE FIRM OF LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C. TO REPRESENT THE CITY IN SAME; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ERCOT has applied for a debt obligation order, assigned Docket Number 52321, for default balances created by competitive wholesale market participants due to Winter Storm Uri, Congestion Revenue Right auction revenue used to temporarily reduce debt, and costs incurred to implement a debt obligation order; and WHEREAS, ERCOT has applied for a debt obligation order, assigned Docket Number 52322, for uplift balances consisting of the eligible costs of any Load Serving Entity incurred during Winter Storm Uri for Reliability Deployment Price Adder charges and Ancillary Service costs; and WHEREAS, the City, through Denton Municipal Electric ("DME"), and the DME ratepayers may potentially be affected by these cases; and WHEREAS, the City received notification on July 20, 2021 of the intervention deadline of July 27, 2021 for Docket Numbers 52321 and 52322; and WHEREAS, the City intervened in these dockets to preserve the interests of the City and DME ratepayers; and WHEREAS, the Public Utilities Commission of Texas ("PUCT") has granted ERCOT's request to create parallel docket (Docket No. 52364) for parties to either opt -out of Uplift charges or submit evidence showing entitlement to the Uplift Balance financing proceeds; and WHEREAS, the City Council hereby finds and concludes that the law firm of Lloyd, Gosselink, Rochelle & Townsend, P.C., is appropriately qualified on the basis of demonstrated competence, knowledge, and qualifications to be retained as outside legal counsel for the City; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the procurement of professional legal services contemplated herein; and WHEREAS, the City finds it is in the public interest of the DME ratepayers to intervene in these proceedings to ensure representation of the interests of the City and the DME ratepayers may be considered; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. 256 SECTION 2. The City's intervention in PUCT Docket Numbers 52321 and 52322 is hereby ratified and approved, and the Interim City Attorney is authorized to represent the interests of the City therein. SECTION 3. The Interim City Attorney is authorized to intervene and represent the interests of the City in PUCT Docket Number 52364. SECTION 4. The Interim City Attorney is authorized to use the services of the law firm of Lloyd Gosselink Rochelle & Townsend, P.C., to represent the City in these proceedings and to execute engagement letter(s) related thereto. SECTION 5. Any previous expenditures regarding these proceedings are hereby confirmed, ratified, and approved, and the expenditure of funds in accordance with the City Manager's expenditure authority for these proceedings is hereby authorized. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by The ordinance was passed and approved by the following vote Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of August, 2021. GERARD HUDSPETH, MAYOR 257 ATTEST: ROSA RIOS, CITY SECRETARY m. APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY / Digitally signed by Catherine Clifton ou=Deparal ent and Gro dc=coded, INJ: do=comm dc=cit Users Government, ou=Legal, Gowrnmentd u=Leg, —Catherine cn=Catherine Clikon, BY: email=Catherine.Clifton@cityofdenton.com Date: 2021.07.3013:05:56 -05'00' 258 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: A21-0001, Version: 1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas regarding a Municipal Services Agreement, pursuant to Tex. Loc. Govt. Code Sec. 43.0672, between the City of Denton and the Harris Ranch Ownership as defined herein for the provision of City services to approximately 247.78 acres of land, generally located on the southwest corner of I-35 North and the future extension of Loop 288; approving a schedule of annexation; authorizing the City Manager to execute the agreement, and providing an effective date. (A21-0001, Harris Ranch, Ron Menguita) City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 259 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Consider adoption of an ordinance of the City of Denton, Texas regarding a Municipal Services Agreement, pursuant to Tex. Loc. Govt. Code Sec. 43.0672, between the City of Denton and the Harris Ranch Ownership for the provision of City services to approximately 247.78 acres of land, generally located on the southwest corner of I-35 North and the future extension of Loop 288; approving a schedule of annexation; authorizing the City Manager to execute the agreement, and providing an effective date. (A21- 0001, Harris Ranch, Ron Menguita) BACKGROUND The applicant Dennis Chovan of Halff & Associates Inc., on behalf of the property owners, Robert W. Harris in his individual capacity and as Trustee for the Robert W. Harris Heritage Trust; Richard A. Harris III, as Trustee for the Richard A. Harris III Investment Trust; Lisa J. Harris, as Trustee for the Lisa J. Harris Investment Trust; Joneel J. Harris, as Trustee for the Richard A. Harris Jr. & Joneel J. Harris Living Trust; Joneel J. Harris, as Trustee of the Marital Trust created under the Richard & Joneel Harris Living Trust (hereafter collectively referred to as "Harris Ranch Ownership") has submitted a petition for voluntary annexation of approximately 247.78 acres of land. This voluntary annexation complies with Subchapter C- 3, Chapter 43 of the Texas Local Government Code. The subject property is currently under multiple Non -Annexation Agreements (HAAs), Ordinance 20-2081. If the petition to annex is approved, the NAAs will be become null and void. The Future Land Use designation for the subject property is Business Innovation. Business Innovation is intended for large tracts of land that are appropriate for well-planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus -like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. Upon annexation, the applicant intends to submit an initial zoning application to designate the subject property to a Zoning District that will permit a Light Industrial use. In addition, the applicant will be 260 submitting a Zoning Change request for existing properties currently in the City of Denton along I-35 N, owned by the Harris Ranch Ownership. Ultimately zoning the entire Harris Ranch properties to Light Industrial. As part of the applicant's Pre -application Conference (PAC21-0087), the applicant submitted a Conceptual Site Plan that shows 7 Logistics Center buildings totaling 4,098,880 square feet proposed on approximately 280 acres. Five buildings are proposed on the east side of the railroad and two buildings are proposed on the west side. A railroad crossing is proposed along the north side of the property, close to where Loop 288 is proposed to extend west. Refer to Exhibit 4 - Conceptual Site Plan. The subject property is surrounded by the City of Denton. The property has a gas well plat (GWDP11- 0004) approved for a portion of the property as well numerous existing gas wells spread across two drilling sites within the limits of the property. There is also a single plugged gas well located on the property. Currently there are no utility services (water and wastewater) serving the site. Future development will have to extend utility services to the property. The size and extend of the services will be determined during the preparation of civil engineering plans and platting of the development. There are no FEMA designations on the property. There are several existing ponds on site. The area near the larger existing gas well drilling sites is proposed to be where the shared detention pond for the development will be located. There are Environmentally Sensitive Area (ESA) - Riparian Buffers designated within the property. The applicant was informed by staff to perform an ESA Assessment to determine if the ESA — Riparian Buffer designations are accurate. If so, any encroachment/development over any Riparian Buffer will require approval of an Alternative ESA Plan by the City Council. The subject property is bordered by I-35 N to the east and the future extension of Loop 288 to the north. Per the Conceptual Site Plan, if developed immediately, access to the property will be primarily from I-35 N, with future access to Loop 288 when the Loop is extended. Due to recent changes in annexation law, under Subchapter C-3 (TXLGC Sec. 43.0672) a municipality that elects to annex an area upon request of owners much first negotiate and enter into a written Service Agreement with the owners of the land in the area for the provision of services in the area. Prior to these changes to the annexation laws a Service Plan was required in lieu of a formal Service Agreement. The attached Municipal Services Agreement contains the City's standard Service Plan for annexations regarding streets, water, wastewater, police and fire protection, and park services. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action October 20, 2020 City Council Multiple Non -Annexation Approved Agreements, Ordinance 20-2081 EXHIBITS 1. Agenda Information Sheet 2. Site Location Map 3. Conceptual Site Plan 4. Draft Municipal Services Agreement Ordinance 5. Presentation Respectfully submitted: Hayley Zagurski, AICP 261 Interim Planning Director Prepared by: Ron Menguita, AICP Principal Planner 262 AM LXuI 5R17�3 ..�.. .,� PRIVATE. UAW S711L P. "TRACT II" DGH RESOURCES, LLC ET AL TO WESTVIEW COMMERCIAL,\LP DOC. #2006-119845 \ R.P.R.D.C.T. x AUSTIN G. BAKER AND NANCY J. BAKER TO BAKER FAMILY PARTNERS, LTD. VOL. 5166, PG. 2876 R.P.R.D.C.T. HARRIS RANCH SITE PLAN 111 = 200'-0" N 89°35'35" W 1262.86' 30' PIPELINE EASEMENI VOL. 5427, PG. 811 LAND USE AREA SUMMARY LC 1 BUILDING AREA = 1,076,320 S.F. SITE AREA = 59.9 ACRES LC 2 BUILDING AREA = 243,360 S.F. SITE AREA = 18.1 ACRES LC 3 BUILDING AREA = 798,000 S.F. N 0 39.6 ACRES LC 4 BUILDING AREA = 728,000 S.F. r1_ LU SITE AREA = 38.6 ACRES LC 5 BUILDING AREA = 381,920 S.F. —�� SITE AREA = LOGISTICS CENTER �— — — —�k4— > z Q N N> W oU�Xo_ SITE AREA = 19.1 ACRES 4 BUILDING AREA = 611,520 S.F. 4 -- SITE AREA = 34.8 ACRES 620 X 1736 SITE AREA = 15.8 ACRES AREA OVERALL TOTAL BUILDING AREA = 4,098,880 S.F. SITE 1_ 256.7 ACRES 1,076,320 SFS _1 o 40'CLR.J�J—J Lo ——HH—H444+44�J— VJ I- 4__F f- + --i- 4 -I b cn - 1 - �1- i-- I- -1-4- + -4- 4 --1- --1-1 J�J�J O co —J—f--J JfiJ�J�J ar o _ 1736' J�tttIJIJ J JBAYS@56'- J—_J-_-J_It } JI_JI_J_ � I I I B— I I I I I I I I I I I I I I I I I I I i I I I I I 0 Ln LAND USE AREA SUMMARY LC 1 BUILDING AREA = 1,076,320 S.F. SITE AREA = 59.9 ACRES LC 2 BUILDING AREA = 243,360 S.F. SITE AREA = 18.1 ACRES LC 3 BUILDING AREA = 798,000 S.F. N SITE AREA = 39.6 ACRES LC 4 BUILDING AREA = 728,000 S.F. r1_ LU SITE AREA = 38.6 ACRES LC 5 BUILDING AREA = 381,920 S.F. = N SITE AREA = 30.8 ACRES LC 6 BUILDING AREA = 189,280 S.F. > z Q N N> W oU�Xo_ SITE AREA = 19.1 ACRES LC 7 BUILDING AREA = 611,520 S.F. SITE AREA = 34.8 ACRES COMMON SITE AREA = 15.8 ACRES AREA OVERALL TOTAL BUILDING AREA = 4,098,880 S.F. SITE TOTAL SITE AREA = 256.7 ACRES Z U Z Q � (1313 — Un 0 � Z� w O ry ^W n THIS ELECTRONIC FILE IS RELEASED UNDER THE AUTHORITY OF , RA NO. ON WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC FILE MAY BE USED AS A BACKGROUND DRAWING PURSUANT TO RULE 1.103 (b) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS. THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTANT WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE ANY MODIFICATIONS TO THIS ELECTRONIC DRAWING FILE WITHOUT THE ARCHITECT'S EXPRESS WRITTEN PERMISSION. AVO: r` O N Drawn By: Q � Checked By: OL0 lY Scale: r1_ LU LL J W Q < C/)wo�2 °~��° m z4�LL 0 = N Q H (n C� I� J 0 < CO 0 of W > z Q N N> W oU�Xo_ ���� ONE 11w THIS ELECTRONIC FILE IS RELEASED UNDER THE AUTHORITY OF , RA NO. ON WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC FILE MAY BE USED AS A BACKGROUND DRAWING PURSUANT TO RULE 1.103 (b) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS. THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTANT WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE ANY MODIFICATIONS TO THIS ELECTRONIC DRAWING FILE WITHOUT THE ARCHITECT'S EXPRESS WRITTEN PERMISSION. AVO: P45168 Issued: Issue Date Drawn By: Author Checked By: Checker Scale: As indicated Sheet Title ARCHITECTURAL SITE PLAN A001 Sheet Number 0 �L VJ d O ar ca � c 0 Ln o z THIS ELECTRONIC FILE IS RELEASED UNDER THE AUTHORITY OF , RA NO. ON WHO MAINTAINS THE ORIGINAL FILE. THIS ELECTRONIC FILE MAY BE USED AS A BACKGROUND DRAWING PURSUANT TO RULE 1.103 (b) OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS. THIS DOCUMENT IS NOT FOR REGULATORY APPROVAL, PERMITTING, OR CONSTRUCTION. THE USER OF THIS ELECTRONIC DRAWING FILE AGREES TO ASSUME ALL RESPONSIBILITY FOR ANY MODIFICATION TO OR USE OF THIS DRAWING FILE THAT IS INCONSISTANT WITH THE REQUIREMENTS OF THE RULES AND REGULATIONS OF THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS. NO PERSON MAY MAKE ANY MODIFICATIONS TO THIS ELECTRONIC DRAWING FILE WITHOUT THE ARCHITECT'S EXPRESS WRITTEN PERMISSION. AVO: P45168 Issued: Issue Date Drawn By: Author Checked By: Checker Scale: As indicated Sheet Title ARCHITECTURAL SITE PLAN A001 Sheet Number ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A MUNICIPAL SERVICES AGREEMENT, PURSUANT TO TEX. LOC. GOV. CODE SEC. 43.0672, BETWEEN THE CITY OF DENTON AND THE HARRIS RANCH OWNERSHIP AS DEFINED HEREIN FOR THE PROVISION OF CITY SERVICES TO APPROXIMATELY 247.78 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF I-35 NORTH AND THE FUTURE EXTENSION OF LOOP 288; APPROVING A SCHEDULE OF ANNEXATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (A21-0001) WHEREAS, the applicant Dennis Chovan of Halff & Associates Inc., on behalf of the property owners, Robert W. Harris in his individual capacity and as Trustee for the Robert W. Harris Heritage Trust; Richard A. Harris III, as Trustee for the Richard A. Harris III Investment Trust; Lisa J. Harris, as Trustee for the Lisa J. Harris Investment Trust; Joneel J. Harris, as Trustee for the Richard A. Harris Jr. & Joneel J. Harris Living Trust; Joneel J. Harris, as Trustee of the Marital Trust created under the Richard & Joneel Harris Living Trust (hereafter collectively referred to as "Harris Ranch Ownership" or "Owner"), has submitted a petition for voluntary annexation of approximately 247.78 acres of land in Denton County, Texas as described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the City of Denton must first negotiate a written Services Agreement with the Owner of the real property subject to a petition for voluntary annexation, pursuant to Tex. Loc. Govt. Code Sec. 43.0672, that contains (1) the services that the City of Denton will provide on the effective date of the annexation and (2) a schedule that includes the period within which the City of Denton will provide each service that is not provided on the effective date of the annexation; and WHEREAS, the City of Denton and the Owner have come to an agreement about the provision of full services to the Property following the annexation of the Property; and WHEREAS, the City Council of the City of Denton finds it to be in the best interest of the citizens of Denton to enter into a Municipal Services Agreement with the Owner; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Municipal Services Agreement ("Agreement"), made in accordance with applicable provisions of state law pertaining to annexation, is approved and attached hereto as Exhibit B and is made a part hereof for all intents and purposes. SECTION 3. The City Manager, or designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City of Denton under the Agreement. 265 SECTION 4. The schedule of annexation attached hereto as Exhibit C is approved and adopted for this annexation. SECTION 5. Should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall be affected thereby. SECTION 6. This Ordinance shall be effective immediately upon its passage and approval. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote r - 1: Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Allison Maguire, District 4: Deb Arm ntor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this, the day of , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Hilary Negron 2021.07.30 16:01:47 BY: -05'00' Page 2 of 2 266 Exhibit A Legal Description 267 LEGAL DESCRIPTION TRACT 1 BEING a 192.53 acre tract of land situated in the Robert Whitlock Survey, Abstract Number 1403, N. Wade Survey, Abstract Number 1407, and the B.B.B and C.R.R. Company Survey, Abstract Number 141, Denton County, Texas, and being part of a called 75.492 acre tract of land described as "Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in Document Number 2012-139301 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and part of a called 7.937 acre tract of land described in Warranty Deed to Robert W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., and part of the tracts of land described as "Parcel I", "Parcel II" and "Parcel III" in Special Warranty Deed to Robert Woodson Harris, as recorded in Document Number 2012-139304, R.P.R.D.C.T., and part of a called 8.000 acre tract of land described as "Tract II" in Special Warranty Deed to Lisa J. Harris Trust, as recorded in Document Number 2018-118132, R.P.R.D.C.T., and part of a called 8.000 acre tract of land described as "Tract III" in Special Warranty Deed to Richard A. Harris, III Investment Trust, as recorded in Document Number 2018-118133, R.P.R.D.C.T., and part of a called 6.362 acre tract of land described as "IV" in Special Warranty Deed to Richard and Joneel Harris Living Trust, as recorded in Document Number 2018-118131, R.P.R.D.C.T., and part of the remainder of a called 13.071 acre tract of land described in Warranty Deed to Richard A. Harris, Jr., in Clerk's File Number 93-43111, R.P.R.D.C.T., and part of a called 129.005 acre tract of land described as "Parcel 3" in Special Warranty Deed to Joneel J. Harris, as recorded in Document Number 2021-6959, R.P.R.D.C.T., and being more particularly described as follows: COMMENCING at the northeast corner (not monumented) of Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner of a said 7.937 acre tract, said corner being on the west right-of-way line of Interstate Highway 35 (a variable width right-of-way); THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre tract, a distance of 601.17 feet to the POINT OF BEGINNING, THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre tract and the south line of said 75.492 acre tract, a distance of 2,334.61 feet to the southwest corner of said 75.492 acre tract, said corner being on the east right-of- way line of Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right- of-way); THENCE with the east right-of-way line of said G.C. & S.F. RR., the following bearings and distances: North 09 degrees 15 minutes 33 seconds West, along the west line of said 75.492 acre tract, a distance of 192.20 feet to a point for corner; Page 1 of 6 268 North 16 degrees 14 minutes 37 seconds West, continuing along said west line and the west line of the aforementioned 129.005 acre tract, a distance of 1,436.24 feet to a point for corner, said corner being the point of curvature of a non -tangent circular curve to the left, having a radius of 8,669.40 feet, whose chord bears North 18 degrees 05 minutes 55 seconds West, a distance of 548.81 feet,- Northerly, eet; Northerly, along the west line of said 129.005 and said curve, through a central angle of 03 degrees 37 minutes 40 seconds, an arc distance of 548.90 feet to a point for corner; North 27 degrees 34 minutes 40 seconds West, along the west line of said 129.005, a distance of 205.40 feet to a point for corner, said corner being the point of curvature of a non -tangent circular curve to the left, having a radius of 8,644.40 feet, whose chord bears North 22 degrees 21 minutes 39 seconds West, a distance of 331.59 feet; Northerly, along said west line and said curve, through a central angle of 02 degrees 11 minutes 53 seconds, an arc distance of 331.61 feet to a point for corner; North 23 degrees 24 minutes 20 seconds West, along said west line, a distance of 473.95 feet to a point for the northwest corner of said 129.005 acre tract; THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said 129.005 acre tract, passing at a distance of 1,635.17 feet to the northwest corner of a called 2.219 acre tract of land described as "Parcel 25B Part 2" in Possession and Use Agreement for Transportation Purposes with Additional Payment of Independent Consideration to the State of Texas, as recorded in Document Number 2020-178861, R.P.R.D.C.T., and continuing along the north line of said 2.219 acre tract, passing at a distance of 3,143.50 feet to the northeast corner of said 2.219 acre tract and the northwest corner of the aforementioned 6.362 acre tract, and continuing along the north line of said 6.362 acre tract, in all a total distance of 3,411.00 feet to a point for corner; THENCE South 06 degrees 23 minutes 23 seconds East, departing the north line of said 6.362 acre tract, and over and across said 6.362 acre tract, the aforementioned 8.000 acre tract and the aforementioned 129.005 acre tract, a distance of 1,146.27 feet to a point for corner on the east line of said 129.005 acre tract and the north line of the aforementioned 8.00 acre tract; THENCE North 89 degrees 52 minutes 08 seconds West, along the east line of said 129.005 acre tract and the north line of said 8.00 acre tract, a distance of 302.81 feet to a point for corner; Page 2 of 6 269 THENCE South 03 degrees 26 minutes 23 seconds East, departing said east and north line, and over and across said 8.00 acre tract, the aforementioned remainder of 13.071 acre tract, the aforementioned 11.615 acre tract, the aforementioned 75.492 acre tract, and the aforementioned 7.937 acre tract, a distance of 1,860.00 feet to the POINT OF BEGINNING AND CONTAINING 192.53 acres (8,386,448 square feet) of land, more or less. Page 3 of 6 270 TRACT 2 BEING a 55.25 acre tract of land situated in the Robert Whitlock Survey, Abstract Number 1403, Denton County, Texas, and being all of a called 33.417 acre tract of land described as "Parcel 2" and all of a called 21.776 acre tract of land described as "Parcel 1" in Special Warranty Deed to Joneel J. Harris, successor trustee of the martial trust created under the Richard and Joneel Harris living trust dated October 26, 2017, as recorded in Document Number 2021-6959 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows: COMMENCING at the northeast corner (not monumented) of Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner of a called 7.937 acre tract of land described in Warranty Deed to Robert W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., said corner being on the west right-of-way line of Interstate Highway 35 (a variable width right- of-way),- THENCE ight- of-way); THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre tract and the south line of a called 75.492 acre tract of land described as "Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in Document Number 2012-139301, R.P.R.D.C.T. and over and across Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right-of-way), a distance of 3,067.77 feet to the southeast corner of said 33.417 acre tract for the POINT OF BEGINNING; THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 33.417 acre tract, a distance of 1,262.98 feet to the southwest corner of said 33.417 acre tract; THENCE North 00 degrees 00 minutes 32 seconds East, along the west line of said 33.417 acre tract and said 21.776 acre tract, a distance of 3,013.24 feet to the northwest corner of said 21.776 acre tract; THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said 21.776 acre tract, a distance of 245.19 feet to the northeast corner of said 21.776 acre tract, said corner being on the west right-of-way line of said G.C. & S.F. RR.; THENCE with the west right-of-way line of said G.C. & S.F. RR., the following bearings and distances: South 23 degrees 24 minutes 20 seconds East, along the east line of said 21.776 acre tract, a distance of 529.19 feet to a point for corner, said corner being the point of curvature of a non -tangent circular curve to the right, having a radius of 8,519.40 feet, whose chord bears South 19 degrees 49 minutes 52 seconds East, a distance of 1,078.54 feet; Page 4 of 6 271 Southerly, along the east line of said 21.776 and said curve, through a central angle of 07 degrees 15 minutes 30 seconds, an arc distance of 1,079.26 feet to a point for corner; South 16 degrees 14 minutes 37 seconds East, along the east line of said 21.776 and the aforementioned 33.417 acre tract, a distance of 1,577.33 feet to the POINT OF BEGINNING AND CONTAINING 55.25 acres (2,406,814 square feet) of land, more or less. NOTE: This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the annexation for which it was prepared. This survey is an office survey and was prepared with the deed of records found on the Denton County Appraisal District. The Basis of Bearing: The north line of the Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet H, Page 224 of the Plat Records of Denton County, Texas with the bearing of North 89 degrees 51 minutes 30 seconds West. This document shall not be recorded for any purposes. Getsy J. Suthan, R.P.L.S. Texas Registration No. 6449 HALFF ASSOCIATES, INC. 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 TEL (214) 346-6200 TBPELS FIRM NO. 10029600 Date Pagc 5 of 6 272 Exhibit B Municipal Services Agreement 273 MUNICIPAL SERVICES AGREEMENT This Municipal Service Agreement ("Agreement") is entered into this 3rd day of August 2021, by and between and the City of Denton, a Texas home -rule municipality ("City"), and the property owners, Robert W. Harris in his individual capacity and as Trustee for the Robert W. Harris Heritage Trust; Richard A. Harris III, as Trustee for the Richard A. Harris III Investment Trust; Lisa J. Harris, as Trustee for the Lisa J. Harris Investment Trust; Joneel J. Harris, as Trustee for the Richard A. Harris Jr. & Joneel J. Harris Living Trust; Joneel J. Harris, as Trustee of the Marital Trust created under the Richard & Joneel Harris Living Trust (hereafter collectively referred to as "Harris Ranch Ownership" or "Owner"). RECITALS: WHEREAS, Section 43.0671 of the TLGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Owner owns eight (8) tracts of land, totaling approximately 280 acres of land (the "Full Project Area"), of which approximately 247.78 acres are located in the City's extraterritorial jurisdiction, as described in Exhibit A and depicted in Exhibit B, incorporated herein by reference ("the Property"); and WHEREAS, the Owner has filed a written petition with the City for voluntary annexation of the Property, identified as Annexation Case No. A21-0001 ("Annexation Case"); and WHEREAS, the City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; and WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Denton City Council. NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. 1 274 3. MUNICIPAL SERVICES. Commencing on the effective date of annexation, City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services available by any method or means by which the City makes such municipal services available to any other area of the City, including per the City's infrastructure extension policies, ordinances, and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. A. Police Police protection from City's Police Department shall be provided to the area annexed at a level consistent with current methods and procedures presently provided to areas with similar topography, land use, and population density, on the effective date of the ordinance. Some of these services include: Normal patrols and responses; 2. Handling of complaints and incident reports; 3. Special units, such as traffic enforcement, investigations and special weapons; and 4. Coordination with other public safety support agencies. As development commences in these areas, sufficient police protection, including personnel and equipment will be provided to furnish these areas with the level of police services consistent with other areas in the City having similar characteristics of topography, land use, and population density. Upon ultimate development, police protection will be provided at a level consistent with other areas within the city limits having similar characteristics of topography, land use, and population density. B. Fire Protection The Denton Fire Department (DFD) will provide emergency and fire prevention services to the annexation area. These services include: Fire suppression and rescue; 2. Pre -hospital medical services including triage, treatment and transport by Advanced Life Support (ALS) fire engines, trucks and ambulances; 3. Hazardous materials response and mitigation; 4. Emergency prevention and public education efforts; 5. Technical rescue response; and 6. Construction Plan Review and required inspections. Fire protection from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to areas of the City of Denton having similar characteristics of topography, land use, and population density, on the effective date of the ordinance. 275 As development commences in these areas, sufficient fire protection, including personnel and equipment will be provided to furnish these areas with the level of services consistent with other areas having similar characteristics of topography, land use, and population density. It is anticipated that fire stations planned to serve areas currently within the City of Denton will be sufficient to serve areas now being considered for annexation. Upon ultimate development, fire protection will be provided at a level consistent with other areas within the city limits having similar characteristics of topography, land use, and population density. C. Emereency Medical Service The Denton Fire Department (DFD) will provide the following emergency and safety services to the annexation area. These services include: 1. Emergency medical dispatch and pre -arrival First Aid instructions; 2. Pre -hospital emergency Advanced Life Support (ALS) response; and transport; 3. Medical rescue services. Emergency Medical Services (EMS) from the City of Denton shall be provided to the areas annexed at a level consistent with current methods and procedures presently provided to areas of the City of Denton having similar characteristics of topography, land use, and population density, on the effective date of the ordinance. As development commences in these areas, sufficient EMS, including personnel and equipment will be provided to furnish these areas with the level of services consistent with other areas of the City having similar characteristics of topography, land use, and population density. Upon ultimate development, EMS will be provided at a level consistent with other within the city limits having similar characteristics of topography, land use, and population density. D. Solid Waste The City of Denton is the sole provider of solid waste and recycling collection services to all residents, and sole provider for trash collection service to commercial entities in the City. Recycling collection services for commercial entities are managed on the open market, and the City of Denton is one option for service provision. Solid waste and recycling collection services will be provided to the newly annexed property immediately upon the effective date of the annexation at a level consistent with current methods and procedures presently provided to areas within the city having similar characteristics of topography, land use, and population density. Customers receiving their existing services from private solid waste collection service providers operating in the affected area immediately prior to annexation may continue to utilize their existing service for up to 2 years in accordance with Texas Local Government Code. Should that private service end 276 prior to the expiration of the two (2) year term, the customer must initiate solid waste and recycling services with the City of Denton, pursuant to Chapter 24 of the Code of Ordinances. E. Wastewater Facilities The proposed annexation area is located within the City of Denton Sewer Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 20072, as issued by the Texas Commission on Environmental Quality (TCEQ). As development commences in these areas, sanitary sewer mains will be extended in accordance with the provisions of the Denton Development Code, Water/Wastewater Criteria Manual, ordinances and regulations. If required, City participation in the costs of these extensions shall be in accordance with applicable City ordinances and regulations. Capacity shall be provided consistent with other areas having similar characteristics of topography, land use, and population density. The sanitary sewer infrastructure shall be compatible and consistent with the City's wastewater master plan. Upon annexation, sanitary sewer mains and lift stations which are located within dedicated utility easements, public rights-of-way, or any other acceptable locations approved by the Director of Water Utilities, shall be maintained by the City on the effective date of this ordinance, if installed or improved to City standards within the annexed areas. Operation and maintenance of wastewater facilities and infrastructure lying within the service area of another water utility will be the responsibility of that utility. Similarly, operation and maintenance of private wastewater facilities will be the responsibility of the private property owner. F. Water Facilities The annexation area is located within the City of Denton Water Service Area as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as issued by the Texas Commission on Environmental Quality (TCEQ). Connections to existing City of Denton water distribution mains for water service will be provided in accordance with the Denton Development Code, associated Water/Waste Water Criteria Manual, and existing City ordinances and policies. Upon connection to existing distribution mains, water service will be provided at rates established by city ordinance. As new development occurs within these areas, extensions of water distribution mains if required, cost participation shall be in accordance with the Denton Development Code, Water/Wastewater Criteria Manual, and with existing City ordinances and policies. Water service capacity shall be provided consistent with service to areas of the City having similar 4 4&A characteristics of topography, land use and population density. The water infrastructure shall be compatible and consistent with the City's water master plan. Operation and maintenance of water facilities and infrastructure that lie within the service area of another water utility will be the responsibility of that utility. Existing developments, businesses or homes that are on individual water wells or private water systems will be allowed to remain on those systems until a request for water service is made to the City. These requests for service will be handled in accordance with the applicable utility service line extension and connection policies currently in place at the time the request for service is received. G. Roads and Streets Emergency street maintenance, defined as repairs necessary to prevent imminent damage or injury to the health or safety of the public or any person, as determined by the Director of Public Works, shall be provided within the annexation area upon the effective date of the annexation ordinance. Routine maintenance will be provided within the annexation areas and will be scheduled as part of the City's annual program, in accordance with the current policies and procedures defined by ordinance, or otherwise established by the City Council. Any construction or reconstruction will be considered within the annexation area on a Citywide basis and within the context of the City's Capital Improvement Plan and/or yearly fiscal budgetary allotments by the City Council. Roadway signage and associated posts will be replaced in priority of importance starting with regulatory signs, then warning signs, then informational signs, in conformance with fiscal allotments by the City Council. If an existing sign remains, it will be reviewed and placed on the City's inventory listing for routine replacement, based upon an engineering study. New signs will be installed when necessary, based upon an engineering study. Routine maintenance of road/street markings will be evaluated and scheduled within the yearly budgetary allotments by the City Council. H. Drainage Connections to existing City of Denton drainage facilities will be provided in accordance with the Denton Development Code, associated Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage fees will be assessed at the rates established by city ordinance and will be charged on the utility bill after annexation. All runoff, whether directly tied into the system or not, impacts the system and will be charged. As new development occurs within these areas, drainage facilities will be extended or improved by the developer. Any cost participation shall be in accordance with the Denton Development Code, Stormwater Criteria Manual, and with existing City ordinances and policies. Drainage facilities extended by the City will have to be a Capital Improvement Project (CIP) project and bonds will need to be sold. Drainage capacity shall be provided 5 278 consistent with other areas of the City having similar characteristics of topography, land use and population density. Existing developments, businesses or homes that are on existing drainage systems will be allowed to continue to remain on these systems until a request for drainage facilities is made to the City. Any requests for City improvements to existing drainage facilities will be handled in accordance with the applicable extension and connection policies currently in place at the time the request for improved drainage facilities is received by the City. These will be ranked in the CIP project matrix, in accordance with the City Drainage Plan. I. Electric The proposed annexation area will be served with electricity distribution service in the most cost-effective manner; provided, however, that before Developer and/or the District may enter into a contract with an electricity distribution service provider, (i) Developer and/or the District shall provide the City with any and all bona fide offers that Developer and/or the District have received from electricity distribution service providers that can legally serve the District and (ii) the City shall have 30 business days to provide to Developer and/or the District Denton Municipal Electric's ("DME") offer to provide distribution electricity service to the District; and provided further, that if DME's offer is substantially similar to the most cost-effective offer from another distribution electricity service provider that can legally serve the District, then Developer and/or the District will obtain electricity distribution service from DME. The term "substantially similar" means that the terms of the offers provide the approximately the same level of service at approximately the same start-up cost to Developer. Electric rates applicable to customers within the District will be pursuant to the then applicable DME rates as approved by the Denton City Council. Such electricity service offers will be based upon the following terms: 1. The electricity distribution service provider will extend electric distribution facilities as necessary to serve full development of the Land. The electricity distribution service provider will evaluate the cost associated with service extension through the undeveloped area to determine if Aid -in -Construction is required. The electricity distribution service provider is responsible for installation of all primary -voltage electrical cables, transformers, switchgear, streetlight poles and LED streetlight fixtures, streetlight cables, single-family residential services, and other necessary electric distribution and transmission system equipment in compliance with Electric Service Standards and Line Extension Policies currently in place at the time of development, whether onsite or offsite as necessary to provide adequate and reliable electric service to the Land. 2. Developer will provide all on-site public utility easements to the electricity distribution provider that are necessary to protect, install, safely operate and maintain the electric infrastructure, at no cost to the City. PUEs will be 8 feet in width adjacent to street rights-of-way in single family residential 2 279 areas, and 15 feet in width adjacent to Primary and Secondary Arterial rights-of-way (20 feet where duct banks are required). Easements will be conveyed through the platting process unless the electricity distribution service provider requests an easement be transferred by separate instrument. The provider agrees to joint trench installation of other franchised utilities such as telephone, cable tv, fiber optic cables, or other non -gas utilities within the designated public utility easements as long as those utilities are on an edge shelf of the trench and not placed directly above the electric facilities. 3. Existing overhead electric distribution lines, which are located in the public rights-of-way, will be relocated by the electricity distribution service provider at no cost to the Developer when development adjacent to the existing electric line requires the line to be relocated in order to accommodate the adjacent development as long as the relocation is also to an overhead position. If Developer requests the relocation be placed underground, then Developer shall be responsible for the difference in cost between the overhead relocation and the underground relocation as reasonably determined and demonstrated by the electricity distribution service provider. Existing overhead electric distribution lines not owned by the electricity distribution service provider will be relocated underground by the owner of the lines if so required to comply with the Denton Development Code. 4. Developer will comply with those City approved policies within the DME Electric Service Standards (ESS), as amended, that are available on the City website and uniformly applied within the City, including the specifications for street lighting. 5. All new distribution electric service within the Land shall be placed underground except for necessary above ground appurtenances such as streetlights, switchgear and transformers. The City shall have the right to inspect the electric facilities prior to placing such facilities into use. J. Parks, Playgrounds, Swimming Pools Residents of the annexed area may utilize all existing park and recreation facilities as of the effective date of this ordinance. Fees for such usage shall be in accordance with current fees established by ordinance. As development commences in this area, additional park and recreation facilities shall be constructed based on park policies defined in the Parks, Recreation and Trails System Master Plan and other existing City ordinances and policies. K. Publicly Owned Facilities. Any publicly owned facility, building, or service located within the annexed area, and not otherwise owned or maintained by another governmental entity, shall be maintained by the City of Denton on the effective date of the annexation ordinance. 7 280 L. Permitting and Inspections. Permitting and Inspections shall be obtained through the City of Denton, as outlined in the Code of Ordinances. M. Other Services. Other services that may be provided by the City of Denton, such as municipal and general administration, will be made available as of the effective date of the annexation. The City of Denton shall provide a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City of Denton having similar topography, land use, and population density similar to those reasonably contemplated or projected in the area. 4. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED Nothing in this Agreement shall require City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density justify different levels of service. 5. AUTHORITY City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. EFFECTIVE DATE; TERM The effective date of this Agreement is the date of the annexation of the Property. This Agreement shall be valid for a term of ten (10) years from the Effective Date. 7. VENUE AND GOVERNING LAW Venue shall be in the state courts located in Denton County, Texas or the United States District Court for the Eastern District of Texas. This Agreement shall be governed and construed in accordance with the laws and court decisions of the State of Texas. 8. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, City does not waive or surrender any of its governmental powers or immunities. 9. SEVERABILITY In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 10. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8 281 11. CAPTIONS The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 12. SUCCESSORS AND ASSIGNS The terms and conditions of this Agreement are binding upon the successors and assigns of the Parties to this Agreement and stand as obligations running with the land until satisfied in full, regardless of how the Property is developed. 13. ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the complete agreement of the parties to this Agreement and supersedes all prior written agreements between the parties. This Agreement shall not be amended unless executed in writing by both parties. The Parties stipulate that this Agreement does not constitute a permit for development under Chapter 245 of the Texas Local Government Code. 0 282 The parties have executed this Agreement on the date first above written. OWNER By: Robert W. Harris, individually By: Robert W. Harris, Trustee for the Robert W. Harris Heritage Trust By: Richard A. Harris III, as Trustee for the Richard A. Harris III Investment Trust By: Lisa J. Harris, as Trustee for the Lisa J. Harris Investment Trust By: Joneel J. Harris, as Trustee for the Richard A. Harris Jr. & Joneel J. Harris Living Trust AND as Trustee of the Marital Trust created under the Richard & Joneel Harris Living Trust CITY OF DENTON, TEXAS By: City Manager, Deputy City Manager, or Assistant City Manager THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Signature Title Department Date Signed: APPROVED AS TO LEGAL FORM: Catherine Clifton, Interim City Attorney B Hilary Negron By: 2021.07.30 15:55:30 10 283 EXHIBIT A LOCATION MAP 11 284 EXHIBIT B LEGAL DESCRIPTION 12 285 LEGAL DESCRIPTION TRACT 1 BEING a 192.53 acre tract of land situated in the Robert Whitlock Survey, Abstract Number 1403, N. Wade Survey, Abstract Number 1407, and the B.B.B and C.R.R. Company Survey, Abstract Number 141, Denton County, Texas, and being part of a called 75.492 acre tract of land described as "Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in Document Number 2012-139301 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and part of a called 7.937 acre tract of land described in Warranty Deed to Robert W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., and part of the tracts of land described as "Parcel I", "Parcel II" and "Parcel III" in Special Warranty Deed to Robert Woodson Harris, as recorded in Document Number 2012-139304, R.P.R.D.C.T., and part of a called 8.000 acre tract of land described as "Tract II" in Special Warranty Deed to Lisa J. Harris Trust, as recorded in Document Number 2018-118132, R.P.R.D.C.T., and part of a called 8.000 acre tract of land described as "Tract III" in Special Warranty Deed to Richard A. Harris, III Investment Trust, as recorded in Document Number 2018-118133, R.P.R.D.C.T., and part of a called 6.362 acre tract of land described as "IV" in Special Warranty Deed to Richard and Joneel Harris Living Trust, as recorded in Document Number 2018-118131, R.P.R.D.C.T., and part of the remainder of a called 13.071 acre tract of land described in Warranty Deed to Richard A. Harris, Jr., in Clerk's File Number 93-43111, R.P.R.D.C.T., and part of a called 129.005 acre tract of land described as "Parcel 3" in Special Warranty Deed to Joneel J. Harris, as recorded in Document Number 2021-6959, R.P.R.D.C.T., and being more particularly described as follows: COMMENCING at the northeast corner (not monumented) of Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner of a said 7.937 acre tract, said corner being on the west right-of-way line of Interstate Highway 35 (a variable width right-of-way); THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre tract, a distance of 601.17 feet to the POINT OF BEGINNING; THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre tract and the south line of said 75.492 acre tract, a distance of 2,334.61 feet to the southwest corner of said 75.492 acre tract, said corner being on the east right-of- way line of Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right- of-way); THENCE with the east right-of-way line of said G.C. & S.F. RR., the following bearings and distances: North 09 degrees 15 minutes 33 seconds West, along the west line of said 75.492 acre tract, a distance of 192.20 feet to a point for corner; Page 1 of 6 286 North 16 degrees 14 minutes 37 seconds West, continuing along said west line and the west line of the aforementioned 129.005 acre tract, a distance of 1,436.24 feet to a point for corner, said corner being the point of curvature of a non -tangent circular curve to the left, having a radius of 8,669.40 feet, whose chord bears North 18 degrees 05 minutes 55 seconds West, a distance of 548.81 feet; Northerly, along the west line of said 129.005 and said curve, through a central angle of 03 degrees 37 minutes 40 seconds, an arc distance of 548.90 feet to a point for corner; North 27 degrees 34 minutes 40 seconds West, along the west line of said 129.005, a distance of 205.40 feet to a point for corner, said corner being the point of curvature of a non -tangent circular curve to the left, having a radius of 8,644.40 feet, whose chord bears North 22 degrees 21 minutes 39 seconds West, a distance of 331.59 feet; Northerly, along said west line and said curve, through a central angle of 02 degrees 11 minutes 53 seconds, an arc distance of 331.61 feet to a point for corner; North 23 degrees 24 minutes 20 seconds West, along said west line, a distance of 473.95 feet to a point for the northwest corner of said 129.005 acre tract; THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said 129.005 acre tract, passing at a distance of 1,635.17 feet to the northwest corner of a called 2.219 acre tract of land described as "Parcel 25B Part 2" in Possession and Use Agreement for Transportation Purposes with Additional Payment of Independent Consideration to the State of Texas, as recorded in Document Number 2020-178861, R.P.R.D.C.T., and continuing along the north line of said 2.219 acre tract, passing at a distance of 3,143.50 feet to the northeast corner of said 2.219 acre tract and the northwest corner of the aforementioned 6.362 acre tract, and continuing along the north line of said 6.362 acre tract, in all a total distance of 3,411.00 feet to a point for corner; THENCE South 06 degrees 23 minutes 23 seconds East, departing the north line of said 6.362 acre tract, and over and across said 6.362 acre tract, the aforementioned 8.000 acre tract and the aforementioned 129.005 acre tract, a distance of 1,146.27 feet to a point for corner on the east line of said 129.005 acre tract and the north line of the aforementioned 8.00 acre tract; THENCE North 89 degrees 52 minutes 08 seconds West, along the east line of said 129.005 acre tract and the north line of said 8.00 acre tract, a distance of 302.81 feet to a point for corner; Page 2 of 6 287 THENCE South 03 degrees 26 minutes 23 seconds East, departing said east and north line, and over and across said 8.00 acre tract, the aforementioned remainder of 13.071 acre tract, the aforementioned 11.615 acre tract, the aforementioned 75.492 acre tract, and the aforementioned 7.937 acre tract, a distance of 1,860.00 feet to the POINT OF BEGINNING AND CONTAINING 192.53 acres (8,386,448 square feet) of land, more or less. Page 3 of 6 288 TRACT 2 BEING a 55.25 acre tract of land situated in the Robert Whitlock Survey, Abstract Number 1403, Denton County, Texas, and being all of a called 33.417 acre tract of land described as "Parcel 2" and all of a called 21.776 acre tract of land described as "Parcel 1" in Special Warranty Deed to Joneel J. Harris, successor trustee of the martial trust created under the Richard and Joneel Harris living trust dated October 26, 2017, as recorded in Document Number 2021-6959 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows: COMMENCING at the northeast corner (not monumented) of Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner of a called 7.937 acre tract of land described in Warranty Deed to Robert W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., said corner being on the west right-of-way line of Interstate Highway 35 (a variable width right- of-way); THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre tract and the south line of a called 75.492 acre tract of land described as "Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in Document Number 2012-139301, R.P.R.D.C.T. and over and across Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a variable width right-of-way), a distance of 3,067.77 feet to the southeast corner of said 33.417 acre tract for the POINT OF BEGINNING; THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 33.417 acre tract, a distance of 1,262.98 feet to the southwest corner of said 33.417 acre tract; THENCE North 00 degrees 00 minutes 32 seconds East, along the west line of said 33.417 acre tract and said 21.776 acre tract, a distance of 3,013.24 feet to the northwest corner of said 21.776 acre tract; THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said 21.776 acre tract, a distance of 245.19 feet to the northeast corner of said 21.776 acre tract, said corner being on the west right-of-way line of said G.C. & S.F. RR.; THENCE with the west right-of-way line of said G.C. & S.F. RR., the following bearings and distances: South 23 degrees 24 minutes 20 seconds East, along the east line of said 21.776 acre tract, a distance of 529.19 feet to a point for corner, said corner being the point of curvature of a non -tangent circular curve to the right, having a radius of 8,519.40 feet, whose chord bears South 19 degrees 49 minutes 52 seconds East, a distance of 1,078.54 feet; Page 4 of 6 289 Southerly, along the east line of said 21.776 and said curve, through a central angle of 07 degrees 15 minutes 30 seconds, an arc distance of 1,079.26 feet to a point for corner; South 16 degrees 14 minutes 37 seconds East, along the east line of said 21.776 and the aforementioned 33.417 acre tract, a distance of 1,577.33 feet to the POINT OF BEGINNING AND CONTAINING 55.25 acres (2,406,814 square feet) of land, more or less. NOTE: This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the annexation for which it was prepared. This survey is an office survey and was prepared with the deed of records found on the Denton County Appraisal District. The Basis of Bearing: The north line of the Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet H, Page 224 of the Plat Records of Denton County, Texas with the bearing of North 89 degrees 51 minutes 30 seconds West. This document shall not be recorded for any purposes. Getsy J. Suthan, R.P.L.S. Texas Registration No. 6449 HALFF ASSOCIATES, INC. 1201 NORTH BOWSER ROAD RICHARDSON, TEXAS 75081 TEL (214) 346-6200 TBPELS FIRM NO. 10029600 7/2-��2c> Date 'i- OF �'D;•�is r� •s ..... .......r.... GETSY J. SUTHAN 6449�sY Page 5 of 6 290 0 7 C) L N L- ce O 1 0. O t.�� mnnooF �•'-1 O 'm 7 :�} t9� FLu MQ N C p = 6-1 '0J a . LU OD - E WOJOa Mj� X00 i� X0 J = ¢ ¢ i� i cNo I ',N�' o - INTERSTATE o 0 Yr -x A�7 nc L L �u60 N� zQ�. &)m Q �illrH nI ]i1 O.} _ n� ¢ O r z.ac u I00 1Y1g1plk,E Mt�Ti1 R0.�1.1 Q Q O� 'x z oz w N � z G¢¢7Sao •off-- oxzop •3¢ "" m^ N¢ � � Waroa WW up�a ¢ o a i V p V 0 ao ¢o om o CQ Ln .nom rvQ�=Q6Z6 aoo,x � ioWi wQ� � r O O u% . oo H J O O v� C co N Ln 11 Z II II II J m M O N 'zz N z 1ff���N 47 O N o Z 10 O O En coo m 11 O �u� pt -Oa JZw N •0 Z `�sz LL W x 0 O O u N � ¢ N � ol r O.} ¢aOa H V N aN W w6=¢ 0 ao ¢o om o CQ Ln .nom rvQ�=Q6Z6 aoo,x � ioWi wQ� � r O O u% LL in M � a°fo' N3 Za 1g V) . oo H J O O v� C co N Ln 11 Z II II II J m M O N 'zz N z 1ff���N 47 O N o Z 10 O O En coo m 11 ��O,.j G�JU ) M JZw N •0 Z `�sz LL in M � a°fo' N3 Za 1g V) U w IN Q oo'bLoD O f-7 V N a6;tLU T T as 1-m n O � � o : En CD 00 II II U UU mmv OR� w i N =Zzw �.O yw V VU�Q oiFv �Z oNZO Q� mLF LLLL oZo` F -z a99 J ;zo S m z w >:> N� Q Z.O. 2� Q>>�a= LLz� X I �»z MEN 0-<' W F- vi Otn A 147 w0� U �LWz Eli� wa� m� fY J 0(=A0 ~vy9H UHw ❑MQ amo LL=� ¢�3 w Qom' .=.. W Zow co aao� ti20 V--rte—s WWoa �mz¢ amu V V l -M - W ¢ vl m ou-a aou a�arn¢ wow w W O . oo H opo ^cn4m 00 M to 0 � O O v� C co N Ln 11 Z II II II J m M O N 'zz N z ¢(n 7 U w IN Q oo'bLoD O f-7 V N a6;tLU T T as 1-m n O � � o : En CD 00 II II U UU mmv OR� w i N =Zzw �.O yw V VU�Q oiFv �Z oNZO Q� mLF LLLL oZo` F -z a99 J ;zo S m z w >:> N� Q Z.O. 2� Q>>�a= LLz� X I �»z MEN 0-<' W F- vi Otn A 147 w0� U �LWz Eli� wa� m� fY J 0(=A0 ~vy9H UHw ❑MQ amo LL=� ¢�3 w Qom' .=.. W Zow co aao� ti20 V--rte—s WWoa �mz¢ amu V V l -M - W ¢ vl m ou-a aou a�arn¢ wow w W O H 0- u�u M 0 'zz ¢(n 7 47 O z 10 N c¢ -. a V ~ ._�.� '- Q w m JZw •0 ^u `�sz LL W x 0 O O u N � ¢ N � ol r O.} ¢aOa H V N aN W w6=¢ Q. Q co a3 0 <�/ - u F p — LL �� - Ln �W —��— � C � o �DO M ¢ � M O f- v M N o T �— z N T-- N O 3 N c L O N O m M 0 z ¢(n 7 47 O ~10 O 10 Z { "' C) r 3 O O• z Mm O Z IZ CL LO N *fir O aLU x z ¢(n 7 ~10 O ev RRz xN $ O Z am �a O 0D0 0 w .vz'£ 60`£ 3..Z£,OOo00N oW��=¢Cama - zza 0 Z U) z z Z 0 z u � 0::) 0 w Z z Lu m ❑ w a, z2 LLI 2Z'w W O Q Z X W mc)a�- 0(L ww zzuo oowwoww H F Z J ooa00gw mmuozmw C7FU F dzz UU m U U C� aac00 0291 Exhibit C Schedule of Annexation 292 A21-0001 HARRIS RANCH ANNEXATION and ZONING SCHEDULE UncominLy citv council meetinLys are: July 2021 - 7/20 (Regular), 7/27 (4th Tues.) August 2021 - 8/3 (Regular), 8/10 (2"d Tues.), 8/17 (Regular), 8/24 (4th Tues.) September 2021 - 9/14(2 d Tues.), 9/21 (Regular), 9/28 (4th Tues.) October 2021 - 10/12(2 d Tues.), 10/19 (Regular), 10/26 (4th Tues.) Uncomina P&Z meetinas are: July 2021 - 7/14 & 7/28 August 2021 - 8/4 & 8/18 September 2021 - 9/8 & 9/22 October 2021 - 10/6 & 10/20 Annexation 7/13/2021 Petition for Annexation submitted 7/21/2021 Deadline to submit noticed to Denton Record Chronicle and City Website for publication before the 10th day before the public hearing on August 3, 2021 (published on Saturday, July 24, 2021) 7/29/2021 Deadline to submit backup for posting of City Council Agenda for Regular Meeting on August 3, 2021. 8/3/2021 Annexation Municipal Service Agreement — IC (Required prior to annexation per 43.0672), Annexation Public Hearing — PH (Only one public hearing is required per 43.0673), AND First Reading of annexation ordinance — IC (per City Charter) 8/8/2021 Publish Ordinance in the paper. (Charter Sec. 1.03; cannot be acted on for 30 days). 9/14/2020 CC by 4/5ths vote takes final action — IC (2nd Tuesday meeting) Second Reading of annexation ordinance. Adoption of annexation ordinance (30 days+ post publication per Charter Sec. 1.03) Post -Annexation Adoption Procedures: 1. Notification to Comptroller 2. File certified copy of ordinances with the Denton County Clerk 3. File certified copy of ordinances with the Denton CAD 4. Pre -clearance (Letter to DOJ) 5. Revise City Map Zoning 7/27/2021 Initial Submittal Date for Rezoning Application 9/15/2021 Notifications sent and project scheduled for public hearing (Notifications cannot be sent until annexation ordinance is adopted. All review comments must be resolved and neighborhood meeting held by this date) 9/24/2021 Deadline for applicant to post public hearing signs on property 10/6/2021 Public hearing for zoning at Planning and Zoning Commission 11/2/2021 Public hearing for zoning at City Council 293 w e � y �r A21-0001 - — MunicipalHarris Ranch �. Services Agreement ` y C i August 3, 2021 '► City Council Meeting CITY Ar + ► OF DENTON � h .-1" Request ✓ Consider adoption of an ordinance approving a Municipal Services Agreement • Between the City of Denton and Robert W. Harris, representing the Harris Ranch Ownership • Approximately 247.78 acres of land ✓ Approving a Schedule of Annexation C1TY i7F DENTON N to 01 A21-0001 Site Location Jc .£: ga:° MM5=- � SITE coo -'i= Parcels ETd e n JEN5MI� Roads NAA811120 c1 o Background • PAA -2 (Non -Annexation Agreements) • 1-35 N and future extension of Loop 288 j • Gas well plat (GWDP11-0004) - existing gas wells spread across two drilling sites, and a 1 single plugged gas well F' • Agricultural Use, Existing Ponds Conceptual Site Plan - 7 Logistics Center buildings, totaling 4,098,880 square feet I TY DENTON N tC --------------------- ----------------- --------------- ------------ I k ------------ Ik i 71711 Municipal Services Agreement ✓ Police ✓Publicly Owned Facilities ✓ Fire Protection ✓Permitting and Inspections ✓ Emergency Medical Service ✓ Solid Waste ✓ Wastewater Facilities ✓ Water Facilities ✓ Roads and Streets ✓ Drainage ✓ Parks, Playgrounds, Swimming Pools DENTON N to ✓ Other Services Schedule • August 3, 2021 ✓ Municipal Services Agreement ✓ Public Hearing ✓ First Reading of the Annexation Ordinance • August 8, 2021 ✓ Publication of Annexation Ordinance • September 14, 2021 ✓ Second Reading and Adoption of the Annexation Ordinance rrr i11 DENTON N to C* m A21-0001 Future Land Use Map �' HG Tr Rural MR Areas IKI PD PF MN P4'-i15i11¢�l Hsi1 rT PD -FIC MN a (S) mk�z deX,G7 R4ii LOO G>P� _ 6�fl •fes" PD -LI • - za - R•7 R1 HI s PDNIIN RR6a R3 s �t7��:rrrer� RRO MR [Sj, t ' LI R2 or SC SITE R,.Rr °-Ma��a� -w• ,- ® - Parcels.'""-, � we DENTON Roads Low Residential law �3 r e • frYR�:� 1 l Business _ Innovation C3 SITE Future Land Use Regional Mixed use e Parcels Rural Areas Neighborhood Mixed Use R4 � Roads Low Residential Business l nnwation - Q DENTON Moderate Residential o'ewlop.M 6nb • 91i ev.,�,�,� as �,��m�.o�x�n ��.�.,.rov�A."�� �n �'�r=�=`U•.. ,.���„m,:.�;��o•ro ,� �ox�,a^� �w �o m A21-0001 Current Zoning Map �' HG Tr MR IKI PD PF MN Hsi1 GO RR PD -FIC MN a (S) mk�z deX,G7 R4ii r e•: _ PD -LI • - za - R•7 R1 HI s PDNIIN RR6a R3 s �t7��:rrrer� RRO MR [Sj, t ' LI R2 or SC SITE R,.Rr °-Ma��a� -w• ,- ® - Parcels.'""-, � we DENTON Roads Questions? C1TY i7F DENTON w 0 0 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: Z21 -0005a, Version: AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6) district on approximately 0.326 acres of land generally located southeast of the intersection of Robertson Street and Skinner Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted [6-0] to approve the request. (Z21 -0005a, 418 Robertson Duplex, Cameron Robertson). City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 301 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6) district on approximately 0.326 acres of land generally located southeast of the intersection of Robertson Street and Skinner Street, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The Planning and Zoning Commission voted [6-0] to approve the request. (Z21 -0005a, 418 Robertson Duplex, Cameron Robertson). BACKGROUND The applicant Steven Homeyer, representing MM Asset Holdings, LLC (property owner), is requesting to rezone 0.326 acres from MN and R4 Districts to a R6 District to develop the site with a fourplex residential use. The subject property is currently vacant, with approximately 0. 10 acres of the property zoned an MN District, and the remaining 0.23 acres zoned an R4 District. Based on historic aerials, the subject property appears to have been previously developed with two to three single-family detached dwellings. By 1984, the buildings on the subject property appear to have been demolished. It is assumed that the subject property has been vacant since, which was further supported by aerials of the subject property from 1995, 2001, 2010 and 2016. The surrounding properties to the north and west of the subject property are primarily zoned Residential 4 (R4) District, with a series of adjacent lots along Robertson Street to the northeast and east of the subject property zoned Mixed -Use Neighborhood (MN) District. South of the subject property and Wye Street, the neighborhood is zoned primarily with Residential 3 (R3) and Public Facilities (PF) Districts (see Exhibit 4). The subject property is located just north of Fred Moore High School and Child Care Center. A full Staff Analysis is provided in Exhibit 2. PLANNING AND ZONING COMMISSION On June 23, 2021, the Planning and Zoning Commission held a public hearing on the requested zoning change. Staff presented an analysis of the request with a recommendation of approval. A written response in favor of the project was received. At the hearing there was discussion of the cost of the rezoning fee and general discussion of support for the future infill development. No individuals from the public spoke at the hearing. Planning and Zoning Commission made a motion for approval of the rezoning, which was approved [6-0]. 302 Minutes from the Planning and Zoning Commission meeting are attached as Exhibit 11. OPTIONS 1. Recommend approval. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Postpone item. RECOMMENDATION Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.2D of the DDC for approval of a zoning change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) DateCouncil, Board, Commission Request Action June 23, 2021 Planning and Zoning Commission Rezoning from MN and R4 to L6 Recommend Approval [6-0] PUBLIC OUTREACH: Twenty-nine (29) notices were sent to property owners within 200 feet of the subject property and eighty- seven (87) postcards were mailed to current residents within 500 feet of the subject property. A notice was published in the Denton Record Chronicle on June 6, 2021 and on July 17, 2021. A notice was published on the City's website on June 2, 2021 and on July 16, 2021. Two (2) signs were posted on the property on June 10, 2021. The applicant did not hold a neighborhood meeting. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact disclosures have been provided to staff from members of this body as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Permitted Use Comparison 8. Notification Response Map and Affidavit of Sign Posting 9. LLC Members List 10. Draft Ordinance 11. Planning and Zoning Commission Meeting Minutes 12. Presentation Respectfully submitted: Hayley Zagurski, AICP 303 Interim Planning Director Prepared by: Cameron Robertson, AICP Historic Preservation Officer 304 Planning Staff Analysis Z21-0005/Residential Zoning City Council District #1 REQUEST: Request to rezone approximately 0.326 acres from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6) District. STAFF RECOMMENDATION: Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.2.D of the DDC for approval of a zoning change. SITE DATA: The 0.326 -acre subject property is platted and includes 256 feet of frontage along Robertson Street. Robertson Street is a Collector Street per the City's Mobility Plan. It is constructed with two travel lanes, and an approximately 5 -foot sidewalk on the north side of the street, and at the eastern end of the subject property, on the southside of Robertson Street. Based on historic aerials, the subject property appears to have been previously developed with two to three single-family detached dwellings. By 1984, the buildings on the subject property appear to have been demolished. It is assumed that the subject property has been vacant since, which was further supported by aerials of the subject property from 1995, 2001, 2010 and 2016. Surrounding development along Robertson Street is consistent with a residential pattern typically found along collector roadways in established residential neighborhoods of District 1 in the City. Residential, religious assembly, and restaurant uses are situated towards Robertson Street with established residential neighborhoods located north and south of the corridor. The rezoning boundary appears to be offset from the southern property line; however, this is due to a discrepancy between the City and County parcel boundaries. The Applicant's parcel boundary matches that of the County, which is based on more detailed records and updated more regularly, and therefore, more accurate. Additionally, the property to the south is owned by Dallas Area Rapid Transit (DART) and is not a right-of-way. Consequently, this property cannot be connected to Wye Street. 305 SURROUNDING ZONING AND USES: Northwest: Zoning: R4 district Use: Single -Family Detached Dwelling North: Zoning: MN and R4 district Use: Undeveloped and Mixed -Use Northeast: Zoning: MN district Use: Restaurant West: East: Zoning: R4 district SUBJECT PROPERTY Zoning: MN district Use: Single -Family Detached Use: Parking and Restaurant Dwelling Southwest: South: Southeast: Zoning: R3 and R4 district Zoning: R3 and R4 district Zoning: PF and R4 districts Use: DART Property and Use: DART Property and Use: DART Property and Single -Family Detached Single -Family Detached High School Dwellings Dwellings CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. 1. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria were applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9. Section 2.7.2.D of the DDC applies to this rezoning request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for zoning requests. 2. Prior Approvals There are no prior approvals for this project. 3. Consistent with the Comprehensive Plan and Other Applicable Plans The decision—making authority: a. Shall weigh competing goals, policies, and strategies. There are no competing goals, policies, or strategies with this proposal. 306 b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. Future Land Use The future land use designation for the subject property is Low Residential, which intends for new development up to 4 dwelling units per acre, within established residential areas to respond to existing development patterns, and design standards both in scale and form. Per Goal LU -6 of the Denton Plan 2030, "new residential development in Low Residential areas should be organized to promote walkability, access to parks, open space, and recreation amenities and ideally should locate all residences within a five to ten minute walking distance from neighborhood -serving retail and other amenities such as parks and school facilities." The proposed zoning designation is consistent with the Future Land Use designation, as it permits a variety of lower intensity housing types available to the community at a scale typically found in the established residential area within walking distance of parks and school facilities, such as Fred Moore Park and Fred Moore High School/Child Care Center. Additionally, the proposed zoning serves as a transition between the Low Residential area and the Downtown Compatibility Area, just to the north, which "serves to create compatible form and uses for the areas that serve to strengthen both the Downtown and adjacent neighborhoods ... Significant infill opportunities exist in this area, and development is encouraged to help fill in and soften this transition area between Downtown and adjacent residential neighborhoods." Downtown Compatibility j Area Infill Development The Comprehensive Plan defines infill development as "Development and redevelopment of underused buildings and vacant lots in areas served by existing infrastructure. Development that channels economic growth into existing urban and suburban areas and conserves open space and agriculture at the periphery of the City." As a redeveloping lot located in an area served by existing roadway networks and public utilities, the subject property meets the Comprehensive Plan's intent for infill development. 307 Denton Plan 2030 supports compatible infill development with the following policies and actions: • The Comprehensive Plan states that the City should "take every opportunity to ensure that as gaps in the neighborhood fabric occur, infill development, that is development of vacant or deteriorated properties will be encouraged, complimenting the scale and character of each neighborhood. Infill development also creates opportunities for more compact forms of development and affordable housing options. Types of residential products that could be suitable infill in single-family neighborhoods include well-designed townhomes, quad apartments, duplexes, and other types of low -moderate density housing which is potentially compatible within single-family neighborhoods (pg. 42)." • LU 2.9.3: Identify and remove zoning and other regulatory impediments to compatible infill and redevelopment. As an infill lot surrounded by existing neighborhoods and infrastructure, the proposal supports this policy and furthers the Comprehensive Plan's overall goal to promote a compact development pattern through infill development. 4. Compliance with this DDC a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a rezoning of the subject site. All subsequent development on this site will comply with applicable standards in the DDC, including, but not limited to, minimum lot size and dimensions, building coverage, access, parking, tree preservation, and landscaping. b. Compliance with these standards is applied at the level of detail required for the subject submittal. Typically, a rezoning to one of the DDC's established districts does not include a full review of all development standards. If the proposed rezoning is approved, prior to development, a detailed review will accompany all required engineering, tree preservation, and building permit submittals. 5. Compliance with Other Applicable Regulations This proposed rezoning complies with all other applicable regulations. 6. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts The proposed rezoning would not introduce new uses to the general area and is not located adjacent to or in a floodplain. Further, there are no Environmentally Sensitive Areas within the subject property, and the future redevelopment of this site will be required to comply with the DDC's tree preservation requirements. Therefore, no adverse environmental impacts area anticipated. 8. Minimizes Adverse Impacts on surrounding Property 308 The proposed rezoning is consistent with the surrounding zoning and development pattern. Though many properties which front Robertson Street are zoned R4 District, towards the eastern end of Robertson Street, before curving southeast, the street has three Mixed -Use Neighborhood (MN) lots. The existing land use pattern along Robertson Street is mixed use and includes residential, restaurant, and religious assembly uses. This development pattern is expected and encouraged in transitional areas on the fringes of the downtown core. The proposed rezoning would allow for infill development that would provide a variety of housing options to the neighborhood that are complimentary in scale and character to the neighborhood, as well as serve as a transition between the existing single-family detached dwelling residences and the mixed-use area to the east and the Downtown transition area to the north. The subject site is located adjacent to Robertson Street with no direct vehicular connection to the neighborhood to the south, except along Robertson Street. Development of the property will require conformance with current site design standards, including screening and landscaping. 9. Minimizes Adverse Fiscal Impacts F11151 �ARslri This proposed rezoning is not anticipated to create adverse fiscal impacts as it is an infill development located on an existing roadway and utility network, consistent with the surrounding development pattern and use. 10. Compliance with Utility, Service, and Improvement Standards This proposed rezoning will not affect utilities, services, or improvements. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. 11. Provides Adequate Road Systems The subject property is located on a Collector Street, which is a street that collects associated traffic from residential and rural streets, commercial streets, or industrial streets. Collector streets can have residential, commercial, industrial, or mixed uses, and are designed to accommodate a medium level of access. New development must comply with all applicable standards to ensure adequate access. 309 12. Provides Adequate Public Services and Facilities This proposed rezoning is not anticipated to negatively impact public services and facilities. New development must comply with all applicable standards to ensure adequate public services and facilities are available. 13. Rational Phasing Plan This proposed rezoning does not have a phasing plan. B. Section 2.7.2.D of the DDC states that an application for a rezoning may be approved based on the following conditions: a. The proposed rezoning is consistent with the Comprehensive Plan. As discussed in 3.b above, the proposed zoning of R6 District is consistent with Denton Plan 2030 and will permit the development of compatible uses at a scale which corresponds to the existing development pattern. b. The proposed rezoning is consistent with relevant Small Area Plan(s). There is no small area plan approved for this site. c. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. Per Section 3.2.6A, "The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood -serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors." The requested R6 district is consistent with the purpose statement, as the site is located along a Collector Street providing access to parks and school facilities in the area; serving as a transition between the established neighborhood and mixed- use properties; and providing opportunity for a development pattern that is expected and encouraged in transitional areas on the fringes of the downtown core. While primary access to the site is via Robertson Street, proximity to nearby neighborhoods and adjacent sidewalk network provide an opportunity for other transit modes. d. There have been or will be significant changes in the area to warrant a zoning change. There will there be changes in the area to warrant a zoning change, with the implementation of the Future Land Uses. Additionally, the current lot is split into MN and R4 Districts, making it difficult and costly to develop. Based off the Future Land Use for the area, it would not be appropriate to rezone the property to an MN District. Rezoning to a R6 District would be consistent with the current and future zoning pattern and surrounding land uses, by providing a variety of housing options to the area through compatible infill development, meeting the policies and calls of 310 the Denton Plan 2030. The proposed rezoning would also provide potential alternative development for infill of the vacant lots just north of the subject property. Additionally, it is important to note that the variety of housing options permitted in the R6 District would not introduce new uses to the area. There are two existing duplex and two fourplex structures within 650 feet of the subject property, along Mill Street that are in an R3 District. There is also a duplex located within approximately 150 feet of the subject property, along Robertson Street. e. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. The following impact analysis is based upon the intended use indicated by the applicant. Transportation 311 608 tV W3 *�13 616 `"' .ice N Ln 3+ M M V) 418 e. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. The following impact analysis is based upon the intended use indicated by the applicant. Transportation 311 I i �RrSONSrR�Er _ �J �^ r � The scope includes the proposed future development of a two-story fourplex. The preliminary site plan indicates the fourplex would have three driveway connections to Robertson Street. The Institute of Transportation Engineers Trip Generation Manual — 10th Edition projects that the fourplex would generate 30 vehicle trips per day with 2 total morning peak hour trips and 4 evening peak hour trips. ITE TRIP GENERATION RATES OUANTIIT UNIT OF WEEKOAT PM TOIaL ENEEN EyIT Lep V5E 000E �EnSuaE TpTOL [LATER EXIT OriELLING T 32(X) I (T)-0.95 Ln(%) -0.51 23X ] U(T)-0.99 Ln(K)-0.02 63X 3T% PpU LEX 2 q UNITS SO Z I 1 I 3 1 SOVNCE10th EDIWN. LTE. T- GEVENnTp u QAL Roadway Impact Fees Roadway impact fees, paid at the time of development, are determined using a proportionality calculation based on the proposed uses and projected vehicle trips. These fees will be assessed based on plans submitted and are used to make roadway system improvements related to the Mobility Plan. Access and Perimeter Street Improvements The subject property has frontage along Robertson Street, a Collector Street. A section of Robertson Street, from Cook Street to east of Skinner Street is listed on the 2019 Bond Program, as part of the Street Rehab Program. The preliminary site plan shows a proposed 5 -foot sidewalk. f. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. Schools The proposed development of a two-story fourplex would be expected to generate approximately one elementary school student, and zero middle school and high school students based on Denton ISD's student generation formulas. Currently the subject property is within the attendance zones for Borman Elementary School, Calhoun Middle School, and Denton High School. Parks The subject property is located approximately 0.4 mile from Fred Moore Park. Walking along Robertson, Morse, Lakey, and Wilson Streets, this would be approximately an 9 -10 -minute walk. This distance meets the Park Department's goal of a 10 -Minute Walk to a Park. 312 Water and Wastewater Public water and wastewater services are available to the site. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Nearest Fire Station The subject property is approximately 0.6 miles from Central Fire Station (332 E Hickory Street), within the eight minute or less response time boundary. g. There was an error in establishing the current zoning district. There was not an error in the assignment of the current zoning district. However, the rezoning would provide for infill development of a new housing type that is consistent in both scale and design to the current neighborhood but serves as a transition area between single-family detached dwellings and mixed-use neighborhoods. Therefore, the existing MN and R4 Districts are no longer appropriate. 313 IIS!. P f- Pk e� LL Z21-0005 Site Location r .iii \_�'� r =M IC { I �i .� _ ti3.� • � >rAb SITEt v I 0 75 150 30 0 Fee` Parcels I 5 e a�� �fTY OF JL2E1 DENTON Roads Development Services • GIS Date: 51612021 314 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve ing purposes but rather for reference purposes. These maps are th , of produce and publish t ie most current and accurate information possible. No warranties, expressed or the Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every ehis implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. to MN Is Z21-0005 Current Zoning Map Me IR ELMMM�j .1 11 0 0 I� I L MARTIN INN WILSON MORSE SITE RR - Residential Rural MN - Mixed -Use Neighborhood - HI - Heavy Industrial R1 -Residential - MD -Mixed-Use Downtown Core - PF -Public Facilities v I Q 0 75 150 300 Feet a R2 -Residential - MR -Mixed-Use Regional - PD -Planned Development n Parcels R3 - Residential - HC - Highway Corridor - MPC �L7 CITY I R4 - Residential - SC -Suburban Corridor - OVERLAY OF - R6 -Residential GO -General Office to •s' DENTON Roads - R7 -Residential - LI -Light Industrial �L7 Development Services • GIS Date: 51612021 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or su rve ing purposes but rather for reference purposes. These maps are th x , of the Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every effort�o produce and publish tie most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. MN Z21-0005 Proposed Zoning Map � o S MARTIN INN WILSON MORSE SITE - RR: Residential Rural MN -Mixed-Use Neighborhood - HI -Heavy Industrial v pQG� I 0 75 150 300 Feet R1 Residential - MD - Mixed -Use Downtown Core - PF -Public Facilities y 3 Q R2 -Residential - MR -Mixed-Use Regional - PD -Planned Development a „❑ Parcels - R3 -Residential HC - Highway Corridor - MPC ai CfTY _ R4 -Residential - SC - Suburban Corridor -OVERLAY � e '� OF DENTON Roads - R6 - Residential GO - General Office �1A - R7 -Residential LI - Light Industrial ° Development Services • GIS Date: 51612021 316 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve ing purposes but rather for reference purposes. These maps are th , of the Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every effort�o produce and publish tie most current and accurate information possible. No warranties, expressed or in eed are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. i FF Z21-0005 Future Land Use Map Low Residential ffB I r QSITE Future Land Use �� Downtown Compatibility Area v I M 1157 Q 0 75 150 300 Fee` S a Parcels Low Residential Community Mixed Use Downtown Denton L Parks / Open Space Roads DENTON Development Services • GIS Date: 51612021 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve ing purposes but rather for reference purposes. These maps are th of the Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every effort�o produce and publish tie most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. TableTable 5.2-A: . Uses P = permitted S specific use permit required Blank cell = use prohibited + = use-specific standards apply CorridorResidentiA& Mixed-Use OtherUse-Specific j""M ­­­� nresidential Standards 7 �-T 7 Residential Uses Household Living Single -Family Detached Dwelling P+ P+ P+ P+ P+ S.3.3A ownhome P+ P+ P+ 5.3.3B DuplexP+ Triplex P+ P+ P+ P+ P+ 5.3.3C 5.3.3C Fourplex Multifamily Dwelling P+ _ S+ P+ P+ P+ P+ S+ S+ 5.3.3C 5.3.3D Tiny Home Development Work/Live Dwelling P+P+ P+ P+ S+ S+ 5.3.3E Manufactured Home Development (HUD Code) w S+ 5.3.3G Group Living Chapter House Community Home S+ P+ P+ P+ S P+ P+ P+ P 5.3.31 Dormitory Elderly Housing S S+ P P P P 5.3.3H Group Home S+ S+ S+ S+ S+ F 5.3.31 Public, Institutional, Religious, and Civic Uses Community and Cultural Facilities Airport, City-Owned I I P Cemetery, City-Owned P Club or Lodge P S S S S+I P P+ P P P P+ P+ 5.3.4A Community Service P P P PP P P P P P P P P Day Care, Adult or Child P S S S Ii. IS+ P I P P P P P P+ 5.3.413 Funeral and Internment Facility S S P P P P Homeless Shelter S+ S+ S+ P+ 5.3.4C Landfill, City-Owned imr I I IP Park, Playground, Open Space P P PP P P P P P P P P P Religious Assembly P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.3.4D Educational Facilities Business or Trade School ■ I P+ IP+ P+1 P I P I P P 1 15.3.4E College or University P PI IP 318 School, Private P S S S S P P P P P P School, Public P P P P P P P P P P P P P Healthcare Facilities Hospital Services P+ P+ P P 5.3.4F Medical Clinic1P+ S+ P+ P+ P P P 5.3.4G Medical Office IP+ P+ P+ P P P 5.3.4H Commercial Uses Agricultural and Animal Uses General Agriculture P S+ S+ P 5.3.5A Commercial Stable P S+ S+ I I r 5.3.5B Community Garden P P P P P P P P P P S S S Kennel P+ S+ S+ I , P+ P+ S+ P+ P+ 5.3.5C Urban Farm P S S S S P P P P P P P Veterinary Clinic P S S r I P+ P P P P P 5.3.5D Recreation and Entertainment Amenity Center P P P P I P I P P P P P P Indoor Recreation Facility P P P P P P P Outdoor Recreation Facility P P P P P I S S P P P P RV Park S+ S+ S+ S+ S+ P+ 5.3.5E Food and Beverage Services Bar, Tavern, or LoungeP P P P P P 5.3.5E Mobile Food Court , S+ S+ S+ S+ S+ S+ S+ 5.3.5G Private Club P+ P+ P+ P+ P+ P+ 5.3.5H Restaurant P P P P P P 5.3.51 Restaurant, with Drive - Through S+ P+ P+ P+ P+ P+ 5.3.5J Office, Business, and Professional Services Administrative, Professional, and Government Office S+ P+ P+ P P P P P P P 5.3.5K Bank or Financial Institution S+ P+ P P P P P 5.3.5E Musician Studio ■ P+ P+ P+ P+ P+ P+ P+ 5.3.5M Credit Access Business P+ P P I P I P I P 1 5.3.5N Printing, Copying, and Publishing Establishment P P P P P P P Personal Services Laundry Facility, Industrial S S P P Laundry Facility, Self -Service■ IS+I P+ P+ P P P P P 5.3.50 Personal Service, General P P P P P P Tattoo and Body Piercing Parlor . P+ P+ P+ P+ 5.3.5 P Retail Sales 319 Building Materials and Supply S P P P Store General Retail Unless Otherwise Specified, Less S+ P P P P P P P P 5.3.5Q than 5,000 Square Feet General Retail Unless Otherwise Specified, p p P P P P P Between 5,000 Square Feet and 15,000 Square Feet General Retail Unless .4 Otherwise Specified, More S P P P P P+ P+ 5.3.5R than 15,000 Square Feet Smoke Shop ' P P P P Lodging Facilities Bed and Breakfast P+ S+ P+ P+ P+ 5.3.55 Boarding or Rooming House ■ P P P Hotel P P P P P P Motel I I, P P P P P Short -Term Rental j P+ j P+ j P+ P+ wv P+ I 15.3.5T Vehicles and Equipment Auto Wash P P P P P P Automotive Fuel Sales I I S+ P+ P+ P+ P+ P+ P+ 5.3.5U Automotive Repair Shop, P+ P+ P+ S+ P+ P+ 5.3.5V Major Automotive Repair Shop, 6 P+ P+ P+ P+ P+ P+ 5.3.5W Minor Automotive Sales or Leasing I I P Automotive Wrecking Service, Impound Lot, S+ P+ 5.3.5X Junkyard, and Salvage Yard Equipment Sales and Rental �� I I S+ S+ P+ 5.3.5Y Parking Lot as a Principal Use P P P P P P P Travel Plaza I I P P P Adult Entertainment Establishments Sexually Oriented Business S+ I 1S.3.5Z Industrial Uses Manufacturing and Processing Craft Alcohol P+ P+ P+ P P P P 5.3.6A Production Feedlot, Slaughterhouse, or Packaging Plant S S Food Processing, Less than � P+ P+ P+ P+ P+ P+ P+ 5.3.6B 2,500 Square Feet 320 Food Processing, More than W 11 S+ P+ P+ P+ P+ P+ P+ 5.3.6C 2,500 Square Feet Subchapter Gas Well P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 6: Gas Wells Manufacturing, Artisan ■ P+ P P P P P P 5.3.6D Manufacturing, Low -Impact S+ P+ P+ P+ P+ P P 5.3.6E Manufacturing, Medium- s S P Impact Manufacturing, High -Impact ■ I I ' S Commercial Incinerator, S Transfer Station Storage and Warehousing Outdoor Storage I I S+ S+ S+ 5.3.6F Self -Service Storage S+ S+ P+ S+ P+ P+ P+ 5.3.6G Storage of Hazardous S Materials Warehouse and Wholesale S+ S+ P P P P S. 3.6 H Facility Public and Semi -Public Utility Uses Basic Utilities P P P P I P I P P P P P P P P Power Stations, Electric Substations, Interchanges, P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.3.7A and Switch Stations Solar Collector as Principal S+ S+ S+ S+ P+ 5.3.7 13 Use Wind Energy Conversion S+ S+ 5.3.7C System (WECS) Wireless See Section 5.6: Wireless Telecommunications Facilities Telecommunications Accessory Uses Accessory Dwelling Unit P+ P+ P+ P+ P+ 5.4.4A Donation Box 5.4.4B Home Occupation P+ P+ P+ P+ P+ P+ P+ P+ 5.4.4C Outdoor Storage, Accessory P+ P+ P+ P+ P+ 5.4.4D Sale of Produce and Plants P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.4.4E Raised on Premises Solar Collector, (Ground- or Building -Mounted) P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.4.4E Wind Energy Conversion System (WECS), Small P+ S+ S+ S+ S+ S+ S+ S+ S+ S+ P+ P+ P+ 5.4.4G (Ground -Mounted) 321 Wind Energy Conversion System (WECS), Small P+ S+ S+ S+ S+ S+ S+ S+ S+ S+ P+ P+ P+ 0 (Building -Mounted) Temporary Uses Temporary Storage Containers and Other P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.6A Portable Storage Units Concrete or Asphalt Batching P+ P+ P+ P+ N 4P+ I A P+ P+ P+ P+ P+ P+ P+ P+ 5.5.613 Plant, Temporary Farmer's Market or Open Air P+ P+ P+ P+ P+ P+ P+ P+ 5.5.4 Market Field or Construction Office P+ P+ P+ P+P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.6C Seasonal Sales P+ P+ P+ P+ P+ P+ P+ 5.5.4 Special Event■ P+ P+ P+ P+ P+ P+ P+ 5.5.4 Portable Wireless P+ P+ P+ P+R—MP P+ P+ P+ P+ P+ P+ P+ 5.5.4 Telecommunications Facility 322 IIS!. [V M Z21-0005 Notification Map Mwo"I'll" �-' �'-' .' " --- 1. -4 offer, 1 �g I �V- —g��C ALLEYS III 01111 �N� 0 75 150 300 SITE W c� E Feet S Parcels J. of �tTr OF Roadsa DENTON a Development Services • GIS Date: 51612021 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are th of the City of Denton and have been made available to the public based on the Public Information Act. The City of, Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. PUBLIC HEARING NOTIFICATION SIGN AFFIDAVIT OF SIGN POSTING Project No. _Z21-0005 Date of Planning and Zoning Commission Meeting: June 23, 2021 I hereby certify that I have posted or caused to be posted Public Hearing Notification sign(s) on the property subject to Project Name/Number Z21-0005 / Duplex Development , located at 418 Robertson Street - Denton. TX 76205 Said sign(s) have been obtained through a sign contractor of choice and meet the specifications as stated in the City of Denton Public Hearing Sign Criteria Sheet. Posting of said signs was accomplished on �3- VA) /'Q T � , 20 Z / Said signs have been posted in a manner which provides an unobstructed view and which allows clear reading from the public right(s)of-way along Robertson Street & Wye Street . Said signs will be maintained on the property throughout the entire public hearing process and will be removed within three (3) calendar days subsequent to the final decision by the approving body. I further certify that this affidavit was filed with the Planning Department of the City of Denton within the time provisions specified in the City of Denton Public Hearing Sign Criteria Sheet. U this the /0 Tfl day of Iy�E Signs ture of Applicant or Authorized Representative for Project No. Z21-0005 L/l.[Sn;u &MIC Printed Name of Applicant or Authorized Representative for Project No. Z21-0005 STATE OF TEXAS COUNTY OF Q6107(7AJ BEFORE ME, a Notary Public, on this ta' 1dayV,-✓E �} uu QQ� ) personally appeared ,u57'j'-A( 3rroUG 13,n^ Asc,4,rSrf a ow er's name) the above signed, who, under oath, stated the following: 2�2 "I hereby certify that I am the owner, for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the /C/ 7141 day of TU , 20-Z�. MICHAEL STOLLE �9�NoPublic. State Texas :+� Comm. Expires OB -222 -2022 Notary ID 125811013 Notary Signature (seal) PLEASE NOTE: Failure to post the notification sign(s) on tl:e property by the close of business (S pm) on the tenth (10111) day prior to the first public hearing shall result in the postponement of consideration by the Board or Commission. Date/Time submitted: STAFF USE ONLY: Verified by: 324 y� S t ert 5 rl 300 T i dpi:: � �a v Sr"• ji ENE i y i t 328 e!. `r� yf�„ � • ' }': GCE • ,,x � ° ��:'� s`+�i�' r .,��� _ i �IU• -`� d .�� ,'+,�W',. ��� e - ,. �* .N � *'�{„"'�� ` � � l': W11l If ��� .t 'if'�. ' f T �. w s� y,�,� �f4�. �y� Cdr' �' �"I + �a •1 W,f� � �o"!' � 1 ,4 � �4p M�._ � t z. 'i1}� !,F•�� k ,�� r y ._. � _ a r -fir, _ 1 -gyp II i .4 1'.1 - :V ff . ��. ' � � � ► i �- f � r Fd r I� s� 4 i�'f9 oTrGr. yV- 4 S - U"`- wyl " Wf 4{gl�chL1'',�� � -,fi � p 4 ar-�, u..4� fA�_ .� ,y',,.� r t 3� SS•i � �1 r ' i : t� "� u •l n� p„ eakI a >'� x 5T . x•R,- sex � �' "�:`' ' 60 ic -0- 4 - laww 43"Y,,y, f'\ a, 'ate' -r�✓` r� - r •. • � + � `9 � r+ '.'"M � 4c yn / i9 l s � � l�'- !,d � a✓' f ��>.1 �'��.� •J� / � f\ 1`�1 ` '�ajbf,:���� i -�� �� t�_`}�>~�y_��-,yv �Yj'� tiF.J��`;4C'A7a�m� � Yrs-: i y3' .,..ii �a �ywF v _ xSw. �° .. � .r �ir' ,}�f.3;,1 �L' �_. �•. � Y i'`•. _.• ` �d�A'f. �x •r'..7 ak �.rty�� r`5 T �n '�:':� •r '7 ;�: " r� � SWI .l� �•�, + ,r. ,,, �j. �� s+n\ x'" ��r "91 � r('� . �,� �d -s. "�•� t � :f n r � a _�h i r ., t - C�. 1 �r � h 7. y d� 7. TW 1!'�Y tr � A � : �- d,{. ,�.�"��: � ti" �r'�7 y'x•� . _�T �•a. � , .. orf � i� �� '- ��`�, p -„ � -�v � , -.- -r �-,_����� .may,.• -t`1 �sj � -J"4• , < , � r _ � Y'� Ti'} �Ys. , 3r�= � ,�! -arm �r '!" ;Tlf`C /'�' •, �'. < s V z� • ¢ a . l f \ .`yt�� 71• ` y NJ _ psis wL,:ay Y!/-�(�Dp'+�.�'` Y. *,k, IZ i r y :;`#Ijj. V: gy�*i �` r n �e y e' •� QUfa fi+' y tv t':• .�f �, 1 f� ;r:. �'� \ �"' lips. ll" \ � �, �s I ... �l ... . Fn� .p f . _ ��; fJ' J • r .i ,� �4�.ay! �n ' r:,' ., i' : �. - � � r�rw,. c �,Fc� �, r.� �53��f� � �^. s e• I 1 I'1` '�. (i� 1 �'!�•�4. Y :y ,t.,.r 1 \ '°� � >y ' x+,T ti • la \ � 3 i +, - 2 _ � `� is _ y � �':.�4� j?4y �. •• \ �� IVY h.i � i/F,.i 1�ifF• '^� . .. -`0.7 `:�.' 'isi-T� /,3°1� � f� �� 9!• a 'r __ �Fl - a �� ,qs ,�� k• F $� g r �1 ; �� / �•rir�lr � // ''��, i ji/ 1!/ }r y� �'� R-• p � y— � •^vim k"`ysy ;y y':�y T_ _ �� ���;' i �����yyrpt -✓— � -' ` '�'' 1�-- F 1 5 � I • � r � i 1„Ac: t� :.l t r. - � 'r :e�'Wtz"� h"' J _ L� e.�;,4'�y- � y � r. av �� �, {rte. .,r �. t� 1 � - I - ,. ��11h' � �� '��j � q� 4 �'-.`d �. `'' p. fT r ac. ;p'3 •s ���»ta"�'ifi !" �� J'^a'�,c �'._'� 'X''iv a -,�` ;v 'yi. °-Fw ��! 4 i � ;f r � • �\ r L � -., � � t,°' - � s '� s�,F ✓ �': r` l4 �, a� `�+'� r a '� s. �- '� '`� k r ys : zk A. AlT'=�"'x,�.-� i...i '�'^,-�'-�'' `�"'"�-`c a.L �E"". � � ,_ �rTr �� •ti�'.,�L�� fir�,r �-T"'. � �.�,y,-r�'g .:�,y,� ,.. y-v, �,,F'- r j=Y�S � - __ .. rt � Closer Picture of Signage: `�0 1j�a . • � . r � . tiwi l. DENTON R Notice of Public Nearing ,Project Number. Z21•0009 Project Name: Duplex Development a P7 „ Request: Rezoning from MN R4 to R6 �' ak information: tin°s � • � �, � °re u�ic.mee �w✓w.cityoFdeng40} 349`8541 TT �.�$f'sk'�jtl f'.r •¢�,4—y�.'z,�.yg t�� i, i - - _ �8'��' F�• 4�s[ y�a��d �1 - -�1� j moi, Y � t �AsS. 332 BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY TEXAS SECRETARY of STATE JOSE A. ESPARZA Page I of I BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 803460364 Entity Type: Domestic Limited Liability Company (LLC) Original Date of Filing: November 1, 2019 Entity Status: In existence Formation Date: N/A Tax ID: 32072427449 FEIN: Duration: Perpetual Name: 3JM Asset Holdings, LLC Address: 1517 CENTRE PLACE DR STE 300 DENTON, TX 76205-1205 USA ASSOCIATED REGISTERED AGENT FILING HISTORY NAMES MANAGEMENT ASSUMED NAMES ENTITIES Name Address Inactive Date Michael Stolle 1517 Centre Place Dr. Suite 300 Denton, TX 76205-76210 USA Order Return to Search Instructions: Q To place an order for additional information about a filing press the 'Order' button. 333 https:Hdirect. sos. state.tx.us/corp_inquiry/corp_inquiry-entity.asp?: Sfiling_number=803460... 6/17/2021 IW I \: \ \S AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM MIXED-USE NEIGHBORHOOD (MN) AND RESIDENTIAL 4 (R4) DISTRICTS TO RESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY 0.326 ACRES OF LAND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF ROBERTSON STREET AND SKINNER STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z21 -0005a) WHEREAS, Steven Homeyer of Homeyer Engineering, Inc., on behalf of the property owner, 3JM Asset Holdings, LLC, has submitted a request to rezone approximately 0.326 acres of land from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6) District, legally described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on June 23, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (6-0) of the request; and WHEREAS, on August 3, 2021, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the Property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to Residential 6 (R6) District. SECTION 3. The City's official zoning map is hereby amended to show the established zoning district and use classification. 334 SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by seconded by the following vote - ]: Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jessie Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the and the ordinance was passed and approved by Aye Nay Abstain Absent day of GERARD HUDSPETH, MAYOR Page 2 of 3 2021. 335 ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Hilary 2021.07.237.23 11:06:34 BY: -05'00' Page 3 of 3 336 Exhibit A Legal Description Being a 0.326 acre tract of land out of the Alexander Hill Survey, Abstract Number 623 situated in the City of Denton, Denton County, Texas and being all of Lot 13, Block 6, of Alex Robertson Addition, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded under Plat Book A, Page 180, Public Records, Denton County, Texas, said lot having been conveyed to ZB Eagle Partners, Limited Partnership by deed of record in Document Number 93-0036885 of the Official Public Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING, at a 5/8 inch iron rod found in the south right-of-way line of Robertson Street, being the Northeast corner of Lot 12 of said Alex Robertson Addition, also being the Northwest corner of said Lot 13; THENCE, S71°34'04"E, along the south right-of-way line of Robertson Street, a distance of 256.00 feet to a 1/2 inch iron rod with green plastic cap stamped "BAGLESURVEYING" set in the south right-of-way line of Robertson Street, also being the north right-of-way line of Wye Street, for the Northeast corner hereof; THENCE, N89°50'47"W, along the north right-of-way line of Wye Street, a distance of 69.89 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLESURVEYING"; THENCE, S75°03'01 "W, along the north right-of-way line of Wye Street, a distance of 186.00 feet to a 1/2 inch iron rod with plastic cap stamped "R -PLS #4561"; THENCE, NO2°59'36"E, along the west line of said Lot 13, being the common east line of said Lot 12, a distance of 128.91 feet to a 5/8 inch iron rod being the POINT OF BEGINNING and containing an area of 0.326 Acres, or (14,212 Square Feet) of land, more or less. 1 of 1 337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MINUTES PLANNING AND ZONING June 23, 2021 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, June 23, 2021, at 4:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric Pruett, and Donald McDade ABSENT: Ronnie Anderson STAFF: Hayley Zagurski, Julie Wyatt, Sean Jacobson, Karina Maldonado, Cameron Robertson, Mack Reinwand, and Selena Dillard. WORK SESSION Chair Andrew Rozell opened the Work Session at 4:02 p.m. He noted that Commissioners Ronnie Anderson and Margie Ellis were absent. Commissioner Margie Ellis arrived at 4:05 p.m. 1. Citizen Comments on Consent Agenda Items The following individual submitted a virtual comment card on item PP21-0004b: Aaron Ketchand, 14114 Dallas Parkway Suite 265, Dallas, Texas, 75254 2. Work Session Reports A. Receive a report, hold a discussion, and give staff input regarding Phase II of the Americans with Disabilities Act (ADA) Transition Plan Stuart Birdseye, Assistant to the City Manager, Carin Zeman, Recreation Coordinator, and Gary Packan, Director of Parks and Recreation, presented to the Commission. A discussion followed. 3. Clarification of agenda items listed on the agenda for this meeting_ Hayley Zagurski, Interim Planning Director, presented item 4A, PP21-0010. 338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Karina Maldonado, Assistant Planner, presented item 4B, PP21-0011 Hayley Zagurski, presented item 4C, FR21-0006. Karina Maldonado presented item 41), ZCP21-0012. Sean Jacobson, Assistant Planner, presented item 5B, PD21-0003. A discussion followed. Julie Wyatt presented item 5C, PD21-0001c. A discussion followed. Becky Diviney, Director of Capital Projects, and Chandra Muruganandham, Senior Engineer, spoke on the item. Cameron Robertson, Historic Preservation Officer, presented item 51), Z21-0005. Commissioner Tim Smith requested that item 5D be presented before item 5C. Chair Rozell closed the Work Session at 5:43 p.m. REGULAR MEETING The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, June 23, 2021 at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: PRESENT: Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Eric Pruett, Donald McDade, and Jason Cole. ABSENT: Ronnie Anderson STAFF: Hayley Zagurski, Julie Wyatt, Sean Jacobson, Karina Maldonado, Cameron Robertson, Mack Reinwand and Selena Dillard. Chair Andrew Rozell opened the Regular Meeting at 6:31 p.m. Chair Rozell noted that Commissioner Ronnie Anderson was absent from this meeting. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 339 1 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES 2 FOR: 3 A. Consider the approval of the June 9, 2020 meeting minutes. 4 5 Commissioner Tim Smith motioned to approve the June 9, 2021 meeting minutes. Motion 6 seconded by Commissioner Margie Ellis. Motion approved (6-0-0-1-0) 7 8 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 9 Pruett, and Donald McDade. 10 NAYS (0): None. 11 RECUSED (0): None. 12 ABSENT (1): Ronnie Anderson 13 ABSTAINED (0): None. 14 15 3. CONSENT AGENDA 16 A. Consider a request by Lee Allison of Allison Engineering Group, on behalf of NWQ 17 Teasley Partners, LLC, for a Final Plat of Denton Texas Medical Clinic. The 18 approximately 1.202 -acre property iseg nerally located on the west side of Teasley, 19 approximately 525 feet north of the intersection of Teasley Lane and Hickory Creek 20 Road, in the City of Denton, Denton County, Texas. (FP21-0016, Denton Texas 21 Medical Clinic, Sean Jacobson). 22 23 B. Consider a request by Robson Denton Development, LP for approval of a Preliminary 24 Plat for Robson Ranch Unit 6.2. The approximately 21.9 -acre site iseg nerally located 25 at the northeast corner of Banded Iron Lane and Crestview Drive in the City of 26 Denton. Denton Countv. Texas. (PP 19-0024. Robson Ranch Unit 6.2. Julie Wvatt). UFA 28 C. Consider a request by JAMP GANZER, LP for approval of a Preliminary Plat of the 29 Reserve on Ganzer Addition. The approximately 125.01 -acre property iseg nerally 30 located on the north side of Ganzer Road, approximately 1,460 feet east of Rector 31 Road, in the City of Denton's Extraterritorial Jurisdiction, Denton County, Texas. 32 (PP21-0004b, The Reserve on Ganzer, Julie Wyatt. 33 34 Commissioner Ellis motioned to approve the Consent Agenda. Motion seconded by 35 Commissioner Jason Cole. Motion approved (6-0-0-1-0) 36 37 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 38 Pruett, and Donald McDade. 39 NAYS (0): None. 40 RECUSED (0): None. 41 ABSENT (1): Ronnie Anderson 42 ABSTAINED (0): None. 340 1 2 4. ITEMS FOR INDIVIDUAL CONSIDERATION 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A. Consider a request by Earl Escobar, P.E. of Crannell Engineering, on behalf of Hive Management, LLC., for a Preliminary Plat of Windsor Oaks Phase 2 Addition. The approximately 42.966 -acre subject property is located on the south line of Silver Dome Road, East Line of Farris Road and West line of Cooper Creek Road, in the City of Denton, Denton County, Texas. PP21-0010 Windsor Oaks Phase 2 Addition, Mark Laird). Hayley Zagurski presented item 4A, PP21-0010. The following individuals submitted a virtual comment card: Brian Bentley, 2528 Jamestown Lane Cindy David, 5201 Farris Road, Denton, Texas, 76208 Brendan Kennelly, 5058 Oak Bend Circle, Denton, Texas, 76208 Jerry Morgan, 5046 Oak Bend Circle, Denton, Texas, 76208 Jeff Krueger, 3905 Deer Forest Drive, Denton, Texas, 76208 Sherry Krueger, 3905 Deer Forest Drive, Denton, Texas, 76208 Debbie Parrish, 3912 White Tail Drive, Denton, Texas, 76208 Craig Parrish, 3912 White Tail Drive, Denton, Texas, 76208 Carolyn Smith, 4224 Hartlee Field Road, Denton, Texas, 76208 Lauren Bonenberger, 5633 Woodland Hills Drive, Denton, Texas, 76208 Colleen Graham, 3010 Hartlee Court, Denton, Texas, 76208 Greg Graham, 3010 Hartlee Court, Denton, Texas, 76208 Mary Arndt, 3375 Hartlee Field Road, Denton, Texas, 76208 Robert Tickner, 3900 Deer Forest Drive, Denton, Texas, 76208 Roger Cox, 3912 Deer Forest Drive, Denton, Texas, 76208 Jackie Thames, 3912 Deer Forest Drive, Denton, Texas, 76208 Mike Gregory, 4524 Coyote Point, Denton, Texas, 76208 Ned Woodbridge, 3596 Hartlee Field Road, Denton, Texas, 76208 Stephen Arndt, 3375 Hartlee Field Road, Denton, Texas, 76208 Martha Tarlton, 3429 Farris Road, Denton, Texas, 76208 Timothy Tarlton, 3429 Farris Road, Denton, Texas, 76208 Gary Acord, 3120 Deerfield Drive, Denton, Texas, 76208 Toni Tissaw, 3916 Fawn Drive, Denton, Texas, 76208 Mary Tickner, 3900 Deer Forest Drive, Denton, Texas, 76208 Jakob Vingren, 3213 Deerfield, Denton, Texas, 76208 Shauna Seran, 2720 Hartlee Court, Denton, Texas, 76208 Ashleigh McClendon, 0 Pine Trail, Denton, Texas, 76208 Commissioner Smith motioned to deny the item. Motion seconded by Commissioner Jason Cole. Motion approved (6-0-0-1-0) 341 1 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 2 Pruett, and Donald McDade. 3 NAYS (0): None. 4 RECUSED (0): None. 5 ABSENT (1): Ronnie Anderson 6 ABSTAINED (0): None. 7 8 B. Consider a request by Steven Homeyer of Homeyer Engineering, Inc. on behalf of 9 Habitat for Humanity of Denton County for approval pf a Preliminary Plat of the 10 Habitat Village Addition. The approximately 8 -acre site iseg nerally located on the 11 east side of Duncan Street, in the City of Denton, Denton County, Texas. (PP21-0011, 12 Habitat Village, Karina Maldonado). 13 14 Karina Maldonado presented item 4B, PP21-0011. 15 16 Commissioner Smith motioned to approve the extension of the item to a date certain of July 14, 17 2021. Motion seconded by Commissioner Cole. Motion approved (6-0-0-1-0) 18 19 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 20 Pruett, and Donald McDade. 21 NAYS (0): None. 22 RECUSED (0): None. 23 ABSENT (1): Ronnie Anderson 24 ABSTAINED (0): None. 25 26 C. Consider a request by Brock A. Pfister of Kimley-Horn and Associates, Inc., on 27 behalf of Kevin Lazares of Forestar (USA) Real Estate Group, for approval of a Final 28 Replat of the Eagle Creek — Phase 4 Addition. The approximately 32.320 -acre site is 29eg nerally located south of Parvin Street and north and west of Roselawn Drive, in the 30 City of Denton, Denton County, Texas. (FR21-0006, Eagle Creek — Phase 4, Ron 31 Men uita). 32 33 Hayley Zagurski presented item 4C, FR21-0006 34 35 Commissioner Smith motioned to approve the extension of the item to a date certain of July 14, 36 2021. Motion seconded by Commissioner Ellis. Motion approved (6-0-0-1-0) 37 38 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 39 Pruett, and Donald McDade. 40 NAYS (0): None. 41 RECUSED (0): None. 42 ABSENT (1): Ronnie Anderson 43 ABSTAINED (0): None. 44 342 I D. Consider a request by Tyler Day of urban Structure, on behalf of Prime Denton 2 Properties, LLC for approval of a Site Plan for Phase 2 and amendment of Phase 1 of 3 a medical office buildingdevelopment within the Rayzor Ranch South Addition. The 4 approximately 3.784 -acre subject site iseg nerally located on the northeast corner of 5 the intersection of Interstate 35 and Scripture Street, in the City of Denton, Denton 6 County, Texas. (ZCP21-0012, Rayzor Medical Office Building Phase 2, Karina 7 Maldonado). 8 9 Karina Maldonado presented item 4D, ZCP21-0012. 10 11 Commissioner Smith motioned to approve the item with staff recommendations. Motion 12 seconded by Commissioner Cole. Motion approved (6-0-0-1-0) 13 14 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 15 Pruett, and Donald McDade. 16 NAYS (0): None. 17 RECUSED (0): None. 18 ABSENT (1): Ronnie Anderson 19 ABSTAINED (0): None. 20 21 5. PUBLIC HEARING 22 23 Commissioner Smith asked that item 5D be heard before item 5C. 24 25 A. Hold a public hearing and consider making a recommendation to City Council 26 regarding a request by the City of Denton to rezone approximately 30.43 -acres from 27 Public Facilities (PF) District to Light Industrial (LI) District. The subject iseg nerally 28 located on the south side of Jim Christal Road, approximately 900 feet east of Thomas 29 J Egan Road, in the City of Denton, Denton County, Texas. Z21-0007, Jim Christal 30 Road Rezoning, Karina Maldonado) STAFF IS REQUESTING THIS ITEM BE 31 POSTPONED TO A DATE CERTAIN OF JULY 14, 2021. 32 33 Chair Rozell opened the public hearing. 34 35 Commissioner Smith motioned postpone the item to a date certain of July 14, 2021. Motion 36 seconded by Commissioner Eric Pruett. Motion approved (6-0-0-1-0) 37 38 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 39 Pruett, and Donald McDade. 40 NAYS (0): None. 41 RECUSED (0): None. 42 ABSENT (1): Ronnie Anderson 43 ABSTAINED (0): None. 44 343 I B. Hold a public hearing and consider making a recommendation to City Council 2 regarding a request by Rob Baldwin, on behalf of the property owner, to rezone 3 approximately 17.805 -acre site iseg nerally located 275 feet north of the intersection of 4 N Bonnie Brae Street, and Capril Al Lago Drive, in the City of Denton, Denton County, 5 Texas. (PD21-0003, Perch, Sean Jacobson). 6 7 Chair Rozell opened the public hearing. 8 9 Sean Jacobson presented item 513, PD21-0003. 10 David West, Applicant, and Ros Baldwin, Applicant's legal counsel, presented to the Commission. 11 A discussion followed. 12 13 The following individuals spoke on the item: 14 Michael Denney, 2200 Overlook Lane, Denton, Texas, 76207 15 Drew Christ, 2208 Carriage Hill, Denton, Texas, 76207 16 17 The following individual submitted a virtual comment card: 18 Melissa Buffington, 2201 Crestmeadow Street, Denton, Texas, 76207 19 20 Chair Rozell closed the public hearing. 21 22 Commissioner Smith motioned to approve the item with staff recommendations. Motion 23 seconded by Commissioner Margie Ellis. Motion approved (6-0-0-1-0) 24 25 AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric 26 Pruett, and Donald McDade. 27 NAYS (0): None. 28 RECUSED (0): None. 29 ABSENT (1): Ronnie Anderson 30 ABSTAINED (0): None. 31 32 C. Hold a public hearing and consider making a recommendation to City Council 33 regarding a request by Brown Development 1 LTD to rezone approximately 95.18- 34 acres from Neighborhood Residential 4 (NR4) District to a Planned Development (PD) 35 District and 5.25 -acres from Neighborhood Residential 7 (NR7) District to a Planned 36 Development (PD) District, totaling approximately 100.43 -acres. The 95.18 -acre site 37 iseg nerally located northwest of the intersection of Deerwood Parkway and Grant 38 Parkway and the 5.25 -acre site iseg nerally located northeast of the intersection of North 39 Loop 288 and Kings Row, in the City of Denton, Denton County, Texas. (PD21-0001 c, 40 Kings Ways, Julie Wim), 41 42 Chair Rozell opened the public hearing. 43 44 Julie Wyatt presented item 4C, PD21-0001. 344 1 2 Jim Strange, Applicant, and Thomas Fletcher, Applicant, presented to the Commission. 3 4 The following individuals spoke on the item: 5 Shauna Serano, 2720 Hartlee Court, Denton, Texas, 76208 6 Reid Ferring, 4572 Coyote Pointe, Denton, Texas. 76208 7 Eva Cadwallader, 2920 Fawn Drive, Denton, Texas, 76208 8 Tom Silva, 2201 Longmeadow Road, Denton, Texas, 76208 9 Vickie McGovern, 3110 Hartlee Field Road, Denton, Texas, 76208 10 Bud Vokoun, 3909 Grant Parkway, Denton, Texas, 76208 11 Judith Michalewicz, 3921 Fawn Drive, Denton, Texas, 76208 12 RJ Miller, 5045 Oak bend Circle, Denton, Texas, 76208 13 Debra Mills, 3907 Whitetail Drive, Denton, Texas, 76208 14 15 The following individuals submitted a virtual comment card: 16 Anna Modrow, 3804 Deer Forest Drive, Denton, Texas, 76208 17 Chris Modrow, 3804 Deer Forest Drive, Denton, Texas, 76208 18 Brian Bentley, 2528 Jamestown Lane, Denton, Texas, 76208 19 Barbara Gatlin, 3812 Deer Forest Drive, Denton, Texas, 76208 20 Debra Mills, 3907 Whitetail Drive, Denton, Texas, 76208 21 Ryan Cole, 3841 Grant Parkway, Denton, Texas, 76208 22 Ann Woodbridge, 3596 Hardee Field Road, Denton, Texas, 76208 23 Cindy David, 5201 Farris Road, Denton, Texas, 76208 24 Pat Courtney, 3941 Fawn Drive, Denton, Texas, 76208 25 Brendan Kennelly, 5058 Oak Bend Circle, Denton, Texas, 76208 26 Jeff Krueger, 3905 Deer Forest Drive, Denton, Texas, 76208 27 Sherry Krueger, 3905 Deer Forest Drive, Denton, Texas, 76208 28 Debbie Parrish, 3912 White Tail Drive, Denton, Texas, 76208 29 Craig Parrish, 3912 White Tail Drive, Denton, Texas, 76208 30 Jerry Morgan, 5046 Oak Bend Circle, Denton, Texas, 76208 31 Carolyn Smith, 4224 Hartlee Field Road, Denton, Texas, 76208 32 Paul Whitlock, 3824 Deer Forest Drive, Denton, Texas, 76208 33 Karen Whitlock, 3824 Deer Forest Drive, Denton, Texas, 76208 34 Lauren Bonenberger, 5633 Woodland Hills Drive, Denton, Texas, 76208 35 Colleen Graham, 3010 Hartlee Court, Denton, Texas, 76208 36 Greg Graham, 3010 Hartlee Court, Denton, Texas, 76208 37 Mary Arndt, 3375 Hartlee Field Road, Denton, Texas, 76208 38 Susan Stanfield, 3209 Deerfield Drive, Denton, Texas, 76208 39 Robert Tickner, 3900 Deer Forest Drive, Denton, Texas, 76208 40 Carolyn Barnes, 5504 Woodland Hills Drive, Denton, Texas, 76208 41 Roger Cox, 3912 Deer Forest Drive, Denton, Texas, 76208 42 Jackie Thames, 3912 Deer Forest Drive, Denton, Texas, 76208 43 Tanner Trejo, 2401 East Windsor Drive, Denton, Texas, 76209 44 Neely Trejo, 2401 East Windsor Drive, Denton, Texas, 76209 345 1 Crystal Trejo, 2401 East Windsor Drive, Denton, Texas, 76209 2 Ryan Hatchell, 3001 Megan Street, Denton, Texas, 76209 3 Robbie McCarty, 3901 Deer Forest Drive, Denton, Texas, 76208 4 Brittany Hatchell, 3001 Megan Street, Denton, Texas, 76209 5 Mark Cohagen, 815 Edgewood Place, Denton, Texas, 76209 6 Joan Cohagen, 815 Edgewood Place, Denton, Texas, 76209 7 Cole McCarty, 3901 Deer Forest Drive, Denton, Texas, 76208 8 Lisa McCarty, 3901 Deer Forest Drive, Denton, Texas, 76208 9 Mike Gregory, 4524 Coyote Point, Denton, Texas, 76208 10 Delaney Gregory, 4524 Coyote Point, Denton, Texas, 76208 11 Sheri Steward, 5012 Golden Circle, Denton, Texas, 76208 12 Brett Steward, 5012 Golden Circle, Denton, Texas, 76208 13 Diane Heathcock, 5016 Golden Circle, Denton, Texas, 76208 14 Stephen Arndt, 3375 Hartlee Field Road, Denton, Texas, 76208 15 Gene Heathcock Jr., 5016 Golden Circle, Denton, Texas, 76208 16 Ned Woodbridge, 3596 Hartlee Field Road, Denton, Texas, 76208 17 Martha Tarlton, 3429 Farris Road, Denton, Texas, 76208 18 Timothy Tarlton, 3429 Farris Road, Denton, Texas, 76208 19 Norman Mills, 3907 Whitetail Drive, Denton, Texas, 76208 20 Larry White, 3217 Deerfield Drive, Denton, Texas, 76208 21 Toni Tissaw, 3916 Fawn Drive, Denton, Texas, 76208 22 Mary Tickner, 3900 Deer Forest Drive, Denton, Texas, 76208 23 Gary Acord, 3120 Deerfield Drive, Denton, Texas, 76208 24 Regina Courtney, 3941 Fawn Drive, Denton, Texas, 76208 25 Jakob Vingren, 3213 Deerfield, Denton, Texas, 76208 26 Reid Ferring, 4572 Coyote Point, Denton, Texas, 76208 27 Ashleigh McClendon, 0 Pine Trail, Denton, Texas, 76208 28 29 Chair Rozell closed the public hearing. A discussion followed. 30 31 Commissioner Smith motioned to approve the item with staff conditions. Motion seconded by 32 Commissioner Ellis. Motion approved (5-1-0-1-0) 33 34 AYES (5): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, and 35 Donald McDade. 36 NAYS (1): Eric Pruett 37 RECUSED (0): None. 38 ABSENT (1): Ronnie Anderson 39 ABSTAINED (0): None. 40 41 D. Hold a public hearing and consider making a recommendation to City Council 42 regarding a request by Steven Homeyer, on behalf of the property owner, to rezone 43 approximately 0.326 -acres from Mixed -Use Neighborhood (MN) and Residential4 44 (R4) Districts to a Residential 6 (R^) District. The 0.326 -acre site iseg nerally located 346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 southeast of the intersection of Robertson Street and Skinner Street, in the City of Denton, Denton County, Texas. (Z21-0005, 418 Robertson Duplex, Cameron Robertson). Chair Rozell opened the public hearing. Cameron Robertson presented item 4D, Z21-0005. A discussion followed. Chair Rozell closed the public hearing. Commissioner Smith motioned to approve the item with staff recommendations. Motion seconded by Commissioner Cole. Motion approved (6-0-0-1-0) AYES (6): Chair Andrew Rozell, Commissioners: Margie Ellis, Tim Smith, Jason Cole, Eric Pruett, and Donald McDade. NAYS (0): None. RECUSED (0): None. ABSENT (1): Ronnie Anderson ABSTAINED (0): None. 6. PLANNING AND ZONING COMMISSION PROJECT MATRIX Hayley Zagurski, Interim Planning Director, gave an update of City Council decisions, as well as upcoming work session reports. Chair Rozell asked that an item be added to the matrix pertaining to the criteria for why plats are recommended for denial. 6. CONCLUDING ITEMS Chair Rozell closed the meeting at 9:26 p.m. Andrew Rozell Chair 347 Z21 -0005a Residential Zoning August 3, 2021 City Council Meeting iy- Request & Site Data • Rezoning 0.326 acres from Mixed -Use Neighborhood (MN) and Residential 4 (R4) Districts to a Residential 6 (R6) District • Subject property is currently vacant; approx. 0.10 acres (MN District) and 0.23 acres (R4 District) • Based off historic aerials, it is assumed that the property has been vacant since 1984 • Surrounded by MN, R4, Residential 3 (R3), and Public Facilities (PF) Districts �zWIM� DENTON 349 bou 604 608 2002 Zoning Map NRMU/NR-4 Districts ry ENTON Current Zoning Proposed Zoning Map Map Z, W a MN R6 MN R4 R4 MN and R4 Districts me R3 R6 District consistent with surrounding zoning 350 General Approval Criteria for All Applications (Sec. 2.4.5E) 1. General Criteria 2. Prior Approvals 3. Consistent with the Comprehensive Plan and Other Applicable Plans 4. Compliance with this DDC 5. Compliance with other regulations 6. Consistent with Interlocal and Development Agreements 7. Minimizes Adverse Environmental Impacts 8. Minimizes Adverse Impacts on surrounding Property 9. Minimizes Adverse Fiscal Impacts 10.Compliance with Utility, Service, and Improvement Standards 11. Provides Adequate Road Systems 12.Provides Adequate Public Services and Facilities 13. Rational Phasing Plan 4 ci I!r DENTON 351 Zoning Criteria for Approval (Sec 2.7.2D) 1. The proposed rezoning is consistent with the Future Land Use Map designation. 2. The proposed rezoning is consistent with relevant Small Area Plan(s). 3. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. 4. There have been or will be significant changes in the area to warrant a zoning change. S. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. 6. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. 7. There was an error in establishing the current zoning district. op 8/3/2021 File ID: Z21-0005aTYAWIIM� DENTON 352 Denton Plan 2030 Site is designated Low Residential ✓ Intended for new development up to 4 dwelling units per acre; organized to promote walkability, access to parks, open space, and recreation amenities ✓ R6 consistent with the FLUD, as it permits a variety of 221-0005 Future Land Use Map Downtown Compatibility Area r lower intensity housing types available to the community,; at a scale and form typically found in the established residential area within walking distance of parks and h';il�icl:l school facilities. ✓ Serves as a transition between the Low Residential area and the Downtown Compatibility Area, just to the north. Musa ✓ Infill lot surrounded by existing neighborhoods and TT infrastructure 4 proposal furthers overall goal to promote _ a compact development pattern through infill development. Low Residential IT DENTON 4 353 Minimizes Adverse Impacts on Surrounding Property ✓ R6 consistent with the surrounding zoning and development pattern: ■ Existing land use pattern along Robertson Street is mixed-use; includes residential, restaurant, and religious assembly uses ■ Infill development would provide variety of housing options that are complimentary in scale and character, and serve as a transition between single-family neighborhoods and mixed- use/Downtown transition areas ✓ 3 Duplexes and 2 Fourplexes currently located within 650 feet or less of the subject property ✓ No direct vehicular connection to the neighborhood to the south, except along Robertson Street ✓ Development will require conformance with current site design standards, including screening and landscaping .T,!Yr DENTON q 354 ✓ Public Facilities and Services Available to Serve Property Transportation • Generate 30 vehicle trips per day with 2 total morning peak hour trips and 4 evening peak hour trips ✓ Schools • Within the attendance zones for Borman Elementary School, Calhoun Middle School, and Denton High School; generate 1 elementary student Parks • The subject property is located approximately 0.4 mile from Fred Moore Park. Approx. an 9 -10 -minute walk, which meets the Park Department's goal of 10 -Minute Walk to a Park Water and Wastewater • Public water and wastewater services are available to the site. Tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. ✓ Nearest Fire Station • Approx. 0.6 miles from Central Fire Station (332 E Hickory Street), within the 8 minute or less response time boundary I OV 8/3/2021 File ID: Z21 Iry mw� ENTON Ro�ERTS�NSrR� ��'. Conceptual Site Plan 355 Public Outreach • Newspaper Ad: July 17, 2021 • Property Posted: July 16, 2021 • Mailed Notices: 200 ft. Public Notices mailed: 29 500 ft. Courtesy Notices mailed: 87 • Responses: In Opposition: 0 In Favor: 1 Neutral: 0 OtTVY�W,� DENTON =d 7 221.0005 Notification Map L IL T. :k a' x Now ■e L. � 4 l 'LII •�. � ��� � low Recommendation Planning and Zoning Commission recommends approval 6-0. Staff recommends approval of the requested rezoning as it complies with the criteria in Sections 2.4.5.E and 2.7.2.D of the Denton Development Code (DDC). CIz� DENTON ki-Yl City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: Z20 -0005c, Version: 1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Mixed -Use Regional (MR) District to Light Industrial (LI) District on approximately 142 acres of land generally located at the southwest corner of the I-35 Southbound Service Road and FM 1173 in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted (5-1) to recommend approval the request. (Z20 -0005c, Denton Commerce Center, Julie Wyatt) City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 358 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ICM: Sara Hensley DATE: August 3, 2021 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Mixed -Use Regional (MR) District to Light Industrial (LI) District on approximately 142 acres of land generally located at the southwest corner of the I-35 Southbound Service Road and FM 1173 in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted (5-1) to recommend approval the request. The Planning and Zoning Commission voted (5-1) to recommend approval the request. (Z20 -0005c, Denton Commerce Center, Julie Wyatt) BACKGROUND The applicant is requesting to rezone approximately 142 acres from Mixed -Use Regional (MR) District to Light Industrial (LI) District. The intent of the request is to facilitate the development of distribution and employment uses. The rezoning request is being considered concurrently with a Comprehensive Plan Amendment to modify the Mobility Plan to remove a segment of Cindy Lane which is planned to bisect the site (CA21-0001). PLANNING AND ZONING COMMISSION On July 14, 2021 the Planning and Zoning Commission held a public hearing and recommended approval (5-1) of the requested rezoning to LI District. At the meeting, the Planning and Zoning Commission discussed the expansion of warehouse and distribution uses in Denton. Additionally, the Commission requested information regarding the future small area plan for the area. Staff indicated that the small area planning effort has not yet begun, but a timeline is being coordinated with the Comprehensive Plan Update. Other discussion items included access to the site, right-of-way dedication, and the applicability of site design standards. No members of the public spoke in favor or opposition of the proposal. At the close of the public hearing, the Commission recommended approval of the request (5-1). A full Staff Analysis is provided in Exhibit 2. OPTIONS 1. Approve 2. Approve Subject to Conditions. 3. Deny 4. Postpone Item. 359 RECOMMENDATION The Planning and Zoning Commission recommended approval of the request (5-1). Staff recommended approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.2.D of the DDC for approval of a zoning change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action Approval of RCC -D 2002 City Council Citywide rezoning District for a linear strip along I-35 Southbound Service Road November 6, 2007 City Council 9 Annexation of 127.Approval (2007-268) acres Initial zoning of December 14, City Council recently annexed Approval (2009-280) 2007 property to RCC -D District New Zoning Code Transition to MR October 1, 2019 City Council and City-wide zoning District district transition May 6, 2020 Planning and Zoning Rezoning from MR Postpone to a date Commission District to LI District uncertain December 2, 2020 Planning and Zoning Rezoning from MR Postpone to a date Commission District to LI District uncertain Planning and Zoning Comprehensive Plan Comp Recommended approval July 14, 2021 Commission Amendment (CA21- (4-2) 0001 July 14, 2021 Planning and Zoning Rezoning to LI Recommended approval Commission District 5-1 PUBLIC OUTREACH: Fifteen notices were sent to property owners within 200 feet of the subject property. Two notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, staff has not received any responses. A notice was published in the Denton Record Chronicle on July 17, 2021. A notice was published on the City's website on July 14, 2021. Eight signs were posted on the property on July 2, 2021. A neighborhood meeting was not held. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact disclosures have been provided to staff from members of this body as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 360 2. Staff Analysis 3. Site Location Map 4. Future Land Use Map 5. Existing Zoning Map 6. Proposed Zoning Map 7. Permitted Use Comparison 8. Notification Response Map 9. Presentation 10. Draft Ordinance Respectfully submitted: Hayley Zagurski, AICP Interim Planning Director Prepared by: Julie Wyatt Senior Planner 361 Planning Staff Analysis Z20-0005/Denton Commerce Center City Council District #3 REQUEST: Request to rezone approximately 142 acres from Mixed -Use Regional (MR) District to Light Industrial (LI) District. STAFF RECOMMENDATION: Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.2.1) of the DDC for approval of a zoning change. SITE DATA: The site includes a total of 142 undeveloped acres bounded by the I-35 Southbound Service Road to the east, FM 1173 to the north, a railroad corridor to the west, and the future Loop 288 extension to the south. The general area's street network includes a variety of roadway types: • The I-35 corridor is designated as a freeway on the City's Mobility Plan. This is a Texas Department of Transportation (TXDOT) roadway and is intended to be expanded and reconstructed in the future. TXDOT's online Project Tracker currently indicates that the segment of I-35 from Highway 77 north to Cooke County is in the "Corridor Study" phase with construction estimated to start in 10 or more years. • Loop 288 is designated as a future freeway on the City's Mobility Plan, which will require right-of-way dedication at the time of development. This is a Texas Department of Transportation (TXDOT) roadway, and a timeline for construction and completion are currently not available. • FM 1173 is designated as a primary arterial on the City's Mobility Plan; however, the future alignment of FM 1173 will be modified to curve toward the north, merging with Barthold Road to create a more direct connection between Krum and I-35. The existing FM 1173 section adjacent to the site will remain in place, providing additional access along the north property boundary The surrounding area is primarily undeveloped or developed with agricultural uses. SURROUNDING ZONING AND LAND USE: Northwest: North: Northeast: Zoning: Extraterritorial Zoning: Rural Residential Zoning: General Office (GO) Jurisdiction (ETJ) (RR) and Mixed Use and Planned Development Use: Undeveloped Regional (MR) Districts (PD)Districts Use: Undeveloped, Single Use: Commercial Famil , A riculture West: East: Zoning: RR District ' ' Zoning: PD District Use: Agriculture Use: Undeveloped Southwest: South: Southeast: Zoning: ETJ and RR District Zoning: ETJ and MR District Zoning: PF and PD Districts Use: Retail and Agriculture 362 Use: Agriculture and Gas Use: Public Facility, Well Commercial CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. a. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria were applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9. Section 2.7.2.D of the DDC applies to this Zoning Map Amendment request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for zoning requests. b. Prior Approvals There are no prior approvals for this project. Consistent with the Comprehensive Plan and Other Applicable Plans The decision—making authority: a. Shall weigh competing goals, policies, and strategies. The Future Land Use designation for the subject property is Business Innovation, which is intended for large tracts of land that are appropriate for well-planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. The primary uses should be developed in a campus -like or corporate park setting that may include generous, linked open space to maximize value and promote visual quality and compatibility with the surrounding area. Primary uses include office, research and development, and light manufacturing. The Business Innovation Future Land Use designation supports the General Office (GO) and Light Industrial (LI) Districts. The proposed LI District is consistent with the Future Land Use Designation, as it permits a variety of light manufacturing, distribution, office, and commercial uses depicted in Business Innovation. The subject property is also part of a Gateway Focus Area, indicating that urban design is an important factor in development of the site. Given that the site's adjacency to the I-35 and the future Loop 288 corridors, commercial development standards will apply to prominent portions of the site. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. The LI District is consistent with the Business Innovation Future Land Use designation. 363 d. Compliance with this DDC a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a rezoning of the subject site. All subsequent development on this site will comply with applicable standards in the DDC. If approved, development under LI District must conform to minimum lot size and dimensions, building coverage, access management, parking, tree preservation, and landscaping. b. Compliance with these standards is applied at the level of detail required for the subject submittal. Typically, a rezoning to one of the DDC's established districts does not include a full review of all development standards. However, if the proposed rezoning is approved, prior to development, a detailed review will accompany all required plat, engineering plan, tree preservation, and building permit submittals. e. Compliance with Other Applicable Regulations This proposed request complies with all other applicable regulations. f. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts Prior to the public hearing for the rezoning request, the property owner submitted an Environmentally Sensitive Area (ESA) Assessment for three stream segments located on the subject property. After conducting an on-site assessment, staff concluded that the areas lacked the features necessary to be classified as a riparian buffer ESA and removed the ESA designations. Therefore, adverse environmental impacts are not anticipated. 8. Minimizes Adverse Impacts on surrounding Property Currently, much of the surrounding property is undeveloped or used for agricultural purposes. As the area develops, it is anticipated that the zoning and uses (particularly west of I-35) will correspond to the Future Land Use Map, which generally anticipates industrial, distribution, employment and supporting commercial uses. 9. Minimizes Adverse Fiscal Impacts This proposal is not expected to have an adverse fiscal impact. At the time of development, the developer would be required to provide the infrastructure necessary to support the development and pay impact fees in accordance with the City's fee schedule. 10. Compliance with Utility, Service, and Improvement Standards This proposed rezoning will not affect utilities, services, or improvements. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. 11. Provides Adequate Road Systems The subject property is located at the intersection of two highways and is not anticipated to negatively affect existing roadways systems within the City, with additional frontage along a third, arterial roadway ensuring ample access to the site. When the site is platted, the new development must comply with all applicable standards to ensure adequate roads and access. 364 12. Provides Adequate Public Services and Facilities This request will not affect public services and facilities. When the site is platted, the new development must comply with all applicable standards to ensure adequate public services and facilities are available. 13. Rational Phasing Plan This proposal does not have a phasing plan. When the site develops, a rational phasing plat will be reviewed, if applicable. B. Section 2.7.2.D of the DDC states that an application for a rezoning may be approved based on the following conditions: a. The proposed rezoning is consistent with the Comprehensive Plan. The subject site has a future land use designation of Business Innovation. LI District is consistent with Business Innovation as described above under Consideration A. b. The proposed rezoning is consistent with relevant Small Area Plan(s). There is not a small area plan approved for this site; however, at the April 21, 2021 Planning and Zoning Commission meeting and the May 18, 2021 meeting City Council meeting, a small area plan for the northern gateway area of the City was discussed. As part of that discussion, there was a general consensus that large scale industrial developments were more appropriate on the western side of the I-35 corridor with appropriate design standards being applied along key corridors. c. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. Per Section 3.5.2.A, "The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI district provides appropriate transitions to surrounding uses and lower -intensity districts and is sensitive to the adjacent built and natural context." LI District is appropriate in this location and consistent with the purpose of the district. d. There have been or will be significant changes in the area to warrant a zoning change. With the 1999 Denton Plan, the City identified this area as an emerging regional shopping/mixed-use district. The area's zoning designations reflected this vision and included Regional Center Commercial Downtown and Regional Center Commercial Neighborhood Districts. In 2012, the City began updating the Comprehensive Plan and determined that with the three regional commercial centers in place (South Loop 288, Denton Enterprise Airport, and Rayzor Ranch), this area was unlikely to develop as originally anticipated. Therefore, the Future Land Use designation was modified to Business Innovation to encourage employment centers with supporting commercial uses. The current zoning of MR District is a remnant of the 1999 Denton Plan and no longer consistent with the current vision of the area. 365 1. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. The following impact analysis is based upon the intended use indicated by the applicant. Transportation related to the proposal The applicant provided the following trip generation analysis for the entire 98 acres based upon the anticipated uses and development scale using the Institute of Transportation Engineers Trip Generation Manual — 10th Edition: Warehousing (ITE Land Use Code 140) 1,000,000 SF of anticipated gross square feet Weekday 24 Hours Weekday AM Peak 190 Weekday PM Peak 170 Trips 1,740 By the applicant's analysis, at full build -out, the site could include up to 1,000,000 square feet of warehouse space, generating approximately 1,740 trips within a 24- hour period. Due to the traffic volumes associated with the proposal, a Traffic Impact Analysis (TIA) must be submitted and approved by the City's Traffic Engineering prior to development of the site. The location of the property along an interstate highway (I-35) and a local highway (Loop 288) ensures that there is adequate capacity to accommodate the trips generated by the use and adverse impacts related to transportation are not anticipated. Roadway Impact Fees Roadway impact fees, paid at the time of development, are determined using a proportionality calculation based on the proposed uses and projected vehicle trips. These fees are used to make roadway system improvements related to the Mobility Plan. Access and Perimeter Street Improvements Although a final determination of requirements will be assessed at the time of platting and as part of the TIA evaluation, the extension of Loop 288 will affect the property, as it will require significant right-of-way dedication to accommodate the roadway. Sidewalks will be required along FM 1173. f. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. Water and Wastewater For water, the site may connect to an existing public water line located along FM 1173. The nearest sanitary sewer facilities are located approximately 500 feet to the north of FM 1173. These lines currently drain to a lift station which does not have adequate capacity to serve additional development. Therefore, and a new lift station 366 will be required prior to development of the site. The City is currently working on plans for required sanitary sewer improvements in this area and will be working with proposed developments in the area regarding the timing and capacity of needed improvements. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Nearest Fire Station The subject property is approximately 2.9 miles from Fire Station #5 (2230 W Windsor Drive). This meets the Fire Department's 8 -minute or less response time goal. g. There was an error in establishing the current zoning district. There was not an error in the assignment of the current zoning district; however, current zoning is based upon the 1999 Denton Plan. The proposed zoning would update the permitted uses to more accurately reflect the current comprehensive plan. 367 MASCH BRANCH Z20-0005 Site Location wbo"O'- N I 0 385 770 1,540 SITE COp W E S:I Feet e Parcels ETJ , 2 L ❑�A DENTON Roads //// NAA 8/1 /20 Development Services •GIS Date: N312020 The Ciry of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, endgineerino or surve ing purposes but rather for reference purposes. These maps are th ��� r of the Ci of Denton and have been made avai able to the public based on the Public Information Z. The City of Denton makes ever¥ effort�o pro uce an publish tie most current and accurate information possible. No warranties, expressed or implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. �d ' o _ Z20-0005 Site Location wbo"O'- N I 0 385 770 1,540 SITE COp W E S:I Feet e Parcels ETJ , 2 L ❑�A DENTON Roads //// NAA 8/1 /20 Development Services •GIS Date: N312020 The Ciry of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, endgineerino or surve ing purposes but rather for reference purposes. These maps are th ��� r of the Ci of Denton and have been made avai able to the public based on the Public Information Z. The City of Denton makes ever¥ effort�o pro uce an publish tie most current and accurate information possible. No warranties, expressed or implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. Rural Areas 00 Business Innovation Me 4 SITE Parcels Roads Z20-0005 Future Land Use Map ELM Iw cn N m G n m v cwri LOOP 288 I-35 Ramp �N 0 385 770 1,540 Future Land Use Low Residential W E Fee` - Rural Areas Business Innovation prepared maps for de adm have been made avaiPable r the data herein, its use, or 13 DENTON Development Services • GIS Date 3/3/2020 for legal, engineering or surveying purposes but rather for reference purposes. These maps are th / of effort to produce and publish the most current and accurate information possible. No warranties, expressed or this statement. FRUTH z O LITjTILE BROOKI HOOK w O J L: UN Z20-0005 Current Zoning Map BARTHOLD PRIVATE CJ L_ Ia I GO R2 I Q ,,,,,,///N��� 0 385 770 1,540 RR -Residential Rural MN - Mixed -Use Neighborhood = HI - Heavy Industrial I SITE W is Feet R1 -Residential - MD -Mixed-Use Downtown Core - PF -Public Facilities .a Q s II< are R2 - Residential - MR - Mixed -Use Regional - PD - Planned Development R3 -Residential - HC - Highway Commercial - MPC L7 Parcels j t ai CITY M R4 -Residential SC - Suburban Corridor - OVERLAY OF - R6 -Residential GO - General Office Cyq .s* DENTON - R7 -Residential A LI -Light Industrial Roads Development Services •GIS Date: NN2020 is prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, ergineering or surve ing purposes but rather for reference purposes. These maps are th 37� r of d have been made its u able to the public based on the Public Information Act. The City of Denton makes ever effort�o pro uce an publish tie most current and accurate information possible. No warranties, expressed or for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance othis statement. ®RUITH E BROOKI HOOK Z20-0005 Proposed Zoning Map GO I FLADGER II��jD HC MN R2 R31 N 0 385 770 1,540 SITE RR - Residential Rural MN - Mixed -Use Neighborhood _ HI -Heavy Industrial W I F Feet R1 :Residential MD - Mixed -Use Downtown Core - PF - Public Facilities R2 - Residential - MR - Mixed -Use Regional PD - Planned Development �/ Parcels - R3 -Residential - HC -Highway Commercial -MPC R4 - Residential - SC - Suburban Corridor - OVERLAY ' R6 -Residential GO - General Office Roads - R7 -Residential - LI - Light Industrial $� 13 1110 'p ° CITY OF DENTON Development Services • GIS Date: 412712020 �� The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are th of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort o produce and publish the most current and accurate information possible. No warranties, expressed or implied are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. 372 Table 5.2-A: Table of Allowed Uses P = permitted 5 = specific use permit required Blank cell = use prohibited += use-specific standards apply Residential Mixed-Use I Corridor I Other Nonresidential Use-Specific Standards RR IRI JR2 IR3 R4 R6 JR7 IMN JMD IMR ISC JHC IGO ILI HI JPF Residential Uses Household Living Single -Family Detached Dwelling P+ P+ P+ P+ P+ P+ P+ P+ 5.3.3A Townhome S+ P+ P+ P+ P+ P+ 5.3.36 Duplex S+ P+ P+ P+ P+ P+ 5.3.3C Triplex P+ P+ P+ P+ P+ 5.3.3C Fourplex P+ P+ P+ P+ P+ 5.3.3C Multifamily DwellingS+ P+ P+ P+ S+ S+ S+ 5.3.3D Tiny Home Development Subject to approval of a planned development (PD); see 5.3.3E Work/Live Dwelling P+ P+ P+ P+ P+ P+ S+ S+ 5.3.3F Manufactured Home Development (HUD Code) S+ S+ 5.3.3G Group Living Chapter House 5 S P Community Home P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.3.31 Dormitory 5 5 P Elderly Housing S+ S+ P+ P P P 5.3.3H Group Home S+ S+ S+ S+ S+ S+ S+ S+ 5.3.31 Public, Institutional, Religious, and Civic Uses Community and Cultural Facilities Airport, City-Owned P Cemetery, City-Owned P Club or Lodge P 5 S S S 5 S+ P+ P P+ P P P P+ P+ 5.3.4A Community Service P P P P P P P P P P P P P P P P Day Care, Adult or Child P 5 5 S 5 5 P P P P P P P P+ 5.3.46 Funeral and Internment Facility 5 5 P P P P Homeless Shelter S+ S+ S+ S+ S+ P+ 5.3.4C Landfill, City-Owned P Park, Playground, Open Space P P P P P P P P P P P P P P Religious Assembly P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.3.41) Educational Facilities Business or Trade School P+ P+ P+ P+ P P 5.3.4E College or University P P P IP School, Private P 5 5 S 5 5 5 P P P P P PP School, Public P P P P P P P P P P P P P P Healthcare Facilities Hospital Services P+ P+ P P5.3.41' Medical Clinic S+ S+ P+ P+ P P 5.3.4G Medical Office P+ P+ P+ P P+ P P 5.3.4H Commercial Uses Agricultural and Animal Uses General Agriculture P S+ S+ P 5.3.5A Commercial Stable P S+ S+ 5.3.56 Community Garden P P P P P P P P P P P P P 5 5 5 Kennel P+ S+ S+ P+ P+ S+ P+ P+ 5.3.5C Urban Farm P 5 5 S 5 5 5 P P P P P P P P Veterinary Clinic P 5 5 P P+ P P P I P P I 1 15.3.51) Recreation and Entertainment Amenity Center P P P P P P P P P P P P P P Indoor Recreation Facility P P P P P P P P Outdoor Recreation Facility P P P P P P P S 5 5 P P P P RV Park S+ S+ S+ S+ S+ S+ S+ P+ 5.3.5E Food and Beverage Services Bar, Tavern, or Lounge S+ P P P P P P 15.3.5F Mobile Food Court S+ S+ S+ S+ S+ S+ S+ S+ 5.3.SG Private Club P+ P+ P+ P+ P+ P+ P+ 5.3.5H Restaurant P+ P P P P P P 5.3.51 Restaurant, with Drive-Through S+ S+ P+ P+ P+ P+ P+ 5.3.51 Office, Business, and Professional Services Administrative, Professional, and Government Office S+ S+ S+ P+ P+ P+ P P P P P I P P 15.3.5K Bank or Financial Institution S+ P+ P+ P P P P P 5.3.5L Musician Studio P+ P+ P+ P+ P+ P+ P+ P+ 5.3.5M Credit Access Business S+ P+ P P P P P 5.3.5N Printing, Copying, and Publishing Establishment 5 P P P P P P P Personal Services Laundry Facility, Industrial S 5 P P Laundry Facility, Self-Service S+ I P+ P+ P+ P P P I P I P 1 15.3.50 Personal vic Sere, General P P P P P P P Tattoo and Body Piercing Parlor P+ P+ P+ I P+ I P+ I I 1 1 15.3.5P Retail Sales 372 Building Materials and Supply Store S P P P General Retail Unless Otherwise Specified, Less than 5,OOOSquare Feet S+ P P P P P P P P P 5.3.5Q General Retail Unless Otherwise Specified, Between 5,000 Square Feet and 15,000 Square Feet P P P P P P P P General Retail Unless Otherwise Specified, More than 15,000 Square Feet S 5 P P P P P+ P+ 5.3.5R Smoke Shop P P P P Lodging Facilities Bed and Breakfast P+ S+ S+ S+ P+ P+ P+ P+ 5.3.55 Boarding or Rooming House S P P P Hotel P P P P P P P Motel P P P P P Short -Term Rental P+ P+ P+ P+ P+ P+ P+ P+ 5.3.5T Vehicles and Equipment Auto Wash P P P P P P Automotive Fuel Sales S+ S+ P+ P+ P+ P+ P+ P+ 5.3.5U Automotive Repair Shop, Major P+ P+ P+ S+ P+ P+ 5.3.5V Automotive Repair Shop, Minor S+ P+ P+ P+ P+ P+ P+ 5.3.5W Automotive Sales or Leasing P Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard I I S+ P+ I 5.3.5X Equipment Sales and Rental S+ 5+ P+ 5.3.5Y Parking Lot as a Principal Use P P P P P P P Travel Plaza P P P Adult Entertainment Establishments Sexually Oriented Business S+ 5.3.SZ Industrial Uses jhIIIII6 Manufacturing and Processing Craft Alcohol Production S P+ P+ P+ P P P P 5.3.6A Feedlot, Slaughterhouse, or Packaging Plant S S Food Processing, Less than 2,500 Square Feet P+ P+ P+ P+ P+ P+ P+ P+ 5.3.613 Food Processing, More than 2,500 Square Feet 5+ 5+ P+ P+ P+ P+ P+ P+ 5.3.6C Gas Well P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ Subchapter 6: Gas Wells Manufacturing, Artisan P+ P+ P P P P P P 5.3.61) Manufacturing, Low -Impact S+ P+ P+ P+ P+ P P 5.3.6E Manufacturing, Medium -Impact S 5 P Manufacturing, High -Impact S Commercial Incinerator, Transfer Station S Storage and Warehousing Outdoor Storage S+ S+ I S+ 5.3.61' Self -Service Storage S+ S+ S+ P+ S+ P+ P+ P+ 5.3.6G Storage of Hazardous Materials S Warehouse and Wholesale Facility S+ S+ P P P P 5.3.6H Public and Semi -Public Utility Uses Basic Utilities P P P P P P P P P P P P P P P P Power Stations, Electric Substations, Interchanges, and Switch Stations P+ P+ P+ P+ P+ P+ P+ P+ p+ P+ 5.3.7A Solar Collector as Principal Use S+ 5+ 5+ S+ P+ 5.3.78 Wind Energy Conversion System (WECS) I 5.3.7C Wireless Telecommunications See Section 5.6: Wireless Telecommunications Facilities Accessory Uses Accessory Dwelling Unit P+ P+ P+ P+ P+ P+ P+ P+ 5.4.4A Donation Box 5.4.413 Home Occupation P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.4.4C Outdoor Storage, Accessory P+ P+ P+ P+ P+ 5.4.41) Sale of Produce and Plants Raised on Premises P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.4.4E Solar Collector, (Ground- or Building -Mounted) P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.4.41' Wind Energy Conversion System (WECS), Small (Ground - Mounted) P+ S+ S+ S+ S+ S+ S+ S+ S+ S+ S+ S+ S+ P+ I P+ I P+ 15.4.4G Wind Energy Conversion System (WECS), Small (Building -Mounted) P+ S+ S+ S+ S+ S+ S+ S+ S+ S+ S+ S+ S+ P+ I P+ I P+ 5.4.4H Temporary Uses Temporary Storage Containers and Other Portable Storage Units P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.6A Concrete or Asphalt Batching Plant, Temporary P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.613 Farmer's Market or Open -Air Market P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.4 Field or Construction Office P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.6C Seasonal Sales P+ P+ P+ P+ P+ P+ P+ P+ 5.5.4 Special Event P+ P+ P+ P+ P+ P+ P+ P+ P+ 5.5.4 Portable Wireless Telecommunications Facility P+ P+ P+ P+ I P+ I P+ I P+ P+ P+ P+ P+ P+ P+ P+ I P+ I P+ 5.5.4 373 Z20-0005 Notification Map MASCH BRANCH I I FRUTH c z Q O LITITILE '.BROOK HOOK w ' J 2 f -r- - 7 N I 0 385 770 1,540 SITE COD Feet W E 5: e .D 7 Parcels ETJ t ai ITYA F Roads r/////1 NAA 8/1/20 o�Q DENTON Development Services • GIS Dale. 31312o20 The Ciry of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, endgineerin� or surve ing purposes but rather for reference purposes. These maps are th ��� r of the Ci of Denton and have been made avai able to the public based on the Public Information Act. The City of Denton makes every effort�o pro uce an publish tie most current and accurate information possible. No warranties, expressed or implie are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance o this statement. PUBLIC HEARING NOTIFICATION SIGN AFFIDAVIT OF SIGN POSTING- Project No. Z20-0005 Ft CA21-0001 Dade of Planning and Zoning Commission Meeting: Jul 14, 2021 I hereby certify that I have posted or caused to be posted Public Hearing Notification sign(s) on the property subject to Project Name/Number Denton Commerce Center / Z20-0005 Et CA21 =0001 located at FM 1173 / I-35 /Loop 288 Said sign(s) have been obtained through a sign contractor of choice and meet the specifications as stated in the City of Denton Public Hearing Sign Criteria Sheet. Posting of said signs was accomplished on 07[01 Et 107 [02 OZ , 20 21 .Said signs have been posted in a manner which provides an unobstructed view and which allows clear xeadina from the n»hlic right(s)of-way along F1V1 1173 / 135 /Loo 2oo signs will be maintained on the property throughout the entire public hearing process and w three (3) calendar days subsequent is the final decision by the approving body. . Said ill be removed within I further certify that this affidavit was filed with the Planning Department of the City of Denson within the time provisions specified iri the City of Denton Public Hearing Sign Criteria Sheet. Executed this the 211d w4el Sioga! ture of Applie day of Jul 20 21___qp or Authorized Representative for Project No.Z20-0005 Et CA21-0001 Todd Finley - Dev. Partner Printed Name of Applicant or Authorized Representative for Project No. Z20-0005 a CA21 =0001 STATE OF TEXAS COUNTY OF Dallas BEFOREME, a Notary Public, on this 2nd personally appeared Todd Finle day (printed owner's name) the above signed, who, UI1CiGI oath, stated the following: "I hereby certify that T am the owner, for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the 2nd day of July .2o 21 —. WJ Notary Sig, -nature 01111(4t. CHRISTIAN P. LOCKS Notary Public, State of Texas ►�.=' Comm. Expires 06-17-2024 111 1 E 80 W PLEASE NOTE: Failure to post the notification signs) on the p�opeYty by the close of business (5p m} on the tenth (-lV",) daYipror to thee firstpublic hearing shall result in the postponement of consideration by th e Board or Commission. STAFF USE ONLY: Date/Time submitted: Verified by t 5/19 C R 375 Denton Commerce Center — Project Nos. Z20-0005 & CA21-0001 (installed 07.02.2021 per attached location map) ■ DE1 Nr 1 Notice of Public Hearing Project Number: L20-0005 Ot CA21-0001 Project Name: Denton Commerce Center Request: For more information: w„v,,�leyarMmm�.com l9ublicnmc�1 ngs PITY ()F DENTON Notice of Public Hearing project gumber:20-0005 000It project Mame: Denton Commerce I s Center Request: For more informeatico eetings www.city CALL: 940 349-8541 376 c rry OF DENTON Notice of Public Hearing Project Number: Z20-0005 Et CA21-0001 Project Name: Denton Commerce Center Request: For more information: www.cityofdenton.com/pubtic-rneetings CALL: (940) 349-85411,;, i .J/W W''..k 377 (lf DENTON Y DENTON Notice of Public Hearin g ` } Notice of Public Hearing Project Number: Z20-0005 & Project Number: Z20-0005 Et CA21-0001 CA21-0001 Project Name: Denton Commerce Project Name: Centon enter Commerce Center Request: Request: For more information_ A For more information:" --cityof ienton.com/public-meetings GALL. (940) 349-8541 www.cityofdenton. com / public -meetings rA1 1 - (9401 349-8541 rd 377 CIiY f1F DENTON Notice of Public Hearing Project Number: Z20-0005 Fr CA21-0001 Project Name: Denton Commerce Center Request: For more information: www.cityofdenton.com /pub Uc-meetings GALL: (940),344-8541 378 •r y!•+ - k_ --LIM iv �f r �- Z20 -0005c Denton Commerce Center August 3, 2021 City Council j Request & Site Data • Rezone approximately 142 acres from Mixed -Use Regional (MR) District to Light Industrial (LI) District Iz� DENTON 380 Current Zoning Map CITY OF DENTON Proposed Zoning Map 01 NEROTH 9 ■■' Go 2 P� 381 General Approval Criteria for All Applications (Sec. 2.4.5E) 1. General Criteria 2. Prior Approvals 3. Consistent with the Comprehensive 4. Compliance with this DDC 5. Compliance with other regulations 6. Consistent with Interlocal and De Plan and Other Applicable Plans velopment Agreements 7. Minimizes Adverse Environmental Impacts 8. Minimizes Adverse Impacts on surrounding Property 9. Minimizes Adverse Fiscal Impacts 10.Compliance with Utility, Service, and Improvement Standards 11. Provides Adequate Road Systems 12.Provides Adequate Public Services and Facilities 13. Rational Phasing Plan 4 ci I!r DENTON 382 Zoning Criteria for Approval (Sec 2.7.2.D) 1. The proposed rezoning is consistent with the Future Land Use Map designation. 2. The proposed rezoning is consistent with relevant Small Area Plan(s). 3. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. 4. There have been or will be significant changes in the area to warrant a zoning change. 5. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. 6. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. 7. There was an error in establishing the current zoning district. �zWIM� DENTON 383 Denton Plan 2030 Site is designated Business Innovation ✓ Large tracts of land that are appropriate for well-planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential ✓ LI District is consistent --permits light manufacturing, distribution, office, and commercial uses ✓ Commercial development standards --structures within 250 feet of the ultimate ROW must comply with site design regulations for nonresidential buildings ✓ Small Area Plan: at PZ and City Council, a SAP for the area was discussed --> large scale industrial developments were more appropriate on the western side of the I-35 corridor with appropriate design standards being applied along key corridors. 4C10TVY!?r AM1� 1 D DENTON Rural Areas 1 - M' H Business In no vati r 9� 384 Significant Changes to Warrant Zoning Change • 1999 Denton Plan -emerging regional shopping/mixed-use district (Regional Mixed - Use Center) • Zoning reflected this vision • Denton Plan 2030 -with the three regional commercial centers in place (South Loop 288, Denton Enterprise Airport, and Rayzor Ranch), area unlikely to develop as originally anticipated 4 Future Land Use designation changed to Business Innovation • Current zoning of MR District is a remnant of the 1999 Denton Plan and no longer consistent with the current vision of the area. .T,!Yr DENTON 4 Minimizes Adverse Impacts on SurroundingProperty LI District is appropriate in this area and is not anticipated to create adverse impacts: ✓ Surrounding property is undeveloped or used for agricultural purposes. ✓ As the area develops, it is anticipated that the zoning and uses (particularly west of I-35) will correspond to the Future Land Use Map, which generally anticipates industrial, distribution, employment and supporting commercial uses. �zWIM� DENTON 386 Minimizes Adverse Impacts on Surrounding Property Craft Alcohol Production Food Processing, Less than 2,500 Square Feet Food Processing, More than 2,500 Square Feet Gas Well Manufacturing, Artisan Manufacturing, Low -Impact Manufacturing, Medium -Impact Manufacturing, High -Impact Commercial Incinerator, Transfer Station Outdoor Storage Self -Service Storage Warehouse and Wholesale Facility Administrative, Professional, and Government Office Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard Equipment Sales and Rental Parking Lot as a Principal Use Travel Plaza Utz DENTON MR GO LI P+ P+ P P+ P+ P+ P+ P+ P+ P+ P+ P+ P P P P+ P+ P S S 0.1N S+ S+ S+ P+ P+ S+ P P P P S+ S+ P P P P 0.1N Public Facilities and Services Available to Serve Property ✓ Transportation • There is adequate access to the property from I-35, FM 1173 • Future improvements to I35 and extension of Loop 288 • Concurrent Comp Plan amendment ✓ Water and Wastewater • Water --connect to an existing public water line in FM 1173 • Sewer --new lift station will be required prior to development of the site DENTON 388 � ti'I; '. I --� . ", I �,. , tF f rr I I ,', 7 - ..... ..... ..... ..... ..... ..... ..... VV .......... _ --- Now -_ —_ Ilk xt,y�.r iy I i� ... ' t .I I I 'I'Ci' 111. • 1 }.� h�.� 388 Public Outreach • Newspaper Ad: July 17, 2021 • Property Posted: July 2, 2021 • Mailed Notices: 200 ft. Public Notices mailed: 15 500 ft. Courtesy Notices mailed: 2 • Responses: In Opposition: 0 In Favor: 0 Neutral: 0 l ci op TYAWWIM� DENTON 389 Recommendation The Planning and Zoning Commission recommended approval of the request (5-1). Staff recommended approval of the request, as it complies with the criteria in Sections 2.4.5.E and 2.7.2.D of the Denton Development Code (DDC). T ZOO" ENTON OkPIIa ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM MIXED-USE REGIONAL (MR) DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT ON APPROXIMATELY 142 ACRES OF LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE I-35 SOUTHBOUND SERVICE ROAD AND FM 1173 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z20 -0005c) WHEREAS, Westview Commercial LP has applied for a zoning change on approximately 142 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property") from aMixed-Use Regional (MR) District zoning district and use classification to a Light Industrial(LI) District zoning district and use classification; and WHEREAS, on July 14, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval [5-1] of the amendment; and WHEREAS, on August 3, 2021, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the Property, have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Mixed -Use Regional (MR) District to Light Industrial (LI) District. SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. 1 of 3 391 SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by and seconded by approved by the following vote Aye Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jessie Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: the ordinance was passed and Nay Abstain Absent PASSED AND APPROVED this the day of 12021. GERARD HUDSPETH, MAYOR 2 of 3 392 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY Hilary 0n I I t4/— 2021.07.237.23 09:06:29 BY: -05'00' 3 of 3 393 Exhibit A Legal Description Denton Commerce Center FIELD NOTES 141.899 ACRES BEING all that certain lot, tract or parcel of land situated in the B. B. B. and C. R. R. Company Survey Abstract Number 141 and the R. Whitlock Survey Abstract Number 1403 in the City of Denton, Denton County, Texas, being a part of that certain (called) 112 1/2 acre "Tract Two -B" and a part of that certain (called) 109 1/2 acre "Tract Two -C" of land conveyed by deed from Ella Barthold to Ella Barthold Living Trust recorded in Volume 4037, Page 1742, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a right-of-way marker post for corner in the west line of Interstate Highway Number 35, a public roadway, said point being the northeast corner of that certain "Tract One" of land conveyed by deed from Cornelia C. Harris to Robert Woodson Harris recorded under Clerk's File Number 97-R0085336, Real Property Records, Denton County, Texas; THENCE N 88 58' 01" W, 3695.01 feet with the north line of said Harris "Tract One" to an iron rod found for corner in the east line of the Gulf, Colorado and Santa Fe Railroad Company right-of-way; THENCE N 22 46' 41" W, 1860.04 feet with said east line of said Railroad Company right-of- way to a right-of-way marker post for corner in the south line of Farm -to -Market Highway Number 1173, a public roadway; THENCE S 87 39' 59" E, 1634.99 feet with said south line of said Farm -to -Market Highway to a right-of-way marker post found for corner; THENCE S 84 33' 28" E, 100.64 feet with said south line of said Farm -to -Market Highway to a right-of-way marker post found for corner; THENCE S 88 37' 44" E, 401.49 feet with said south line of said Farm -to Market Highway to a right-of-way marker post found for corner; THENCE N 88 07'35" E, 99.83 feet with said south line of said Farm -to -Market Highway to a right-of-way marker post found for corner; THENCE S 89 19' 54" E, 2036.39 feet with said south line of said Farm -to -Market Highway to a right-of-way marker post found for corner at the beginning of a right-of-way flare; THENCE S 47 17' 27" E, 144.34 feet with said right-of-way flare to a concrete monument found for corner in said west line of said Interstate Highway Number 35; 1 of 2 394 THENCE S 02 56' 15" E, 265.20 feet with said west line of said Interstate Highway to an iron rod found for corner; THENCE S 0153' 50" W, 401.25 feet with said west line of said Interstate Highway to a right-of-way marker post found for corner; THENCE S 03 05' 35" E, 210.80 feet with said west line of said Interstate Highway to a right-of-way marker post found for corner at the beginning of a right-of-way flare; THENCE S 44 10' 01" W, 76.67 feet with said right-of-way flare to an iron rod set for corner in the north line of United States Loop Highway Number 288, a public roadway; THENCE N 89 11'03" W, 295.45 feet with said north line of said U. S. Loop Highway to an iron rod set for corner; THENCE S 78 07' 02" W, 70.99 feet with said north line of said U. S. Loop Highway to an iron rod set for corner, said point being the southeast corner of that certain (called) 1.702 acre tract of land conveyed by deed to The City of Denton; THENCE N 012 l' 54" E, 224.69 feet with the east line of said City of Denton tract to an iron rod found for corner, said point being the northeast corner of said City of Denton tract; THENCE N 88 37' 46" W, 225.05 feet with the north line of said City of Denton tract to an iron rod found for corner, said point being the northwest corner of said City of Denton tract; THENCE S 0124' 03"W, 309.02 feet with the west line of said City of Denton tract to an iron rod set for corner in said north line of said U. S. Loop Highway, said point being the southwest corner of said City of Denton tract; THENCE S 78 12' 19" W, 292.02 feet with said north line of said U. S. Loop Highway to a right-of-way marker post found for corner at the west end of said U. S. Loop Highway; THENCE S 00 57' 51" W, 324.68 feet with said west end of said U. S. Loop Highway to a right-of-way marker post found for corner in the south line of said U. S. Loop Highway; THENCE S 79 27' 59" E, 618.95 feet with said south line of said U. S. Loop Highway to a right-of-way marker post found for corner; THENCE S 89 16' 14" E, 260.15 feet with said south line of said U. S. Loop Highway to a right- of-way marker post found for corner at the beginning of a right-of-way flare; THENCE S 59 08' 55" E, 109.20 feet with said right-of-way flare to the PLACE OF BEGINNING and containing 141.899 acres of land. 2 of 2 395 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiimlim� www.cityofdenton.com DENTON Legislation Text File #: CA21-0001 a, Version: 1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Comprehensive Plan Amendment to modify the Roadway Component Map of the Mobility Plan to remove a section of future Cindy Lane generally located west of the I-35 Southbound Service Road, extending 4300 feet south of the future Loop 288 extension and 5100 feet north of the future Loop 288 extension, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official Mobility Plan; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted (4-2) to recommend approval of the request. (CA21 -0001 a, Denton Commerce Center, Julie Wyatt) City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 396 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ICM: Sara Hensley DATE: August 3, 2021 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Comprehensive Plan Amendment to modify the Roadway Component Map of the Mobility Plan to remove a section of future Cindy Lane generally located west of the I-35 Southbound Service Road, extending 4300 feet south of the future Loop 288 extension and 5100 feet north of the future Loop 288 extension, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official Mobility Plan; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted (4-2) to recommend approval of the request. (CA21-0001a, Denton Commerce Center, Julie Wyatt) BACKGROUND Mobility Planning in Denton The Mobility Plan is a component of the comprehensive planning efforts within the City of Denton and its extraterritorial jurisdiction. It is a guiding document which establishes the future roadway, pedestrian, and bicycle network to ensure adequate connectivity and efficient movement. The Mobility Plan is modified and updated intermittently, either in response to a specific request or as part of the City's comprehensive plan. The current plan (adopted by Ordinance 2016-012, Exhibit 6) replaced the 1998 Mobility Plan, which had been amended on several occasions between 1999-2011 (Exhibit 5). Typically, transportation networks are designed with a defined hierarchy that distributes traffic among highways, arterials, collectors, and neighborhood roadways. Each roadway classification is established based upon the expected fully developed traffic volumes and requires standard right-of-way dedication and geometric street sections for sidewalks, vehicular travel lanes, parking, etc. Pursuant to Denton Development Code (DDC) Section 7.8.7, if a development includes a proposed corridor designated on the Mobility Plan, the development must dedicate the right-of-way and may be required to construct a portion of the street. As an element of the Comprehensive Plan, amendments to the City's Mobility Plan follow the Administration and Procedures for Comprehensive Plan Amendments in the 2019 Denton Development Code (DDC) Section 2.7.1. The City is currently in the process of updating the Mobility Plan and has prepared a draft which depicts the desired roadway locations and connections for future development (Exhibit 7). Generally, the draft plan simplifies the roadway network, creating a legible grid of arterials and highways and reducing the number of future collectors to allow for flexibility to respond to changing connectivity needs. 397 The Request In 2016, the Mobility Plan reclassified Cindy Lane from a neighborhood street to a Secondary Arterial, extending from US 380 through an established neighborhood (Ranch Estates) and continuing north to FM 156. The applicant is requesting to modify the Mobility Plan to remove a section of Cindy Lane which runs north/south through the center of the site as depicted below. This request has been submitted concurrently with a request to rezone the subject property to Light Industrial (LI) District (agenda item Z20 -0005b). The intent of the request is to facilitate the development of distribution and employment uses on a 98 -acre tract shown in red hatching below: Remove Cindy -,Lane though site •' .' .............. • ♦• Y.. tttl 1 .. •..••••••;•_�C] 'I! :Loop 288; ......... : Cindy Lane•• S Exhibit prepared by the applicant depicting the current Mobility Plan with the requested modification. The proposed modification to Cindy Lane is consistent with the draft update to the City's Mobility Plan, shown in the two maps below. Current Mobility Plan Draft updated Mobility Plan 398 PLANNING AND ZONING COMMISSION On July 14, 2021 the Planning and Zoning Commission held a public hearing and recommended approval (4-2) of the request. During the work session discussion on the proposal, the Planning and Zoning Commission expressed concern regarding the Cindy Lane alignment through a residential neighborhood and area mobility. Traffic Engineering staff discussed the mobility in the area, indicating that the future frontage roadways for Loop 288 and expansion of I-35 will provide sufficient connectivity, rendering Cindy Lane unnecessary. At the public hearing, there were concerns raised that the removal of the roadway would reduce connectivity. Staff responded that the analysis associated with draft Mobility Plan indicates that an arterial roadway in this area is not be needed; however, as the area develops, future collector roadways may be warranted. One member of the public spoke in opposition to the complete removal of Cindy Lane from the Mobility Plan but was not in opposition to the specific request. He will be meeting with staff in the coming weeks to discuss the area roadway plan to ensure his property maintains adequate connectivity. Two additional property owners spoke in support of the request, as the current proposed Cindy Lane alignment would impact their homes. At the close of the public hearing, the Commission recommended approval of the request (4-2). A full Staff Analysis is provided in Exhibit 2. OPTIONS 1. Approve 2. Approve Subject to Conditions. 3. Deny 4. Postpone Item. RECOMMENDATION The Planning and Zoning Commission recommended approval of the request (4-2). Staff recommended approval of the request related to Cindy Lane as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.1.13 of the DDC for approval of a Comprehensive Plan Amendment. PRIOR ACTION/REVIEW (Council. Boards. Commissions) Date Council, Board, Commission Request Action Approval of RCC -D 2002 City Council Citywide rezoning District for a linear strip along I-35 Southbound Service Road November 6, 2007 City Council Annexation of 127.9 Approval (2007-268) acres Initial zoning of December 14, City Council recently annexed Approval (2009-280) 2007 property to RCC -D District New Zoning Code Transition to MR October 1, 2019 City Council and City-wide zoning District district transition 399 May 6, 2020 Planning and Zoning Rezoning from MR Postpone to a date Commission District to LI District uncertain December 2, 2020 Planning and Zoning Rezoning from MR Postpone to a date Commission District to LI District uncertain Planning and Zoning Rezoning from MRRecommended approval July 14, 2021 Commission District to LI District (5-1) Z20-0005 Planning and Zoning Comprehensive PlanRecommended July 14, 2021 Commission Amendment (CA21- Approval (4-2) 0001 PUBLIC OUTREACH: Fifteen notices were sent to property owners within 200 feet of the subject property. Two notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, staff received one written response in opposition, but the respondent further clarified during the public meeting that he was in support of the request. A notice was published in the Denton Record Chronicle on July 17, 2021. A notice was published on the City's website on July 14, 2021. Eight signs were posted on the property on July 2, 2021. A neighborhood meeting was not held. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact disclosures have been provided to staff from members of this body as of the issuance of this report. F,XHIRITS 1. Agenda Information Sheet 2. Staff Analysis 3. Applicant Request 4. Future Land Use Map 5. 2011 Mobility Plan 6. 2016 Mobility Plan 7. Proposed Mobility Plan 8. Notification Response Map and Response 9. Presentation 10. Draft Ordinance Respectfully submitted: Hayley Zagurski, AICP Interim Planning Director Prepared by: Julie Wyatt Senior Planner 400 Planning Staff Analysis CA21-0001/Denton Commerce Center City Council District #3 REQUEST: Request to modify the Mobility Plan to remove a section of Cindy Lane (Secondary Arterial) from the center of the site. RECOMMENDATION: Staff recommends approval of the request related to Cindy Lane as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7. LD of the DDC for approval of a Comprehensive Plan Amendment. SITE DATA: The general area is emerging as an industrial/distribution center and includes a variety of land uses, including commercial development along I-35, large undeveloped tracts, very low density residential, and industrial/warehouse/distribution facilities. A railroad corridor runs diagonally northwest to southeast through the area. The roadway network includes the following: • The I-35 corridor is designated as a freeway on the City's Mobility Plan. This is a Texas Department of Transportation (TXDOT) roadway and is intended to be expanded and reconstructed in the future. TXDOT's online Project Tracker currently indicates that the segment of I-35 from Highway 77 north to Cooke County is in the "Corridor Study" phase with construction estimated to start in 10 or more years. • Loop 288 is designated as a future freeway on the City's Mobility Plan, which will curve toward the south, eventually connecting to FM 2449 and I 35W, completing a loop. This is a Texas Department of Transportation (TXDOT) roadway, and a timeline for construction and completion are currently not available. • US 380 is designated as a Primary Arterial on the City's Mobility Plan. As a TXOT roadway, it was recently expanded to a six -lane divided roadway with protected left turn lanes and deceleration right-hand turn lanes where warranted. • FM 1173 is designated as a Primary Arterial on the City's Mobility Plan. The future alignment will be modified to curve toward the north, merging with Barthold Road near the railroad corridor to create a more direct connection between Krum and I-35. The existing FM 1173 section adjacent to the site will remain in place, with the proposed Mobility Plan classifying the current roadway as a Secondary Arterial, connecting the 135 South Frontage Road with Lovers Lane to the west. • Masch Branch Road is currently constructed as a two-lane undivided roadway but is designated as a Primary Arterial on the City's Mobility Plan. Primary Arterial roadways require 135 -feet of right-of-way width and are built as either 4- or 6 -lane roadway sections. • N. Western Boulevard is designated as a Primary Arterial on the City's Mobility Plan and is constructed as a two-lane undivided road between Jim Christal Road and US 380 and as four -lane divided road south of Jim Christal Road. 401 • Currently, Cindy Lane runs north/south for about half of a mile, connecting to US 380 at a signalized intersection and ending at Hampton Road. It is the main entrance to the Ranch Estates low-density residential neighborhood (zoned R1 — Residential) and is constructed with asphalt, approximately 21 feet in width. The City's current Mobility Plan classified Cindy Lane as a Secondary Arterial, requiring an extension to the north, terminating at FM 156. The proposed draft Mobility Plan removes Cindy Lane from the arterial network altogether, reverting it back to a neighborhood road and requiring no northern extension at a high classification. CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. a. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria were applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9. Section 2.7.1.13 of the DDC applies to this Comprehensive Plan Amendment request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for Comprehensive Plan Amendment requests. b. Prior Approvals There are no prior approvals for this project. Consistent with the Comprehensive Plan and Other Applicable Plans The decision—making authority: a. Shall weigh competing goals, policies, and strategies. The proposed Mobility Plan amendment to remove a section of Cindy Lane is consistent with the following goals in Denton Plan 2030: M-1: Provide for the safe, efficient movements of motor vehicles, bicycles, and pedestrians in a sustainable way that complements Denton's planned growth strategy. The area impacted by the proposed Cindy Lane alignment crosses two Future Land Use (FLU) designations: Business Innovation and Low Density Residential. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Low Density Residential is intended for single-family detached developments, up to four dwelling units per acre. Given the divergent goals and desired uses within each Future Land Use Designation, the connectivity created by Cindy Lane could conflict with the plan's growth strategy. 402 The proposed amendment to remove a segment of Cindy Lane is consistent with the goal of providing safe and efficient mobility patterns by separating the arterial network and potential traffic created by future employment uses from the existing low-density residential area. Future Land Use Designation In addition to minimizing conflicts between a well-established, low-density subdivision and the type of heavy traffic anticipated within a future employment area, the request is consistent with the goals established for the Business Innovation FLU designation, which applies to properties along the future Cindy Lane route north of the Ranch Estates. As noted above, the Business Innovation FLU designation is intended to encourage the development of large tracts of land with large-scale uses such as corporate campuses, research and development facilities, and light industrial uses. For the employment and industrial facilities encouraged in this FLU area, common lot sizes can range from 20 to 30 acres for a single building/user to over 90 to 100 acres for multi -building developments or larger campuses. The bifurcation of the large parcels located in between the railroad corridor and I-35 with a 110 -foot wide arterial roadway as shown on the current mobility plan would unnecessarily impede the intended large-scale development pattern of a Business Innovation area when vehicular mobility through the area will be sufficiently accomplished with the extension of Loop 288, FM 1173, and other future arterial roadways such as Masch Branch. Key Action 144 & M-6.7.4: Update the Mobility Plan at least every five years. The Mobility Plan, like other elements in the Comprehensive Plan, is a policy document that should be managed and updated on an ongoing basis to maintain relevance and respond to changing conditions. Currently, the City is updating the Mobility Plan in accordance with the Denton Plan 2030 Action Plan. The request is consistent with the revisions to the proposed updated Mobility Plan. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. The proposal is consistent with the Future Land Use Plan. d. Compliance with this DDC a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a Comprehensive Plan Amendment to modify the Mobility Plan. All subsequent development on this site will comply with applicable standards in the DDC. b. Compliance with these standards is applied at the level of detail required for the subject submittal. The submittal included the level of detail required for the review and analysis. If the proposal is approved, prior to development, a detailed review will accompany all required plat, engineering, tree preservation, and building permit submittals. e. Compliance with Other Applicable Regulations This proposed request complies with all other applicable regulations. f. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 403 7. Minimizes Adverse Environmental Impacts Prior to the public hearing, the property owner submitted an Environmentally Sensitive Area (ESA) Assessment for three stream segments located on the subject property. After conducting an on-site assessment, staff concluded that the areas lacked the features necessary to be classified as a riparian buffer ESA and removed the ESA designations. Therefore, adverse environmental impacts are not anticipated. 8. Minimizes Adverse Impacts on surrounding Property The proposed mobility change to Cindy Lane will not adversely impact the nearby property, as the remaining arterial roadway network will provide adequate access. 9. Minimizes Adverse Fiscal Impacts This proposal is not expected to have an adverse fiscal impact. 10. Compliance with Utility, Service, and Improvement Standards This proposal is not anticipated to negatively affect utilities, services, or improvements. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. 11. Provides Adequate Road Systems The Mobility Plan and current roadway network includes sufficient alterative arterial routes to accommodate the area traffic generated by future development. These include I-35, US 380, Masch Branch, the future extension of Loop 288. 12. Provides Adequate Public Services and Facilities This request will not affect public services and facilities. When the site is platted, the new development must comply with all applicable standards to ensure adequate public services and facilities are available. 13. Rational Phasing Plan This proposal does not have a phasing plan. When the site develops, a rational phasing plat will be reviewed, if applicable. B. Section 2.7. LD of the DDC states: 1. An application for a Comprehensive Plan amendment may be approved by the City Council only following a determination that the proposed amendment is consistent with the overall purpose and intent of the Comprehensive Plan and that any one of the following criteria has been met: a. There was an error in the original Comprehensive Plan adoption; The Mobility Plan was created using the Future Land Use Map in Denton Plan 2030 and models of build -out conditions for future traffic volumes. There does not appear to be an error in the original adoption. b. The City Council failed to take into account then -existing facts, projections, or trends that were reasonably foreseeable to exist in the future; The City Council did not fail to take into account the existing facts, projections, or trends. c. Events, trends, or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption; or 404 The City Council relied on the Future Land Use Map and traffic projections during consideration of the current Mobility Plan. However, the industrial and distribution sectors have grown in the area, indicating that some changes to the roadway connections are warranted. In particular, the 2016 Mobility Plan's reclassification and extension of Cindy Lane would likely have a negative impact on the existing residential land uses located along Cindy Lane. Currently, Cindy Lane connects to US 380 at a signalized intersection and continues south as N. Western Boulevard. Since the adoption of the Mobility Plan in 2016, industrial development along N. Western Boulevard has expanded so that it now functions as a thoroughfare for the new industrial and warehouse uses. The current Mobility Plan will allow this traffic to travel north on Cindy Lane, through the existing residential neighborhood. The proposal to remove a section of Cindy Lane will reduce connectivity in this sensitive area and likely lessen the inducement to use the roadway for industrial or commercial vehicle trips north of US 380. Additionally, Engineering staff has begun a Mobility Plan update as recommended by Denton Plan 2030. The draft plan simplifies the area's arterial system, removing Cindy Lane as a Secondary Arterial and instead focusing on traffic north of US 380 utilizing the Masch Branch and Lovers Lane corridors, thereby avoiding the expansion of existing residential neighborhood streets. d. Events, trends, or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. Recent development near the US 380 corridor has trended toward large lot industrial, distribution, and warehouse uses, changing the character of the area. The proposed amendment would ensure that traffic generated by these uses would follow appropriate transportation routes through commercially and industrially zoned areas, away from the nearby established residential neighborhood 2. In addition to the above -listed criteria, any proposed amendment is subject to the following additional review standards: a. That the amendment is not in conflict with any portion of the goals and policies of the plan. The proposed amendment is not in conflict with any portion of the goals and policies of the plan and is consistent with the draft update to the Mobility Plan. b. That the amendment constitutes a substantial benefit to the city and is not solely for the good or benefit of a particular landowner or owners at a particular point in time. The proposed modification to Cindy Lane is consistent with the draft updated Mobility Plan, which is intended to ensure adequate road capacity and connectivity for future growth. c. The extent to which the proposed amendment and other amendments in the general area are compatible with the land use goals of the plan and that they avoid creation of isolated uses that will cause incompatible community form and a burden on public services and facilities. 405 The proposal to remove a section of Cindy Lane is compatible with the land use goals, as it would sever the vehicular connection between the Low Residential area and the Business Innovation area, adding protections for residents and encouraging large truck traffic to use alternative routes more suited to the type of traffic. d. That the development pattern contained in the existing plan does not provide adequate and appropriate optional sites for the use or change being proposed in the amendment. The Mobility Plan and current roadway network includes sufficient alterative arterial routes to accommodate the area traffic generated by future development. These include I-35, US 380, Masch Branch, the future extension of Loop 288. e. That the impact of the amendment, when considered cumulatively with other applications and development in the general area, will not adversely impact the city or a portion of the city by: i. Significantly altering acceptable existing land use patterns; The proposal would not negatively alter the existing land use pattern; rather, removing the subject section of Cindy Lane would protect the existing residential area while maintaining adequate freight and employment access. ii. Having significant adverse impacts on public services and facilities that are needed to support the current land use and that cannot be mitigated to the maximum extent feasible; The proposal would not significantly adversely impact public services and facilities to support the current and future land use. iii. Adversely impacting environmentally sensitive areas or resources; or The proposed modification to the Mobility Plan would not limit the City's ability to regulate tree preservation and development activity within Environmentally Sensitive Areas. iv. Adversely impacting existing uses because of increased traffic on existing systems. The proposal would not reduce overall connectivity, as the Mobility Plan includes a network of future arterial roadways and highways designed to accommodate the projected traffic for build -out conditions. Furthermore, since Cindy Lane does not currently extend beyond Ranch Estates, area development has not relied upon its capacity to accommodate traffic. f. That site conditions, including but not limited to topography, utility corridors/easements, drainage patterns, noise, odors, or environmental contamination, would make development under the current plan designation inappropriate. The 2016 Mobility Plan alignment of Cindy Lane could limit the development of the area between the railroad corridor and I-35. The roadway's conceptual location would bisect these properties, requiring 65 to 110 feet of right-of-way dedication near the middle of these tracts, splitting them in two. Given the connectivity provided by the surrounding existing and future arterial and highway network, this segment of Cindy Lane is unnecessary and would potentially limit the types of large-scale employment uses intended in the Business Innovation Future Land Use Designation. 406 J4 Pacheco Koch PROJECT NARRATIVE - 95 ACRE TRACT NWC IH -35E and Future Loop 288 Denton, Texas The subject tract is currently an undeveloped 95 -acre tract located at the northwest corner of IH -35E and the future Loop 288. It is bordered by FM 1 173 on the north and a railroad on the west. The plan is to develop the site into a high-quality distribution facility. The request for a Comprehensive Plan Amendment is to modify the current City of Denton Thoroughfare Plan. The current plan is shown on the attached Exhibit "A". It shows the addition of a north -south road "Cindy Lane" that would bisect the subject tract. Based on discussions with the City of Denton staff, we were made aware that the City was preparing a modification to the current Thoroughfare Plan. This study is included in the 2020 Denton Mobility Plan which has gone through the public input process but has not yet been formally adopted by the City. The portion of the Thoroughfare Plan that includes the site is shown in the attached Exhibit "B". This plan does not show "Cindy Lane" across the site. We are requesting the City allow the development of the subject tract to move forward utilizing the Thoroughfare Plan as shown in the draft 2020 Mobility Plan, eliminating the requirement for "Cindy Lane". 7557 Rambler Road Suite 1400 Dallas, TX 75231-2388 972.235.3031 pkce.com 407 0 co ■ ■ ■ • i r Ganxar • ■ s .Loop 288 000 moo 00■ t • Cindy Lane •. ■ h •r 1 s ,L ■■ rf� • f j� • � I rot■...... ••,...,• '♦ ■ + f- T ■ 19obeal ■ • g +t.-40� • ■ 1 �■ R .,� r 4 41p •4 • • ♦* • • . ■ r ■ 2164 •— •.■w,r■ri i •11♦ ,Pry 1 = � . . • a Lane through site +. .'� -• • aft moo m a •■• • • '■ r w ■ ■ ■ t ■ ■ 1 ■ N •+ t '•■• ■•■ • • . Site } ` ■+■. r • r, •■t■ ■ : ■ ■■ • Long •.•.•••••■■i•..■. —•�• • • 4 • •• r ��',i ■••• •••••••••■••■••rr gas • •' 288]����� r ■' I1 ■ ■ ; + + � EIh' l ++—r-�+- T Y KWas * Rine Y f w . -:-a . ft I x - 0- "mm M FASWiA410- a__ N�� EXHIBIT "A" EXISTING THOROUGHFARE PLAN WITH REQUESTED AMENDMENTS • 4! Am - _ 16low 4 k - i - _� �- lhL,� FM ED73 0 0 Rui Are II P■INA 00 Business Innovation HAMPTON QFuture Land Use CA21-0001 Future Land Use Map 2� 2 w I-35 Ramp E M1.01919"M ltl',W�ii DENTON Development Services • GIS 410 Li ai EI ❑ CCC (ifM ay5v� Li • 00 m 0 000 ""CREYNOLDSMOBI ITY ADWAY P AN RD a El D♦ � D ° ♦i o00'4°°° El X 0 u ♦♦�ooJOOv000 o°o°cpC°c°c°c°Cc°°❑o°cc❑o°c°❑o RO BERNARD RD ❑ ♦"`• r°r-°�°pO Roadwa13 Connecti*v1*ty onent�•��• . ❑°❑°❑°❑°]°] a N-0 El 7m } r STAGS LEAP RD A K T GNECK DR 0 Z w UTHSID D ❑ NED DR OLA MA IE LN O I ■ z Z z DEER RUN R EAL DR A ❑ a �O ` 000 m C) DEER RUN RD * J O 00 w _ n U _ O00 c� ai O0 w ❑ } 00 (D O 0000/ w 0 °°`�O n CROW WRIGHT RD /00 U U 00 i a PR 6636 W a O = <o O ❑ U ❑ a 2 00 - ❑ U a O° W 0 TTLE JOE RD 2 0O C7 L m ❑ ny 000 D 0 HOSS RD COVEY CIR U 00 O m O J ❑ z 000 W � BEAR RUN DR ND a 00000 0 ❑ w l DAVI SON RD z SII gEI U 000 m W m w❑ \ 000 i p goo a 00 00 n DAVIDSON RD Q� 00 000 m 000000/ °O UJ �O JOSEPH RD ¢ II p00 0 000 F] ° w MICHAEL RD p MICHAEL RD NICHOLSON RD 0 V:J RSET LN ° SOMERSET JANE LONG RD - \ F1 0 w ° ❑ BBLE CREE DR ° C m 1 ° °0 0 LAMAR ST RIDGEROCK DR ❑ n0 � RECTOR RD a - - F PARER WA ° F] ❑ ~n g <� RECTOR 0 ^ 0 Li TRAVIS RD 20 - 0 ❑ m p PR 6602 U w MILLCR EK CT Z ❑ w 0 } O U p U m ❑ w D \ O :2 W Y JOHN GEORGE LN O& z w 0 \ 00 0 \ N a u o QO z m ❑ w DOYLE RD 0 0 ❑ ❑ I ❑ n B R NONE TRL ❑ RAN _ c❑❑❑❑c°o❑❑❑❑]❑❑❑°❑❑2o❑❑❑o SHEPARD ❑ o GdDD❑DDDDDc❑D❑❑❑❑❑❑❑o❑❑❑❑❑❑❑❑]❑❑❑o❑❑❑❑o❑❑❑❑❑❑❑❑❑❑❑❑c❑❑❑❑❑❑❑❑❑❑❑❑❑o❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑D❑�j 0 1 oz � l\ r ° -�o—o—o—o—o—o—o--o—o—o--o—o— ° ❑ m LUCKY SPUR LN O❑ ° m x - O ° of �F s z WHE T HILL RD KAKAS LN GOA O1 U MUSTANG TRL ��^� SCM y GOO } o� a z pR 6615 O C g LUGINBYHL RD = 000 > 0 °a❑❑C]❑❑❑GCC❑❑❑❑CC■1■■■■■ CC❑C❑❑CCC❑m❑OO of rJ4n O ❑ w G Lq p V) DEER U RD � 00 ` ❑ O z 0 000 z s 0 0 w w OLD THOMAS RD 07 00 ¢ 00 IE ; p 1 F M 0 ❑ �' z 000 0 N N z 000 p Z W T ILS END 000 m W p 0 0 p0 2 N w Y U �OO� WARSC N WARSCHU RD Cr O O 000 {FINING RD 0_ o— --o o—o—o—o—o—o—o— X 00 m BORTHRD ROSE VN❑❑❑❑CDDDDDCDDDDDCDDDDDC❑DDDDCD❑❑C❑❑❑❑C7DDDDCD❑❑DOCM❑❑C�7CC❑❑❑❑CC❑❑❑❑C❑DDD❑CDDDDDC7DDDDCDD❑D❑C❑❑❑O 000 R\5�\ F] ■ ❑ O p1 MILAM MILAM RD WLt:] D °° 070 Ui COYOTE CT ❑ ❑ ARS 00 Q HAWKEYE RD �. 0 j 0 0700 CHRIS do ❑ ❑ } p0 O HIGH MEADOWS DR M a � 0 0 _J /BOO 0 LJ LJ ASST ST K D Z 000 D 0 �`\'Y / w 000 SAULS SAULS RD r —L ° ❑C❑❑❑❑❑❑❑❑❑❑❑❑c❑❑❑❑❑c❑❑❑❑o❑❑❑❑o°°❑❑❑❑❑o❑❑ccDoo❑❑opCCo❑o❑❑❑o❑C< B AT RD UNS Ton I (D 0000 w O 0 = u BOBCAT Q //0000 W0 D p 00 � ELM BOTTOM 00 n Li D �� ❑ °per 00 ❑° J o y� 007 El F] O n 00 \ UGO ° o000<1 ®NpFI� 00 C° V \ CREEK RD GGO � SAND❑o❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ ❑ DDDDD❑DDDDQ DDDOD❑DDDDD❑°DDDD❑❑ ❑❑❑❑DDDO❑DOO❑❑O❑ ooc]❑❑❑❑cCCJDp\^ 000 Y G JO a .�� G0 J�° ❑ El W !� OO w 00 v JOHNSON LN o W ♦♦♦ 00 of 1� 2164 a nnG w m II ��♦ W � ❑ W Gp D ❑ G0 ♦♦ z CHI N HI N RID E ■ IL O m a o o ♦♦♦ o o°pp❑❑Co❑g 0/ EI ME DOWLANDS DR OOf O= CHINN 0 0`00 0 0.�'�0°�^ 0 0000 D 0000 �� 00000 o O W 00 U t�00 0 EI ° GROVE RD 428 00 </ U ° M 0 m ,PRIVATE 000 41 u u z GGO c " - z ♦♦♦ ° ❑ GOG M ��) ❑ O ♦♦ 0p n ■ J w O d TE CT CRYSTAL LAK AVE M 00 m �^ O u _ - 00 EADOW L - 00 GREG RD O RIVAT JO ❑ g OG O NTAIN VIE DR 00 O♦ G0 u n O O NATE �D� G o Li GV H RODGERS CIR - PRIV TE 6 O O FINLEY CIR RADECKE RD - 00 •CCD p CC/iC ❑ ❑ COLE CIR R CT W 00 ❑❑CC❑ G❑GGG❑❑❑❑❑GCC❑❑❑❑DCC❑❑❑CC❑❑❑DpD H 00 /) ❑ G 00� OG 0 F] GGO w (L ❑ D MEADO S LN MASC BRANCH RD ❑❑❑]❑❑❑C]❑❑❑❑C]❑❑❑❑CJ°° r� U y 000 X w U • HARTLEE FIELD HARTLEE FIELD RL, f co ROOK CI v° � y C ■ ❑ O p c m O Opp CO' D ■ G w w PRIVATE _ _ ❑ z O PRIV 00' ❑ ° LONG </ = a u I m x = ■ I n m LL o Z > CO m �o°D❑ODDDD❑ �♦.. D X 000 �0O EI GG ¢ ¢ LAI IEW RD CCW kF T �� 0 U ♦♦°J ° ♦♦� °°°OOC7❑❑❑CC❑❑❑❑CC❑-C-7❑❑O❑°°CC 0 I" OGG ARTLEE CT 9 HARTLE CT P IVATE 0 co T ST F� /( m °° �/ M CO O��♦ 2a -Nig. -- - NEPTUNE DR cn AVAGE k,�0'? �a ;kJ y� ti o = q F A ■DD❑ ❑❑❑❑❑❑❑❑❑co oDEMODO❑❑MOO °G°° pG ° v OP a m SO ? J z c0 oT y O h y ,j ST MCCART ST ❑❑]❑❑❑DC7° ° 77 ❑ LO 0 JUPITER DR } CRUISE ST �� E POINT m U y POLL0 DR ¢ U PRIVATE 4 E U 288 Li k x DIXO LN O < /-ITE r7 � GLE GARDEN CIR S Q OIA DR z W OQ ���p[ -- ❑ ATL S DR z y ❑ Cr S p WEN TCHEE R m > BEALL U JUNG L O/ m 'T• w U ❑ APPALOOS DR O . O y T 2 H z AZTE TRL Y ITHERS W Y J N LOOP 288 N ♦O° ❑ VqT� -- - DEL SOL ST 0 Edo ST G ¢Y m O > EAGLES EST TRL m °: ❑ ❑ PM GO -9 O ¢ ❑ CROIX R W SANTA E TRL ¢ ° ❑ O w LU FEATHER CREST D Q PIN TRL ; V °O �� .� 0 W I �:I HE CULE LN HE CU ES BGG POINSETTIA BLVD PRIVAT R M CATCHE A Q p W E E N - ¢ T TEM POLE Y a OJ \Q m O N DR z 0 n SUN V LEY DR G0 > m KAWATI W I ❑ O° E AN R �� a STREET D n TAMA ST OG O F' LE SAGE CT 2 P TES RLTON (TTLE BROOK D ❑ 'Pj = Li - J WESTGATE p °O° � ET Co p° ❑ 0� L�< z ' w KNIG T RD m 1111111200=10000=10 ----- o °°°° EUFE IA ❑ U'a o MCKAMY _._w EI a ❑ rn O p � F<b X ILVER DOME RD LL Ix IMP IAL R G Q - z W BARROW R Ln °O° SA TOS DR F ❑ T Y u = U m ;p _ GO Q U r DEERFIELD R \p� �- ❑ m -� z p W ❑I }v O a ❑ m V w N ♦ Q KI G N R m z Q INEY a_ °°°�O 2 INEY w - ❑ U 2 N LAG NAC O ❑ ST ATF RD z z w m Z y x z H A S❑ Q CZ° SIER DR. /1� a ❑❑❑DC7❑p W p j , 2 y > W✓% m0 v0 v EL DR m ❑ r j �� o O PICKWICK LN �� KEEN OAKS S 00 ✓ ?' x wwn Q ° w O HA ti z z p� O O > - rn zu x O ❑ z Y ❑ w G FpR a O m w J o ❑ z❑ 0 9 WOLFTRA 00°❑ ❑❑❑ ❑0000� 0 a ❑ ❑ Q U MILLER RD W p m0 L ♦•♦♦� } m ^� 0 0 J gyp° DECIDE 11 N CN � 0 OO�FS LcV�OG�j D y�/`V -I w �� \N O O 0 rn Li} ¢ o m JACKS a < f ; 13 z w % D 1♦♦♦ u0' ❑c9❑❑Cc❑o❑❑❑❑ ❑❑G° gLUEBONN OG♦ .,� SO O�> _!/, g Cc❑Gc❑❑❑❑Cc❑❑ of M U z JACKSON RD n ¢ �n 1 ❑ ♦ R ❑ O ❑ 288 w z m pR/V p a j °n ' ♦♦♦j 2164 WOOD TR pp00 �° '/ o a a � qT�c 0 LI VIND ST G7-- 'Vp ❑ ❑ O 1 -- -3o WESTGLEN FEY ❑ CC❑❑❑ C O' ❑❑�■NORTHRID■■••utz •♦♦O C DISHOLM TR' `GO o EtijFRSO�F,p \ ❑ LL IL_I ° ER �ISH TRA w ISHT 7o G CR O z w u O RAa ° r- °°°° w MAG LI MAGNOLIA T ❑❑ OVA' GG m O w D of U EM FI TRA R y JOHN DR 0 F] RO D z N F z m U J DD❑❑GOGD�700DD❑ODD❑DCDODD7CDDDDO�IDDDDGpppp O , Z OS DR MI SA o D UO p w= z D O R p z 1? m ❑O❑❑❑❑C❑❑❑D■CD z > I R aC'✓' ❑ I O ❑ EBo O SITY G]C❑7° w w m Q HAMPTON HAMPTON RD Q 1835 D G I. ❑ - = HCADLEE HEADLEE ST ° O z O ❑ z GN F U N O UNNER 7°c7❑°° ♦ m o m z Q p S FI OAKHILL n O= U IS WOOD L ❑ m l' N �,�j Yr7❑°°O ¢ U ❑ OK O� O Op ; p 0 L � J `� STRATA DR ° SEA H Sl 428 NWOOD D LAUREL OOD DR W M\ n 380 ppC❑1]��O u ❑ Z U ¢ U Kit w C ❑ a �� 1 ❑ - Q °°O ❑ F O x _ ■• ILIGHT R IT ❑ ❑ AUBURN Z- 77 ❑ ❑°rho ❑ ❑ o w z J ~ C� 0 ❑ G EN U n n > a m CO! < ❑ WO OG ~ a T ND RB D D U m Y z O O p - •♦♦♦� D°�\ eC'l^ V T 7OGO°❑°° Z D ❑ ❑ HWY 380 ! �� ❑ Q a 0 ¢ ° z °I 0 D w .O ------------ MWY 380 W W z g O d c",. - m 00 4 z n � A a F W C 3 3 3 ••�♦♦♦� °LL �� ^Ia q a ppOpp°O u G°°❑C]° w m O 21 W m ° U¢ ❑ ❑ C iROBER SS F N _\''�-''❑rC:CC pG°°❑p° ❑ z x w , ❑ TULANE DR / ,7 ❑C❑❑ > 0 ❑ N U 0 7C, m S- G�°° a CR EK VE �l °0♦♦Q v 0 pp- F- GO ❑❑❑❑C❑❑C7❑CC❑ - Wo -- �� A O, ❑OOCOOC❑❑❑o❑❑ ❑ o JI �� 9�q r 0 0 ° �' ❑C❑❑D�DL�❑❑�C oDLA D °°°°.f°° ❑ o �NGO°°°o°°°o J j o Z oos z CC O COOCCOD❑C z I < ❑ A H ST AMHE T n ❑ �p°� o ❑ �° C ❑ -I ❑ m T N °°0, j5 Co CC❑ yI �i� , • n LTJ _ ❑C-i� ❑H C❑❑❑❑CCO❑ ❑EME°7- U C SII JE T O > j , 0 O DC❑ice ❑❑❑C❑❑❑❑C❑❑❑GDC7❑❑DC7❑❑❑ 0 x•05°0- IIT 0 UD w WFI r, m �vrf` OC U ! a SL GG RD BLAGG W° ",..... _ W GO l 380 ■CC-OO❑CCO❑❑C❑❑❑❑❑C❑❑°❑❑❑OOC]OOO❑cOO❑❑C�❑❑OOC]O❑❑C❑❑❑❑❑❑❑❑❑❑] d¢sa■■❑❑❑❑❑❑❑❑❑❑❑❑❑❑O❑�C]O❑❑O�OOOee❑OO❑❑C ❑❑❑��❑❑❑❑❑ DDDD❑ ❑ ° ° ° ° OG \, L 0 SPRING RANCH R (/ ( U ❑ n n EMERY C< ❑ n OG \� !� s LL 'Pd ❑ ❑ 38O Z WES pQ DJD 'RR RYPELD U 0 ■ ",..... ., ° ❑ O z ❑ u } EMERY ST — ❑a OC } O O �❑ G IF p ❑ Lj J EMERY ERY LJ ❑ U Q C7 U ❑ ❑ ❑ D � Sl R - L ❑ w w �;, m z ! B�VE Z o ❑ ° ❑ ❑ Z ~ 4> ° > LL O WAY E S N O ANYS w ❑ � ° OO Q (O ♦ C I AT y V ❑ z CORDELL S CO L CORD LL ST J ❑ ❑ OO O IM w F LL ❑ 6 O �O O < 00 v ° n CRESC N C` THIRD 0 T w GROVES C LA MO E 5 O ORE ST HOWARD T Q ¢ 0 0 ° n ❑ RES ENT T z w a O K PARK> O PRI VAT O z I p o ❑ m w o ~� m o D z OO 0 > NEWPORT V= m m D D v D OO _ 0 0 ° ° J m ❑ o o ❑ U OOC ST OST OA CT �O P NNI ❑ n oG o o♦ ° 0 0 LINDEN R O ¢ z LL ❑ ❑ ❑ z a OC A REED V DR ¢ D ❑ 0 \ y D O z ❑ p ❑ O LI DEN DR F n n Q w SCH IT% " /C O w n ❑ `\) A D D O n f I ❑ w m m FII J ❑ Y /,C (AS EXAS T HITE OA C7 O �K PL p ,F u ❑ D DJ N O LJ u ❑ z BRO DWAYST z ° ° ❑ > i� Hour QG ¢BARNES 2 ❑ ❑ PRIVATE n 00 DDDDO 00 1 0 C ❑ w w p 0 0 ❑ O w CO O O TRLME D0 n 000 a DANA LN Chi 0 D D GOO DDDDDDDpJp pp � 00 D o� ❑ 0 ¢ J P N F EG s EGAN ❑ • 0 0 WI E �000 MAY ST MAY T O00 ST AIS Y �O 0 n PRIVA E 0 STALLION ST Op D m u u LE STF PA LE ? z J n u �Z� u ❑ ❑ LU GO Dp p0 DDDDCDDDDDCDDDDDCDDDDDCDDDD DDDDDCDDDDDCDDDDDCDDDD❑CDDD❑DD D13 o 0 z U n ❑ '>" C� OO O ❑ , = S ASE ST O } ❑ ❑ ❑ - ❑ w r w g OLD STONEY RD !GO \VP,'(� oa❑DD❑c']❑❑DD❑DDOppDDCOOOOOOO❑C. zD ■ /�� w C GR E ° '� /'' w ❑ p J r H O m T` 0 U O .� C -� ❑ ■ ° ¢ O RODEO DR G/ PR❑aD�O❑ / S IPT SC T E > w m n m ❑ a Q ¢ ❑ Y ❑ O -- fJ O❑❑DDDDDC❑DQ❑❑C7L7Q❑❑C❑ ❑E ----------❑❑❑D�� C iJ u O O ❑ w w > rn O LE n ■ Z z pR o w z n z Y w m z m ■ a8 • /%0 0 _ �0 117 ° a HOUSTON PL yr v~� m ~ ¢ c a z a ❑ ��. ¢ w j w - ST Z O A C o ° WI z n z - ¢ z w O 0 m G O ❑ �D> J ❑ O } w N - ❑ ❑ /� m U O O F- = w ❑ ❑ D < M 8 p Li w ¢ O ❑ + vN ❑ ❑ a w ❑ ❑ ❑ ■ G m 0 Dd C� p a m z ❑ CT7❑C i ■■■ z r I.I J HUMMING Li MI LS - _ ➢ CtF G 00 x O x LL ❑ -r a cT v 0 ❑ i (/ Q z m m ❑ u D o� ( 9/i G J9 m - Dti s■■es! ■o❑❑❑O❑ c❑❑D❑OCCOO❑�f❑CC❑❑OCs❑ ❑ a ¢ G OLF RUN ❑ p U ❑ A E K S W 426 LUEBIP' , ❑ ❑ dIn 4F O n o p °�DDDODc D❑❑❑M1gD ❑c] ❑❑Cc❑DD ❑❑ ° ❑ W p ❑ ❑ - <1 O ❑ J v �BBBBE�S�BEg�❑ W ❑ w > HI KORY ❑ KO Y SiQ ❑ ¢ DDDD j ❑ n G7 0 O O °° c - EP_ > Li �� LOC�"r 0 D OI LNC GC] r \ o DDODG ❑CCif'❑ ❑ 7O❑ ❑❑❑❑C ❑❑ C-� L� OO 0 OJ ;C❑� 0 STELL s J1 0 Q = MU BE Y u ❑ lYS= o z as ❑ a eek❑❑ �p ❑ ❑ Rp O n ° n u ❑ m ❑ _� ❑ ! U.> GOpO ❑ pp LP PRIVA z G u ❑ O CL ❑ OD n a - Li ❑ u o ❑ w SYCA ORE w svc MuRE ST > ■ QSYgAMORE n -a EST o ❑ ° °O ° O ❑ ❑ w ❑ Jill ❑ ❑ T OUD ° ° m u a u IT ¢ P O0 I W ° ❑ CHES UT ST ESTNUT R ° ° LO� w < 3: R/V G P IVATE 70 F- ❑ n ❑ m 0 z r O u ❑ ° WAGON TRAIL D ° "gyp ° W ,Q. w w Q u ❑ O F ❑ ❑ E AIRIE P IRI ST ❑ I- ❑ ❑ PR E u w Z PRAIRIE TW ❑ly '-❑ O ❑ n RAIRIE 0 Q a w ❑ LI �❑ DUCHESS I_ DD ■ o a N ❑ / 0 ❑HIGHL ND m w GH ND ° ° u m o❑ •n ❑ 0�u Li FI DP </ f�FV4TE \v LJ S\ 3S❑ w 0 0 T J WILSON ST WILSON OD �� 0 O O DO♦�^ O �! ,NO 0 ^yh ❑ IAP ST LEN O -�` ❑ Fi <<7 A/g w 0❑ ❑ ❑ '�♦ C� / ■ p o tia n D \` n ` o J p o 000/ jj Y w �° �� p -Q Q♦C`OO�icv 17 T.N. SKILES PRIVATE u z EAGLE /j M LL MO E ❑❑❑ ❑❑DOOM❑❑❑ ❑c ❑❑❑❑7 ❑❑❑❑❑❑❑❑❑ ❑ ❑❑u� °❑ ❑° n O 0 0 D ° m O �� �� oRSN6 ❑ a a °° �> >RrHsr 'A PRIV T �i ARNP ❑ p ❑ 0 000 ❑ I ¢ MARGI I O OO - _V u ❑°DC7❑ O ■ u ¢ z 0 �E ❑ n �u w w �� O o0 RUT sT n _ ❑DC, ❑❑c❑O ❑c❑❑❑❑Fj w z ❑ < 0° rNIRDSr ❑ U°C� NNI O z SHApDKS ❑ A O t< T1 ° Goo❑DD❑DC �' ❑ 0 = r m R�FyS ¢ ❑ °CDC7D7Q�G7 0 0 o (D m ff ❑ a z °o° 0 0 O NS _ S� �0 "oNs S P kF m p� 0 SHADY OAK ��p�° ❑ ❑ w w m SEcoN Sr ❑ \ o ❑ m 1-�irl 00 A n �� ❑ `L ■ C MRD D ❑ G ° -n¢ O = O� m z o CO u O ❑ 0 IT 0Ji ❑° ■ p G 0 m m w� O O ¢r QO'nITH S Q� D g`�� ❑ j AIRPORT IF n w sF O D GHERl 00 PO PRIV TE n n ❑ LI \ O -r-�v, ❑ > ¢ 00 �� u� Oce 7❑� 0 u r ° ❑ Ov Li O , ■ ❑DD�Ep❑ODDDDDDO DDDCDD 1515 °❑ODD❑- u ❑ > m w IVATE 0� u o o u O G 000 L KE VISTA o 0 OD z 0 - J /�S m 377 ALE 77 0 ° u n ❑ W F OO MARY LN A Li TE O❑ b LJ 4RKER D z F ! 00 / n A PRI ❑ J ❑ — Q 00 m IOM COLE TOM COLE RD 0 I U)O r / O M Li T MON IR z Y SEY XS I 00 ST ❑ W �� SANTA FE ST WILDERNES L' F 0 0 O O Z W FI ❑ ❑ - Y SF OG U ¢ 9 C� ❑ ° � d Q ° 5° ❑ oLF�cT O ¢ /O O� !! DEER TRL>, n o TREATMENT PLAN ® z 2 ❑ g ❑ ❑WILLOW WO D • T O 1-3 > 11 O 9 C OPKIN DRFO HOLLOW ST 'W4 ° u J❑ 0 n 426 D DJo o Q CO Z J ❑ � 0 m 0 00 ¢ w C] cOc` �+00 r� 11 288 ❑ ❑ ° oop �O > y ❑ ❑ O ' G z ❑ 0�;, LINA BEND D 'amu LI J ❑ JO ❑ Ix O - t P o w OO 00 ° i- } CJ Y w P IVATE�� ❑ O IW 0 n o❑ !J 0 OJ -- q OQ u J ¢❑ 0 0 0J0 Q Y w m J ❑ LJ 0 SHELBY LN > D � D ❑ w u " W J 00 Ncge O00! (✓ �u z 0 /� ¢ ❑ ❑ ❑ �! URELa z o w z w J I� 3S J R, VN �O g ti BYRAM IL D ❑ a In w o ❑ O v dt ❑ F OOH F� nN� O O�'y �v ❑ n z ❑ ¢ J ❑ Y w w a p e O 00� �' ❑ �� u AA o ° 0 ° nI PRIVAT 0`'�♦ R/Vq o 00 ♦♦♦ O FOSTER RD LANDFILL RIVgTE ❑ 9T y/ ° ❑ i o Q w w U m YHILL ♦ /G 4 O♦ •01P♦ Ll Ll L 1 ¢ 0 ❑ 1J ❑ ❑ PA IN T m PRIV E a Z o HO♦�� ° °0 7 m❑ o ❑ ��° SPS_ ID �� SPRING SIDE RD LnJ Q m Q ❑ \ pp�0 pP�� O CCCC O El >_LI El \141 4 0 /�7 EI w .,� �r ao ASEwop �p FoR�,�� �OplO u E GEL BE Wn o 1 T ;✓r ( 00�� El to El 0 AMYX RD AMYX c3i 4�Op0 o CORBIN OOJ AONIEL S } d Z A W / S L9�� > °° �Cl J o 0 n \ W Op� \ 0 0 s _J 0 i A o p P oG' J a 7 D u 0 r7 ROSELAWN CIR o T I w [_ -a " m 9 ° �v ��OA Y ❑ 000 �, 0 �� 0 < 0 F r A O C\ pU QUAILCREEK RD LEAFY RD ❑ p WO HOLLO RD o gQg 4 0J \ J ROSELAWN R SE N R ❑ 1 �G D O L pLi = Q 00 [❑ ~ ICH / 61 0�� Q H Q� 0Gb �. o ❑ e/ L) ❑ ❑ ❑ .p O LYI-IIL TCHEZ TRL J O (p O ❑W 00 ❑ ❑ r �� ❑ < L L Rq0 ! LUE Y LN W n2 IX 3 D w 00 0 00 �,�' 1 MISSIO SION �I L N RS LN `� iJ1AC X3S Oe ! _ 0U) —A O S >_ = 00 ❑° O TI ❑ LYNHURST P �c n p 0 m g X O G �t�O SKYLARK DR ¢ O L O yRIVATE ❑ n m HENA S / DOD`, YHI o ROR a O z- ¢ 0 O FT < OO O �� ❑ ATEWOOD D 00 O LD1 NDPIPER DR Q O TR ��� FQ� V�7C O PAR PP p °O 00 Q ❑ v GREAT BEAR LN 0(O U D ARDS RD ED D w w fpt�� HAPEL D 'QO INK EY OA ¢ O ) O R t Q p O OE VALENCIA LN ❑ a m z OgTE ��� O c7 N SP LN ❑ 2 W O n vL �� ^, s ° O N ❑ Y ❑ LYNDA LN S z0 ❑ m FM 244 ❑ O ❑❑❑CC❑❑❑❑C]❑❑❑❑CC❑❑❑❑C]❑❑❑❑CC❑❑❑❑C]❑❑❑❑CC❑❑❑❑CC❑❑❑❑CC❑❑❑❑CC DD■O❑❑❑❑C]❑❑❑❑CC❑❑❑❑C]❑❑❑❑CC❑❑❑❑CC❑❑❑CC❑❑❑❑CC❑❑❑❑CC❑❑❑❑CC❑❑❑❑CC❑❑❑❑CC❑❑❑❑CC❑❑/ ❑ ♦❑ IT HOBSON�I^ R/VFR 0 G m SHILOHLN _ U PER R ♦♦ n ♦♦ 0]❑C❑❑❑❑DCCD❑❑❑CDDDDOGODDOD DODDG❑DD CCC_ C❑❑❑ COC❑CCC❑❑❑O MPLAIN E ! 5 / Z S°` ❑ ♦♦♦Li ♦ 0 HI HVIEW CT p 0 LO N LAKE LOON LAKE P O ➢ o 2449 ❑ ♦♦ D ¢ �� 1 u AUSTANG DR s o o m IV Ll 0 ♦♦ 0 IGHVIEW z Z U zOAKHURST 0 Qi SPYGLASS HI N A DQ �p pXV� O ��o �� v 0 000 cT D s� w �=�Tn���s ` `� S �o N ❑ P1� LT y / W GJ J > ■ °° (/ p -�� O a \"!P ❑^� 1,� A 2 G ❑ 9. -I v ¢ ■ ORNBEA ST rp 0O NORAiLI ❑ ` \OU , �/ O CLUB OUSE DR n P CKRUS AG �� RU PA RD m ' 0_ C� n w■ 0O 0 Z U O PIN O DR D Q c`UDJJp VINTAGE BLVD < VIN�GE U K- ORN S 0000 BE T RE� 0 w D = 0- �� ~ z Z OD ? A N R 9�0/ S NSET CIR n W '� ARABIAN PH(-) I INIA a GD o■■■■■■■■■■■'�■i■■■w■■■ISO❑DO❑eepD`� 000 WINTE CR n MEADO LAN S D Q O U O PRIVgT°� o 29 00 z U (/ \v 0Q uC REENBE E AS O ST w L P T O U C A� F E WEI `�/� U SUN AY •CC ❑ CHAPARRAL DR z 00 ❑ WESLAYAN DR Q❑ dS DR n Q O ❑ 0 I� u z OAK FORK T ~n F ❑ ❑ HILCROFT AVE O O KIL DEERTRL (\ 0 F O 7 > ❑ / _ ❑ w 3 w 0 a BISSONET DR ❑ R/ K ❑ rn w .LIVELY H IVELY RD O ❑ 0 m❑ \ > 4W - = z O ❑ w w ❑ r0 p ,Q x❑ OA FORREST CIR ❑ GG '9 ❑ - ❑ m w /., r] 377 vo m W ELLINGTON OA SCI z � ❑ FRq i� ❑ ❑ ❑ ° Fs Mp TFLl �13 �, w 5 F ? (�' ❑ <� �u SANDERS RD -t1 SEVILLE RD Y > /� �' AD D W m a 77 F ° 1z 1 O m /J t SHr V L G ✓Z \000 O❑ w �—��,� j �E OR Y Ci + INSTO DR�--������ Ym z �L O MOON IT PATH R ❑ rn ¢ w \ 9 7 C❑ Rq 0 FOX �` ESE/ - m O SHADY HORES � g a p� O z❑ WELLINGTO OAK D z o O rJ m 0 ❑ \L OAK Z cn c, ♦ w ,,,i N - O rn SHADY SHORE RD p z PR\ z 6 ❑ ��� O O DEPAU O 0 z ��' % ° ? O r U t m 7- O O H NDUE LN \IP - ❑ ° MI DLE =f, ♦, z ✓ O y o '� .� w = J rl o X00 ❑ ROYAL KS Opp o o y Z ❑ ACBEY D U w SEABORN RD SEABORN �� m �C❑❑C�DGDOD ]DDD❑C❑❑❑❑D ❑DDDD❑D❑❑❑❑i=7❑❑❑❑O❑❑❑❑ COD❑QC❑❑CD❑C DDC]❑❑❑❑CC'C7CC'ti"v - o O o L! al y� \9 < FI- m U (� r a <- J N N< O �G D z m¢ D LTON D ❑ SE D m i'� m° D > } ; m X 0 ❑ < c pP ��Q m IX o r w z PRNP J❑ -i a ¢ �] r ZF 0 p 1� mn F� O p za FRITZ LN Q vm � F ! U❑ m 1 JP ❑ z O Ij /r \ U N w ¢ O rJ �� I 2 w N rn I DWOOr ❑ s r ❑ ¢ T,y R 0'j F_ 2 w J ¢ ❑ O EN > ROBINSON RF- ROBINSCFI�J o �O �' m D LU Q r w G MPO 5 ❑ LL MIRANDF ❑C❑DDC ❑❑DODD❑DDDD❑C❑❑❑❑ c: - m \,;a\. rS m w 1830 �\°? C E KWOOD` _ --< a LLJ rn O ❑ EDor \ n O� OUO CAVENDISHIN ` U❑ y 1 2181 Z OQ� QGJ \��� VILLA T RR O Q 1 0 O O S ❑ ,� .c C G O V LN: �� 2 r IL nO O ERRS W AO ❑ m C �� B TLER ♦� 9i Z �O tDR In z a EE' 0 m \P O ❑ /y D \WALTON DALTON DR a ° H O ■ i G , w U C °o AL ■ , � U w m Y ❑ COR H LG GO �� \5� [°i ~ BELlvlvl�i�rr.n�..,� O� ��. ORHOLE R w a A¢O Z w 0Q GO QJC❑❑❑C❑❑❑❑c]❑❑❑❑p0 c w > ■' o'? O� Y > o > o PRESCOTT D WNS C A r O <' ¢ w z ¢ SO o ♦�!! O^ J ❑ r♦ m m A O o ❑ �'ADDOC W Y y ,�� O �N -o O z z a F- Q pD L% N RD ❑ O = [ VINGTO LDWOOD FO a DDD ALLRE ♦ ACCRED RD On KIVUE DR z ❑ DC> c ¢ o FAIRMO NT PARK ■ 00 0 ❑ ¢ O z ILLSIDE D = OS Dpi j G N Y ❑ •♦ ❑ N A 0[[��i\Ll A Y N L US A Y D Z Q o 0 R O 'Ye + F'OCpJ 'C h rL m o \ ?'A� m cC > . VPL VOVt:KUtERDE CTDR m yl\NL T w O AINSLIE I KERSHAM T ¢ Q 1 ORTH HA EN N k o ALO O O DOD DJ O U o O a ICKWOOD fJ ` A �� ♦ E A NIST VERDE 0o I°❑�RDAN FD HF ❑ > > x Y n D BLAIR RD OpG DDpCJao �U J o N u �j > N z ❑ y O RE SIDE DR a iO Cye� 2 L DJ iL �-p r m m = RPENTER RGp G/ DJDOp ♦� D NLIGHT DR �� �Gnin �ncTo nt� - u- n / 0 O Op V LLEY VIEW R Of W p LI "ELAND _ ❑ O U O / DDJDODr Ruses cREE4' BRUSH CREEK BRI REEK OR R EK 1♦ ■■■■■� GGGGGGGGGGGGGGO❑❑❑❑ C C❑❑❑G CC❑ 9❑❑❑CC❑❑a■■■■■■!Ca �_7 OF A�DGLASS TRL C7 ❑ D❑❑❑�❑❑❑❑C]❑❑❑❑ c❑O❑o■■■■■■■■o❑❑❑❑c❑C❑❑°❑❑❑❑❑c❑❑❑OCso p z \_ 71 ❑ ❑ ❑ 0 O� C�Ge CCC z J } z (n 0 ❑ BALLYCAST E LN RNING GLORY DR OQ ADOWS OAK DR 0 ¢ OB SIR IDR JOHNSON INSON LN 0 ❑ F(y CCd- 0 w OCEAN m ALADIUM D U GOODLAN L/ \� O Y x Z o uJ ❑ OC N C D OO 3 �jOC DO I ❑J O O a m -- n� Q NFLOWER R O CO ElN OPS R ° O w </C n Ir p O a W¢ F LIGHTH USE DR HIRE p S� S.N\E O 050 O� D O�/R ro > ✓ ~ Q p z z uwi m ACORN BEND RD ■ C TH_Lq R C PPER LEAF R LAKE SHARON z gERK P o O O rn O w J KE D NE z ^�\ ° O INgY FAIRWAY DR CCf 00 z wp ❑ ¢ ■ A E SH R N DR S N w x mpgSO �P ��\�G °❑ GG<�7 Z a > W M TE O R p ASH N } Z Mg E� RO Q p /mss ¢ 13 T O <G VERCREST R ❑ O O ❑ p > y w❑ NIGHTI GALE LN m KESj F < El 3 O h JOLLA W q P n G� �O G OC OC W \�\ �P LD ALTO R Q❑ ° U B ❑ C SSIDY N ap �C7 FI ¢ q nu BIRCH LN = RUSSETT L w to ,Z1 O vJ RAVEN OOD DR Q- G h'ZO O� m ❑ D W �O O� eq< �yT D SO IANO ST S, O�.> OOG'... ❑ l O—� �� ~❑ 0 J \. CUSTER R 1U.") /N m s\ w D m �� z SQL `G n r zCOUNTRYSIDE DR w ❑ �l'i AI WAY ACRE DR IT ❑ rp <vCDR L DR �, wwOAIL CREEK LN o 0 L�O EDAR v10 O O,Q _ O ❑ ■ DAIS s■ q<M F p m\� m z� M OWVIEW R O w O� F/( - 0v C� 0 S� o ATH RWO D �; 0 \O r n D V H T TO E R w EAKVIEW D \C y S IvE o a tiF O /' ❑ ° o o - 0� o _i �IVIVIE,vuOW DR 00 O � """IT ❑ O 0000 F Q/ ❑ - - Sp NC'E\No( p0 D �EADOWG S/O ❑ OG G ❑ 0 �� _ LINNIE BELL RD UT v SyNO2 ❑ rn M y 9 Y ❑ c U L\• w o Z Q \. ❑ yF'4 9 Q' "S O O \N p,Af�. �y2 ❑ Z �� 2 �� m ■ w a C AMBRA pm LO O Vol)- NDON R w�pL/ SFO O o ❑ n A PARKPLACE OGO l2 - �( DAVID FORM > n O P F NSA ♦ OR GE _R ODp m J0 e w CLIFF OA zc�� CREEKSID(* TRL 0 G ❑❑❑❑DCC]❑❑❑CCG❑C�CCG❑❑❑CCOSI!■■ ■■■■■■E❑❑❑❑C!! rn SUNFIRE LN U \op�0 Q- p REEKWAY G = O C/ O J O NRID O O� � RE INAD A HENS R C7 00 �♦ U D0 ❑ SCS o CLEAR C GOG C♦♦ / W OC� 0 w a 61°♦1♦ WlC r w❑OOccOOOOCCO❑❑❑❑❑❑DDo❑OOG❑❑❑c❑❑❑O O000O❑C❑OOO❑OOOOO❑COOOO❑COOOO❑ ❑❑COOGOC]OOOO❑COOOOCOoo❑Da■ WFORD (_ o O 1 ❑O �a m Ni S.k ROBSON RANCH RCIRSCIN RANCH Rh 4 R F RD R CRA °°❑ x �G 000! ^� \ ❑ JY F Tp nD❑]GDC]pGG❑❑❑GCC❑❑❑❑C❑❑❑❑❑CCD❑❑❑C❑❑❑❑❑C❑❑❑❑❑CC❑❑❑❑CC O G C J' ` OAK STER z qF �`0 O RIDG R CREEK RD !]D❑ 1 J ^ U AY FH R H PC, 9�p❑C❑■■■GOO❑G7- O IG F KNOB HILL CT O EEK C� SIN(_ 4❑❑❑❑❑❑❑ Onv ��-44, o O ❑ OG CCC- - - v m 0 ❑ BU CHBURYLN > V AILEy V IENJ CT J O� 0� � ° N m Q y DCCD❑C 04 z o °J�ICCCGpJD ` �O\Ti I- i STRADER RD i pJ OU ITE CIRLJ BEV j 00 AREN DR 0 �QOLD ALTON O°0 p\NQf O a ❑ oQ ° N ❑ SWELL SUNSET ,O gGFw �,p F] r W TURBEVILLER Li A OG O Y CO ❑ � U ; LLIN ❑ L MO O gLLgs T OS 2 m hNG TAIL TRL EAGL AERIE C U CI AKRON CT G OF T T RIT J h ❑ m r i J m , n p�♦1 N S - w ❑ U m ❑ % .0504 `> r" ST ♦♦OT J ' CROSSING LN w n n p I OD❑❑c7O❑❑c]❑❑❑❑❑O❑❑❑❑❑O❑❑❑❑�� HICKO Y HILL = _ ❑ * o z ♦ o�❑D❑❑❑O❑❑❑❑❑ODD❑ ❑❑❑❑ O� w z LI 0 ° m J O F, ❑ w rn n EVELYN LN \� ILI U ir 000 0 o z0 7J 0 ^^ w z : _ _ OLD JUSTIN RD = gH - - ❑C"3❑C-w�nrv-e- Z 0 MAYNARD D rr v OL TRL � � m r �v-�nnrve--s�nr_CL717❑❑�]❑DGw�rsreww�r.C❑ AO Z STRAIT LN m y > m 4 r z z ■0 AKD �� OREGON RL 0 0 U` QCD ❑ HOLDER P YTON PL p U_ 0 z w Q U ❑0 < U ❑ 2 x = J_ ¢ LL ❑ O O Notes: Resolution R98-065 replaces 1988 Thoroughfare Plan Dec. 15, 1998 Legend This map is a graphic representation prepared by Amendment ordinances: g 1. Guideline minimum spacing for arterials and collectors for new the City of Denton, Engineering/Planning GIS 99-036 Aug 17, 1999 development is detailed in the Transportation Design Criteria Manual. department and is intended for use only as a D 2001-036 Jan 16, 2001 N °°°�]°°° Primary Major Arterial - — - Outer Loop Road Not Yet Built - Future 100 Year Floodplain = A Area Lakes 2. Roadway classifications shown are considered to be a minimum standard p y 2002-022 Jan 8, 2002 Y reference. Data depicted here is not guaranteed 2004-034 Feb 3, 2004 °°°�]°°° SecondaryMajor Arterial �--�� Collector and could be superseded by a more stringent classification as required by for accuracy and may be subject to revision 2004-061 March 2, 2004 Existing Road Not to Class Standard 100 Year Floodplain = FW E7 Denton Cit limits at an time without notification. A registered CITY W E Citylimits development's Traffic Impact Analysis. Y g OF 2004-348 Nov 2, 2004 ❑❑��❑❑❑�■� Modified Secondar Arterial 2006-249 Sep 12, 2006 y �--�� Railroads Maintained b TXDOT 500 Year Floodplain = X500 3. Outer loop shown to indicate a preferred corridor consistent Surveyor for the State c Texas was not consulted. > y For Survey level accuracy, supervision and DENTON D2006-3457-00 Dec 1 , 06 S -® Freeway with NCTCOG planning documents. certification of the produced data by a Registered G2011-1 7 J Sep 12202007 2,000 1,000 0 2,000 4,000 6,000 8,000 10,000 12,000 Feet 4. Mayhill Road is to be constructed as a metropolitan highway to Professional Land Surveyor for the State of Texas 2011-11� July 19, Rails to Trails Reserve Map last updated Aug 3, 2011 TxDOT standards. would have tobe performed. 411 Rector • 455 • • W • • ■ rt • ■ � 2153 • x ♦ 2164 ' ■ - ♦ . . ♦ • • • • • • ■ \ • • OCT ■ ■ ■•■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■� ■ ■� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■;z . W* Shepard ■ ■ 1\0�1000- 000 o°o ♦ ■ o°o ■ ' ■ / Milam ' ■ ♦ ■ ' ♦ ON ■ • 3163 \ ♦ ■ ■ �• • ■ ■� ■ • • • d■ ■ l ♦ —• ■ — ♦ c■ ♦ • ♦ • ' • • • • ♦ d ■ ■ . . • • •� • • • • Bobcat• •• • • • • • • • • • • • • • • • • • • • • • • • - ■ ■ - ■ ' ♦ �\ ♦ IPS • : ■ ; o ♦ • ♦ 428 ■ Ganzer ■ A ♦ y� ♦ ♦ ■ ■ .' ♦♦� ♦ 2164 •••♦ ■ C � ♦ • ooperi Cre k ♦A • • ■ 40 Zo ■ ■ ■ • ♦ ,♦ ' • • ♦♦ • ' ■ ft ' ` ' • ♦n • , ' • - ■ •• ' •• • • ♦ • • Hardee Field ■ • • Lon H/ - ♦ ♦ ♦ • ♦ ♦ • ■ • • • IL St■ •�' • ••• 1173 � 77 ♦ • • • ■ 288 • • • ' ♦ '- - coo ■ ••••• • • _ !�0io ♦ \ co--------------- — /000 ■ ♦ ,, n •—•—t—•— • • • • • • • • �--i! -- • ' C . O OU ■ O \ i I • • • • r = M IN 000° r ♦ ♦ F/� 3 ro Kings Row ' . • • '; ■ ♦' 00 ♦ • • Riney ./ E i . y •-.--•- • ■ • ♦4f LL ♦♦ y ••• •• •�■■■�V V - • O 4 IL 0 ■ \ • ♦ >, as • • � • , OOo , ♦♦■■.■,■■■. s 288• I . �•/ •� r °o • ♦ �� ._• Finers •��� �• l -,c ■ . i • 00 '♦ ♦ ♦ / • Coronado a • z21-1-!• • "! -� '0oI / • o° t1 r - ami • �' ■ - -- - 80 ♦ - • �I I ■ o c • I ■ . I n■ = I ■ 80 z ISunset _ �r9 • �, University M Bragg • •� 1 - Crescent Lattimore i d i • C , d F Y 156 Z • ♦■ > d w Panhandle ■ Y x �• -•-•-L - Paisleyl -•SO 1 Jim Christal m o-y�-•-• ■ ■• Scripture IS ro ■ ■ Oak 00-.-•- Mills ao CU ■ • 426 a ■ ■ ■ • Hickory m ; O ♦ ■ -o_j oa • 3 0Highland i • • • • .-•- ♦ •• ♦ ♦ o • •�•� 288 0 �c ■ • ♦ ■ : Z Maples �. 3 ��hhe ■ • • ♦ . ■ \ 0 I � Eagle Morse o �' ■ • CLT 01-0• I ort I S a Oaks I ■ • ♦ I ♦ ♦ - - • h dy ••• 1515CU • I _ I I I ■ ' • I I ICDo m //� ■ ; • ♦♦ ♦ I}• ■ ■ `o T p Willowwood I Spencer ■ 426 ■ O I ♦ ■ N ♦ J•—•�••� • ■ ■ Vi ■ /■■♦��y 3: ��♦ I L • • m . PaLO .rvin I ` ■ ■ ■ I ♦ �♦ ♦ \ I 00 Vs 10 T 0 Al rI O ■• • • • • • • • • ■ • : ■ ♦ ' Roselawn a'�d, • c ■ ■ • ■ ■ ■ r r--- ■ -•—• a—•—• O` � •� a. • ■ • ■ ■ ' ' • 17 / ■ ' ■♦ ♦ ♦♦ - ■ • •� .... • I ■ j `� �' -� Edwards ■ ■♦�♦ ■ ♦ �! L Windriver j ■ ■ INONE■ ■.. ■ ♦ 2449 ■ ■ 4F ■ / cn . -. P_ockrus--Page ■ ■♦ ♦ ■ ■ � : : ■ 'Vintage �o I e _ EI Paseo . a ■ ♦ • 377 1830 • • • • • SOME ft ■ ♦ ♦ H. Lively I ■ .. \ , ■ `��•. aA/ � ♦ � m .L r 4�1 ..... 10♦ .. ■■� --Ryan A ■ , ! F� 2181 Robinson ♦ ♦ Brush Creek ♦ • ♦ ♦ ■ I♦ • I ■ ■ ■ ■ .♦ • ♦ ■ • • , ♦ : ♦ I ♦' t ory-C-reek ---------- `-- Hick Nor ♦ • --1 i 'c ■ ■ ■ ■ ■ 0 ■• ♦0 ■♦ • GOv�• • • • • • • • •i --- - --- • ._- �i • d \ • f • ♦ a • • • To j /Ow" • � j � • 1830 • Robson Ranch • • • • • j • HickoryHill• ----_----�-- -- - _ - - ---- - - --j • • Legend Future Network - - - - - Future Primary Arterial Streets Freeway - - - - - Future Secondary Arterial Railroad p MobilityProosedPrimary Plan Arterial ••••••• Future Collector Floodplain Secondary Arterial - - - - - Future Primary Arterial (Updated) Airport 2015 Mobility Plan Update •-•-•-•-• Collector - - - - - Future Secondary Arterial (Updated) Parks 0 0.25 0.5 1 1.5 Miles Primary Arterial (Updated) • • • • • • • Future Collector (Updated) City Boundaries Kimley)))Horn �-� -Secondary Arterial (Updated) - - - - - � Future Primary Arterial (Newly Added) City Limits CITY Collector (Updated) - - - - - Future Secondary Arterial (Newly Added) : ETJ December 2015 OF DENTON Future Freeway Future Collector(Newly Added) L--------------� ............ .._ t NO v i C t y a�r • � o.V:.y 1p Ftl . {Si4. 6 ,� -,� Legend n CA21 =0001 Notification Map ,p Y y° s` r a , "'Ol "Poll 1 > MASCH-BRANCH RU I ' AS t I , b I v rl j _— _—�'a"-/,., I-_--___--_-----------------------_--_--__—� BARTHOLD RD ar,rwr.«i ' •'4 "A r .�* �;� ��,I N ELM ST _ 1 Ilan JLL v \ 1`� �� 1= r �Yl f 'A , . , RS 1 . e z ... > , v — — — — — — FM_1.1,7,3 117 s . _7 All r " t . L � x i 2 ,b , Y1 A R x � 6 R M1 / r > > , ya - g. �f LOOP 288 — , s LOOP 288 RAMP i`. �.o . •..• r � s�+#I�M>Y,aR:.?%>dA 3JJ�Fe +rY54,.wJMM�U' §` —__—__ -.- r i4 9lY��s' � !9" r'`�'� 1i -. � y{ .J'v.• •rl � , a \ \` �. #Avi NR:, LJ � �k , 9', A l:�iI,f '11� �,-7'Fr !fs ♦,�Y ,,r, `.Y..t ,N.Y �!S�!'' iw� 'i r}, :.wS ba^ \Y:- i �'T"'M1 :5�� ' �: I 1 �!-Pf',. � �Y✓< �r 'Py �, ..' \ •r' �.6$(• `\+'.Y ' .'n -. ' I �{ Y - iw l 'rF 1 INv w fi". p 'y,4 •,; , F ,: r1, < x.� A,s�aM.^5 trnfw'r; _ 'I � , , ; !I �1 � �',° ).. 0 r r'dY✓Y .b: Yq! R �If; e{TM i bUv )?'"�". - \" � w • , ♦ - 7 / ., ♦ 'A �j � l >- - _ �� rt .i � p - ! 1y +i �'��' y @1 WESTGATE0 1 � r J ----------------------------- ,�'. - = y, { + _ 9Lul r re -----------------�. r ' - \ lk M Ad i i ti ' , +h , t : F M1 — i , A , o- > k.. ♦ . =.a , 1uY14 R " M MO u 'Y ^spa r � � '. �",�, �i Y 1 2 +F—I ' III 3'� ♦�,y��\� ice, �'"ar ..,. A y w> r f m - L e x t • _s.l. f Pe , e , Site CityLimits N i � W E S 0 250 500 1,000 Feet 200ft Buffer ETJ Division 1" 1 o cOF DENTON 500ft Buffer 0 �a p Development Services • GIS Z Date: 6/29/2021 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative location of property boundaries. Although every effort was made to ensure the accuracy of this data, no such guarantee is given or implied. Utilization of this map indicates the understanding that there is no guarantee to the accuracy of this data. 414 PUBLIC HEARING NOTIFICATION SIGN AFFIDAVIT OF SIGN POSTING- Project No. Z20-0005 Ft CA21-0001 Dade of Planning and Zoning Commission Meeting: Jul 14, 2021 I hereby certify that I have posted or caused to be posted Public Hearing Notification sign(s) on the property subject to Project Name/Number Denton Commerce Center / Z20-0005 Et CA21 =0001 located at FM 1173 / I-35 /Loop 288 Said sign(s) have been obtained through a sign contractor of choice and meet the specifications as stated in the City of Denton Public Hearing Sign Criteria Sheet. Posting of said signs was accomplished on 07[01 Et 107 [02 OZ , 20 21 .Said signs have been posted in a manner which provides an unobstructed view and which allows clear xeadina from the n»hlic right(s)of-way along F1V1 1173 / 135 /Loo 2oo signs will be maintained on the property throughout the entire public hearing process and w three (3) calendar days subsequent is the final decision by the approving body. . Said ill be removed within I further certify that this affidavit was filed with the Planning Department of the City of Denson within the time provisions specified iri the City of Denton Public Hearing Sign Criteria Sheet. Executed this the 211d w4el Sioga! ture of Applie day of Jul 20 21___qp or Authorized Representative for Project No.Z20-0005 Et CA21-0001 Todd Finley - Dev. Partner Printed Name of Applicant or Authorized Representative for Project No. Z20-0005 a CA21 =0001 STATE OF TEXAS COUNTY OF Dallas BEFOREME, a Notary Public, on this 2nd personally appeared Todd Finle day (printed owner's name) the above signed, who, UI1CiGI oath, stated the following: "I hereby certify that T am the owner, for the purposes of this application; that all information submitted herein is true and correct." SUBSCRIBED AND SWORN TO before me, this the 2nd day of July .2o 21 —. WJ Notary Sig, -nature 01111(4t. CHRISTIAN P. LOCKS Notary Public, State of Texas ►�.=' Comm. Expires 06-17-2024 111 1 E 80 W PLEASE NOTE: Failure to post the notification signs) on the p�opeYty by the close of business (5p m} on the tenth (-lV",) daYipror to thee firstpublic hearing shall result in the postponement of consideration by th e Board or Commission. STAFF USE ONLY: Date/Time submitted: Verified by t 5/19 C R 415 Denton Commerce Center — Project Nos. Z20-0005 & CA21-0001 (installed 07.02.2021 per attached location map) ■ DE1 Nr 1 Notice of Public Hearing Project Number: L20-0005 Ot CA21-0001 Project Name: Denton Commerce Center Request: For more information: w„v,,�leyarMmm�.com l9ublicnmc�1 ngs PITY ()F DENTON Notice of Public Hearing project gumber:20-0005 000It project Mame: Denton Commerce I s Center Request: For more informeatico eetings www.city CALL: 940 349-8541 416 CITY OF DENTON Notice of Public Hearing Project Number: Z20-0005 Et CA21-0001 Project Name: Denton Commerce Center Request: For more information: www.cityofdenton.com/pubtic-rneetings CALL: (940) 349-854 o R -MS,._,i _ -.—., i .J/W W''..k 417 Iv- DENTON Y DENTON Notice of Public Hearin g ` } Notice of Public Hearing Project Number: Z20-0005 & Project Number: Z20-0005 Et CA21-0001 CA21-0001 Project Name: Denton Commerce Project Name: Centon enter Commerce Center Request: Request: For more information_ A For more information:" --cityof ienton.com/public-meetings GALL. (940) 349-8541 www.cityofdenton.com/pubtic-meetings rA1 1 - (9401 349-8541 417 CIiY f1F DENTON Notice of Public Hearing Project Number: Z20-0005 Fr CA21-0001 Project Name: Denton Commerce Center Request: For more information: www.cityofdenton.com /pub Uc-meetings GALL: (940),344-8541 418 �;j' Development Services DENTON 215 W. Hickory St., Denton, TX 76201 • (940) 349-85411[Address (Ex 215 E. McKinney St., Denton, TX 76201)] The Planning and Zoning Commission may recommend, and City Council may approve, any amendment which is equivalent to or more restrictive than that which is requested and which is deemed consistent with Denton Plan 2030. For more information, please contact Julie Wyatt at (940) 349-8585 or julie.wyatt@cityofdenton.com; or, on July 9, 2021, visit www.cityofdenton.com/public-meetings for the meeting agenda with staff's analysis and associated exhibits. Response Form Project Number CA21-0001 Denton Commerce Center July 14, 2021 PZ meeting In order for your opinion to be counted, please complete and mail this form to: City of Denton Development Services Attn: Julie Wyatt, Project Manager 401 N. Elm St. Denton, TX 76201 You may also email or fax a copy to Julie.wyatt@cityofdenton.com or (940) 349-7707. Please circle one: ❑ In favor of request Ql Opposed to request Comments: I Cb 'n. 5 e c o x— a SL e Signature: ze'-�� z Printed Name: 1i E OJ T rh L C AA M V FRS Street Address: -)--o`t 9 S 4 IN L,L ►�J) City, State and Zip Code: I E -u TO K) 7-4 -7 �0 7 Phone Number: J---4 4 `I• -o — 3 -2- C — I C� 9 0 Email Address: c Rik Nk k E ?� 2- �) }}-0 L_ . C_ c) AOk, ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 419 Development Services DENTON 215 W. Hickory St., Denton, TX 76201 • (940) 349-8541 [Address (Ex. 215 E. McKinney St., Denton, TX 76201)] Physical Address of Property within 200 Feet: 2 0 4 � A wr s (,mak U (1p�seS. st c�. j I Som o� E -TJ- 17 ivislok PN��Qt1sCb rc�cAd � pro p o SQ d ro a- Q1 i � e- s i,—.ore CL u [_ C O V"f\ C \ l Lt � e rC, ctiA �, �� i C�— �- a.- Trow +%3 oIj_V- �o�SeS o�itier\\-{fir �drs��<< RA �eSlrea\\io(-p— bkt Oi'--A. 5t»d jS v�o1, ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 420 •r y!•+ - k_ -LIMi J - iv �- Y � �f y .. r CA21mOOO1a Denton Commerce Center August 3, 2021 City Council j C. Mobility Planning in Den • Component of the comprehensive plan, establishes the future roadway, pedestrian, and bicycle network • Modified + updated intermittently, either in response to a specific request or part y� of the comprehensive plan • Transportation networks 4 defined .. T hierarchy that distributes traffic amon °' highways, arterials, collectors, and - 4 neighborhood roadways - a • Current Plan replaced the 1998 Plan as amended) •pdate is under way 1 111 407Alllll� 1 DENTON Aviv I-IvuIIILy Mall 2011 Mobility Plan (amended 1998 Plan) 422 Request & Site Data r = • = • In 2016, the Mobility Plan reclassified Cindy Lane from a neighborhood street to a s Secondary Arterial, extending from US 380 `•••..., ,� ""' `�, through an established neighborhood (Ranch :"'#'* •' �' , Estates) and continuing north to FM 156 R4move indLane through site ++4� ** • DDC Section 7.8.7, if a development includes ' F O + *4 P a proposed corridor, the development must i, `•, : rte ;.;' ■'•....''' ■ i . ■ 0 IF dedicate the ROW and may be required to '• •`.i.'', `' construct a portion of the street . ,....,.:�.....}...,•• 9 Loop 2-- }� 1 • Modify the Mobility Plan to remove a section ;............".i •.,+#+ �..yr of Cindy Lane which runs north/south through , Cindy Lane •� � ` `w the center of the site 411 00. op 8/3/2021 File ID: CA21-0001a 3TYAWIIM� DENTON 423 Current Mobility Plan Proposed Mobility Plan** DENTON the proposed Mobility Plan 424 General Approval Criteria for All Applications (Sec. 2.4.5E) 1. General Criteria 2. Prior Approvals 3. Consistent with the Comprehensive 4. Compliance with this DDC 5. Compliance with other regulations 6. Consistent with Interlocal and De Plan and Other Applicable Plans velopment Agreements 7. Minimizes Adverse Environmental Impacts 8. Minimizes Adverse Impacts on surrounding Property 9. Minimizes Adverse Fiscal Impacts 10.Compliance with Utility, Service, and Improvement Standards 11. Provides Adequate Road Systems 12.Provides Adequate Public Services and Facilities 13. Rational Phasing Plan 4 ci I!r DENTON 425 Specific Criteria for Approval (Sec 2.7.1.D) Any one of the following criteria must be met: a. There was an error in the original Comprehensive Plan adoption; b. The City Council failed to take into account then -existing facts, projections, or trends that were reasonably foreseeable to exist in the future; c. Events, trends, or facts after adoption of the Comprehensive Plan have changed the City Council's original findings made upon plan adoption; or d. Events, trends, or facts after adoption of the Comprehensive Plan have changed the character or condition of an area so as to make the proposed amendment necessary. In addition to the previous slide, proposal is subject to the following additional review standards: a. That the amendment is not in conflict with any portion of the goals and policies of the plan. b. That the amendment constitutes a substantial benefit to the city and is not solely for the good or benefit of a particular landowner or owners at a particular point in time. r= ' O 1 1 1 1 DENTON 426 In addition to the previous slide, proposal is subject to the following additional review standards: c. The extent to which the proposed amendment and other amendments in the general area are compatible with the land use goals of the plan and that they avoid creation of isolated uses that will cause incompatible community form and a burden on public services and facilities. d. That the development pattern contained in the existing plan does not provide adequate and appropriate optional sites for the use or change being proposed in the amendment. e. That the impact of the amendment, when considered cumulatively with other applications and development in the general area, will not adversely impact the city or a portion of the city by: i. Significantly altering acceptable existing land use patterns; ii. Having significant adverse impacts on public services and facilities that are needed to support the current land use and that cannot be mitigated to the maximum extent feasible; iii. Adversely impacting environmentally sensitive areas or resources; or iv. Adversely impacting existing uses because of increased traffic on existing systems. f. That site conditions, including but not limited to topography, utility corridors/easements, drainage patterns, noise, odors, or environmental contamination, would make development under the current plan designation inappropriate. nay = ' DENTON 427 Denton Plan 2030 ✓ M-1: Provide for the safe, efficient movements of motor r r 1 vehicles, bicycles, and pedestrians in a sustainable way that complements Denton's planned growth strategy ✓ Given the divergent goals and desired uses within each FLUM that Cindy crosses, the connectivity could conflict with the plan's growth strategy ✓ Mobility Plan update: removes Cindy Lane 4 focusing using the Masch Branch and Lovers Lane corridors, avoiding the expansion of existing residential neighborhood streets ✓ Business Innovation: large planned employment and industrial facilities 4 common lot sizes range from 20 to 30 acres for a single building/user to over 90 to 100 acres for larger campuses ✓ Splitting the large parcels between the railroad corridor and I-35 with a 110 -foot wide arterial roadway as shown on the current mobility plan would unnecessarily impede the intended large-scale development "✓ Key Action 144 & M-6.7.4: Update the Mobility Plan at least every five years. T _Jr a • r . • 3 • • • • • • ; a r i r • nom.. _.... • � • ............ 1 1 • I,s ;. s r MAS • • _1',.r ■wj4^- ' r' h l�� I r• ♦I 'rrh Lr7 HRD: F'r • r;' I sr ■ Industrial Commerce JIM �# Business -'- Innovation 10L ■ 1 ■ ■ Low Residential a coa 428 i x r i s 7 - r `♦ r • ,.ads ffi ............ 1 1 • I,s ;. s r MAS • • _1',.r ■wj4^- ' r' h l�� I r• ♦I 'rrh Lr7 HRD: F'r • r;' I sr ■ Industrial Commerce JIM �# Business -'- Innovation 10L ■ 1 ■ ■ Low Residential a coa 428 IIS LN -� ,± r � r ;1 X19:' II �•:..., 4 ► -+ILt IL law • • . . • • . . • • , f FJ fail mm. 8/3/2021 Additional review standards ✓ Substantial Benefit to the City: Proposal is consistent with the draft Mobility Plan ✓ Compatible with land use goals and avoid isolated uses: Consistent with the land use goals ✓ Significantly alter acceptable existing land use patterns: Not negatively alter the existing or proposed land use pattern ✓ Adversely impacting existing uses because of increased traffic on existing systems.: draft Mobility Plan includes a network of future arterial roadways and highways designed to accommodate the projected traffic for build- out conditions. Since Cindy Lane does not currently extend beyond Ranch Estates, area development has not relied upon its capacity to accommodate traffic. IC1017d 1 DENTON 430 Public Outreach • Newspaper Ad: July 17, 2021 • Property Posted: July 2, 2021 • Mailed Notices: 200 ft. Public Notices mailed: 15 500 ft. Courtesy Notices mailed: 2 • Responses: In Opposition: 1 (further clarified during the public meeting that he was in support of the request) In Favor: 0 Neutral: 0 I..rl DENTON 431 Recommendation The Planning and Zoning Commission recommended approval of the request (4-2). Staff recommended approval of the request, as it complies with the criteria in Sections 2.4.5.E and 2.7.1.D of the Denton Development Code (DDC). 432 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A COMPREHENSIVE PLAN AMENDMENT TO MODIFY THE ROADWAY COMPONENT MAP OF THE MOBILITY PLAN TO REMOVE A SECTION OF FUTURE CINDY LANE GENERALLY LOCATED WEST OF THE I-35 SOUTHBOUND SERVICE ROAD, EXTENDING 4300 FEET SOUTH OF THE FUTURE LOOP 288 EXTENSION AND 5100 FEET NORTH OF THE FUTURE LOOP 288 EXTENSION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL MOBILITY PLAN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA21-0001 a) WHEREAS, on February 3, 2015, the City of Denton adopted an update to the Comprehensive Plan; and WHEREAS, on January 5, 2016, the City of Denton adopted an amendment to the Denton Mobility Plan and Travel Demand Model of the Denton Road Network; and WHEREAS, on July 14, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (4-2) of the amendment; and WHEREAS, on August 3, 2021, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.1 of the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a Comprehensive Plan Amendment to modify the Roadway Component Map of the Mobility Plan (the "Subject Amendment"), have determined that the Subject Amendment is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Subject Amendment is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Roadway Component Map of the Mobility Plan is hereby amended to remove a section of future Cindy Lane as described in Exhibit "A" and depicted in Exhibit "B". 1 of 3 433 SECTION 3. The City's official Roadway Component Map is hereby amended to show the change in the future roadways. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by and seconded by , the ordinance was passed and approved by the following vote Aye Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1: Brian Beck, District 2: Jessie Davis, District 3: Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the day of , 2021. GERARD HUDSPETH, MAYOR 2 of 3 434 ATTEST: ROSA RIOS, CITY SECRETARY mm APPROVED AS TO LEGAL FORM: CAT14F.RINF, CT TFTON_ INTERIM CITY ATTORNEY Hilary Negron 2021.07.3012:48:23 BY: -05'00' 3 of 3 435 Exhibit A Modification to the Roadway Component Map of the Mobility Plan Remove a section of future Cindy Lane located west of the I-35 Southbound Service Road, extending 4300 feet south of the future Loop 288 extension right-of-way and 5100 feet north of the future Loop 288 extension right-of-way. 1 of 2 436 Exhibit B Updated Roadway Component Map 2 of 2 437 CA21-0001 Mobility Plan Mobility Plan — -- Collector ••••••.•.•. Future Collector Freeway Future Freeway — Primary Arterial •••• Future Primary Arterial — Secondary Arterial --- Future Secondary Arterial — Future Outer Loop City Proper ETJ Division 1 & 2 0 0.5 1 2 Miles CITY or DENTON Development Services • GIS Dale: 9/2021 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and represents only the approximate relative loc 43$ property boundaries. Although every effort was made to ensure the accuracy of this data, no such guarantee is given or implied. Utilization of this map indicates the understanding that there is no guarantee to the accuracy of this data. I City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 , %Iiiiiwlim� www.cityofdenton.com DENTON Legislation Text File #: Z21 -0002b, Version: 1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Planned Development (PD) District and Light Industrial (LI) District to General Office (GO) District on approximately 24.93 acres of land, and from Planned Development (PD) District to Mixed -Use Neighborhood (MN) District on approximately 23.47 acres, and from Planned Development (PD) District to Light Industrial (LI) District on approximately 9.7 acres, totaling approximately 58.55 acres, generally located on the southeast corner of the intersection of University Drive and Loop 288, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 6-0 to approve the request. (Z21 -0002b, Prominence, Sean Jacobson) City of Denton Page 1 of 1 Printed on 7/30/2021 powered by LegistarT" 439 41.1100�1 DENTON City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ICM: Sara Hensley DATE: August 3, 2021 SUBJECT City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Planned Development (PD) District and Light Industrial (LI) District to General Office (GO) District on approximately 24.93 acres of land, and from Planned Development (PD) District to Mixed -Use Neighborhood (MN) District on approximately 23.47 acres, and from Planned Development (PD) District to Light Industrial (LI) District on approximately 9.7 acres, totaling approximately 58.55 acres, generally located on the southeast corner of the intersection of University Drive and Loop 288, in the City of Denton, Denton County, Texas; adopting an amendment to the City's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 6-0 to approve the request. (Z21 -0002b, Prominence, Sean Jacobson) BACKGROUND The applicant, Lee Allison, representing JNJ Prominence Square and Danny Johnson, the property owners, is requesting to rezone 58.55 acres from Planned Development and Light Industrial to General Office, Mixed -Use Neighborhood, and Light Industrial. The larger approximately 54.63 -acre property, owned by JNJ Prominence Square LP, was originally rezoned from Agricultural, General Retail, and Single Family (SF -7) zoning to Planned Development as part of PD -191, which was approved by City Council in 2000. The original Concept Plan, approved under the Interim Development Code in place prior to adoption of the 2002 DDC, divided the subject property into four areas (A, B, C, and E), each of which could be developed with a different mix of potential uses. In addition, approximately 18 acres, mostly in floodplain, was proposed to be dedicated to the city as a park in the future. The zoning of this land into the PD also vested the property in the mix of older landscape and development codes in place in 2000, which included extremely limited tree preservation and Environmentally Sensitive Area (ESA) protections — and no protections for Riparian Buffer and Upland Habitat ESA. The applicant is now proposing to rezone the site out of the PD into three current zoning districts, General Office (GO), Mixed -Use Neighborhood (MN), and Light Industrial (LI), which would permit a similar mix of uses, in each area of the PD, as was permitted in those areas under the PD, without needing to adhere to the exact list of uses in the PD, while ensuring that all 2019 DDC standards would need to be met by future development. See Exhibit 7 for a map showing the location of areas A, B, C, and E in the PD, and see Exhibit 8 for a table that compares the main uses permitted by right in the four areas of the PD with the main uses permitted by right in the standard zoning districts to which each area is proposed to transition. Finally, similar to what was anticipated with PD 191, the developer is in discussion with the Parks 440 department to dedicate approximately 18 acres of floodplain, which would be drawn partly from all three proposed zoning districts, to the City of Denton for parkland development. While providing the developer some increased flexibility in permitted uses and freedom to develop through the standard DDC processes instead of the PD Detail Plan process requiring City Council approval for individual site plans, rezoning the property within PD 191 to GO, MN, and LI, will ensure that future development on the subject property will be subject to all provisions of the 2019 Denton Development Code, including the current Tree Preservation and ESA standards, rather than the mix of provisions currently applicable to it under PD -191, including the 1988 Tree Preservation standards. The smaller approximately 3.92 -acre property owned by Danny Johnson, a partner with the owners of the larger tract also proposed to be rezoned, was previously also part of the original PD 191. It was zoned out of the PD in 2002 to an Employment Center -Commercial zoning, and then transitioned to Light Industrial (LI) with the 2019 citywide rezoning. It is now proposed to be rezoned to GO to align with the proposed rezoning to GO of the PD property adjacent to it, so that these areas can be developed together with similar uses and design standards. A full Staff Analysis is provided in Exhibit 2. PLANNING AND ZONING COMMISSION On July 14, 2021, the Planning and Zoning Commission held a public hearing on the requested zoning change. Staff presented an analysis of the request with a recommendation of approval. A written response in opposition to the project was received. Planning and Zoning Commission members discussed their desire for some assurance that there would still be future park dedication similar to what was designated in PD - 191, following the rezoning out of the PD. The applicant expressed no opposition to a park dedication agreement. P&Z made a motion for approval of the rezoning, with a separate recommendation that staff look into the possibility of taking a park dedication agreement to Council with the rezoning, provided that such an agreement could be crafted without delaying the progress of the project. The motion was approved 6-0. Following the meeting, Planning staff held discussions with the Parks Department staff. It was determined that the rezoning stage is too early in the development process to craft a park dedication agreement for the property, prior to platting. More information about the future development of the site, and about the exact acreage and location of the land to be dedicated, and analysis of that land, would be needed than is available at this stage. Moreover, the park dedication ordinance specifically states that dedication take place at Final Plat. Based on this research, staff recommends that the rezoning proceed, and that park dedication, which is the expressed goal of the applicant, be formally addressed at the time of platting for this property. OPTIONS 1. Recommend Approval 2. Recommend Approval Subject to Conditions. 3. Recommend Denial 4. Postpone Item RECOMMENDATION Staff recommends approval of the request as it complies with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.2.1) of the DDC for approval of a zoning change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request I Action 2000 City Council Approval of PD -191 1 Approval 441 2002 City Council Approval of rezoning for 3.92 -acre property from PD to EC -I Approval 2011 Planning & Zoning Approval of Approval Commission Preliminary Plat for PD -191 property (since expired) 2021 Planning & Zoning Approval of rezoning Recommend Approval Commission of entire property from PD and LI to MN, GO, and LI. PUBLIC OUTREACH: Forty-five notices were sent to property owners within 200 feet of the subject property. 191 courtesy notices were sent to resident and utility customer addresses within 500 feet of the subject property. As of the writing of this report, one property owner response in opposition has been received and is included in Exhibit 9. A notice was published in the Denton Record Chronicle on July 17, 2021. A notice was published on the City's website on July 14, 2021. Seven signs were posted on the property on June 11, 2021. The applicant held a neighborhood meeting on May 13, 2021, which was attended by two residents. Notes from that meeting are included in Exhibit 8. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact disclosures have been provided to staff from members of this body as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. PD 191 Area Map 8. Use and Landscape -Tree Canopy Comparison 9. Notification Response Packet 10. Presentation 11. Draft Ordinance Respectfully submitted: Hayley Zagurski, AICP Interim Planning Director Prepared by: Sean Jacobson Associate Planner CE,ya Planning Staff Analysis Z21-0002/Prominence Square City Council District #2 REQUEST: Rezone approximately 24.93 acres from Planned Development (PD) District and Light Industrial (LI) District to General Office (GO) District, and approximately 23.47 acres from Planned Development (PD) District to Mixed -Use Neighborhood (MN) District, and approximately 9.7 acres from Planned Development (PD) District to Light Industrial (LI) District, totaling approximately 58.55 acres. STAFF RECOMMENDATION: Staff recommends approval of the request as it complies with the criteria in Section 2.7.2.D and 2.4.5.E.3.b of the Denton Development Code (DDC) for approval of a zoning change. SITE DATA: The approximately 58.55 -acre site, divided between a 54.63 -acre property owned by JNJ Prominence Square LP and a 3.92 -acre property owned by Danny Johnson, a partner with the owners of the larger property, is located on the southeast corner of the intersection of University Drive and Loop 288, extending south to Prominence Parkway and a line marked by the old location of Audra Lane, while much of the eastern part of the property is within floodplain. The southeast boundary of the property extends to Mayhill Road. Commercial properties are to the northeast of the site, primarily undeveloped properties are to the east, with a large -lot single family home, while a single-family neighborhood is located to the south across Prominence Parkway. Along the northeast half of the site, there is approximately 26.9 acres of FEMA floodplain and extensive potential Floodplain, Riparian, and Water -Related Habitat Environmentally Sensitive Area around Cooper Creek (See Figures 1-2 below). Trees are primarily located in the east, north - central, and northeast portions of the site, along with extensive trees along Prominence Drive. 443 SURROUNDING ZONING AND USES: Northwest: North: Northeast: Zoning: GO Zoning: Light Industrial (LI) Zoning: Light Industrial Use: Automotive Repair Use: Undeveloped and Use: Undeveloped and Commercial Automotive Repair and Fuel Commercial Commercial West: East: Zoning: Suburban Corridor Zoning: Light Industrial and (SC) and Mixed -Use SUBJECT PROPERTY R2 Neighborhood (MN) Use: Undeveloped, Single - Use: Undeveloped and JFamily Residential, Commercial Warehouse Commercial Southwest: South: Southeast: Zoning: Master Planned Zoning: Public Facility (PF) Zoning: R1 district and ETJ Community and Residential 6 (R6) Use: Single -Family Use: Undeveloped Use: Parks Residential and Agricultural CONSIDERATIONS: A. Section 2.4.5.E of the DDC provides approval criteria applicable to all applications. 1. General Criteria a. Unless otherwise specified in this DDC, City review and decision-making bodies must review all development applications submitted pursuant to this subchapter for compliance with the general review criteria stated below. The review criteria were applied as required. b. The application may also be subject to additional review criteria specific to the type of application, as set forth in sections 2.5 through 2.9. Section 2.7.2.1) of the DDC applies to this rezoning request. An analysis of this request per those criteria can be found below in Consideration B. c. If there is a conflict between the general review criteria in this section and the specific review criteria in sections 2.5 through 2.9, the applicable review criteria in sections 2.5 through 2.9 controls. There are no conflicts between the general criteria and the criteria specific for zoning requests. 2. Prior Approvals The larger approximately 54.63 -acre property, owned by JNJ Prominence Square LP, was originally rezoned from Agricultural, General Retail, and Single Family (SF -7) zoning to Planned Development as part of PD -191, which was approved by City Council in 2000. The original Concept Plan, approved under the Interim Development Code in place prior to adoption of the 2002 DDC, divided the subject property into four areas (A, B, C, and E), each of which could be developed with a different mix of potential uses. In addition, approximately 18 acres, mostly in floodplain, was proposed to be dedicated to the city as a park in the future. The previous PD zoning also vested the property in outdated development and landscape codes; the proposed rezoning would eliminate that vesting and require future site development to meet all DDC standards. 444 The smaller approximately 3.92 -acre property owned by Henry Rife, a partner with the owners of the larger tract also proposed to be rezoned, was previously also part of the original PD 191. It was zoned out of the PD in 2002 to an Employment Center - Commercial zoning, and then transitioned to Light Industrial (LI) with the 2019 citywide rezoning. It is now proposed to be rezoned to GO to align with the proposed rezoning to GO of the PD property adjacent to it, so that these areas can be developed together with similar uses and be held to the same design standards. The proposed zoning change would maintain a similar mix of uses to what was authorized under PD -191. Reference Exhibit 8 for additional details regarding permitted uses. 3. Consistent with the Comprehensive Plan and Other Applicable Plans The decision—making authority: a. Shall weigh competing goals, policies, and strategies. There are no competing goals, policies, or strategies with this proposal. b. May approve an application that furthers the overall goals of the Comprehensive Plan even if the development does not match the future land use designation in the Comprehensive Plan. The future land use designation for the subject property is primarily Business Innovation; however, the property is also located in a transitional zone on the Future Land Use Map, with Moderate Density Residential land use along the southern portion of the property, and Neighborhood Residential Mixed -Use in the southwest corner of the site. Business Innovation is intended for large tracts of land that can be developed with a mix of uses, including large offices and employment parks, and supporting residential and retail uses. Generous open space is encouraged to promote visual quality and compatibility with the surrounding area. The goal is to provide a mix of uses, including employment and retail and services, in close proximity to residential areas. In addition, publicly accessible parks and greenways are encouraged. The General Office, Mixed -Use Neighborhood, and Light Industrial zonings that are proposed for the site would all permit the mix of office, retail, and service uses that the Business Innovation future land use calls for. General Office, which is particularly appropriate for the Business Innovation land use, is proposed for the largest proportion of the site that is within that future land use. The area proposed to be zoned Mixed -Use Neighborhood could also be developed with supporting moderate -to -high density residential uses to support the viability of the future commercial areas of the site. The applicant is in discussion with the Parks department to donate a large portion of the 20+ acres of floodplain on the site for city parkland, which would meet the Business Innovation goal that parks and open spaces be provided adjacent to the commercial and residential development. 445 The Moderate Density future land use area is intended for a mix of denser residential development, including small -lot single family, townhomes, and multifamily developments. It is intended to be adjacent to existing residential development, and to promote walkability by locating residential in close proximity to neighborhood -serving retail and parks. The proposed Mixed -Use Neighborhood zoning would enable these types of residential development to be provided adjacent to and within walking distance of the future commercial areas that could develop on this site to the north and west, as well as adjacent to the potential future park. The MN zoning would also help to buffer the existing residential subdivisions located south of Prominence Parkway from the potential future commercial areas. The current PD would permit a similar mix of uses to develop, but under the PD development of the site would be vested in a mix of standards from multiple previous development codes dating back to 2000 and before, or standards set by the PD itself, and would not be required to meet the current DDC standards for landscape, tree canopy, open space, building design, tree preservation, and Environmentally Sensitive Area (ESA).Because the PD pre -dated the adoption of the City's ESA regulations, there would be no ESA protection beyond standard floodplain protections under the PD. The proposed rezoning would ensure that the subject property would be required to comply with all of the most current environmental standards of the Denton Development Code, as well as the other current DDC standards, all of which better reflect the intent of our Denton Plan 2030 and are better designed to ensure a high- quality development and compatibility with the surrounding neighborhood. In addition, this would help to further Denton Plan 2030 Section 5 policies related to protecting Environmentally Sensitive Areas and protecting and increasing tree canopy. Finally, by enabling future development of a DDC -compliant mix of commercial and residential uses at the intersection of two key corridors, University Drive and Loop 288, the proposed rezoning would further the Denton Plan 2030 Preferred Growth Concept, which encourages compact growth oriented around mixed-use centers at primary intersections and along key corridors. Therefore, the proposed rezoning would further the overall goals of the Comprehensive Plan. 4. Compliance with this DDC a. The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. This request is for a rezoning of the subject site. All subsequent development on this site will comply with applicable standards in the DDC, including, but not limited to, minimum lot size and dimensions, building coverage, access, parking, tree preservation, and landscaping. b. Compliance with these standards is applied at the level of detail required for the subject submittal. If the proposed rezoning is approved, prior to development, a detailed review will accompany all required plat, engineering plan, tree preservation, and building permit submittals. 5. Compliance with Other Applicable Regulations 446 This proposed rezoning complies with all other applicable regulations. 6. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts The request is to rezone most of the property out of the current Planned Development, as well as rezoning a Light Industrial -zoned property to a General Office zoning. There are significant FEMA floodplain and Environmentally Sensitive Areas affecting the subject property, as well as significant treed areas. As previously discussed, the property is currently vested in older codes that do not include our current protections for ESA and tree preservation. This proposed rezoning will enable the City of Denton to apply all of the most current DDC standards for environmental protection to future developments approved on this property. If the rezoning is approved, all future development approved on site will be reviewed to ensure compliance with all City of Denton standards for tree preservation and protection of ESAs, as well as compliance with floodplain regulations. Although certain limited disturbances are allowed in ESA area, any significant encroachments into the ESA would not be permitted unless the developer first applied for and received approval of an Alternate Environmentally Sensitive Area. Except where changes to the floodplain are permitted as part of a Letter of Map Revision (LOMR) previously -approved by FEMA, the floodplain will be required to be dedicated as a drainage easement at the platting of the property, and encroachment into or within fifteen feet of the floodplain will not be permitted. Therefore, no significant adverse environmental impacts area anticipated, and this rezoning is expected to enable better prevention of adverse environmental impacts than would be accomplished if development proceeded under the current PD. 8. Minimizes Adverse Impacts on surrounding Property Mitigation of potential traffic impacts, to the extent they can be estimated without knowledge of how the site will develop, would be addressed at the platting stage and is discussed further in the Transportation section below. Beyond that potential impact, the proposed rezoning out of the PD will require future development to follow all current DDC requirements, including new standards for right-of-way landscaping, street trees, buffers, and preservation of Environmentally Sensitive Areas, which are expected to better minimize potential adverse visual and noise impacts than current PD standards. 9. Minimizes Adverse Fiscal Impacts With the future development of the site, the developers will be responsible to pay all applicable water, wastewater, and roadway impact fees, and to construct or contribute to perimeter street improvements where required by the level of development. Water and sewer are available to this site, and the developer is currently constructing a sewer line extension to the site at their expense. Therefore, the proposed development is expected to minimize adverse fiscal impacts. 10. Compliance with Utility, Service, and Improvement Standards This proposed rezoning will not affect the necessity for this site to comply with utility, service, and improvement standards. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. 11. Provides Adequate Road Systems As part of the platting process, the development will propose the necessary internal roads for the site and will be responsible to construct them. Required perimeter street 447 improvements that may need to be constructed by the developer with future development of this site will also be determined through the platting process. 12. Provides Adequate Public Services and Facilities This proposed rezoning will not affect public services and facilities. When the site is platted, the new development must comply with all applicable standards to ensure adequate public services and facilities are available. 13. Rational Phasing Plan This proposed rezoning does not have a phasing plan. When the site develops, a rational phasing plan will be reviewed, if applicable. B. Section 2.7.2.1) of the DDC states that an application for a rezoning may be approved based on the following conditions: a. The proposed rezoning is consistent with the Comprehensive Plan. The subject site has primary Future Land Use designations of Business Innovation and Moderate Density Residential. While the current PD permits uses that would be consistent with these future land uses, it limits other uses that could also align well with these designations, including a greater variety of commercial and residential development types. The GO, MN, and LI districts would permit a similar but broader mix of uses that is consistent with the Future Land Use designations in the areas of the property where each district is proposed. More importantly, because the PD would enable development without strong tree preservation and ESA protection standards, and current landscape and tree canopy standards, it is not well -aligned with the Comprehensive Plan, including the Environmental Sustainability theme, the Urban Design Principle that "development should ... respect natural systems ... including tree canopy," Action 5.6.8 "enforce ... the ESA regulations in order to . .. preserve wildlife habitat and native landscapes," and Key Action 5.5 "Ensure the protection of Denton's tree canopy." Transitioning from the PD to the GO, MN, and LI base zonings would ensure that future development on the site will follow the current Development Code and thus be more consistent with the goals of the Comprehensive Plan, particularly in the realm of environmental protection. b. The proposed rezoning is consistent with relevant Small Area Plan(s). There is no small area plan approved for this site. c. The proposed rezoning is consistent with the purpose statement of the proposed zoning district, as provided in Subchapter 3, Zoning Districts. Per Section 3.5.1.A, "The GO district is intended to provide locations for a variety of workplaces and complementary uses. Principal uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the city that are in close proximity to commercial use areas and employment hubs." The requested GO district in this location is consistent with the purpose statement, as this prominent location at the intersection of two major roads is optimal for commercial development that will be in close proximity to future commercial development along University Drive and to the south on Loop 288. 448 Per DDC 3.3.1A, the Mixed -Use Neighborhood district "is provided to support compatibility between higher -intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicyclists and includes varying densities of residential, neighborhood -serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and form." The MN zoning is proposed in a location consistent with the purpose statement, as it would provide for a transitional buffer of residential and/or lower -intensity commercial uses between the higher -intensity commercial uses that would be permitted in the proposed GO zoning along Loop 288 and University Drive, and the single-family subdivision south of Prominence Drive. Per DDC 3.5.2A, the Light Industrial (LI) district "is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI district provides appropriate transitions to surrounding uses and lower -intensity districts, and is sensitive to the adjacent built and natural context." The LI zoning is proposed for property which is currently designed by the existing PD for light industrial uses, and which is surrounded primarily by properties zoned LI. The location on Mayhill Road, which has just been widened, should be beneficial for the development of light industrial uses. The floodplain that occupies much of the south of the property, as well as DDC buffer standards, will help to ensure appropriate transitions between any future light industrial uses and nearby lower -intensity uses. d. There have been or will be significant changes in the area to warrant a zoning change. While commercial and residential development is increasing along both the University Drive and Loop 288 corridors, no significant changes in this area directly relate to the requested zoning change. e. The intensity of development in the new zoning district is not expected to create significantly adverse impacts to surrounding properties or the neighborhood. The following impact analysis is based upon the intended use indicated by the applicant. Transportation related to the proposal Because no specific development is proposed for this site at this time, the potential traffic generation of this site is difficult to accurately predict or analyze. Moreover, much of the traffic that may be generated would also be generated were the property to develop under the existing Planned Development. However, a detailed Transportation Impact Analysis (TIA) was conducted for this project by a third - party engineer and approved by the City of Denton Transportation Engineering Department. The TIA used estimates based on some of the more traffic -intensive uses which could develop on the site; the actual trip generation could be 449 significantly lower depending on how the site develops. The TIA was based on a two-phase development scenario, with the area proposed for MN zoning expected to develop by 2024, and the GO and LI area expected to develop by 2026. The TIA estimates that when fully developed this site could generate 7,565 daily trips, with an AM peak of 446 trips, and a PM peak of 678 trips. At the request of the City of Denton, the TIA examined the potential impact of this site on 14 surrounding intersections, with a particular focus on 10 intersections. Intersections are graded with a letter grade based upon the amount of delay: Level of Service (LOS) "A" is the best condition (delay of 10 seconds or less) and LOS "F" is the worst condition (delay greater than 50 seconds in an unsignalized intersection or 80 seconds at signalized intersections). By 2029, five years from the anticipated completion of first phase of site development, 7 of the 10 intersections are all expected to operate at an overall Level of Service (LOS) of D or better. The remaining four intersections that are currently at a Level of Service below D, or are expected to dip below that LOS, are discussed below: • The intersection of Prominence and Loop 288: o The intersection is already operating at a Level of Service (LOS) E or F, based on existing traffic, for a number of turning types, including left turns from Prominence onto Loop 288 in the AM and PM peak hours, and turning left onto Prominence from 288 in the PM peak hours. o Traffic from future development of this site, as well as traffic from other growth in the area, would be projected to add to the delays at this intersection, including lowering the LOS for right turns onto Prominence to an LOS of F in PM peak hours, and northbound u - turns to a LOS of E in PM peak hours. o The long-term recommended solution is a future traffic signal at this intersection, which would be expected to bring the overall intersection up to a Level of Service C. See discussion below of the recommended future signal. • University Drive at Spring Valley/QuikTrip: o The intersection currently operates at an LOS of E or F for left and right turns onto University Drive in the AM and PM peak hours, and delays are expected to increase with the estimated traffic from this site and growth in the area. However, this issue would be addressed by TXDOT's expected extension of the median to completely eliminate those turning movements. o Left turns from University Drive onto the site's proposed shared driveway with Quick Trip are anticipated to operate at a LOS F in the PM peak hours; the actual overall delay during peak hours would be approximately a minute. o Left turns from University Drive onto Spring Valley currently operate at a LOS of E in the AM peak hours and D in the PM peak hours; the anticipated traffic from the site, along with overall growth in the area, would increase delays, but only by 26 seconds in the AM peak hours and 12 seconds in the PM peak hours, by 2029. • Audra Lane onto Loop 288 450 o Right turns from Audra onto Loop 288 currently operate at a LOS E in the AM peak hours and C in the PM peak hours. The LOS is expected to decrease, due to growth in the area and traffic generated by this site, to a LOS F in the AM peak hours and E in the PM peak hours, by 2029. However, TXDOT and the City are looking at realigning Audra Lane with Prominence Parkway in the future and, at that time, the TIA recommends a traffic signal, which would, as noted above, improve the overall intersection to a LOS C. This future signalization is discussed further below. • Proposed driveway off Loop 288 Frontage Road to subject site o The proposed driveway from the Loop 288 Frontage Road to the subject site, in the area proposed for GO zoning, would require TXDOT approval. If approved, it is anticipated to operate at a LOS F during PM peak hours. To mitigate this issue, the TIA recommends that the City of Denton and TXDOT consider approving two driveways off of the Frontage Road. See below for discussion of the proposed second driveway. Overall, the TIA determined that while operations at these intersections will worsen over time, the actual contributions of traffic from the potential future development of this site to that worsening are small compared to the greater contributions of the current traffic and traffic from other expected growth in the area independent of this site. However, the following mitigations are recommended, which would be addressed in more detail through the platting process for this site, based on how the site actually develops. The TIA determined that traffic volumes would meet TXDOT standards to justify right -turn deceleration lanes at the intersection of Loop 288 and University, and at the QuikTrip Driveway on University. Such a lane was not recommended at the QuikTrip Driveway due to road width constraints caused by the Cooper Creek Bridge, but was recommended on the Loop 288 frontage road. The responsibility of the subject site to construct, or to contribute to construction of such a deceleration lane on the Loop 288 frontage road, would be determined as part of the platting process for this site. In the long term, the City of Denton and TXDOT are looking at realignment of Audra Lane with Prominence Parkway at the intersection with Loop 288. The TIA indicates that a traffic signal would be strongly recommended at the time of this realignment, if not sooner. A signal would improve the level of service for all turning movements at Prominence and Loop 288, as well as addressing issues with the intersection of Audra Lane and Loop 288. A full analysis of whether and when the intersection would meet TXDOT's standards for justifying a signal installation would need to be conducted, and could occur when the site develops in the future. The TIA proportionality study indicates that the subject site may be responsible for 25% of the cost of a future signal. A more detailed proportionality assessment and any cost -participation agreements would be completed during the platting and civil engineering phase of development once a specific development is proposed for the site. It is recommended that the City of Denton and TXDOT consider approval of two driveways off of Loop 288 onto the area of the site proposed to be zoned GO, instead of just a single driveway. The TIA shows that the second driveway would operate at a LOS D and would reduce delay on the first driveway, by the 2029 451 horizon, from 2.6 minutes with only one driveway to 36 seconds with two driveways. The approval of one or more driveways would be addressed during the process of platting the property. Roadway Impact Fees Roadway impact fees, paid at the time of development, are determined using a proportionality calculation based on the number of dwelling units and projected vehicle trips. These fees are used to make roadway system improvements related to the Mobility Plan and are calculated based on the current roadway impact fee schedule. These impact fees will be calculated when development is proposed for this site and will be assessed at final plat. Access and Perimeter Street Improvements The responsibility of the site to construct or contribute to improvements or additions to surrounding perimeter streets will be addressed through the platting process for this site. f. Public facilities and services are available to adequately serve the subject property while maintaining adequate level of service to existing development. Water and Wastewater Public water is available to the site along Prominence Parkway and along Loop 288; public wastewater is available along Loop 288, and the property owner is in the process of constructing an additional wastewater connection for the southern part of the site. Water and wastewater tap and impact fees will be based upon the intensity of the development and are required to be paid during permitting. Parks Currently, the nearest park to the subject property would be Pebblebrook Park, located approximately 1.3 miles south on Loop 288. However, the property owner is in discussion with the Parks Department to donate approximately 18 acres of this property as park land, which would be publicly accessible via connection to City - owned property on Prominence Parkway. This future parkland would be expected to be within 10 -minute walking distance for future development on this site. Additionally, in order to provide for adequate parks and park facilities, all residential developments must provide the following: • Dedicated park land or fees paid in lieu of dedication. Park Dedication Ordinance 98-039 applies to residential developments of five or more dwelling units. Dedication fees are assessed prior to the filing of the plat, but the obligation would likely be met land dedication. • Park development fee. The current park development fee of $291.00 for each single-family dwelling is required with every building permit. The total for the proposed development would be assessed at building permit as the site develops. Schools As there are no current plans submitted for the development of the site, any future generation of students is unknown at this time. 452 Nearest Fire Station The subject property is approximately 1.3 miles from Fire Station 42, within the eight minutes or less response time boundary. g. There was an error in establishing the current zoning district. There was not an error in the assignment of the current zoning district. 3. The applicant held a neighborhood meeting on May 13, 2021 which was attended by two community members. Community members stated that they were reassured by the General Office (GO) zoning proposed along Loop 288 and University Drive, and expressed concern about multifamily development increasing traffic along Prominence Parkway. They also expressed concerns about increasing traffic in the right-hand turn lane off Loop 288 and the difficulty of turning left from Prominence Parkway onto Loop 288. 453 Z21-0002 Site Location u9'.a, +try , e' �---'GT1a�f„� P °' !• IMe'�;.i�� m O r ��f�C•' � t�v� i r O NotI '":f �. t • /.. , 'a'��.f r OUR .1 to 't" IP'I��r��eP• � � � .*,G . ,- f 'sr r,: � � � _ >o- SIE art ar' ° ... 9 ■ C�.� . � _ �® I� ' ,< �. ,. R 0 ,:ti p•1� d aw �« • r, t, 1_rl>'� � � ����' ,.� :• @. y1 •1 r _ Pv ! _ alar 16. -�. r d Vie. ...rl.29&i - . , D A. T ■ .. _ � as din Mw ��y. Rl� ,v •■ .'..T®� IS the q,, r r '4. VIII, r _•'> � Mwllm -Jnra4 r.S� r. I . 0 yM u ° �� IiP Ate. ,mow, i1 R' .,,gc 1 1 ■ ■ _ O 0 6NR E�I4�ri. � ■ ■■■ ■A■ RI .• �^" .r pp•� _ . IP ✓P. fiT 99 2/A& r'A O tl r'r�er lr I. II_ --#.— �' 4111141;1 r r .. •���� Fi�o ►•> o fro®9iiC r. / t �:�*>. .�^ t -�'c�� r m1e�7 a■rov.: v.i'' r ° �a .. ^va.I� ow N 0 385 770 1,540 Feet SITE COD «'571S Parcels ETJ 'a a `O �L� IF 46 77 NAA 8/1/20 DENTON Roads nye Development Services •GIS ji Date: 4I1I2021 454 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve ing purposes but rather for reference purposes. These maps are th , of the Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every a or produce and publish t ie most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z21-0002 Current Zoning Map DUNES � p �/NO Z= SOR EMQ�RE o STRONG 3 eGR ��W' . 20,E Z MILL POlyp, � Q EMERSON N FOXCROFT � �' CHEBI W m Q N 'AXiTiON RUGBY LL � V WAY MISTYWOOD M\NGO x } xO •TWILIGHT Q to z • > P � O Z �OG�CTON S WICKER MN (S) BRANDYWINE OQ OAKS HI RE V z �`m w � � a Q � AUDRA TERRY w • BEVERLY Q m ANYSA HOWARD pip Q NEWPORT LANCE ARKo Q PENNIMAN R CHRISTOPHER BARNES DANA PAISLEY Y � O WE W�TON m x C7 w � z w x S O N m �EFir� O MONTCLAIR SITE Parcels Roads ie City of Denton has prepared map Cit of Denton and have been me plieare provided for the data here I VA il PF �� TRENTON MADISON SPRINGF AND Z,,% R'4 a J J x a P RUSSELL NPU -N W D m SC (S) RR- Residential Rural MN - Mixed -Use Neighborhood - HI - Heavy Industrial R1 :Residential - MD - Mixed -Use Downtown Core - PF -Public Facilities R2 - Residential - MR - Mixed -Use Regional - PD - Planned Development R3 - Residential - HC - Highway Corridor - MPC R4 - Residential - SC - Suburban Corridor - OVERLAY - R6 - Residential GO - General Office - R7 - Residential LI - Light Industrial n, its use, or FISHTRAP 0 385 770 1,540 i@ Feet S 3 a .O CfTY OF DENTON ➢ESc+ .c ° Development Services • GIS Date: 41112021 or surve ing purposes but rather for reference purposes. These maps are th 455 publish tie most current and accurate information possible. No warranties, expressed LU J c„i MISTYWOOD GO( GO MN (S) SC D � � n. = MN o = _ G.LA=Atil.1 PF Z21-0002 Proposed Zoning Map M`NMo I PROMINENCE LI pR�JP Nil SITE RR - Residential Rural MN - Mixed -Use Neighborhood - HI - Heavy Industrial v i. I 0 205 410 820 Feet R1 - Residential - MD - Mixed -Use Downtown Core - PF -Public Facilities 5 3 Q R2 - Residential - MR - Mixed -Use Regional - PD - Planned Development a Parcels R3 - Residential - HC - Highway Corridor - MPC .� ❑ l _ R4 - Residential - SC - Suburban Corridor _ OVERLAY OF - R6 - Resident GO -General Office _ •s' DENTONial Roads - R7 -Residential - LI -Light Industrial �E9A Development Services • GIS Date: 71612021 456 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve ing purposes but rather for reference purposes. These maps are th , of the Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every eIf rtgo produce and publish t ie most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. 0 0 0 *PaE ffn�y-�y��7�p��� '` 1A/ 0 0 0 o 0 0 0 D , Community FrIQ Mixed Use 0 Z21-0002 Future Land Use Map Rural Areas I Moderate Residential _ rt Q SITE Future Land Use Neighborhood Mixed Use ,,���,,v M A 1, l�/IIs I 0 385 770 1,540 Fe10f Parcels Rural Areas Roads Low Residential Business Innovation - Government/ Institutional a e ..❑ Ij ctTr Moderate Residential Parks / Open Space OF DENTON Community Mixed Use ➢PSc Development Services • GIS Date: 41112021 ���the The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or surve ing purposes but rather for reference purposes. These maps are th Cit of Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every effort�o produce and publish tie most current and accurate information possible. No warranties, expressed implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. 458 8 s Ww 0 O 458 Comparison of Key Uses Allowed By Right PD - Area A PD - Area B GO PD - Area C MN PD - Area E LI Office Office Office Office Office Office Office Retail Retail Retail Retail Retail Retail Retail Bakery Bakery Food Processing Bakery Food Processing Bakery Food Processing (Less than 2,500 sf) Laundry, Self- Laundry, Self- Laundry, Self- Laundry, Self- Laundry, Self- Laundry, Self- Laundry, Self - Service Service Service Service Service Service Service Private Club Private Club Club or Lodge Private Club Private Club Private Club Club or Lodge Beer/Wine Store Beer/Wine Store Bar, Tavern, or Beer/Wine Store Hotel Beer/Wine Bar, Tavern, or Lounge Store Lounge Art Studio Art Studio Music Studio Art Studio Music Studio Art Studio Music Studio School, Business School, Business Business or Trade School, Business or Private, Business School, Private School, Business or Trade or Trade School Trade or Trade School or Public or or Trade Trade or Business Theater Theater Bank or Financial Theater Bank or Theater Medical Clinic Institution Financial Institution Restaurant Restaurant Restaurant Restaurant Restaurant Restaurant Restaurant Personal Service Personal Service Personal Services Personal Service Personal Animal Pound Kennel Shop Shop Shop Services Motel Motel Single -Family Townhomes Tools or Trailer Building Attached Rental Materials and (Townhomes) Supply Store Hotel Hotel Single -Family Single -Family Single -Family Medical Office Detached Detached Detached 459 460 Low -Impact Duplex Light Low -Impact Manufacturing Manufacturing Manufacturing or Industrial Uses which meet Performance Standards Artisan Triplex Milk Depot, Craft Alcohol Manufacturing Dairy, or Ice Production Cream Plant Craft Alcohol Fourplex Paint Shop Personal Production Services, General Veterinary Clinic Multifamily Petroleum Artisan Products Manufacturing Storage — Wholesale Auto Wash Veterinary Clinic Scientific or Bank or Research Financial Laboratories Institution Automotive Fuel Medical Office Cleaning and Sales Dying Plant Automotive Repair Day Care, Adult Outdoor Sales Shop, Minor or Child of Furniture or Appliances Self -Service Storage Outdoor Storage or Sales Self -Service Recreation Warehouse Storage Warehouse and Indoor Trailer Rental or Warehouse and Wholesale Facility Recreation Sales Wholesale Facility Printing, Copying, Artisan Wholesale and Publishing Manufacturing Office and Establishment Sample Room 460 Comparison of Landscape and Tree Canopy Requirements: 461 Credit Access Elderly Housing Mixing and Sale Business of Concrete Medical Office Hotel or Motel Hotel or Motel Medical Clinic Hospital Day Care, Adult or Day Nursery or Day Care, Adult Child Kindergarten or Child Outdoor Recreation Outdoor Outdoor Recreation uses Recreation Indoor Recreation Indoor Indoor Recreation uses Recreation Funeral and Stable Veterinary Clinic Internment Facility Elderly Housing Freight Terminal Auto Laundry Auto Wash Heavy Automotive Machinery Sales Repair Shop, and Storage Major or Minor Gas Station Automotive Fuel Sales Credit Access Business Commercial Printing, Printing Copying, and Publishing Establishment Greenhouse Urban Farm Funeral Home Funeral or Internment Facility Commercial Laundry Facility, Laundry Plant Industrial Comparison of Landscape and Tree Canopy Requirements: 461 PD GO LI MN Landscape Area 20% 20% 15% 20% Tree Canopy Area None 30% 20% 40% (except Single - Family Detached uses — 15 trees per acre) 462 � � , . I I � • a �f ^ F,� — T Z21-0002 v I Notification Response Map ^x1V 4 e x j. U w1\ Pf S � � , . I I � • a �f ^ F,� — T ;`� If ` \N Irk SITE COD In Favor v I I_ -�. o O 0 120 240 480 Feet f e x j. U w1\ Pf S Parcels ETJ Neutral 4141. f AL2 Ali I air 6i Afi „ ' 6 ;`� If ` \N Irk SITE COD In Favor v I 0 120 240 480 Feet f e x j. U w1\ Pf S Parcels ETJ Neutral 4141. f AL2 Ali I air *oF Roads NAA 8/1/20 M Opposed �A DENTON . j 4 ;`� If ` \N Irk SITE COD In Favor v I 0 120 240 480 Feet e S Parcels ETJ Neutral AL2 Ali I air *oF Roads NAA 8/1/20 M Opposed �A DENTON Development Services •GIS Date: 71612021 463 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for le al, engineering or au rve ing purposes but rather for reference purposes. These maps are th , of Ireof Denton and have been made avai able to the public based on the Public Information Act. The City of, Denton makes every effort�0 produce and ort ie most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. a d dra CA 4W L .a q.i Z. U E � � � Ia+ 3 � Q7 CI] � � n � Q � � D = 0 v v � � 4 10 CL o a O co ucac c ° u a 1 1 c, � crn ° u 1 w v � S1 i. N � O v oa cc � C lo- ❑ C N om ro EA,� a a d dra CA 4W L .a q.i Z. U E PUBLIC HEARING NOTIFICATION SIGN AFFIDAVIT OF SIGN POSTING Project No. Z21-0002 Date of Planning and Zoning Commission Meeting: To Be Determined I hereby certify that I have posted or caused to be posted Public Hearing Notification sign(s) on the property subject to Project Name/Number Prominence Square / Z21-0002 located at 1400 N. Loop 288 Said sign(s) have been obtained through a sign contractor of choice and meet the specifications as stated in the City of Denton Public Hearing Sign Criteria Sheet. Posting of said signs was accomplished on June 11 , 20 21 Said signs have been posted in a manner which provides an unobstructed view and which allows clear reading from the public right(s)of-way along Loop 288 / Hwy 380 / Prominence Pkwy / Mayhill Rd. . Said signs will be maintained on the property throughout the entire public hearing process and will be removed within three (3) calendar days subsequent to the final decision by the approving body. I further certify that this affidavit was filed with the Planning Department of the City of Denton within the time provisions specified in the City of Denton Public Hearing Sign Criteria Sheet. Executed this the 14 day of June Signatu a of Applicant or Authorized Representative for Project No. 2021 . Z21-0002 Printed Name of Applicant or Authorized Representative for Project No. Z21-0002 STATE OF TEXAS COUNTY OF Denton BEFORE ME, a Notary Public, on this 14 day personally appeared Lee Allison (printed owner's name) the above signed, who, under oath, stated the following: "I hereby certify that 1 am the owner, for the purposes of this application; that all information submitted herein is true and correct" SUBSCRIBED AND SWORN TO before me, this the 14 day of June 20 21 yP X41. DEBORAH FARMER 1'..•• :fid i �: Notary Public, State of Texas ID 124598426 Notary Signature PLEASE NOTE: Failure to post the notification sign(s) on the property by the close of business (S pm) on the tenth (10") day prior to the first public hearing shall result in the postponement of consideration by the Board or Commission. STAFF USE ONLY: Date/Time submitted: Verified by: