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HomeMy WebLinkAbout2022-02-01 Agenda and BackupCity of Denton Meeting Agenda City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com City Council Council Chambers & Council Work Session Room 2:00 PMTuesday, February 1, 2022 WORK SESSION BEGINS AT 2:00 P.M. IN THE COUNCIL CHAMBERS REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS CLOSED MEETING BEGINS IMMEDIATELY FOLLOWING THE WORK SESSION IN THE COUNCIL WORK SESSION ROOM REGISTRATION GUIDELINES FOR ADDRESSING THE CITY COUNCIL Citizens are 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.): • eComment – On January 28, 2022, the agenda was posted online at www.cityofdenton.com/publicmeetings. Once the agenda is posted, a link to make virtual comments using the eComment module will be made available next to the meeting listing on the Upcoming Events Calendar. Within eComment, 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 ability to make an eComment will be closed. Similar to when a citizen submits a white card to indicate their position on an item, the eComments will be sent directly to members of the City Council immediately upon entry into the module 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 2/8/2022 1 February 1, 2022City Council Meeting Agenda • 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, February 1, 2022, 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 Receive a report, hold a discussion, and give staff direction regarding Audit Project 014 - Facilities Maintenance: Follow-Up Review. [Estimated Presentation/Discussion Time: 30 minutes] ID 21-2780A. Receive a report, hold a discussion, and give staff direction regarding tax exemptions for tax year 2022. [Estimated Presentation/Discussion Time: 1 hour] ID 21-2155B. Receive a report, hold a discussion, and give staff direction regarding the proposed Street Sign Topper Program for the City of Denton. [Estimated Presentation/Discussion Time: 1 hour] ID 21-2480C. Receive a report, hold a discussion, and give staff direction regarding the City of Denton Inclement Weather Policy [Estimated Presentation/Discussion Time: 1 hour] ID 22-190D. Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1)Allocating the requisite amount of time to conduct a feasibility study for driver feedback signs. [Estimated Presentation/Discussion Time: 30 minutes] ID 22-050E. Page 2 Printed on 2/8/2022 2 February 1, 2022City Council Meeting Agenda Following the completion of the Work Session, the City Council will convene in a Closed Meeting in the Council Work Session Room 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: Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys and discuss possible litigation for non-payment of franchise fees under the Texas Video Service Providers Act, Texas Utilities Code Chapter 66, where a discussion of these legal matters in an open meeting 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. ID 22-290A. 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. Following the Closed Meeting, the City Council will reconvene in Open Meeting to take action, if any, on matters discussed in closed session. _________________________________________________________________________________ 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. PROCLAMATIONS/PRESENTATIONS Recognition: Mayor’s Red Kettle ChallengeID 22-072A. 3. PRESENTATION FROM MEMBERS OF THE PUBLIC Page 3 Printed on 2/8/2022 3 February 1, 2022City Council Meeting Agenda 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. Mr. Timothy Warren regarding how the City of Denton is going to handle Eight-Liner Machines. ID 22-146a. Mr. Stephen Dillenburg follow up to comments made at previous meetings regarding general public welfare concerns. ID 22-273b. 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. 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. 4. 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 – M). 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. Consider adoption of an ordinance of the City of Denton establishing classifications and positions in the Denton Fire Department; creating and abolishing certain positions; repealing Ordinance No. 20-1345 relating to establishing the classifications and prescribing the number of positions in each classification for the Denton Fire Department; ID 22-187A. Page 4 Printed on 2/8/2022 4 February 1, 2022City Council Meeting Agenda providing repealer, cumulative, and severability clauses; and declaring effective date. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Mountain Cascade of Texas, LLC, for the construction of the Robson Ranch Force Main and Sewer Project with geographical limits as follows: intersection of Crawford Road and I-35W Frontage Road, running west for 14,000 linear feet to the lift station located on the northeast corner of the Robson Ranch property; providing for the expenditure of funds therefor; and providing an effective date (IFB 7364 - awarded to Mountain Cascade of Texas, LLC, in the not-to-exceed amount of $2,846,346.30). ID 22-080B. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 3 to the contract between the City of Denton and Thalle Construction Company, Inc., for the construction of the North South Phase II 36-inch/42-inch Water Transmission Line Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6901 - Change Order No. 3 in the not-to-exceed amount of $439,304.64, for a total contract award aggregated to $8,383,441.62). ID 22-183C. 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 contract between the City of Denton and Casco Industries, Inc., amending the contract approved by City Council on June 20, 2017, in the not-to-exceed amount of $600,000.00; said first amendment for the continued supply of turnout gear for structural firefighting for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6432 - providing for an additional first amendment expenditure amount not-to-exceed $150,000.00, with the total contract amount not-to-exceed $750,000.00). ID 22-184D. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager to perform Fuel Certainty and Cold Weather Operations analysis and recommendations for the Denton Energy Center; and providing an effective date (File 7804-001 - awarded to Black & Veatch Corporation, in the not-to-exceed amount of $135,000.00). ID 22-185E. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Home Depot U.S.A., Inc., through the Omnia Partners Cooperative Purchasing Network Contract # 16154 and 170009, for procurement fulfillment of Maintenance, Repair, Operating Supplies, Industrial Supplies, and Related Products for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 7931 - awarded to Home Depot U.S.A., Inc., in the not-to-exceed amount of $600,000.00). ID 22-191F. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified professional services list of state certified firms to provide landscape architectural services as needed for projects for the Parks and Recreation Department; and providing an effective date (RFQ 7850 - for two (2) years, with the option for one (1) additional one (1) year extension, in the total three (3) year term). ID 22-192G. Page 5 Printed on 2/8/2022 5 February 1, 2022City Council Meeting Agenda Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with SHI Government Solutions, Inc., through the Omnia Partners Cooperative Purchasing Network Contract # 2018011-02, for the procurement of the NEOGOV Full Suite for the Human Resources Department; providing for the expenditure of funds therefor; and providing an effective date (File 7937 - awarded to SHI Government Solutions, Inc., for one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not-to-exceed amount of $711,696.22). ID 22-217H. Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Matrix Design Group, Inc., amending the contract approved by City Council on January 5, 2021, in the not-to-exceed amount of $91,920.00; amended by Amendments 1 and 2 approved by Purchasing; said third amendment to provide additional professional services for the Development Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7416 - providing for an additional third amendment expenditure amount not-to-exceed $29,737.00, with the total contract amount not-to-exceed $144,637.00). ID 22-218I. Consider adoption of an ordinance of the City of Denton authorizing the City Manager to allow the Mountain Bike Trail Rental Agreement to be used as an agreement between the City of Denton Parks and Recreation Department and potential park rental groups for mountain bike events in the parks; and providing an effective date. ID 22-113J. Consider adoption of 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 design services for the TXDOT I-35 Aesthetic Package for the Parks and Recreation Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7599-007 - Professional Services Agreement for design services awarded to Kimley-Horn and Associates, Inc., in the not-to-exceed amount of $113,137.00). ID 22-265K. Consider approval of a resolution of the City of Denton authorizing the City Manager to enter into a Memorandum of Understanding for the Lewisville Lake Paddling Trail Collaboration Project with the City of Corinth, Town of Hickory Creek, City of Highland Village, City of Lewisville, Town of Little Elm, City of The Colony, and United States Army Corps of Engineers; and declaring an effective date. ID 22-162L. Consider adoption of an ordinance of the City of Denton, nunc pro tunc, correcting an inadvertent mistake in Ordinance No. Z21-0015a; providing for a savings clause and an effective date. (Z21-0015b, Miller Road) Z21-0015bM. 5. PUBLIC HEARINGS Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Planned Development Amendment for 12 acres out of Planned Development 139, generally located on the southeast corner of the Vintage Boulevard and I-35W Vintage Boulevard Ramp intersection, in the City of Denton, Denton County, PD21-0004bA. Page 6 Printed on 2/8/2022 6 February 1, 2022City Council Meeting Agenda 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 (7-0) to recommend approval of the request. (PD21-0004b, Vintage Multifamily, Julie Wyatt) 6. ITEMS FOR INDIVIDUAL CONSIDERATION Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Federal Emergency Management Agency (FEMA) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant in the amount of $3,731,676 to fund the salaries and benefits of 12 fulltime employees to staff Fire Station No. 9; and providing for an effective date. ID 22-198A. Consider approval of a resolution of the City of Denton supporting Generation Housing Partners, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Westview Heights at Denton Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-165B. Consider approval of a resolution of the City of Denton supporting Prudentia Development, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Torrington Fallmeadow Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-166C. Consider approval of a resolution of the City of Denton supporting TX Legacy Denton, LP’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the The Legacy in Denton Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-167D. Consider approval of a resolution of the City of Denton supporting NuRock Development Partners, Inc.’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Residences at Parkview to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-168E. Consider approval of a resolution of the City of Denton supporting Overland Property Group, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Reserves at Magnolia Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-169F. Consider approval of a resolution of the City of Denton supporting Overland Property Group, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Reserves at Monarch Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-170G. Page 7 Printed on 2/8/2022 7 February 1, 2022City Council Meeting Agenda Consider approval of a resolution of the City of Denton supporting Saigebrook Development, LLC and/or O-SDA Industries, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Zeisel Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. ID 22-171H. Consider adoption of an ordinance of the City of Denton approving three amendments to Natural Resources Conservation Service Watershed Agreements related to flood control, drainage, and improvements to add the Cole Ranch Improvement District No. 1 of Denton County, Texas as a local sponsor and a source of funding for future improvements for the Hickory Creek Watershed (Trinity River), Texas, Structures and Reservoirs 12 and 13 and other related matters; and providing an effective date. ID 22-270I. 7. CONCLUDING ITEMS 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. C E R T I F I C A T E 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 January 28, 2022, 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 2/8/2022 8 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 21-2780,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding Audit Project 014 - Facilities Maintenance: Follow-Up Review. [Estimated Presentation/Discussion Time: 30 minutes] City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™9 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Madison Rorschach DATE: February 1, 2022 SUBJECT Receive a report, hold a discussion, and give staff direction regarding Audit Project 014 – Facilities Maintenance: Follow-Up Review. BACKGROUND City of Denton Charter Article VI, Section 6.04 states, the City Internal Auditor is responsible for providing an independent appraisal of City operations as directed by the City Council. These audits are conducted in accordance with Generally Accepted Government Auditing Standards promulgated by the US Government Accountability Office as required by City Ordinance 18-2028. Per Government Auditing Standards, internal auditors should make audit reports available to the public and should communicate those results to the parties who can ensure that the results are given due consideration. In order to meet these Government Auditing Standards, the City of Denton’s Internal Audit Procedures Manual requires finalized audit reports to be presented to the City Council. Once presented, all published reports can be found on the City of Denton’s Internal Audit Webpage. DISCUSSION This follow-up review is intended to provide a progress update on recommendations from the Facilities Maintenance Audit originally issued in June 2020. The Facilities Maintenance audit project was intended to provide assurance that the City’s resources were being safeguarded and used effectively by evaluating the existence and adequacy of controls over facilities maintenance processes. RECOMMENDATION Staff recommends Audit Project 014 – Facilities Maintenance be closed until a second follow-up review is conducted. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 2, 2022 the Facilities Maintenance Audit was presented to the City Council and closed until follow- up review could be performed. This follow-up review was approved as part of the fiscal year 2021-22 Audit Plan adopted on October 12, 2021. EXHIBITS 1. Agenda Information Sheet 2. Follow-Up Review of the Facilities Maintenance Audit 3. Presentation City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 10 Respectfully submitted: Madison Rorschach, 940-349-7228 City Auditor 11 Office of the City Auditor Accountability  Transparency  Integrity  Quality 215 E. McKinney St., Denton, TX 76201  (940) 349-7228 Audit of Facilities Maintenance Follow-Up Review The Facilities Department has established a valuable tools inventory record; however, critical tracking procedures have not been formalized. The Department is also in the process of obtaining new work order and security access softwares that will enhance reporting and monitoring capabilities. Facilities has also updated departmental processes to ensure p- card transactions contain adequate supporting documentation. Audit Team City Auditor Madison Rorschach, CIA, CGAP Audit Staff Amber Jackson, MBA, CFE Andy Fernandezdelara 12 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 2 Table of Contents Follow-Up at a Glance ................................................................................................. 3 Introduction ................................................................................................................... 4 Management Responsibility ....................................................................................... 4 Audit Objectives, Scope, and Methodology ........................................................... 4 Recommendation Status Update ................................................................................ 6 Facilities’ Tools Are Vulnerable to Theft or Misuse .................................................... 6 Security Access Management Procedures Should be Formalized ....................... 7 New Work Order System Capabilities Should be Further Explored ........................ 9 P-Card Supporting Documentation is not Always Appropriately Maintained ... 10 13 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit report translations may be requested by emailing InternalAudit@CityofDenton.com. Follow-Up at a Glance Why we did this Follow-Up: This report is intended to provide information on what changes have been made in response to the Audit of Facilities Maintenance issued in June 2020. The original audit evaluated the Facilities Maintenance Division’s general operations, including maintenance functions and work order system reporting and monitoring. This follow-up review was included on the City’s fiscal year 2021-22 Annual Internal Audit Plan as approved by the City Council. What we Found: The Facilities Department has established a tool inventory record; however, critical tracking procedures covering tool acquisition and disposals, annual verification, and tool check out have not been established. Facilities has also coordinated with Human Resources and Technology Services to enhance processes related to facility access ID card creation and distribution, with plans to transfer software manager responsibilities to Technology Services in the future. Furthermore, Facilities is in the process of identifying and obtaining new software systems that adequately support City operational needs and departmental functions, including security access management and work order tracking and reporting. The status of each recommendation is summarized below: Recommendation Mgmt. Response Status 1. Create a record of tools and develop guidelines that address the tracking or purchased and disposed tools above the designated value. Concurred In Progress 2. Design a methodology to periodically verify that all recorded tool assets are on hand. Concurred In Progress 3. Formalize facility security access procedures. Concurred In Progress 4. Standardize security access change request documentation. Concurred In Progress 5. Investigate ways to more accurately report on the timeliness of work order completion in TMA. Concurred In Progress 6. Explore the reporting capabilities of TMA to improve the Division’s ability to identify equipment with repeat repair issues. Concurred In Progress 7. Ensure that p-card supporting documentation stored in Certify includes adequate detail. Concurred Implemented 14 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 4 Introduction The Internal Audit Department is responsible for providing: (a) an independent appraisal1 of City operations to ensure policies and procedures are in place and complied with, inclusive of purchasing and contracting; (b) information that is accurate and reliable; (c) assurance that assets are properly recorded and safeguarded; (d) assurance that risks are identified and minimized; and (e) assurance that resources are used economically and efficiently and that the City’s objectives are being achieved. The Internal Audit Department has completed a follow-up review of the Audit of Facilities Maintenance issued in June 2020. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. Management Responsibility City management is responsible for ensuring that resources are managed properly and used in compliance with laws and regulations; programs are achieving their objectives; and services are being provided efficiently, effectively, and economically. Audit Objectives, Scope, and Methodology This report is intended to provide a progress update on recommendations from the Audit of Facilities Maintenance (June 2020), which evaluated the Facilities Division general operations, including maintenance functions and work order system reporting and monitoring. Audit fieldwork was conducted during January 2022. The scope of review varied depending on the procedure being performed. The following list summarizes major procedures performed during this time: ➢ Reviewed documentation from the issued audit to develop criteria including industry standards, best practices, policies, and procedures; ➢ Interviewed Facilities Maintenance Division Staff; ➢ Reviewed Security Access Control Plan and budget documentation; 1 The City of Denton’s Internal Audit Department is considered structurally independent as defined by generally accepted government auditing standard 3.56. 15 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 5 ➢ Reviewed a statistical sample of 85 p-card transactions,2 including supporting documentation, as well as, all p-card transactions flagged for review by the City’s p-card monitoring vendor during July 2021 through December 2021 to ensure all purchases appeared to be appropriate, were properly approved, and contained adequate support;3 and ➢ Conducted a virtual inventory observation for all tool assets in the Department’s tool inventory. 2 This sample provides with 95% confidence that the true population is ±10% of the sample estimate. 3 As part of this review, 16 transactions were identified that were for Real Estate Division expenses, but were charged to the Facilities Department. Findings for these transactions were disclosed in a separate management letter, which may be reviewed upon request. 16 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 6 Recommendation Status Update This report summarizes the Audit of Facilities Maintenance’s recommendations, management responses, and the Internal Audit Department's follow-up findings, which describe to what extent City management has implemented Internal Audit's recommendations since the publication of the original report in June 2020. Facilities’ Tools Are Vulnerable to Theft or Misuse 1. Create a record of tools and develop guidelines that address the tracking or purchased and disposed tools above the designated value. These types of records typically include information such as the date of purchase, cost of the tool, description of the tool (including model or serial numbers), and location that the tool is stored. The tool record should be maintained by an employee who does not have access to tools or the authority for disposals or purchases. Management Response: Concur Management agrees and will be implementing an existing TMA Materials Management Module for tool tracking. This module includes inventory, track, and maintain records on expensive or critical tools, check-out and check-in tools to specific workers and tasks, schedule PM’s to check calibration, and maintain history of repairs on tools. While the audit was specific to tools, Management also recommends implementing parts and inventory tracking with the same TMA Materials Management Module. Audit Follow-Up Finding: In Progress According to Facilities personnel, the Department reviewed all tools stored on Facilities Technicians’ vehicles and in the Facilities warehouse. Based on the reviews, staff developed a process to record tool assets with values of $150 or greater. The Department has established a current tool inventory list that details the Make, Model, Description, Quantity, and Cost of each inventory item. As of January 2022, this inventory record contained 21 assets with a total value of $17,367. Based on a tool inventory observation, all 21 assets were observed by Internal Audit and were located within the Facilities Department’s Warehouse. Based on a review of procurement card purchases from January 2021 to December 2021 five tools were identified that were purchased for more than $150. These tools were not included on the inventory list. In addition, the Department has not developed guidelines for staff on how to record new tool acquisitions, tool disposals, or how to check-out the tool for usage. 17 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 7 2. Design a methodology to periodically verify that all recorded tool assets are on hand. Best practices suggest that all assets should be verified annually and that verification procedures should be performed without notice. Management Response: Concur As indicated in Management Response #1, the TMA Materials Management Module will be implemented immediately to adequately track department tool inventory. While the audit was specific to tools, Management also recommends implementing parts and inventory tracking with the same TMA Materials Management Module. Management will utilize TMA reporting features to conduct periodic tool and inventory checks. Audit Follow-Up Finding: In Progress The Facilities Division has established a process to complete an annual asset inventory during the second quarter of the year, simultaneously with the City’s annual budgeting process. The first annual inventory is expected to be completed during 2022. As detailed in Recommendation 1, the Department has established a record of all inventory items above the minimum dollar value threshold. According to Facilities personnel, the Facilities Manager and Facilities Supervisor will be responsible for completing the annual inventory; however, a documented Standard Operating Procedure has not yet been developed. Security Access Management Procedures Should be Formalized 3. Formalize facility security access procedures. Procedures should include information regarding what authority is required to make changes to security access levels including adding and removing users, changing or customizing access levels, and requesting access reports. Management Response: Concur Management agrees and is currently transitioning the security access request process to the TMA Work Order system. This system will centralize and ensure tracking and document retention for each request. While the Audit was specific for access cards, Management also recommends evaluating a centralized city-wide key management program for all city facilities. The currently used TMA software has a Key Management Module that can be added to ultimately facilitate this program if warranted. Management would anticipate a city-wide evaluation of implementing a key management program would be conducted in FY20- 21. 18 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 8 Audit Follow-Up Finding: In Progress The Facilities Division coordinated with the Human Resources and Technology Services Departments to establish a formal Access Control Model. This Model details the New Hire ID Card Process, Replacement ID Card Process, and distinguishes each division’s responsibilities related to access control and the request and authentication processes. Based on these procedures, the departments determined Technology Services would be the most operationally effective software manager and would eliminate duplicative data entry and streamline the process for employee ID distribution. The Facilities Administration Division uses a cloud-based software to centralize employee onboarding and ID card information that allows data to be automatically distributed to Facilities, Human Resources, and Technology Services to simplify the employee ID card and security access process. Additionally, the Facilities Administration Division contracted with a vendor to conduct an analysis of the City’s current security access controls, including software and hardware functions. Based on this vendor’s assessment, it was determined the current security access management software system was unable to support the City’s current and future operational needs. The vendor then recommended the City select a new software. Based on the external Security Assessment, Facilities coordinated with Technology Services to solicit an enterprise-level solution. As of January 2022, a new software solution has been identified and a security access control contract has been executed.4 Implementation of the new software is expected to begin in February 2022 with individual building conversions to continue through December 2022. Once the new software has been formally implemented, Technology Services will assume responsibility as the software administrator for the security access control function and Facilities will own the access control contractor relationship. According to Facilities personnel, security access change requests are planned to be managed through the new software. 4. Standardize security access change request documentation. Standardization can be achieved in several ways but should ensure that all documentation can be easily found and maintained. Standardizing 4 Funding for this new software was approved by the City Council in the FY 2021-2022 Facilities Capital Improvement Budget. 19 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 9 documentation should also allow for the development of a document retention policy. Management Response: Concur As indicated in Management Response #3, the TMA Work Order System will be implemented for security access change requests. The standardized process will include a completed Security Request Form as part of the Work Order request submittal. This form will include the necessary change details and Director’s approvals to make the requested access changes. The form will be attached to the Work Order, creating a tracking and document retention solution. Once changes are completed, the Work Order will be closed, and the requesting party notified that security changes have been completed. Audit Follow-Up Finding: In Progress As detailed in Recommendation 3, the Facilities Division is currently in the process of obtaining a new security access management software to support the City’s current and future operational needs. Once the software is implemented, Technology Services will assume responsibility as the software administrator and security access change requests are planned to be managed through the new software. Facilities will maintain the access control contractor relationship. During the temporary transition period, Facilities has established a shared Facilities email inbox to manage all security access change requests and approvals until the permanent process is implemented. Previously, security access change requests and approvals were informally processed and managed, and support documentation was not centrally retained. New Work Order System Capabilities Should be Further Explored 5. Investigate ways to more accurately report on the timeliness of work order completion in TMA. Management Response: Concur Management agrees and will be updating the reporting system to appropriately reflect when the technician completes the repairs and not when the work order is closeout after receipt of invoices. Audit Follow-Up Finding: In Progress According to the Facilities staff, during an on-site training session with the current work order software vendor, it was determined that the software was unable to perform as advertised – specifically with regards to work order tracking and reporting capabilities. For this reason, the Department is in the process of identifying a new asset management and work order 20 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 10 system to address their needs. Facilities is currently reviewing the asset management and work order systems currently being used by other City departments. In the interim, the Facilities Supervisor reviews the current work order software’s dashboard each day verify that past due tickets are due to vendor billing issues, and not due to pending action on the City-side of operations. This process is similar to the process occurring before the original audit. 6. Explore the reporting capabilities of TMA to improve the Division’s ability to identify equipment with repeat repair issues. Management Response: Concur Management agrees and will be training staff to utilizing the enhanced reporting capabilities within TMA. The TMA system is being setup to include monthly asset reports that will be reviewed during staff meeting to identify any equipment or assets that have numerous work orders. Audit Follow-Up Finding: In Progress As detailed in Recommendation 5, the Department is in the process of identifying a new asset management and work order software due to identifying inadequate work order tracking and reporting capabilities with the current software. In the interim, the Department is utilizing Facilities Technicians’ knowledge and experience to identify equipment that requires multiple repairs. Facilities also tracks the life expectancy of units by equipment serial numbers; however, this data must be manually reviewed within the current software. This process is similar to the process occurring before the original audit. P-Card Supporting Documentation is not Always Appropriately Maintained 7. Ensure that p-card supporting documentation stored in Certify includes adequate detail. To be considered detailed, supporting documentation should include an itemized list of what goods or services were provided, the prices of those commodities, the vendor who provided the commodities, and the date of purchase. Management Response: Concur Management believes that supporting documentation was included in the paperwork, however, attached PDFs may not have been in multiple page format in Certify resulting in the appearance of non-compliance. 21 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 11 Management has implemented new procedures that requires staff to ensure a line-item detailed invoice is uploaded, as well as instructing staff how to submit multiple page PDFs to further enhance documentation. Audit Follow-Up Finding: Implemented According to Facilities personnel, the Department’s printer and scanner functions were updated to capture all pages in multi-page documents, and staff were retrained to ensure all support documentation is attached to p-card transactions as appropriate. Based on review of a statistical sample selection of 85 p-card transactions for calendar year 2021, all purchases appeared appropriate and contained proper approvals; however, three purchases appeared to have inadequate supporting documentation attached in the City’s p- card transaction monitoring system. Specifically: ➢ One purchase totaled $832.24 but the invoice stated $808.00; ➢ One purchase totaled $429.71 but the invoice stated $420.00; and ➢ One purchase had an incorrect receipt attached in the City’s p- card transaction monitoring system. According to Facilities staff, the difference for the first two purchases listed totaling almost $34, appeared to be due to credit card processing fees that were not included in the original attached invoice, and the third transaction had the wrong receipt attached. Facilities was able to provide accurate documentation during the review for two of these transactions. The third receipt could not be located due to an employee separating from the City. Based on review of the Facilities Department’s p-card transaction monitoring reports, 18 of the Department’s 361 transactions between July and December 2021 were flagged and provided to management for review. Based on Internal Audit’s review, the supporting documentation of these transactions all appeared to be adequate, but data entry into the p-card monitoring system needed improvement. In addition, one transaction did have sales tax inappropriately applied for a total of almost $17. Table 1 on the next page details the reason these transactions were flagged along with the percent that had adequate documentation based on Internal Audit’s review. 22 Audit of Facilities Maintenance: Follow-Up Review February 2022 Audit Project #: 014 P a g e | 12 Table 1: P-Card Flagged Transaction Review (July 2021 – December 2021) Flag Reason Transactions Value Adequate Documentation Inadequate Business Reason 14 $1,538.95 100% Sales Tax 4 $904.80 100% Flagged Total: 18 $2,443.75 100% Based on this review, there does not appear to be a reoccurring issue with supporting documentation in the Facilities Division. In addition, based on discussions with Compliance Division staff, there appear to be adequate compensating controls to identify any inappropriate expenses or to correct documentation errors. For these reasons, this recommendation appears to be implemented. 23 Follow-Up Review of the Facilities Maintenance AuditMadison RorschachCity AuditorInternal Audit DepartmentFebruary 1, 2022124 Purpose of the Follow-Up Review2•Provides a progress update on procedure-related audit recommendations.•Audit evaluated City’s facility access and maintenance processes: •Maintenance program structure;•Resource utilization; and •Work order mgmt.•Review found some improvements; two software implementations in progress.ID 21-278025 Tool Inventory Record Created; Some Procedures Not Established3•Tool inventory value threshold set at $150 and 21 tools identified valuing almost $17,400:•All tools on inventory record observed in January 2022;•Five tools purchased above value threshold after initial inventory that were not added to the inventory record.•No documented process for:•Conducting a periodic inventory verification;•Checking out tools for use; or•Recording tool acquisitions or disposals.ID 21-278026 New Facility Access Security Software being Implemented4ID 21-2780•Facilities Department has determined old Facility Access Security Software was unable to support City’s operational needs.•Facilities working with a consultant, Human Resources, and Technology Services to implement a new system and streamline facility access change process.•Access change and approval documentation will be reviewed once this new software is implemented.•Facilities has centralized access change request support documentation in the interim.27 5•Facilities Department has determined old work order system did not have needed reporting capabilities.•Facilities in the process of identifying a new asset management and work order system based on those already in use by the City.•Facilities relies on manual processes and professional judgement to ensure work orders are completed timely and repeated equipment issues are identified.ID 21-2780New Facility Maintenance Work Order System being Implemented28 6Follow-Up Report Summary:Multiple New System Implementations In ProgressAudit Area Recommendations Implemented In Progress Not ImplementedTool Inventory Safeguards 2 0% 100% 0%Facility Access Security 2 0% 100% 0%Work Order Monitoring 2 0% 100% 0%P-Card Documentation 1 100% 0% 0%All: 7 14% 86% 0%ID 21-278029 Questions?7Madison RorschachCity AuditorInternal Audit DepartmentID 21-278030 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 21-2155,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding tax exemptions for tax year 2022. [Estimated Presentation/Discussion Time: 1 hour] City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™31 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance ACM/CFO: David Gaines DATE: February 1, 2022 SUBJECT Receive a report, hold a discussion and give staff direction regarding tax exemptions for Tax Year 2022. BACKGROUND During the FY 2022 budget process, City Council re quested staff bring information regarding homestead exemptions and options for changes ahead of the FY 2023 budget season. The City’s homestead exemption allows homeowners living in their principle residence a reduction in assessed value used to calculate City of Denton property taxes. The City’s current homestead exemption rate is 0.05% or a minimum of $5,000 whichever is greater. In Tax Year 2021, the City had 20,729 homes with this exemption, representing 61% of all single-family homes in Denton. The City Council may increase the percentage up to 20% of a property’s appraised value. The minimum of $5,000 is defined in the Texas Constitution and may not be changed by City Council. A change to the homestead exemption rate would have an impact to both homes receiving the exemption and to the City in lost revenue from exempted values. To maintain the same level of property tax revenue, an increase in offered exemptions would require an increase in the property tax rate. According to the Denton Central Appraisal District website, a homeowner may file for a homestead exemption between January 1 and April 30 for the year for which the exemption is requested. The deadline for City Council to make a change to the homestead exemption for Tax Year 2022 or FY 2022-2023 Budget is July 1, 2022. If City Council gives direction to change the homestead exemption percentage, staff will bring an ordinance for City Council consideration to a future meeting. PRIOR ACTION/REVIEW On August 10, 2021, staff presented a homestead exemption comparison as part of FY 2021-2022 Budget discussion. EXHIBITS 1. Agenda Information Sheet 2. Presentation Respectfully Submitted: Cassey Ogden Director of Finance City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 32 1 Finance Department Homestead Exemption February 1, 2022 ID 21-2155 33 22 Presentation Objective •Follow up from FY 2022 Budget discussion •Overview of market values and exemptions •Comparison to other cities •Options for increasing homestead exemption •Next steps February 1, 2022 ID 21-2155 34 33 2021 City of Denton Market Values by Category -$17,634,374,727 Single Family Residence, $8,264,347,071, 51.1% Multifamily Residence, $2,192,401,019, 13.6% Land, $833,697,218, 5.2% Commercial/Industrial, $4,457,981,770, 27.6% Oil, Gas, and Other Improvements, $191,508,846, 1.2% Other, $161,358,119, 1.0%Exempt Property, $76,286,025, 0.5% 3 February 1, 2022 ID 21-2155 Count Homestead Exemption 20,729 Single Family w/o Exemption 13,405 Single Family Residence 34,134 35 44 2021 Average taxable home value comparison February 1, 2022 ID 21-2155 City/Town Average Taxable M&O Rate Debt Rate Tax Rate Taxes Due to City M&O Debt Total Highland Village $427,726 $0.4826 $0.0804 $0.5630 $2,064 $344 $2,408 Prosper $442,102 $0.3280 $0.1820 $0.5100 $1,450 $805 $2,255 Trophy Club $497,532 $0.3350 $0.1100 $0.4450 $1,667 $547 $2,214 The Colony $338,332 $0.4900 $0.1600 $0.6500 $1,658 $541 $2,199 Coppell $355,848 $0.4722 $0.1078 $0.5800 $1,680 $384 $2,064 Little Elm $312,978 $0.5240 $0.1199 $0.6439 $1,640 $375 $2,015 Dallas $256,150 $0.5658 $0.2075 $0.7733 $1,449 $532 $1,981 Frisco $426,980 $0.2952 $0.1514 $0.4466 $1,261 $646 $1,907 Richardson $301,606 $0.3772 $0.2380 $0.6152 $1,138 $718 $1,855 Corinth $317,914 $0.4270 $0.1400 $0.5670 $1,357 $445 $1,803 Flower Mound $437,281 $0.3506 $0.0544 $0.4050 $1,533 $238 $1,771 Plano $396,673 $0.3330 $0.1135 $0.4465 $1,321 $450 $1,771 Irving $281,434 $0.4641 $0.1300 $0.5941 $1,306 $366 $1,672 Garland $216,200 $0.3814 $0.3756 $0.7570 $825 $812 $1,637 Ft. Worth $216,539 $0.5850 $0.1475 $0.7325 $1,267 $319 $1,586 Carrollton $268,465 $0.4361 $0.1464 $0.5825 $1,171 $393 $1,564 Denton $275,361 $0.3505 $0.2154 $0.5658 $965 $593 $1,558 Lewisville $276,655 $0.3210 $0.1223 $0.4433 $888 $338 $1,226 Arlington $172,754 $0.3772 $0.2380 $0.6152 $652 $411 $1,063 Grapevine $289,259 $0.1404 $0.1314 $0.2718 $406 $380 $786 36 55 Homestead Exemption •Currently, 0.5% of value or $5,000 whichever is greater. •20,729 out of the 32,321 single family homes qualify for the exemption •Applies only to homes where the individual living in the home owns it •i.e. commercial properties or non-owner occupied leased properties are not eligible •Exemption percentage may not exceed 20% per the Texas Tax Code, Section 11.13(n) •Homeowners must file application for Homestead Exemption by May 1st •Council may increase exemption percentage in any increment •Minimum of $5,000 homestead exemption may not be changed by City Council •July 1, 2022 –Council must adopt an ordinance prior to this date in order to make the change effective for Tax Year 2022 (Fiscal Year 2022-23). February 1, 2022 ID 21-2155 37 66 Homestead Exemption comparison City Homestead Exemption Over 65/DP Freeze 2021 Tax Rate Carrollton Y –20% or $5,000 $60,000/$60,000 N $0.582500 The Colony N $10,000/$10,000 Y $0.650000 Denton Y –0.5% or $5,000 $50,000/$50,000 Y $0.565823 Flower Mound Y –5% or $5,000 $100,000/$100,000 N $0.405000 Highland Village N $75,000/$75,000 N $0.563020 Lewisville N $60,000/$20,000 Y $0.443301 Prosper Y –10% or $5,000 $10,000/$3,000 Y $0.510000 Coppell Y –5% or $5,000 $75,000/$75,000 N $0.580000 Trophy Club Y –1% or $5,000 $35,000/$0 Y $0.445000 Plano Y –20% or $5,000 $40,000/$40,000 Y $0.446500 Frisco Y –10% or $5,000 $80,000/$80,000 N $0.446600 February 1, 2022 ID 21-2155 38 77 Homestead exemption trend Tax Year Exemption Property Value Amount Exemption Property Tax Amount Minimum Exemption Number of Exemptions 2021 $ 100,150,440 $ 566,671 $ 5,000 20,729 2020 $ 98,820,513 $ 583,485 $ 5,000 19,849 2019 $ 96,873,879 $ 571,992 $ 5,000 20,035 2018 $ 93,399,453 $ 579,524 $ 5,000 19,276 2017 $ 91,671,530 $ 584,732 $ 5,000 18,890 2016 $ 88,848,080 $ 607,134 $ 5,000 18,297 2015 $ 86,502,404 $ 596,650 $ 5,000 17,781 2014 $ 84,697,697 $ 584,202 $ 5,000 17,427 2013 $ 83,466,451 $ 575,710 $ 5,000 17,111 2012 $ 84,215,825 $ 580,879 $ 5,000 17,205 2011 $ 85,860,689 $ 592,224 $ 5,000 17,485 February 1, 2022 ID 21-2155 39 88 Homestead Exemption –Impact to Homeowner Homestead Exemption Tax Rate Average Value Exemption Taxable Value City Tax Bill with HS Annual Savings to Homeowner%Minimum $ 0.50%$ 5,000 $ 0.56582 $ 275,361 $ 5,000 $ 270,361 $ 1,530 $ 28.29 2.00%$ 5,000 $ 0.56582 $ 275,361 $ 5,507 $ 269,854 $ 1,527 $ 31.16 2.50%$ 5,000 $ 0.56582 $ 275,361 $ 6,884 $ 268,477 $ 1,519 $ 38.95 5.00%$ 5,000 $ 0.56582 $ 275,361 $ 13,768 $ 261,593 $ 1,480 $ 77.90 10.00%$ 5,000 $ 0.56582 $ 275,361 $ 27,536 $ 247,825 $ 1,402 $ 155.81 15.00%$ 5,000 $ 0.56582 $ 275,361 $ 41,304 $ 234,057 $ 1,324 $ 233.71 20.00%$ 5,000 $ 0.56582 $ 275,361 $ 55,072 $ 220,289 $ 1,246 $ 311.61 February 1, 2022 ID 21-2155 40 99 Homestead Exemption -Impact to General Fund Homestead Exemption % Exemption Value Increase General Fund Revenue Loss Tax Rate Increase Equivalent 2.00%10,159,661 $ (57,486)$ 0.00048 2.50%37,737,187 $ (213,526)$ 0.00178 5.00%175,624,813 $ (993,726)$ 0.00828 10.00%451,400,066 $ (2,554,125)$ 0.02128 15.00%727,175,319 $ (4,114,525)$ 0.03429 20.00%1,002,950,572 $ (5,674,925)$ 0.04729 February 1, 2022 ID 21-2155 41 1010 Options for consideration Option 1 -No change Option 2 -Increase to desired amount February 1, 2022 ID 21-2155 42 1111 Next Steps •Ordinance required to codify homestead exemption •Provide ordinance to Denton Central Appraisal District before July 1, 2022 •Exemption goes into effect for Tax Year 2022 and FY 2022-2023 Budget February 1, 2022 ID 21-2155 43 1212 Questions? February 1, 2022 ID 21-2155 44 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 21-2480,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the proposed Street Sign Topper Program for the City of Denton. [Estimated Presentation/Discussion Time: 1 hour] City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™45 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services IDCM: David Gaines DATE: February 1, 2022 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the proposed Street Sign Topper Program for the City of Denton. [Estimated Presentation/Discussion Time: 1 hour] BACKGROUND This program is being proposed as a result of a one-minute pitch, with a majority of City Council concurring, from September 14, 2021. The idea for this Sign Topper Program to recognize Denton’s neighborhood communities dates back to 2018, and has been in discussion amongst members of Staff and local resident and founder of Historic Denton Inc., Randy Hunt. From 2018 until early 2020, discussion progressed until being paused during the pandemic. In June 2021, Mr. Hunt reached out to the City to resume discussions regarding the Street Sign Topper Program, providing Staff with a timeline of the program, including information regarding what conversations had taken place in prior years between himself and the City. In early August 2021, Staff and Mr. Hunt determined that the Solomon Hill community would serve as the pilot for the Street Sign Topper Program due to the community’s past involvement with Mr. Hunt and the program’s development in previous years. Mr. Hunt also asked for Councilmember Vicki Byrd’s assistance in moving the program forward. In these early discussions, the City stated that it would pay for the first eighteen signs proposed for the Solomon Hill community, as previously proposed by Mr. Hunt (with Staff’s concurrence) to the Southeast Denton community. At the September 14, 2021 City Council meeting, Councilmember Byrd made a one-minute pitch for the establishment of a Street Sign Topper Program for the City of Denton. City Council voted to proceed with the creation of the program. Staff met with Councilmember Byrd and Mr. Hunt at the City’s Traffic Operations Sign Shop in late September 2021 to begin drafting the standard operating procedure (SOP) for the Street Sign Topper Program, which included discussions regarding budget limitations, City and national street sign standards, and expectations. Following the meeting, Staff drafted an SOP and design standards for the program, also referring to best practices throughout the state and across the country, such as Fort Worth, Texas and Charlotte, North Carolina. On November 11, 2021 Councilmember Byrd, Mr. Hunt, and Staff held a community meeting at the MLK Jr. Recreation Center to discuss the Street Sign Topper Pilot Program, and to seek initial feedback from the Southeast Denton neighborhood. Staff informed the community that they planned to return in December 2021 to ask for feedback regarding the program’s initial SOP and Design Standards. However, since Southeast Denton Neighborhood Association (SEDNA) was on break for the month of December, Staff decided to wait until the SEDNA meetings resumed in the new year, which Staff were informed would be contingent upon the weather. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 46 To continue gathering feedback on the program in the meantime, as well as to keep the program moving forward, Staff reached out to those who attended the November 11, 2021 meeting, one of whom was Southeast Denton resident and Planning & Zoning Commissioner, Donald McDade. Staff asked Commissioner McDade for feedback and names of any additional individuals that he thought may want to comment on the draft documents. No additional names of persons interested were received; however, comments were provided by Commissioner McDade. Following the holidays, Staff reached out to SEDNA about a January 2022 meeting in hopes of showing the community the Solomon Hill sign, which had been updated with an established neighborhood date, as well as gather additional community input on the draft SOP and design standards. Staff was informed that the first SEDNA meeting would likely take place in February. After discussions between Staff and Councilmember Byrd, it was decided that Staff continue to move forward with the pilot program, and Staff seeks direction from City Council as requested below. CITY COUNCIL DIRECTION Staff seeks direction related to the proposed program components including: 1. Staff proposes the following eligible neighborhoods for participation in the program: a. HOAs and Neighborhood Associations b. Non-HOAs or Non-Neighborhood Association c. Special Districts d. Proposed Residential Neighborhood Developments 2. Non-HOAs or Non-Neighborhood Associations and Special Districts – minimum 51% of favorable responses received from property owners required for participation in program. 3. Which entity shall be the primary funding source? a. Neighborhoods; or b. City PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. EXHIBITS 1. Agenda Information Sheet 2. Proposed Standard Operating Procedure 3. Neighborhood Project Matching Grant Application and Guide 4. Proposed Design Standards 5. Proposed Vendors 6. Fast Signs Cost Estimates for Solomon Hill Signage 7. Presentation Respectfully submitted: Tina Firgens, AICP Deputy Director of Development Services/ Planning Director Prepared by: Cameron Robertson, AICP Principal Planner/Historic Preservation Officer 47 City of Denton’s Development Services Neighborhood Street Sign Topper Program Procedures The intent of this document is to provide a step-by-step guide for the Neighborhood Street Sign Topper Program. ◘ Neighborhood Street Sign Topper Program Interest Form If your neighborhood is interested in the Sign Topper Program, please complete the Neighborhood Street Sign Topper Program Interest Form available at the City of Denton’s Neighborhood Planning page or contact your City Council Member for a form. Staff can be contacted with questions. STEP 1. Complete Neighborhood Street Sign Topper Program Interest Form: (a) Neighborhood Name or Proposed Name (b) Project Contact Person ▪ Name ▪ Number ▪ Email (c) Neighborhood Engagement Process to be implemented (as applicable below) ▪ HOAs and Neighborhood Associations ▪ Non-HOAs or Non-Neighborhood Associations ▪ Special Districts (ex. local historic districts and the Original Denton District) ▪ Proposed Residential Neighborhood Developments (d) Acknowledgement of Design Standards o Public Work’s Department Guidelines o IMAGE: Examples of sign templates o List of Approved Third-Party Vendors STEP 2. Submit Neighborhood Street Sign Topper Program Interest Form by PlanningTechnicians@cityofdenton.com or mail/deliver to 401 N Elm Street, Denton, TX 76201. Note: If you are interested in registering your neighborhood, fill out the City’s Neighborhood Group/Association Registration Form. This form can be emailed to Ron.Menguita@cityofdenton.com or mailed/delivered to 401 N Elm Street, Denton, TX 76201. ◘ City Liaison Contact Once you have completed and submitted the interest form, a City liaison will be assigned to your sign topper project. 48 City of Denton’s Development Services Neighborhood Street Sign Topper Program Procedures STEP 3: City Liaison will reach out to the Project Contact Person identified on the interest form to provide support for the sign topper project boundary map, sign locations map, and design standards. (a) Boundary Map for the Neighborhood or Special District - Groups requesting to designate an area using street sign toppers are responsible for identifying the neighborhood/district boundaries. This can be provided by the group or upon request, the City Liaison can assist with project mapping. (b) Sign Locations Map – Staff will assist the project with plotting out the intersections where the sign toppers will be placed. Please note that this shall include the streets, corners and pole type where the toppers will be installed. Toppers can only be installed at locations with existing street name signs. (c) Sign Topper Design - Neighborhoods will design the double-sided street topper with an approved third party (see STEP 1 for “List of Approved Third-Party Vendors”). This design will be in compliance with the city-approved template, size and color as defined by the Traffic Engineering and Operations (TEO) team (see STEP 1). (d) Neighborhood Eligibility and Engagement - Community involvement is important, so we ask that your neighborhood involve and inform the community. 1. HOAs and Neighborhood Associations: For neighborhoods with an established HOA or Neighborhood Association, include meeting date the HOA or Neighborhood Association approved participation in the Neighborhood Street Sign Topper Program. 2. Non-HOAs or Non-Neighborhood Associations: For neighborhoods with non- established HOA’s or Neighborhood Associations, please provide a copy of the email or letter delivered to the residents (1 per address) within the proposed neighborhood boundary. Additionally, provide a response of each resident within the proposed neighborhood boundary indicating if they are in favor or opposition to the proposed neighborhood name and street sign topper design. Upon request, City Liaison can assist with address list within the neighborhood map boundary. Not less than 51 percent of the property owners within the proposed neighborhood boundary shall be in favor of the proposed neighborhood name and sign in order to be eligible to participate in the program. 3. Special Districts: For special districts, please provide a copy of the email or letter delivered to the residents (1 per address) within the proposed neighborhood boundary. Additionally, provide a response of each resident within the proposed neighborhood boundary indicating if they are in favor or opposition to the proposed neighborhood name and street sign topper design. Upon request, City Liaison can assist with address list within the neighborhood map boundary. Not less than 51 percent of the property owners within the proposed neighborhood boundary shall be in favor of the 49 City of Denton’s Development Services Neighborhood Street Sign Topper Program Procedures proposed neighborhood name and sign in order to be eligible to participate in the program. 4. Proposed Residential Neighborhood Developments: For proposed residential neighborhood developments, a letter and/or email from the person or body representing the proposed development stating the approval of neighborhood name, boundary, and sign topper design is required. ◘ Funding STEP 4: Neighborhoods will need to determine their source of funding. Currently, two options are available: 1. Neighborhood Funded 2. Neighborhood Project Matching Grant (City Grant) If funding will be sought through the City, please contact your City Liaison. They can provide you with information with any questions regarding neighborhood grants and can assist with any questions you may have. STEP 5: ONLY APPLICABLE IF APPLYING FOR THE NEIGHBORHOOD PROJECT MATCHING GRANT Please see the Neighborhood Project Matching Grant guide. The application is a three-step process. Please note that Proposed Neighborhood Developments are not eligible for the Neighborhood Project Matching Grant. 1. Schedule to attend a grant-training workshop. The City of Denton Neighborhood Planning Program may be contacted for training workshop dates, times, and locations. For your convenience, multiple training workshops will be scheduled. Each session will address how to complete the Neighborhood Project Matching Grant application, how to increase your opportunities to receive funding, and how to implement a project. Additional information will include an explanation of grant requirements and examples of technical needs assistance. 2. Obtain a grant application by contacting the City of Denton Neighborhood Planning Program at (940) 349-7726 or download the application at https://www.cityofdenton.com/DocumentCenter/View/151/Neighborhood-Project- Matching-Grant-Application-PDF. 3. Complete the application in detail and mail or hand deliver the original plus seven copies to the City of Denton Neighborhood Planning Program at Development Service Center, 401 N Elm St., Denton, TX 76201; or email a completed application to CommunityDevelopment@cityofdenton.com. 50 City of Denton’s Development Services Neighborhood Street Sign Topper Program Procedures ◘ Payments STEP 6: Once a source of funding is established, all payments for sign fabrication and installation will be made to a third-party vendor. If a Neighborhood Project Matching Grant is awarded to your neighborhood, please note that there are separate grant program conditions in addition to the procedures shown here. Please see STEP 1 for “List of Approved Third-Party Vendors.” ◘ CELEBRATE STEP 7: After your neighborhood’s Street Sign Toppers are installed, notify your City Liaison and City Council member, and submit a few pictures to show your neighborhood’s success! 51 Page - 1 v.03/2021                  NEIGHBORHOOD PROJECT MATCHING GRANT    APPLICATION     Complete the application in full, do not leave any part of the application blank.   All volunteer pledged hours require an original signature from the pledging resident.   If any questions do not apply to your project or event, write or type “N/A.”     Additional sheets may be used if necessary.   Submit the completed application to the City of Denton at 401 N. Elm St. or email a PDF with all  supporting documents to CommunityDevelopment@cityofdenton.com   All applications must be received no later than 5 p.m. on the closing date published on the  City’s website.   All grant funds shall be awarded/ or paid only to groups identified with a particular Denton  neighborhood.   An example of an approved grant application can be found at the end of this document.    If you still have questions regarding this grant or the application, please call (940) 349‐7726 or  visit www.cityofdenton.com/grants.    1. Project Title         2. Name of Neighborhood Association or Group        3. Federal Tax I.D. number (if applicable)        4. Name of Partner (if applicable)          5. The number of Households in your Neighborhood Association or Group:       52 Page - 2 v.03/2021    6. Is your Neighborhood Association or Group registered with the City of Denton Neighborhood  Planning Program?   Yes      No      7. Name, address, phone numbers, and email of Neighborhood Association or Group contact(s):    a. Name:           b. Mailing Address:           c. City and Zip code:           d. Phone Number: day    evening           e. Email:             f. Signature:                            Date: _________________      8. Name, address, phone numbers, and email of Partner(s) (if applicable):    a. Partner Name:           b. Mailing Address:           c. City and Zip code:           d. Phone Number: day    evening           e. Email:             f. Signature:                            Date: _________________        a. Partner Name:           b. Mailing Address:           c. City and Zip code:           d. Phone Number: day    evening           e. Email:             f. Signature:                            Date _________________  53 Page - 3 v.03/2021  9. Check one or more of the appropriate category your project falls within:     Physical improvements to neighborhood entryways, perimeter areas, street borders  and medians, parks, playgrounds, tot lots, and other neighborhood amenity areas. Such  improvements may include landscaping, tree plantings, signage, equipment, decorative  structures, and similar beautification or enhancement projects. Physical improvement  projects must be performed in a public right‐of‐way or on public property.  Projects on  property owned by a neighborhood or homeowners association will be considered on a  case‐by‐case basis, if it is shown to provide a communal benefit to the neighborhood.     Public safety programs or initiatives such as safety training, crime or fire prevention  programs, traffic deterrent, or calming projects or studies.      Cultural,  educational,  and  recreation  programs  including  literacy  programs,  leadership training, computer labs, after‐school enrichment programs,  cultural  arts  programs, and summer camps.     Neighborhood master plan or comparable studies that focus on enhancing  the  neighborhood. These must not contain plans currently being developed by the City.      10. Project Description (describe needs, location, partnerships, and expected results).                                        54 Page - 4 v.03/2021  11. Budget Information    a. Total Project Expenses:  $  b. Total amount of money requested (up to $10,000):  $  c. Neighborhood Match    1. Neighborhood Association Matching Funds:  $    2. In‐kind donations/Services  $    Volunteer Hours ‐ A minimum 25 percent of Neighborhood  Match must come from volunteer hours, at a rate of $18 per  hour.  For example, 25 percent of a $10,000 matching grant is  $2,502, a total of 139 volunteer hours would be required.      Volunteer Hours         ___________x $18.00  $    Monetary Donations  $    Donated Materials or Supplies  $    Donated Professional Services  $    Total amount of Neighborhood Match:  $      12. Provide an itemized budget showing cost of product(s) and expenditures. A separate sheet may  be used if necessary.                                  55 Page - 5 v.03/2021  13. Explain  how  your  association/group  plans  to  accomplish  the  proposed  project.  Provide  anticipated beginning and completion dates.  (Projects must be completed, and Events/Programs  held by September 1st).                                  14. Explain how your project promotes long term, public benefit to the neighborhood by improving  the appearance of the neighborhood, enhancing the quality of life of residents, and establishing  community pride in the neighborhood.                                  56 Page - 6 v.03/2021  15. Explain how your project promotes maintenance of the neighborhood and improves the public  safety and improves public health residents by preserving and enhancing the environment.                                  16. Explain how your project is supported by the neighborhood and involves participation from  residents in all phases of the project.                                  57 Page - 7 v.03/2021  17. Explain  how  your  project  promotes  “neighborhood,”  builds  relationships,  and  promotes  cooperation among neighbors?                                                18. Explain  how  your  proposed  project  involves  diverse  interests  (e.g.,  business  owners  and  residents,  people  of  different  income  levels,  racial  and  ethnic  groups,  or  tenants  and  homeowners)?                                  58 Page - 8 v.03/2021  19. Provide the criteria your group has established in order to measure the success of your project or  event.                                  20. Describe the long‐term maintenance required for the project, who will perform the maintenance,  and how often. (Note: maintenance of the project area is the responsibility of the grant recipient,  unless specified herein.)                                  59 Page - 9 v.03/2021    Please note in addition to a completed application, the following are required BEFORE the project:       Attend a Neighborhood Project Matching Grant Workshop     Volunteer Hours Pledge Sheet:     A minimum 25 percent of the Neighborhood Match must come from volunteer  hours    Original signatures from all pledging residents are required     W‐9 Form      Neighborhood Project Matching Grant Agreement      City  of  Denton  Release  and  Waiver  of  Claims,  Hold  Harmless  and  Indemnity  Agreement.     Photos of the site prior to any work being conducted        Please note AFTER the project the following documentations/materials are required:       Final Project Report (no later than 30 days upon completion of the project)     Financial Records (invoices, original receipts, contracts, etc.)     Photos of finished Project or of Program       60 Page - 10 v.03/2021  VOLUNTEER HOURS PLEDGE SHEET    Project Title:      Name of Neighborhood Association or Group:          NAME ADDRESS DESCRIPTION OF  WORK PERFOMED  HOURS  PLEDGED  ORIGINAL  SIGNATURE                                                                    61 v.03/2021                   NEIGHBORHOOD PROJECT MATCHING GRANT    INFORMATION GUIDE     The purpose of the Neighborhood Project Matching Grant is to empower citizens to improve the overall  quality of life in their neighborhoods through citizen and government partnerships. The grant matches  City and neighborhood resources to complete neighborhood‐proposed projects that foster self‐help,  self‐management, and neighborhood pride, as well as enhance and beautify the neighborhood.    Funds  are  awarded  on  the  basis  of  merit  with  a  maximum  of  $10,000  per  project.    This  is  a  reimbursement grant. Funding will not be released until the project is completed and proper financial  documentation is submitted to the City of Denton Neighborhood Planning Program (CDNPP).    WHO MAY APPLY  Neighborhood  associations,  homeowner  associations,  tenant  associations,  and  neighborhood  groups  may apply.      All projects are required to have a Citizen Project Coordinator as the liaison between the City and  the neighborhood during project development and implementation.     Matching fund awards will not be made to individuals, single businesses, universities, hospitals,  institutions, foundations, political, fraternal, or religious organizations. Government and public  agencies, social services district councils, citywide groups, and city developments are also not  eligible for the program. Eligible applicants may form partnerships with any of these ineligible  groups to plan and implement the project. But the eligible applicant must retain the primary role  in the partnership and remain responsible for performing the project.     PROGRAM DESCRIPTION  Eligible neighborhood groups or associations may apply upon the following contingencies:     Project appropriateness   Funding availability   The ability of the applicant to match the award at 100 percent through financial contributions, in‐ kind donations, or volunteer hours    Qualifying  projects  must  take  place  within  the  City  of  Denton, provide  a  communal  benefit  as  determined by the Neighborhood Empowerment Grant Advisory Board, and fall within one or more of  the categories listed below as a qualifying project.      62 Page - 2 QUALIFYING PROJECTS    1. Physical  improvements to  neighborhood  entryways,  perimeter  areas,  street  borders  and  medians,  parks,  playgrounds,  tot  lots,  and  other  neighborhood  amenity  areas.  Such  improvements  may  include  landscaping,  tree  plantings,  signage, equipment,  decorative  structures, and similar beautification or enhancement projects. Physical improvement projects  must be performed in a public right‐of‐way or on public property. Projects on property owned by  a neighborhood or homeowners association will be considered on a case‐by‐case basis if it shows  to provide a communal benefit to the neighborhood.    2. Public safety programs or initiatives such as safety training, crime or fire prevention programs,  traffic deterrent, or calming projects or studies.    3. Cultural,  educational,  and  recreational  programs including  literacy  programs,  leadership  training, computer labs, after‐school enrichment programs, cultural arts programs, and summer  camps.    4. Neighborhood master plan or comparable studies that focus on enhancing the neighborhood.  These may not contain plans currently being developed by the City.    PROJECT CRITERIA    If applicable, qualifying projects must meet the following criteria:  1. Provide long‐term, public benefit to the neighborhood  2. Be located on publicly accessed property (right‐of‐way, neighborhood common area, etc.)  3. Have demonstrated neighborhood support  4. Be compatible with adjacent properties  5. Directly involve neighborhood residents in all phases  6. Have goals that may be typically accomplished within 12 months or less  7. Must demonstrate appropriate long‐term maintenance  8. Be within the City’s legal authority and comply with existing City of Denton policies and codes    PROJECT EVALUATION    The  Neighborhood  Empowerment  Grant  Advisory  Board  reviews,  evaluates  (in  accordance  to  the  evaluation  sheet),  and  selects  successful  applications  for  final  approval  by  the  City  Manager.  The  Advisory Board will evaluate each application based on the following criteria:     Project  Description  and  Statement  of  Qualifications  ‐  the  precise  description  of  the  project,  including needs, benefits to the neighborhood, and sound budget.     Implementation Tasks and Schedule ‐ a clear demonstration of how  the  project  will  be  accomplished     Volunteers,  Participation,  and  Donations  Registered  with  the  CDNPP  ‐  demonstrated  participation  of  residents  in  the  project  and  documented  match in  forms  of  letters,  in‐kind  services, or donations.  63 Page - 3 Neighborhood Project Matching Grant funds are limited. Awards are based on a project’s rating, and the  most highly rated projects will be awarded first. Projects must take place within the boundaries of the  neighborhood; however, exceptions may be made for donated space outside the neighborhood when  sufficient space within the neighborhood is not available. Improvement projects that are targeted under  the City of Denton Capital Improvement Plan will not be funded under this grant program.    CRITERIA FOR FUNDING APPROVAL    To be considered for funding approval, eligible neighborhood groups with qualifying projects must:   Successfully complete the grant application process   Provide original signatures for all volunteer pledged hours   Provide evidence that the project qualifies for this funding program   Provide  evidence  that  the  requested  grant  and  project  was  favored  by  a  majority  vote  of  neighborhood association members or a neighborhood group that has received support from 60  percent of the households or businesses to sign a petition for the project   Assume the lead role and responsibility for the project (Partnerships with non‐eligible individuals  or  groups  such  as  businesses,  religious,  fraternal  or  community  organizations,  educational  institutions, political groups and non‐eligible neighborhoods may be permitted.)   Provide advance notice of all other funding sources, both public and private, for the same project   Contribute to and ensure resident involvement in all phases of the project by making a significant  neighborhood donation in dollars, goods, or in‐kind services such as volunteer hours (At least one  quarter of the neighborhood match must come from volunteer efforts. For example, 25 percent  of a $2,500 matching grant is $625; and at the approved rate of $18 per hour, 35 volunteer hours  would be required.)    Note: Association officers or members who may provide project consulting or planning services are not  entitled to receive a salary or payment for project‐related services or operating expenses. Requests for  salaries or operating expenses will only be considered for contracted, professional service providers.    CRITERIA FOR DISQUALIFICATION OR FUNDING DENIAL    Applicants may be disqualified or denied grant funding for any one of the following reasons:   A grant application is submitted after the deadline.   Required original pledged volunteer signatures are not submitted.    One quarter of the neighborhood match does not come from volunteer efforts.   A grant application is incomplete or missing supporting documents such as a budget or volunteer  hours.   The matching labor funds and other donations are not equal to or greater than the full amount of  the matching grant.   The mandatory technical grant workshop is not attended.   The association, group, or partner has no bank account or Federal Tax ID number.   Funding  under  this  matching  grant  program  was  previously  provided,  but  the  neighborhood  association or group has not successfully completed the funded project.   Requests to support the ongoing operating budgets of organizations are not eligible.        64 Page - 4 APPLICATION PROCEDURES AND TRAINING    Step 1: Schedule to attend a grant‐training workshop. The City of Denton may be contacted for training  workshop dates, times, and locations. For convenience, training workshops may be scheduled in‐person,  virtual,  or  by  on‐demand  recording.  Each  session  will  address  how  to  complete  the  Neighborhood  Project Matching Grant application and how to implement a project. Additional information will include  an explanation of grant requirements and examples of technical assistance provided.    Step  2:  Obtain  a  grant  application  by  contacting  Community  Development  at  (940)  349‐7726  or  download the application at www.cityofdenton.com/grants.    Step 3: Complete the application. Deliver by mail or hand deliver the original to the City of Denton  Community Development at the Development Service Center, 401 N. Elm St., Denton, TX 76201; or email  a completed application to CommunityDevelopment@cityofdenton.com.    SELECTING PROJECTS FOR GRANT FUNDING    The  Neighborhood  Empowerment  Grant  Advisory  Board  –  consisting of  representatives  from  the  following Departments/Divisions:      Parks and Recreation;   Engineering;   Planning;   Police;   Economic Development;    Community Improvement Services (Code Enforcement); and    Community Development.    1. The Neighborhood Empowerment Grant Advisory Board screens each application and determines  if the applicant meets the criteria for funding approval.    2. Applications are then reviewed and ranked using an “Evaluation Criteria Ranking Sheet.”     3. Ranked projects are presented for City Manager’s review and approval.     4. The number of grants awarded will be based on available funding and the Evaluation Criteria  Ranking Sheet.     THE APPEAL PROCESS    The  City  reserves  the  right  to  deny  any  grant  request  for  a  project or activity deemed to be  inappropriate, offensive, or discriminatory, or for any other reason within the City’s sole discretion.    In the event a grant proposal is denied by the Board, other than for a lack of funding in which no appeal  is authorized, the applicant has 30 days to appeal the Board’s decision, as applicable, to either the City’s  Human Services Advisory Committee or the Community Development Advisory Committee.    65 Page - 5 The Human Services Advisory Committee will review appeals associated with:    1. Public safety programs or initiatives such as safety training, crime or fire prevention programs,  traffic deterrent, or calming projects or studies.  2. Cultural, educational, and recreation programs including literacy programs, leadership training,  computer labs, after‐school enrichment programs, cultural arts programs, and summer camps.  3. Neighborhood master plan or comparable studies that focus on enhancing the neighborhood.  These must not contain plans currently being developed by the City.    The Community Development Advisory Committee will review appeals associated with:    1. Physical  improvements  to  neighborhood  entryways,  perimeter  areas,  street  borders  and  medians,  parks,  playgrounds,  tot  lots,  and  other  neighborhood  amenity  areas.  Such  improvements  may  include  landscaping,  tree  plantings,  signage, equipment,  decorative  structures, and similar beautification or enhancement projects. Physical improvement projects  must be performed in a public right‐of‐way or on public property. Projects on property owned by  a neighborhood or homeowners association will be considered on a case by case basis, if it is  shown to provide a communal benefit to the neighborhood.    At a public hearing relative to an appeal, each appeals Committee shall render their decision based on if  the grant proposal has met the following criteria:     Provide long‐term, public benefit to the neighborhood   Be located on publicly accessed property (right‐of‐way, neighborhood common area, etc.)   Have demonstrated neighborhood support   Be compatible with adjacent properties   Involve neighborhood residents directly in all phases   Have goals which can be accomplished normally in 12 months or less   Must demonstrate appropriate long‐term maintenance   Be within the City’s legal authority and comply with existing City of Denton policies and codes    The decisions of the appeals Committees will be final; however, in no event will the denial of a grant  application preclude the applicant from reapplying to subsequent grant cycles.    GRANT PROGRAM CONDITIONS    Once the City awards a grant, the following documents must be signed:     Neighborhood Project Matching Grant Agreement; and    City of Denton Release and Waiver of Claims, Hold Harmless and Indemnity Agreement.    After the documents are executed, a check may be prepared and disbursed for the necessary materials  or supplies included in the approved application/budget. Funding for volunteer hours, in‐kind donations,  or project services identified in the budget may not be reimbursed until after such service is rendered  and verified by the City. Checks will be made out to associations or project partners with Tax ID only.  A  W‐9 form is required with every application.    66 Page - 6 Grant  funding  recipients  must  submit  a  monthly  project  status  report that may include pictures, a  description  of  completed  portions  of  the  project,  and  financial records such as invoices, receipts,  contracts, and vouchers. A final project report with original documentation must be submitted to the  CDNPP no later than thirty (30) days after the completion of the project.    Projects are to be completed within the period specified in the grant award. If no significant progress has  been made after six months following the award of the grant funds, the Neighborhood Empowerment  Grant Advisory Board will assess the status of the project and determine if it should be continued or  terminated. Any project scheduled for completion by the end of the fiscal year (ends Sept. 30) must be  completed and approved for reimbursement no later than Sept. 1 of that year. If this deadline is not  met, the project may not be continued until a new application is submitted and approved. In addition, if  the deadline for reporting and completing the project is not met, the association or group could be  denied the opportunity to receive future grant funds under this or other grant programs.  The  grant  program  recipient  as  a  whole  is  responsible  for  repairing  any  public  or  privately  owned  fixtures,  sidewalks,  vegetation,  or  other  features  that  may  be damaged  during  the  course  of  implementing the project.    Grant  recipients  must  comply  with  all  applicable  laws,  rules  and  regulations,  as  well  as  obtain  all  required permits for signs, structures, right‐of‐way work, etc.     Unless the City agrees to other arrangements in advance, the City will only continue its current level of  maintenance in and around the project site after the project is completed. Maintenance of the project  area over and above the City’s routine maintenance remains the responsibility of the grant recipients.  Exceptions  will  be  considered  on  a  case‐by‐case  basis  by  the  Neighborhood  Empowerment  Grant  Advisory Board, as well as by the City Manager or his designee. Approval will be rendered on the basis of  benefit to the public.  67 Page - 7 NEIGHBORHOOD PROJECT MATCHING GRANT  GLOSSARY OF TERMS    Budget estimate – projected expenses for project materials, applicant match, volunteer hours, in‐kind  donations, cash, etc.    Citizen  Project  Coordinator –  neighborhood  resident  who  is  the  liaison  between  the  City  and the  neighborhood.    Deadline – a specified time or date after which completed applications will no longer be considered.    Donations – goods or services with a measurable value given to an association and/or applicant.    Homeowner’s  Association  (HOA) –  a  mandatory  association  that  is  formed  when  a  subdivision  is  planned and dues are assessed.    In‐kind –  a  value  placed  on  materials,  supplies,  and/or  professional  service  donations  that  may  be  counted toward the grant match. (For example, a donation of landscape material that retails for $100  would count as a $100 match).    Maintenance – the applicant’s ongoing care of the project and surrounding area, such as weeding,  mowing or watering a landscaped median area.    Match –  applicant‐provided  cash,  goods,  services,  and  volunteer  hours  that  are  equal  to  the  grant  request. (Volunteer hours are valued at $18/hour).    Neighborhood Group – individuals from five or more neighboring businesses and/or households within  the city limits of Denton.    Neighborhood Association – a voluntary group of people living in a specific area who came together for  the betterment of the neighborhood. (May include HOAs and tenant association).    Tenant Association – renters at an apartment complex.    Public benefit – the positive effects of a project or program upon the community or city‐at‐large.    Public property – any City‐owned land, facility or structure such as recreation centers, parks, or public  rights‐of‐ways.    Right‐of‐way – any street, avenue, boulevard, highway, sidewalk, alley, or similar place dedicated for  vehicular and/or pedestrian use which is controlled by the city, state, or federal government.    68 Page - 8 FREQUENTLY ASKED QUESTIONS    1. How many times may my association apply for funding?    Associations or groups may apply one time each fiscal year. The City of Denton’s fiscal year  begins Oct. 1 and ends Sept. 30.    2. How do I access funds allocated to my project?    Upon prior approval of the City Manager and completion of project  or  implementation  of  program, neighborhood organizations or project partners that have a Federal Tax ID number may  receive a check in the amount of the grant to be deposited into the organization’s bank account.    3. What if my application is not approved?    You may request feedback on your application with the Neighborhood  Empowerment  Grant  Advisory Board and are welcome to resubmit your application or you may exercise the appeal  process. Community Development is available to assist you with your application.  69 Page - 9   ELIGIBLE PROJECTS    Below are examples of eligible projects. This is not an all‐inclusive list. Applicants are encouraged to  submit creative ideas for matching grants.     Community gardens and landscaping   Educational program such as lawn care and property maintenance   Neighborhood signage or identity   Public art or amenity   Neighborhood parks and related improvements   Right‐of‐way improvements   Environmental improvements   Youth programs   Senior programs   Programs for persons with disabilities   Traffic safety   Community health fair   Community festivals    (Food cost may not exceed ten percent of the project’s total costs.)    INELIGIBLE PROJECTS OR PROJECT EXPENSES     Motor vehicles of any kind for any purpose   Payment to individuals or companies to provide services that are available from the City of  Denton   Purchase of real property in the name of the association or any other group, individual, or  organization   Mobile phones, services, associated air time, or similar electronic devices   Money for individuals, organizations, or groups for their private use or for uses that do not  benefit the neighborhood at large (This includes payment for services as rent, telephones,  utilities, and internet.)   Social, political, or fraternal organization memberships   Field trips or admissions   Cash prizes   Yard equipment, chainsaws, weed‐eaters, lawnmowers, or similar equipment, unless part of  an approved community tool shed (Rental of equipment is permitted.)  70 Page - 10 NEIGHBORHOOD MATCHING GRANT APPLICATION   FORM (EXAMPLE) AND SUPPORTING DOCUMENTS      71 Page - 11         72 Page - 12         73 Page - 13       74 Page - 14         75 Page - 15     76 Page - 16         77 Page - 17     78 Page - 18     79 Page - 19     80 Page - 20   81 Page - 21     82 Page - 22     83 Page - 23     84 Page - 24   85 Page - 25     86 Page - 26     87 Page - 27     88 Page - 28       89 Page - 29                 90 Page - 30       91 Page - 31   92 Page - 32     93 Page - 33         94 Page - 34       95 Page - 35                   96 Page - 36         97 Page - 37       98 Page - 38   99 City of Denton’s Public Works Department Neighborhood Sign Topper Program Guidelines Vendor Telephone Centerline Supply Inc 972-647-8300 Dobbie Supply Co. 512-995-8640 Fast Signs Carrollton 972- 418-6779 100 City of Denton’s Public Works Department Neighborhood Street Sign Topper Program Guidelines 1 Neighborhood Sign “Toppers” are sign brackets mounted above street name signs to demark entrances to neighborhoods from arterial or collector streets. The City approves “Toppers” recognizing that “Toppers” may serve as a catalyst for kindling interest in improving neighborhoods. For the concept to work, a requested neighborhood needs to be large enough to possess clear neighborhood boundary intersections. To have “Toppers” installed, sponsors must: • Demonstrate consensus for the specific sign “Topper” design; and • Gain City approval of the specific “Topper” design to ensure they are tasteful, will not confuse motorists as to street names, or potentially draw criticism from neighbors; and • Willingness to pay to manufacture, install, and perpetually maintain “Toppers”. These guidelines were prepared to help neighborhoods by providing key information as to how they may request and receive authorization to install Toppers. Please see the Neighborhood Street Sign Topper Program Procedures packet for additional information. Sign toppers are installed to demonstrate neighborhood unity or identify the boundaries or existence of a homeowners associations, non-homeowner associations, special districts, such as a historic district, or proposed neighborhood developments. To maintain a consistent and suitable standard for neighborhood sign toppers, all homeowners associations, non-homeowner associations, special districts, or proposed neighborhood developments requesting sign topper installation shall adhere to these guidelines set by the City of Denton’s Public Works Department and work with the city department representative to meet all guidelines prior to installation. It should be noted that this policy and the requirements listed below are only applicable on City maintained streets. Important Disclaimer: By law, the City of Denton controls all aspects of the public right of way including the sole right to install and remove any item placed at any time for any reason without notice. Street Sign Topper Content Sign content shall indicate one logo per homeowner association, non-homeowner association, special district, or proposed neighborhood development. Staff will consider all proposed color pantones. All applicants should request the sign vendor provide a sample of the finalized sign topper design electronically or on foam board. Please note, signs with background colors similar to or the same as traffic safety and/or regulatory signs will not be approved. Size and Shape Guidelines Toppers should be attractive, readable, and not interfere with street sign navigation. Toward that end, the following guidance is offered: • Toppers shall contain only acceptable content such as the neighborhood or association name. • Colors must be different from those used on street name signs, so as to avoid motorist confusion thinking the “Topper” sign is the name of a street. • Intricate design/color schemes are wholly ineffective and need to be avoided. Background color needs to contrast with text color to make words stand out. • Essential words should be a minimum of 4” in height. Other words should be a minimum of 2.5” in height. Signs may be easy to read when standing close by, but look substantially smaller when viewed from a distance and mounted 12 feet in the air. 101 City of Denton’s Public Works Department Neighborhood Street Sign Topper Program Guidelines 2 Reserved Colors for Traffic Control Signs Please note, signs with background colors similar to or the same as traffic safety and/or regulatory signs will not be approved. • Red, Florescent Yellow, Florescent Yellow/Green, and Orange Historic Neighborhoods (National Register, State or Local Historic Districts) Brown backgrounds with white text is suggested for designated neighborhoods. Suggested Background Color Acceptable colors include: • Light Brown: PMS 497 • Dark Brown: PMS 476 • Dark Grey: PMS 432 • Dark Red: PMS 202 • Dark Blue PMS 296 • Dark Green: PMS 233 • Black • White Light greens or blues are not recommended. Font Color Text must be clearly visible on background. Recommended colors include: • White • Off-white • Black 102 City of Denton’s Public Works Department Neighborhood Street Sign Topper Program Guidelines 3 • Dark Brown Font The following fonts are acceptable to use: • Times New Roman • Garamond • Palatino Bold • Goudy Old Style • Helvetica Bold • Castellar Script font is not allowed. Street Sign Topper Design Standards Size: Approx. 9” x 22.5” (see Page 5 for ‘Diagram Examples’) Shape: As shown on page 5 Extended Mounting Plate: Approx. 12” in width Material: .080 Aluminum Reflectivity Standards: Signs are not required to be reflective, but sign background and content must contrast. Font Size: Height at least 2” Font: Type will be left to the discretion of the homeowner association, non-homeowner association, special district, or proposed neighborhood development requesting the signs. Graphics: The City of Denton will only allow one graphic per sign. In accordance with copyright laws the City of Denton logo cannot be used without official consent from the City of Denton. Petitioning Process The City Liaison coordinating the sign topper installation process shall provide all petition documentation and checklists. Prior to installation, the homeowner association, non-homeowner association, special district, or the proposed neighborhood development representatives requesting installation must provide the City Liaison with the material provided in the “Neighborhood Engagement” portion of the Neighborhood Street Sign Topper Program Procedures packet. Installation will not commence until these petitioning processes are complete. A sample of the proposed sign topper (including a detailed mock-up, image, or draft of the sign toppers content, color, font, and dimensions) should be provided with the petition so residents can preview the signs proposed for installation. 103 City of Denton’s Public Works Department Neighborhood Street Sign Topper Program Guidelines 4 Obtaining Signs The City of Denton will not manufacture, install, or maintain Sign Toppers nor provide the hardware needed to attach ‘toppers’. While no permits are required, sponsoring groups must be willing to pay for both the installation and perpetual maintenance of “Sign Toppers”. Please see the Neighborhood Street Sign Topper Program Procedures packet for funding information. Private sign companies can make, install, and maintain signs. A copy of these guidelines should be provided to the company selected. The City of Denton recommends that associations use prudent business practices by selecting companies that are licensed, bonded, and adequately insured for liability. Sponsoring neighborhoods are wholly responsible for repairing, removing, or replacing any signs needing attention. If your neighborhood disbands, sign toppers must be removed. Failure to comply with these guidelines may result in removal of “Toppers” by the City. PLEASE NOTE: The City of Denton Traffic Department follows the Manual on Uniform Traffic Control Devices (MUTCD) standards and guidelines and wants to ensure that all signs in the city ROW are safe, legible, and provides a clear message. Traffic control devices (TCDs) are very critical for the safe and efficient transportation of people and goods. The MUTCD, by setting minimum standards and providing guidance, ensures uniformity of traffic control devices across the nation. The use of uniform TCDs (messages, locations, sizes, shapes, and colors) helps reduce crashes and congestion, and improves the efficiency of the surface transportation system. Uniformity also helps reduce the cost of TCDs through standardization. The information contained in the MUTCD is the result of years of practical experience, research, and/or the MUTCD experimentation process. This effort ensures that TCDs are visible, recognizable, understandable, and necessary. The MUTCD is a dynamic document that changes with time to address contemporary safety and operational issues. 104 City of Denton’s Public Works Department Neighborhood Street Sign Topper Program Guidelines 5 Diagram Examples 105 City of Denton’s Public Works Department Neighborhood Street Sign Topper Program Guidelines 6 106 Requested By:Terry Patterson Email:Terry.Patterson@cityofdenton.com Work Phone:(940) 349-7156 Salesperson:Josh Sylvester Email:Josh.Sylvester@fastsigns.com NO.Product Summary QTY UNIT PRICE UNIT PRICE AMOUNT 1 Aluminum Street Topper Signs 5 $80.50 $80.50 $402.50 1.1 Aluminum .080 - Aluminum Street Topper Signs Part Qty: 1 Width: 24.00" Height: 11.50" Sides: 2 Special Vinyls - Vinyl Selection: Reflective Die-Cut - Cut Type: Through Cut - Decal Size: Complex Die-Cut Laminate - Laminate Type: 3 mil UV Matte Text: 1 EACH OF 5 FROM ART PROVIDED 2 Aluminum Street Topper Signs 20 $80.50 $80.50 $1,610.00 2.1 Aluminum .080 - Aluminum Street Topper Signs Part Qty: 1 Width: 24.00" Height: 11.50" Sides: 2 Special Vinyls - Vinyl Selection: Reflective Die-Cut - Cut Type: Through Cut - Decal Size: Complex Die-Cut Laminate - Laminate Type: 3 mil UV Matte Text: 1 EACH OF 20 FROM ART PROVIDED Subtotal:$2,012.50 Taxes:$166.03 Grand Total:$2,178.53 Bill To:City Of Denton 601 E Hickory Street Denton, TX 76205 US Pickup At:FASTSIGNS 2717 E Belt Line Rd Ste 113 Carrollton, TX 75006 US DESCRIPTION: Aluminum Street Topper Signs ESTIMATE E96-170693 PO Number: Payment Terms: Cash Customer More than fast. More than signs. ® fastsigns.com/96 2717 E Belt Line Rd Ste 113 Carrollton, TX 75006 (972) 418-6779 Created Date: 11/18/2021 Thank you for choosing FASTSIGNS. We appreciate the opportunity to quote your project. PRODUCTION POLICY: Production time for products is based upon the scope of work. Production time Generated On: 12/1/2021 10:47 AM Page 1 of 2 107 begins after proof approval, when a proof is requested. PROOF POLICY: We are happy to provide up to two free proofs when your order is placed. Any proofs thereafter will be $25 per proof and will delay the production of your order. Price may vary depending on supplied artwork. For non-term customers; Any order under $100 requires 100% payment upfront, as well as any order over $100 requires at least 50% deposit to initiate the order process. Please let me know if you have any questions. Thanks, and have a great day! Did you know FASTSIGNS also offers financing for your projects? You can finance between $2,000 and $150,000 to spread your cost over time. Contact your sales professional to get your application started today! Signature:Date: Generated On: 12/1/2021 10:47 AM Page 2 of 2 108 Da 1 City of Denton Street Sign Topper Program February 1, 2022 –City Council Meeting ID 21-2480 109 Table of Contents 2 1.Background 2.Standard Operating Procedure (SOP) 3.Design Standards •Approved Third-Party Vendors 3.City Council Direction 2/1/2022 ID 21-2480 110 Background 3 •Result of a one-minute pitch from Councilmember Byrd in September 2021 ____________________________________________________________________________ Project Timeline •2018: Idea of the Street Sign Topper Program begins •June 2021: Conversations resumed after being paused due to the pandemic •Early August 2021: Staff and resident Randy Hunt determined Solomon Hill to serve as pilot for the program, and ask for Councilmember Byrd’s participation •Late September 2021: Start drafting SOP and design standards following team meeting •November 11, 2021: Community meeting held at MLK Jr. Recreation Center 2/1/2022 ID 21-2480 111 Standards Operating Procedure (SOP) 4 •7-step Process: •Step 1: Neighborhood representative completes Neighborhood Street Sign Topper Program Interest Form •Step 2: Submit Neighborhood Street Sign Topper Program Interest Form for evaluation to the Planning Division via email or mail/delivery to 401 N Elm Street (Development Service Center) •Step 3: City Liaison Contact •Step 4: Project Funding •Step 5: Neighborhood Project Matching Grant (Application and Guide) •Step 6: Payments •Step 7: CELEBRATE 2/1/2022 ID 21-2480 112 Design Standards 52/1/2022 ID 21-2480 •The City of Denton Traffic Department follows the Manual on Uniform Traffic Control Devices (MUTCD)standards and guidelines. •Sets minimum standards and provides guidance, ensuring uniformity of traffic control devices across the nation. •Used Best Practice cities, such as Fort Worth, Carrollton, and Charlotte, NC for guidance •Cross checked Design Standards with City standards and code 113 Approved Third-Party Vendors 62/1/2022 ID 21-2480 Vendor Telephone Centerline Supply Inc 972-647-8300 Dobbie Supply Co.512-995-8640 Fast Signs Carrollton 972-418-6779 114 City Council Direction 7 •Direction from City Council regarding: 1.Staff proposes the following eligible neighborhoods for participation in the program: i.HOAs and Neighborhood Associations ii.Non-HOAs or Non-Neighborhood Association iii.Special Districts iv.Proposed Residential Neighborhood Developments 2.Non-HOAs or Non-Neighborhood Associations and Special Districts –minimum 51% of favorable responses received from property owners required for participation in program. 3.Which entity shall be the primary funding source? i.Neighborhoods; or ii.City 2/1/2022 ID 21-2480 As the program grows and is implemented, additional changes to the SOPs and program eligibility may be necessary. 115 Questions? 82/1/2022 ID 21-2480 116 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-190,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the City of Denton Inclement Weather Policy [Estimated Presentation/Discussion Time: 1 hour] City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™117 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: Feb. 1, 2022 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the City of Denton Inclement Weather Policy. BACKGROUND At the Jan. 11, 2022, City Council meeting, Council Member Armintor requested the Council support her 2-minute pitch proposal to hold a work session where the Council could receive information, discuss, and give direction on: 1. Implementing a 24-hour or overnight warming station 2. Alter the definition of “inclement weather” to consider heat index and/or wind chill as a trigger for opening warming and cooling stations This proposal received Council support for further discussion in a work session. DISCUSSION The City currently operates its inclement weather stations (known as “warming stations” in the winter and “cooling stations” in the summer) under its Inclement Weather Policy (Resolution 19-1648) adopted in 2019. The policy provides a general definition of inclement weather, designates certain City facilities as inclement weather stations, provides for a public outreach and notice process, gives general rules of conduct for inclement weather stations, and other minor provisions. The approach of the policy is to provide structure and guidelines for inclement weather stations that complement existing community resources. The policy does not apply to shelters required under emergency circumstances, such as the shelter established by the City during Winter Storm Uri in 2021. On a seasonal basis, the City establishes its inclement weather plan (attached), a listing of resources available during times of inclement weather. Utilization of Existing Inclement Weather Resources The City of Denton works closely with community partners to provide inclement weather resources for those experiencing homelessness and other vulnerable populations. Both the Salvation Army (40-bed capacity) and the Monsignor King Outreach Center (95-bed capacity) provide overnight shelter on a nightly basis. In turn, the City warming/cooling stations and Our Daily Bread provide refuge from the weather during the day. Community partners also provide critical services that meet the basic needs of food and water in addition to supporting services such as housing assistance and case management. When the operating hours of the overnight shelters and daytime warming stations were evaluated, it is determined that: City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 118 1. There is not a gap in inclement weather resources, i.e. a person can always find refuge from the weather at any time of day, any day of the week. 2. The inclement weather resources, whether overnight shelter or daytime warming station, have not reached or exceeded capacity at any point in the current season. The Junction (Loop 288 Building) The community will soon enhance its services to vulnerable populations with the opening of The Junction. This facility, located on Loop 288, will be a “one-stop-shop”, 24-hour facility that will boast a 152-bed capacity with additional space available for additional temporary beds during inclement weather. The facility will also offer all the services currently provided by our community partners. The facility is set to open in December 2022. City-Operated 24-Hour Inclement Weather Station: Considerations and Challenges The City has evaluated the feasibility of opening a single 24-hour warming station within an existing facility. The considerations and challenges associated with such a project fall into four categories: facility, services, personnel, and supplies. In many ways, a 24-hour warming station will effectively, and by necessity, operate as a shelter with the service requirements of a typical overnight shelter. Facility A primary goal in selecting a facility would be to ensure there is sufficient space for 24-hour station operations, particularly for beds, guest belongings, and any pets that may accompany guests (if pets are permitted). The facility would need to be ADA accessible to ensure it can be used equitably by all. Sufficient outlets for personal or medical devices are an important factor. Importantly, using a facility as a 24-hour station will severely impede if not prohibit the use of the facility for normal City services and operations. Services The City must determine if it is to directly operate the 24-hour warming station itself or seek to hire a third-party operator, though the hiring of a third party will be difficult given the uncertain nature of how often the facility will operate. The City would be required to create service expectations and facility rules that must be followed by guests and enforced by the City. Services to be provided must also be considered, though beds, food, water, medical services, and security are deemed to be essential. If the 24- hour station operates for extended periods, other services, such as case management and mental health services, may be necessary to provide on-site. Providing these services based on an ever-changing weather forecast will be challenging, necessitating the City quickly deploy, then close the services with little time to prepare. There are also legal obligations and liabilities that the City assumes in the operation of a 24-hour station which will require further research. Personnel If the City is unable to procure a third-party vendor, City staff will be used for 24-hour station operations. Prior to opening the station, it will be critical for staff to receive sufficient training in shelter operations, safety, and working with vulnerable populations. The City expects to require two staff persons plus a supervisor, one security personnel, and an EMS crew (two persons) available to meet the needs of the 24- hour station. These staff would work on an overtime basis and the lack of dedicated staff could potentially further reduce the City’s ability to provide services. Due to the impact of COVID-19 on overall staffing levels, there is currently insufficient staffing availability to operate a 24-hour warming station. Supplies The procurement and storing of supplies would present a minimal challenge for the City, though supply chain constraints of some items may impact the availability of some supplies. Due to the uncertainty of 119 the number of days the 24-hour station would operate and the number of guests accommodated, the City would purchase and store the maximum number of supplies needed to operate the station throughout the season. Cost Estimate Without further research and council direction, staff are only able to provide preliminary cost estimates for the operation of a 24-hour warming station. Assumptions in the cost estimate include: • Use of an existing City facility and the need for portable showers • Use of existing city equipment such as beds and animal crates • Use of city staff, primarily on an overtime basis, for 24-hour station support • The use of two EMS staff and one police officer • Ordering from a local food establishment for meals twice per day With these assumptions, there are still significant unknown costs including training, medical supplies, and program administration. Factors that may further increase costs include changes to the definition of “inclement weather” within the Inclement Weather Policy, the use of third-parties for operations, and any additional overtime that may be required. Cost estimates are summarized below for a “typical” season of 30 inclement weather days and a “severe” season of 45 weather days. Category Typical Season (30 days) Severe Season (45 days) Facility $5,000 $9,000 OT Staffing: • Support • Medical • Safety $250,100 $375,200 Supplies $51,100 $74,600 Total Estimated: $306,200 $458,800 Importantly, there is no available funding for the operation of a 24-hour station and staff would need direction regarding how funding would be reallocated from existing services to fund the station. Alternative Option: Support the Enhancement of Existing Resources As a more cost-efficient alternative, Council may consider enhancing the existing services provided by community partners through additional funding or the provision of an ancillary service. Additional funding would enable nonprofit service providers to expand services during inclement weather or an emergency such as increasing hours of operation, increasing security, or increasing supplies so that more individuals may be served. Additionally, the City could provide a good or ancillary service that supports the work of our community partners, such as funding additional hotel rooms, renting shower or laundry trailers, or assisting in the development of a volunteer network. Summary 120 The current Inclement Weather Policy and plan complements existing community resources and there is currently no gap in service during inclement weather. Additionally, local overnight shelters have not yet met capacity and an additional City-run 24-hour warming station may prove duplicative and not address barriers that keep individuals from using existing overnight shelters. A 24-hour, non-emergency warming station presents significant challenges regarding staffing, service provision, and the operational impacts of repurposing an existing city facility on short notice for an undetermined amount of time. Furthermore, the new facility on Loop 288 (The Junction) will provide 24- hour service, increase the number of available beds, and is scheduled to open in December of this year. If Council direction is given to proceed with the opening of a 24-hour inclement weather station, staff would seek Council direction on any changes to the definition of “inclement weather” that might trigger the opening of the station. Importantly, there is currently insufficient staffing availability to operate a 24- hour warming station. RECOMMENDATION: Due to staffing availability and the ability to leverage costs more efficiently, if there is a desire by the Council to provide additional resources during inclement weather, staff recommends that the City find avenues to further support community service providers through additional funding or by providing an ancillary service. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Jan. 11, 2022 – Successful 2-minute pitch by Council Member Armintor EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Presentation Exhibit 3 – Ordinance 19-1648 (Inclement Weather Policy) Exhibit 4 – Inclement Weather Plan – Winter 2022 Respectfully submitted: Ryan Adams Interim Chief of Staff Dani Shaw Community Services Director Gary Packan Parks and Recreation Director Jennifer Bekker Director of Libraries 121 Inclement Weather Shelter Discussion Feb. 1, 2022 City Council Work Session 122 Direction from Jan. 11 Work Session •Request to augment Inclement Weather Policy to include: •One overnight/24-hour inclement weather station •Change in definition of “inclement weather” that considers heat index and wind chill •Direction to hold work session that addresses the request 123 Inclement Weather Policy Background •Inclement Weather Policy •Resolution 19-1648, July 25, 2019 •Policy Summary o General definition of Inclement Weather o Designated certain City facilities as Inclement Weather Stations o Public Outreach and Notification process o General Rules of Conduct in Facilities o Use of City facilities for the relocation of outdoor special events during inclement weather •Winter Storm Uri Policy Approach •Structured and Consistent Guidelines •Compliment Existing Community Resources 124 125 126 Availability Comparison Monday Tuesday Wednesday Thursday Friday Saturday Sunday 12 a.m.6 p.m.6 a.m.Noon 12 a.m. Community Partner Overnight Shelters City Warming Stations 127 Services Provided by Community Partners •Basic Needs: o Emergency Beds o Food o Water •Supportive Services: o Case Management o Housing Assistance o Transportation o Hygiene, Showers, Clothing, Laundry o Employment and Education o Legal Services 128 Loop 288 Building (24/7, 365 Operation) •“One-stop shop” of services •Increases number of beds going from 95 to up to 152 beds o Emergency Shelter -120 Beds (10 Rooms, 6 Bunks) o Enhanced Shelter -16-32 Beds (12 Rooms, 4 ADA) •Center area (Dining Hall) is a Flexible Use Space o Additional temporary beds during Inclement Weather •Planned Opening: Dec. 2022 129 Summary of Impact of Recent Weather •City facility utilization during recent inclement weather (Jan. 2022) •Libraries -28 •Recreation Centers –11 •Fire Stations -0 SHELTER USE Max. Available Jan Avg.1-Jan 2-Jan 7-Jan 8-Jan 9-Jan 10- Jan 15- Jan 16- Jan 17- Jan 19- Jan 20- Jan 21- Jan 22- Jan 23- Jan Monsignor King Outreach Center (beds) 95 70 58 64 73 67 68 70 64 68 66 74 84 77 73 67 Deluxe Inn (rooms)10 6 10 10 1 1 1 1 7 7 7 8 8 8 8 8 Salvation Army (beds)40 21 21 21 20 21 25 23 20 17 13 20 21 23 24 19 130 Why Persons May Not Seek Shelter •May include one or more: •Possessions •Partners including family size/composition, friends •Pets •Transportation •Lack of understanding how a shelter may provide flexible access •Perception that shelters are full •Mental health such as PTSD and anxiety with large groups •Behavioral health such as substance use •Additional sites may not address barriers 131 Discussion of Potential Options •Develop 24-Hour Inclement Weather Station as a City Service, •Support Enhancing Existing Resources, or •Other direction Then: •Adapt Policy accordingly, including temperature thresholds 132 City 24-Hour Inclement Weather Station Considerations and Challenges •FACILITIES o Which City Facility? •SERVICES o What Services should be provided? •PERSONNEL o Who will Staff it? •SUPPLIES o What Supplies should be shared? 133 FACILITY (24/7 Operations) ADVANCE PREPARATION OPENING THE FACILITY SUSTAINING OPERATIONS •Site Selection: o Accessible location o Facility Amenities o ADA, Restrooms, Showers, and Adequate Space, HVAC o Space: o Meets needs for specialized purposes (e.g., first aid, play, quiet, pets, storage). •Continued all-hazard accessibility •Utilities: •Continuous electricity •Sufficient outlets available for medical/personal devices •Safety hazards are mitigated •Facility cleaning especially in sensitive, high-use areas •Backup site in case selected facility goes offline ADDITIONAL CHALLENGES •Impact of taking a facility offline to existing programs and operations, then online again •Legal requirements of opening an overnight facility vs. a daytime-only facility or emergency facility 134 SERVICES ADVANCE PREPARATION OPENING THE FACILITY SUSTAINING OPERATIONS •Create Rules and Guidelines •Expected level of service •Expectations for users •OR, Alternate third-party service provision options beyond basic needs: •Clothing; Transportation; Case Management; Connection to Housing Assistance; etc. •Set Hours •Provision of Basic Needs minimum: •Beds/Blankets •Food •Water •Health: Hygiene and Shower •Medical •EMS/paramedic •Refrigeration for medications •Other Urgent Service Needs •e.g. mental health services CHALLENGES •Scaling up and down services for short-term response (i.e. single day inclement weather •Limited availability of third-party in an emergency •Liability assumed by City in operation 135 PERSONNEL (24/7 Operations) ADVANCE PREPARATION OPENING THE FACILITY SUSTAINING OPERATIONS •Training: o Emergency response o Safety and Security response including physical violence, theft, medical emergency, etc. o Working with vulnerable populations •Staff Availability o Existing vs. additional staff •24/7 Staffing Schedule •Medical personnel o EMS, Paramedic •Safety and Security Personnel o Police or Security Firm •Impact on Staffing for Existing Programs and Operations o Reallocation of staff for short and long-term basis ADDITIONAL CHALLENGES •24/7 staffing (including staff availability due to COVID-19) for facility operations, providing for basic needs, etc. •Placing City staff in situations they are not prepared to handle (non-traditional role) •Physical demand on staff working overnight shifts (non-traditional hours) •Impact of diverting staff from existing programs and operations •Unanticipated Logistics Challenges such as scale-up operation for a single day need 136 SUPPLIES ADVANCE PREPARATION OPENING THE FACILITY SUSTAINING OPERATIONS •Storage of equipment and supplies on-site •Coordinating supplies from nonprofits o Hygiene/clothing •Delivery of supplies o Beds/Bedding o Food o Water •Set-up Facility •Other Life Saving •Hygiene •Pet Supplies •Purchase additional supplies Cleaning, Food, Water •Restock Bedding •Medication CHALLENGES •Uncertainty of need or frequency of use of supplies 137 Total Preliminary Cost Estimate •Significant Unknown Costs: •Training, Utilities, Medical Supplies, Program Administration •Potential Cost Increase Factors: •Changes to the definition of “inclement weather” •Use of third-party(ies) for operations •Additional overtime required •Funding Source Not Identified Category Typical Season (30 days) Severe Season (45 days) Facility $5,000 $9,000 OT Staffing: Support Medical Safety $250,100 $375,200 Supplies $51,100 $74,600 Total Estimated:$306,200 $458,800 138 Support the Enhancement of Existing Resources •Funding allocation to nonprofit service providers to expand services during an extreme weather event or crisis: •Additional hours •Increased security •Supplies to increase numbers served •Provide goods or an ancillary service, such as: •Additional hotel rooms •Showers/laundry trailers •Support/develop a volunteer network 139 Modifying Inclement Weather Definition •Support Enhancing Existing Resources: o Since city facilities are available during normal operating hours, remove temperature thresholds from the inclement weather definition entirely to reduce confusion. •Develop 24-Hour Inclement Weather Station as a City Service: o Seek direction on chill/heat index thresholds for when 24/7 Inclement Weather Station would be initiated. •Other direction 140 Summary •Current policy complements existing resources; shelters have not met capacity •24-hour, non-emergency stations present significant challenges •Staffing •Service provision •Operational impacts •Shelter service infrastructure exists •City shelter may be duplicative •May not address barriers •Loop 288 facility (online in 2022) will provide 24-hour service •Logistical challenges of quickly ramping up short-term or sustaining long-term services •Current staffing availability cannot currently support a 24-hour station 141 Recommendation •Continue to support community providers •If Council chooses to enhance existing services, options include: o Funding for staffing to open extended hours o Funding for supplies to serve more people o Resources for expanding additional site or existing space o Increase hotel rooms, increase staff to manage additional hotel locations o Other Ancillary supports such as: ▪Shower/laundry trailers ▪Increase volunteer corps 142 Direction •Options: 1.Begin preparations to open a 24-hour inclement weather station •Communicate Timetable to Council •Seek additional direction on any changes to the “trigger” for opening shelter 2.Work with community service providers to enhance their services •Report to Council on Plan and Progress 3.Continue under current policy and plan 143 RI:SOI,U"I'ioN No. 19-1648 A RESOI lJT10N OF THE CI'TY OI DLN'TON, 'I'XAS STnI3LISHING A i1SE OF CITY rnCIi,l"1 IrS FOR INCLCMCNT WFATI-IL;R POI,cY rirr n NCr NUMB R 500,07; AND DI;CLARING AN EIaI TC'I IVE DATE, WI-I R AS, the City of Denton desires to adopt a ilse of City Facilities for Inclement Weadler Policy; and WH REAS, the policy will establish structured and consisteni, citywide guidelines for an inclement weatller communication plan, the use of certain city facilities as inclement weather stations durin operating hours, and the use of Parks and Recreation facilities after-hours far the elocation o1'outdoor special events durin inclement weather; and WII P CAS, th City Ccruncil il e t7a it in tlre pulilic i ile`e5l tu a lu}l llie ulicy; NOW, THLRCFORF, THE COiJNC1I, OP THC CI`1'Y OF DENTON HL;RrI3Y R SOLVL;S; l_;4 '1"I(I` 1. The U.se qf Cily Facilildes,fnr• Inclement Weather Policy Reference Numbe• 500.07, which is attachcd hereto and made a part hereof for all purposes, is hereby appraved and adopted as an official policy of tlie City of Denton. S 1 11 1 ?,, All E olicies inconsisient herewith are hereby repealed. SEC„T„I„O„N 3, This Resolution shall become effective immediately upon its passage and approval. 1'he motion to approve this resolt t rr s was mad by _ '' " nyy _ approved l ded ebollowing vote_ , ; - the resolut n was passed andY , _ N Chris Watts, Mayor; Gerard Hudspeth, Dish•ict 1: Kecly CJ. I3ri gs, District 2: Jesse L. Davis, Distriet 3: John Ryan, District 4; Deb Armintor, At Large Place 5; Paul MelYzer, At I.,arge Place 6: y Nay Abstain Absent 144 PASSED AND APPROVED this the ' day of m "" 2019w ATTEST; ROSA RIOS, CITY SECRETARY BY: ' APPROVED AS TO LEGAL FORM: i VV 4" N , MAYOR 145 r ir r''' f, r' % k 1 .: R ; , , '. :: sECTtoN: GENERAL POLICIES/PROCEDURES/DIRECTIVES REFE NCE NUMBER: 500.07 svBJECT: USE F CITY FACILITIES F INCLE ENT p r`'I- '°`' '°, EATHE i TiTLE: USE OF CITY FACILITIES FOR INCLEMENT LAST REvisiorr DaTE: EAT E POLICY TATEMENT M. . . - , - . . - r . . . - . . r t` , . . ii 1 i . . . 1 - , . 1r i f # N,rroc, i co; "'"'h lqa,c° ^ Inclement Weather can generally be defined as abnormal weather conditions with extreme temperatures or extreme weather conditions. For the purposes of this policy, Inclement Weather will be defined as any day when one or more ofthe following conditians is met: 1) the temperature low is expected to fall below 32 degrees, 2) when the ternperature high is expected to exceed 100 degrees, or 3} the City has declared an emergency for weather conditions such as snow/ice, hail, severe flooding, etc. i y . ',,. f 1' :' . N- . ' '. E , '. 1 i i . '. . ... i 1 i i+ 1, 1 i w i. 1 s 1 . , 7/ 19/2d 19 146 USE OF CITY FACILITIESAND MEETING ROOMS ="' ': i I',a;d a a3f — An organization with a 501(c)(3} tax status specifically formed for purposes other than operating a profit-seeking business. K r a iu 1. eneral ui elines far Incle ent eat er Statio s: M w . s ,_ . . . . . r . - . y 1~ r- r i , . . . . . . . . , . . . . , .. r , , r , . . • • r - . . . .., r r . . , - - i . . 1.3. General Rules of Conduct r . 1 ` E - - . ~ . 1 .' , i I M . 1 1 .. i, M 1 i i f I f 1. ` , 1 . f • 1 1 y E . . . li ` , S ` . I,i .,. . . . i . .. . . . .. . ., ^ ` i ` i ......... ' .: M : f f •.. .... - 07/16/19 147 USE OF CITY FACILITIES AND MEETING ROOMS I REFERENCE NUN1aEx: 500.07 d. Engages in conduct that disrupts or interferes with the normal operation of the facility/program or that disturbs City staff or individuals. Such condtzct includes, but is not limited to, disregard of staff directives, abusive or threatening Ianguage or gestures, unreasonably loud or boisterous physical behavior or noise. e. Ir tentionally destroys, dama es, or defaces any City or other individual's property. f. rings in articles that create a hazard for other individuals by their size, condition or substance. g. Interferes with the free passage of City staff or other individuals into or out of any part of the facility. h. Brings animals inside of the facility other than those assisting persons with disabilities. i. Fails to wear shoes or shirts at all times inside af the facility. 2. ar s acilitres i , r , . - _ , . w r . r t r- s, w. . , , r r . r , r M . r , 4 , r - . . . r. .. ; .. . , . . . , . . . 1 ' . 1' 1 ' !, ., . . . . r , . f . ., , i'' 1' it . i1 f . i , 1 ' . 1 1 ` . i 1,.' , ,.... i .,. lA . 1 1.' ` i k 1 C 1 1 , . . . . r, , 1, ! i, I IV - . f 1 ` 4i 1 t I ., .. M ......... ,....... 1 ........ i` . . .:.II ` ... . M......... ..:,. 1 i' . 1. . .. 1 s i r. . . . 07/16/19 148 w , . w , r 1,;; USE OF CITY FACILITIES AND MEETING ROOMS REF'ERENCE Nur BEn. 500.07 North Lakes Recreation Center (2001 W. Windsor Dr.} The following Parks Facilities are designated as warming and cooling stations and will be made available to individuals age Sd and above in accordance with the facility's use and membership requirement. i . .. . ii 1 i ` . li ' If 1 f , , " i - ." t Ii' . . 1' . . . . ., . . ., w 1 'I t 1 , 1 F,` s 1 s . . w r . ., 1 ,` i ` '' N f i !` 1 i. 1 f 1 1 t+ E' ; 1 1 1 i i ' `' 1 ' ' . i . 1 1 f i s . y .:i .... :1 .i 'f + #.... j..... i i, f , w i f 1 `, . 1 : . M' ., ` 1 A 1 '' 1 will be reviewed on a case-by-case basis. 4. In cases of unforeseen weather conditions, the City Manager or his/her designee can authorize the use of a PARD facility. 5. Availability for inclement weather-related use will be considered under the following conditions: a. Temperatures, actual or wind chill, fall below 32 degrees. b. Daytime heat index expected to meet or exceed 105 degrees or daytime air temperature exceeds 103 degrees (National Weather Service Heat Advisory) c. Storm conditions that include hail d. Any amount of freezing rain, or when 2 to 4 inches of snow (alone or in cornbination with sleet and freezing rain) is present (National Weather Service Winter Weather Advisory} 6. A review of programs, activities, and special events will be performed by PARD staff to identify and evaluate potential conflicts of the requested use with on-going and/or scheduled events. Staff will provide direction and recommendations with the primary goal of ensuring a safe environment for all users. 7. City Policy 500.06 Use of City Pacilities and Meeting Rooms Section 6.2 Priority will be used as a guide in recommending and providing accommodations. a. Parks Department programs and staff; 0?/16/19 149 M ,, ,, *, , r;r . USE OF CITY FACILITIES AND MEETING ROOMS I REFERENCE NUMBER: sao.a b. Community building rentals; c. City sponsored or co-sponsored activities; d. City Boards and Commission meetings; e. Meetings of City staff; f. Uses requested hy agencies or officials of local, county, state, or federai y y .. , . ., .. , - w . , . . . , r M ,, ` r ' r - r. - . 1 f M ., , F ' s i .. . . . i : i i i. ........ .,. . 1 , 1 i . . . , 1 ` y `fi i , 3. Library Facilities 3.1. Overview: Denton Public Library faciiities are designated locations for inclement weather stations. 3.2. riorities an Co icts: Library staff is responsible for providing a safe, clean, and comfortable environment for all library users. To that end, staff will evaluate activities and programs in progress for conflicts with the activation of inclement weather use. 1. Conflicts can include, but are not limited to, incompatible use with special events or separation between minors in library programs with adixlt users. It may be necessary to designate a staging area for inclement weather users that does not interfere with or pose a safety issue to ongoing programs or activities. Temporary relocation of inclement weather activities will also be considered until conflicts are resolved and a i - . ` . 2. Additionally, staff will review any scheduled programs, events, or activities that may conflict with the activation of inclement weather use. Program and event organizers will be notified as soon as possible of any potential conflicts in use. Similar actions will be evaluated such as establishing designated areas or te porary relocation to resolve any potential issues. 3.3. les of o uct: All library users are subject to the Rules of Conduct for library facilities. 3. . Incle e t eat er 5tation ocations a ours: The following Library facilittes are designated inclement weather stations and will be made available to the public during normal operating hours. Emily Fowler Central Library (Sd2 Oakland St.}, normal operating hours 07/16/19 150 r w, rw . ,: . . r r.;: USE OF CITY FACILITIESAND MEETING ROOMS r FEr ENCE N MBEx: I 500. 07 r , w- r . : -. - . . _ 4. Fire Stations r - , -. . . . , , . , r r , - • - , ., M - . , . . . ., . r - ,. . . . . . , . r, - , . . . - . . . , . ,, . . r . w. . . . . . . , . . r • i * . . r . .- -. - . . r , . . r, - , . . , - . , i, 1 r ,. . 1 : 1 r M . w r , . , 07/16/19 151 Facility openings, hours, and services are subject to change. Please check with the location/agency to confirm.  V: December 15, 2021  Information for Accessible Public Facilities and Community Service  Providers During Inclement Weather   Winter 2021/22, Denton, TX      WINTER 2021/22 ‐ When extreme temperatures are forecast, facilities below will be open and accessible  as Inclement Weather Stations. Due to COVID‐19, facility openings, hours, and services are subject to  change.     Community Service Providers ‐ Community service organizations may provide expanded hours and  services in the winter for inclement weather.  Please check with the location/agency to confirm.    Warming Center: Access to restrooms, hand washing, water fountains, and sitting area(s)  Our Daily Bread   (940) 566‐1308 300 W. Oak St. Ste. 100  Monday – Friday  9:00 a.m.  ‐  4:00 p.m.   Call (940) 566‐1308 to inquire about inclement weather services and hours.    Salvation Army Denton   (940) 566‐3800 1508 E. McKinney St.  Monday‐Friday  12:00 p.m.  ‐  5:00 p.m.   Call (940) 566‐3800 to inquire about inclement weather services hours.    Meals/Food:   Our Daily Bread   (940) 566‐1308 300 W. Oak St. Ste. 100  Monday – Friday  9:00 a.m.  ‐  1:30 p.m.  Saturday  9:00 a.m.  ‐  12:45 p.m.   Salvation Army Denton   (940) 566‐3800 1508 E. McKinney St.  Monday‐Friday  5:30 p.m.  ‐  6:00 p.m.    Shelter Overnight:  Our Daily Bread Monsignor King Outreach Center (MKOC) Shelter  (940) 514‐1007 300 S. Woodrow Ln  Daily*  5:30 p.m.‐  9:00 a.m.  Call (940) 268‐2968 to inquire about inclement weather openings.    Salvation Army Denton   (940) 566‐3800 1508 E. McKinney St.  Daily  4:00 p.m.  ‐  7:00 a.m.        152 Information for Inclement Weather Centers ‐ Denton, TX 2   Facility openings, hours, and services are subject to change. Please check with the location/agency to confirm.  V: December 15, 2021   City of Denton Public Facilities – In addition to community Meals, Overnight Shelters, Warming Centers,  and Water Stations, the following City facilities that are heated with public access to restrooms, water  fountains, and sitting areas are available during normal operating hours for those needing a place to  temporarily escape the winter weather. Please check with the location to confirm.     Parks & Recreation Centers: Public access to restrooms, hand washing, water fountains, and  sitting area.  Denton Civic Center  (940) 349‐7275 321 E. McKinney St.  Monday – Friday  8:00 a.m. ‐  7:00 p.m.  Denton Senior Center  (940) 349‐8720 509 N. Bell Ave.  Monday – Friday  8:00 a.m. ‐  8:00 p.m.  Denia Rec Center  (940) 349‐8285 1001 Parvin St.  Monday – Friday  10:00 a.m. ‐  7:00 p.m.    Saturday  9:00 a.m. ‐ 2:00 p.m.  MLK Jr. Rec Center  (940) 349‐8575 1300 Wilson St.  Monday – Friday  9:00 a.m. ‐  7:00 p.m.    Saturday  9:00 a.m. ‐ 4:00 p.m.  North Lakes Rec Center  (940) 349‐8287 2001 W. Windsor Dr.  Monday – Friday  5:00 a.m. ‐  10:00 p.m.   Saturday  7:00 a.m. ‐ 4:00 p.m.     Public Libraries: Public access to restrooms, hand washing, water fountains, limited seating, and  first come, first served computer access. Some areas and services may remain unavailable at this  time to maintain social distancing and a safe library environment for library patrons.  Emily Fowler Central  (940) 349‐8752 502 Oakland St.  Mon, Wed, Fri, Sat  9:00 a.m. ‐  6:00 p.m.    Tues & Thurs  9:00 a.m. ‐  9:00 p.m.    Sunday  1:00 p.m. ‐ 5:00 p.m.  North Branch Library  (940) 349‐8752 3020 N. Locust St.  Thurs, Fri, Sat  9:00 a.m. ‐  6:00 p.m.    Mon, Tues, Wed  9:00 a.m. ‐  9:00 p.m.    Sunday  1:00 p.m. ‐ 5:00 p.m.     153 Information for Inclement Weather Centers ‐ Denton, TX 3   Facility openings, hours, and services are subject to change. Please check with the location/agency to confirm.  V: December 15, 2021   South Branch Library  (940) 349‐8752 3228 Teasley Ln.  Tues, Thurs, Fri, Sat  9:00 a.m. ‐  6:00 p.m.    Wednesday  9:00 a.m. ‐ 9:00 p.m.    Monday  12:00 p.m. ‐ 9:00 p.m.    Sunday  1:00 p.m. ‐ 5:00 p.m.     Fire  Stations: Public  access  to  restrooms,  hand  washing,  water  fountains,  and sitting  area.  Hours and services are subject to change.   Station 1: Central Fire Station  332 E. Hickory St.  Monday – Friday  8:00 a.m.  ‐  5:00 p.m.   Fire stations where the public can access restrooms, hand washing, and water fountains.  No sitting areas are available.  Station 2: 110 Mockingbird Ln.  Monday – Sunday  8:00 a.m.  ‐  9:00 p.m. Station 3: 1401 Underwood St.  Monday – Sunday  8:00 a.m.  ‐  9:00 p.m. Station 4: 2110 E. Sherman Dr.  Monday – Sunday  8:00 a.m.  ‐  9:00 p.m. Station 5: 2230 W. Windsor Dr.  Monday – Sunday  8:00 a.m.  ‐  9:00 p.m. Station 6: 3232 Teasley Ln.  Monday – Sunday  8:00 a.m.  ‐  9:00 p.m. Station 7: 4201 Vintage Pkwy.  Monday – Sunday  8:00 a.m.  ‐  9:00 p.m. Station 8: 3131 S Colorado Blvd. Monday – Sunday  8:00 a.m.  ‐  9:00 p.m.   Find Help! Call 211 or (940) 566‐2688.  DON’T WAIT FOR SEVERE WEATHER TO START HELPING!  Outreach and service providers need gear they can pass out, for folks outside during the summer  heat, and to have in reserve during an emergency. Having the right gear staged in the right places  before a crisis will help provider’s better focus on direct services and life‐saving efforts in the  moment. Winter needed items include: water, reusable water bottles, wet wipes, coats, gloves,  hats, blankets or sleeping bags, socks, and rain ponchos.    Visit https://www.ourdailybreaddenton.org/ to learn more about how to volunteer and donate.    To learn more about how to volunteer and donate visit:   Our Daily Bread: https://www.ourdailybreaddenton.org/  Monsignor King Outreach Center: https://www.kingoutreachcenter.com/    Salvation Army Denton: https://salvationarmyntx.org/north‐texas/denton/  Giving Hope, Inc ‐ Street Outreach Program: https://hopeincdenton.com/     154 Las aperturas, horarios y servicios de las instalaciones están sujetos a cambiar. Por favor, consulte con el lugar/agencia  para confirmar. V: 15 de diciembre de 2021  Información para Instalaciones Públicas y Proveedores de Servicios Comunitarios  Durante las Inclemencias del Tiempo  Invierno 2021/22, Denton, TX      INVIERNO  2021/22  ‐ Cuando  se  pronostican  temperaturas  extremas,  los  lugares  abajo  estarán  abiertos  y  accesibles como Estaciones Durante Inclemencias del Tiempo. Debido a COVID‐19 las aperturas, las horas y  servicios de las instalaciones están sujetos a cambiar. Por favor, consulte con el lugar/agencia para confirmar.    Proveedores de Servicios Comunitarios: Las organizaciones de servicios comunitarios brindan proporcionar horas  y  servicios  adicionales  en  el  invierno  durante  inclemencias  del  tiempo.  Consulte  con  el  lugar/agencia  para  confirmar.    Centro de calentamiento:  Acceso a los baños, lavado de manos, fuentes de agua y área(s) para sentarse.  Our Daily Bread   (940) 566‐1308  300 W. Oak St. Ste. 100 lunes – viernes  9:00 a.m.  ‐  4:00 p.m.   Llame al (940) 566‐1308 para preguntar sobre los servicios y horarios de inclemencias del  tiempo.    Salvation Army Denton   (940) 566‐3800  1508 E. McKinney  St. lunes – viernes  12:00  p.m.  ‐  5:00 p.m.   Llame al (940) 566‐3800 para preguntar sobre las horas de los servicios de inclemencias  del tiempo.    Comidas/Alimentos:   Our Daily Bread   (940) 566‐1308  300 W. Oak St. Ste. 100 lunes – viernes 9:00 a.m.  ‐  1:30 p.m.   sábado  9:00 a.m.  ‐  12:45 p.m.   Salvation Army Denton   (940) 566‐3800  1508 E. McKinney St. lunes – viernes  5:30  p.m.  ‐  6:00  p.m.    Refugio Durante la Noche:  Our Daily Bread Monsignor King Outreach Center (MKOC) Shelter  (940) 514‐1007  300 S. Woodrow Ln Diario* 5:30 p.m.‐  9:00 a.m.   Llame al (940) 268‐2968 para preguntar sobre las aperturas de inclemencias del tiempo.    Salvation Army Denton   (940) 566‐3800  1508 E. McKinney St. Diario 4:00 p.m.  ‐  7:00 a.m.      155 Información para los Centros de Inclemencias del Tiempo ‐ Denton, TX 2   Las aperturas, horarios y servicios de las instalaciones están sujetos a cambiar. Por favor, consulte con la ubicación / agencia para confirmar.  V: 15 de diciembre de 2021   Lugares Públicas de la Ciudad de Denton: Además de las comidas, los refugios durante la noche, los centros de  calentamiento y las estaciones de agua en la comunidad, las siguientes de la Ciudad lugares están disponibles con  acceso público a baños, fuentes de agua y área(s) para sentarse durante las horas normales de operación para los  que necesitan un lugar para escapar temporalmente el frio.     Parques y Centros de Recreación: Acceso público a baños, lavado de manos, fuentes de agua y área de  descanso.  Denton Civic Center   (940) 349‐7275  321 E. McKinney St.  lunes – viernes 8:00 a.m. ‐  7:00 p.m.  Denton Senior Center   (940) 349‐8720  509 N. Bell Ave.  lunes – viernes  8:00 a.m. ‐  8:00 p.m.  Denia Rec Center   (940) 349‐8285  1001 Parvin St. lunes – viernes 10:00 a.m. ‐  7:00 p.m.   sábado 9:00 a.m. ‐ 2:00 p.m.  MLK Jr. Rec Center   (940) 349‐8575  1300 Wilson St.  lunes – viernes 9:00 a.m. ‐  7:00 p.m.   sábado 9:00 a.m. ‐ 4:00 p.m.  North Lakes Rec Center   (940) 349‐8287  2001 W. Windsor Dr.  lunes – viernes  5:00 a.m. ‐  10:00 p.m.   sábado 7:00 a.m. ‐ 4:00 p.m.     Bibliotecas Públicas: Acceso público a baños, lavado de manos, fuentes de agua, asientos limitados y  acceso a computadoras por orden de llegada. Es posible que algunas áreas y servicios no estén disponibles  en este momento para mantener el distanciamiento social y un entorno de biblioteca seguro para los  usuarios de la biblioteca.    Emily Fowler Central   (940) 349‐8752  502 Oakland St. lunes, miércoles, viernes,  sábado 9:00 a.m. ‐  6:00 p.m.   martes y jueves 9:00 a.m. ‐  9:00 p.m.   domingo 1:00 p.m. ‐  5:00 p.m.  North Branch Library   (940) 349‐8752  3020 N. Locust St.  jueves, viernes, sábado  9:00 a.m. ‐  6:00 p.m.   lunes, martes, miércoles  9:00 a.m. ‐  9:00 p.m.   domingo 1:00 p.m. ‐  5:00 p.m.        156 Información para los Centros de Inclemencias del Tiempo ‐ Denton, TX 3   Las aperturas, horarios y servicios de las instalaciones están sujetos a cambiar. Por favor, consulte con la ubicación / agencia para confirmar.  V: 15 de diciembre de 2021   South Branch Library   (940) 349‐8752  3228 Teasley Ln. lunes, martes, jueves,  viernes, sábado 9:00 a.m. ‐  6:00 p.m.   lunes 12:00 p.m. ‐ 9:00 p.m.   miércoles 9:00 a.m. ‐ 9:00 p.m.   domingo 1:00 p.m. ‐ 5:00 p.m.     Estaciones de Bomberos: Acceso público a baños, lavado de manos, fuentes de agua y área(s) para  sentarse. Los horarios y servicios están sujetos a cambios.  Estación 1: Central Fire Station  332 E. Hickory St. lunes – viernes  8:00 a.m.  ‐  5:00 p.m.   Estaciones de bomberos donde el público puede acceder los baños, lavado de manos y fuentes de agua.  No hay área(s) para sentarse.  Estación 2: 110 Mockingbird Ln.  lunes –  domingo  8:00 a.m. ‐  9:00 p.m.  Estación 3: 1401 Underwood St.  lunes – domingo  8:00 a.m. ‐  9:00 p.m.  Estación 4: 2110 E. Sherman Dr.  lunes –  domingo  8:00 a.m. ‐  9:00 p.m.  Estación 5: 2230 W. Windsor Dr.  lunes –  domingo  8:00 a.m. ‐  9:00 p.m.  Estación 6: 3232 Teasley Ln.  lunes –  domingo  8:00 a.m. ‐  9:00 p.m.  Estación 7: 4201 Vintage Pkwy.  lunes –  domingo 8:00 a.m. ‐  9:00 p.m.  Estación 8: 3131 S Colorado Blvd.  lunes – domingo  8:00 a.m. ‐  9:00 p.m.      ¡Encuentra ayuda! Llame al 211 o al (940) 566‐2688.  ¡NO ESPERE A QUE EL CLIMA SEVERO PARA COMENZAR A AYUDAR!  Los proveedores de servicios y de alcance necesitan equipo que puedan repartir, para las personas  afuera durante el frio del invierno, y para tener en reserva durante una emergencia. Tener el equipo  adecuado en los lugares correctos antes de una crisis ayudará a los proveedores a enfocarse mejor en  los servicios directos y los esfuerzos para salvar vidas en el momento.  Los artículos necesarios para  el  invierno  incluyen: agua,  botellas  de  agua  reutilizables,  toallitas  húmedas,  abrigos,  guantes,  sombreros, sacos de dormir, calcetines y ponchos de lluvia.  Visita https://www.ourdailybreaddenton.org/  para obtener más información sobre cómo ser voluntario  y donar.  Para obtener más información sobre cómo ser voluntario y donar, visite:   Our Daily Bread:  https://www.ourdailybreaddenton.org/    Monsignor King Outreach Center:  https://www.kingoutreachcenter.com   Salvation Army Denton:  https://salvationarmyntx.org/north‐texas/denton/  Giving Hope, Inc ‐ Programa de Alcance a las Calles: https://hopeincdenton.com/  157 Información para Instalaciones Públicas y Proveedores de Servicios Comunitarios Durante las Inclemencias  del Tiempo  4   Las aperturas, horarios y servicios de las instalaciones están sujetos a cambios. Por favor, consulte con la ubicación /  agencia para confirmar. V: 1 de diciembre de 2021       ¡Encuentra ayuda! Llame al 211 o al (940) 566‐2688.  ¡NO ESPERE A QUE EL CLIMA SEVERO PARA COMENZAR A AYUDAR!  Los proveedores de servicios y de alcance necesitan equipo que puedan repartir, para las personas  afuera durante el frio del invierno, y para tener en reserva durante una emergencia. Tener el equipo  adecuado en los lugares correctos antes de una crisis ayudará a los proveedores a enfocarse mejor en  los servicios directos y los esfuerzos para salvar vidas en el momento.  Los artículos necesarios para  el invierno incluyen:  agua, botellas de agua reutilizables, toallitas húmedas, abrigos, guantes,  sombreros, sacos de dormir, calcetines y ponchos de lluvia.    Visita https://www.ourdailybreaddenton.org/  para obtener más información sobre cómo ser voluntario  y donar.    Para obtener más información sobre cómo ser voluntario y donar, visite:   Our Daily Bread & Monsignor King Outreach Center:   https://www.ourdailybreaddenton.org/  Salvation Army Denton:  https://salvationarmyntx.org/north‐texas/denton/  Giving Hope, Inc ‐ Programa de Alcance a las Calles: https://hopeincdenton.com/    158 Parks & Recreation Centers:Denton Civic Center 321 E. McKinney St. Mon.-Fri. 8 a.m.-8 p.m. Denton Senior Center (Ages 50+ only) 509 N. Bell Ave. Mon.-Fri. 8 a.m.-8 p.m. Denia Rec Center 1001 Parvin St. Mon.-Fri. 10 a.m.-7 p.m. Sat. 9 a.m.-2 p.m. MLK Jr. Rec Center 1300 Wilson St. Mon.-Fri. 9 a.m.-7 p.m. Sat. 9 a.m.-4 p.m. North Lakes Rec Center 2001 W. Windsor Dr. Mon.-Fri. 5 a.m.-10 p.m. Sat. 7 a.m.-4 p.m Public Libraries:Emily Fowler Central Library 502 Oakland St. Mon., Wed., Fri. & Sat. 9 a.m.-6 p.m. Tues. & Thurs. 9 a.m.-9 p.m. Sunday 1-5 p.m. North Branch Library 3020 N. Locust St. Mon.-Wed. 9 a.m.-9 p.m. Thurs.-Sat. 9 a.m.-6 p.m. Sunday 1-5 p.m. South Branch Library 3228 Teasley Ln. Mon. Noon-9 p.m. Tues. & Thurs.-Sat. 9 a.m.-6 p.m. Wed. 9 a.m.-9 p.m. Sun. 1-5 p.m. City of Denton facilities with public restrooms, water fountains, and sitting areas: Denton Inclement Weather Resources - Winter 2021-22 For those living without a warm, dry, or safe place to escape extreme weather, there are facilities and services available in the Denton community. Information on community service providers, including emergency shelters, that expand services and hours during inclement weather, is provided here. A listing of City facilities that are heated with public access to restrooms, water fountains, and sitting areas during normal operating hours is also provided. www.cityofdenton.com ADA/EOE/ADEA TDD: (800) 735-2989 Pub. 12/21 When inclement weather conditions exist, these providers may open Daytime Warming Stations and extended shelter hours. Please call the provider to confirm hours and services. Community Providers City Daytime Warming Stations Fire Stations:Station 1: Central Fire Station 332 E. Hickory St. Mon.-Fri. 8 a.m.-5 p.m. Fire Stations with restroom, hand washing, and water fountain access only: Station 2: 110 Mockingbird Ln. Station 3: 1401 Underwood St. Station 4: 2110 E. Sherman Dr. Station 5: 2230 W. Windsor Dr. Station 6: 3232 Teasley Ln. Station 7: 4201 Vintage Pkwy. Station 8: 3131 Colorado All fire stations listed above are open daily, 8 a.m.-9 p.m. Please call all community facilities to confirm hours and services during inclement weather. Provider Services Regular Hours Inclement Weather Hours Our Daily Bread 300 W. Oak St. Ste. 100 (940) 566-1308 Food Kitchen & Day Center Mon.-Fri. 9 a.m.-1:30 p.m. Sat. 9 a.m.-12:45 p.m. Call (940) 566-1308 to inquire about inclement weather service hours. Salvation Army Denton 1508 E. McKinney St. (940) 566-3800 Food Kitchen & Overnight Shelter (7 nights/week) Meals: Mon.-Fri. 5:30-6 p.m. Overnight: Daily, 4 p.m.-7 a.m. Call (940) 566-3800 to inquire about inclement weather service hours. Our Daily Bread Monsignor King Outreach Center 300 S. Woodrow Ln. (940) 514-1007 Food Kitchen & Overnight Shelter (7 nights/week) Daily, 5:30 p.m.-9 a.m.Call (940) 514-1007 to inquire about inclement weather service hours. 159 Parques Y Centros Recreativos:Denton Civic Center 321 E. McKinney St. lunes-viernes 8 a.m.-8 p.m. Denton Senior Center (mayores de 50 años solamente) 509 N. Bell Ave. lunes-viernes 8 a.m.-8 p.m. Denia Rec Center 1001 Parvin St. lunes-viernes 10 a.m.-7 p.m. sábado 9 a.m.-2 p.m. MLK Jr. Rec Center 1300 Wilson St. lunes-viernes 9 a.m.-7 p.m. sábado 9 a.m.-4 p.m. North Lakes Rec Center 2001 W. Windsor Dr. lunes-viernes 5 a.m.-10 p.m. sábado 7 a.m.-4 p.m. Bibliotecas Públicas:Emily Fowler Central Library 502 Oakland St. lunes, miércoles, viernes y sábado 9 a.m.-6 p.m. martes y jueves 9 a.m.-6 p.m. domingo 1-5 p.m. North Branch Library 3020 N. Locust St. lunes-miércoles 9 a.m.-9 p.m. jueves-sábado 9 a.m.-6 p.m. domingo 1-5 p.m. South Branch Library 3228 Teasley Ln. lunes mediodía-9 p.m. martes y jueves 9 a.m.-6 p.m. miércoles 9 a.m-9 p.m. domingo 1-5 p.m. Instalaciones Públicas de la Ciudad de Denton con calefacción, baños públicos, fuentes de agua y áreas para sentarse: Recursos para las Inclemencias del Tiempo - Invierno 2021-22 Para aquellos que viven sin un lugar calentado, seco o seguro para escapar el clima extremo, hay lugares y servicios disponibles en la comunidad de Denton. Aquí se proporciona información sobre los proveedores de servicios comunitarios, incluidos los refugios de emergencia, que amplían los servicios y las horas durante las inclemencias del tiempo. También se proporciona una lista de los lugares de la Ciudad con calefacción y acceso público a baños, fuentes de agua y áreas para sentarse durante las horas normal de funcionamiento. www.cityofdenton.com ADA/EOE/ADEA TDD: (800) 735-2989 Pub. 12/21 Cuando existen condiciones climáticas adversas, estos proveedores pueden abrir Estaciones de Calentamiento durante el día y horas de refugio extendidas. Llame al proveedor para con.rmar los horarios y servicios. Proveedores Comunitarios Centros de Calentamiento / Estaciones Durante el Día Estaciones de Bomberos:Estación 1: Central Fire Station 332 E. Hickory St. lunes-viernes, 8 a.m.-5 p.m. Estaciones de Bomberos con acceso público a baños y fuentes de agua nomas: Estación 2: 110 Mockingbird Ln. Estación 3: 1401 Underwood St. Estación 4: 2110 E. Sherman Dr. Estación 5: 2230 W. Windsor Dr. Estación 6: 3232 Teasley Ln. Estación 7: 4201 Vintage Pkwy. Estación 8: 3131 Colorado Todas las estaciones de bomberos enumeradas anteriormente están abiertas todos los días., 8 a.m.-9 p.m. Por favor llame a todas las instalaciones de la comunidad para confirmar las horas y los servicios durante las inclemencias del tiempo. Proveedor Servicios Horas Regulares Horas Durante Inclemencias del Tiempo Our Daily Bread 300 W. Oak St. Ste. 100 (940) 566-1308 Centro de día y Cocina de Comida lunes - viernes 9 a.m.-1:30 p.m. sábado 9 a.m.-12:45 p.m. Llame al (940) 566-1308 para confirmar sobre las horas de servicio durante inclemencias del tiempo. Salvation Army Denton 1508 E. McKinney St. (940) 566-3800 Cocina de comida y Refugio de Noche (7 noches/semana) Comidas: lunes. - viernes 5: 30-6 p.m. Durante la noche: diariamente de 4 p.m. a 7 a.m. Llame al (940) 566-3800 para confirmar sobre las horas de servicio durante inclemencias del tiempo. Our Daily Bread Monsignor King Outreach Center 300 S. Woodrow Ln. (940) 514-1007 Cocina de comida y Refugio de Noche (7 noches/semana) Diariamente de 5:30 p.m. - 9 a.m. Llame al (940) 514-1007 para confirmar sobre las horas de de servicio durante inclemencias de servic ~ DENTON 160 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-050,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1)Allocating the requisite amount of time to conduct a feasibility study for driver feedback signs. [Estimated Presentation/Discussion Time: 30 minutes] City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™161 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office ICM: Sara Hensley DATE: January 25, 2022 SUBJECT Receive a report, hold a discussion, and give staff direction on pending City Council requests for: (1) Allocating the requisite amount of time to conduct a feasibility study for driver feedback signs. BACKGROUND During the annual City Council retreat on Saturday, August 21, 2021, the City Council agreed to amend their current ordinance and the process by which they ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials that anticipate taking more than two hours to complete or if there is a City Council policy decision to be made. The process developed during the retreat was further discussed and formally adopted at the September 28, 2021 City Council meeting (Exhibit 2). Staff will review one outstanding request for information per elected official during each work session. The weekly work session process will include staff introducing the requested topic followed by the requesting elected official having up to two minutes to describe and justify their request. Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request. Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be provided in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. The Agenda Committee will assist in scheduling items receiving consensus based upon priority offered by Council Members, work session availability, and readiness of the item depending upon total number of staff hours needed to develop, and the departments involved. As guidelines for Council Members to note and offer their priority while supporting an item, the following general categorization could be used to indicate any Council Member’s support in order to assist staff and the Agenda Committee. The following takes into consideration the perceived urgency, impact, and/or importance of the item. It is a general framework only to help offer some prioritization, especially in consideration of other scheduled Council priorities, major goals and projects, and scheduled work.  High – Time-sensitivity of the item is significant; the item is critical to the community or organization; and/or the item is of such importance that it should take precedence over other scheduled priorities, projects, or items. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 162  Moderate – The item is somewhat time-sensitive; the item has a valuable impact to the community or organization; and/or the item is important but should be integrated into work plans accordingly.  Low – The item is not time-sensitive; the item has an impact but it is limited; and/or the item should be scheduled into work plans where possible, but should not affect or delay other scheduled work. The following items will be discussed during this work session: 1. Allocating the requisite amount of time to conduct a feasibility study for driver feedback signs. a. Requestor: Mayor Hudspeth b. Council Member Request: “This is a request to address residents’ concerns about people speeding in the Southeast Denton neighborhood. I am seeking a council majority to support staff allocating the requisite amount of time to conduct a feasibility study.” c. Staff Information: If Council consensus is reached for this request, it will be the first-ever deployment of driver feedback signs within the city, and staff will need to establish the conditions that warrant the placement of these signs and draft standards for their deployment and use. d. Date requested: January 23, 2022 e. Format for response: Allocation of staff time to prepare a feasibility study. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Ordinance No. 21-1837 Exhibit 3 – Presentation Respectfully Submitted: Rachel Balthrop Mendoza Assistant to the City Manager 163 ORDlNANCENO. 21 -1837 AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 2-30 OF THE CODE OF THE CITY OF DENTON TO CHANGE THE TITLE AND INCREASE THE TIME FOR A REQUESTlNG COUNCILMEMBER TO DESCRIBE THE REQUEST; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; AND PROVIDlNG AN EFFECTlVE DATE. WHEREAS, on August 27, 2019 by Ordinance No. 19-2026, the City Council adopted Section 2-30 of the City of Denton Code of Ordinances to provide procedures to ensure there is a consensus of the City Council regarding the use of staff time when responding to requests from elected officials; and WHEREAS the City Council now desires to amend the City Council request procedures to change the section title to more accurately reflect the response types and to increase the time for the requesting councilmember to speak from one minute to two minutes; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Chapter 2, Article II, Section 2-30 of the Code of Ordinances of the City of Denton shall now read as follows: Chapter 2 -ADMINISTRATION ARTICLE II. -ADMINISTRATIVE ORGANIZATION Sec. 2-30. -City Council Requests for Information or Agenda Items. (a) Definitions. (1) For purposes of Section 2-30 the following definitions apply: a. "Request for Information" -Requests made by a member of the City Council to seek clarification on Board, Commission, Committee or City Council agenda items; address perceived service issues, infrastructure maintenance, or construction concerns caused by or impacting City operations and/or the quality oflife for Denton residents; and requests for policy-related research to evaluate policies implemented by other agencies and/or assess the impact a new policy or potential program may have if implemented by the City of Denton. b. "City Staff" -Includes employees of the City of Denton consisting of, or reporting to, the City Manager or the City Attorney. (b) City Council Requests for Information from City Staff. (1) All City Council requests for information from City Staff, must be submitted to the City Manager's Office via email and include at a minimum, the following details: a. Request Type; b. Purpose; 164 c. Time Sensitivity; and d. Preferred Response Format. (2) The City Manager's Office and/or the City Attorney's Office will estimate the amount of time required to respond to each request. (3) Requests estimated to take more than a total of two hours to complete will be brought forward within the next 30 calendar days, to a City Council work session to seek consensus from the full City Council regarding the use of City Staff time to fulfill the request. Requests for information referred to a work session will follow the procedures provided in sub-section (b) of Section 2-30. (c) City Council Requests for Information Referred to a Work Session. (1) A standing work session item will be added to each City Council agenda for City Council requests to be considered. a. The requesting Council Member will be required to provide a clear, written explanation describing the reason for the information requested. This description will be included as an attachment to the work session agenda materials and must be provided to the City Secretary in time to fully comply with Texas Open Meeting Act requirements. (2) During the work session, the requesting Council Member will have a maximum of two minutes to describe and justify their request. a. Remaining Council Members will then have a maximum of one minute each to provide feedback and indicate their support for the use of City Staff time to respond to the request. (3) Staff will respond to all requests where a consensus of at least four elected officials is established. To the extent possible, responses will be make in the requested format including Informal Staff Reports, Legal Status Reports, City Council work session topics, or ordinances and resolutions to be considered on future City Council agendas. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. SECTION 3. To the extent not otherwise provided, this ordinance shall repeal every prior ordinance in conflict herewith, but only insofar as the portion of such ordinance shall be in conflict; and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative except as to such prior ordinances or portions thereof as are expressly repealed hereby. 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. 165 SECTION 5. The City Secretary is hereby directed to record and publish the above regulations in the City's Code of Ordinances. The motion to approve this ordinance was made by ::Jg SSe Do..>-J ; 5 and seconded by J,<; 0..<(\ ::i)e.c)(..... , the ordinance was passed and approved by the following vote [J__ -0 ]: 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 1...o+~ day of 8et>¼-M~< , 2021. ~~---H SPETH,MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: CATHERINE CLIFTON, INTERIM CITY ATTORNEY BY: --------------- 166 City Council Pending Requests for Information City Council Meeting February 1, 2022 167 Work Session Process •Up to seven requests will be reviewed per meeting (one per Council Member) •Staff will introduce each request •The elected official that made the request will have up to two minutes to describe and justify their request •Remaining elected officials will then have up to one minute to provide feedback and indicate their support for the use of staff time to respond to the request •Staff will respond to all requests where a consensus of Council is established 2Legistar ID: 22-050 February 1, 2022 168 Work Session Process -Continued •The Agenda Committee will assist in scheduling items receiving consensus based upon priority offered by Council Members, work session availability, and readiness of the item. •As guidelines for Council Members to note and offer their priority while supporting an item, the following general categorization could be used to indicate any Council Member’s support to assist staff and the Agenda Committee: •High –Time-sensitivity of the item is significant; the item is critical to the community or organization; and/or the item is of such importance that it should take precedence over other scheduled priorities, projects, or items. •Moderate –The item is somewhat time-sensitive; the item has a valuable impact to the community or organization; and/or the item is important but should be integrated into work plans accordingly. •Low –The item is not time-sensitive; the item has an impact but it is limited; and/or the item should be scheduled into work plans where possible, but should not affect or delay other scheduled work. 3Legistar ID: 22-050 February 1, 2022 169 Item 1Allocating the requisite amount of time to conduct a feasibility study for driver feedback signs. Requestor: Mayor Hudspeth •Council Member Request:“This is a request to address residents’ concerns about people speeding in the Southeast Denton neighborhood.I am seeking a council majority to support staff allocating the requisite amount of time to conduct a feasibility study.” •Staff Information: If Council consensus is reached for this request, it will be the first-ever deployment of driver feedback signs within the city, and staff will need to establish the conditions that warrant the placement of these signs and draft standards for their deployment and use. •Requested Format for Response:Allocation of staff time to prepare a feasibility study. 4Legistar ID: 22-050 February 1, 2022 170 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-290,Version:1 AGENDA CAPTION Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with the City’s attorneys and discuss possible litigation for non-payment of franchise fees under the Texas Video Service Providers Act, Texas Utilities Code Chapter 66, where a discussion of these legal matters in an open meeting 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. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™171 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-072,Version:1 AGENDA CAPTION Recognition: Mayor’s Red Kettle Challenge City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™172 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-146,Version:1 AGENDA CAPTION Mr. Timothy Warren regarding how the City of Denton is going to handle Eight-Liner Machines. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™173 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-273,Version:1 AGENDA CAPTION Mr. Stephen Dillenburg follow up to comments made at previous meetings regarding general public welfare concerns. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™174 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-187,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton establishing classifications and positions in the Denton Fire Department; creating and abolishing certain positions; repealing Ordinance No. 20-1345 relating to establishing the classifications and prescribing the number of positions in each classification for the Denton Fire Department; providing repealer, cumulative, and severability clauses; and declaring effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™175 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Fire CM/ DCM/ ACM: Frank Dixon, Interim Assistant City Manager DATE: 2/1/2022 SUBJECT Consider adoption of an ordinance of the City of Denton establishing classifications and positions in the Denton Fire Department; creating and abolishing certain positions; repealing ordinance No. 20-1345 relating to establishing the classifications and prescribing the number of positions in each classification for the Denton Fire Department; providing repealer, cumulative, and severability clauses; and declaring effective date. BACKGROUND Civil Service law, Texas Local Government Code, Chapter 143, requires governing bodies of all jurisdictions with Civil Service employees to officially authorize their exact number of Civil Service employees. The City Council last approved the authorized number of Fire Department Civil Service positions by Ordinance 20-1345 on July 28, 2020. Staff requests the City Council’s approval of the current number of Civil Service positions for the Fire Department as budgeted for FY 2021-22 and is detailed below. For the 2021-22 Fiscal Year, City Council approved the addition of one new Firefighter for the Homeless Outreach Team and the reinstatement of the Emergency Management Program Manager position. If the City Council adopts the amended ordinance on February 1, 2022, this authorizes the correct number of Civil Service positions. The total number of authorized Civil Service positions in the Fire Department will be a net of two, for a total of 192. The Fire Chief is an appointed position, in prior years this position was counted as civil service classifications in error; this time it was not counted. FY 2019-20 Positions FY 2020-21 FY 2021-22 Classification Ordinance 19-2722 Ordinance 20-1345 Revised Ordinance Fire Chief 0 0 0 Assistant Fire Chief 1 1 1 Assistant Fire Chief/Fire Marshal 1 1 1 Battalion Chief - Operations 6 9 9 Assistant Fire Marshal 1 1 1 Emergency Management Program Manager 1 0 1 Fire Community Services Officer 1 1 1 Fire Training Captain 1 1 1 EMS Captain 1 1 1 Captain- Operations 25 25 25 Deputy Fire Marshal III 1 1 1 Driver 51 48 48 Deputy Fire Marshal II 2 2 2 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 176 Deputy Fire Marshal I 6 6 6 Firefighters and Recruits 93 93 94 Total 191 190 192 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 28, 2020, City Council authorized the additional Civil Service personnel under Ordinance No. 20- 1345. On December 10, 2019, City Council authorized the additional Civil Service personnel under Ordinance No. 19-2722. On November 6, 2018, City Council authorized the additional Civil Service personnel under Ordinance No 18-1758. On December 5, 2017, City Council authorized the additional Civil Service personnel under Ordinance No. 17-376. FISCAL INFORMATION One additional Civil Service position and one civilian position was funded as part of the FY 2021-22 Budget. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Kenneth Hedges Fire Chief Prepared by: Lindsey Garrison Fire Administration Manager 177 Page 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING CLASSIFICATIONS AND POSITIONS IN THE DENTON FIRE DEPARTMENT; CREATING AND ABOLISHING CERTAIN POSITIONS; REPEALING ORDINANCE NO. 20-1345 RELATING TO ESTABLISHING THE CLASSIFICATIONS AND PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION FOR THE DENTON FIRE DEPARTMENT; PROVIDING REPEALER, CUMULATIVE, AND SEVERABILITY CLAUSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 143.021, Texas Local Government Code, the City Council of the City of Denton, is required by ordinance to prescribe the number of positions in each classification for Fire Department personnel; and WHEREAS, on July 28, 2020, the City Council passed Ordinance No. 20-1345 adopting and approving a schedule of Authorized Positions relating to classification of fire fighters; and WHEREAS, since the passage of Ordinance No. 20-1345, the Fire Department has updated the titles and number of positions designated for certain classifications of Fire Department personnel, and have submitted the revisions to the City Council for review and approval based on the Department’s determination that these changes are in the Department’s best interest; and WHEREAS, the City Council has considered these updated classification titles and numbers and has found these changes to be in the City’s best interest and accordingly has determined that Ordinance No. 20-1345 should be repealed and the following classification titles and total number of positions in the Fire Department should be adopted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 20-1345 is hereby repealed. SECTION 2. The City Council hereby adopts and approves the following civil service classifications of the Denton Fire Department and the number of positions in each classification is established as follows: (A) Assistant Fire Chief 1 (B) Assistant Fire Chief/Fire Marshal 1 (C) Battalion Chief – Operations 9 (D) Assistant Fire Marshal 1 (E) Fire Community Services Officer 1 (F) Fire Training Captain 1 (G) EMS Captain 1 (H) Captain – Operations 25 (I) Deputy Fire Marshal III 1 (J) Driver 48 (K) Deputy Fire Marshal II 2 (L) Deputy Fire Marshall I 6 178 Page 2 (M) Emergency Management 1 Program Manager (N) Firefighter 94 TOTAL: 192 SECTION 3. The number of positions in the civil service classification of Firefighter in Section 2 of this ordinance is an increase of one (1) from the number in existence immediately before the effective date of this ordinance. SECTION 4. The Civil Service Classification of Emergency Management Program Manager is hereby created with one (1) designated position. SECTION 5. Pursuant to Texas Local Government Code Chapter 143.085, the prior Civil Service Classification of Recruit in Section 2(N) is abolished. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Denton, except where the provisions of the ordinance are in direct conflict with the provisions such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance, shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 8. This ordinance shall become effective immediately upon its passage and approval as provided by law. The motion to approve this Ordinance was made by __________________________ and seconded by _________________________________, the Ordinance was passed and approved by the following vote [___ - ___]: 179 180 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-080,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager to execute a contract with Mountain Cascade of Texas,LLC,for the construction of the Robson Ranch Force Main and Sewer Project with geographical limits as follows:intersection of Crawford Road and I-35W Frontage Road,running west for 14,000 linear feet to the lift station located on the northeast corner of the Robson Ranch property;providing for the expenditure of funds therefor;and providing an effective date (IFB 7364 -awarded to Mountain Cascade of Texas,LLC,in the not-to-exceed amount of $2,846,346.30). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™181 City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Mountain Cascade of Texas, LLC, for the construction of the Robson Ranch Force Main and Sewer Project with geographical limits as follows: intersection of Crawford Road and I-35W Frontage Road, running west for 14,000 linear feet to the lift station located on the northeast corner of the Robson Ranch property; providing for the expenditure of funds therefor; and providing an effective date (IFB 7364 – awarded to Mountain Cascade of Texas, LLC, in the not-to-exceed amount of $2,846,346.30). INFORMATION/BACKGROUND The Robson Ranch Force Main and Sewer Project consists of a new wastewater line installation from the intersection of Crawford Rd. and I-35W Frontage road, running west for 14,000 linear feet to the lift station located on the northeast corner of Robson Ranch property. This project was initiated as an agreement between Robson Ranch Properties and the City of Denton to re- route the current Robson Ranch community’s flow of wastewater away from the active onsite treatment plant. Installing this new and upsized wastewater line from the lift station on the northeast corner of Robson Ranch to the connection at the intersection of Crawford Rd. and I-35W Frontage road will allow for the elimination of the onsite wastewater treatment plant. The installation will also accommodate current and future wastewater capacity needs for Robson Ranch along with parts of the future Hunter Ranch development. The Robson Ranch Force Main and Sewer Project has a total estimated cost of $2,846,346.30. This estimate includes a $2,710,806.00 total base bid amount and a contingency of $135,540.30. A five (5) percent contingency allowance, if any, is for the sole use of the City and will be subject to written authorization by the City’s Project Manager and Program Manager. Invitation for Bids was sent to 497 prospective suppliers, including 36 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. Five (5) bids were received, with four (4) meeting specifications. The lowest bid was received by Mountain Cascade of Texas, LLC. 182 NIGP Code Used for Solicitation: 913 - (Service Only) - Construction Services, Heavy (Incl. Maintenance and Repair Services) Notifications sent for Solicitation sent in IonWave: 497 Number of Suppliers that viewed Solicitation in IonWave: 31 HUB-Historically Underutilized Business Invitations sent out: 39 SBE-Small Business Enterprise Invitations sent out: 172 Responses from Solicitation: 5 Responses meeting specifications from Solicitation: 4 Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. RECOMMENDATION Award a contract with Mountain Cascade of Texas, LLC, for the construction of the Robson Ranch Force Main and Sewer Project with geographical limits as follows: intersection of Crawford Road and I-35W Frontage Road, running west for 14,000 linear feet to the lift station located on the northeast corner of the Robson Ranch property, in a not-to-exceed amount of $2,846,346.30. PRINCIPAL PLACE OF BUSINESS Mountain Cascade of Texas, LLC Alvarado, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date within 300 calendar days. FISCAL INFORMATION These services will be funded from Wastewater Project Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: LLC Members Exhibit 4: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Scott Fettig, 940-349-8909. Legal point of contact: Marcella Lunn at 940-349-8333. 183 Mountain Cascade of Texas, LLC Acadia Service, LLC Atkins Bros. Equip. Co. BRCT LLC dba Blackrock Construction Alvarado, TX Richland Hills, TX Midlothian, TX Mansfield, TX Line #Description Total Base Bid Amount Total Base Bid Amount Total Base Bid Amount Total Base Bid Amount 1 2 Total Base Bid $2,710,806.00 $2,739,226.00 $3,283,450.00 $3,496,389.00 $135,540.30 $2,846,346.30 TOTAL BID AMOUNT Contingency Total Contract: Exhibit 2 IFB 7634 - Bid Tabulation for Robson Ranch Force Main and Sewer Respondent's Business Name: Principal Place of Business (City and State): 184 185 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MOUNTAIN CASCADE OF TEXAS, LLC, FOR THE CONSTRUCTION OF THE ROBSON RANCH FORCE MAIN AND SEWER PROJECT WITH GEOGRAPHICAL LIMITS AS FOLLOWS: INTERSECTION OF CRAWFORD ROAD AND I-35W FRONTAGE ROAD, RUNNING WEST FOR 14,000 LINEAR FEET TO THE LIFT STATION LOCATED ON THE NORTHEAST CORNER OF THE ROBSON RANCH PROPERTY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 7364 AWARDED TO MOUNTAIN CASCADE OF TEXAS, LLC, IN THE NOT-TO-EXCEED AMOUNT OF $2,846,346.30). WHEREAS, the City has solicited, received, and tabulated competitive bids for the purchase of necessary materials, equipment, supplies, or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager, or a designated employee, has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies, or services as shown in the Bid Proposals submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the materials, equipment, supplies, or services as described in the Bid Invitations , Bid Proposals or plans and specifications on file in the Office of the City s Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER VENDOR AMOUNT 7364 Mountain Cascade of Texas, LLC $2,846,346.30 SECTION 2. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for such items, and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager, or their designated representative, is hereby authorized to execute a written contract, 186 which shall be attached hereto, in accordance with the terms, conditions, specifications, standards, quantities, and specified sums contained in the Bid Proposal and related documents, and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. 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 bids, 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 __________________________ 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ 187 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 188 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 Not Applicable 7364 Cori Power Robson Ranch Force Main and Sewer IFB 189 00 52 43 AGREEMENT Page 1 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 SECTION 00 52 43 1 AGREEMENT – UNIT PRICE BID 2 3 THIS AGREEMENT, authorized on ________________is made by and between the City of 4 Denton, a Texas home-rule municipal corporation, acting by and through its duly authorized City 5 Manager, (“City”), and Mountain Cascade of Texas, LLC , authorized to do business in Texas, 6 acting by and through its duly authorized representative, (“Contractor”). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 8 Article 1. WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10 Project identified herein. 11 Article 2. PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 Robson Ranch Force Main and Sewer 15 IFB 7364 16 Article 3. CONTRACT PRICE 17 City agrees to pay Contractor for performance of the Work in accordance with the Contract 18 Documents an amount, in current funds, of Two million seven hundred ten thousand eight hundred 19 and six dollars ($2,710,806.00). At the sole option of the City, five (5) percent contingency in the 20 amount of One hundred thirty-five thousand five hundred and forty dollars and 30/100 cents 21 ($135,540.30) may be used for a total not-to-exceed amount of Two million eight hundred forty-22 six thousand three hundred and forty-six dollars and 30/100 cents ($2,846,346.30). 23 24 Article 4. CONTRACT TIME 25 4.1 Time is of the essence. 26 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 27 Documents are of the essence to this Contract. 28 4.2 Final Acceptance. 29 The Work will be completed for Final Acceptance within {300} Calendar Days after the 30 date when the Contract Time commences to run, which is the day indicated in the Notice 31 to Proceed, plus any extension thereof allowed in accordance with Article 11 of the General 32 Conditions. 33 34 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 190 00 52 43 AGREEMENT Page 2 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 4.4 Liquidated Damages: 1 A. Contractor recognizes that time is of the essence to achieve Milestones and Final 2 Acceptance of the Work, and City will suffer financial and other losses if the Work is 3 not completed within the times specified in the Contract Documents. The Contractor 4 also recognizes the delays, expense and difficulties involved in proving, in a legal or 5 arbitration proceeding, the actual loss suffered by the City if the Work related to the 6 Milestones or Final Acceptance is not completed on time. Accordingly, instead of 7 requiring any such proof, Contractor agrees that liquidated damages for delay (but not 8 as a penalty): 9 1. Final Acceptance: If Contractor neglects, refuse, or fails to complete the Work 10 within the time (as duly adjusted pursuant to the Contract) specified in Paragraph 11 4.2, for completion and readiness for Final Payment, Contractor shall pay City five 12 hundred Dollars ($500.00) for each day that expires after such time, until the date 13 determined by City as stated in the City-issued Letter of Final Acceptance. 14 Article 5. CONTRACT DOCUMENTS 15 5.1 CONTENTS: 16 A. The Contract comprises the entire agreement between City and Contractor concerning the 17 Work and consists of this Agreement and the items set forth below. The Contract 18 Documents consist of all items below other than this Agreement. 19 1. Attachments to this Agreement: 20 a. Proposal Form 21 1) Bid Form 22 2) Unit Price Proposal Form 23 3) Vendor Compliance to State Law Non-Resident Offeror 24 4) State and Federal documents (project specific) 25 b. Current Prevailing Wage Rate Table 26 c. Worker’s Compensation Affidavit 27 d. General Conditions. 28 e. Supplementary Conditions. 29 2. The following located in File 7364 at: 30 https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=31 19&row=1&dbid=0: 32 a. Specifications described in the Table of Contents of the Project’s Contract 33 Documents. 34 b. Drawings. 35 c. Addenda. 36 d. Documentation submitted by Contractor prior to Notice of Award. 37 3. The following which shall be issued after the Effective Date and delivered to the City 38 within ten (10) days of the Effective Date and before beginning Work: 39 a. Payment Bond 40 b. Performance Bond 41 c. Maintenance Bond 42 d. Power of Attorney for the Bonds 43 e. Form 1295 – Certificate of Interested Parties (email to purchasing) 44 f. Insurance Certificate 45 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 191 00 52 43 AGREEMENT Page 3 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 4. Specifications specifically made a part of the Contract Documents by attachment or, 1 if not attached, as incorporated by reference and described in the Table of Contents 2 of the Project’s Contract Documents. 3 5. The following which may be delivered or issued after the Effective Date of the 4 Agreement and, if issued, become an incorporated part of the Contract Documents: 5 a. Notice to Proceed. 6 b. Field Orders. 7 c. Change Orders. 8 d. Letter of Final Acceptance. 9 10 Article 6. INDEMNIFICATION 11 6.1 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD 12 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, 13 ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND 14 AGAINST ANY AND ALL CLAIMS FOR PERSONAL INJURY OR DEATH, 15 ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR IN 16 CONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE 17 CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, 18 LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS 19 INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE 20 AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR 21 SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN 22 PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THIS 23 INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT 24 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND 25 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH 26 CLAIMS AND CAUSES OF ACTIONS. 27 28 6.2 CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD 29 HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, 30 ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND 31 AGAINST ANY AND ALL CLAIMS FOR, LOSS OF, DAMAGE TO, OR 32 DESTRUCTION OF, PROPERTY OF THE CITY OR OF A THIRD PARTY, 33 ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, RELATED TO OR IN 34 CONNECTION WITH THE WORK AND SERVICES TO BE PERFORMED BY THE 35 CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, 36 LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS 37 INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE 38 AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR 39 SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN 40 PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. THIS 41 INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT 42 LIMITATION, INDEMNITY FOR ANY AND ALL COSTS, EXPENSES AND 43 LEGAL FEES INCURRED BY THE CITY IN DEFENDING AGAINST SUCH 44 CLAIMS AND CAUSES OF ACTIONS. 45 46 Article 7. MISCELLANEOUS 47 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 192 00 52 43 AGREEMENT Page 4 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 7.1 Capitalized Terms. 1 Unless otherwise provided herein, capitalized terms used in this Agreement which are 2 defined in Article 1 of the General Conditions will have the meanings indicated in the General 3 Conditions. 4 7.2 Assignment of Contract. 5 This Agreement, including all of the Contract Documents may not be assigned by the 6 Contractor without the advance express written consent of the City. 7 7.3 Successors and Assigns. 8 City and Contractor each binds itself, its partners, successors, assigns and legal 9 representatives to the other party hereto, in respect to all covenants, agreements and 10 obligations contained in the Contract Documents. 11 7.4 Severability. 12 Any provision or part of the Contract Documents held to be unconstitutional, void or 13 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 14 remaining provisions shall continue to be valid and binding upon City and Contractor. 15 7.5 Venue and Waiver of Sovereign Immunity. 16 This Agreement, including all of the Contract Documents is performable in the State of 17 Texas. Venue shall be in the state district courts of Denton County, Texas. The City’s 18 sovereign immunity is waived only to the extent set forth and in accordance with the 19 provisions of Subchapter I, Chapter 271 of the Texas Local Government Code or as otherwise 20 specifically waived by law. The City does not waive its sovereign immunity to suit in federal 21 court. 22 7.6 Authority to Sign. 23 Contractor hereby certifies that the person signing the Agreement on its behalf is the duly 24 authorized signatory of the Contractor. 25 26 7.7 Prohibition On Contracts With Companies Boycotting Israel. 27 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 28 Code, the City is prohibited from entering into a contract with a company for goods or 29 services unless the contract contains a written verification from the company that it: (1) 30 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 31 The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 32 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 33 certifies that Contractor’s signature provides written verification to the City that 34 Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 35 the contract. 36 37 7.8 Immigration Nationality Act. 38 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 193 00 52 43 AGREEMENT Page 5 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 Contractor shall verify the identity and employment eligibility of its employees who perform 1 work under this Agreement, including completing the Employment Eligibility Verification 2 Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 3 and supporting eligibility documentation for each employee who performs work under this 4 Agreement. Contractor shall adhere to all Federal and State laws as well as establish 5 appropriate procedures and controls so that no services will be performed by any Contractor 6 employee who is not legally eligible to perform such services. CONTRACTOR SHALL 7 INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 8 LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 9 CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 10 AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 11 to immediately terminate this Agreement for violations of this provision by Contractor. 12 13 7.9 No Third-Party Beneficiaries. 14 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 15 and there are no third-party beneficiaries. 16 17 18 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 194 00 52 43 AGREEMENT Page 6 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 7.10 No Cause of Action Against Engineer. 1 Contractor, its subcontractors and equipment and materials suppliers on the Project or their 2 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 3 subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 4 services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 5 The presence or duties of the Engineer's personnel at a construction site, whether as on-site 6 representatives or otherwise, do not make the Engineer or its personnel in any way 7 responsible to Contractor or any other entity for those duties that belong to the City, and do 8 not relieve Contractor or any other entity of its obligations, duties, and responsibilities, 9 including, but not limited to, all construction methods, means, techniques, sequences, and 10 procedures necessary for performing, coordinating and completing all portions of the Work 11 in accordance with the Contract Documents and any health or safety precautions required by 12 such Work. The Engineer and its personnel have no authority to exercise any control over 13 any construction contractor or other entity or their employees in connection with their work 14 or any health or safety precautions. 15 16 SIGNATURE PAGE TO FOLLOW 17 18 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 195 00 52 43 AGREEMENT Page 7 of 7 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 21, 2021 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective 1 as of the date subscribed by the City’s City Manager or his designee (“Effective Date”). 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 ATTEST: 40 ROSA RIOS, CITY SECRETARY 41 42 43 _______________________________________ 44 45 46 APPROVED AS TO LEGAL FORM: 47 MACK REINWAND, CITY ATTORNEY 48 49 50 _______________________________________ 51 CITY OF DENTON BY: ___________________________________ TITLE: _________________________________ DATE: _________________________________ CONTRACTOR MOUNTAIN CASCADE OF TEXAS, LLC BY: ___________________________________ AUTHORIZED AGENT _______________________________________ NAME _______________________________________ TITLE _______________________________________ PHONE NUMBER _______________________________________ EMAIL ADDRESS THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 AMcCulloch@mountaincascade.com Andrew McCulloch 925-525-2920 Vice-President Capital Projects/Engineering Director of Capital Projects/City Engineer Rebecca Diviney 196 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74197 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74198 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74199 To:From: PROJ.: IFB:7364 ENG PMO:N/A Item No.Spec. Section No.Description UOM BID QTY Unit Price Extended Price 1 01 70 00 Mobilization LS 1 60,000.00$ $ 60,000.00 2 01 57 13 SWPPP ≥ 1 acre LS 1 1,500.00$ 1,500.00$ 3 01 58 13 Project Signs EA 2 600.00$ 1,200.00$ 4 31 10 00 Site Clearing LS 1 7,500.00$ 7,500.00$ 5 31 25 14 SWPP Device Installation LS 1 22,000.00$ 22,000.00$ 6 31 25 14 SWPP Device Removal LS 1 100.00$ 100.00$ 7 34 71 13 Traffic Control Devices MO 2 4,500.00$ 9,000.00$ 8 34 71 13 Traffic Control Plan EA 1 1,000.00$ 1,000.00$ 9 33 05 05 Excavation Protection LF 13,399 1.00$ 13,399.00$ 10 32 93 00 Seeding Turf Grass SY 60,000 1.00$ 60,000.00$ 11 32 93 00 Block Sod SY 12,000 5.00$ 60,000.00$ 12 33 01 10 CCTV Inspection LF 14,005 1.00$ 14,005.00$ 13 33 05 05 Concrete Encasement CY 34 140.00$ 4,760.00$ 14 33 05 76 Fiberglass Manhole (5' ID)EA 16 20,000.00$ 320,000.00$ 15 33 05 76 Extra Depth Manhole VF 81 450.00$ 36,450.00$ 16 33 05 76 External Drop EA 2 7,500.00$ 15,000.00$ 17 33 14 14 HDPE Force Main (10")LF 112 100.00$ 11,200.00$ 18 33 14 14 HDPE Force Main (14")LF 9,136 102.00$ 931,872.00$ 19 33 14 11; 33 31 10; 33 31 14 Sanitary Sewer Gravity Main (18")LF 2,778 110.00$ 305,580.00$ 20 33 14 11; 33 31 10; 33 31 14 Sanitary Sewer Gravity Main (21")LF 1,373 120.00$ 164,760.00$ 21 33 05 15 Sanitary Sewer Gravity Main (21") in Casing/Tunnel LF 606 105.00$ 63,630.00$ 22 33 05 07 Steel Casing (36") by Open Cut LF 145 450.00$ 65,250.00$ 23 33 05 08 Tunnel Liner Plate (48") by Hand Tunneling LF 461 1,000.00$ 461,000.00$ 24 33 05 98 Location of Existing Utilities LS 1 2,500.00$ 2,500.00$ 25 02 41 14 Plug Abandoned Sanitary Sewer Lines LS 1 1,500.00$ 1,500.00$ 26 SS 01 Connection to Existing Force Main with Shutdown EA 2 4,800.00$ 9,600.00$ 27 33 32 11 Bypass Pumping LS 1 20,000.00$ 20,000.00$ 28 33 31 23 Sewer Air Release Valve and Vault (2") with Bollards EA 4 12,000.00$ 48,000.00$ $2,710,806.00 TOTAL BASE BID :$2,710,806.00 Robson Ranch Force Main and Sewer $2,710,806.00 TOTAL PROJECT BID: TOTAL BASE BID: 901-B Texas Street Denton, TX 76209 BIDDERS APPLICATION - UNIT PRICE BID 5340 East US Highway 67 Alvarado, TX Chris Windsor 817-783-3094 chrisw@mountaincascade.com SECTION 00 42 43 - UNIT PRICE PROPOSAL FORM Cori Power/Purchasing Dept. Robson Ranch Force Main and Sewer City of Denton - Capital Projects Mountain Cascade of Texas, LLC DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 200 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74201 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 202 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 203 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 204 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 205 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 206 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 207 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 208 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 209 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 210 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74211 00 72 00 GENERAL CONDITIONS Page i of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 212 00 72 00 GENERAL CONDITIONS Page ii of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ........................................................................... 1 1.01 Defined Terms ......................................................................................................................... 1 1.02 Terminology ............................................................................................................................ 6 ARTICLE 2 – PRELIMINARY MATTERS ............................................................................................ 7 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ....................................... 7 2.02 Copies of Documents ............................................................................................................... 7 2.03 Before Starting Construction .................................................................................................... 7 2.04 Preconstruction ConferenceMeeting ......................................................................................... 8 2.05 Public Meeting ......................................................................................................................... 8 2.06 Initial Acceptance of Schedules ................................................................................................ 8 2.07 Electronic Submittals and Transmittals ..................................................................................... 8 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE .............................. 8 3.01 Intent ....................................................................................................................................... 8 3.02 Reference Standards ................................................................................................................. 9 3.03 Reporting and Resolving Discrepancies .................................................................................... 9 3.04 Requirements of the Contract Documents ............................................................................... 10 3.05 Reuse of Documents .............................................................................................................. 10 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK.............................................. 11 4.01 Commencement of Contract Time; Notice to Proceed ............................................................. 11 4.02 Starting the Work ................................................................................................................... 11 4.03 Delays in Contractor’s Progress.............................................................................................. 11 ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS .................................................................................................... 12 5.01 Availability of Lands .............................................................................................................. 12 5.02 Use of Site and Other Areas ................................................................................................... 13 5.03 Subsurface and Physical Conditions ....................................................................................... 14 5.04 Differing Subsurface or Physical Conditions .......................................................................... 15 5.05 Underground Facilities ........................................................................................................... 16 5.06 Hazardous Environmental Conditions at Site .......................................................................... 17 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 213 00 72 00 GENERAL CONDITIONS Page iii of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 6 – BONDS AND INSURANCE .......................................................................................... 18 6.01 Licensed Sureties and Insurers................................................................................................ 18 6.02 Performance, Payment, and Maintenance Bonds ..................................................................... 18 6.03 Certificates of Insurance ......................................................................................................... 19 6.04 Contractor’s Insurance ........................................................................................................... 21 6.05 Acceptance of Bonds and Insurance; Option to Replace.......................................................... 22 ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ....................................................................... 22 7.01 Contractor’s Means and Methods of Construction .................................................................. 22 7.02 Supervision and Superintendence ........................................................................................... 22 7.03 Labor; Working Hours ........................................................................................................... 23 7.04 Services, Materials, and Equipment ........................................................................................ 23 7.05 Project Schedule..................................................................................................................... 24 7.06 “Or Equals”............................................................................................................................ 24 7.07 Substitutions .......................................................................................................................... 25 7.08 Concerning Subcontractors and Suppliers ............................................................................... 27 7.09 Wage Rates ............................................................................................................................ 28 7.10 Patent Fees and Royalties ....................................................................................................... 29 7.11 Permits and Utilities ............................................................................................................... 29 7.12 Taxes ..................................................................................................................................... 30 7.13 Laws and Regulations ............................................................................................................ 30 7.14 Record Documents ................................................................................................................. 31 7.15 Safety and Protection ............................................................................................................. 31 7.16 Hazard Communication Programs .......................................................................................... 32 7.17 Emergencies and/or Rectification ........................................................................................... 32 7.18 Submittals .............................................................................................................................. 33 7.19 Continuing the Work .............................................................................................................. 34 7.20 Contractor’s General Warranty and Guarantee ........................................................................ 34 7.21 Indemnification ...................................................................................................................... 35 7.22 Delegation of Professional Design Services ............................................................................ 36 7.23 Right to Audit ........................................................................................................................ 36 7.24 Nondiscrimination .................................................................................................................. 37 ARTICLE 8 – OTHER WORK AT THE SITE ...................................................................................... 37 8.01 Other Work ............................................................................................................................ 37 8.02 Coordination .......................................................................................................................... 38 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 214 00 72 00 GENERAL CONDITIONS Page iv of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 8.03 Legal Relationships ................................................................................................................ 38 ARTICLE 9 – CITY’S RESPONSIBILITIES ........................................................................................ 39 9.01 Communications to Contractor ............................................................................................... 39 9.02 Furnish Data .......................................................................................................................... 39 9.03 Pay When Due ....................................................................................................................... 39 9.04 Lands and Easements; Reports, Tests, and Drawings .............................................................. 39 9.05 Change Orders ....................................................................................................................... 39 9.06 Inspections, Tests, and Approvals ........................................................................................... 39 9.07 Limitations on City’s Responsibilities .................................................................................... 39 9.08 Undisclosed Hazardous Environmental Condition .................................................................. 39 9.09 Compliance with Safety Program ........................................................................................... 39 ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION .............................................. 40 10.01 City’s Project Manager or Duly Authorized Representative ................................................ 40 10.02 Visits to Site ....................................................................................................................... 40 10.03 Determinations for Work Performed ................................................................................... 40 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work .................. 40 ARTICLE 11 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK ............................................. 41 11.01 Amending and Supplementing the Contract ........................................................................ 41 11.02 Execution of Change Orders ............................................................................................... 41 11.03 Field Orders ....................................................................................................................... 41 11.04 Authorized Changes in the Work – Extra Work .................................................................. 41 11.05 Unauthorized Changes in the Work .................................................................................... 41 11.06 Dispute of Extra Work........................................................................................................ 42 11.07 Contract Claims Process ..................................................................................................... 42 11.08 Change of Contract Price .................................................................................................... 43 11.09 Change of Contract Time.................................................................................................... 44 11.10 Notification to Surety ......................................................................................................... 44 ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT ................................................................................................................................ 45 12.01 Cost of the Work ................................................................................................................ 45 12.02 Allowances ........................................................................................................................ 48 12.03 Unit Price Work ................................................................................................................. 48 12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment ......................... 49 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 215 00 72 00 GENERAL CONDITIONS Page v of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................................................ 50 13.01 Access to Work .................................................................................................................. 50 13.02 Tests, Inspections ............................................................................................................... 50 13.03 Defective Work .................................................................................................................. 51 13.04 Rejecting Defective Work .................................................................................................. 51 13.05 Acceptance of Defective Work ........................................................................................... 52 13.06 Uncovering Work ............................................................................................................... 52 13.07 City May Stop the Work ..................................................................................................... 52 13.08 City May Correct Defective Work ...................................................................................... 53 ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD............ 53 14.01 Progress Payments ............................................................................................................. 53 14.02 Contractor’s Warranty of Title ............................................................................................ 56 14.03 Partial Utilization ............................................................................................................... 56 14.04 Final Inspection .................................................................................................................. 57 14.05 Final Acceptance ................................................................................................................ 57 14.06 Final Payment .................................................................................................................... 57 14.07 Final Completion Delayed and Partial Retainage Release.................................................... 58 14.08 Waiver of Claims ............................................................................................................... 58 14.09 Correction Period ............................................................................................................... 58 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION....................................................... 59 15.01 City May Suspend Work .................................................................................................... 59 15.02 City May Terminate for Cause ............................................................................................ 60 15.03 City May Terminate for Convenience ................................................................................. 61 ARTICLE 16 – FINAL RESOLUTION OF DISPUTES ........................................................................ 63 16.01 Methods and Procedures ..................................................................................................... 63 ARTICLE 17 – MISCELLANEOUS ..................................................................................................... 64 17.01 Giving Notice ..................................................................................................................... 64 17.02 Computation of Times ........................................................................................................ 64 17.03 Cumulative Remedies ......................................................................................................... 64 17.04 Limitation of Damages ....................................................................................................... 64 17.05 No Waiver .......................................................................................................................... 65 17.06 Survival of Obligations ....................................................................................................... 65 17.07 Assignment of Contract ...................................................................................................... 65 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 216 00 72 00 GENERAL CONDITIONS Page vi of vi CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 17.08 Successors and Assigns ...................................................................................................... 65 17.09 Headings ............................................................................................................................ 65 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 217 00 72 00 GENERAL CONDITIONS Page 1 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument titled “Agreement”, “Agreement – CSP”, or “Agreement – Unit Price Bid” executed by the City and Contractor for the Work, setting forth the name of the Project, Contract Price, Contract Time and the items included in the Contract. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. The term “Bid” shall be defined to include the term “Proposal” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 7. Bidder—The individual or entity that submits a Bid directly to City. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). The term “Bidding Documents” shall be defined to include the terms “Proposal Documents” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid. 9. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. The term “Bidding Requirements” shall be defined to include the terms “Proposal Requirements” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and will include the Request for Proposal or Invitation to Offerors, Instructions to Offerors, Offerors Bond or other Proposal security, if any, the Proposal Form, and the Proposal with any attachments. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 218 00 72 00 GENERAL CONDITIONS Page 2 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 10. Business Day—A day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. 12. Change Order—A document which is prepared by the Contractor or City, approved by the City, and signed by Contractor and City, authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City—The City of Denton is, a Texas home-rule municipal corporation acting by its City Council through its City Manager or his or her designee. 14. City Attorney—The officially appointed City Attorney of the City of Denton or his or her designee. 15. City Council—The duly elected and qualified governing body of the City of Denton. 16. City Manager—The officially appointed authorized City Manager of the City of Denton. 17. Contract—The entire and integrated set of written instruments between the City and Contractor concerning the Work comprised of the Agreement and all Contract Documents, which written instruments supersede all prior negotiations, representations, or agreements, whether written or oral, concerning the Work. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract Documents—Those items so designated as “Contract Documents.” in the Agreement at Paragraph 5.1.A. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 12.03 in the case of Unit Price Work). The Contract Price does not include any “Incentive”, if applicable. 21. Contract Time—The number of days or the dates stated in the Agreement to: (a) achieve Milestones, if any and (bb) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 12.01 of these General Conditions for definition. 24. Damage Claims—A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 26. Drawings—The part of the Contract Documents prepared or approved by an Engineer that graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals, as defined, are not considered Drawings as so defined here. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 219 00 72 00 GENERAL CONDITIONS Page 3 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 27. Effective Date of the Agreement—The date, indicated in the Agreement, on which it becomes effective,, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the City. 28. Electronic Document—Any Project-related correspondence, attachments to correspondence, text, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format. 29. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by the Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents. 30. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 31. Extra Work—Additional work made necessary by City-approved changes or alterations to the Contract Documents. Extra Work shall be part of the Work. 32. Field Order—A written directive issued by City that requires changes in the Work but does not involve a change to the Contract Price, Contract Time, or Drawings, Plan, or Shop Drawings. 33. Final Acceptance—The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 34. Final Inspection—The inspection performed by the City to determine whether the Contractor has completed each and every part or appurtenance of the Work fully, entirely, and in conformance with the Contract Documents. 35. General Requirements—Sections of The information set forth in “Division 101 – General Requirements” of the Standard Construction Specification Documents. 36. Hazardous Environmental Condition—The presence at the Site of Asbestos, P C B s , Petroleum, Hazardous Waste, Radioactive Material, or any other substance, product, waste or materials, in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 37. Hazardous Waste—Any solid waste listed as hazardous or which possesses one or more hazardous characteristics as defined in applicable Laws and Regulations. 38. Incidental or incidental—Work items that the Contractor is not paid for directly, but costs for which are included under the various bid items of the Project. 39. Laws and Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 220 00 72 00 GENERAL CONDITIONS Page 4 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or any portion or part of the Work to be performed. 40. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 41. Major Item—An item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price. 42. Milestone—A principal event specified in the Contract Documents relating to the performance of an identified portion of the Work by an intermediate Contract Time prior to Final Acceptance of the Work. 43. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed in such notice, City will sign and deliver the Agreement. 44. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 45. PCBs—Polychlorinated biphenyls. 46. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), and including but not limited to oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 47. Plans—This term will have the same definition of as “Drawings”. 48. Project —The Work to be performed under the Contract. 49. Project Manager—The authorized representative of the City who will be assigned to the Project. 50. Project Manual—The documentary information prepared for bidding or proposing and furnishing the Work. 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising Contractor’s plan to achieve each Milestone and accomplish the Work within the Contract Time. 52. Public Meeting—An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 53. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged. 54. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements toto support scheduled performance of related construction activities. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 221 00 72 00 GENERAL CONDITIONS Page 5 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 55. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 56. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 57. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 58. Specifications or Technical Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Section 00 00 00) of the Project. 59. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 60. Submittal—All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to the City to illustrate some portion of the Work. 61. Subsidiary or subsidiary—These terms will have the same definition as “Incidental. or incidental”. 62. Successful Bidder—The Bidder to whom City issues a Notice of Award. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and is the Proposer or Offeror submitting the proposal or offer that provides the best value to the City and to whom the City issues a Notice of Award. 63. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 64. Supplementary Conditions—The part of the Contract set forth at Division 00 73 00 that amends or supplements these General Conditions. 65. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or a Subcontractor. 66. Underground Facilities—All underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 222 00 72 00 GENERAL CONDITIONS Page 6 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 67. Unit Price Work—Work for which the Contract Price is determined by multiplying the unit price for the item by the estimated quantity of the item. 68. Weekend Working Hours—Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, as approved in advance by the City for performing Work. 69. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order,, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 70. Working Day—Defined as a Business Day but excluding any days that weather or other conditions beyond the reasonable control of the Contractor prevents the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m. 1.02 Terminology A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract includes the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by CityCity. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of judgment, action, or determination will be to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: 1. does not conform to the Contract Documents; or 2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or 3. has been damaged prior to City’s written notice of Final Acceptance. D. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 223 00 72 00 GENERAL CONDITIONS Page 7 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, means to execute, carry out, furnish and install said services, materials, or equipment complete and ready for intended use. 4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use. E. Unless stated otherwise in the Contract, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond , payment bond and maintenance bond that comply with the provisions of Chapter 2253 of the Texas Government Code. Work will not be allowed to begin until the performance and payment bonds have been provided by the Contractor to the City. B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6. Work will not be allowed to begin until the evidence of insurance has been provided by the Contractor to the City. 2.02 Copies of Documents A. City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract, and three (3) additional copies of the Drawings. Additional printed copies will be furnished upon request at the cost of reproduction. 2.03 Before Starting Construction Baseline starting Work, Contractor shall submit for review by City the following in accordance with the Contract Documents: A. Baseline Schedules in accordance with General Requirements, Section 01 32 16. B. Preliminary Schedule of Submittals. C. Preliminary Schedule of Values: For lump sum contracts, a Schedule of Values for all of the Work that includes quantities and prices of items that when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 224 00 72 00 GENERAL CONDITIONS Page 8 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2.04 Preconstruction Meeting A. Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meeting as specified in Section 01 31 19. 2.05 Public Meeting A. Contractor may not mobilize any equipment, materials, or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.06 Initial Acceptance of Schedules A. No progress payment shall be made to Contractor until acceptable Project Schedules are submitted to City in accordance with the Contract Documents. 2.07 Electronic Submittals and Transmittals A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means. B. If the Contract does not establish protocols for Electronic Means, then City and Contractor shall jointly develop such protocols. C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long- term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one Contract Document is as binding as if required by all. B. It is the intent of the Contract to describe a functionally complete Project to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. City will issue clarifications and interpretations of the Contract Documents as provided herein. D. The Specifications may vary in form, forma and style. Some Specification sections may be written in varying degrees of streamlined or declarative style, and some sections may be relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims or Damage Claims. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 225 00 72 00 GENERAL CONDITIONS Page 9 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. The cross-referencing of Specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross-referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not cross-referencing is provided in each section or whether the cross-referencing is complete or accurate. 3.02 Reference Standards A. Standards Specifications, Codes, Laws and Regulations 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of CityCity, Contractor, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements, and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.1717) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by City, or by an amendment or supplement to the Contract issued pursuant to Paragraph 11.01. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 226 00 72 00 GENERAL CONDITIONS Page 10 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and: a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier; or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern over General Conditions and Specifications. 3.04 Requirements of the Contract Documents A. During the performance of the Work and until final payment, Contractor shall submit to the City in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. City will be the interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work. B. City will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. City’s written clarification, interpretation, or decision will be final and binding on Contractor, unless Contractor appeals by filing a Contract Claim. 3.05 Reuse of Documents A. Contractor and its Subcontractors and Suppliers shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of CityCity and specific written verification or adaptation by Engineer; or 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or violate any copyrights pertaining to such Contract Documents. B. The prohibitions of this Paragraph 3.05 05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 227 00 72 00 GENERAL CONDITIONS Page 11 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Time; Notice to Proceed A. The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract. 4.02 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work may be done at the Site prior to the date on which the Contract Time commences to run. 4.03 Delays in Contractor’s Progress A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. The City shall be liable only to the extent allowed by the provisions of the Contract and as allowed by Subchapter I, Chapter 271 of the Texas Local Government Code. B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be deemed to be within the control of Contractor. C. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, that the Contract specifies is to be furnished by the City. D. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for whom they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Time. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph 4.03. D. The Contractor is responsible for the prompt submission of a request for an adjustment to the Contract Time under this Paragraph to the City. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Time under this Paragraph include but are not limited to the following: 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; 2. Abnormal weather conditions; 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with City, as contemplated in Article 8); and DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 228 00 72 00 GENERAL CONDITIONS Page 12 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 4. Acts of war or terrorism. E. Contractor’s entitlement to an adjustment of Contract Time or Contract Price is limited as follows: 1. Contractor’s entitlement to an adjustment of the Contract Time is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference. 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Time to which Contractor is otherwise entitled. 3. Adjustments of Contract Time or Contract Price are subject to the provisions of Article 11. F. Each Contractor request or Change Order seeking an increase in Contract Time or Contract Price must be supplemented by supporting data that sets forth in detail the following: 1. The circumstances that form the basis for the requested adjustment; 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; 4. The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference; and 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.08. 6. Contractor shall also furnish such additional supporting documentation as City may require including, where appropriate, a revised Project Schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the Work. G. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from undisclosed Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.03.F and 4.03.G. ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 229 00 72 00 GENERAL CONDITIONS Page 13 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Contractor must comply in performing the Work. City will be responsible for obtaining any necessary easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. Unless otherwise specified in the Contract Documents, the City has or anticipates moving and/or relocating utilities, and obstructions to the Site. Any outstanding movement or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be moved and/or relocated by others. B. Upon reasonable written request of Contractor, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. C. Contractor shall provide for any additional lands and access thereto not included in the Site that may be required for construction facilities or storage of materials and equipment. The cost of such shall be part of the Contract Price. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, worker car parking and the operations of workers to the Site, to adjacent areas that Contractor has arranged to use through construction easements or otherwise, and to other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with worker car parking, construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries, including death, and damage to or losses of property sustained by the owners or occupants of any such land or areas; provided that such damage, losses, injuries or deaths arose out of or result from the performance of the Work or arose out of or resulted from any other actions or conduct of the Contractor or those for whom Contractor is responsible. 2. At any time when, in the judgment of the City, the Contractor has obstructed, closed, or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to reduce the area impacted to only that necessary for proper execution of the Work and/or to finish the section on which operations are in progress before work is commenced on any additional area of the Site. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 230 00 72 00 GENERAL CONDITIONS Page 14 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 3. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and supply storage buildings, or any other item that may be transported by flood flows, shall not be stored within existing federal floodways during the course of the Work. 4. Should any Damage Claim be made by any such owner or occupant adversely impacted because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 5. PURSUANT TO PARAGRAPH 7.21, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO ANY CLAIM OR ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH ADVERSELY IMPACTED OWNER OR OCCUPANT AGAINST CITY. B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: If 24 hours after written notice is given to the Contractor that the clean-up at the Site is insufficient or occurring in a manner unsatisfactory to the City, the Contractor fails to correct the unsatisfactory condition and/or procedures, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct corrective action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor under the Contract. D. Final Site Cleaning: Prior to Final Acceptance of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by City and any adjacent property owners, if applicable. At the completion of the Work, Contractor shall remove from the Site and adjacent areas all tools, appliances, construction equipment and machinery, surplus materials, waste materials, rubbish and other debris and shall restore to original condition or better all areas impacted or disturbed by the Work. E. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them. 5.03 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. Those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. Those drawings known to City of existing physical conditions at or contiguous to the Site, including those drawings known to City depicting existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities.). B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 231 00 72 00 GENERAL CONDITIONS Page 15 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as technical data. C. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of theirits officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either: 1. is of such a nature as to establish that any “technical data” is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), notify City in writing about such condition. B. Possible Price and Time Adjustments 1. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: a. Contractor knew of the existence of such condition at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under the Contract; or DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 232 00 72 00 GENERAL CONDITIONS Page 16 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 b. The existence of such condition reasonably could have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or c. Contractor failed to give the written notice required by Paragraph 5.04.A. C. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or location of Underground Facilities, or to Hazardous Environmental Conditions. 5.05 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others, unless it is otherwise expressly provided in the Supplementary Conditions:: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all information and data; b. verifying the actual location of those Underground Facilities shown or indicated in the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction; c. coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during construction; and d. the safety and protection of all existing Underground Facilities at the Site, and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility that is uncovered or revealed at the Site was not shown or indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), identify the owner of such Underground Facility and give notice to that owner and to City. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences, subject to the provisions of Article 11. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 233 00 72 00 GENERAL CONDITIONS Page 17 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 5.06 Hazardous Environmental Conditions at Site A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at the Site; or 2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Reliance by Contractor on Technical Data: Contractor is provided certain technical data identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or 4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. C. Contractor shall not be responsible for a Hazardous Environmental Condition uncovered or revealed at the Site if such Hazardous Environmental Condition was not shown or indicated in Drawings or Specifications or identified if the removal or remediation of such Hazardous Environmental Condition was not identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created by the actions of or with any materials brought to the Site by Contractor, Subcontractors, Suppliers or anyone else for whom Contractor is responsible and the costs associated with the same. D. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.17); and (3) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 234 00 72 00 GENERAL CONDITIONS Page 18 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. Contractor shall not be required to resume Work in connection with a Hazardous Environmental Condition identified pursuant to Paragraph 5.06.D or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed. F. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work and the Contract Price. City may have such deleted portion of the Work performed by City’s own forces or others. G. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE. NOTHING IN THIS PARAGRAPH 5.06.CityG OBLIGATES CONTRACTOR TO INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 6 – BONDS AND INSURANCE 6.01 Licensed Sureties and Insurers A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 6.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish a performance bond and a payment bond, in accordance with the provisions of the Texas Government Code Chapter 2253 or successor statute and as required by the City, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. The performance and payment bonds must be provided by the Contractor to the City prior to the Contractor beginning any Work. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 235 00 72 00 GENERAL CONDITIONS Page 19 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. The maintenance bond(s) shall be provided as directed by the City as part of the close-out of the Contract and shall be provided prior to the final payment being made. C. All bonds shall be in the form prescribed by the Contract Documents, except as provided otherwise by Laws and Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond. D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or the surety ceases to meet the requirements above, or its right to do business is terminated in the State of Texas, then Contractor shall promptly notify City in writing and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above. E. If Contractor has failed to obtain a required bond, City may refuse to allow the Contractor to begin Work, exclude the Contractor from the Site and exercise City’s termination rights under Article 15. F. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity. 6.03 Certificates of Insurance A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance and endorsements (and other evidence of insurance requested by City or any other additional insured) establishing that Contractor has obtained and is maintaining the policies and coverages required by these General Conditions and the Supplementary Conditions prior to beginning any Work. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “additional insureds” on all liability policies. 2. The Contractor’s general liability insurance shall include a “per project” or “per location” endorsement, that shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide. 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 236 00 72 00 GENERAL CONDITIONS Page 20 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 financial strength and solvency to the satisfaction City. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage or to provide such certificates or other evidence of full compliance with the insurance requirements. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If If City agrees in writing that coverage is underwrittenmay be written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the Agreement and the certificate of insurance shall state that the coverage is claims- made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance or for the warranty period provided for under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements that either nullify or amend the required lines of coverage, nor or decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Notice of an Award has been issued or the Agreement executed, and the policy exclusions are determined to be unacceptable or the City desires that the Contractor obtain additional insurance coverage the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. For any proposed self-insured retention (SIR),) in excess of $25,000.00, affecting insurance coverage, Contractor must obtain the written approval of the City in regard to asset value and stockholders' equity. In lieu of traditional insurance, proposed alternative coverage maintained through insurance pools or, risk retention groups, or self-funding will also require the written approval of the City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis must be acceptable to and approved in writing by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and limits when deemed necessary and prudent by the City based upon the scope of the Work, changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City will provide prior notice of 90 days and the insurance adjustments shall be incorporated into the Work by Change Order. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 237 00 72 00 GENERAL CONDITIONS Page 21 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 13. City shall be entitled, upon written request to Contractor and without expense to City, to receive copies of policies and endorsements thereto and. City may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 6.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability: Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury, including death, or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury including death, liability under an insured contract, and explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. 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 policy shall have no exclusions by endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, that are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the Contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions)). C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because of bodily injury or death of any person and/or property damage arising out of or related to the work, maintenance or use of any motor vehicle by the Contractor, any DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 238 00 72 00 GENERAL CONDITIONS Page 22 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the Work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop Work until replacement insurance has been procured. There shall be no time credit for delays or days not worked pursuant to this section. 6.05 Acceptance of Bonds and Insurance; Option to Replace A. If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 6 or the Supplementary Conditions on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Such failure to provide bonds or insurance as required by the Contract Documents is a breach of the terms of the Contract and the City may terminate the Contractor in accordance with the provisions of the Contract Documents. ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES 7.01 Contractor’s Means and Methods of Construction A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. If the Contract Documents note, or Contractor determines, that professional engineering or other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at Contractor’s expense. Such services are not City-delegated professional design services under this Contract, and neither City nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services. 7.02 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. B. At all times during the progress of the Work, Contractor shall identify and assign a competent superintendent, who is proficient in English, and who shall not be replaced without written DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 239 00 72 00 GENERAL CONDITIONS Page 23 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 notice to City of the name of the replacement superintendent. If at any time the superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the superintendent with another satisfactory to City. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 7.03 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Contractor shall be fully responsible to City for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions. C. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours on Business Days. Contractor will not permit the performance of Work outside of regular working hours on Business Days without City’s prior written consent (which will not be unreasonably withheld)). Contractor’s written request (by letter or electronic communication) for City’s written consent must be made as follows: 1. for Work beyond regular working hours on Business Days, request must be made by noon at least two (2) Business Days prior; 2. for Work during Weekend Working Hours, request must be made by noon of the preceding Wednesday; and 3. for Work on state or federal holidays observed by the City, request must be made sufficiently in advance of the holiday, to satisfy requirements for City Council approval. 7.04 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of sufficient quality to complete the Work, and must be new and of good quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 240 00 72 00 GENERAL CONDITIONS Page 24 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 7.05 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.06 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to the City for acceptance (to the extent indicated in Paragraph 2.06 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments must comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment request for the duration of the Contract in accordance with the Construction Progress Schedule, General Requirements 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 11. Adjustments in Contract Time may only be made by a Change Order. 7.06 “Or Equals” A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that City permit the use of other items of equipment or material, or items from other proposed Suppliers, under the circumstances described below. 1. If City in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or equal” item. For the purposes of this Paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and 4) it is not objectionable to City. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 241 00 72 00 GENERAL CONDITIONS Page 25 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 b. Contractor certifies that, if the proposed item is approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents. B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense. C. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each “or-equal” request. City may require Contractor to furnish additional data about the proposed “or-equal” item. City will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an “or-equal.” City.” City will advise Contractor in writing of its determination. D. Effect of City’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The City’s denial of an “or-equal” request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. E. Treatment as a Substitution Request: If City determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that City consider the item a proposed substitution pursuant to Paragraph 7.07. 7.07 Substitutions A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or is followed by words reading that no substitution is permitted, Contractor may request that City permit the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related Work at the Site. 1. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitution therefor. City will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor. 2. The requirements for review by City will be as set forth in Paragraph 7.07.B, as supplemented by the Specifications, and as City may decide is appropriate under the circumstances. 3. Contractor shall make written application to City for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: a. will certify that the proposed substitute item will: 1) perform adequately the functions and achieve the results called for by the general design; 2) be substantially similar in substance to the item specified; and DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 242 00 72 00 GENERAL CONDITIONS Page 26 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 3) be well-suited to the same use as the item specified. b. will state: 1) the extent, if any, to which the use of the proposed substitute item will adversely impact Contractor’s achievement of Final Acceptance on or before the Contract Time; 2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; and 3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. c. will identify: 1) all variations of the proposed substitute item from the item specified; and 2) available engineering, sales, maintenance, repair, and replacement services. d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in Contract Price, shared savings, costs of redesign, and Damage Claims of other contractors affected by any resulting change. B. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each substitution request. City may require Contractor to furnish additional data about the proposed substitute item. City will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an acceptable substitution. City’s approval determination will be evidenced by a Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time. City will advise Contractor in writing of any denial determination. C. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitution. Contractor shall indemnify and hold harmless City and its officers, elected and appointed officials, employees, agents, consultants and subcontractors and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorney’s fees) arising out of or relateds to the use of substituted materials or equipment. D. Reimbursement of City’s Cost: City will record City’s costs in evaluating a substitution proposed or submitted by Contractor. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for evaluating each such proposed substitute. Contractor shall also reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 243 00 72 00 GENERAL CONDITIONS Page 27 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 F. City Substitution Reimbursement: Cost savings attributable to acceptance of a substitution shall be paid to City by Contractor by an appropriate Change Order decreasing the Contract Price. G. Effect of City’s Determination: If City approves the substitution request, Contractor shall execute the proposed Change Order and proceed with the substitution. The City’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.07.D, by timely submittal of a Change Order. 7.08 Concerning Subcontractors and Suppliers A. Contractor shall perform with its own organization, and with the assistance of workmen under its immediate superintendence, work of a value not less than 35% of the Contract Price, unless otherwise approved by the City. B. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection, except as provided in Paragraph 7.08.C. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract. C. The City may require the use of specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work , and will provide such requirements in the Supplementary Conditions. D. Contractor shall provide to City as part of the Bid, the identity of all proposed Subcontractors and Suppliers. Such proposed Subcontractor or Supplier shall be deemed acceptable to City unless City raises a substantive, reasonable objection prior to execution of the Agreement. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. No acceptance by City of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of City to the completion of the Work in accordance with the Contract Documents, Contract Price and Contract Time. G. Contractor shall be solely responsible for scheduling and coordinating the tasks of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 244 00 72 00 GENERAL CONDITIONS Page 28 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 H. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of City. Contractor must comply with all applicable federal, state, and local laws, statutes, ordinances or regulations, including but not limited to immigration laws, workers compensation laws and wage laws, in the hiring of any Subcontractor or Supplier and shall ensure that each Subcontractor or Supplier has the same obligations. I. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, except through Contractor or in case of an emergency, or as otherwise expressly allowed in this Contract. 7.09 Wage Rates A. Duty to pay Prevailing Wage Rates: The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Denton to be the prevailing wage rates in accordance with Chapter 2258. The then current prevailing wage rates at the time of execution of the Agreement are included in these Contract Documents. B. Penalty for Violation: A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code Section 2258.023. C. Complaints of Violations and City Determination of Good Cause: On receipt of information, including a complaint by a worker, concerning an alleged violation of Section 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being retained from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved: An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph 7.09.C. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 245 00 72 00 GENERAL CONDITIONS Page 29 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. Records to be Maintained: The Contractor and each Subcontractor shall, for a period of three (3) years following the date of Final Acceptance, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be available in Denton County, Texas at all reasonable hours for inspection by the City. The provisions of Paragraph 7.23, Right to Audit, shall pertain to this inspection. F. Progress Payments: With each progress payment request or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates: The Contractor shall post prevailing wage rates in a conspicuous place at the Site at all times. H. Subcontractor Compliance: The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs 7.09.A through 7.09.G. 7.10 Patent Fees and Royalties A. Contractor shall pay all patent or license fees and royalties and pay all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any patent or license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay said fees or, royalties or costs to others. B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE. 7.11 Permits and Utilities A. Contractor obtained permits and licenses. Unless otherwise expressly provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. City shall provide reasonable assistance to Contractor, if necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work applicable at the time the Notice of Award is issued, except for permits provided by the City as specified in Paragraph 7.11.B. City shall pay the charges of utility service providers for connections for providing permanent service to the Work. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 246 00 72 00 GENERAL CONDITIONS Page 30 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. City obtained permits and licenses. City will obtain and pay for those permits and licenses identified as City’s responsibility in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to comply with and carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. relating to the changes. The City will not reimburse the Contractor for any cost associated with the requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits 5. Texas Department of Licensing and Regulation (TDLR) Permits C. Outstanding permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 7.12 Taxes A. On issuance of a Notice of Award by the City, an organization which qualifying for exemption pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to hisits Supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 7.13 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, City shall not be responsible for monitoring Contractor’s compliance with any Laws and Regulations. B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws and Regulations, Contractor shall be liable for all resulting claims, costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 247 00 72 00 GENERAL CONDITIONS Page 31 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action. C. Changes in Laws and Regulations not known at the time of the City’s issuance of a Notice of Award having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 7.14 Record Documents A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. Contractor shall include accurate locations for buried and imbedded items. These record documents, together with all approved Samples, will be available to City for reference. Upon completion of the Work, Contractor shall deliver these record documents to City prior to Final Inspection. 7.15 Safety and Protection A. As between City and Contractor, Contractor shall be responsible for the safety of persons and property in the performance of the Work, for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and for compliance with applicable safety Laws and Regulations. B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. Contractor shall inform the City in writing of Contractor’s designated safety representative at the Site. C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. D. All damage, injury, or loss to any property referred to in Paragraph 7.1515.C.2 or 7.1515.C.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be the responsibility of and remedied by Contractor at its expense. E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 248 00 72 00 GENERAL CONDITIONS Page 32 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 and shall implement, erect and maintain all necessary safeguards for such safety and protection. F. Contractor shall notify CityCity; the owners of adjacent property; the owners of Underground Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. G. Contractor shall comply with the applicable requirements of City’s safety programs, if any. H. Contractor shall inform City in advance in writing of the specific requirements of Contractor’s safety program with which City’s and Engineer’s employees and representatives must comply while at the Site. I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed and City has issued a Letter of Final Acceptance. J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents. 7.16 Hazard Communication Programs A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws and Regulations. 7.17 Emergencies and/or Rectification A. In the event of threatened or actual emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to immediately act to prevent damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency or are required as a result of Contractor’s response to an emergency. If City determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take proper action within 24 hours to fulfill this written request or fails to show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City resources or by contract. The City shall deduct an amount equal to the entire cost for such remedial action, plus 25% from any funds due or to become due the Contractor on the Project. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 249 00 72 00 GENERAL CONDITIONS Page 33 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 7.18 Submittals A. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.03). 1. Contractor shall submit the Submittals in accordance with Section 01 33 00 of the General Requirements. 2. Data shown on the Submittals must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to demonstrate to City the services, materials, and equipment Contractor proposes to provide, and to enable City to review the information for the limited purposes required by Paragraph 7.18.C. 3. Submittals reviewed and accepted by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct a review or take responsive action may be so identified in the Contract Documents. 6. Contractor shall submit the required number of Samples specified in the Specifications. 7. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which it is intended and other data as City may require to enable City to review the Submittal for the limited purposes set forth in Paragraph 7.18.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole risk, expense and responsibility of Contractor. C. City’s Review 1. City will provide timely review of Submittals in accordance with the accepted Schedule of Submittals. City’s review and acceptance will be to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents), or to safety precautions or programs incident thereto. 3. City’s review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 4. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 of the General DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 250 00 72 00 GENERAL CONDITIONS Page 34 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Requirements, and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. 5. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6. City’s review and acceptance of a Submittal, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Time or Contract Price, unless such changes are included in a Change Order. 7. Neither City’s receipt, review, or acceptance of a Submittal will result in such item becoming a Contract Document. 8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Submittals, subject to the provisions of Section 01 33 00 of the General Requirements. 7.19 Continuing the Work A. Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 7.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Contractor’s warranty and guarantee under this Paragraph 7.20: 1. Observations by Engineer or City; 2. Recommendation by Engineer or payment by City of any progress or final payment; 3. The issuance of a letter or certificate of Final Acceptance by City or any payment related thereto by City; 4. Use or occupancy of the Work or any part thereof by City; 5. Any review and acceptance of a Submittal by City; DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 251 00 72 00 GENERAL CONDITIONS Page 35 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 6. Any inspection, test, or acceptance by others; or 7. Any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified. Contractor shall furnish a good and sufficient maintenance bond, complying with the requirements of Paragraph 6.02.B. The City will give notice of observed defects with reasonable promptness. 7.21 Indemnification A. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM , FROM AND AGAINST ANY AND ALL CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THESE CONTRACT DOCUMENTS. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES INCURRED IN DEFENDING AGAINST SUCH CLAIMS AND CAUSES OF ACTIONS. B. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM FROM AND AGAINST ANY AND ALL LOSS, DAMAGE OR DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES UNDER THIS CONTRACT. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY OR ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 252 00 72 00 GENERAL CONDITIONS Page 36 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 7.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations. C. If a Submittal related to the requirements indicated in Paragraph 7.22.B is prepared by Contractor, a Subcontractor, or others for submittal to City, then such Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to City. D. City shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under the conditions indicated in Paragraph 7.22.B, subject to the professional standard of care and the performance and design criteria stated in the Contract Documents. E. Pursuant to this Paragraph 7.22, City’s review, acceptance, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to the conditions indicated in Paragraph 7.22.B, will be only for the following limited purposes: 1. Checking for conformance with the requirements of this Paragraph 7.22; 2. Confirming that Contractor (through its design professionals) has used the performance and design criteria specified in the Contract Documents; and 3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents. 7.23 Right to Audit A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract during the term of the Contract and for five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be made available, in Denton County, Texas within ten (10) Business Days of City’s written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within Denton County, Texas. Except as otherwise provided herein, the cost of the audit will be borne by the City DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 253 00 72 00 GENERAL CONDITIONS Page 37 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 unless the audit reveals an overpayment of 1% or greater. If the City is undertaking an audit or inspection pursuant to Paragraph 7.09 or if an overpayment of 1% or greater occurs, the City’s reasonable cost of the audit, including any travel costs, must be paid by the Contractor within five (5) Business Days of receipt of City’s invoice for such costs. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 7.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit-related projects, funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Contractor shall comply with the requirements of Title VI, Civil Rights Act of 1964 as amended and the regulations promulgated thereunder, as may be further defined in the Supplementary Conditions, for any project receiving Federal assistance. ARTICLE 8 – OTHER WORK AT THE SITE 8.01 Other Work A. In addition to and apart from the Work under the Contract Documents, the City may perform other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third- party utility owners perform work on their utilities and facilities at or adjacent to the Site. B. If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work, if such other work is not noted in the Contract Documents. C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 254 00 72 00 GENERAL CONDITIONS Page 38 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Contractor’s Work except for latent defects and deficiencies in such other work that could not have been discovered through a proper inspection. F. The provisions of this Article 8 are not applicable to work that is performed by third-party utilities or other third-party entities without a contract with City, or that is performed without having been arranged by City. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.03.D.3. 8.02 Coordination A. If City intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with City’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Contractor prior to the start of any such other work: 1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors; 2. An itemization of the specific matters to be covered by such authority and responsibility; and 3. The extent of such authority and responsibilities. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. 8.03 Legal Relationships A. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner performing other work at or adjacent to the Site. 1. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work. B. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure to take reasonable and customary measures to avoid such impacts, or if any Damage Claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor, City, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend and hold harmless City and Engineer, and the officers, elected and appointed officials, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 255 00 72 00 GENERAL CONDITIONS Page 39 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 9 – CITY’S RESPONSIBILITIES 9.01 Communications to Contractor A. Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 9.02 Furnish Data A. City shall promptly furnish the data required of City under the Contract Documents. 9.03 Pay When Due A. City shall make payments to Contractor when they are due in accordance with and subject to the provisions of Article 14. 9.04 Lands and Easements; Reports, Tests, and Drawings A. City’s duties with respect to providing lands and easements are set forth in Paragraph 5.01. B. Article 5 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 9.05 Change Orders A. City’s responsibilities with respect to Change Orders are set forth in Article 11. 9.06 Inspections, Tests, and Approvals A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.02.DD. 9.07 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.08 Undisclosed Hazardous Environmental Condition A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06. 9.09 Compliance with Safety Program A. While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed in advance in writing pursuant to Paragraph 7.15. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 256 00 72 00 GENERAL CONDITIONS Page 40 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION 10.01 City’s Project Manager or Duly Authorized Representative A. City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager or duly appointed representative during construction are set forth in the Contract Documents. B. City’s Project Manager for these Contract Documents is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19 of the General Requirements. 10.02 Visits to Site A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s visits and observations are subject to all the limitations on City’s responsibility set forth in Paragraph 99.07. Particularly, but without limitation, during or as a result of City’s visits or observations of Contractor’s Work, City will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. 10.03 Determinations for Work Performed A. As applicable, Contractor will determine the actual quantities and classifications of Work performed.. City’s Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 10.04 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the interpreter of the requirements of the Contract Documents and judge the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 11.07. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 257 00 72 00 GENERAL CONDITIONS Page 41 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 11 – CHANGES ININ THE WORK; CLAIMS; EXTRA WORK 11.01 Amending and Supplementing the Contract A. The Contract may be amended toto provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof, including in the Contract Price or Contract Time, but such amendment will be made by Change Order only. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one of the following ways: 1. A Field Order; or 2. City’s review of a Submittal (subject to the provisions of Paragraph 7.18.C); or 3. City’s written interpretation or clarification. 11.02 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. Changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed.. 2. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.04, (b) required because of City’s acceptance of defective Work under Paragraph 13.05 or City’s correction of defective Work under Paragraph 13.08, or (c) as otherwise agreed to by the parties. 11.03 Field Orders A. City may authorize minor variations and deviations in changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on both the City and Contractor, which shall perform the Work involved promptly. 11.04 Authorized Changes in the Work – Extra Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra Work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by City. 11.05 Unauthorized Changes in the Work A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 258 00 72 00 GENERAL CONDITIONS Page 42 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Documents, as amended, modified, or supplemented as allowed herein, except in certain cases of an emergency as provided in Paragraph 7.17.A. 11.06 Dispute of Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment for such Extra Work, and the City requires its performance, the Contractor shall proceed with the Extra Work after making written request for a Change Order and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 11.07. B. The Contractor shall furnish the City such records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual work performed. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be the full, complete and final payment for all charges, fees and costs Contractor incurs as a result of or relating to the Extra Work, whether said charges, fees or costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any charges, fees or costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the Extra Work. 11.07 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.08, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City no later than 45 days after the start of the event giving rise thereto (unless the City notifies Contractor in writing that City will allow additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 11.08. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 11.09. 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 259 00 72 00 GENERAL CONDITIONS Page 43 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 6. The City shall submit any response to the Contractor within 30 days after receipt of the Contractor’s last submittal (unless in connection with the Contract Claim (unless Contractor allows the City additional time to submit a response). C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor unless action by City’s Council is required, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. D. City’s written action under this Paragraph 11.07 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 11.07. F. If the City fails to take any action pursuant to this Paragraph 11.07, the Contract Claim is considered to have been denied by the City. 11.08 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. TheThe value of any Work covered by a Change Order will be determined as follows: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.03); 2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.08.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum or unit price, then on the basis of the Cost of the Work (determined as provided in Paragraph 12.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.08.C). C. Contractor’s Fee: The Contractor’s fee for overhead and profit will be determined as follows: 1. A mutually acceptable fixed fee; or 2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 260 00 72 00 GENERAL CONDITIONS Page 44 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 a. For costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3, the Contractor’s fee will be 15 percent except for: 1) rental fees for Contractor’s own equipment; and 2) bonds and insurance; b. For costs incurred under Paragraph 12.01.B.4, the Contractor’s fee will be 5 percent; 1) Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.08.C.2.a and 11.08.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15 percent of the costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, in no case shall the cumulative total of fees paid be in excess of 25% of the Cost of the Work; c. No fee will be payable on the basis of costs itemized under Paragraphs 12.01.B.5, 12.01.B.6, and 12.01.C; d. The amount of credit to be allowed by Contractor to City for any change which results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and 11.09 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed under a Change Order for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. C. Delay, disruption, and interference in the Work, and any related changes in Contract Time, are addressed in and governed by Paragraph 4.03. 11.10 Notification to Surety A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 261 00 72 00 GENERAL CONDITIONS Page 45 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 12.01 Cost of the Work A. Purposes for Determination of Cost of the Work: The term “Cost of the Work” means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 12.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or 2. When needed to determine the value of a Change Order. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment. B. Costs Included: The term, “Cost of the Work” means the sum of all costs, except those excluded in Paragraph 12.01.C, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall be in amounts no higher than those calculated based on the prevailing wage rates contained in the Contract Documents, shall not include any of the costs itemized in Paragraph 12.01.C, and may include as applicable, but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs shall include, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours on Business Days, during Weekend Working Hours, or on a state or federal holiday observed by the City, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery and the parts thereof, whether rented from Contractor or others, in accordance with rental agreements approved in writing by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. and the Contract Documents. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 262 00 72 00 GENERAL CONDITIONS Page 46 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City . Contractor shall deliver such bids to City, which will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 12.01 and Paragraph 11.08.C. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services specifically related to the Work and specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically included in the Contract. 6. Supplemental costs consisting of the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, and temporary office or facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations, excluding those taxes for which an exemption is available as described in Paragraph 7.12. d. Deposits lost for causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of CityCity. No such losses, damages, and expenses will be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as communication service at the Site, express and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain. C. Costs Excluded: The term Cost of the Work does not include any of the following items: DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 263 00 72 00 GENERAL CONDITIONS Page 47 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically covered in the Contract. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the acts, omissions, negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. D. Contractor’s Fee 1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then: a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Agreement will be determined as set forth in the Contract. b. for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as set forth in Paragraph 11.08.C. 2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order forfor an adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.08.C.2. E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 12, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices, and submit in a form acceptable to City an itemized cost breakdown together with supporting data. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by City. Contractor will be responsible for ensuring that pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent as is required of Contractor. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 264 00 72 00 GENERAL CONDITIONS Page 48 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 12.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Cash Allowances: Contractor agrees that: 1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances, have been included in the Contract Price and not in the allowances, and no demand for additional payment for any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted. 12.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 10.03. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to Unit Price Work listed and the cost of incidental work included as part of the unit price. D. Adjustments in Contract Price 1. City may make an adjustment in the Contract Price in accordance with Paragraph 11.08 if: a. the quantity of the item of Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and b. there is no corresponding adjustment with respect to any other item of Work. 2. Adjusted unit prices will apply to all units of that item. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 265 00 72 00 GENERAL CONDITIONS Page 49 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 11.04. 1. If the changes in quantities or the alterations do not significantly change the character of the Work under the Contract Documents, the altered Work will be paid for at the Contract unit price. 2. If the changes in quantities or alterations materially and significantly change the character of the Work, the Contract will be amended by a Change Order. 3. If no unit prices exist, thisany increase or decrease in quantities will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 11. 4. A significant change in the character of Work occurs when: a. the character of work for any Item as altered differs materially or significantly in kind or nature from that in the Contract; or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment A. Plans quantities may or may not represent the exact quantity of Work performed or material moved, handled, or placed during the term of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised in accordance with the Contract. B. If the total actual quantity measured for an individual item varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized Work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 11. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount identified in the approved change, and the 25% variance provisions of Paragraph 12.04.B will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 266 00 72 00 GENERAL CONDITIONS Page 50 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Access to Work A. City and its Engineer, consultants, representatives, employees, and independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable. 13.02 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work (or specific parts thereof) for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests. B. If the Contract Documents or any Laws and Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection, testing or approval, except that those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall will be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging, obtaining, and paying for all inspections, tests, re-tests, and approvals required: 1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to City; 2. to attain City’s acceptance of materials or equipment to be incorporated in the Work; 3. by manufacturers of equipment furnished under the Contract Documents; 4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and 5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 267 00 72 00 GENERAL CONDITIONS Page 51 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2. Should any Testing under this Section 13.03.D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.02.D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If the Contract Documents require the Work (or part thereof) to be approved by City or another designated individual or entity, then Contractor shall assume full responsibility for seeking and obtaining such approvals. F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without the written approval of City, Contractor shall, if requested by City, uncover such Work for observation. Such uncovering and the recovering of such Work will be at Contractor’s expense. 13.03 Defective Work A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective. B. City’s Authority: City has the authority to determine whether Work is defective, and to reject defective Work. C. Notice of Defects: Written notice of all defective Work of which City has actual knowledge will be given to Contractor. D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed, or completed, or, if City has rejected the defective Work, shall remove the defective Work from the Project and replace it with Work that is not defective. Failure to require the removal of any defective Work shall not constitute acceptance of such Work. E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair City’s warranty and guarantee, if any, on said Work. F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Contractor or City by governmental authorities because the Work is defective, and the costs of repair, replacement or reconstruction of work of others resulting from defective Work. 13.04 Rejecting Defective Work A. City will have authority to reject Work which City believes to be defective or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 268 00 72 00 GENERAL CONDITIONS Page 52 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 of the Work as provided in this Article 13, whether or not the Work is fabricated, installed, or completed. 13.05 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work, and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of the Work so accepted. 13.06 Uncovering Work A. City has the authority to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the Contract Documents or specific instructions of City and if requested by City, Contractor shall uncover such Work for City’s observation, inspection or testing and then replace the covering, all at Contractor’s expense. C. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, then Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, and provide all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others). City shall be entitled to accept defective Work in accordance with Paragraph 13.05 and in such case Contractor shall still be responsible for all costs associated with exposing, observing, and testing defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time to the extent directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.07 City May Stop the Work A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or Contractor fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been corrected or eliminated; however, this right of City to stop the Work will not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or any employee or agent of, any of them. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 269 00 72 00 GENERAL CONDITIONS Page 53 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 13.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace defective Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, then City may, after providing 7 days’ advance written notice to Contractor, correct or remedy any such deficiency. B. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow CityCity, City’s representatives, agents and employees, and City’s other contractors access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.08. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court, or arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.08 will be the responsibility of and will be charged against Contractor. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies under this Paragraph 13.08. ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD 14.01 Progress Payments A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph 2.03 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the provisions of Paragraph 12.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period. B. Applications for Payments 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment (but not more often than once a month), Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 270 00 72 00 GENERAL CONDITIONS Page 54 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) bill of sale, invoice, or purchase order payments, copies of cancelled checks or other documentation establishing full payment by Contractor for the materials and equipment; (b) at City’s request, documentation warranting that City has received the materials and equipment free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, or other arrangements to protect City’s interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received on account of the Work by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. C. Review of Applications 1. City will, after receipt of each Application for Payment, either indicate in writing it will proceed to process the Application for Payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that based City’s actual knowledge: a. the Work has progressed to the point indicated; and b. the quality and/or quantity of the Work is generally in accordance with the Contract Documents (subject to any subsequent evaluations of the Work, an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests or inspections called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraphs 10.05 and 12.03, and any other qualifications stated). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or b. there are no other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor hashas complied with Laws and Regulations applicable to Contractor’s performance of the Work. 4. City may refuse to process or pay the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 271 00 72 00 GENERAL CONDITIONS Page 55 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 may revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. there are discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work in accordance with Paragraph 1313.08, or has accepted defective Work pursuant to Paragraph 13.05; e. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or f. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents. D. Retainage: 1. For all contracts, retainage shall be five percent (5%). E. Liquidated Damages: For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be paid by the Contractor to the City, not as a penalty, but as liquidated damages suffered by the City. If feasible, the parties may agree to have the liquidated damages deducted from any amounts owned to Contractor by City instead of being paid directly to City by Contractor. F. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. G. Reduction in Payment 1. City may refuse to make payment of the of the amount requested because: a. Claims have been made against City based on Contractor’s performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor’s performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, or patent infringement; b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site; c. Contractor has failed to provide and maintain required bonds or insurance; d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; e. City has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities; f. The Work is defective, requiring correction or replacement; DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 272 00 72 00 GENERAL CONDITIONS Page 56 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 g. City has been required to correct defective Work in accordance with Paragraph 13.08, or has accepted defective Work pursuant to Paragraph 13.05; h. The Contract Price has been reduced by Change Orders; i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause; j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones or Final Acceptance of the Work; k. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; l. Other items entitle City to a set-off against the payment amount requested; or m. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, within a reasonable time after Contractor remedies the reasons for such action to the satisfaction of City and City has confirmed such action. 14.02 Contractor’s Warranty of Title A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.03 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to of any such part of the Work which City determines to be ready for its intended use. In addition, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete, subject to the following conditions: 1. At any time, Contractor may notify City that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.03, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization by City will not constitute Final Acceptance by City. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 273 00 72 00 GENERAL CONDITIONS Page 57 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 14.04 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. City will promptly schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. City reserves the right to deny request for Final Inspection if City determines that the entire Work is not sufficiently complete to warrant a Final Inspection. 14.05 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any and all Work in accordance with the Contract Documents, including any corrections or additional Work identified in the Final Inspection and delivery of all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurances, certificates of inspection, annotated record documents and other required documents in accordance with the Contract Documents, City will issue to Contractor a letter of Final Acceptance. 14.06 Final Payment A. Application for Payment 1. Upon receipt of a letter of Final Acceptance from City, Contractor may make application for Final Payment following the procedures for requesting payments in accordance with the Contract Documents. 2. The final Application for Payment must be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 6.03; b. consent of the surety, if any, to final payment; c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or other title defects or will so pass upon final payment. d. a list of all Contract Claims or Damage Claims against City that Contractor believes are unsettled; and e. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work. B. Payment Becomes Due: The final payment requested by Contractor, less previous payments made and less any sum to which City is entitled, including but not limited to liquidated damages, will become due and payable: 1. After City’s acceptance of the Application for Payment and accompanying documentation; and DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 274 00 72 00 GENERAL CONDITIONS Page 58 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 2. After all Damage Claims have been resolved: a. directly by the Contractor; or b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract that continue thereafter. 14.07 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.01.D, and if bonds have been furnished as required in Paragraph 6.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. If the Contract provides for separate establishment and maintenance periods and/or test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.08 Waiver of Claims A. The acceptance of final payment will constitute a waiver and release by Contractor of all claims, rights, causes of action, or liabilities, including Contract Claims, against City arising out of, related to or under the Contract or for any act, omission or neglect of City. 14.09 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the Contract Documents) any Work has been found to be defective, or Contractor’s repair of any damages to the Site, adjacent areas, or areas made available for Contractor’s use by City has been found to be defective, then after receipt of City’s written notice of defect, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. correct the defective repairs to the Site or such adjacent areas, or areas made available for Contractor’s use by City; 2. correct such defective Work; 3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 275 00 72 00 GENERAL CONDITIONS Page 59 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others). C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected, repaired or removed and replaced under this Paragraph 14.09, the correction period hereunder with respect to such Work may be extended for an additional period of one year after the end of the initial correction period. E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this Paragraph 14.09 are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor. City may fix the date on which Work will be resumed in such notice, and Contractor shall resume the Work on the date so fixed. During a temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way; Contractor shall take every precaution to prevent damage or deterioration of the work performed; and Contractor shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 276 00 72 00 GENERAL CONDITIONS Page 60 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 equipment and no profit or overhead will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or failure to adhere to the Project Schedule established under Paragraph 2.06 as adjusted from time to time pursuant to Paragraph 7.05); 2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract; or 3. Contractor’s disregard of Laws and Regulations of any public body having jurisdiction; or 4. Contractor’s repeated disregard of the authority of City; or 5. Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial indication that the Contractor has become insolvent or bankrupt, or otherwise financially unable to perform the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02.A occurs, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor’s failure to perform the Work. The conference shall be held not later than 15 days after receipt of notice. by both Contractor and surety. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of the conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety’s performance of its obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the Site and take possession of the Work, and all materials and equipment stored at the Site DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 277 00 72 00 GENERAL CONDITIONS Page 61 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 or for which City has paid Contractor, but which are stored elsewhere, and the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses, and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph 15.02, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, elected or appointed officials, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim, counterclaim or offset on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise under the Contract or prescribed by law. C. Notwithstanding Paragraph 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or Surety. Any retention or payment of money due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.02, the termination procedures of that bond shall not supersede the provisions of this Article 15. 15.03 City May Terminate for Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract, in whole or in part. Any termination shall be affected by giving notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Notice shall be deemed validly given if given in accordance with Paragraph 17.01.A. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 278 00 72 00 GENERAL CONDITIONS Page 62 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 B. After a notice of termination, has been given, and except as otherwise directed by the City, the Contractor shall: 1. stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and in which the City has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of in accordance with the Contract, exclusive of items the disposition of which has been directed or authorized by City. D. Not later than 15 days after Contractor’s submission of the certified list to City pursuant to Paragraph 15.03.C, the City shall accept title to such items, subject to verification of the list by the City upon removal of the items or,. If the items are stored, then City shall have 45 days after submission of the list, to verify the list submitted and accept title to such items. Any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination has been given, the Contractor shall submit hisits termination claim to the City in the form and with the certification prescribed by the City. Unless an extension request is made in writing within such 60-day period by the Contractor, and granted by the City, any and all such claims of Contractor that are not submitted to City within such 60-day period shall be conclusively deemed waived. F. Should a termination claim be timely submitted to the City, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 279 00 72 00 GENERAL CONDITIONS Page 63 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 and profit on such Work calculated and determined in accordance with the Contract Documents; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses calculated and determined in accordance with the Contract Documents; and 3. reasonable expenses directly attributable to reasonable and necessary wind-down and termination activities, without any overhead or profit. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information submitted and available to it, the amount, if any, due to the Contractor by reason of the termination and City shall pay to the Contractor the amounts so determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, related to or resulting from such termination. ARTICLE 16 – RESOLUTION OF DISPUTES 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 11.07 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 11.07.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 calendar days of filing of the request. C. The parties shall agree on a mediator; however, if they cannot agree within 14 calendar days then the Denton County Alternative Dispute Resolution Program (“DCAP”) shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party, or the mediator, states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. All costs of mediation shall be borne equally by the parties. D. All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. E. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 280 00 72 00 GENERAL CONDITIONS Page 64 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 F. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 11.07.C or a denial pursuant to Paragraphs 11.07.C.3 or 11.07.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction as set forth within the Contract Documents. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract requires the giving of written notice, it will be deemed to have been validly given if delivered: 1. in person, by a commercial courier service or otherwise, if to City, to the duly authorized representative of City identified in the Contract Documents or to City’s Project Manager or, if to Contractor, to a member of the firm or to an officer of the corporation for whom it is intended; or 2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or 3. by e-mail to the recipient. 17.02 Computation of Time A. When any period of time is referred to in the Contract by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day that is a state or federal holiday observed by the City, the next Business Day shall become the last day of the period. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws and Regulations, in equity, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph 17.03 will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Limitation of Damages A. With respect to any and all claims, disputes subject to final resolution, and other matters at issue, neither City, nor any of its officers, directors, elected or appointed officials, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. Further, the Contractor may only claim and the City may only be liable for those damages that are set forth in Subchapter I, Chapter 271 of the Texas DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 281 00 72 00 GENERAL CONDITIONS Page 65 of 65 CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020 Local Government Code and the City shall not be liable for any consequential damages, exemplary damages or damages for unabsorbed home office overhead. 17.05 No Waiver A. A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor will it affect the enforceability of that provision or of the remainder of this Contract. B. The City has not waived its sovereign immunity except as expressly set forth in Subchapter I, Chapter 271 of the Texas Local Government Code or as expressly waived by other statute. 17.06 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and Final Acceptance of the Work or termination of the Contract or of the services of Contractor. 17.07 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contract of any rights under or interests in the Contract will be binding on the other party without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 17.08 Successors and Assigns A. City and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 17.09 Governing Law A. The Contract shall be construed in accordance with the laws of the State of Texas without regard to conflicts of law principles. 17.10 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 282 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 6 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SECTION 00 73 00 1 SUPPLEMENTARY CONDITIONS 2 TO 3 GENERAL CONDITIONS 4 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15 meaning assigned to them in the General Conditions, unless specifically noted herein. 16 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20 other Contract Documents. 21 22 SC-5.01A, “Availability of Lands” 23 24 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 25 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 26 Contract Drawings. 27 28 The Contractor is urged to read the terms and conditions of the easement documents provided in the 29 appendix of the project manual. Terms and conditions of those easements that apply to the City shall apply 30 equally to the Contractor. 31 32 SC-5.01A.1., “Availability of Lands” 33 34 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 35 September 16, 2021: 36 37 Outstanding Right-Of-Way, and/or Easements to Be Acquired 38 PARCEL NUMBER OWNER TARGET DATE OF POSSESSION 1.055 Ac Sanitary Sewer Easement 0.085 Ac Temporary Construction Easement Robson Denton Development, LP Robson Denton Development, LP 10/01/2021 10/01/2021 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 39 and do not bind the City. 40 41 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 283 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 If Contractor considers the final easements provided to differ materially from the representations on the 1 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 2 notify City in writing associated with the differing easement line locations. 3 4 SC-5.01A.2, “Availability of Lands” 5 6 Utilities or obstructions to be removed, adjusted, and/or relocated 7 8 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated 9 as of September 16, 2021: 10 11 EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 12 and do not bind the City. 13 14 SC-5.03A., “Subsurface and Physical Conditions” 15 16 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 17 18 Geotechnical Investigation for Proposed Robson Ranch Sanitary Sewer Lines 19 Report No. D-120-0161 20 GEE Consultants, Inc. 21 7/31/20 22 23 The following are drawings of physical conditions in or relating to existing surface and subsurface 24 structures (except Underground Facilities) which are at or contiguous to the site of the Work: 25 26 None 27 28 SC-5.05 A., “Underground Facilities 29 30 The following are additional resources for identification of Underground Facilities which are at or 31 contiguous to the site of the Work, and which are not necessarily shown in the Drawings: 32 33 None 34 35 SC-5.06A., “Hazardous Environmental Conditions at Site” 36 37 The following are reports and drawings of existing hazardous environmental conditions known to the City: 38 39 None 40 41 SC-6.03A., “Certificates of Insurance” 42 43 The entities listed below are "additional insureds as their interest may appear" including their respective 44 officers, directors, agents and employees. 45 46 (1) City 47 (2) Consultant: None 48 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 284 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 (3) Other: None 1 2 SC-6.04A., “Contractor’s Insurance” 3 4 The limits of liability for the insurance required by Paragraph GC-6.04 shall provide the following 5 coverages for not less than the following amounts or greater where required by laws and regulations: 6 7 6.04A. Workers' Compensation, under Paragraph GC-6.04A. 8 9 Statutory limits 10 Employer's liability 11 $100,000 each accident/occurrence 12 $100,000 Disease - each employee 13 $500,000 Disease - policy limit 14 15 SC-6.04B., “Contractor’s Insurance” 16 17 6.04B. Commercial General Liability, under Paragraph GC-6.04B. Contractor's Liability Insurance 18 under Paragraph GC-6.04B., which shall be on a per project basis covering the Contractor with 19 minimum limits of: 20 21 $1,000,000 each occurrence 22 $2,000,000 aggregate limit 23 24 The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the 25 General Aggregate Limits apply separately to each job site. 26 27 The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. 28 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 29 30 SC 6.04C., “Contractor’s Insurance” 31 6.04C. Automobile Liability, under Paragraph GC-6.04C. Contractor’s Liability Insurance under 32 Paragraph GC-6.04C., which shall be in an amount not less than the following amounts: 33 34 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 35 defined as autos owned, hired and non-owned. 36 37 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 38 least: 39 40 $250,000 Bodily Injury per person / 41 $500,000 Bodily Injury per accident / 42 $100,000 Property Damage 43 44 SC-6.04D., “Contractor’s Insurance” 45 46 The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and 47 material deliveries to cross railroad properties and tracks, or perform work within 25 feet of the center line 48 of tracks: Not Applicable. 49 50 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 285 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 1 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 2 or other property. Such operations on railroad properties may require that Contractor to execute a “Right of 3 Entry Agreement” with the particular railroad company or companies involved, and to this end the 4 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 5 the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate 6 to the Contractor’s use of private and/or construction access roads crossing said railroad company’s 7 properties. 8 9 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 10 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 11 Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, 12 occupy, or touch railroad property: 13 14 (1) General Aggregate: 15 16 (2) Each Occurrence: 17 18 Required for this Contract x Not required for this Contract 19 20 With respect to the above outlined insurance requirements, the following shall govern: 21 22 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 23 the name of the railroad company. However, if more than one grade separation or at-grade 24 crossing is affected by the Project at entirely separate locations on the line or lines of the same 25 railroad company, separate coverage may be required, each in the amount stated above. 26 27 2. Where more than one railroad company is operating on the same right-of-way or where several 28 railroad companies are involved and operated on their own separate rights-of-way, the Contractor 29 may be required to provide separate insurance policies in the name of each railroad company. 30 31 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a 32 railroad company’s right-of-way at a location entirely separate from the grade separation or at-33 grade crossing, insurance coverage for this work must be included in the policy covering the grade 34 separation. 35 36 4. If no grade separation is involved but other work is proposed on a railroad company’s right-of-37 way, all such other work may be covered in a single policy for that railroad, even though the work 38 may be at two or more separate locations. 39 40 No work or activities on a railroad company’s property to be performed by the Contractor shall be 41 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 42 for each railroad company named, as required above. All such insurance must be approved by the City and 43 each affected Railroad Company prior to the Contractor’s beginning work. 44 45 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 46 has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, 47 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 48 Such insurance must name the railroad company as the insured, together with any tenant or lessee of the 49 railroad company operating over tracks involved in the Project. 50 51 SC-7.08C., “Concerning Subcontractors and Suppliers” 52 53 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 286 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 The following subcontractors shall be required to be utilized by the Contractor for specific portions of the 1 Work as indicated below: 2 3 Required Subcontractors 4 SUBCONTRACTOR COMPANY NAME DESCRIPTION OF WORK TO BE PERFORMED None 5 SC-7.11., “Permits and Utilities” 6 7 SC-7.11A., “Contractor obtained permits and licenses” 8 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 9 10 None 11 12 SC-7.11B. “City obtained permits and licenses” 13 The following are known permits and/or licenses required by the Contract to be acquired by the City: 14 15 TXDOT Permit DAL20191021104822 16 Issued 5/5/2020 17 18 SC-7.11C. “Outstanding permits and licenses” 19 20 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of September 21 16, 2021: 22 23 Outstanding Permits and/or Licenses to Be Acquired 24 OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 25 SC-8.02., “Coordination” 26 27 The individuals or entities listed below have contracts with the City for the performance of other work at 28 the Site: 29 30 None 31 Vendor Scope of Work Coordination Authority 32 SC-9.01, “Communications to Contractor” 33 34 Contractor must notify City Inspector at least 72 hours in advance of commencing operations in TXDOT 35 right-of-way so Inspector has sufficient time to notify TXDOT according to permit requirements . 36 37 SC-10.01B., “City’s Project Manager” 38 39 The City’s Project Manager for this Contract is Scott Fettig, or his/her successor pursuant to written 40 notification from the City Engineer. 41 42 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 287 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 CITY OF DENTON IFB 7364 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020 Effective January 15, 2021 SC-13.02B., “Tests and Inspections” 1 2 None 3 4 SC-16.01C.1, “Methods and Procedures” 5 6 None 7 8 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74 288 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74Mountain Cascade of Texas, LLC289 DocuSign Envelope ID: 8F4FF6DB-DFA0-4CED-B3F4-C2B00EAC2A74290 Certificate Of Completion Envelope Id: 8F4FF6DBDFA04CEDB3F4C2B00EAC2A74 Status: Sent Subject: Please DocuSign: City Council Contract 7364 Robson Ranch Force Main and Sewer Source Envelope: Document Pages: 102 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 12/20/2021 2:12:24 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/20/2021 2:26:24 PM Viewed: 12/20/2021 2:26:35 PM Signed: 12/20/2021 2:27:58 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/20/2021 2:28:01 PM Viewed: 12/21/2021 7:53:47 AM Signed: 12/21/2021 7:55:24 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/21/2021 7:55:27 AM Viewed: 12/21/2021 2:26:19 PM Signed: 12/21/2021 2:33:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrew McCulloch AMcCulloch@mountaincascade.com Vice-President Harber Co.Inc. dba Mountain Cascade of Nevada Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 206.248.39.237 Sent: 12/21/2021 2:33:42 PM Viewed: 12/21/2021 4:55:42 PM Signed: 12/21/2021 5:00:32 PM Electronic Record and Signature Disclosure: Accepted: 12/21/2021 4:55:42 PM ID: e9fceac3-3edb-4177-9566-54e52ac6802c 291 Signer Events Signature Timestamp Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 166.205.97.18 Signed using mobile Sent: 12/21/2021 5:00:36 PM Viewed: 12/22/2021 7:18:41 AM Signed: 12/22/2021 7:19:29 AM Electronic Record and Signature Disclosure: Accepted: 12/22/2021 7:18:41 AM ID: 73cc1bd4-cae3-4dbc-bae0-1435cc05eb74 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 12/22/2021 7:19:32 AM 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: 12/20/2021 12:15:18 PM ID: 762d2506-e9d7-4d2f-875c-6a9b0401d597 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 12/20/2021 2:28:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign 292 Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 12/22/2021 7:19:32 AM Viewed: 12/27/2021 3:23:28 PM 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 Scott Fettig Scott.Fettig@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/3/2021 3:37:24 PM ID: 3d8af572-fe73-412c-a998-4f19a183a25e Cheyenne Defee cheyenne.defee@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 12/20/2021 2:26:24 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 293 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. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-183,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the approval of Change Order No.3 to the contract between the City of Denton and Thalle Construction Company,Inc.,for the construction of the North South Phase II 36-inch/42-inch Water Transmission Line Project for the City of Denton;providing for the expenditure of funds therefor;and providing an effective date (IFB 6901 -Change Order No.3 in the not-to-exceed amount of $439,304.64,for a total contract award aggregated to $8,383,441.62). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™297 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of Change Order No. 3 to the contract between the City of Denton and Thalle Construction Company, Inc., for the construction of the North South Phase II 36-inch/42-inch Water Transmission Line Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6901 – Change Order No. 3 in the not-to-exceed amount of $439,304.64, for a total contract award aggregated to $8,383,441.62). INFORMATION/BACKGROUND The North South Phase II Project extends approximately 10,000 linear feet of 36-inch and 42-inch of water line from the 24-inch line along Roselawn Drive up to the Texas Department of Transportation (TxDOT) facility at the intersection of northbound IH-35E Service Road and Bonnie Brae Road, with the pipeline being within the Bonnie Brae Road right-of-way. This project is on the City’s water master plan and is needed to provide more adequate and reliable water service to customers. The City entered into a contract with Thalle Construction Company, Inc. on January 15, 2019, to complete the North South Phase II Project. Change Order No. 1 totaled $32,140.71 and was approved by Purchasing on March 17, 2020. This change order covered additional message boards, changes due to utility conflicts, and modifications associated with the redesign of the 20-inch water line. Change Order No. 2 totaled $113,189.27 and was approved on December 14, 2020, by the Public Utilities Board (PUB) and on December 17, 2020, by City Council. This change order covered additional tie-in locations requested by Water Utilities, the installation of a water gap/break-away fence within an easement area, the installation of recycled asphalt millings (RAP), and added 120 days to the schedule. Change Order No. 3 in the amount of $439,304.64 consists of the following: Changes to existing and new items include: • Additional Hydro-mulch required to seed areas not originally included in plans - $22,597.18 • Extended use of electronic message boards (6 additional months) - $6,246.66 • Bore Pit extension (20-inch lowering) due to rising water in original locations - $26,000.00 • The amount for Thalle to provide an additional warranty period from the standard 2 years to 5 years on a section of the 20" lowering in lieu of performing a pressure test, in an effort to protect existing 20-year-old valves. (requested by Water Utilities) - $17,500.00 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 298 • Alignment adjustment due to unknown University of North Texas (UNT) sewer line. Required redesign, removal of approximately 50 feet of installed line, and re-installation at new alignment location. - $42,370.53 • Alignment adjustment due to unknown UNT sewer line. Per Texas Commission on Environmental Quality (TCEQ) regulations, this section of pipe within the disturbed trench zone was cut out and swapped for pressure-rated PVC and encased in concrete. - $4,590.27 Mediation items totaling $320,000.20 include: • Amount City agrees is due to Thalle for additional efforts regarding the Differing Subsurface Conditions Claim (boring under railroad area) - Mediation 7/8/2021 - $225,832.32 • Additional Joint Wrap Material for Covalence product (modified during bid) - Mediation 7/8/2021 - $44,820.79 • Amount City agrees is due to Thalle for additional efforts due to gas line conflict STA 40+04. Redesign and depth adjustments were made - Mediation 7/8/2021 - $49,346.89 Due to the rise in Covid19 cases, this item will be taken retroactively to the Public Utilities Board once meetings resume. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS) On January 15, 2019, City Council approved a contract with Thalle Construction Company, Inc. in the not- to-exceed amount of $7,798,807 (Ordinance 19-058). On March 17, 2020, purchasing approved Change Order No. 1 with Thalle Construction Company, Inc. in the not-to-exceed amount of $32,140.71. On December 17, 2020, City Council approved Change Order No. 2 with Thalle Construction Company, Inc. in the amount of $113,189.27. (Ordinance 20-2435) On July 8, 2021, The City and Thalle Construction Company, Inc. appeared before a mediator in an effort to resolve the following claims/denied change order requests: Thalle Request City Counter Mediation Efforts Remaining Disputed Differing Subsurface Conditions $ 471,709.76 $ 225,832.52 $ 225,832.52 $ 245,877.24 Joint Wrap Material $ 44,820.79 $ - $ 44,820.79 $ - Gas Line Conflict STA 40+04 $ 80,051.53 $ - $ 49,346.89 $ 30,704.64 TOTALS: $ 596,582.08 $ 225,832.52 $ 320,000.20 $ 276,581.88 Though we were not able to agree on Thalle’s request to compensate for the Rail Road Flagging item at their new requested price in the Differing Subsurface Conditions Claim, we did agree to compensate them for the Joint Wrap Material required for the Covalence product and also agreed to partial compensation on for gas line conflicts. RECOMMENDATION Award Change Order No. 3 with Thalle Construction Company, Inc., for the construction of the North South Phase II 36-inch/42-inch Water Transmission Line Project for the City of Denton, in the not-to- exceed amount of $439,304.64, for a total amended contract amount of $8,383,441.62. 299 PRINCIPAL PLACE OF BUSINESS Thalle Construction Company, Inc. Alvarado, TX ESTIMATED SCHEDULE OF PROJECT This project is complete. All lines are installed, in service, and working properly. FISCAL INFORMATION These items will be funded from Water Project Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Change Order 1 Exhibit 4: Ordinance and Change Order 2 Exhibit 5: Ordinance and Change Order 3 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this project, contact: Robin Davis, 940-349-7713. Legal point of contact: Marcella Lunn at 940-349-8333. 300 R .. • I .. I , R .. ! ! ,.,. R '. ' ,...,, .. . ' .,..., R ..,,. ' ,,, : 1 .... 1.. !. ,,. ., ., 1 ... '., .. , I ,,,. ,,. . * , ,,. I 1 .:. ' 1 .... ! ...,., .,... ,,. .. , ... # , I ,,. ,, . 1 M ' , r . .: . . ' ' • ', ' , • . ' • ,, +i i ` f ' • • ' ` ' 1 ` fii 1. . `• ' • # '. . ,. . l, is . 1 • ,,. . ',, . , - # • '' r w ` i • • . ! ` `' ' • , j !" ` . #' ! # I ! ' '•' # ' i ' !' ' ••' ! .i ! ' . ' i * T '. • # * ! .; r . #' '.. . !'. : • ' . : 1 ' ! ' • ' ' •' • ' ' • ` 1 BID NUM ER VENDOR AMO T 1' . • • •. ,: : w •- . • , * r ' - - - , w . . • ,, - • - . r . . , . . .• . - : . w I: ' . . • - . -• w i .' r . . • . , • . - , ` w ` . • . w . - . r. . 301 contained in the Bid Proposal and related documents, and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. 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 IFB 6901 to the City Manager of the City of Denton, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amourrt and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. m The c i to a i a this ordmance was made bY C;° rr' ----- and seconded by ', ""?' w," '" the ordinance was passed and approved by t (19 vvio v t q ° d'_: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: Aye Nay PASSED AND APPROVED this the "°,°' day of C I ATTEST: CITY SECRETARY BY: ' "` ` `` " " M a ''' APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: 1, C I Gt /'a,t Abstain Absent 1' m I '"R 2019. 302 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 303 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 005243 - 1 Agreement Page1of6 1 SECTION005243 2 AGREEMENT 3 THISAGREEMENT, authorizedon ______________ismadebyandbetweentheCityofDenton, 4 aTexashomerulemunicipality, actingbyandthroughitsdulyauthorizedCityManager, 5 andThalleConstructionCompany, Inc., authorizedtodobusinessinTexas, actingbyandthrough 6 itsdulyauthorizedrepresentative, Contractor. 7 CityandContractor, inconsiderationofthemutualcovenantshereinaftersetforth, agreeasfollows: 8 Article1. WORK 9 ContractorshallcompleteallWorkasspecifiedorindicatedintheContractDocumentsforthe 10 Projectidentifiedherein. 11 Article2. PROJECT 12 TheprojectforwhichtheWorkundertheContractDocumentsmaybethewholeoronlyapartis 13 generallydescribedasfollows: 14 North-SouthPhaseII36-Inch/42-InchWaterTransmissionLine 15 ContractNo: 6901 16 Article3. CONTRACTPRICE 17 CityagreestopayContractorforperformanceoftheWorkinaccordancewiththeContract 18 Documentsanamount, incurrentfunds, ofSevenmillionsevenhundredninety-eightthousand 19 eighthundredsevenDollars ($7,798,807.00). 20 Article4. CONTRACTTIME 21 4.1 FinalAcceptance. 22 TheWorkwillbecompleteforFinalAcceptancewithin360daysafterthedatewhenthe 23 ContractTimecommencestorun, asprovidedinParagraph2.03oftheGeneralConditions, 24 plusanyextensionthereofallowedinaccordancewithArticle12oftheGeneralConditions. 25 4.2 LiquidatedDamages 26 ContractorrecognizesthattimeisoftheessenceforcompletionofMilestones, ifany, and 27 toachieveFinalAcceptanceoftheWorkandCitywillsufferfinanciallossiftheWorkis 28 notcompletedwithinthetime(s) specifiedinParagraph4.1above. TheContractoralso 29 recognizesthedelays, expenseanddifficultiesinvolvedinprovinginalegalproceeding, 30 theactuallosssufferedbytheCityiftheWorkisnotcompletedontime. Accordingly, 31 insteadofrequiringanysuchproof, Contractoragreesthatasliquidateddamagesfordelay 32 (butnotasapenalty), ContractorshallpayCityThreethousandDollars ($3,000.00) for 33 eachdaythatexpiresafterthetimespecifiedinParagraph4.1forFinalAcceptanceuntil 34 theCityissuestheFinalLetterofAcceptance. 35 Article5. CONTRACTDOCUMENTS 36 5.1 CONTENTS: 37 A. TheContractDocumentswhichcomprisetheentireagreementbetweenCityand 38 ContractorconcerningtheWorkconsistofthefollowing: 39 1. ThisAgreement. 40 2. AttachmentstothisAgreement: CITYOFDENTON 6901NSPHIIWaterTransmissionMain STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS EngineerProjectNumberDTN12314 RevisedSeptember20, 2018 304 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 005243 - 2 Agreement Page2of6 1 a. BidForm 2 1) ProposalForm 3 2) VendorCompliancetoStateLawNon-ResidentBidder 4 3) StateandFederaldocuments (projectspecific) 5 b. CurrentPrevailingWageRateTable 6 c. InsuranceACORDForm(s) 7 d. 8 e. Form1295 CertificateofInterestedParties 9 f. GeneralConditions. 10 g. SupplementaryConditions. 11 3. ThefollowinglocatedinFile6901at: 12 https://lfpubweb.cityofdenton.com/MaterialsManagement/Browse.aspx?startid=19 13 &row=1&dbid=0: 14 a. SpecificationsdescribedintheTableofContents oftheProject Contract 15 Documents. 16 b. NorthCentralTexasCouncilofGovernmentsStandardSpecificationsforPublic 17 WorksConstruction FourthEdition, Divisions 200-800, andasamendedby 18 City, and 19 c. Drawings. 20 d. Addenda. 21 e. DocumentationsubmittedbyContractorpriortoNoticeofAward. 22 4. ThefollowingwhichshallbeissuedaftertheEffectiveDateanddeliveredtotheCity 23 withinten (10) daysoftheEffectiveDateandbeforebeginningWork: 24 a. PaymentBond 25 b. PerformanceBond 26 c. MaintenanceBond 27 d. PowerofAttorneyfortheBonds 28 5. ThefollowingwhichmaybedeliveredorissuedaftertheEffectiveDateand, if 29 issued, becomeanincorporatedpartoftheContractDocuments: 30 a. NoticetoProceed. 31 b. FieldOrders. 32 c. ChangeOrders. 33 d. LetterofFinalAcceptance. 34 35 CITYOFDENTON 6901NSPHIIWaterTransmissionMain STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS EngineerProjectNumberDTN12314 RevisedSeptember20, 2018 305 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 005243 - 3 Agreement Page3of6 1 Article6. INDEMNIFICATION 2 6.1 Contractorcovenantsandagreestoindemnify, holdharmlessanddefend, atitsown 3 expense, thecity, itsofficers, servantsandemployees, fromandagainstanyandall 4 claimsarisingoutof, orallegedtoariseoutof, theworkandservicestobeperformed 5 bythecontractor, itsofficers, agents, employees, subcontractors, licenseesorinvitees 6 underthiscontract. Thisindemnificationprovisionisspecificallyintendedtooperate 7 andbeeffectiveevenifitisallegedorproventhatallorsomeofthedamagesbeing 8 soughtwerecaused, inwholeorinpart, byanyact, omissionornegligenceofthecity. 9 Thisindemnityprovisionisintendedtoinclude, withoutlimitation, indemnityforany 10 andallcosts, expensesandlegalfeesincurredbythecityindefendingagainstsuch 11 claimsandcausesofactions. 12 13 6.2 Contractorcovenantsandagreestoindemnifyandholdharmless, atitsownexpense, 14 thecity, itsofficers, servantsandemployees, fromandagainstanyandalllossof, 15 damageto, ordestructionof, propertyofthecity, arisingoutof, orallegedtoariseout 16 of, theworkandservicestobeperformedbythecontractor, itsofficers, agents, 17 employees, subcontractors, licenseesorinviteesunderthiscontract. This 18 indemnificationprovisionisspecificallyintendedtooperateandbeeffectiveevenifitis 19 allegedorproventhatallorsomeofthedamagesbeingsoughtwerecaused, inwholeor 20 inpart, byanyact, omissionornegligenceofthecity. 21 22 Article7. MISCELLANEOUS 23 7.1 Terms. 24 TermsusedinthisAgreementwhicharedefinedinArticle1oftheGeneralConditionswill 25 havethemeaningsindicatedintheGeneralConditions. 26 7.2 AssignmentofContract. 27 ThisAgreement, includingalloftheContractDocumentsmaynotbeassignedbythe 28 ContractorwithouttheadvancedexpresswrittenconsentoftheCity. 29 7.3 SuccessorsandAssigns. 30 CityandContractoreachbindsitself, itspartners, successors, assignsandlegal 31 representativestotheotherpartyhereto, inrespecttoallcovenants, agreementsand 32 obligationscontainedintheContractDocuments. 33 7.4 Severability. 34 AnyprovisionorpartoftheContractDocumentsheldtobeunconstitutional, voidor 35 unenforceablebyacourtofcompetentjurisdictionshallbedeemedstricken, andall 36 remainingprovisionsshallcontinuetobevalidandbindinguponCityandContractor. 37 7.5 GoverningLawandVenue. 38 ThisAgreement, includingalloftheContractDocumentsisperformableintheStateof 39 Texas. VenueshallbeDentonCounty, Texas, ortheUnitedStatesDistrictCourtforthe 40 EasternDistrictofTexas, ShermanDivision. CITYOFDENTON 6901NSPHIIWaterTransmissionMain STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS EngineerProjectNumberDTN12314 RevisedSeptember20, 2018 306 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 005243 - 4 Agreement Page4of6 1 7.6 AuthoritytoSign. 2 ContractorshallattachevidenceofauthoritytosignAgreementifsignedbysomeoneother 3 thanthedulyauthorizedsignatoryoftheContractor. 4 5 7.7 ProhibitionOnContractsWithCompaniesBoycottingIsrael. 6 ContractoracknowledgesthatinaccordancewithChapter2270oftheTexasGovernment 7 Code, theCityisprohibitedfromenteringintoacontractwithacompanyforgoodsor 8 servicesunlessthecontractcontainsawrittenverificationfromthecompanythatit: (1) 9 doesnotboycottIsrael; and (2) willnotboycottIsraelduringthetermofthecontract. 10 11 inSection808.001oftheTexasGovernmentCode. Bysigningthiscontract, Contractor 12 13 Contractor: (1) doesnotboycottIsrael; and (2) willnotboycottIsraelduringthetermof 14 thecontract. 15 16 7.8 ImmigrationNationalityAct. 17 Contractorshallverifytheidentityandemploymenteligibilityofitsemployeeswhoperform 18 workunderthisAgreement, includingcompletingtheEmploymentEligibilityVerification 19 Form (I-9). UponrequestbyCity, ContractorshallprovideCitywithcopiesofallI-9forms 20 andsupportingeligibilitydocumentationforeachemployeewhoperformsworkunderthis 21 Agreement. Contractor shalladheretoallFederalandStatelawsaswellasestablish 22 appropriateproceduresandcontrolssothatnoserviceswillbeperformedbyanyContractor 23 employeewhoisnotlegallyeligibletoperformsuchservices. CONTRACTOR SHALL 24 INDEMNIFYCITYANDHOLDCITYHARMLESSFROMANYPENALTIES, 25 LIABILITIES, ORLOSSESDUETOVIOLATIONSOFTHISPARAGRAPHBY 26 CONTRACTOR, CONTRACTOR 27 AGENTS, ORLICENSEES. City, uponwrittennoticetoContractor, shallhavetheright 28 toimmediatelyterminatethisAgreementforviolationsofthisprovisionbyContractor. 29 30 7.9 NoThird-PartyBeneficiaries. 31 ThisAgreementgivesnorightsorbenefitstoanyoneotherthantheCityandtheContractor 32 andtherearenothird-partybeneficiaries. 33 34 CITYOFDENTON 6901NSPHIIWaterTransmissionMain STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS EngineerProjectNumberDTN12314 RevisedSeptember20, 2018 307 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 005243 - 5 Agreement Page5of6 1 7.10 NoCauseofActionAgainstEngineer. 2 Contractor, itssubcontractorsandequipmentandmaterialssuppliersontheProject ortheir 3 sureties, shallmaintainnodirectactionagainsttheEngineer, itsofficers, employees, and 4 subcontractors, foranyclaimarisingoutof, inconnectionwith, orresultingfromtheengineering 5 servicesperformed. OnlytheCitywillbethebeneficiaryofanyundertakingbytheEngineer. 6 ThepresenceordutiesoftheEngineer'spersonnelataconstructionsite, whetherason-site 7 representativesorotherwise, donotmaketheEngineeroritspersonnelinanyway 8 responsibleforthosedutiesthatbelongtotheCityand/ortheCity'sContractorsorother 9 entities, anddonotrelievetheContractorsoranyotherentityoftheirobligations, duties, and 10 responsibilities, including, butnotlimitedto, allconstructionmethods, means, techniques, 11 sequences, andproceduresnecessaryforcoordinatingandcompletingallportionsofthe 12 constructionworkinaccordancewiththeContractDocumentsandanyhealthorsafety 13 precautionsrequiredbysuchconstructionwork. TheEngineeranditspersonnelhaveno 14 authoritytoexerciseanycontroloveranyconstructioncontractororotherentityortheir 15 employeesinconnectionwiththeirworkoranyhealthorsafetyprecautions. 16 17 SIGNATUREPAGETOFOLLOW 18 CITYOFDENTON 6901NSPHIIWaterTransmissionMain STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS EngineerProjectNumberDTN12314 RevisedSeptember20, 2018 308 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 005243 - 6 Agreement Page6of6 1 INWITNESSWHEREOF, CityandContractorhaveeachexecutedthisAgreementtobeeffective 2 asofthedatesubscribedbythe (EffectiveDate). 3 4 CITYOFDENTON 5 6 7 BY: ___________________________________ 8 CITYMANAGER 9 10 11 CONTRACTOR 12 THALLECONSTRUCTIONCOMPANY, INC. 13 14 15 BY: ___________________________________ 16 AUTHORIZEDAGENT 17 18 19 _______________________________________ 20 NAME 21 22 23 _______________________________________ 24 TITLE 25 26 27 _______________________________________ 28 PHONENUMBER 29 30 31 _______________________________________ 32 EMAILADDRESS 33 34 THISAGREEMENTHASBEEN35BOTHREVIEWEDANDAPPROVED36astofinancialandoperationalobligationsand37ATTEST: businessterms. 38 JENNIFERWALTERS, CITYSECRETARY 39 40 41 _______________________________________ SIGNATURE PRINTEDNAME42 43 44 APPROVEDASTOLEGALFORM: TITLE45AARONLEAL, CITYATTORNEY 46 47 _______________________________________ DEPARTMENT CITYOFDENTON 6901NSPHIIWaterTransmissionMain STANDARDCONSTRUCTIONSPECIFICATIONDOCUMENTS EngineerProjectNumberDTN12314 RevisedSeptember20, 2018 309 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 310 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 311 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 312 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 313 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 314 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 315 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 316 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 317 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 GeneralDecisionNumber: TX18002801/05/2018 TX28 SupersededGeneralDecisionNumber: TX20170028 State: Texas ConstructionType: Heavy Counties: Collin, Dallas, Denton, Ellis, KaufmanandRockwall CountiesinTexas. WaterandSewerLines/Utilities (IncludingRelatedTunneling WheretheTunnelis48" orLessinDiameter) Note: UnderExecutiveOrder (EO) 13658, anhourlyminimumwage of $10.35forcalendaryear2018appliestoallcontracts subjecttotheDavis-BaconActforwhichthecontractisawarded andanysolicitationwasissued) onorafterJanuary1, 2015. IfthiscontractiscoveredbytheEO, thecontractormustpay allworkersinanyclassificationlistedonthiswage determinationatleast $10.35perhour (ortheapplicable wageratelistedonthiswagedetermination, ifitishigher) forallhoursspentperformingonthecontractincalendar year2018. TheEOminimumwageratewillbeadjustedannually. PleasenotethatthisEOappliestotheabove-mentionedtypes ofcontractsenteredintobythefederalgovernmentthatare subjecttotheDavis-BaconActitself, butitdoesnotapply tocontractssubjectonlytotheDavis-BaconRelatedActs, includingthosesetforthat29CFR5.1(a)(2)-(60). Additional informationoncontractorrequirementsandworkerprotections undertheEOisavailableatwww.dol.gov/whd/govcontracts. ModificationNumber PublicationDate 0 01/05/2018 PLUM0100-00211/01/2017 Rates Fringes PlumbersandPipefitters.........$ 30.84 11.51 SUTX1991-00409/23/1991 Rates Fringes Laborers: Common......................$ 7.25 Utility.....................$ 7.467 Pipelayer........................$ 7.828 Powerequipmentoperators: Backhoe.....................$ 10.804 Crane.......................$ 10.942 318 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 FrontEndLoader............$ 9.163 TunnelingMachine (48" or less).......................$ 9.163 TRUCKDRIVER.....................$ 8.528 WELDERS - Receiverateprescribedforcraftperforming operationtowhichweldingisincidental. Note: ExecutiveOrder (EO) 13706, EstablishingPaidSickLeave forFederalContractorsappliestoallcontractssubjecttothe Davis-BaconActforwhichthecontractisawarded (andany solicitationwasissued) onorafter January1, 2017. Ifthis contractiscoveredbytheEO, thecontractormustprovide employeeswith1hourofpaidsickleaveforevery30hours theywork, upto56hoursofpaidsickleaveeachyear. Employeesmustbepermittedtousepaidsickleave fortheir ownillness, injuryorotherhealth-relatedneeds, including preventivecare; toassistafamilymember (orpersonwhois likefamilytotheemployee) whoisill, injured, orhasother health-relatedneeds, includingpreventivecare; orforreasons resultingfrom, ortoassistafamilymember (orpersonwhois likefamilytotheemployee) whoisavictimof, domestic violence, sexualassault, orstalking. Additionalinformation oncontractorrequirementsandworkerprotectionsundertheEO isavailableatwww.dol.gov/whd/govcontracts. Unlistedclassificationsneededforworknotincludedwithin thescopeoftheclassificationslistedmaybeaddedafter awardonlyasprovidedinthelaborstandardscontractclauses 29CFR5.5 (a) (1) (ii)). Thebodyofeachwagedeterminationliststheclassification andwageratesthathavebeenfoundtobeprevailingforthe citedtype(s) ofconstructionintheareacoveredbythewage determination. Theclassificationsarelistedinalphabetical orderof "identifiers" thatindicatewhethertheparticular rateisaunionrate (currentunionnegotiatedrateforlocal), asurveyrate (weightedaveragerate) oraunionaveragerate weightedunionaveragerate). UnionRateIdentifiers Afourletterclassificationabbreviationidentifierenclosed indottedlinesbeginningwithcharactersotherthan "SU" or UAVG" denotesthattheunionclassificationandratewere prevailingforthatclassificationinthesurvey. Example: PLUM0198-00507/01/2014. PLUMisanabbreviationidentifierof theunionwhichprevailedinthesurveyforthis classification, whichinthisexamplewouldbePlumbers. 0198 319 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 indicatesthelocalunionnumberordistrictcouncilnumber whereapplicable, i.e., PlumbersLocal0198. Thenextnumber, 005intheexample, isaninternalnumberusedinprocessing thewagedetermination. 07/01/2014istheeffectivedateofthe mostcurrentnegotiated rate, whichinthisexampleisJuly1, 2014. Unionprevailingwageratesareupdatedtoreflectallrate changesinthecollectivebargainingagreement (CBA) governing thisclassificationandrate. SurveyRateIdentifiers Classificationslistedunderthe "SU" identifierindicatethat noonerateprevailedforthisclassificationinthesurveyand thepublishedrateisderivedbycomputingaweightedaverage ratebasedonalltheratesreportedinthesurveyforthat classification. Asthis weightedaveragerateincludesall ratesreportedinthesurvey, itmayincludebothunionand non-unionrates. Example: SULA2012-0075/13/2014. SUindicates theratesaresurveyratesbasedonaweightedaverage calculationofratesandarenotmajorityrates. LAindicates theStateofLouisiana. 2012istheyearofsurveyonwhich theseclassificationsandratesarebased. Thenextnumber, 007 intheexample, isaninternalnumberusedinproducingthe wagedetermination. 5/13/2014indicatesthesurveycompletion datefortheclassificationsandratesunderthatidentifier. Surveywageratesarenotupdatedandremainineffectuntila newsurveyisconducted. UnionAverageRateIdentifiers Classification(s) listedundertheUAVGidentifierindicate thatnosinglemajorityrateprevailedforthose classifications; however, 100% ofthedatareportedforthe classificationswasuniondata. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVGindicatesthattherateisaweightedunion averagerate. OHindicatesthestate. Thenextnumber, 0010in theexample, isaninternalnumberusedinproducingthewage determination. 08/29/2014indicatesthesurveycompletiondate fortheclassificationsandratesunderthatidentifier. AUAVGratewillbeupdatedonceayear, usuallyinJanuaryof eachyear, toreflectaweightedaverageofthecurrent negotiated/CBArateoftheunionlocalsfromwhichtherateis based. WAGEDETERMINATIONAPPEALSPROCESS 1.) Hastherebeenaninitialdecisioninthematter? Thiscan be: 320 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 anexistingpublishedwagedetermination asurveyunderlyingawagedetermination aWageandHourDivisionlettersettingforthapositionon awagedeterminationmatter aconformance (additionalclassificationandrate) ruling Onsurveyrelatedmatters, initialcontact, includingrequests forsummariesofsurveys, shouldbewiththeWageandHour RegionalOfficefortheareainwhichthesurveywasconducted becausethoseRegionalOfficeshaveresponsibilityforthe Davis-Baconsurveyprogram. Iftheresponsefromthisinitial contactisnotsatisfactory, thentheprocessdescribedin2.) and3.) shouldbefollowed. Withregardtoanyothermatternotyetripefortheformal processdescribedhere, initialcontactshouldbewiththe BranchofConstructionWageDeterminations. Writeto: BranchofConstructionWageDeterminations WageandHourDivision U.S. DepartmentofLabor 200ConstitutionAvenue, N.W. Washington, DC20210 2.) Iftheanswertothequestionin1.) isyes, thenan interestedparty (thoseaffectedbytheaction) canrequest reviewandreconsiderationfromtheWageandHourAdministrator See29CFRPart1.8and29CFRPart7). Writeto: WageandHourAdministrator U.S. DepartmentofLabor 200ConstitutionAvenue, N.W. Washington, DC20210 Therequestshouldbeaccompaniedbyafullstatementofthe interestedparty'spositionandbyanyinformation (wage paymentdata, projectdescription, areapracticematerial, etc.) thattherequestorconsidersrelevanttothe issue. 3.) IfthedecisionoftheAdministratorisnotfavorable, an interestedpartymayappealdirectlytotheAdministrative ReviewBoard (formerlytheWageAppealsBoard). Writeto: AdministrativeReviewBoard U.S. DepartmentofLabor 200ConstitutionAvenue, N.W. Washington, DC20210 4.) AlldecisionsbytheAdministrativeReviewBoardarefinal. ENDOFGENERALDECISION 321 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 322 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 323 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 324 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 325 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 326 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 327 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 328 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 329 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 330 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 331 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 332 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 333 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 334 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 335 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 336 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 337 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 338 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 339 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 340 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 341 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 342 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 343 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 344 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 345 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 346 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 347 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 348 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 349 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 350 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 351 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 352 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 353 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 354 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 355 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 356 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 357 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 358 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 359 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 360 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 361 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 362 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 363 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 364 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 365 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 366 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 367 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 368 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 369 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 370 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 371 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 372 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 373 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 374 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 375 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 376 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 377 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 378 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 379 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 380 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 381 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 382 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 383 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 384 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 385 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 386 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 387 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 388 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 389 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 390 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 391 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 392 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 393 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 394 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 395 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 396 DocuSignEnvelopeID: AF6D04D9-F8CA-494E-B531-23DABFAE0073 397 CertificateOfCompletion EnvelopeId: AF6D04D9F8CA494EB53123DABFAE0073Status: Completed Subject: PleaseDocuSign: CityCouncilContract6901NSWaterMainConstruction SourceEnvelope: DocumentPages: 95Signatures: 5EnvelopeOriginator: CertificatePages: 6Initials: 0JamieCogdell AutoNav: Enabled901BTexasStreet EnvelopeIdStamping: EnabledDenton, TX 76209 TimeZone: (UTC-06:00) CentralTime (US & Canada)Jamie.Cogdell@cityofdenton.com IPAddress: 129.120.6.150 RecordTracking Status: OriginalHolder: JamieCogdellLocation: DocuSign 11/28/20189:00:16AM Jamie.Cogdell@cityofdenton.com SignerEventsSignatureTimestamp JamieCogdellSent: 11/28/20189:15:24AMCompletedjamie.cogdell@cityofdenton.comViewed: 11/28/20189:15:35AM SeniorBuyerSigned: 11/28/20189:16:23AM UsingIPAddress: 129.120.6.150CityOfDenton SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign MackReinwandSent: 11/28/20189:16:26AM mack.reinwand@cityofdenton.comViewed: 11/28/20183:29:58PM CityofDentonSigned: 11/28/20183:33:53PM SecurityLevel: Email, AccountAuthentication SignatureAdoption: Pre-selectedStyleNone) UsingIPAddress: 129.120.6.150 ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign StephenKohlerSent: 11/28/20183:33:56PM skohler@thalle.comViewed: 11/30/201810:56:11AM President / COOSigned: 12/5/20181:38:18PM SecurityLevel: Email, AccountAuthentication SignatureAdoption: Pre-selectedStyleNone) UsingIPAddress: 65.153.148.74 ElectronicRecordandSignatureDisclosure: Accepted: 11/30/201810:56:11AM ID: 8c067ff9-25b4-4326-9369-5df2f313d90c ToddEstesSent: 12/5/20181:38:21PM todd.estes@cityofdenton.comViewed: 12/7/20186:50:00AM Director/CityEngineerSigned: 12/7/20186:51:19AM SecurityLevel: Email, AccountAuthentication SignatureAdoption: DrawnonDeviceNone) UsingIPAddress: 71.84.152.239 Signedusingmobile ElectronicRecordandSignatureDisclosure: Accepted: 12/7/20186:50:00AM ID: 1cacba9c-db86-4d41-b2e0-3933ca347423 398 SignerEventsSignatureTimestamp TabithaMillsopSent: 12/7/20186:51:22AMCompleted tabitha.millsop@cityofdenton.comViewed: 1/16/201911:20:28AM CityofDentonSigned: 1/16/201911:20:53AM UsingIPAddress: 129.120.6.150SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign ToddHilemanSent: 1/16/201911:20:57AM Todd.Hileman@cityofdenton.comViewed: 1/16/201911:21:26AM CityManagerSigned: 1/16/201911:21:34AM CityofDenton SignatureAdoption: Pre-selectedStyleSecurityLevel: Email, AccountAuthentication UsingIPAddress: 129.120.6.150None) ElectronicRecordandSignatureDisclosure: Accepted: 7/25/201711:02:14AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 JaneRichardsonSent: 1/16/201911:21:36AM jane.richardson@cityofdenton.comResent: 1/17/201910:48:57AM AssistantCitySecretaryViewed: 1/17/20194:18:54PM CityofDentonSigned: 1/17/20194:20:05PMSignatureAdoption: Pre-selectedStyleSecurityLevel: Email, AccountAuthentication UsingIPAddress: 129.120.6.150None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign InPersonSignerEventsSignatureTimestamp EditorDeliveryEventsStatusTimestamp AgentDeliveryEventsStatusTimestamp IntermediaryDeliveryEventsStatusTimestamp CertifiedDeliveryEventsStatusTimestamp CarbonCopyEventsStatusTimestamp SherriThurmanSent: 11/28/20189:16:25AM sherri.thurman@cityofdenton.com CityofDenton SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign JaneRichardsonSent: 1/16/201911:20:56AM jane.richardson@cityofdenton.comViewed: 1/16/20191:17:38PM AssistantCitySecretary CityofDenton SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign 399 CarbonCopyEventsStatusTimestamp JenniferBridgesSent: 1/17/20194:20:08PM jennifer.bridges@cityofdenton.com ProcurementAssistant CityofDenton SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign JaneRichardsonSent: 1/17/20194:20:09PM jane.richardson@cityofdenton.comViewed: 4/23/20194:22:43PM AssistantCitySecretary CityofDenton SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign LeePerrySent: 1/17/20194:20:11PM lee.perry@cityofdenton.com SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign AnnieBungerSent: 1/17/20194:20:12PM annie.bunger@cityofdenton.comViewed: 1/18/20197:19:03AM SecurityLevel: Email, AccountAuthentication None) ElectronicRecordandSignatureDisclosure: NotOfferedviaDocuSign NotaryEventsSignatureTimestamp EnvelopeSummaryEventsStatusTimestamps EnvelopeSentHashed/Encrypted1/17/20194:20:12PM CertifiedDeliveredSecurityChecked1/17/20194:20:12PM SigningCompleteSecurityChecked1/17/20194:20:12PM CompletedSecurityChecked1/17/20194:20:12PM PaymentEventsStatusTimestamps ElectronicRecordandSignatureDisclosure 400 ELECTRONICRECORDANDSIGNATUREDISCLOSURE Fromtimetotime, CityofDenton (we, usorCompany) mayberequiredbylawtoprovideto youcertainwrittennoticesordisclosures. Describedbelowarethetermsandconditionsfor providingtoyousuchnoticesanddisclosureselectronicallythroughyourDocuSign, Inc. DocuSign) Expressuseraccount. Pleasereadtheinformationbelowcarefullyandthoroughly, andifyoucanaccessthisinformationelectronicallytoyoursatisfactionandagreetotheseterms andconditions, pleaseconfirmyouragreementbyclickingthe 'Iagree' buttonatthebottomof thisdocument. Gettingpapercopies Atanytime, youmayrequestfromusapapercopyofanyrecordprovidedormadeavailable electronicallytoyoubyus. Forsuchcopies, aslongasyouareanauthorizeduserofthe DocuSignsystemyouwillhavetheabilitytodownloadandprintanydocumentswesendtoyou throughyourDocuSignuseraccountforalimitedperiodoftime (usually30days) aftersuch documentsarefirstsenttoyou. Aftersuchtime, ifyouwishforustosendyoupapercopiesof anysuchdocumentsfromourofficetoyou, youwillbechargeda $0.00per-pagefee. Youmay requestdeliveryofsuchpapercopiesfromusbyfollowingtheproceduredescribedbelow. Withdrawingyourconsent Ifyoudecidetoreceivenoticesanddisclosuresfromuselectronically, youmayatanytime changeyourmindandtellusthatthereafteryouwanttoreceiverequirednoticesanddisclosures onlyinpaperformat. Howyoumustinformusofyourdecisiontoreceivefuturenoticesand disclosureinpaperformatandwithdrawyourconsenttoreceivenoticesanddisclosures electronicallyisdescribedbelow. Consequencesofchangingyourmind Ifyouelecttoreceiverequirednoticesanddisclosuresonlyinpaperformat, itwillslowthe speedatwhichwecancompletecertainstepsintransactionswithyouanddeliveringservicesto youbecausewewillneedfirsttosendtherequirednoticesordisclosurestoyouinpaperformat, andthenwaituntilwereceivebackfromyouyouracknowledgmentofyourreceiptofsuch papernoticesordisclosures. Toindicatetousthatyouarechangingyourmind, youmust withdrawyourconsentusingtheDocuSign 'WithdrawConsent' formonthesigningpageofyour DocuSignaccount. Thiswillindicatetousthatyouhavewithdrawnyourconsenttoreceive requirednoticesanddisclosureselectronicallyfromusandyouwillnolongerbeabletouseyour DocuSignExpressuseraccounttoreceiverequirednoticesandconsentselectronicallyfromus ortosignelectronicallydocumentsfromus. Allnoticesanddisclosureswillbesenttoyouelectronically Unlessyoutellusotherwiseinaccordancewiththeproceduresdescribedherein, wewillprovide electronicallytoyouthroughyourDocuSignuseraccountallrequirednotices, disclosures, authorizations, acknowledgements, andotherdocumentsthatarerequiredtobeprovidedor madeavailabletoyouduringthecourseofourrelationshipwithyou. Toreducethechanceof youinadvertentlynotreceivinganynoticeordisclosure, weprefertoprovidealloftherequired noticesanddisclosurestoyoubythesamemethodandtothesameaddressthatyouhavegiven us. Thus, youcanreceiveallthedisclosuresandnoticeselectronicallyorinpaperformatthrough thepapermaildeliverysystem. Ifyoudonotagreewiththisprocess, pleaseletusknowas describedbelow. Pleasealsoseetheparagraphimmediatelyabovethatdescribesthe consequencesofyourelectingnottoreceivedeliveryofthenoticesanddisclosures electronicallyfromus. 401 HowtocontactCityofDenton: Youmaycontactustoletusknowofyourchangesastohowwemaycontactyouelectronically, torequestpapercopiesofcertaininformationfromus, andtowithdrawyourpriorconsentto receivenoticesanddisclosureselectronically asfollows: Tocontactusbyemailsendmessagesto: purchasing@cityofdenton.com ToadviseCityofDentonofyournewe-mailaddress Toletusknowofachangeinyoure-mailaddresswhereweshouldsendnoticesanddisclosures electronicallytoyou, youmustsendanemailmessagetousatmelissa.kraft@cityofdenton.com andinthebodyofsuchrequestyoumuststate: yourpreviouse-mailaddress, yournewe-mail address. Wedonotrequireanyotherinformationfromyoutochangeyouremailaddress.. Inaddition, youmustnotifyDocuSign, Inctoarrangeforyournewemailaddresstobereflected inyourDocuSignaccountbyfollowingtheprocessforchanginge-mailinDocuSign. TorequestpapercopiesfromCityofDenton Torequestdeliveryfromusofpapercopiesofthenoticesanddisclosurespreviouslyprovided byustoyouelectronically, youmustsendusane-mailtopurchasing@cityofdenton.comandin thebodyofsuchrequestyoumuststateyoure-mailaddress, fullname, USPostaladdress, and telephonenumber. Wewillbillyouforanyfeesatthattime, ifany. TowithdrawyourconsentwithCityofDenton Toinformusthatyounolongerwanttoreceivefuturenoticesanddisclosuresinelectronic formatyoumay: i. declinetosignadocumentfromwithinyourDocuSignaccount, andonthesubsequent page, selectthecheck-boxindicatingyouwishtowithdrawyourconsent, oryoumay; ii. sendusane-mailtopurchasing@cityofdenton.comandinthebodyofsuchrequestyou muststateyoure-mail, fullname, ISPostalAddress, telephonenumber, andaccount number. Wedonotneedanyotherinformationfromyoutowithdrawconsent.. The consequencesofyourwithdrawingconsentforonlinedocumentswillbethattransactions maytakealongertimetoprocess.. Requiredhardwareandsoftware OperatingSystems: Windows2000? orWindowsXP? Browsers (forSENDERS): InternetExplorer6.0? orabove Browsers (forSIGNERS): InternetExplorer6.0?, MozillaFireFox1.0, NetScape7.2 (orabove) Email: Accesstoavalidemailaccount ScreenResolution: 800x600minimum EnabledSecuritySettings: Allowpersessioncookies UsersaccessingtheinternetbehindaProxy ServermustenableHTTP1.1settingsvia proxyconnection Theseminimumrequirementsaresubjecttochange. Iftheserequirementschange, wewill provideyouwithanemailmessageattheemailaddresswehaveonfileforyouatthattime providingyouwiththerevisedhardwareandsoftwarerequirements, atwhichtimeyouwill havetherighttowithdrawyourconsent. 402 Acknowledgingyouraccessandconsenttoreceivematerialselectronically Toconfirmtousthatyoucanaccessthisinformationelectronically, whichwillbesimilarto otherelectronicnoticesanddisclosuresthatwewillprovidetoyou, pleaseverifythatyou wereabletoreadthiselectronicdisclosureandthatyoualsowereabletoprintonpaperor electronicallysavethispageforyourfuturereferenceandaccessorthatyouwereableto e-mailthisdisclosureandconsenttoanaddresswhereyouwillbeabletoprintonpaperor saveitforyourfuturereferenceandaccess. Further, ifyouconsenttoreceivingnoticesand disclosuresexclusivelyinelectronicformatonthetermsandconditionsdescribedabove, pleaseletusknowbyclickingthe 'Iagree' buttonbelow. Bycheckingthe 'IAgree' box, Iconfirmthat: IcanaccessandreadthisElectronicCONSENTTOELECTRONICRECEIPTOF ELECTRONICRECORDANDSIGNATUREDISCLOSURESdocument; and IcanprintonpaperthedisclosureorsaveorsendthedisclosuretoaplacewhereIcan printit, forfuturereferenceandaccess; and UntilorunlessInotifyCityofDentonasdescribedabove, Iconsenttoreceivefrom exclusivelythroughelectronicmeansallnotices, disclosures, authorizations, acknowledgements, andotherdocumentsthatarerequiredtobeprovidedormade availabletomeby CityofDentonduringthecourseofmyrelationshipwithyou. 403 Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration              404 10. Contract Changes Contract Unit Price Revised Estimated Cost PCMS Board $4,903.09 Surveying and bracing existing power pole $5,713.96 20" WL Redesign - Additional Potholing $4,446.84 20" WL Redesign - Tree Clearing $12,362.39 20" WL Redesign - Driveway Installation $3,532.11 Changes to fence and gates $1,182.32 $32,140.71 $32,140.71 New contract time: 466 days12. Contract time increased/decreased by:106 day(s) North - South Phase II 36-Inch/ 42- Inch Water Transmission Main CITY OF DENTON CHANGE ORDER 1. Division (Department) Capital Projects 2. Purchase Order No. 188412 Original Estimated Cost 6. Date Prepared Thursday, February 27, 2020 7. Name and Address of Contractor Thalle Construction Co., Inc. 10110 E. FM 917, Alvarado, TX 76009 4. Name of Project 3. Change Order No. 1 5. Project Acct No. 630282517.1360.40100 8. Description of Work Included in Contract Approximately 10,000 linear feet of 36-inch and 42-inch pipeline, generally along Bonnie Brae St., from Roselawn Dr. to I-35. 01$5,713.96 01$4,446.84 This change order is to add various work items to improve traffic control, minimize disturbances to private property, accommodate actual locations of existing underground water main, and to add to the contract time due to a fire at the pipe manufacturer's plant. 0 1 $4,903.09 9. Changes ordered and reason ordered Bid Item No Original Estimated Quantity Revised Estimate Qtit Negotiated C.O. Unit Price 01$12,362.39 01$3,532.11 01$1,182.32 TOTAL $0.00 11. Current Contract Price $7,830,947.71 Decrease in contract price $7,798,807.00 Increase in contract price New Contract Price Page 1 of 2         405 THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. 14. ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS: ________________________ Signature _________ Date 13. SUBMITTED BY:_______________________ Project Manager _________ Date 15. ACCEPTED BY CONTRACTOR: ________________ Title ________________________ Signature _________ Date 16. PURCHASING/FINANCE:________________________ Signature _________ Date Page 2 of 2                    406 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. 1 Name of vendor who has a business relationship with local governmental entity. 2 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 Name of local government officer about whom the information in this section is being disclosed. 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? 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? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date                         407 Certificate Of Completion Envelope Id: 26AF7A2BB5B64A8290DBB338D602CAFE Status: Completed Subject: ***Purchasing Approval*** 6901 - CO#1 - NS Water Main (Thalle) Source Envelope: Document Pages: 4 Signatures: 5 Envelope Originator: Certificate Pages: 5 Initials: 2 Laura Hermosillo AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 laura.hermosillo@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: Original 3/5/2020 12:15:46 PM Holder: Laura Hermosillo laura.hermosillo@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Laura Hermosillo laura.hermosillo@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 3/5/2020 12:27:20 PM Viewed: 3/5/2020 12:27:28 PM Signed: 3/5/2020 12:27:33 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 3/5/2020 12:27:35 PM Viewed: 3/5/2020 3:33:11 PM Signed: 3/5/2020 3:33:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jim Jenks Jim.Jenks@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 129.120.6.150 Sent: 3/5/2020 3:33:21 PM Viewed: 3/5/2020 3:40:20 PM Signed: 3/5/2020 3:40:44 PM Electronic Record and Signature Disclosure: Accepted: 3/5/2020 3:40:20 PM ID: 5190d608-9b96-4519-8d13-6fab97c45963 Stephen E. Kohler skohler@thalle.com President / COO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.153.148.74 Sent: 3/5/2020 3:33:21 PM Resent: 3/11/2020 9:19:11 AM Resent: 3/12/2020 9:03:22 AM Viewed: 3/6/2020 1:27:06 PM Signed: 3/17/2020 9:02:02 AM Electronic Record and Signature Disclosure: Accepted: 3/6/2020 1:27:06 PM ID: c2f2ff70-8494-48b4-8e6b-90a25623ca99 408 Signer Events Signature Timestamp Todd Estes Todd.Estes@cityofdenton.com City Engineer Capital ProTects Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 174.206.2.91 Signed using mobile Sent: 3/17/2020 9:02:04 AM Viewed: 3/17/2020 2:43:15 PM Signed: 3/17/2020 2:43:29 PM Electronic Record and Signature Disclosure: Accepted: 3/17/2020 2:43:15 PM ID: 0e9d0880-46e8-4c34-96ea-3babf27c4249 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 129.120.6.150 Sent: 3/17/2020 2:43:31 PM Viewed: 3/18/2020 1:46:11 PM Signed: 3/18/2020 1:46:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Ierson Signer Events Signature Timestamp Editor DeliverI Events Status Timestamp Igent DeliverI Events Status Timestamp IntermediarI DeliverI Events Status Timestamp IertiIied DeliverI Events Status Timestamp IarIon IopI Events Status Timestamp Annie Bunger Annie.Bunger@cityofdenton.com Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Sent: 3/18/2020 1:46:19 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Iitness Events Signature Timestamp IotarI Events Signature Timestamp Envelope SummarI Events Status Timestamps Envelope Sent Hashed/Encrypted 3/18/2020 1:46:19 PM Certified Delivered Security Checked 3/18/2020 1:46:19 PM Signing Complete Security Checked 3/18/2020 1:46:19 PM Completed Security Checked 3/18/2020 1:46:19 PM IaIment Events Status Timestamps Electronic Record and Signature Disclosure 409 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. 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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. %#! !#  %&# $!$&##%!     #%$#%!  $%" !#!$%$ 410 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, NetScape 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. 411 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. 412 ORDINANCE NO.20-2435 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 THALLE CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF THE NORTH SOUTH PHASE I1 36- INCH/42-INCH WATER TRANSMISSION LINE PROJECT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 6901 – CHANGE ORDER NO. 2 1N THE NOT-TO-EXCEED AMOUNT OF $113,189.27 FOR A TOTAL CONTRACT AWARD AGGREGATED TO $7,944, 136.98). WHEREAS, on January 15, 2019, by Ordinance No. 19-058, the Council awarded a contract to Thalle Construction Company, Inc., in the amount of $7,798,807.00 for the construction of the North South Phase I1 36-inch/42-inch water transmission line project for the City of Denton; and WHEREAS, on March 17, 2019, Purchasing awarded a Change Order to Thalle Construction Company, Inc., in the amount of $32,140.71; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and a decrease in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Order No. 2, increasing the amount of the contract between the City and Thalle Construction Company, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Thirteen Thousand One Hundred Eighty-Nine Dollars and 27/100 ($ 113,189.27), is hereby approved and the expenditure of funds therefore is hereby authorized in accordance with said change order. The total purchase order amount increases to $7,944,136.98. SECTION 2 This ordinance shall become effective immediately upon its passage and approval. Fhe motion to approve this ordinance seconded by 3H in following vote n - a: made by leAS e DaN IS the ordinance was passed and approved by the 413 Bf ./ IZ J J J Nay Abstain Absent 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: PASSED AND APPROVED this the ll+b day of \)eceN\b c(. 2020 GERARD HUDSPETH. MAYOR ATTEST: ROSA RIOS, CITY SECRETARY "g‘!Z?qfq air< rfe/ftp&t7 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY:MWE 414 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: D375E01D-83D9-4602-BE3D-42AAA959ADD5 Not Applicable North South Water Main Ph 2 6901IFB Laura Hermosillo N/A December 17, 2020 20-2435 Contractor:Thalle Construction Co., Inc. 900 NC 86 North Hillsborough, NC 27278 Josh Molina North South Water Main PH2 CHANGE ORDER NO.2 180006 PO #:188412 6901 Date Prepared:08/14/2020 7,798,807.00$ July 10, 2020 32,140.71$ 120 7,830,947.71$ 586 113,189.27$ November 7, 2020 Cont. Item No. Spec. Section No.Description of work UOM BID QTY THIS CO Unit Price Extended Price Original Contract & Ordinace Correction LS 1 0.08$ 0.08$ 0.08$ 47 COR-002 24-Inch Flanged Connection LS 0 1 19,955.09$ 19,955.09$ 48 COR-005 Recycled Asphalt Millings (Roselawn to Corbin)LS 0 1 30,994.27$ 30,994.27$ 49 COR-010 Water Gap- Property Fencing (Easement)LS 0 1 7,731.79$ 7,731.79$ 50 COD Request Tie in 12" Service -Courts at Bonnie Brae LS 0 1 54,508.04$ 54,508.04$ -$ -$ -$ -$ -$ 113,189.19$ North South Water Main PH2 $113,189.27 Approved CO's:Days increased/decreased by: CITY OF DENTON CHANGE ORDER FORM City of Denton - Capital Projects 901-A Texas Street Denton, TX 76209 Robin Davis, PM Project: ENG/CIP#: FILE# Orig. Contract Current Completion: NEW ITEMS OF WORK Current Contract:New completion days: This CO Request:New Completion date: PROJECT SCOPE AND REASON FOR CHANGE Description of work included in Contract: Installation of approx. 10,000 LF of 36 Inch & 42 Inch Water Mains along Bonnie Brae from Roselawn to I35E Reason for change: During the award process of the contract, it was executed and Ordinance approved for $7,798,807.00 instead of the actual Contractor bid amount of $7,798,807.08. Adding .08 here to correct the mistake in the contract execution and award process. • Differing Flange Connection size than reflected in design • Millings installed in problem roadway maintenance area • Property Owner Easement requiring Water Gap Improvements • Tie in a 12-Inch Main to the 42-Inch Main, providing 12-Inch Service for the new Courts at Bonnie Brae development, preventing an additional lateral crossing Bonnie Brae. (saving on future tie-in costs planned in the BBPH3 roadway project)• 60 days have been added to accomodate for a differing soils condition Change Request submitted by Thalle. Due to a lack of concensus on price between Thalle, and CIP/ Water Utilities; we have notified Thalle to persue through our Claims process as stated in the contract. CONTRACT CHANGES QUANTITY CHANGES TO EXISTING ITEMS TOTAL QTY CHANGES TOTAL NEW ITEMS TOTAL CHANGE ORDER #2: DocuSign Envelope ID: D375E01D-83D9-4602-BE3D-42AAA959ADD5 416 7,798,807.00$ 145,329.98$ 7,944,136.98$ 1.86% SUBMITTED BY:________________________ Project Manager ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS ________________________ Signature ACCEPTED BY CONTRACTOR: ________________________________________ Title Signature CITY MANAGER:________________________ Signature ATTEST: CITY SECRETARY ________________________ Signature PURCHASING ________________________ Signature APPROVED AS TO LEGAL FORM:________________________ Signature Percent Changes: Original Contract: Total Change Orders: New Contract: THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. DocuSign Envelope ID: D375E01D-83D9-4602-BE3D-42AAA959ADD5 President & COO 417 Certificate Of Completion Envelope Id: D375E01D83D94602BE3D42AAA959ADD5 Status: Completed Subject: Please DocuSign: City Council Contract 6901 CO#2 - NS Ph2 Water Line Source Envelope: Document Pages: 3 Signatures: 7 Envelope Originator: Certificate Pages: 6 Initials: 2 Laura Hermosillo AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 laura.hermosillo@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 10/19/2020 10:42:03 AM Holder: Laura Hermosillo laura.hermosillo@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Laura Hermosillo laura.hermosillo@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 10/19/2020 10:45:32 AM Viewed: 10/19/2020 10:45:42 AM Signed: 10/19/2020 10:45:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Davis Robin.Davis@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.77.200.42 Signed using mobile Sent: 10/19/2020 10:47:15 AM Viewed: 10/19/2020 10:51:41 AM Signed: 10/19/2020 10:53:14 AM Electronic Record and Signature Disclosure: Accepted: 10/19/2020 10:51:41 AM ID: 41362f3f-93d2-4162-bdcb-100593772754 Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 10/19/2020 10:45:51 AM Viewed: 10/19/2020 6:00:27 PM Signed: 10/19/2020 6:01:24 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 10/19/2020 10:47:15 AM Viewed: 10/26/2020 11:53:18 AM Signed: 10/26/2020 11:58:29 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign 418 Signer Events Signature Timestamp Stephen E. Kohler skohler@thalle.com President & COO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.153.148.74 Sent: 10/26/2020 11:58:30 AM Viewed: 10/26/2020 12:52:51 PM Signed: 10/27/2020 7:19:39 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 47.222.28.222 Sent: 10/27/2020 7:19:40 AM Resent: 11/3/2020 1:11:04 PM Resent: 11/10/2020 9:39:30 AM Viewed: 11/11/2020 11:06:23 AM Signed: 11/12/2020 11:24:43 AM Electronic Record and Signature Disclosure: Accepted: 11/12/2020 11:24:35 AM ID: b3ea347b-e95f-4fe1-8d99-2b8b645c33ba Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 198.49.140.104 Sent: 11/12/2020 11:24:45 AM Viewed: 12/18/2020 8:12:24 AM Signed: 12/18/2020 8:12:38 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 12/18/2020 8:12:40 AM Viewed: 12/18/2020 10:08:39 AM Signed: 12/18/2020 10:08:43 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/18/2020 10:08:44 AM Viewed: 12/21/2020 11:37:40 AM Signed: 12/21/2020 11:38:17 AM Electronic Record and Signature Disclosure: Accepted: 12/21/2020 11:37:40 AM ID: 18e02006-c4bc-4a76-a31f-1fa28d9ba30d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp 419 Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 10/19/2020 10:45:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 11/12/2020 11:24:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolina Parker zolina.parker@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 12/21/2020 11:38:19 AM 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 10/19/2020 10:45:32 AM Certified Delivered Security Checked 12/21/2020 11:37:40 AM Signing Complete Security Checked 12/21/2020 11:38:17 AM Completed Security Checked 12/21/2020 11:38:19 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 420 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. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Robin Davis, Rebecca Diviney, Todd Hileman, Rosa Rios 421 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, NetScape 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. 422 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. 423 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF CHANGE ORDER NO. 3 TO THE CONTRACT BETWEEN THE CITY OF DENTON AND THALLE CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF THE NORTH SOUTH PHASE II 36- INCH/42-INCH WATER TRANSMISSION LINE PROJECT FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (IFB 6901 CHANGE ORDER NO. 3 IN THE NOT-TO-EXCEED AMOUNT OF $439,304.64, FOR A TOTAL CONTRACT AWARD AGGREGATED TO $8,383,441.62). WHEREAS, on January 15, 2019, by Ordinance No. 19-058, the City Council awarded a contract to Thalle Construction Company, Inc., in the amount of $7,798,807.00, for the construction of the North South Phase II 36-inch/42-inch Water Transmission Line Project for the City of Denton; and WHEREAS, on March 17, 2020, Purchasing awarded a Change Order No. 1 between the City of Denton and Thalle Construction Company, Inc., in the amount of $32,140.71; and WHEREAS, on December 17, 2020, by Ordinance No. 20-2435, the City Council awarded Change Order No. 2 between the City of Denton and Thalle Construction Company, Inc., in the amount of $113,189.27; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that a change order be authorized to amend such contract agreement with respect to the scope of work and an increase in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Change Order No. 3, increasing the amount of the contract between the City and Thalle Construction Company, Inc., which is on file in the office of the Purchasing Agent, in the amount of Four Hundred Thirty-Nine Thousand Three Hundred Four and 64/100 ($439,304.64) dollars, is hereby approved, and the expenditure of funds therefore is hereby authorized in accordance with said change order which shall be attached hereto. The total purchase order amount increases to $8,383,441.62. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________. This ordinance was passed and approved by the following vote [___ - ___]: 424 Aye Nay Abstain Absent Mayor Gerard Hudspeth: ______ ______ ______ ______ Vicki Byrd, District 1: ______ ______ ______ ______ Brian Beck, District 2: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ Alison Maguire, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _______ day of ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 425 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: AF75338C-6D11-45A0-9935-6D61CD1059B4 IFB 6901 North South Water Main Ph 2 - CO#3 Not Applicable Cori Power 426 Contractor:Thalle Construction Co., Inc. 900 NC 86 North Hillsborough, NC 27278 Josh Molina North South Water Main PH2 CHANGE ORDER NO.36901CIP/ENG#PO #:188412 Contract BID Amount:7,798,807.00$ Prior Approved Other Funded CO's:145,329.98$ 5% Contingency Amount:-$ Current Contract Amount w CO's:7,944,136.98$ Total NTE Amount : 7,798,807.00$ This CO Other Funding Request:439,304.64$ Prior Approved CAA's:-$ Total Change Request:439,304.64$ Available Contingency:-$ This CAA Request:-$ Orig Contract Days:This CO Days Request:0 Contingency Remaining:-$ Approved CO Days:New Contract Days:586 30 Additional Hydromulch required to seed areas not originally included in plans 41 BB-3 3a 51 52 53 54 55 Item No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price This contract does not have Contingency -$ $0.00 This contract does not have Contingency -$ $0.00 Item No.Spec. Section No.UOM BID QTY +/- QTY Unit Price Extended Price 30 COD NCTCOG AM ITEM 202.6 SF 145905 451944 0.05$ 22,597.18$ 41 RCP-001 MO 4 6 1,041.11$ 6,246.66$ BB-3 COD NCTCOG AM ITEM 503.3 LF 200 40 650.00$ 26,000.00$ $54,843.84 3a COD NCTCOG AM ITEM 503.3 LS 336 672.12$ 225,832.32$ 51 EA 0 1 44,820.79$ 44,820.79$ 52 LS 0 1 42,370.53$ 42,370.53$ 53 LS 0 1 4,590.27$ 4,590.27$ 54 Alignment Adj.-Gas Line conflict STA 40+04 LS 0 1 49,346.89$ 49,346.89$ Robin Davis, Project Manager CITY OF DENTON CHANGE ORDER FORM City of Denton - Capital Projects 401 N. Elm Street Denton, TX 76201 PROJECT SCOPE AND REASON FOR CHANGE Project:IFB#180022-1 Notice To Proceed Issued:Current Completion Date:New Completion Date:4/1/2019 11/7/2020 11/7/2020 360 226 CONTINGENCY ALLOWANCE AUTHORIZED (CAA) CONTRACT CHANGES Description of work included in Contract: Installation of approx. 10,000 LF of 36 Inch & 42 Inch Water Transmission Main along Bonnie Brae from Roselawn to I35E Reason for change: Extended use of Electronic message board (6 additional months) Bore Pit extension (20"lowering) due to rising water in planned locations Amount City agrees is due to Thalle for additional efforts regarding the Differing Subsurface Conditions Claim (boring under railroad area). Additional Joint Wrap Material (PERP) for Covalence product (modified during bid) Alignment adjustment due to unknown UNT sewer line - Required re-design, removal of approx 50' of installed line and re- installation at new alignment Alignment adjustment due to unknown UNT sewer line - Per TCEQ Regulations, this section of pipe within the disturbed trench zone was cut out and swapped for pressure rated PVC and encased in concrete. Amount City agrees is due to Thalle for additional efforts due to Gas Line conflict @ STA 40+04 - redesign and depth adjustments were made Amount for Thalle to provide an additonal warranty period from the standard 2 year to 5 years on a section of the 20" lowering in lieu of performing a pressure test, in an effort to protect existing 20 yr old valves. (Water Util Request) 36"x 5/8" Thick Steel Casing By Bore QUANTITY CHANGES TO EXISTING ITEMS Description of work TOTAL CAA QTY CHANGES: NEW ITEMS OF WORK Contingency funds are used at City's discretion per contract spec language TOTAL CAA NEW ITEMS: OTHER FUNDED CONTRACT CHANGES (CO) QUANTITY CHANGES TO EXISTING ITEMS Description of work Hydromulch PCMS Board TOTAL OTHER FUNDED EXISTING QTY CHANGES: NEW ITEMS OF WORK 60"x0.844" Thick Steel Casing By Bore NEW MEANS & METHOD UPCHARGE PER LF Joint Wrap Material Alignment Adj. #1 - 42" due to unknown Utility Alignment Adj. #2 - 42" due to Unknown Utility DocuSign Envelope ID: AF75338C-6D11-45A0-9935-6D61CD1059B4 427 55 YR 2 3 5,833.33$ 17,500.00$ $384,460.80 $439,304.64 7,798,807.00$ 7,798,807.00$ -$ North South Water Main PH2 584,634.62$ 8,383,441.62$ - 7.50% 7.50% Signatory Lines will be updated by Purchasing if required SUBMITTED BY:_______________________________ Robin Davis, Project Manager ACCEPTED BY CITY ENGINEER/DIRECTOR OF CAPITAL PROJECTS _______________________________ Signature ACCEPTED BY CONTRACTOR: ____________________________________________________________ Name, Title Signature CITY MANAGER:_______________________________ Signature ATTEST: CITY SECRETERY _______________________________ Signature PURCHASING:_______________________________ Signature APPROVED AS TO LEGAL FORM:_______________________________ Signature Original Not To Exceed Amount: Ext. Warranty Section of 20" Lowering TOTAL OTHER FUNDED NEW ITEMS: TOTAL CO AMOUNT: Original BID/Contract Amount: THE AFOREMENTIONED CHANGE, AND WORK AFFECTED THEREBY, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. Total CAA's: Total CO's: Revised Contract Amount: % of CAA Approved To-Date: Total Changes over Original Bid: Percent Changes over NTE: DocuSign Envelope ID: AF75338C-6D11-45A0-9935-6D61CD1059B4 Stephen E. KohlerPresident & COO 428 Certificate Of Completion Envelope Id: AF75338C6D1145A099356D61CD1059B4 Status: Sent Subject: Please DocuSign: City Council Contract 6901 NS Water Main CO#3 Source Envelope: Document Pages: 3 Signatures: 5 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 9/23/2021 1:49:42 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 9/23/2021 1:56:00 PM Viewed: 9/23/2021 1:56:18 PM Signed: 9/23/2021 1:56:53 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 9/23/2021 1:56:55 PM Viewed: 9/23/2021 2:17:19 PM Signed: 9/23/2021 2:17:32 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 9/23/2021 2:17:34 PM Viewed: 9/23/2021 2:17:52 PM Signed: 9/23/2021 2:44:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin Davis Robin.Davis@cityofdenton.com Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 198.49.140.104 Sent: 9/23/2021 2:44:31 PM Viewed: 9/23/2021 2:49:54 PM Signed: 9/23/2021 2:52:53 PM Electronic Record and Signature Disclosure: Accepted: 9/23/2021 2:49:54 PM ID: daff9307-96cb-4916-b973-78084b6cc293 429 Signer Events Signature Timestamp Stephen E. Kohler skohler@thalle.com President & COO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 66.61.198.205 Sent: 9/23/2021 2:52:55 PM Resent: 9/30/2021 11:59:19 AM Resent: 10/4/2021 12:00:54 PM Resent: 10/8/2021 10:28:50 AM Resent: 12/27/2021 8:30:59 AM Resent: 12/28/2021 5:16:28 PM Viewed: 9/23/2021 2:54:46 PM Signed: 12/29/2021 8:43:25 AM Electronic Record and Signature Disclosure: Accepted: 9/23/2021 2:54:46 PM ID: 223eccb4-7b74-4e5a-8168-6dd6df21ab41 Rebecca Diviney Rebecca.Diviney@cityofdenton.com Director of Capital Projects/City Engineer Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 166.205.97.18 Signed using mobile Sent: 12/29/2021 8:43:27 AM Viewed: 12/29/2021 9:02:05 AM Signed: 12/29/2021 9:02:27 AM Electronic Record and Signature Disclosure: Accepted: 12/29/2021 9:02:05 AM ID: c82b799c-23cc-4877-af35-ed973ec3ea41 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 12/29/2021 9:02:29 AM 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: 12/28/2021 2:42:27 PM ID: 0b3390f8-09ae-46ee-a62f-d0a63d0bd15c 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 430 Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/23/2021 1:56:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Gretna Jones gretna.jones@cityofdenton.com 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 Robin Davis Robin.Davis@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/23/2021 2:49:54 PM ID: daff9307-96cb-4916-b973-78084b6cc293 Carol Roberts Carol.Roberts@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 9/23/2021 1:56:00 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 431 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. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-184,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 first amendment to a contract between the City of Denton and Casco Industries,Inc., amending the contract approved by City Council on June 20,2017,in the not-to-exceed amount of $600,000.00;said first amendment for the continued supply of turnout gear for structural firefighting for the City of Denton Fire Department;providing for the expenditure of funds therefor;and providing an effective date (RFP 6432 -providing for an additional first amendment expenditure amount not-to-exceed $150,000.00, with the total contract amount not-to-exceed $750,000.00). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™435 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT 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 contract between the City of Denton and Casco Industries, Inc., amending the contract approved by City Council on June 20, 2017, in the not-to-exceed amount of $600,000.00; said first amendment for the continued supply of turnout gear for structural firefighting for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 6432 – providing for an additional first amendment expenditure amount not-to-exceed $150,000.00, with the total contract amount not-to-exceed $750,000.00). INFORMATION/BACKGROUND The proposed amendment will add additional funds to the existing contract to allow the Fire Department to place a final order for personal protective equipment (PPE) prior to the contract expiring in June of 2022. The department is responsible for providing PPE to all operations personnel who enter hazardous environments which includes fires, hazardous materials incidents, and motor vehicle collisions. PPE commonly referred to as “bunker gear” or “turn-out” gear, is designed to protect the upper and lower body, excluding the head, hands, and feet, against adverse environmental effects. All materials and construction must meet or exceed National Fire Protection Association (NFPA) Standard 1971 and Occupational Safety and Health Administration (OSHA) standards for structural firefighting protective clothing. Firefighters are custom-fitted and assigned a set of PPEs. The gear is replaced every five years as required by NFPA 1971. The department currently has a replacement program that varies from an average of 40 sets of gear being replaced each year to a bulk replacement of 100 sets per year, which increases with the hire of each new operational employee. A limited inventory of extra gear has been assembled to replace individual pieces as needed. If a needed piece is not in inventory, a replacement can be ordered. This practice saves time and money by not having to replace an entire set. Texas Commission for Fire Protection requires adherence to NFPA 1851-2020, which outlines new requirements for Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, including increased basic and advanced cleaning and inspections. This results in the need for a second set of turnout gear for each operational employee in the event of soiling and contamination of primary gear. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 436 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 20, 2017, City Council approved a contract with Casco Industries, Inc. in the not-to-exceed amount of $600,000 (Ordinance 2017-175). RECOMMENDATION Award Amendment No. 1 with Casco Industries, Inc., for the continued supply of turnout gear for structural firefighting for the City of Denton Fire Department, in a not-to-exceed amount of $150,000, for a total amended contract amount of $750,000. PRINCIPAL PLACE OF BUSINESS Casco Industries, Inc. Shreveport, LA ESTIMATED SCHEDULE OF PROJECT This contract will expire on June 20, 2022. FISCAL INFORMATION These services will be funded from Fire Department Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Ordinance and Amendment 1 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lindsey Garrison, 940-349-8844. Legal point of contact: Marcella Lunn at 940-349-8333. 437 ORDINANCE N. 2017-175 WHEREAS, the City has solicited, received, and evaluated competitive sealed proposals for the supply of Turnout Gear for the City of Denton Fire Department in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received, and reviewed, and tl e relative importance of price, and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation offunds lies. or servi aMroved and acceytL-4 herein; NOW, THEREFORE, SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies, or services, shown in the "Request for Proposal" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance ofprice and the other evaluation factors included in the request for proposals. RFP NUMBER CONTRACTOR AMOUNT 6432 Casco Industries, Inc. $600,000 ("the Proposal") SECTION 2. By the acceptance and approval of the above numbered items of the submitted tersons si bmittin&,the itro#osal for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, yeecifications,, stan—dardsouantities and for the s-,Qecified sums contained in the Pr000sal Invitation Proposal, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, i M ager or is desianate r resentative is ere 438 Proposal and related documents herein approved and accepted. This will be an initial one (1) year contract with options to extend the contract for four (4) additional one (1) year periods with all terms and conditions remaining the same. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required, or permitted to be performed by the City of Denton under RFP 6432 to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated bid, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the„ry day of --d] 2017. CHRIS WATTS ..............._...____. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY wa APP14")V "'AS TO 1,"GAL FORM: AARON LEAL, INTERIM CITY ATTORNEY 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND CASCO INDUSTRIES, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JUNE 20, 2017, IN THE NOT-TO-EXCEED AMOUNT OF $600,000.00; SAID FIRST AMENDMENT FOR THE CONTINUED SUPPLY OF TURNOUT GEAR FOR STRUCTURAL FIREFIGHTING FOR THE CITY OF DENTON FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 6432 PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $150,000.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $750,000.00). WHEREAS, on June 20, 2017, by Ordinance No. 2017-175, the City awarded a contract to Casco Industries, Inc., in the amount of $600,000.00, for the supply of turnout gear for structural firefighting for the City of Denton Fire Department; 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 , 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 Casco Industries, Inc., which is on file in the office of the Purchasing Agent, in the amount of One Hundred Fifty Thousand and 00/100 ($150,000.00) Dollars, is hereby approved, and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $750,000.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 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: ______ ______ ______ ______ 483 PASSED AND APPROVED this the _______ day of ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 484 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 231E3DAE-AAF3-4475-9B3A-AA2F54FF6739 RFP Ginny Brummett Supply of Jacket & Pant for Structural Firefighting 6432 Not Applicable 485 1 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CASCO INDUSTRIES, INC. 6432 THIS FIRST AMENDMENT TO CONTRACT 6432 (this “Amendment”) by and between the City of Denton, Texas (“City”) and Casco Industries, Inc. (“Contractor”) to that certain contract executed on June 20, 2017, in the original not-to-exceed amount of $600,000 (the “Agreement”); for services related to the supply of turn out gear for structural firefighting. WHEREAS, the City deems it necessary to further expand the services provided by Contractor to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $150,000 with this First Amendment for an aggregate not-to-exceed amount of $750,000; and WHEREAS, the City deems it necessary to further expand the goods/services provided by Contractor to the City; and WHEREAS, the original not-to-exceed amount may not be increased by more than 25.0% as provided in Texas Local Government Code Sec. 252.048; and NOW THEREFORE, the City and Contractor (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 First Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement amount to provide an additional $150,000 for additional services and materials to be provided in accordance with the terms of the Agreement with a revised aggregate not-to-exceed total of $750,000. 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 Contractor, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date_______________________________________. DocuSign Envelope ID: 231E3DAE-AAF3-4475-9B3A-AA2F54FF6739 486 2 “CONTRACTOR” Casco Industries, Inc. By: _____________________________ AUTHORIZED SIGNATURE, TITLE CITY OF DENTON, TEXAS By: _____________________________ SARA HENSLEY INTERIM CITY MANAGER APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: _________________________________ ATTEST: ROSA RIOS, CITY SECRETARY By: _________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 231E3DAE-AAF3-4475-9B3A-AA2F54FF6739 Fire Kenneth Hedges Fire Chief 487 Certificate Of Completion Envelope Id: 231E3DAEAAF344759B3AAA2F54FF6739 Status: Sent Subject: Please DocuSign: City Council Contract-6432 Supply of Jacket & Pant for Structural Firefighting Source Envelope: Document Pages: 3 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 1 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 1/7/2022 4:55:23 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 1/7/2022 4:56:13 PM Viewed: 1/7/2022 4:56:24 PM Signed: 1/7/2022 4:56:41 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/7/2022 4:56:44 PM Viewed: 1/10/2022 8:17:48 AM Signed: 1/10/2022 8:18:00 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.191.210.54 Sent: 1/10/2022 8:18:02 AM Viewed: 1/10/2022 1:44:50 PM Signed: 1/10/2022 1:46:08 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jessie Gentry jessie@cascoindustries.com Sales Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 99.76.128.190 Sent: 1/10/2022 1:46:09 PM Resent: 1/11/2022 10:02:07 AM Viewed: 1/12/2022 9:01:22 AM Signed: 1/12/2022 9:11:52 AM Electronic Record and Signature Disclosure: Accepted: 1/12/2022 9:01:22 AM ID: 978eae8d-8a10-495d-8090-f6980dc9f84a 488 Signer Events Signature Timestamp Kenneth Hedges Kenneth.Hedges@cityofdenton.com Fire Chief Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 198.49.140.10 Sent: 1/12/2022 9:11:54 AM Viewed: 1/12/2022 11:11:22 AM Signed: 1/12/2022 11:12:28 AM Electronic Record and Signature Disclosure: Accepted: 1/12/2022 11:11:22 AM ID: 40a52675-3225-4041-8012-821e974ca687 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/12/2022 11:12:31 AM 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: 1/12/2022 11:41:19 AM ID: d5a24bf3-d94f-45b0-a46c-dc0d9da0d1c0 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/7/2022 4:56:43 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign 489 Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 1/12/2022 11:12:31 AM Viewed: 1/12/2022 3:51:24 PM 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 Lindsey Garrison Lindsey.Garrison@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/29/2021 10:47:29 AM ID: 073ab694-b99f-43b4-a629-8b63e945b4e0 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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Jessie Gentry, Kenneth Hedges, Rosa Rios, Lindsey Garrison 491 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.. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-185,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,ratifying the expenditure of funds by the City Manager to perform Fuel Certainty and Cold Weather Operations analysis and recommendations for the Denton Energy Center;and providing an effective date (File 7804-001 -awarded to Black & Veatch Corporation, in the not-to-exceed amount of $135,000.00). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™494 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, ratifying the expenditure of funds by the City Manager to perform Fuel Certainty and Cold Weather Operations analysis and recommendations for the Denton Energy Center; and providing an effective date (File 7804-001 – awarded to Black & Veatch Corporation, in the not-to-exceed amount of $135,000.00). INFORMATION/BACKGROUND As a result, extreme weather, and the loss of fuel to the Denton Energy Center (DEC) during winter storm Uri in February 2021, Denton Municipal Electric (DME) incurred losses of approximately $140 million and, due to similarly forced outages of natural gas-fired generator throughout ERCOT, the Texas grid experienced massive and pervasive load shed events that resulted in the loss of life and property. In response to the storm and risk to the ERCOT grid that it revealed, the Texas legislature passed SB3. This new law imposes significant fines of up to $1,000,000 per day for failure to properly weatherize electric generating facilities. While DME has attested to its compliance with the weatherization mandate required for the winter of 2021/2022, longer-term compliance items such as fuel security evaluations must begin to position the DEC and other generating units for increased reliability during the winter of 2022/2023. The inspection of the DEC that is immanent in the coming weeks will evaluate the measures that DME has taken to prepare for this winter and the measures that DME will take to address the specific causes of the forced outage during winter storm Uri. DME needs to be in a position to state that a contract is in place to complete the fuel security evaluation at the time of the inspection to avoid the potential for an allegation of non- compliance. The Public Utility Commission of Texas (PUCT) has already fined market participants in excess of $7 million for paperwork violations. On August 25, 2021, DME and Procurement initiated an RFQ to put in place a set of pre-qualified engineering firms that could perform the Fuel Certainty and Cold Weather Operations analysis along with other anticipated future engineering needs of the department. That effort culminated in the approval of the Pre-qualified professional services ordinance approved by the City Council on December 14, 2021 (Ordinance 21-2687). While the action taken by the City Council permits the City to select firms based on a pre-qualified list of firms, the City’s Code of Ordinances requires an additional authorization by the City Council of the spending authority for the work. Given the impending inspections, the time required to place the item on the agenda for City Council action, and the potential for fines in the event that the work is not initiated quickly, DME requested an emergency declaration so that the work could begin as soon as possible and DME will be able to report such the ERCOT inspectors. The date of the inspection is not yet set. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 495 Based on the qualifications, knowledge, and experience in designing projects of similar type and magnitude, staff selected Black and Veatch Corporation from a list of qualified consultants to perform this work. Request for Qualifications for professional engineering services for Denton Municipal Electric was solicited using the City’s formal solicitation process. City Council approved a pre-qualified list of engineering firms on December 14, 2021. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 14, 2021, Council approved RFQ 7804 for a prequalified list of professional engineering services for Denton Municipal Electric (Ordinance 21-2687). RECOMMENDATION Approve the spend to Black and Veatch Corporation, to perform Fuel Certainty and Cold Weather Operations analysis and recommendations for the Denton Energy Center, in the not-to-exceed amount of $135,000. PRINCIPAL PLACE OF BUSINESS Black and Veatch Corporation Overland Park, KS ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by October 2024. FISCAL INFORMATION These services will be funded from Electric Revenue Bonds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Contract Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Terrance Naulty, 940-349-7565. Legal point of contact: Marcella Lunn at 940-349-8333. 496 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 PSA Fuel Certainty & Cold Weather Ops Analysis 7804-001 Not Applicable Christa Christian N/A N/A 22-185 497 Page 1   AGREEMENT BY AND BETWEEN CITY OF DENTON AND BLACK & VEATCH CORPORATION (FILE 7804-001) STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT is made and entered into as of the _____ day of __________, 20__, by and between the City of Denton, a Texas home-rule municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and BLACK & VEATCH CORPORATION a Delaware corporation, whose address is 11401 Lamar A venue, Overland Park, Kansas 66211, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services ("Basic Services") in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER's response to RFQ 7804-001, "Denton Energy Center - Fuel Certainty and Cold Weather Operations " referred to as "the Project" (also known as the "Denton Energy Center"). These documents are attached hereto and made a part hereof as Exhibit A, as if written word for word herein. B. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 19TH JANUARY 498 Page 2   ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER and mutually agreed upon, which are not included in the above-described Basic Services ("Additional Services"), are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Commission on Environmental Quality, Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in Basic Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. G. Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations. ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, but not to exceed four (4) years from the date of execution, including Additional Services, if any, and any required extensions approved by the OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 499 Page 3   for the schedule with regard to the inspection, testing and verification services provided during the construction phase of the Project. The CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its Executive Manager- Power, Legislative & Regulatory Affairs. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of those services required by OWNER as delineated in Exhibits A and B. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, the costs shown in Exhibit B which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non- labor expenses not to exceed $135,000.00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through the Denton Municipal Electric Executive Manager - Power, Legislative & Regulatory Affairs or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the Executive Manager- Power, Legislative & Regulatory Affairs or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 500 Page 4   authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit B. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due to the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed statement thereof, prompt payment act interest as set forth in Chapter 2251 of the Texas Government Code shall be paid on the amounts due the CONSULTANT. In addition, the CONSULTANT may, after giving ten (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay prompt payment act interest if the OWNER has a bona fide dispute with the CONSULTANT concerning the payment or if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." ARTICLE VI CHANGES OWNER, may order and/or require changes to the scope of work required by the Agreement by altering, adding to and/or deducting from the scope of work to be performed. In addition, the scope of work or time of performance may be changed by a change in the law; changed or unexpected site condition; an act or omission of OWNER or OWNER's suppliers or contractors; an error or change in OWNER-provided information; or an event of force majeure. If any changes occur under this clause that requires an increase in the CONSULTANT's scope of work that increases cost, time of performance or both, OWNER will require CONSULTANT to provide a change order proposal with a not to exceed amount for the additional work being requested. Should the Parties be unable to negotiate a change order for additional work, CONSULTANT agrees that it will perform the additional work in accordance with the rates in Exhibit 8 and the Parties shall attempt to resolve the matter at a later time. OWNER will then have the opportunity to review the change order proposal and negotiate a final change order price for the additional work. OWNER may at any time reduce the CONSULTANT's work through a deductive change order without cost to the OWNER. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 501 Page 5   ARTICLE VII OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work performed by the engine supplier and EPC Contractor for the Project as set forth in Exhibit A. ARTICLE VIII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER when CONSULTANT has been compensated for services rendered. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. Rights to intellectual property developed, utilized, or modified in the performance of the services shall remain the property of CONSULTANT. CONSULTANT hereby grants to OWNER an irrevocable (except in the event of a breach of this license), nonexclusive, royalty-free license to utilize CONSULTANT's proprietary property provided to OWNER as part of the services to the extent necessary for the construction, operation, maintenance, repair, or alteration of the facilities; provided that OWNER shall not use, or distribute to others, any CONSULTANT statement or opinion for the purposes of a prospectus, other investment memorandum or financing decision, except with CONSULTANT's prior written consent, which shall not be unreasonably withheld. OWNER shall not acquire any rights to any of CONSULTANT's, its subcontractors' or vendors' proprietary computer software that may be used in connection with the services except as may be separately agreed. ARTICLE IX INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER will respect CONSULTANTS's autonomy and will not attempt to control, direct, or supervise individual CONSULTANT, employees (or its agents) activities in any manner except regarding the exigent matters of safety. OWNER will direct CONSULTANT activities through communication with CONSULTANT's management. Without OWNER's prior written consent, CONSULTANT shall have no authority to bind OWNER in any manner whatsoever. CONSULTANT, its employees, DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 502 Page 6   CONSULTANT's agents, and their employees shall not be considered employees of OWNER in any way, or for any purpose. ARTICLE X INDEMNIFICATION IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 271.904, THE CONSULTANT SHALL INDEMNIFY OR HOLD HARMLESS THE OWNER AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE CONSULTANT OR CONSULTANT’S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE CONSULTANT 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. OWNER IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY’S FEES IN PROPORTION TO THE CONSULTANT’S LIABILITY. 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 XI CONSTRUCTION RELATED SERVICES A. "Pre-existing Contamination" is any hazardous or toxic substance, material, or condition present at the job site that was not brought onto such site by CONSULTANT. Notwithstanding anything in this Agreement to the contrary, title to, ownership of, and legal responsibility and liability for Pre-existing Contamination shall at all times remain with OWNER. B. CONSULTANT shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures of construction; or for the safety or environmental precautions and programs in connection with the work performed by OWNER's contractors, vendors or suppliers. ARTICLE XII INSURANCE During the performance of the services under this Agreement, CONSULTANT 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 DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 503 Page 7   a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of $1,000,000 for each occurrence and $1,000,000 in the aggregate, and with property damage limits of $100,000 for each occurrence and $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of $500,000 for each person and $500,000 for each accident, and with property damage limits of$1 00,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of $1,000,000 annual aggregate. E. The CONSULTANT shall furnish insurance certificates at the OWNER's request to evidence such coverages. The General Liability and Auto Liability insurance policies shall name the OWNER as an additional insured. CONSULTANT shall endeavor to provide OWNER with any cancellation or modification to its insurance policies. The builders-all risk or other property insurance shall respond to damage to the Project or Owner's property, and CONSULTANT shall be included as an additional insured on such policy. ARTICLE XIII DISPUTES The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation utilizing the American Arbitration Association Rules of Mediation for the Construction Industry. No mediation arising out of or relating to this Agreement may proceed without the agreement of both parties to submit the dispute to mediation. The location for the mediation shall be the City of Denton, Denton County, Texas. Should the Parties be unable to resolve the matter through mediation, the Parties agree that any litigation shall be commenced in the state or federal court having jurisdiction in or near Denton County, Texas as set forth in ARTICLE XXIV. ARTICLE XIV TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 504 Page 8   termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V, "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall tum over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XV RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. CONSULTANT warrants that it will perform the services in accordance with the standards of care and diligence normally practiced by recognized engineering firms in performing services of a similar nature in existence at the time of performance of the services. If, during the one year period following completion of the services ("Warranty Period"), it is shown there is an error in the services caused solely by CONSULTANT's failure to meet such standards and OWNER has notified CONSULTANT in writing of any such error within that period, CONSULTANT shall re- perform, at no additional cost to OWNER, such services within the original scope of services as may be necessary to remedy such error. CONSULTANT shall have no liability for defects in the services attributable to CONSULTANT's reasonable reliance on reports, data, design criteria, drawings, specifications, or other information that was either (i) obtained by the OWNER prior to the date of this Agreement, or (ii) in existence prior to the date of this Agreement. Since CONSULTANT has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet construction schedules, CONSULTANT's opinion of probable costs and of construction schedules shall be made on the basis of experience and qualifications as a professional engineer. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 505 Page 9   CONSULTANT does not guarantee that proposals, bids, or actual construction costs will not vary from CONSULTANT's cost estimates or that actual schedules will not vary from CONSULTANT's projected schedules. The obligations and representations contained in this Article XV are CONSULTANT's sole warranty and guarantee obligations and OWNER's exclusive remedy in respect of quality of the services. EXCEPT AS PROVIDED IN THIS ARTICLE, CONSULTANT MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTICLE XVI 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' : To CONSULTANT: To OWNER: Black & Veatch Corporation Attn: Legal Department 11401 Lamar Avenue Overland Park, Kansas 66211 City of Denton Purchasing Manager – File 7804-001 901B Texas Street Denton, Texas 76201 DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 506 Page 10  All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTICLE XVII ENTIRE AGREEMENT This Agreement, consisting of fifteen (15) pages and two (2) 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 XVIII 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. ARTICLE XIX COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XX DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 507 3/8/2017Page 3   ARTICLE XXI PERSONNEL/SUBCONSULTANTS A. The CONSULTANT 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 OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. R All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. C. In those instances deemed necessary by the OWNER, the CONSULTANT, its employees and/or its subconsultants shall be required to submit to background checks. D. CONSULTANT may engage any subconsultant or subconsultants necessary to complete its work under this Agreement. CONSULTANT shall provide the names of those subconsultants to OWNER and OWNER will have a right to accept or reject the subconsultant. Nothing contained in this Agreement shall create any contractual relationship between a subconsultant and OWNER. Should OWNER become dissatisfied for any reason with any of CONSULTANT's personnel or any of its subconsultants on any project on which CONSULTANT is providing work under this Agreement, CONSULTANT agrees that it will remove the personnel or subconsultant at the written request of the OWNER. CONSULTANT shall utilize, to the extent possible, local labor resources. ARTICLE XXII ASSIGNABILITY The CONSULTANT shall not assign any of its scope of work under in this Agreement, and shall not transfer any of its scope of work under this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. Should the CONSULTANT assign any part of the monies due under this Agreement, CONSULTANT is required to provide written notice of the same to OWNER. Any assignment of monies due under this Agreement shall not change any of the terms or conditions of this Agreement to include but not limited to the terms and conditions for payment under this Agreement. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 508 3/8/2017Page 3   The Parties agree that each are hereby bound and the officers, directors, members, partners, successors, assigns, employees, representatives, executors, and administrators of the Parties are hereby bound to the other party to this Agreement and to the officers, directors, members, partners, successors, assigns, employees, representatives, executors, and administrators of such other party, in respect to all covenants, terms, conditions and obligations of this Agreement. ARTICLE XXIII 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 further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXIV MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A: CONSULTANT's proposal, schedule and rates B. The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONSULTANT shall also require all subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available at CONSULTANT's offices in Kansas City upon written request. The purpose of any audit shall be only for verification of such direct costs and CONSULTANT shall not be required to keep records of or provide access to those of its costs expressed as fixed rates, a lump sum, or of costs which are expressed in terms of percentages of other costs. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 509 3/8/2017Page 3   CONSULTANT which must be payable within five (5) business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in a state or federal court with jurisdiction in or near Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be those persons described in Exhibit A. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein provided, however, they meet the requirements of RFQ 7804-001 E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. G. 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. H. The parties shall, consistent with applicable law, treat this Agreement and any information related to this Agreement and the Project, in a Confidential Manner. The term "Confidential Manner" means the exercise of reasonable care that is at least the same degree of care that a Party regularly employs to safeguard its own confidential information from an unauthorized use or disclosure; but the defense of the confidentiality of any information subject to this section in any judicial or administrative process shall be solely the responsibility of the Party claiming harm from the disclosure of the information. ARTICLE XXV DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 510 3/8/2017Page 3   LIMITATIONS A. Neither party shall be liable to the other party for loss of profits or revenue; loss of use; loss of opportunity; loss of goodwill; cost of substitute facilities, goods or services; cost of capital; cost of replacement power; governmental and regulatory sanctions; and claims of customers for such damages; or, any special, consequential, incidental, indirect or exemplary damages. Property damage and bodily injury are not considered to be special, consequential, incidental, indirect or exemplary damages. B. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of CONSULTANT and CONSULTANT's officers, directors, members, partners, agents, employees, and consultants, to OWNER and anyone claiming by, through, or under OWNER for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of CONSULTANT or CONSULTANT's officers, directors, members, partners, agents, employees, or consultants, shall not exceed the total compensation received by CONSULTANT under this Agreement, or $5,000,000, whichever sum is greater. ARTICLE XXVI FORCE MAJEURE "Force Majeure" shall mean any event or circumstance to the extent beyond the control of, and not the result of the negligence of, or caused by, the Party seeking to have its performance obligation excused thereby, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome, including but not limited to (but only to the extent that the following examples satisfy all of the foregoing elements of this definition): A. Acts of God, such as droughts, floods, earthquakes; B. War (declared or undeclared), riots, insurrection, rebellion, acts of the public enemy, acts of terrorism and sabotage, blockades, and embargoes; and C. Industry-wide, regional or general (i.e., not directed specifically at or by the Party claim Force Majeure) strikes, lockouts or other labor disputes. Notwithstanding the foregoing, Force Majeure shall not include (A) weather conditions reasonably to be expected for the climate in the geographic area of the Facility and any other location where the Work is to be, (B) any delay, default or failure (direct or indirect) in the performance of the Work by any Subcontractor or any other delay, default or DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 511 3/8/2017Page 3   failure (financial or otherwise) attributable to a Subcontractor unless such delay, default or failure results from any act, event or condition which would, with respect to such Subcontractor, constitute an event of Force Majeure, (C) failure to timely apply for Permits, (D) breakage or malfunction of equipment (except to the extent that such failure was caused by an event that would otherwise qualify as a Force Majeure), or (E) a Party's financial inability to perform under this Agreement. Notwithstanding any terms herein to the contrary, neither Party shall be responsible or liable for any delay or failure in its performance under this Agreement, nor shall any delay, failure, or other occurrence or event become an event of default, to the extent such delay, failure, occurrence or event is substantially caused by conditions or events of Force Majeure; provided, that: A. The non-performing Party gives the other Party notice within the four (4) days after the date on which the non-performing Party becomes aware of the impact of an event at Force Majeure on the affected Party and documentary evidence with respect to such event of Force Majeure promptly but in no event later than twenty-eight (28) days after such initial notice; B . T h e suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; C. The non-performing Party proceeds with reasonable diligence to use all reasonable efforts to mitigate the effects of the Force Majeure and to remedy its inability to perform and provides weekly progress reports to the other Party describing actions taken to end the Force Majeure; D. When the non-performing Party is able to resume performance of its obligations under this Agreement, that Party shall give the other Party written notice to that effect; and E. The affected Party shall continue to perform its other obligations hereunder not affected by such Force Majeure. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 512 3/8/2017Page 3   ARTICLE XXVII Prohibition On Contracts With Companies Boycotting Israel Consultant 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, Consultant certifies that Consultant’s signature provides written verification to the City that Consultant: (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. ARTICLE XXVIII 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, Consultant certifies that Consultant’s signature provides written verification to the City that Consultant, 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. ARTICLE XXIX SUSPENSION, DELAY, OR INTERRUPTION TO WORK   The OWNER may suspend, delay, or interrupt the services of the CONSULTANT for the convenience of the OWNER. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the CONSULTANT's personnel and subcontractors, and CONSULTANT's compensation will be made. ARTICLE XXX DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 513 3/8/2017Page 3   OBSERVE AND COMPLY CONSULTANT shall at all times observe and comply with all federal and State laws and regulations and with all OWNER 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. CONSULTANT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS OWNER 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. ARTICLE XXXI IMMIGRATION NATIONALITY ACT CONSULTANT shall verify the identity and employment eligibility of its employees who perform work under this AGREEMENT, including completing the Employment Eligibility Verification Form (I-9). Upon request by OWNER, CONSULTANT shall provide OWNER with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this AGREEMENT. CONSULTANT 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 CONSULTANT employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY OWNER AND HOLD OWNER HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT’S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. OWNER, upon written notice to CONSULTANT, shall have the right to immediately terminate this AGREEMENT for violations of this provision by CONSULTANT.  DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 514 3/8/2017Page 3   ARTICLE XXXII 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 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. Consultant 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_form1295.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 OWNER 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. ARTICLE XXXIII PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation as defined in the City’s Ethic Ordinance 18-757 and in the City Charter chapter 2 article XI(Ethics). Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Consultant shall complete and submit the City’s Conflict of Interest Questionnaire. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 515 3/8/2017Page 3   IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this ___________________. BY: CITY OF DENTON, TEXAS BY: CONSULTANT City Manager Date:__________________ BLACK & VEATCH CORPORATION Name_____________________________ Title______________________________ Date:____________________________ 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: MACK REINWAND, CITY ATTORNEY By: ______________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER ATTEST: ROSA RIOS, CITY SECRETARY By:_________________________ DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 202 Tim McClellan Sr. Attorney 1/7/2022 2-838246 Roosevelt Huggins Vice President 1/12/2022 DME General Manager 1/12/2022 Electric 01/19/2022 1/19/2022 516 3/8/2017Page 3   DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 EXHIBIT A CONSULTANT'S PROPOSAL, SCHEDULE & RATES 517 PROPOSAL FOR DECEMBER 20, 2021 Fuel Certainty and Cold Weather Operations PROPRIETARY AND CONFIDENTIAL DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 518 Black & Veatch Corporation 4400 Post Oak Parkway, Suite 1200, Houston, TX 77027 P +1 713-590-2274 | E HugginsR@bv.com December 20, 2021 Terry Naulty Black & Veatch Prospect No. 127963 Assistant General Manager, Denton Municipal Electric 1659 Spencer Rd. Denton, TX 76205 Subject: Black & Veatch Proposal for Fuel Certainty and Cold Weather Operations Dear Terry: Black & Veatch is pleased to submit this proposal to the City of Denton to provide support for the Fuel Certainty and Cold Weather Operations project. We understand you are seeking assessment of potential LNG storage on site, the costs of connecting to nearby ATMOS gas pipeline, and a survey of the facility to identify improved freeze protection measures to ensure more reliable cold weather operations. Black & Veatch has extensive expertise in LNG, natural gas supply, and cold weather/freeze protection. We will provide accurate insight regarding the efficacy, cost and schedule of these options to the City of Denton so the appropriate course of action can be recommended to ensure reliable operations during future extreme weather events. • We have a wealth of experience in the design of LNG liquefication, storage and re-gasification systems ranging in size from small-scale vehicle fuel or peak shaving applications, to large-scale LNG terminals. • Black & Veatch has modeled the North American energy markets and infrastructure (named Energy Market Perspective) and will apply this model to comprehensively assess the addition of gas supply capacity to the Denton Energy Center. • We are highly experienced in designing power generating facilities in cold climates. Recent extreme weather in Texas has driven the need to reassess the cold design ambient conditions to ensure reliability and operability during critical periods. Black & Veatch has assisted numerous utilities to assess plant modifications to meet these new specifications. We appreciate the opportunity to demonstrate our capabilities and we look forward to working together with the City of Denton on this important project. If you have any questions or require any additional information, please contact Project Manager Steven Baker (Tel: 713-275-2843, email: BakerSA@bv.com) or me (Tel: 713-590-2274, email: HugginsR@bv.com). Very truly yours, BLACK & VEATCH CORPORATION Roosevelt Huggins Vice President & Client Account Executive DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 519 BV.COM BLACK & VEATCH | TABLE OF CONTENTS i Table of Contents 1.0 PROJECT APPROACH ................................................................................................. 1 1.1 Kickoff Meeting ......................................................................................................................... 1 1.2 Task 1: LNG Storage Feasibility and Cost Analysis ..................................................................... 1 1.3 Task 2: North Texas/Barnett Shale Gas Supply Market Assessment ......................................... 2 1.4 Task 3: Evaluation of Alternative Gas Supply Transportation Options ...................................... 2 1.5 Task 4: Winterization Analysis .................................................................................................. 2 1.6 Task 5: NPV Analysis ................................................................................................................. 4 1.7 Report ....................................................................................................................................... 4 1.8 Assumptions and Clarifications ................................................................................................. 4 2.0 PROJECT SCHEDULE ................................................................................................... 5 3.0 PROJECT TEAM .......................................................................................................... 6 3.1 Project Organization ................................................................................................................. 6 3.2 Key Team Professionals’ Experience Summaries ...................................................................... 6 3.3 Supporting Technical Expertise ................................................................................................. 7 4.0 COMMERCIAL TERMS ................................................................................................ 9 4.1 Contract Terms & Conditions ................................................................................................... 9 4.2 Pricing ....................................................................................................................................... 9 4.3 Schedule of Rates ..................................................................................................................... 9 APPENDIX A. 2022 BILLING RATES AND EXPENSE SCHEDULE ........................................ 10 DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 520 BV.COM BLACK & VEATCH | PROJECT APPROACH 1 1.0 Project Approach The following describes the methodology that Black & Veatch will use to complete the project scope. 1.1 KICKOFF MEETING Black & Veatch will host a web conference to introduce key team members, review scope of work and schedule, discuss the City of Denton’s goals and objectives, and finalize the design basis and project approach. This meeting is a great opportunity for team members to become further acquainted, align expectations, and ask questions about the project and execution approach for critical alignment that impacts remaining project Tasks. We will issue a suggested meeting agenda prior to the meeting for the City of Denton to consider and update. After the meeting, we will issue a data request. Requested information will include financial assumptions for the NPV analysis, data on the existing facility, and incident investigation reports. 1.2 TASK 1: LNG STORAGE FEASIBILITY AND COST ANALYSIS The unique characteristics and potential hazards of LNG make siting analysis paramount for a feasibility assessment. The available plot space for equipment is just one facet to analyze, while the existing facilities and nature of the adjacent properties must be considered to ensure the potential hazards of LNG remain under control. The technology selections for storage and vaporization and location of spill containment areas must be integrated to ensure compliance with NFPA 59A and other typical industry practices and have a major influence on cost. Black & Veatch has performed siting studies for LNG systems many times and will provide the City of Denton with site-specific recommendations to achieve the safety requirements while optimizing cost and operability. This analysis also incorporates our experience as a construction provider to ensure safe and efficient project execution considering laydown and access as well as on-going maintainability of the equipment. Black & Veatch understands the importance of making the most informed decisions at each stage of a project. The predicted cost is one of the major decision points when determining the feasibility of the project. Black & Veatch will utilize the following general approach to develop the study level Class V estimate for the Denton Energy Center’s LNG backup: • Develop the initial estimate based on in-house historical pricing data, modified to project-specific capacity, scope and location. • An Equipment List and Preliminary Layout will be the main reference documents to build the estimate. The technical characteristics and specifications will be utilized to derive the applicable adjustments in the estimating tool to align with the project’s design requirements. • LNG Storage Tank(s) and Vaporization types will be compared against the available area for the facility. Potential hazards and code-compliant spacing to the power plant and adjacent properties will be considered to determine the allowable secondary containment and heat exchanger footprint which will inform the applicable type of technology employed. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 521 BV.COM BLACK & VEATCH | PROJECT APPROACH 2 The cost estimate and corresponding schedule will be representative of the scope that will be included in an engineering, procurement, and construction (EPC) contract for building the LNG infrastructure, including cost for storage, vaporization, unloading facilities, and balance of plant equipment, as well as construction and project management costs. Major equipment cost estimates will be based on Black & Veatch’s historical database, prior studies, and recent vendor quotations. Supporting infrastructure, controls and other equipment will be estimated based on a percentage of equipment cost or such costs determined from prior studies. Our summary report will provide the Equipment List, Preliminary Layout, and AACE Class V (±50%) cost estimate. 1.3 TASK 2: NORTH TEXAS/BARNETT SHALE GAS SUPPLY MARKET ASSESSMENT Black & Veatch will review the regional supply and demand market fundamentals to understand how Tropical Storm Uri impacted gas production in the Barnett Shales, and other regional supplies that feed into the Enterprise pipeline and the Sherman Extension. Black & Veatch will rely upon its Energy Market Perspective (EMP) to understand regional trends and provide an assessment on the future production outlook for Barnett Shale and the availability of gas supplies on the Enterprise system. Based on our EMP, Black & Veatch will summarize any regional gas pipeline development trends over the 25-year analysis period, and the impact of Waha to Gulf Coast pipeline flows on the Enterprise system. Incremental pipeline capacity growth from the Permian to the Gulf Coast will also have an impact on North to South pipeline flows from North Texas. 1.4 TASK 3: EVALUATION OF ALTERNATIVE GAS SUPPLY TRANSPORTATION OPTIONS Black & Veatch will evaluate gas supply transportation options identified by the City of Denton. Our team will evaluate where the proposed Enterprise compressor station upgrade will provide enough supplies to the power plant and identify any potential gas pipeline alternatives like Atmos Pipeline. Black & Veatch will provide an estimate of potential costs to other identified gas pipeline alternatives and the ability to provide firm gas supplies during peak winter periods. Black & Veatch will rely upon our EMP for regional gas prices/basis to understand the potential upstream supply costs and delivered costs to the power plant. Black & Veatch will develop a 25-year gas price/basis projection to evaluate the different gas supply transportation options to firm up peak winter gas supplies. 1.5 TASK 4: WINTERIZATION ANALYSIS Site Visit A team of two Black & Veatch professionals will travel to the site to discuss in detail the Freeze Protection / Winterization areas of concern. The site visit will last up to 2 days at the facility. Black & Veatch engineers will complete a detailed walk-down of the locations identified. The engineers will also review and document any other areas within the plant not identified but presenting potential freezing problems. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 522 BV.COM BLACK & VEATCH | PROJECT APPROACH 3 The walk-down will inspect and document each of the following at all locations identified as potential freezing problems: • Document the existing condition of insulation and freeze protection. • Confirm the existing insulation type and thickness and the operability of any existing heat tracing. • Conceptually determine the need for individual or grouped enclosures to protect exposed instrumentation and small equipment. • Identify and evaluate other equipment or piping not on the list but vulnerable to freezing temperatures, like indoor piping near large open doors or exposed instrument lines and drains. • Identify hazardous area designations or other site conditions that could impact the type or temperature of heat tracing to be used. • Photograph each item/area identified to be addressed on the survey report. A brief meeting will be conducted at the end of each day to summarize the progress of the day and discuss any unanticipated findings. Winterization Option Analysis Before analyzing various options to improve reliability and plant responsiveness, Black & Veatch will first revisit the ambient design assumptions for the facility. We will review and confirm a design low temperature and concurrent wind conditions from historical records or other recognized source on which to base freeze protection design. In addition, Black & Veatch will identify which modification options could be implemented by the winter of 2021/2022. Based on the confirmed design assumptions, Black & Veatch will investigate the following improvement options: • Utilize a winter blend water-glycol mixture in addition to the summer or current water-glycol blend. • Enhance the capability to drain the coolant expeditiously when extremely cold weather is anticipated. • Add heat to the coolant to allow continued operations during extreme cold weather events while maintaining the current water-glycol blend. • Complete an evaluation of the insulation required for each location identified and, where inadequate, determine the additional insulation required and the extent of the area where it is required. Design would be based on standard Black & Veatch standards and guides for thermal insulation. • Recommend instrument enclosures where required to protect exposed instruments or groups of instruments. • Recommend building enclosures where large areas of equipment/instrumentation should be enclosed for protection. • Confer with site personnel to determine the type and complexity of controls for the freeze protection system and the need for interface, if any, with existing plant DCS and controls. Cost Estimate For each winterization option developed as a result of the analysis above, Black & Veatch will develop a high level (AACE Class V ±50%) capital cost estimate based on in-house data. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 523 BV.COM BLACK & VEATCH | PROJECT APPROACH 4 1.6 TASK 5: NPV ANALYSIS Black & Veatch will develop a high level NPV model to summarize the capital and O&M costs of each plant modification option described above. Our team will examine the projected annual transportation and fuel costs of each pipeline option and compare it to the costs of the LNG facility on a 25-year NPV basis. The Microsoft Excel model will contain the CapEx and OpEx projections developed by Black & Veatch for each option, and allow for different inputs on discount rates, upstream commodity prices, and various cost escalation factors. Black & Veatch will provide a detailed Microsoft Excel Workbook with input sheets for various cost assumptions, and high-level summary NPV chart comparing various plant winterization and fuel supply options. 1.7 REPORT Black & Veatch will prepare a draft report with executive summary, body, and summary of findings for City of Denton’s review. The report body will generally follow the outline of tasks described above. The report will clearly describe study methodology, execution approach, alternatives considered, decisions made, and findings. You will have an opportunity to review the draft report and provide consolidated comments for our review and incorporation. A final report will then be issued for City of Denton’s records. 1.8 ASSUMPTIONS AND CLARIFICATIONS • Weekly conference calls will be conducted throughout this project to coordinate site activities and overall progress. • Capital cost estimate accuracy range is budgetary and in accordance with AACE Class V (±50%) DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 524 BV.COM BLACK & VEATCH | PROJECT SCHEDULE 5 2.0 Project Schedule Black & Veatch proposes to perform the scope of work outlined in this proposal according to the schedule provided below. This schedule will be discussed in detail during the project kick-off meeting to confirm these dates and understand other critical deadlines for the project. TASK COMPLETION DATE Kickoff Meeting Week of Jan 10 Task 1: LNG Storage Feasibility And Cost Analysis Feb 25, 2022 Task 2: North Texas/Barnett Shale Gas Supply Market Assessment Feb 25, 2022 Task 3: Evaluation Of Alternative Gas Supply Transportation Options Feb 25, 2022 Task 4: Winterization Analysis Feb 25, 2022 Task 5: NPV Analysis Of Plant Winterization Options And Firm Fuel Supply Options Mar 11, 2022 Draft Report Mar 15, 2022 Final Report 1 Week After Draft Comments Received DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 525 BV.COM BLACK & VEATCH | PROJECT TEAM 6 3.0 Project Team 3.1 PROJECT ORGANIZATION The following project personnel will provide key contributions to the overall success of this project. We have selected this team in part because of their experience performing similar services for projects of similar capacity. This direct experience will enhance the contributions of our project team and create additional value for the City of Denton. The Project Manager and his project team are held accountable to provide consistent, meaningful project execution through the use of proven tools and methods, thus providing a high degree of confidence for successful project completion. Evaluation guides, computer programs, guide specifications and standardized procedures have been established to ensure consistency, completeness and quality of work across all Black & Veatch projects, regardless of project location or project execution office. This is further supported by internal quality control and assurance requirements of Black & Veatch's quality assurance program. 3.2 KEY TEAM PROFESSIONALS’ EXPERIENCE SUMMARIES The following capability summaries for members of our project team outline how their current capabilities and previous experience will be an asset to this project. These professionals are committed to the successful completion of this assignment and will be a key factor to meeting your goals and objectives. PROJECT DIRECTOR, TOM SHRADER Thomas J. Shrader is a Senior Project Manager and Project Director within Black & Veatch's power business. Tom has more than 40 years of experience in this industry with Black & Veatch. He is primarily responsible for management of electrical power generating facilities design, procurement and construction operations for new build as well as retrofit projects. For the last several years he has been involved with natural gas fired combustion turbine and coal fired generating stations by way of retrofit projects. PROJECT MANAGER, STEVEN BAKER Steven A. Baker is a Project Manager within Black & Veatch’s Power business in San Antonio, Texas. He manages engineering services projects related to all facets of existing plant betterment and retrofit. Recent projects include leading a team of multi-discipline engineers to perform power generating facilities conceptual and detailed design, specification development, equipment and construction procurement, project cost estimating, contract administration, and construction support. Steven is dedicated to providing project solutions that aid Black & Veatch’s clients in meeting their goals. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 526 BV.COM BLACK & VEATCH | PROJECT TEAM 7 LNG TECHNOLOGY CONSULTANT, JUSTIN ELLRICH Justin Ellrich is a Principal Process Engineer within Black & Veatch's Oil & Gas business and serves as LNG Systems Leader, lending technical expertise and project guidance across the department and company. He is experienced in designing both grassroots and revamp facilities for cryogenic processing, as well as incorporating project estimates and schedule into detailed economic models. Justin has experience with floating liquefaction and modularization of LNG plants, as well as evaluations of gas conditioning and contaminant removal technologies. He also has experience collaborating with plant operations and guiding clients through startup. Justin has served as Lead Process Engineer for numerous large-scale LNG export FEEDs, culminating in more than $6 billion in EPC contracts. He holds two patents, has authored multiple articles, and has presented at Gastech and World Gas Conference regarding LNG technology and project execution. PRINCIPAL CONSULTANT, DENNY YEUNG Denny Yeung is a principal consultant at Black & Veatch with expertise in natural gas fundamental market analysis, asset valuation and financial analysis. He has led numerous engagements in market assessments of natural gas markets and due diligence review of midstream assets. As the interstate pipeline market lead, he has led the detailed modeling of fundamentals factors in the North America natural gas market and assessing the impact on price and basis on proposed natural gas infrastructure. He has accumulated extensive knowledge on market fundamentals, strategy development and natural gas infrastructure optimization in his experience with Black & Veatch. 3.3 SUPPORTING TECHNICAL EXPERTISE Black & Veatch assigns dedicated project execution teams to individual projects based on specific staffing needs. Each execution team will have engineers and technicians dedicated to each project and will also call upon technical experts for specific areas of expertise. The listing below provides a breakdown of Black & Veatch’s major specialty groups. Our ability to discuss any aspect of power generation, no matter how broad or how detailed, will allow us to meet every project objective and mitigate any potential technical challenge before it becomes a significant risk to the project. Black & Veatch Key Support Groups DISCIPLINE / EXPERTISE WORK DESCRIPTION Thermal Performance & Technologies Specializes in turbines, both steam and combustion type, and other equipment associated with turbine cycles. For steam turbines, this group develops heat balances and defines thermal performance parameters; writes technical specifications; reviews vendor’s quotations; and reviews vendor submittals. Permitting Specializes in obtaining the various federal, state, and local permits and approvals that are required to construct and operate all types of industrial plants, including power generating stations and their ancillary facilities. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 527 BV.COM BLACK & VEATCH | PROJECT TEAM 8 DISCIPLINE / EXPERTISE WORK DESCRIPTION Equipment Specializes in the various equipment used in Power projects (turbines, pumps, compressors, pressure vessels, heat exchangers, etc.). Develops equipment specifications, monitors equipment vendor performance, and performs equipment-related studies and assessments. Materials Application Specializes in welding, welding procedures, materials applications, and coatings. Fire Protection Specializes in fire protection systems and code requirements for all power plant fire protection systems. Ability to perform life safety analysis. Heat Rejection Analysis of heat rejection systems with emphasis on cycle heat rejection. Determines optimum configurations for circulating water, condenser, and cooling tower configurations. Perform water hammer analysis. Site Group Specializes in the design of site facilities, including site grading, drainage, underground utilities, etc. Auxiliary Power Contains specialists in transformers and other auxiliary power components Instruments and Control Specializes in instruments and instrument settings. Schematics and Control Specializes in plant control systems, including logic development, and schematic and wiring diagram development. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 528 BV.COM BLACK & VEATCH | COMMERCIAL TERMS 9 4.0 Commercial Terms 4.1 CONTRACT TERMS & CONDITIONS Black & Veatch proposes to perform the scope of work outlined in this proposal in accordance with the terms and conditions of the Professional Services Agreement between the City of Denton and Black & Veatch Corporation dated March 21, 2017 (File 6230). Black & Veatch’s proposal is valid for 60 days from the submittal date. This proposal is tendered with the understanding that the impacts of the Coronavirus of the pandemic are changing daily. We are currently executing under a business continuity plan that is continuing to develop with this evolving situation. As we cannot estimate the potential impacts as of the date of this bid, we respectfully reserve the right to amend the proposal, as needed, based on further impacts from this Coronavirus pandemic. If impacts arise, we will discuss them with you prior to making any changes to our proposal, including execution plan, cost or schedule, and we will work collaboratively with you to develop the most effective path forward, given the constraints. 4.2 PRICING Black & Veatch will provide the services defined in this proposal on a Time and Material (T&M) basis for an estimated price of $135,000. This amount will not be exceeded without prior authorization from the City of Denton. The breakdown of the estimated price is as follows: TASK PRICE Task 1: LNG Storage Feasibility And Cost Analysis $25,500 Task 2: North Texas/Barnett Shale Gas Supply Market Assessment $19,100 Task 3: Evaluation Of Alternative Gas Supply Transportation Options $15,000 Task 4: Winterization Analysis $29,000 Task 5: NPV Analysis Of Plant Winterization Options And Firm Fuel Supply Options $23,000 Meetings, Expenses, Administration, and Report $23,400 4.3 SCHEDULE OF RATES We have provided a copy of Black & Veatch’s 2022 Billing Rates and Expense Schedule in Appendix A. DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 529 BV.COM BLACK & VEATCH | APPENDIX A 10 Appendix A. 2022 Billing Rates and Expense Schedule DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 530 ADO -- Administrative Services 01 $44.97 02 $53.57 03 $57.39 04 $70.66 05 $81.37 06 $93.64 07 $108.25 ARC -- Architecture 01 $77.57 02 $85.77 03 $98.42 04 $117.62 05 $148.72 06 $168.15 07 $194.70 CNS -- Construction Services 01 $89.38 02 $98.12 03 $109.51 04 $122.70 05 $139.49 06 $164.38 07 $186.00 08 $205.19 09 $226.06 10 $261.53 11 $289.78 12 $365.45 ENG -- Engineering 127 $99.12 128 $108.22 129 $123.09 130 $135.52 131 $162.82 132 $192.70 133 $226.89 134 $246.82 135 $254.43 136 $265.28 ENS -- Engineering Specialist 127 $83.96 128 $96.75 129 $106.74 130 $131.67 131 $143.46 132 $170.80 133 $203.29 134 $240.91 ENT -- Engineering Technician 125 $67.89 126 $74.04 127 $82.86 128 $95.41 129 $105.97 130 $125.12 131 $149.39 132 $178.88 133 $216.59 134 $214.06 Calendar Year 2022 HOURLY BILLING RATES (see Client Billings and Notes) Salary Plan/Description/Grade/Hourly Billing Rate ($USD) CONFIDENTIAL Note 2 Black & Veatch Billing Rates and Expense Schedule for Home Office Consulting Engineering Services Engineering design, analysis, and management. Includes departmental and project assignments including engineering department management. Technical designers and drafters. Construction service functions, including construction management, construction support, resident engineering, and project review. Professionals who provide expertise and project support for engineering and other types of projects. Architectural design, analysis, and management of the architectural function. Office support including clerical and secretarial. Page 1 12/17/2021 2022 Home Office Rates - File:13.25 Copyright Black & Veatch 2021. All Rights Reserved. City of Denton DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 531 Calendar Year 2022 HOURLY BILLING RATES (see Client Billings and Notes) Salary Plan/Description/Grade/Hourly Billing Rate ($USD) CONFIDENTIAL Note 2 Black & Veatch Billing Rates and Expense Schedule for Home Office Consulting Engineering Services EST -- Estimating 01 $100.37 02 $105.09 03 $112.26 04 $125.47 05 $154.77 06 $189.03 07 $233.94 08 $320.20 09 $293.46 FIN -- Finance 01 $62.27 02 $68.56 03 $78.67 04 $95.49 05 $114.92 06 $149.69 07 $165.87 08 $195.59 PCR -- Procurement 01 $70.99 02 $89.40 03 $104.05 04 $121.38 05 $139.67 06 $178.66 07 $197.88 08 $253.29 09 $275.93 PJC -- Project Controls 01 $90.61 02 $101.06 03 $117.58 04 $138.46 05 $168.40 06 $186.00 07 $234.60 08 $283.60 09 $292.38 PMT -- Project Management 01 $201.77 02 $224.68 03 $247.13 04 $258.23 05 $284.32 06 $294.48 07 $319.41 08 $371.65 SPC -- Specialized Staff 01 $71.98 02 $93.91 03 $101.21 04 $117.06 05 $126.76 06 $168.68 07 $199.32 08 $218.85 09 $278.05 CST - Consulting 01 $206.00 02 $268.00 03 $320.00 04 $371.00 05 $392.00 06 $407.00 07 $418.00 Professionals who provide strategic consulting services with respect to planning, management, market assessment, and other specialty consulting services. Project accounting, financial reporting, planning & analysis, accounting operations, and tax. Professionals who assess the cost related to projects to assist with the preparation of proposals. Specialist staff who provide quality analysis/quality control, business analysis and related services. Project managers and project directors. Professionals who track the cost associated with a project and perform planning and scheduling functions related to projects. Professionals who secure and administer the purchase of goods, commodities, and services. Page 2 12/17/2021 2022 Home Office Rates - File:13.25 Copyright Black & Veatch 2021. All Rights Reserved. City of Denton DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 532 Calendar Year 2022 HOURLY BILLING RATES (see Client Billings and Notes) Salary Plan/Description/Grade/Hourly Billing Rate ($USD) CONFIDENTIAL Note 2 Black & Veatch Billing Rates and Expense Schedule for Home Office Consulting Engineering Services 6. Overtime applies only to non-exempt personnel as defined by the US Federal Wage and Hour Law. Overtime will be billed as actual hours charged to this project by Black & Veatch personnel in accordance with the rate sheet plus 50%. 2. This Rate Sheet contains information that may be privileged, confidential and exempt from disclosure under applicable law. Any unauthorized disclosure, copying, or distribution of this document or any of its contents is prohibited. 4. Cost of 3rd party services and for non-customary office costs such as production printing will be billed at actual cost plus 10%. 5. Field assignments of longer than 60 days will be billed as actual hours charged to this project by Black & Veatch personnel in accordance with the rate sheet plus uplift as determined by current field services policy. Expenses for field assignments can be per diem, actual expenses, or a combination of both as specific to the assignment. 2. Typical and customary home office expenses, including computer related expenses (network server charges, PC usage charges, software and design application charges, printing, plotting, and server storage), reprographic services, document production, fax, telephone, postage/courier, etc. will be billed at a rate of $9.00 per hour of direct billed labor. 3. Expenses for travel and lodging will be billed at actual cost. These expenses include cost such as air-fare, personal mileage, lodging, meals, motor vehicles rental, telephone, special rental equipment, etc. 1. Billing rates are subject to annual adjustment on each January 1. 7. Any other professionals not specifically identified above will be placed in the most appropriate category above based on function and experience. Client Billings: Client shall pay to Engineer for the performance of the Services the sum of the following amounts unless the compensation is otherwise stated in the specific task assignment. 1. Labor cost will be billed as actual hours charged to this project by Black & Veatch personnel and in accordance with the rates above. Notes: Page 3 12/17/2021 2022 Home Office Rates - File:13.25 Copyright Black & Veatch 2021. All Rights Reserved. City of Denton DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 533 BV.COM BLACK & VEATCH | APPENDIX A 11 © Black & Veatch Corporation, 2021. All Rights Reserved. The Black & Veatch name and logo are registered trademarks of Black & Veatch Holding Company bv.com DocuSign Envelope ID: F62BEA34-DA2C-4DF9-AE35-AC8BD9AA1B90 534 Certificate Of Completion Envelope Id: F62BEA34DA2C4DF9AE35AC8BD9AA1B90 Status: Completed Subject: Please DocuSign: City Council Contract 7804-001 Fuel Certainty & Cold Weather Ops Analysis Source Envelope: Document Pages: 38 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Christa Christian AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Christa.Christian@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 12/27/2021 11:43:58 AM Holder: Christa Christian Christa.Christian@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Christa Christian christa.christian@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/27/2021 3:01:34 PM Viewed: 12/27/2021 3:01:50 PM Signed: 12/27/2021 3:02:32 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/27/2021 3:02:34 PM Viewed: 12/27/2021 4:23:41 PM Signed: 12/27/2021 4:24:05 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/27/2021 4:24:07 PM Viewed: 12/27/2021 4:26:32 PM Signed: 12/27/2021 4:28:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Tim McClellan McClellanTJ@bv.com Sr. Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 68.171.25.109 Sent: 1/7/2022 12:20:02 PM Viewed: 1/7/2022 1:58:30 PM Signed: 1/7/2022 2:29:07 PM Electronic Record and Signature Disclosure: Accepted: 1/7/2022 1:58:30 PM ID: 1059146f-ddee-4849-bc56-86498f68db72 535 Signer Events Signature Timestamp Roosevelt Huggins HugginsR@bv.com Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 107.146.30.239 Sent: 12/27/2021 4:28:31 PM Resent: 1/4/2022 6:47:22 AM Resent: 1/7/2022 2:29:10 PM Viewed: 1/7/2022 2:36:20 PM Signed: 1/12/2022 10:46:50 AM Electronic Record and Signature Disclosure: Accepted: 1/7/2022 2:36:20 PM ID: f184ecdf-e00f-4cde-8316-6d99ac4e405a Antonio Puente, Jr. Antonio.Puente@cityofdenton.com DME General Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 1/12/2022 10:46:53 AM Viewed: 1/12/2022 1:24:34 PM Signed: 1/12/2022 1:26:29 PM Electronic Record and Signature Disclosure: Accepted: 1/12/2022 1:24:34 PM ID: 5e08ee71-1250-41b6-95e8-a4dcdb236197 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 1/12/2022 10:46:53 AM Viewed: 1/19/2022 11:19:28 AM Signed: 1/19/2022 11:20:04 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Sara Hensley sara.hensley@cityofdenton.com Interim City Manager City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 1/19/2022 11:20:09 AM Viewed: 1/19/2022 11:20:39 AM Signed: 1/19/2022 11:20:45 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 1/19/2022 11:20:50 AM Viewed: 1/19/2022 11:48:48 AM Signed: 1/19/2022 11:57:19 AM Electronic Record and Signature Disclosure: Accepted: 1/19/2022 11:48:48 AM ID: 9d82fccf-8fa9-4ffa-98e1-075f8c9d2d8e 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 536 Carbon Copy Events Status Timestamp Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 12/27/2021 3:02:34 PM 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) Sent: 1/19/2022 11:20:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign City Secretary Office citysecretary@cityofdenton.com 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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Tim McClellan, Roosevelt Huggins, Antonio Puente, Jr., Rosa Rios, Cody Tenorio 538 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.. 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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. 540 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, RATIFYING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER TO PERFORM FUEL CERTAINTY AND COLD WEATHER OPERATIONS ANALYSIS AND RECOMMENDATIONS FOR THE DENTON ENERGY CENTER; AND PROVIDING AN EFFECTIVE DATE (FILE 7804-001 AWARDED TO BLACK & VEATCH CORPORATION, IN THE NOT-TO-EXCEED AMOUNT OF $135,000.00). WHEREAS, pursuant to Ordinance 21-2687, Purchasing 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 has recommended to the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum referenced herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery, or equipment, or to preserve or protect the public health or safety of the ci , and by reason thereof, the following emergency purchases of materials, equipment, supplies, or services, as described in the Declaration of Emergency Memorandum file in the office of the Purchasing Agent, are hereby approved: FILE NUMBER VENDOR AMOUNT 7804-001 Black and Veatch Corporation $135,000.00 SECTION 2. Because of such emergency, the City Manager, or designated employee, is hereby authorized to purchase the materials, equipment, supplies, or services as described in the Memorandum on file in the office of the Purchasing Agent, and to make payment therefore in the amounts therein stated. Such emergency purchases, being in accordance with the provisions of state law, exempt such purchases by the City from the requirements of competitive bids. 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 their designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. 541 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 542 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-191,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager to execute a contract with Home Depot U.S.A.,Inc.,through the Omnia Partners Cooperative Purchasing Network Contract #16154 and 170009,for procurement fulfillment of Maintenance,Repair, Operating Supplies,Industrial Supplies,and Related Products for the City of Denton;providing for the expenditure of funds therefor;and providing an effective date (File 7931 -awarded to Home Depot U.S.A., Inc., in the not-to-exceed amount of $600,000.00). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™543 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Home Depot U.S.A., Inc., through the Omnia Partners Cooperative Purchasing Network Contract # 16154 and 170009, for procurement fulfillment of Maintenance, Repair, Operating Supplies, Industrial Supplies, and Related Products for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 7931 – awarded to Home Depot U.S.A., Inc., in the not-to-exceed amount of $600,000.00). INFORMATION/BACKGROUND The proposed contract provides expenditure authority for departments to utilize Home Depot for the purchase of various tools and materials. Home Depot offers dedicated industry experts who can work with the City directly on projects through the Omnia Partners Cooperative Purchasing Network contract. Home Depot has guaranteed low prices, offers off-the-shelf product pricing competitive to wholesale, volume discounts, and more. Volume Pricing Program: Lowest possible price on bulk orders for government purchases. This program was specifically created for procurement professionals to assist with large-scale projects. Purchases of $1,500 or more qualify for possible price adjustments. Product List: • Appliances • Bath • Building Materials • Doors and Windows • Electrical • Flooring • Kitchen cabinets & countertops • Lighting and Fans • Outdoors • Paint • Plumbing • Storage and Organization • Tools and Hardware • Installation and Repair Services This is a five (5) year contract. Omnia Partners Cooperative Purchasing Network Contract will expire on December 31, 2026. Staff will follow up with Omnia Partners Cooperative Purchasing Network at that time City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 544 to confirm that the contract will be renewed for an additional time period. If the contract is not renewed, this item will automatically expire, and a new contract will be awarded. These services will be funded through the using department’s budget on an as-needed basis. The spend for the fiscal year 2021 was $100,488. Project Description Estimated 5-Year Expenditure Year 1 $100,000 Year 2 $100,000 Year 3 $100,000 Year 4 $100,000 Year 5 $100,000 Contingency-price increases and increased usage by city departments $100,000 Total $600,000 Pricing obtained through the Omnia Partners 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 September 14, 2021, Council approved the interlocal agreement with Omnia Partners (Ordinance 21- 1842). RECOMMENDATION Award a contract with Home Depot U.S.A., Inc., for procurement fulfillment of Maintenance, Repair, Operating Supplies, Industrial Supplies, and Related Products for the City of Denton, in a not-to-exceed amount of $600,000. PRINCIPAL PLACE OF BUSINESS Home Depot U.S.A., Inc. Atlanta, GA ESTIMATED SCHEDULE OF PROJECT This Omnia contract will expire on December 31, 2026. FISCAL INFORMATION These products and services will be funded through the using department’s budget on an as-needed basis. 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: Ordinance 545 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell, 940-349-7100. Legal point of contact: Marcella Lunn at 940-349-8339. 546 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HOME DEPOT U.S.A., INC., THROUGH THE OMNIA PARTNERS COOPERATIVE PURCHASING NETWORK CONTRACT # 16154 AND 170009, FOR PROCUREMENT FULFILLMENT OF MAINTENANCE, REPAIR, OPERATING SUPPLIES, INDUSTRIAL SUPPLIES, AND RELATED PRODUCTS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7931 AWARDED TO HOME DEPOT U.S.A., INC., IN THE NOT-TO-EXCEED AMOUNT OF $600,000.00). WHEREAS, pursuant to Ordinance 21-1842, Omnia Partners 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 Omnia Partners programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 7931 Home Depot U.S.A., Inc. $600,000.00 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to Omnia Partners 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 Omnia Partners and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the Omnia Partners, the City Manager, or their designated 547 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, and standards contained in the Proposal submitted to Omnia Partners, 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 items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ 548 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: ________________________________ 549 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-192,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,for approval of a pre-qualified professional services list of state certified firms to provide landscape architectural services as needed for projects for the Parks and Recreation Department;and providing an effective date (RFQ 7850 -for two (2)years,with the option for one (1)additional one (1)year extension,in the total three (3)year term). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™550 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, for approval of a pre-qualified professional services list of state certified firms to provide landscape architectural services as needed for projects for the Parks and Recreation Department; and providing an effective date (RFQ 7850 – for two (2) years, with the option for one (1) additional one (1) year extension, in the total three (3) year term). INFORMATION/BACKGROUND The Parks and Recreation Department advertised a request for qualifications (RFQ) relating to specialized professional services in landscape architecture to expedite project delivery and reduce staff time and City resources. The Parks, Recreation, and Trails System Master Plan is nearing adoption. This contract will be vital in future planning for Parks and Recreation and its mission to serve and meet the community's needs. On October 29, 2021, an RFQ was advertised for professional services in the following categories. 1. Site Analyses 2. Site Planning & Design 3. Master Planning 4. Grants This process ensured that all consultants were reviewed fairly based on criteria articulated to each firm in the original RFQ. It also ensures the City can utilize the results of this process regardless of project funding source (i.e., park dedication & development, capital improvement plan, grants, bonds, etc.) Any firm that is pre-qualified under this RFQ is eligible to receive contracts for professional services that would be procured through the standard negotiation and award process, including City Council and Park Board (where applicable). The City intends to create a pre-qualified respondent(s) list and to have the ability to award an unspecified number of contracts for projects over the next three (3) years before re-advertising another RFQ for these services. Request for Qualifications (RFQ) for professional landscape architectural services was sent to 229 prospective firms, including 10 Denton firms, for these services. In addition, the RFQ was placed on the Procurement and Compliance website for prospective respondents to download and advertised in the local newspaper. Seventeen (17) statements of qualifications (SOQ) were received with 16 responsive SOQs. The SOQs were evaluated based on published criteria including the firm overview and desired project types, City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 551 proposed team, key personnel, example projects, the information provided by the firm, and overall fit. All firms scoring 80 or higher were placed on the list. The evaluation team is recommending approval of the list with 16 qualified firms. NIGP Code Used for Solicitation: 906 - (Service Only) - Architectural Services, Professional Notifications sent for Solicitation sent in Ion Wave: 229 Number of Suppliers that viewed Solicitation in Ion Wave: 37 HUB-Historically Underutilized Business Invitations sent out: 25 SBE-Small Business Enterprise Invitations sent out: 69 Responses from Solicitation: 17 Responses Meeting Specifications: 16 RECOMMENDATION Recommend approval of a pre-qualified professional services list of state certified firms to provide landscape architectural services as needed for projects for the Parks and Recreation Department as reviewed and qualified by City staff. ESTIMATED SCHEDULE OF PROJECT This is an initial two (2) year contract with options to extend the contract for one (1) additional one (1) year period, with all terms and conditions remaining the same. FISCAL INFORMATION No funds are requested or required to be spent as part of this approval. Individual contracts will be negotiated with the top-ranked firms and brought forward for Council approval based on procurement thresholds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Sheets Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Chris Escoto, 940-349-8232. Legal point of contact: Marcella Lunn at 940-349-8333. 552 Supplier Score Overview of Architect's Firm Resumes of Key Personnel Proposed for Project Type Example Projects Past Performance Information Provided by the Firm Overall Fit of the Team with The City 100 10 10 25 20 25 10 E. Brooke Associates, LLC 100 10 10 25 20 25 10 Halff Associates, Inc.100 10 10 25 20 25 10 John R McAdams Co.100 10 10 25 20 25 10 Kimley-Horn and Associates, Inc.100 10 10 25 20 25 10 la terra studio 100 10 10 25 20 25 10 MESA Design Group 100 10 10 25 20 25 10 Pacheco Koch Consulting Engineers, Inc.100 10 10 25 20 25 10 Teague Nall and Perkins, Inc.100 10 10 25 20 25 10 Valley Quest Design 100 10 10 25 20 25 10 Parkhill, Smith & Cooper Inc.97 10 10 25 17 25 10 RVi Planning + Landscape Architecture 97 10 10 25 17 25 10 LJA Engineering, Inc.95 10 10 22 19 25 10 TBG Partners 95 10 10 22 19 25 10 WGI, Inc.92 10 10 22 17 23 10 Stantec Consulting Services Inc.89 10 10 20 16 23 10 SWA Group 89 10 10 23 16 20 10 Supplier Score Overview of Architect's Firm Resumes of Key Personnel Proposed for Project Type Example Projects Past Performance Information Provided by the Firm Overall Fit of the Team with The City 100 10 10 25 20 25 10 Halff Associates, Inc.100 10 10 25 20 25 10 John R McAdams Co.100 10 10 25 20 25 10 Kimley-Horn and Associates, Inc.100 10 10 25 20 25 10 la terra studio 100 10 10 25 20 25 10 Teague Nall and Perkins, Inc.100 10 10 25 20 25 10 Valley Quest Design 100 10 10 25 20 25 10 Parkhill, Smith & Cooper Inc.97 10 10 25 17 25 10 LJA Engineering, Inc.95 10 10 22 19 25 10 TBG Partners 95 10 10 22 19 25 10 WGI, Inc.92 10 10 22 17 23 10 Stantec Consulting Services Inc.89 10 10 20 16 23 10 RFQ 7850 - Professional Landscape Architect Services - Site Analysis Exhibit 2 RFQ 7850 - Professional Landscape Architect Services - Site Planning and Design 553 Exhibit 2 Supplier Score Overview of Architect's Firm Resumes of Key Personnel Proposed for Project Type Example Projects Past Performance Information Provided by the Firm Overall Fit of the Team with The City 100 10 10 25 20 25 10 Halff Associates, Inc.100 10 10 25 20 25 10 John R McAdams Co.100 10 10 25 20 25 10 Kimley-Horn and Associates, Inc.100 10 10 25 20 25 10 la terra studio 100 10 10 25 20 25 10 MESA Design Group 100 10 10 25 20 25 10 Pacheco Koch Consulting Engineers, Inc.100 10 10 25 20 25 10 Teague Nall and Perkins, Inc.100 10 10 25 20 25 10 Valley Quest Design 100 10 10 25 20 25 10 Parkhill, Smith & Cooper Inc.97 10 10 25 17 25 10 RVi Planning + Landscape Architecture 97 10 10 25 17 25 10 LJA Engineering, Inc.95 10 10 22 19 25 10 TBG Partners 95 10 10 22 19 25 10 WGI, Inc.92 10 10 22 17 23 10 Stantec Consulting Services Inc.89 10 10 20 16 23 10 SWA Group 89 10 10 23 16 20 10 Supplier Score Overview of Architect's Firm Resumes of Key Personnel Proposed for Project Type Example Projects Past Performance Information Provided by the Firm Overall Fit of the Team with The City 100 10 10 25 20 25 10 E. Brooke Associates, LLC 100 10 10 25 20 25 10 Halff Associates, Inc.100 10 10 25 20 25 10 John R McAdams Co.100 10 10 25 20 25 10 Kimley-Horn and Associates, Inc.100 10 10 25 20 25 10 la terra studio 100 10 10 25 20 25 10 Valley Quest Design 100 10 10 25 20 25 10 RFQ 7850 - Professional Landscape Architect Services - Grants RFQ 7850 - Professional Landscape Architect Services - Master Planning 554 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, FOR APPROVAL OF A PRE-QUALIFIED PROFESSIONAL SERVICES LIST OF STATE CERTIFIED FIRMS TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES AS NEEDED FOR PROJECTS FOR THE PARKS AND RECREATION DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE (RFQ 7850 FOR TWO (2) YEARS, WITH THE OPTION FOR ONE (1) ADDITIONAL ONE (1) YEAR EXTENSION, IN THE TOTAL THREE (3) YEAR TERM). WHEREAS, the City of Denton, Texas (the firms ready to serve as contractors to provide the City with architectural services on a continuing contract basis; and WHEREAS, on October 29, 2021, the City issued a Request for Qualifications No. 7850, Pre-Qualified List for Professional Landscape Architectural Services of a list of State Certified firms to provide landscape services as needed for projects for the Parks and Recreation Department, as detailed in the RFQ; and WHEREAS, in response to the RFQ, which was in accordance with the provisions of Texas Government Code, Chapter 2254, the City evaluated each submission in accordance with selection criteria in order to determine the most qualified firms to provide the services; and WHEREAS, the City staff has prepared a list attached as representing those firms whose qualifications and references demonstrated to be the most advantageous to the City; and WHEREAS, awards to a professional firm on the lis delegation authority, will be brought to the City Council in compliance with all procurement statutes and local ordinances, considering the importance of price and other evaluation factors in the RFQ; and WHEREAS, the City Council finds that the selection of firms for the provision of services, pursuant to the terms, conditions, and specifications contained in the RFQ, should be approved and is in the best interest of the citizens of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council of the City of Denton, Texas, hereby approves the selection of professional contractors, which pre-qualified list is attached hereto as Exhibit A and incorporated by reference herein, for the provision of social services on a continuing contract basis with the City of Denton, and pursuant to the Request for Qualifications No. 7850, Pre-Qualified List for Professional Landscape Architectural Services. SECTION 2. Any formal written agreement as a result of the acceptance, approval, and awarding of the proposals from the RFQ must be done in accordance with the procurement statues and local ordinances; provided that, the City Manager, or their designee, may take any actions that 555 may be required or permitted to be performed within their previously delegated authority. 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 _________________________________. 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: ________________________________ 556 EXHIBIT A Grants Supplier Score E. Brooke Associates, LLC 100 Halff Associates, Inc. 100 John R McAdams Co. 100 Kimley-Horn and Associates, Inc. 100 la terra studio 100 Valley Quest Design 100 Master Planning Supplier Score Halff Associates, Inc. 100 John R McAdams Co. 100 Kimley-Horn and Associates, Inc. 100 la terra studio 100 MESA Design Group 100 Pacheco Koch Consulting Engineers, Inc. 100 Teague Nall and Perkins, Inc. 100 Valley Quest Design 100 Parkhill, Smith & Cooper Inc. 97 RVi Planning + Landscape Architects 97 LJA Engineering, Inc. 95 TBG Partners 95 WGI, Inc. 92 Stantec Consulting Services Inc. 89 SWA Group 89 Site Analysis Supplier Score Halff Associates, Inc. 100 John R McAdams Co. 100 Kimley-Horn and Associates, Inc. 100 la terra studio 100 Teague Nall and Perkins, Inc. 100 Valley Quest Design 100 Parkhill, Smith & Cooper Inc. 97 LJA Engineering, Inc. 95 TBG Partners 95 WGI, Inc. 92 Stantec Consulting Services Inc. 89 Site Planning and Design Supplier Score E. Brooke Associates, LLC 100 Halff Associates, Inc. 100 John R McAdams Co. 100 Kimley-Horn and Associates, Inc. 100 la terra studio 100 MESA Design Group 100 Pacheco Koch Consulting Engineers, Inc. 100 Teague Nall and Perkins, Inc. 100 Valley Quest Design 100 Parkhill, Smith & Cooper Inc. 97 RVi Planning + Landscape Architecture 97 LJA Engineering, Inc. 95 TBG Partners 95 WGI, Inc. 92 Stantec Consulting Services Inc. 89 SWA Group 89 557 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-217,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,a Texas home-rule municipal corporation,authorizing the City Manager to execute a contract with SHI Government Solutions,Inc.,through the Omnia Partners Cooperative Purchasing Network Contract #2018011-02,for the procurement of the NEOGOV Full Suite for the Human Resources Department;providing for the expenditure of funds therefor;and providing an effective date (File 7937 -awarded to SHI Government Solutions,Inc.,for one (1)year,with the option for three (3) additional one (1) year extensions, in the total four (4) year not-to-exceed amount of $711,696.22). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™558 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with SHI Government Solutions, Inc., through the Omnia Partners Cooperative Purchasing Network Contract # 2018011-02, for the procurement of the NEOGOV Full Suite for the Human Resources Department; providing for the expenditure of funds therefor; and providing an effective date (File 7937 – awarded to SHI Government Solutions, Inc., for one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not-to-exceed amount of $711,696.22). INFORMATION/BACKGROUND In 2005, the City obtained NEOGOV Insight, an online applicant tracking system, and utilized the system to post jobs, screen applicants, and hire employees. In 2015, the City purchased the Talent Management system to conduct performance reviews and the Cornerstone system to manage Human Resources (HR) training. In 2019, HR obtained Oracle HCM to replace the existing HR systems. The NEOGOV and Talent Management contracts were canceled, and the Cornerstone contract was extended until October 2020 to allow time for implementation. However, by March 2020, the implementation of the Oracle system was found to be cost-prohibitive. HR moved to cancel the Oracle contract and re-acquired the NEOGOV applicant tracking system (Insight), as well as the new On-Board module and integrations with the existing JDE system. Further, the Learning Management System, which tracks employee training, offers existing training courses, and allows us to create, post, manage, and track courses was also acquired in July 2020. In 2021, Council approved Ordinance 21-026 through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract No. DIR-TSO-3984 for the procurement of the NEOGOV Full Suite. At the time, the DIR contract was not renewed, and we had spent $101,143 of the $883,909 that was approved. Due to the contract through DIR not being renewed for additional years, we are seeking the spend through Omnia Partners. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 559 FY 21-22 FY 22-23 FY 23-24 FY 24-25 Total NEOGOV Full Suite (Base Cost) 160,294 160,294 171,515 183,521 675,623 Contingency (7% Annual Increase) - 11,221 12,006 12,846 36,073 Total: 160,294 171,515 183,521 196,367 $711,696 Pricing obtained through the Omnia Partners 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 September 14, 2021, Council approved the interlocal agreement with Omnia Partners (Ordinance 21- 1842). On January 12, 2021, Council approved the procurement of the NEOGOV Full Suite (Ordinance 21-026). RECOMMENDATION Award a contract with SHI Government Solutions, Inc., for the procurement of the NEOGOV Full Suite for the Human Resources Department, in a one (1) year, with the option for three (3) additional one (1) year extensions, in the total four (4) year not-to-exceed amount of $711,696.22. PRINCIPAL PLACE OF BUSINESS SHI Government Solutions, Inc. Austin, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for three (3) additional one (1) year periods, with all terms and conditions remaining the same. This Omnia contract expires on February 28, 2025. FISCAL INFORMATION These services will be funded from the Human Resources Department Operating Funds. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Quote Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Crystal Babcock, 940-349-7766. Legal point of contact: Marcella Lunn at 940-349-8333. 560   Pricing Proposal Quotation #:  21203703 Created On:  10/29/2021 Valid Until:  1/31/2022   CITY OF DENTON  IAM   John Nelsen 215 E. MCKINNEY ST ATTN: ACCOUNTS PAYABLE DENTON, TX 76201 United States Phone: 9403498291 Fax:  Email:John.Nelsen@cityofdenton.com   Gregory Gonedes SHI Government Solutions 3828 Pecana Trail Austin, TX 78749 Send PO's to: Texas@shi.com 8008706079 5127320232 Phone: 800-870-6079 Fax:512-732-0232 Email:gregory_gonedes@shi.com All Prices are in US Dollar (USD)   Product Qty Retail Your Price Total   1 Core HR     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $22,953.00 $22,953.00   2 Insight     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $19,355.00 $19,355.00   3 Onboard     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $17,932.00 $17,932.00   4 Learn     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022 1 $0.00 $38,709.00 $38,709.00   5 Perform     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $22,953.00 $22,953.00   561 6 eForms     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $19,128.00 $19,128.00   7 Benefits     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $7,651.00 $7,651.00   8 Governmentjobs.com-IN     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $4,053.00 $4,053.00   9 Single Sign On integration     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $1,080.00 $1,080.00   10 New Hire integration     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $1,620.00 $1,620.00   11 Custom Employee integration     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $3,240.00 $3,240.00   12 Position Control integration     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $1,620.00 $1,620.00   13 API     NEOGOV - Part#:     Contract Name: Omnia Partners - IT Solutions     Contract #: 2018011-02     Coverage Term: 10/1/2021 – 9/30/2022     Note: Prices reflect 4.5% discount per contract. 1 $0.00 $0.00 $0.00   Subtotal $160,294.00 Shipping $0.00 Total $160,294.00 Additional Comments 562 Thank you for choosing SHI-GS! The pricing offered on this quote proposal is valid through the expiration date set above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address, Quote Number, and applicable Contract Number when submitting a Purchase Order. SHI Government Solutions, Inc. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3695478; DUNS# 14-724-3096 Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under that applicable line item. 563 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SHI GOVERNMENT SOLUTIONS, INC., THROUGH THE OMNIA PARTNERS COOPERATIVE PURCHASING NETWORK CONTRACT # 2018011-02, FOR THE PROCUREMENT OF THE NEOGOV FULL SUITE FOR THE HUMAN RESOURCES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7937 AWARDED TO SHI GOVERNMENT SOLUTIONS, INC., FOR ONE (1) YEAR, WITH THE OPTION FOR THREE (3) ADDITIONAL ONE (1) YEAR EXTENSIONS, IN THE TOTAL FOUR (4) YEAR NOT-TO- EXCEED AMOUNT OF $711,696.22). WHEREAS, pursuant to Ordinance 21-1842, Omnia Partners 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 Omnia Partners 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. ced herein and on file in office of the Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: FILE NUMBER VENDOR AMOUNT 7937 SHI Government Solutions, Inc. $711,696.22 SECTION 2. By the acceptance and approval of the items set forth in the referenced file number, the City accepts the offer of the persons submitting the bids to Omnia Partners 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 Omnia Partners and the purchase orders issued by the City. SECTION 3. Should the City and persons submitting approved and accepted items set forth in the referenced file number wish to enter into a formal written agreement as a result of the 564 Omnia Partners, 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, and standards contained in the Proposal submitted to Omnia Partners, 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 items set forth in the referenced file number, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approval purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR 565 ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 566 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-218,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 third amendment to a Professional Services Agreement between the City of Denton and Matrix Design Group,Inc.,amending the contract approved by City Council on January 5,2021,in the not-to- exceed amount of $91,920.00;amended by Amendments 1 and 2 approved by Purchasing;said third amendment to provide additional professional services for the Development Services Department;providing for the expenditure of funds therefor;and providing an effective date (File 7416 -providing for an additional third amendment expenditure amount not-to-exceed $29,737.00,with the total contract amount not-to-exceed $144,637.00). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™567 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Matrix Design Group, Inc., amending the contract approved by City Council on January 5, 2021, in the not-to-exceed amount of $91,920.00; amended by Amendments 1 and 2 approved by Purchasing; said third amendment to provide additional professional services for the Development Services Department; providing for the expenditure of funds therefor; and providing an effective date (File 7416 – providing for an additional third amendment expenditure amount not-to-exceed $29,737.00, with the total contract amount not-to-exceed $144,637.00). INFORMATION/BACKGROUND The purpose of the Denton 2040 Comprehensive Plan Update is to ensure that it appropriately reflects current and anticipated conditions as the city continues to evolve, grow, and encourage reinvestment. The plan update addresses new challenges and opportunities, including the shifting in demographics; changing lifestyle and housing preferences; incorporating both the City’s Mobility Plan and Parks, Recreation, and Trails Master Plan updates; continuing to strengthen the City’s economy; protecting our environmental resources, and enhancing the quality of life of its citizens. It is important to note that the Denton 2040 Comprehensive Plan is a strategic update – not a complete rewrite of the plan. In addition, the draft plan content reflects all the past directions that staff and the consultant team have received from the community and various stakeholders, including the Commission and City Council. The Denton 2040 Comprehensive Plan Update is in Phase 5 - Commission Council Updates of the project. As part of this phase, a public draft of the Denton 2040 Comprehensive Plan was posted on the project dedicated website for interested parties to review the draft plan prior to the Planning and Zoning Commission and City Council’s consideration. On December 14, 2021, prior to the completion of the public draft, staff presented to the City Council the key components of a comprehensive plan and provided a status on the update to the Comprehensive Plan. During the presentation, Council asked that more time be allocated to review the draft update. Per the direction of Council, staff amended their proposed schedule and asked to include three additional work sessions – including a joint work session with the Planning and Zoning Commission. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 568 The subject item is in response to the additional work sessions. Matrix Design Group, Inc. will be attending in person and will be presenting at the work sessions. The contract amendment includes their time preparing for the work sessions, attending the work sessions, and addressing comments from the work sessions. It also includes their time incorporating any comments and changes from the work sessions into the final Comprehensive Plan document. The following are details on the three additional work sessions. Meeting Date City Council Work Session February 8, 2022 (Tuesday) (4 hours) 10 to 2 pm with lunch P&Z Work Session February 9, 2022 (Wednesday) (4 hours) 10 to 2 pm with lunch City Council/P&Z Joint Work Session (if necessary) If all outstanding comments are addressed, the joint meeting will be canceled. February 14, 2022 (Monday) (4 hours) 10 to 2 pm with lunch On September 10, 2021, Purchasing executed Amendment 1 in the amount of $10,680 to update the Scope of Work originally listed in the contract. On January 13, 2022, Purchasing executed Amendment 2 to change the Scope of Work to include an in- person work session and public hearing to the contract, in the amount of $12,300. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On January 5, 2021, City Council approved a contract with Matrix Design Group, Inc., in the not-to-exceed amount of $91,920 (Ordinance 20-2578). RECOMMENDATION Award Amendment No. 3 with Matrix Design Group, Inc., for additional professional services for the Development Services Department, in a not-to-exceed amount of $29,737, for a total amended contract amount of $144,637. PRINCIPAL PLACE OF BUSINESS Matrix Design Group, Inc. Colorado Springs, CO ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by March 1, 2022. FISCAL INFORMATION These services will be funded from Development Services Operating Funds. 569 EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Amendment 1 Exhibit 4: Amendment 2 Exhibit 5: Ordinance and Amendment 3 Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ron Menguita, 940-349-8328. Legal point of contact: Marcella Lunn at 940-349-8333. 570 ORDINANCE NO.20-2578 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICRAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT WITH MATRIX DESIGN GROUP, INC., TO PROVEDE PROFESSIONAL SERVICES FOR THE PREPARATION OF A COMPREHENSIVE PLAN EVALUATION REPORT AND TO UPDATE THE COMPREHENSIVE PLAN FOR THE DEVELOPMENT SERVICES DEPARTMENT; PROVIDUqG FOR THE EXPENDrrURE OF FUNDS THEREFOR: AND PROVDING AN EFFECTrVE DATE (RFP 7416 – AWARDED TO MATRIX DESIGN GROUP, NC., Hq THE NOT-TO-EXCEED AMOUNT OF $91,920.00). WHEREAS, the City has solicited, received, and evaluated competitive proposals for professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Comprehensive Plan for the Development Services Department; and WHEREAS, the City Manager, or a designated employee, has received, reviewed, and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; 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 ORDARqS: 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 considering the relative importance of price and the other evaluation factors included in the request for proposals. RFP NUMBER :TOrT a 7416 Matrix Design Group, Inc.$91 ,920.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase 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 person submitting approved and accepted items and 571 of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or his designated representative, is hereby authorized to execute the written contract; provided that the written contract is 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 his designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. S e C O n d =1ty y= 111! 11 T+P r SeT ! i: : Jr: i : IJ;=following vote [-L - a : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Birdia Johnson, District 1 : Connie Baker, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Annintor, At Large Place 5 : Paul Meltzer, At Large Place 6: ../a ,/ Z ,/ PASSED AND APPROVED this the 6 Th day of qbAUcbrl _, 2021. dETiibIRT6mrMRT–oR 572 ATTEST:It\Ill BIll/4 ROSA RIOS, CITY SECRETARY zA:, . _kAI,.Jb APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Digitally signed by Marcella Lunn DN: dc=com, dc=cityofdenton, BY, \X#Akc©I email=Marcella.Lunn@cityofdenton.com Date: 2020.12.28 16:30:41 <>6'00' , dc=codad, ou=Department Users and \IL Jay\i S£uL::;;,HJ;,r:IF,'::::IT"nt 573 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 RFP UPDATE TO COMPREHENSIVE PLAN Yes Cori Power 7416 N/A January 5, 2021 20-2578 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 1 of 18 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FILE 7416 STATE OF TEXAS § COUNTY OF DENTON § THIS AGREEMENT (the “Agreement”) is made and entered into on ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called “OWNER” and Matrix Design Group, Inc., with its corporate office at 2435 Research Parkway, Suite 300 Colorado Springs, CO 80920, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, an Update to the Comprehensive Plan, as described in Exhibit A, which is on file at the purchasing office and incorporated herein (the “Project”). ARTICLE II SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER’s RFP 7416 – Update to Comprehensive Plan, which is on file at the purchasing office and made a part hereof as Exhibit A as if written word for word herein. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 01/05/2021 575 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 2 of 18 B. To perform all those services set forth in CONSULTANT’s proposal, which proposal is attached hereto and made a part hereof as Exhibit B as if written word for word herein. C. CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit B, which shall be attached to this Agreement and made a part hereof. D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, may be negotiated as needed, per rates included in Exhibit B. A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. E. Visits to the site in excess of the number of trips included in Exhibit B. F. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 576 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 3 of 18 ARTICLE IV TIME OF COMPLETION CONSULTANT is authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt and continuous manner, so as to not delay the completion of the Project in accordance with the schedules as described in Exhibit B. The contract shall remain effective for a period which may reasonably be required for the completion of the Project, acceptance by an authorized representative of the OWNER, exhaustion of authorized funds, or termination as provided in this Agreement, whichever occurs first. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. “Subcontract Expense” is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services related to this agreement. 2. “Direct Non-Labor Expense” is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit B which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $91,920. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III “Additional Services,” without obtaining prior written authorization from the OWNER. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 577 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 4 of 18 C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit B. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within thirty (30) days after receipt of the CONSULTANT’s undisputed statement thereof, the amounts due the CONSULTANT will be paid interest in accordance with the Texas Government Code 2251.025. Additionally, the CONSULTANT may, after giving seven (7) days’ written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, “Compensation,” there is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice. E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 578 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 5 of 18 ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO, AND 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 IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit C which is attached hereto and made a part of this Agreement as if written word for word herein. ARTICLE X ALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation with each party bearing its own costs of mediation. No mediation arising out of or relating to this Agreement, involving one party’s disagreement may include the other party to the disagreement without the other’s approval. Mediation will not be a condition precedent to suit. ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days’ advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than fifteen (15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 579 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 6 of 18 C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V “Compensation.” Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIII 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: To CONSULTANT: To OWNER: Matrix Design Group, Inc. City of Denton Felipe A. Zubia, AICP Purchasing Manager –File 7416 255 Oak Street 901B Texas Street Hooks, TX 75561 Denton, Texas 76209 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days’ mailing. ARTICLE XIV ENTIRE AGREEMENT This Agreement and related exhibits constitute the complete and final expression of this 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. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 580 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 7 of 18 ARTICLE XV 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. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. ARTICLE XVIII PERSONNEL A. The CONSULTANT 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 OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the CONSULTANT. Therefore, the CONSULTANT 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 OWNER. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 581 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 8 of 18 ARTICLE XX 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 further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A – RFP 7416 – Update to Comprehensive Plan for the City of Denton (on file at the purchasing office) Exhibit B – Consultant’s Scope of Services Offer, Project Schedule, and Fee Proposal Exhibit C – Consultant’s Insurance Requirements Exhibit D – Conflict of Interest Questionnaire What is called for by one exhibit shall be as binding as if called for by all. In the event of an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the inconsistency or conflict shall be resolved by giving precedence first to this Agreement then to the exhibits in the order in which they are listed above. B. This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas-Sherman Division. C. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Felipe Zubia. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein. D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. E. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 582 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 9 of 18 relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. F. 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. G. The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. ARTICLE XXII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER’S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE XXIV Prohibition on Contracts with Companies Boycotting Israel Supplier 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 DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 583 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 10 of 18 have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (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. ARTICLE XXV 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, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, 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. ARTICLE XXVI 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 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_form1295.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 OWNER 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. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 584 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 11 of 18 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this date______________________. CITY OF DENTON, TEXAS “OWNER” __________________________________ TODD HILEMAN, CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ MATRIX DESIGN GROUP, INC., A COLORADO CORPORATION “CONSULTANT” __________________________________ BY: CELESTE WERNER ITS: PROJECT DIRECTOR __________________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: ____________________________ DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 2020-698417 Development Services Director Scott McDonald 01/05/2021 585 DENTON Prepared for the DENTONComprehensive Plan Update to the City Update to the City ofof Statement of Qualifications: RFQ #7416 October 2, 2020 Comprehensive Plan Update to the City Update to the City ofof Exhibit BDocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 586 DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 587 Matrix Design Group, Inc. 255 Oak Street Hooks, TX 75561 O 870.490.2747 matrixdesigngroup.com Anniston, AL | Atlanta, GA | Colorado Springs, CO | Denver, CO | Niceville, FL | Parsons, KS | Phoenix, AZ Sacramento, CA | Tamuning, GUAM | Texarkana, TX | Washington, DC October 2, 2020 City of Denton Attn: Ms. Cori Power 901-B Texas Street Denton, TX 76209 RE: Proposal for an Update to the Comprehensive Plan for the City of Denton, RFP No. 7416 Dear Ms. Power: Matrix Design Group, Inc. (Matrix) is pleased to submit our proposal for the City of Denton Update to the Comprehensive Plan. Our experience working with fast-growth communities will be helpful as the City evaluates recent growth impacts and considers policies and implementation strategies to mitigate the effects of growth over the next 5 years. Celeste Werner, FAICP, Executive Vice President, will function as the Project Director and Felipe Zubia, AICP, will serve as the Project Manager. Felipe has over 25 years of experience spanning roles in both the public and private sector. Through this experience he has been recognized as a proactive project manager who as the ability to strategically assess the unique needs of each project. Matrix has been providing planning services for communities like Denton for over 20 years. During this time, we have developed best practice approaches that we believe will serve this project well. A few best practice experiences we believe will be applicable to Denton include: ◼ Community Assessment Experience – As a fast-growth community, Denton is beginning to feel some strain on City infrastructure and services. Whether the pressure is on government or proprietary functions, Matrix’s expertise identifying and addressing overburdened infrastructure and services will help position the City for future success. ◼ Innovation and State-of-the-Art Methods and Solutions – Each community planning process is an opportunity for our clients to its service delivery and identify new and innovative ways to reach its residents. Our Growth and Development Indicators allow the community to objectively evaluate the City’s current vision and identify new and innovative solutions to improve the implementation of the Denton 2030 Plan. ◼ Budget and Schedule Performance –With the limited budget for this project, it is important that the initial assessment is precise and targeted to understand and address the issues that will have the most impact for the community. We have worked with similarly constrained budgets and have delivered award winning projects on-budget and on-schedule. ◼ Public and Stakeholder Engagement – With a diverse engaged population like Denton, it is important to proactively reach all stakeholders and build trust and value in the process through a combination of high-touch and high-tech strategies. This has become even more important in our time of COVID-19. Matrix is consistently recognized as a leader in community engagement. As recently as this year, we have received recognition from the International Association of Public Participation (iap2) for public engagement. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 588 ii In summary, we offer Denton a process that is engaging, creative, thought-provoking, and instructive. Our projects around the country have received recognition for their recommendations and solutions in land use planning, urban design, public involvement, parks and open space planning, civil engineering, infrastructure design, and GIS mapping. This recognition is not taken lightly and something that we continually challenge ourselves to improve for our next client. We hereby state that this proposal shall be valid for a 120-day period from the date of submission. You can reach us at the address and phone number above, or by e-mail at matrix@matrixdesigngroup.com. Sincerely, Matrix Design Group, Inc. Celeste Werner, FAICP Felipe A. Zubia, AICP Project Director Project Manager DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 589 PROPOSAL About Matrix DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 590 A Proposal: City of Denton Comprehensive Plan Update 1 About Matrix Matrix improves, adapts, and creates organizations, environments, and tools for human development. We are a community of planners, designers, economists, engineers, and scientists who engage people in creative problem solving and collective action. We believe that the environment around us has a profound impact on our lives, and this belief shapes the principles that guide our work. In our 20-year history, our staff of 175 have worked with hundreds of communities across the country on various community planning projects. This experience has provided us with valuable lessons learned and a wealth of best practices relative to the best ways to assess and leverage each community’s unique attributes and how best to engage the community for buy-in and support. Matrix has extensive experience working with fast growth, diverse communities like Denton. Working with these communities is where Matrix sets itself apart, by understanding that we are an extension of client staff, working with all stakeholders to develop a plan with the community that meets the established vision and retains the communities’ values. This approach is not only well-received by our clients, it is recognized nationally through our award-winning approach to land use planning, design, and community engagement. Below are communities that have recently been recognized for projects led by Matrix. Table 1. Award Winning Projects Year Project Name Organization Award 2020 Flagstaff, AZ Southside Specific Plan International Association of Public Participation Respect for Diversity, Inclusion and Culture Award Tolleson, AZ Streetscape Plan APA Arizona Best Revitalization Redevelopment Project Luke AFB Growth Management Plan APA Arizona Best Regional Plan Fort Drum Joint Land Use Study APA Federal Planning Division Outstanding Collaborative Planning 2019 Buckeye General Plan Update APA Arizona Best General Plan 2018 Estes Valley Community Center Colorado Parks and Recreation Association Columbine Award for Design High Line Canal Vision Plan APA Colorado National Gold Achievement Award for Public Outreach Dyess AFB Joint Land Use Study APA Federal Planning Division Merit Award - Outstanding Collaborative Planning Project Get Outdoors Pueblo APA Colorado Colorado Merit Award for Outreach DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 591 2 About Matrix What Sets Us Apart Matrix offers unparalleled experience among our competitors in developing cutting edge community plans and regulations to support plan implementation. Many of our staff members have experience working on both plans and codes. This “cross-training” enables and allows us to not only provide you an effective plan and policy direction, but to also build in recommendations regarding future code updates that will assist you in implementing your plan. Our Economist and Land Planners Work Together to Forecast A Realistic Vision. Matrix has extensive experience developing comprehensive plans in high growth areas and determining realistic growth rates that will impact the planning area. We Create Substantive Plans That Are Accessible to a Broad Audience. Matrix has a reputation for preparing plans and outreach materials that are accessible to all members of the community while still being very strong on substance to ensure they meet the needs of the administrators and decision-makers. We accomplish this by creating a clear organizational structure, using concise policy language, and using illustrative graphics and images to convey key concepts. We Are Well-Versed in Comprehensive Plan Best Practices. Matrix has extensive experience in comprehensive planning across the United States. Many of our recent plans have focused on the integration of sustainability and resilience principles in high growth communities and we are well-versed in aligning existing plans, policies, and initiatives with the Comprehensive Plan to help advance community priorities in these areas. We Have Demonstrated Experience in Consensus Building. We are very proud of our track record of managing projects to a successful completion. Perhaps the most important indicator of success is our record of plan adoption. Of the more than 100 plans we have prepared, nearly all of them have been adopted unanimously by both planning commissions and elected officials, with little to no controversy. We achieve this by working the update of Denton’s Comprehensive Plan Update closely with both internal and external stakeholders throughout the process to ensure that they are aware of the issues that the community is facing; understand how their role in the planning process will help address them; and that they have a role in identifying the policies and strategies contained in the plan. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 592 A Proposal: City of Denton Comprehensive Plan Update 3 We Know U.S. and Texas Law. Matrix team members include some of the country’s most experienced land-use practitioners. Team members bring detailed knowledge of U.S. constitutional and federal land use law, including how to avoid takings claims, deal with First Amendment issues (signs, adult uses), and ensure that standards meet due process requirements. Specifically, our team’s extensive comprehensive plan experience throughout Texas brings to your project the understanding of the importance of property rights, the market that is driving growth by the major land developers, and balancing the thriving economic market needs within your area. Community Engagement Experts A key aspect of our team is our firm belief in the public participation process and the vital role it serves for the successful development and implementation of a successful land use study or plan. Such studies and plans must identify and embrace each community’s vision, principles, and ideals for the future. The success of this project will depend not only on an insightful review of the existing Comprehensive Plan, but extensive outreach to, and input from, a broad cross-section of residents, businesses, community organizations, and other stakeholders in order to determine where the plan has succeeded and where it can be improved. Our team recognizes the importance of a multi-level outreach program that successfully engages the broad demographic spectrum of residents and businesses. This includes techniques to reach out to and engage typically under-represented populations. We have a proven track record in engaging these populations, including busy families, seniors, youth, and other hard-to-reach populations. We do this by forming strategic partnerships with community organizations, focusing on multiple channels of cost-effective outreach and applying electronic and social media. Our approach to community outreach is organized to achieve the following three objectives: 1. An inclusive process – engage as many members of the community as possible. 2. An instructive program – educate citizens and decision-makers on the process, issues, options and potential solutions. 3. A validating experience – ensure citizens and decision-makers are heard and that they see their voices making a difference in development of the plan. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 593 4 About Matrix Page intentionally left blank DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 594 PROPOSAL Personnel DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 595 A Proposal: City of Denton Comprehensive Plan Update 5 The Matrix Team Matrix has assembled an extraordinary well-qualified Team focused on providing a quality project for the City of Denton. Led by our Project Manager, Felipe Zubia, our Team is committed to delivering your comprehensive plan update on time and exceeding your highest standard of quality and delivering the project within budget. A key aspect of Matrix’s approach to professional services is the integration of multiple complementary disciplines in an active, creative, and collaborative process. Our project Team of community planners, economic development professionals, landscape architects, transportation and infrastructure engineers, and other experts offer the following range of services to the City of Denton: ◼ Community planning ◼ Community engagement and facilitation ◼ Economic development analysis ◼ Development codes and zoning ◼ Transportation planning and design ◼ Water resources planning and design ◼ Infrastructure planning and design ◼ Community and asset redevelopment ◼ Landscape architecture ◼ Urban design and downtown redevelopment ◼ Geographic information services ◼ Project cost & financial modeling ◼ Multimodal transportation planning ◼ Environmental planning and compliance ◼ Traffic engineering and operations analysis ◼ Statutory compliance Matrix has been engaged in developing and implementing state-of-the-art planning techniques. Whether utilizing the latest GIS/Scenario Planning technology, social media, or community engagement software, we understand that these components are only as good as their creative use and application through collaboration with our clients. Our recent experience includes: ◼ ESRI ArcGIS/Suitability Analysis ◼ 3D Visualization ◼ Transportation modeling ◼ Buildout modeling through scenario planning ◼ ESRI ArcGIS urban downtown modeling ◼ ESRI ArcGIS StoryMap interactive engagement ◼ Multimodal transportation policy and design, including Complete Streets ◼ All aspects of social media interaction and web- based public engagement Personnel Our Team of professionals will help you transform your ideas into reality. Our advantage? Felipe Zubia, AICP, Project Manager, has developed and managed over 40+ comprehensive planning projects, has intimate knowledge and understanding of the issues and opportunities facing Denton today, versed in Texas planning law, is committed to bringing to your project cutting edge solutions that will make Denton a model for the state and nationally and has just completed two major comprehensive plans allowing him to commit the time necessary to work on your plan. The Matrix Team, led by Felipe, offers the City an extremely qualified Team of professionals with comprehensive capabilities that can quickly mobilize to develop your Comprehensive Plan update. Our Team brings to your project extensive Texas experience and best practices from our national award-winning projects. bringing best practices that Our Project Management Team is comprised of, Celeste Werner, FAICP who will provide oversight as the Project Director. Felipe Zubia, AICP, who will be your day-to-day Project Manager, and Matt Schwalb as Deputy Project Manager. We use a dual project management approach where both Felipe and Matt will always be up-to-speed on all aspects of the project, optimizing the City’s ability to work with Matrix when convenient DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 596 6 Personnel if one is not available for situations like vacation. The project Team also comprises accomplished technical leads for each subject and experienced technical support, coupled with an in-house Team of graphic designers, GIS specialists, 3D modeling and other support specialties ready to provide services as needed. The Matrix Team organization chart illustrates our subject matter experts and task leads along with details of the roles for each professional Team members. Detailed resumes for each person begin on the subsequent pages. Organization Chart DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 597 A Proposal: City of Denton Comprehensive Plan Update 7 Celeste Werner, FAICP Project Director, Community Outreach Task Lead Celeste is an industry leader with more than 34 years of experience delivering cutting-edge solutions that meet client objectives and make community visions real. She has served in both the public and private sectors and cultivated in-depth knowledge and technical expertise in land use and growth management planning, comprehensive and master planning, redevelopment/renewal and urban design, zoning, and compatibility planning. Celeste is a proven project and program manager and has successfully executed projects for municipal, state, federal, and military clients throughout Texas, the United States, and its territories. Celeste is also a nationally recognized public facilitator who focuses on conflict resolution, collaboration, and consensus building as key to the successful adoption and implementation of planning strategies and solutions. She has directed multiple projects that have been awarded Outstanding Collaborative Project by the American Planning Association’s Federal Planning Division and was presented with the Ancient Order of the Chamorri Award by Guam Governor Felix Camacho in 2010, it is the highest civilian honor that can be bestowed on a non- native resident of Guam. Celeste has extensive experience in Texas, including general, comprehensive, and downtown planning for urban, suburban, and rural communities. She brings a diverse skill set, expertise, and proven ability to develop innovative ideas and solutions appropriate for the region and community-specific challenges. Relevant Experience San Antonio North Sector Plan | Texas Celeste was the project manager for this plan, which was the lead planning process for six other sector plans in the City of San Antonio. The North Sector Plan guided compatible land use in the northern portion of the City and its area of extraterritorial jurisdiction. The North Sector Plan presented recommended strategies to guide transportation, housing, economic development, parks and open spaces, community facilities, land use and urban design, and military compatibility. An action plan was developed which identified proposed partnerships to ensure that the goals of residents, workers and stakeholders established through an extensive community involvement program are achieved. Kingsville Compatibility Plan and Implementation | Kingsville, Texas Kingsville is primarily an agricultural area; however, there were potential compatibility challenges associated with surrounding future development and the local military base. These included determining growth pressures, potential shortages of housing within the surrounding communities upon the expansion of the base’s mission, and evaluating the impacts associated with alternative energy proposals (wind farms). Celeste assisted as Project Manager and developed recommendations to update local regulations for the surrounding jurisdictions. The implementation program involved enacting the recommendation made in the compatibility plan, updating planning documents and introducing regulations to ensure the community and military work together to ensure continued compatibility. Areas of Expertise Comprehensive Planning Community Planning Visioning Facilitation and Public Involvement Master Planning Economic Development Governance/Policy Planning Education B.S. - Urban Planning, Arizona State University B.S. - Landscape Architecture, Arizona State University Professional Registrations / Affiliations Association of Defense Communities, Board Member American Institute of Certified Planners College of Fellows American Planning Association Society of American Military Engineers International Association for Public Participation DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 598 8 Personnel Celeste Werner, AICP San Antonio Regional Compatibility Plan and Implementation | San Antonio, Texas Celeste was the Project Manager for the San Antonio Regional Compatibility Plan and Implementation. Three plans had identified recommendations for compatibility among the community and a number of military bases in the area. Matrix developed the framework for which a regional entity could carry out recommendations. Extensive coordination with the public and other affected stakeholders within San Antonio and Bexar County ensured the highest level of communication and coordination throughout the process. As part of the project, extensive communication challenges were analyzed, alternatives for regional frameworks were developed, a regional implementation strategy was completed, and a framework through which the goals of the plan could be measured and evaluated was developed. Bastrop County Compatibility Plan | Bastrop County, Texas Celeste acted as Deputy Project Manager for this project, which focused on Bastrop County’s significant residential growth that was likely to encroach on military operations. From 2000 to 2010, Bastrop County had a 27.3% increase in population, including a 9,000-acre subdivision with 7,000 single-family residences that had been approved for construction at a site close to the southeast corner of Camp Swift. Conservation and endangered/threatened species consideration was also a factor, as regional growth to the north and south might have pushed the endangered Houston Toad onto the installation. Abilene Compatibility Study | Abilene, Texas Celeste was the Project Manager for the City of Abilene Compatibility Study. The major issues addressed in this award-winning study included assessment of potential alternative energy development impacts to the community and the adjacent Air Force Base, urban development constraints, communication and coordination among communities and the military, and limited regulations and policies in place to manage alternative energy project developments. Joint Base San Antonio-Lackland Annex Light Assessment | Bexar County, Texas Located in the Bexar County, JBSA-Lackland’s primary role is as a Training Wing (TRW). The installation provides basic military training (BMT) as well as technical training to prepare airmen for their initial roles in the Air Force. Municipal growth has created light management issues that affect the Military Working Dog Campus as well as the Training Annex where the Basic Expeditionary Airman Skills Training (BEAST) and the Lackland Small Arms Firing Range are located. Without careful study and planning, continued growth in these areas will only worsen an already challenging situation. Celeste’s focus of this effort is the development of a comprehensive Ambient Light Pollution Assessment Report that assessed night training sensitivity areas and activities, measuring existing ambient lighting in order to create a baseline for future evaluations, and proposing changes to local jurisdiction lighting requirements to reduce impacts on training and protect public safety. Bixby Comprehensive Plan Update | Bixby, Oklahoma Celeste was the Project Manager for this project that involved assessment and updates to transportation, infrastructure (including technology infrastructure), environmental, and parks and open space plans, as well as economic development strategies and supporting land use plans. The Bixby project also involved substantial public engagement in a growing community at the outskirts of the Tulsa Metropolitan Area. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 599 A Proposal: City of Denton Comprehensive Plan Update 9 Felipe Zubia, AICP Project Manager, Community Outreach Felipe has more than 25 years of experience in planning. He has worked in both the public and private sectors addressing a range of community planning and land development issues. Felipe is an active member of the American Planning Association, at both the national and state level, and certified by the American Institute of Certified Planners. He regularly shares his knowledge through public presentations on a range of topics, including land use planning, public policy, economic development, and transportation. Relevant Experience Southside Community Specific Plan | Flagstaff, Arizona The Flagstaff Southside is an historic, culturally diverse neighborhood in central Flagstaff that is experiencing development pressure as Northern Arizona University continues to expand, encroaching into nearby areas and impacting the affordable housing market. As Project Manager, Felipe led the assessment of the local housing market and developed a community-specific outreach plan to better understand the difficult challenges the Southside and other neighborhoods have faced throughout Flagstaff’s history, current views of those trends and events, existing relationships with local government, and residents’ goals moving forward. This project was recently recognized by the International Association of Public Participation (iap2), receiving the 2020 International Award for public engagement. Marana General Plan Update | Town of Marana, Arizona Felipe was the Project Manager for this project, which had extensive public outreach to help stakeholders work through several issues unique to the Town of Marana. Such issues included the evaluation of Arizona State Land for developability and preservation, assessment of impacts related to the newly proposed Interstate 11 Corridor, development of multimodal, active transportation routes and the development of strategies to guide future growth in sensitive areas. Newport Comprehensive Plan Update | City of Newport, Rhode Island Felipe was a lead planner for the Newport Comprehensive Plan Update that addressed potential sea level rise, economic diversification, population decline, demographic change, community preservation, infrastructure decay, and public education. There was a significant public outreach component to the update process that helped ensure community buy-in to changes in community plans and goals. Bixby Comprehensive Plan Update | City of Bixby, Oklahoma Felipe was the lead planner for this project, which involved transportation, infrastructure (including technology infrastructure), environmental considerations, parks and open space, economic development, and public engagement. Buckeye General Plan Update | City of Buckeye, Arizona Felipe was a lead planner for this unique planning project for the City of Buckeye. Felipe assisted with the community engagement, which was crucial for achieving buy-in from the public regarding changes and updates to the existing plan and entitled areas. Areas of Expertise Long Range Planning Meeting Facilitation Scenario Planning Transportation Planning Zoning Ordinance Updates Sustainable Planning Policy Public Policy Education B.S. - Regional Development, University of Arizona Professional Registrations / Affiliations American Institute of Certified Planners (AICP) No. 015884 Arizona Chapter of American Planning Association Arizona Planning Association American Planning Association DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 600 10 Personnel Felipe Zubia, AICP Land Use and Transportation Plan | Jonesboro, Arkansas Principal-in-charge overseeing GIS mapping and scenario planning efforts for the East Arkansas Planning and Development District (EAPDD) HUD Regional Sustainability Planning Grant. EAPDD is a 12-county rural region in eastern Arkansas adjacent to the Mississippi River. Responsible for the project oversight on all aspects of land use and transportation planning, including but not limited to land use, complete streets and healthy communities. Arizona Capitol Governmental Mall Plan | AZ Department of Administration The Arizona Capitol Mall Master Plan is a redevelopment plan to proactively vision, design and implement both direct public and private investment. As Project Manager, Felipe led the team in developing a comprehensive plan includes that addresses land use, zoning density and intensity, urban design, infrastructure analysis, multimodal transportation planning, historic preservation, environmental planning, demographic and economic analysis, as well as legislative, business and market area analysis. Specific Area Plan and Zoning Overlay | Town of Queen Creek, Arizona Queen Creek's zoning ordinance dated to the town’s incorporation and it needed a comprehensive review and modernization. Felipe led the project which was intended to meet several objectives, including integration with and cross-references to the town’s code, subdivision ordinance, residential architectural design standards, engineering design standards, and other land use-related ordinances. The Area Plan and Zoning Overlay reflected changes in state legislation, including Proposition 207, and established new zoning maps to support the new and updated ordinances. Transportation Needs Assessment | El Mirage, Arizona Comprehensive, citywide transportation needs assessment of its residents to develop and analyze existing service levels and coverage. Analysis focused on, current modes of transportation and extent to which each mode is used to access employment, education, health care, recreation, etc.; travel characteristics - age, gender, employment status, mobility accommodations, etc. Globe General Plan Update | City of Globe, Arizona Felipe was principal-in-charge for this award-winning general plan update that included character area planning, goals and strategies, implementation recommendations, and GIS mapping. Glendale General Plan | City of Glendale, Arizona Felipe’s role supporting the project manager in the development of this comprehensive update included land, transportation, and infrastructure planning; environmental resources; economic development; and fiscal assessments. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 601 A Proposal: City of Denton Comprehensive Plan Update 11 Matt Schwalb, MA, MSA Deputy Project Manager Economic & Demographic Analysis Task Lead Matt has nine years of professional experience in conducting economic and fiscal impact assessments, real estate pro forma development, focus group facilitation, and survey design, implementation, and analysis. Throughout his professional career, Matt has conducted a wide variety of economic impact assessments ranging from evaluating the impacts of a state’s military footprint to examining the employment, value added, and fiscal impacts associated with the sports tourism industry. His extensive experience with impact assessments gives him a detailed understanding of federal and state-level financial, economic, and demographic data sources. Relevant Experience Luke AFB Growth Management Plan | Glendale, Arizona Matt is providing the Maricopa Association of Governments (MAG) with an assessment of economic and workforce development opportunities available to the communities surrounding Luke AFB. This includes an economic impact analysis of military spending in the area and how that spending is expected to grow with the incoming F-35A mission. Additionally, he is overseeing an analysis of the supply of defense- related talent. Finally, Matt is developing military spending quotients at the zip code level to assist MAG to understand how the region compares with the nation in regard to defense contracts. The outcome of this assessment will be a series of economic and workforce development recommendations that will help the region absorb the expected population increase when implemented. Downtown Master Plan | Fort Walton Beach, Florida As lead economic analyst for the Fort Walton Beach Downtown Redevelopment Master Plan, Matt analyzed market demand for food and beverage, retail, and office product with an emphasis on retail and entertainment options due to the project’s location. To better understand the city’s redevelopment opportunities, Matt calculated the region’s retail pull factor (the degree to which Fort Walton Beach attracts food and beverage and other retail consumption from the surrounding region) and used these patterns to develop supportable retail and entertainment demand (square footages) for the downtown redevelopment area. Using these demand estimates, Matt developed a financial model (pro forma) that estimated the annual financial returns to private-sector developers interested in investing in the city’s redevelopment efforts. A series of redevelopment strategies was provided with all analyses. PuebloPlex Redevelopment Plan | Pueblo, Colorado Utilizing IMPLAN modeling matrices, Matt estimated the annual economic impacts the closure of the Pueblo Chemical Depot and the Pueblo Chemical Agent Destruction Pilot Plant would have on jobs and Gross Regional Product. Additionally, he estimated the impacts of the region’s redevelopment efforts over a 30-year development horizon. Areas of Expertise Economic and Fiscal Impact Assessment Economic Development Financial Modeling Focus Group Facilitation Survey Research Data Analytics Client Management Education M.S.A. – Public Administration, University of West Florida M.A. – Political Science, University of West Florida B.A. – International Relations, University of West Florida Professional Registrations / Affiliations National Association of Business Economists (NABE) Center for Regional Economic Competitiveness (CREC) DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 602 12 Personnel Matt Schwalb, MA, MSA Michigan Protect and Grow Initiative | Statewide In his role with the Michigan Protect and Grow Initiative, Matt provided annual economic impact estimates associated with Department of Defense (DoD) spending throughout the State of Michigan. These estimates include the total economic impacts (direct, indirect, and induced) associated with DoD and Department of Homeland Security (DHS) funding streams throughout the state, military personnel, veteran and military retiree pension payments, and defense contracts. For each of these annual updates, Matt utilized the REMI PI+ econometric model to simulate each spending flow at the county level. Florida Defense Industry Economic Impact Analysis | Florida Matt led the 2017 update to the Florida Defense Industry Economic Impact Analysis. This study utilized the REMI PI+ econometric model to estimate and forecast the economic impacts of Florida’s Defense Industry. Accompanying this study was the development of the 2017 Florida Defense Factbook, which provided stakeholders across the state with a graphically intense pamphlet presenting study findings at the state, regional, and county levels. Deer Moss Creek Mixed-Use Development | Niceville, Florida Matt provided market analysis and financial modeling for the 1,100-acre Deer Moss Creek mixed-use development in Niceville, Florida. Matt worked closely with the developer and provided absorption forecasts and property valuation estimates for the entire master-planned community. These estimates ultimately fed into the development’s financial model which estimated the net present value and financial return (internal rate of return, cash-on-cash, return-on-equity, and return-on-investment) to the developer and its partners. In addition to the financial model, Matt developed a Tax Increment Financing (TIF) model that projected the increase in property values and the associate tax revenue that would be collected if a TIF district were formed to help with financing the development. Economic Impact Assessments | Nationwide Throughout his professional career, Matt has conducted a wide variety of economic impact assessments ranging from evaluating the impacts of a state’s military footprint to examining the associated employment impacts of military growth. Additionally, Matt is proficient with standard economic input-output models, including REMI PI+, IMPLAN Modeling Software, and RIMMS II multipliers produced by the U.S. Bureau of Economic Analysis. Market Assessment | Edgewood and Harford County, Maryland Matt led the market assessment for residential and commercial product demand throughout the greater Edgewood area. This assessment provided the County with 10-year projections for residential units, as well as retail, office and institutional square footage. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 603 A Proposal: City of Denton Comprehensive Plan Update 13 Donald H. Brandes, Jr., PLA Downtown Urban Design Task Lead As a Vice President and the Director of Landscape Architecture and Urban Design for Matrix, Don actively leads all multidisciplinary projects and is responsible for project programming, conceptual planning and design, and final project design review. Don’s planning and design passion continues to focus on urban design, waterfront design, resort and land development, and complex mixed-use downtown development projects. Don is the author of several national and professional articles and publications including Engineering Record, American Society of Landscape Architecture, and Urban Land Institute. His book, Developing Difficult Sites: Solutions for Developers and Builders is published by the National Association of Home Builders (NAHB) in Washington, D.C., and continues to be a reference for builders and developers throughout the U.S. Don has chaired the Urban Land Institute (ULI) Developing Master- Planned Communities Conference and has been a featured speaker at the Pacific Coast Builders Conference (PCBC), Rocky Mountain Land Use Institute (RMLUI), American Society of Landscape Architects (ASLA), and several other national conferences. As a Professional Landscape Architect (PLA) in several states, Don is the recipient of a number of national and state planning and design awards. In addition to his 35 years of professional experience, Don is a member of the American Society of Landscape Architects (ASLA) and the Urban Land Institute (ULI); University of Colorado College of Architecture and Planning (CAP) Advisory Board; Chair of the University of Colorado Design Review Board (DRB); served as an advisory board member for the Colorado Trust for Public Lands (TPL) and has served on the Board of Directors of the Downtown Denver Partnership and several other academic, institutional, and non- profit boards and foundations. Relevant Experience Historic Arkansas Riverwalk of Pueblo, Master Plan Phases 1,2, & 3 | Pueblo, Colorado Don has served as Principal-in-Charge for the lead planning and design firm for the award-winning Historic Arkansas Riverwalk of Pueblo (HARP). The ‘daylighting’ the historic downtown river channel created a vital downtown waterfront destination linking historic and new commercial development through a navigable waterway and taxi system that connects the Pueblo Convention Center and the downtown historic district. Don led community engagement, master planning, and five (5) phases of construction documentation. Areas of Expertise Strategic and Redevelopment Planning Master Planning Project Initiation and Programming Landscape Architecture Urban and Riverfront Design Land Planning Facilitation and Public Involvement Education M.L.A. – Landscape Architecture, University of Colorado at Denver B.S. – Political Science, University of Colorado at Boulder Professional Registrations / Affiliations Arizona Professional Landscape Architect, License No. 52984 Colorado Professional Landscape Architect, License No. 000146 New Mexico Professional Landscape Architect, License No. 34 American Society of Landscape Architects Urban Land Institute Downtown Denver Partnership, Inc. Colorado Trust for Public Land (TPL), Former Board Member University of Colorado – Design Review Board Chair DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 604 14 Personnel Donald H. Brandes, Jr., PLA Downtown Pueblo Urban Design Framework | Pueblo, Colorado The success of the Downtown Pueblo redevelopment prompted the desire for convention center expansion, additional parking, hotel rooms and consideration of a downtown AAA baseball stadium. Don was Principal in Charge in preparing an urban design framework plan to accommodate new improvements and address existing downtown issues. Plans documenting existing and proposed land use, access and circulation, infrastructure, and drainage and hydrological improvements provided the structure for future development. The framework plan also addressed key circulation connections, including waterfront boat management, drainage and property acquisition strategies. Infinity Park | Glendale, Colorado Don was the principal and main landscape architect for the first municipal international rugby stadium in the United States. Infinity Park includes a 5,000-seat stadium, three event/performance plazas, a state-of- the art sports center, rugby club, U.S. rugby hall of fame, conference center, and park containing a tournament pitch. Surrounded by the City of Denver, Infinity Park draws thousands of people to the area and generates redevelopment opportunities in the immediate vicinity. Plazas have been designed to accommodate a variety of events and performances making the entire facility a flexible civic amenity. Estes Park Downtown & Riverfront | Estes Park, Colorado The Town of Estes Park wished to maintain and increase its ability to provide year-round retail and commercial activity leading to the restoration of the Elkhorn Avenue (US 34) downtown streetscape, and the Big Thompson and Fall River downtown riverfronts. Don was Principal in Charge as the lead planning and design consultant for master planning and preparation of the construction documents for all streetscape and river improvements. Smoky Hill River Downtown Master Plan | Salina, Kansas Don was the principal-in-charge for a long-range, five (5) phase strategy to complete construction of a downtown revitalization project. Phase one public awareness and outreach included project organization and identity, inventory mapping and analysis of existing conditions, a series of stakeholder outreach meetings and presentations, and three public engagement events, spanning five days. The 9-month process included organization of seven committees comprised of 80 active volunteers, 14 civic group presentations, and radio and television broadcast interviews. At public engagement events, an estimated 4,000 citizens participated in informational and interactive exercises to identify preferred uses, activities, and riverfront improvement locations. Over 2,400 individual data inputs were mapped, and 330 detailed questionnaires were completed documenting use patterns, preferences, and overwhelming community support for the project. Relevant and Related Master Planning Projects: ◼ Fort Walton Beach Downtown Master Plan, Fort Walton Beach, Florida ◼ Medford Downtown and Riverfront Master Plan, Medford, Oregon ◼ Sioux Falls Downtown and Riverfront Master Plan, Sioux Falls, South Dakota ◼ McData Corporate Campus Master Plan, Denver, Colorado ◼ Obermeyer Downtown Urban Design, Aspen, Colorado ◼ Solterra Master Planned Community, Lakewood, Colorado ◼ City of Saratoga Downtown Streetscape Master Plan, Saratoga, California ◼ Cherry Creek Entertainment District Master Plan, Glendale, Colorado ◼ Casa Grande Downtown Master Plan, Casa Grande, Arizona ◼ Turlock Downtown Redevelopment Master Plan, Turlock, California ◼ South Quebec Streetscape Master Plan, Denver, Colorado DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 605 A Proposal: City of Denton Comprehensive Plan Update 15 Patrick Chelin, PE Infrastructure & Development Task Lead Patrick has 25 years of experience leading multidisciplinary teams on complex development and redevelopment projects. His expertise includes master planning, entitlements, and infra-structure design for multi-year, phased development. Patrick has led the Central Park (formerly Stapleton) Redevelopment project for Matrix since 2003 and has been responsible for more than $150 million of improvements during that time. Patrick is also the program manager for the Sterling Ranch Development, responsible for managing the $1.1 billion of improvements that will be constructed over the next 20 years. Relevant Experience Central Park (formerly Stapleton) Redevelopment, Park Creek Metropolitan District | Denver, Colorado As Deputy Program Manager and Project Manager for infrastructure supporting this mixed-use development, Patrick has been an integral part of the Central Park team since 2003. He leads the infrastructure design for the major filings there as well as the Master Planning and General Development Plan (GDP) preparation for the redevelopment. Patrick has led the efforts on the design and entitlement of 12 filings that include more than $200 million worth of infrastructure at Central Park. North Stapleton GDP IMP 2011 Update and Section 10 GDP IMP | Denver, Colorado Patrick led multidisciplinary teams that included parks designers, traffic engineers, lighting consultants, land planners, and surveyors through the Denver GDP process. He worked extensively to revise unwieldy grading concepts to create a project that now balances North Stapleton and also balances the remainder of Stapleton utilizing export from Section 10. Since the inception of these two plans, Patrick has led the design teams implementing them, completing the North Stapleton portion in 2015 and leading the first design effort in Section 10 currently underway. Sterling Ranch | Douglas County, Colorado Patrick leads the Matrix team that is responsible for the Master Planning and overall project coordination for this 3,400-acre development in northwest Douglas County. The project includes the creation of a Water and Sanitation District with several sanitary lift stations and an interim treatment plant, along with the rehabilitation of an existing treatment facility, a new water treatment facility and associated storage tanks, and a regional stormwater detention (jurisdictional dam) that is combined with raw water storage and rainwater harvesting. Under Patrick’s guidance, Matrix has prepared a phasing plan and cost model for the 20-year program that, with inflation, is valued at more than $1 billion. Areas of Expertise Land Development Site Entitlement Civil Engineering Utility Coordination Design Permit Coordination Transportation Infrastructure Education B.S. - Civil Engineering, University of Washington Professional Registrations / Affiliations Arizona Professional Engineer, License No. 47562 Colorado Professional Engineer, License No. 36448 Washington Professional Engineer, License No. 38306 Wyoming Professional Engineer, License No. 11916 DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 606 16 Personnel Patrick Chelin, PE Auraria Campus Infrastructure Master Plan | Denver, Colorado Patrick was the Project Engineer for the water infrastructure portion of this 2.5 million-square foot campus. He was responsible for an extensive review of the existing infrastructure and coordination with Denver Water to ensure that proper supply was available as the campus expanded. Baseline Community – Master Plan and Infrastructure Design | Broomfield, Colorado Patrick leads the design team responsible for updating the previously prepared Master Plan to entitle an additional 5,000 units of residential units, on top of the already allowed 4,300 units and 18 million square feet of office/retail/commercial. Matrix also developed a new stream master plan for Preble Creek as well as designed the infrastructure to support 400 units of single family attached/detached units in the West Sheridan neighborhood. As part of this effort, Matrix widened existing Sheridan Boulevard to four lanes and evaluated utilities to ensure they can accommodate future development. Matrix also designed over two miles of off-site sanitary sewer in future development along with designed over one mile of Preble Creek. Holly Park - Thrive | Westminster, Colorado Patrick is the project manager for the 58-unit additional townhomes within the Holly Park Project. To date, Matrix has prepared an Infrastructure Cost Model for both the Thrive scope as well as city scope along with looked at conceptual utility layouts to match the Thrive site plan. Matrix is also providing full engineering design, entitlements through the City of Westminster process, survey, and landscape architecture design to support the 58-unit development. Eastbridge Town Center | Denver, Colorado Patrick is the project manager for infrastructure design for six planned retail buildings. Project included converting an existing roadway from public to private to allow for frequent special events closures and implementing midblock crossings with traffic tables (raised walks) and other traffic calming measures. Steamboat Springs Downtown Streetscape | Denver, Colorado Patrick was the principal-in-charge for the streetscape project of Steamboat Springs that includes Lincoln Avenue (U.S. Highway 40) from 3rd Street to 13th Street as well as Oak Street and Yampa Avenue. Patrick coordinated the public input process and coordination with the City of Steamboat Springs and Colorado Department of Transportation. The project construction documents include grading, drainage, roadway and utility design as well as coordination with the landscape architectural plans. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 607 A Proposal: City of Denton Comprehensive Plan Update 17 Chad Daines, AICP Land Use & Zoning Task Lead Chad is a professional planner with over 32 years of city and county planning experience in urban and rural communities with a focus on community planning. Chad’s extensive career has involved wide- ranging experience in the area of zoning code amendments and general planning, specifically in the development of highly complex zoning regulations to implement community policy as expressed in the General Plan for communities. His background affords a strong skill set to critically assess and provide pragmatic, effective new policies and regulations to realize community goals and objectives. Relevant Experience Walton County Comprehensive Plan and Land Development Code | Walton County, Florida Comprehensive amendments to the Comprehensive Plan and Land Development Code to create alignment between the two documents. Included new land use categories and polices, consolidated zoning districts, new permitted use table and definitions section, conditional use permit review criteria and standards and updated development review and approvals procedures. Included rewrite of the Sign Code for Reed v. Town of Gilbert compliance through viewpoint and content neutral sign regulations. Peoria Zoning Code and Subdivision Ordinance Amendments | Peoria, Arizona Comprehensive amendments to the Peoria Zoning and Subdivision Ordinance including procedures, design review, consolidation of zoning districts, signs desert lands conservation, parking, general development standards, permitted use table, definitions and conditional use standards. PuebloPlex Zoning Overlay | Pueblo, Colorado Establishment of new planned area development standards implementing a redevelopment plan for PuebloPlex Depot. Included establishment of zoning districts, land use table, landscaping, general development standards, approval procedures and processes. Included Reed v. Town of Gilbert compliant Sign Code through viewpoint and content neutral sign regulations. Community Development Code | Klamath Falls and Klamath County, Oregon Creation of overlay zoning districts for both the City of Klamath Falls and Klamath County implementing the results of the Kingsley Field Joint land Use Study. The overall established five subzones based on noise, vertical obstruction, safety and clear zones and included modified permitted land use tables from the city zoning code to establish compatible development with the mission of the military installation. Areas of Expertise Comprehensive / Long Range Planning Zoning and Land Development Regulations Community Planning and Visioning Master Planning / Site Planning Public Participation / Stakeholder Facilitation Design Review Joint Land Use Study Implementing Zoning Regulations Education Master of Environmental and Urban Planning, 42 Hours completed (47 required), Arizona State University B.S. - Political Science and Planning, Arizona State University Professional Registrations / Affiliations American Institute of Certified Planners American Planning Association DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 608 18 Personnel Chad Daines, AICP Maxwell AFB – Gunter Annex Joint Land Use Study | Montgomery, Alabama The Maxwell AFB – Gunter Annex is in south-central Alabama near the City of Montgomery and is the home of 42nd Air Base Wing and Air University, which supports the education for planners and leaders in air and space power for the Air Force. Chad’s work involved the creation of a Military Compatibility Element for the City of Montgomery Comprehensive Plan, establishing policies to ensure sustainability of the mission at Maxwell AFB into the future. Master Plan, City Charter, and Enabling Legislation, Design Guidelines and Zoning Code | Hagåtña, Guam New General Plan providing for revitalization and redevelopment of the historic capital city of Guam. City Charter establishing the structure and functions of the city. Comprehensive amendments to Guam Territorial Law to enable formation of municipality. New hybrid form-based and conventional zoning district structured Zoning Code including form-based districts, development processes, review criteria, appeals, noticing, public participation, signs, parking, landscaping, permitted use table, conditional use standards, costal development standards, definitions and all general development standards. Town of Oro Valley General Plan | Town of Oro Valley, Arizona The Town of Oro Valley is a 45-square mile community on the north side of the Tucson metropolitan area. As a key member of a team which created the new General Plan for the community, Chad contributed to the detailed land use compatibility analysis and policy development. Zoning Code and Subdivision Code Amendments | Town of Oro Valley, Arizona Numerous amendments to the Oro Valley Zoning Code including comprehensive amendments to implement new design review process, design review standards, public art call for artists process, senior care, public participation and environmental sensitive lands. Included Reed v. Town of Gilbert compliant Sign Code re-write. Land Development Code and Subdivision Code Amendments | Yavapai County, Arizona Numerous comprehensive amendments to LDC to implement County General Plan including urban area development standards, floodplain regulations, conservation subdivision design standards and general regulations. Included diverse regulations to reflect urban and rural areas. The 8,600 square mile planning area of Yavapai County includes urban areas such as Prescott and Sedona, and also includes numerous sparsely populated communities in rural areas. Development Services Director | Yavapai County, Arizona Chad served as Development Services Director and Floodplain Administrator for Yavapai County Arizona, a diverse area with rural and urban areas covering 8,600 square miles. Chad led a 60-member team and development and administration of a combined $16.5 million project. He managed local regional planning, transportation coordination, planning research and demographic projections, coordinated the regional Consensus Count, regional environmental services and floodplain management. Planning Manager | City of Peoria, Arizona Chad served as Planning Manager for the City of Peoria, a rapidly growing community in the Phoenix metropolitan area. As a Planning Manager at the City of Peoria, Chad focused on the numerous land use compatibility issues facing a rapidly growing community. During his tenure as Planning Manager, Chad was involved in the systematic revision to the entire zoning ordinance. Notable examples of the vast array of development tools he personally created included a revised design review ordinance, planned community development zoning district, mixed-use development zoning district, desert lands conservation and hillside development. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 609 A Proposal: City of Denton Comprehensive Plan Update 19 Janie Hollingsworth, PE Transportation Mobility Task Lead Janie is Matrix’s Director of Traffic Engineering with over 20 years’ experience in traffic engineering and more than 10 years of experience in highway-rail grade crossing safety. Janie holds professional licenses in multiple states and contributes to the development of industry standards as a member of the National Committee on Uniformed Traffic Control Devices. Her career has been punctuated by prominent assignments for traffic planning and highway-rail grade crossing safety that have led to her involvement in numerous complex projects throughout the United States, including extensive work in Texas. She has worked in concert with Class I railroads, transit agencies, national agencies, state DOT departments, and other officials during the design and construction phases of highway projects. Janie has worked closely with Union Pacific Railroad, BNSF Railway, Texas DOT, and numerous agencies in the Dallas and Fort Worth areas to coordinate designs and improve railroad crossing operations. She has conducted several training seminars throughout the United States on industry best practices and standards relating to grade crossing safety. Earlier in her career, Janie held the position of senior traffic engineer with the City and County of Denver and County Traffic Engineer with Indian River County with oversight of plan review of multimillion and multibillion roadway design, commuter-rail/high-speed rail expansion, construction phasing, sign/pavement marking design, and traffic signal design. This unique combination of experience in traffic design of roadways, signals and grade crossings provides agencies unparalleled expertise and guidance throughout the project design. Furthermore, her requisite knowledge of railroad, agency standards and industry best practices allows for a more efficient planning and design process. Relevant Experience BNSF Railway Preemption Program | Texas As former vice president for CTC, Inc., Janie provided the lead oversight of the railroad preemption services for BNSF, including Phase I and II work in Texas. In Phase I, Janie reviewed preemption data collection and recommended modifications at the railroad’s interconnected highway-rail grade crossings. In Phase II, Janie reviewed preemption prioritization and recommended modifications, according to a predetermined matrix approved by the client. She worked in coordination with BNSF Manager of Public Projects, signal design engineers, as well as, local and state agencies throughout both phases of the preemption program. She also provided key geometric roadway design and railroad preemption recommendations for several high crash highway-rail grade crossing locations throughout the United States. Areas of Expertise Strategic Planning Transit Operations Traffic Management Safety & Security Crisis Operations Executive Briefings Traffic Engineering Business Development Event Transportation Management Education B.S. – Civil Engineering, University of Colorado at Denver, 1999 Professional Registrations / Affiliations Texas Registered Professional Engineer, License No. 110570 California Professional Engineer, License No. C85160 Arizona Professional Engineer, License No. 58311 Colorado Professional Engineer, License No. 0038448 Florida Professional Engineer, License No. 74138 DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 610 20 Personnel Janie Hollingsworth, PE Union Pacific Railroad Preemption (Signal Design Project) | Texas As vice president for CTC, Inc., Janie provided engineering consulting services to UP in all areas related to traffic-signal preemption, highway-rail grade crossing safety, and interconnection for traffic signals adjacent to highway-rail grade crossing warning systems. She reviewed advance preemption times and preemption operations for highway-rail grade crossings proposed for new construction throughout Texas. She worked closely with Texas DOT in conducting on-site inspections and developing reports documenting operational and safety improvements to agencies to enhance the preemption operation and improve safety. LiveNation Toyota Music Factory 2018 | Irving, Texas Provided consulting services in reviewing traffic management plan for venue and made recommendations to improve ride-sourcing operations, directional way-finding signs, and parking operations. Conducted on- site visits during events, reviewed proposed shuttle operation from transit center, employee parking area and private lots to the venue. CEDIA Expo 2016| Dallas, Texas As the majority owner and Chief Executive Officer of Event Transportation Associates, Janie was responsible for development of a temporary transit system for the conference connecting attendees to hotels, event venues and convention center. Janie held oversight of all transportation management plans for shuttle operation and pedestrian connectivity. She provided extensive coordination with convention center, hotel managers, local businesses, City of Dallas and CEDIA event managers to transport thousands of attendees. County Traffic Engineer 2019-2020 | Indian River County, Florida As the County Traffic Engineer, Janie was responsible for review and approval of roadway design, development review plans, construction phasing, traffic signal design, traffic signal timing and sign and pavement marking design. She developed Hurricane Operation Plans for the County to improve safety and operation during mass evacuations. Janie also developed the Traffic Management Center upgrade plans to interconnect 220+ traffic signals to central command center and Emergency Operations Center. Chief Executive Officer of Event Transportation Associates (ETA) 2016-2019 | Nationwide Majority owner of ETA with offices located in Seattle Metro, Denver, Fort Worth, Orlando and Los Angeles. Janie was responsible for all operations and logistics for company. Managed executive team, financials, HR, marketing and business development. Oversight of traffic management plans for high capacity special events nationally and internationally drawing visitors in the millions. Vice President of Engineering for CTC, Inc. 2011-2016 | Fort Worth, Texas Responsibilities included delivering engineering consulting services to public agencies, railroads, and contractors in areas relating to traffic signal preemption, highway-rail grade crossing safety, and interconnection for traffic signals adjacent to highway-rail grade crossings. Completed highway-rail grade crossing safety audits. Supervised and led 1,000+ Class I highway-rail grade crossing / traffic signal inspections and closure studies, ensuring adherence to quality and safety standards. FasTracks Commuter Rail 2009-2011 | Denver, Colorado As a senior traffic engineer with the City and County of Denver, Janie was responsible for review and approval of roadway design, traffic signal design, and sign and pavement marking design for the East Rail Line, a 22.8-mile commuter rail transit corridor expansion. She also reviewed station area developments along the corridor and recommended roadway design modifications to improve pedestrian and traffic operations. Janie played a significant role in obtaining funding and developing a conceptual design of the Peoria grade-separation. Senior Traffic Engineer for the City and County of Denver 1999 -2011 | Denver, Colorado Responsibilities included supervising professional and technical staff, developing and revising city standards for roadways and traffic control devices, designing traffic calming projects, overseeing the city’s 500,000+ signs and pavement markings program, providing plan review of commuter rail and light rail transit plans, designing roadway improvements, creating temporary traffic management plans for construction projects and events, and evaluating traffic simulations models. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 611 A Proposal: City of Denton Comprehensive Plan Update 21 Thomas W. Kopf, PLA Parks / Recreation / Open Space Task Lead Tom provides design vision for community design, architecture and landscape architecture for residential and mixed-use communities to create great and livable places. Prior to joining Matrix, Tom was a partner with DTJ Design for 19 years and Founder / Owner of the Design Alliance, Limited. Tom is a nationally recognized speaker and communicator and has spoken for over 30 years at the International Builders Show, PCBC, and ULI, as well as many local associations. Tom has authored numerous articles and is considered a thought leader in the industry. His book, Building Community, published by BuilderBooks is a go-to design book for community developers. In addition to residential community master planning, site planning and landscape architecture, Tom has designed mixed-use town centers, resort communities, urban environments, and parks. His design leadership is focused on creating the places for the events in people’s lives and enhanced real estate value for his clients. He recently led a team that master planned a new town center in Lakeway, Texas and is currently working on a mixed-use urban village near Edmonton, Alberta. Tom has written design guidelines to establish the visual character of place and is part of the Design Review Committee for several of the communities he has designed. Relevant Experience Arizona Government Mall | Phoenix, Arizona Matrix is currently developing a comprehensive to the plan providing the State with planning services including: urban planning, urban design, transportation planning, historic preservation, environmental planning, demographic and economic analysis, legal analysis and business and market area analysis. Tom is providing landscape architecture and urban planning to the project. City Center Specific Plan | Avondale, Arizona Matrix is currently working to develop the Avondale boulevard Specific Area/City Center Plan in order to implement the City Council’s vision for the Boulevard as a premier destination for shopping, restaurants, and entertainment, with exciting missed-use development to include hotels, quality higher-density housing, professional office space, and an atmosphere that is fun, pedestrian-friendly, and conducive to daytime and nighttime activities. Tom is helping to develop the landscape architecture plan. Downtown Master Plan | Fort Walton Beach, Florida Downtown Fort Walton Beach’s existing alignment and increasing traffic volumes of the historic “main street” of the Fort Walton Beach downtown, has shifted the focus from pedestrians to vehicles through this critical commercial corridor which has negatively impacted downtown businesses and minimized redevelopment opportunities. Matrix Design Group was retained by the City to create a visionary and transformative vision of the downtown as a unique, destination-based, entertainment district. Areas of Expertise Community Visioning and Programming Community Master Planning Resort Planning Site Planning Landscape Architecture Architectural Concepts Communication and Entitlements Education B.S. – Landscape Architecture, University of Guelph, Ontario, Canada Professional Registrations / Affiliations Colorado Professional Landscape Architect, License No. 434 American Society of Landscape Architects National Association of Home Builders Prairie Center, Design Review Committee Trinity Commons Housing Corporation Board Member DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 612 22 Personnel Thomas W. Kopf, PLA Residential Communities ◼ Quigley Canyon, Hailey, Idaho ◼ Kona Ranch, Missoula, Montana ◼ Rehberg Ranch, Billings, Montana ◼ Triple Creek Meadows, Bozeman, Montana ◼ Daly Downs, Hamilton, Montana ◼ Bryce’s Valley, Rifle, Colorado ◼ Salt Creek Ranch, Eagle, Colorado ◼ The Hill, Ft. Collins, Colorado ◼ McKay Landing, Broomfield, Colorado ◼ Mill Creek, Lancaster, Pennsylvania ◼ Walden, Harrisburg, Pennsylvania ◼ Stone Bridge, Gettysburg, Pennsylvania ◼ Prairie Center, Broomfield, Colorado ◼ Anthology, Parker, Colorado ◼ Denver Connection, Denver, Colorado ◼ Edgewood Country Club Concept, Englewood, New Jersey ◼ Windler Homestead, Aurora, Colorado ◼ Domenico Farms, Lafayette, Colorado ◼ Legacy Ridge (various parcels), Westminster, Colorado ◼ Stonehocker Farms, Adams County, Colorado ◼ Headwaters, Forest Lakes, Minnesota ◼ Village at Autumn Lake, Madison, Wisconsin ◼ Vista Ridge, Littleton, Colorado Mixed-Used Communities ◼ Grande Dunes, Myrtle Beach, South Carolina ◼ Midtown, St. Albert, Alberta, Canada ◼ Lakeway City Center, Lakeway, Texas ◼ Jinhai Village Center, Beijing, China Resort Communities (site design, architecture and landscape architecture ◼ St. Antoine, Sun Valley, Idaho ◼ Little Flower Town, Guangzhou, China ◼ Luna Gorda, Texas Gulf Coast ◼ The Park, Abu Dhabi, UAE ◼ Lusail, Doha, Qatar ◼ Yishang Hot Springs Resort, Chongqing, China ◼ Yalikavak Resort Villas, Turkey International Residential and Landscape Architecture ◼ Indahpura-Living in a Garden ◼ Dragon Lake Villas, Guangzhou, China Design Guidelines ◼ Livingston, Calgary, Alberta, Canada ◼ The Wyoming Club ◼ The Hill ◼ Prairie Center ◼ Quigley Canyon, Hailey, Idaho DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 613 A Proposal: City of Denton Comprehensive Plan Update 23 Kurt Waldier Downtown Urban Design Parks / Recreation / Open Space Kurt has four years of professional planning experience and has provided technical planning support for a wide range of projects including military compatibility studies, master plans, corridor plans, urban design projects, and public policy. He brings experience and lessons learned from a wide variety of communities across the United States, as well as the U.S. Territory of Guam, ranging from localized specific plans to regional Joint Land Use Studies (JLUS). Relevant Experience Comprehensive Plan Update | Glenview, Illinois Kurt provided planning support for the update to the Village of Glenview’s Comprehensive Plan. As a mature, well-managed community, Glenview was beginning to experience redevelopment pressures. To address this challenge, the process focused on 14 subareas, including downtown, to establish compatibility and site design standards for redevelopment. Marana General Plan Update | Marana, Arizona The Town of Marana is a fast-growing desert community north of Tucson, Arizona. Increased development pressure on undeveloped Sonoran Desert land raised widespread concern for the Town’s landscape and natural environment residents enjoy. To address these concerns, Kurt developed land use policy guidance for cluster development, along with and a graphical representation that illustrates how such standards balance future growth and the sensitive natural environment. District 4 Master Plan | Santa Rosa County, Florida District 4 is a Gulf Coast community in Santa Rosa County, Florida, that is experiencing rapid growth. Kurt was the project lead for this Master Plan and established a vision for future development that balances the needs of current residents, the fragile natural environment, increasing housing demand, and traffic issues. District 4 was divided into seven interrelated character areas to better manage the individual needs in each area. The Heart of Navarre Character Area was designed to be the central hub of the community at the convergence of two major roadways and the gateway to the Gulf of Mexico. To help envision a walkable, mixed-use community in the Heart of Navarre, Kurt developed a three-dimensional massing model video in Google SketchUp that represented the development potential within the Character Area. Bixby Comprehensive Plan Update | Bixby, Oklahoma The City of Bixby is a fast-growing suburb of Tulsa, Oklahoma. The Arkansas River splits the city into two culturally different communities, with the north side relating closer to the urban atmosphere within the City of Tulsa, and the south side retaining its rural heritage. As a result, public input is a critical part of the process to successfully bridge the two communities together. Kurt has provided technical planning support for this project, including facilitating four public meetings. Areas of Expertise Military Compatibility Planning Sustainability Planning General / Comprehensive Planning Zoning Ordnance Updates Public Policy Neighborhood Planning Land Use Planning Master Planning Urban Design Education M.S. – Urban Design, Ball State University B.S. – Urban Planning, Ball State University Professional Registrations / Affiliations Arizona Chapter of American Planning Association American Planning Association DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 614 24 Personnel Kurt Waldier Walton County Comprehensive Plan and Land Development Code Update | Walton County, Florida Walton County had inconsistencies with its Comprehensive Plan and Land Development Code that made development difficult within the County. Kurt utilized a system approach while working closely with the county and public to resolve these issues between the two regulating documents. Once the Comprehensive Plan and Land Development Code were updated with consistent regulations, the documents were reorganized to enhance ease of use. Fort Sill JLUS | Lawton, Oklahoma Kurt served as the lead planner on the Fort Sill JLUS. Fort Sill is a multifaceted military training center for heavy field artillery and air defense artillery, as well as aerial bombing training in coordination with other nearby installations—Altus AFB, Vance AFB, and Sheppard AFB. Locally, noise and vibration from large munitions were the primary concerns for nearby residents. Regionally, Fort Sill’s primary concern was the siting of vertical obstructions impacting airspace and military training routes between Fort Sill and the other nearby installations. The Fort Sill JLUS identifies and addresses both the local concerns between Fort Sill and its neighbors, as well as the regional concerns of protecting military training routes by working collaboratively with Altus AFB, Vance AFB, Sheppard AFB, and other partners. Maxwell AFB JLUS Implementation | Montgomery, Alabama Upon completing a JLUS for Maxwell AFB, Matrix worked with the City of Montgomery to implement six key implementation items: memoranda of agreement, a military compatibility element, zoning ordinance amendments, 3D imaginary surface modeling, a vertical obstructions assessment tool training guide, and informational brochures for the military compatibility areas recommended in the JLUS. Kurt drafted memoranda of agreement between Maxwell AFB and the City of Montgomery, as well as six other surrounding communities and assisted with the other project tasks. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 615 A Proposal: City of Denton Comprehensive Plan Update 25 Charles D. Perham Community Outreach Charlie Perham is a Vice President and the Director of Government Consulting Services for Matrix Design Group. He is a distinguished senior leader with 27 years of progressive responsibility and leading diverse teams providing consulting support to states and defense communities. He has extensive experience with the military, public and stakeholder engagement, group facilitation, and developing partnerships. Charlie has served as the principal-in-charge for numerous, complex, multi-discipline programs. His 23 years of military experience culminated with installation leadership responsibility for Nellis Air Force Base, Nevada. In that capacity he provided installation support to the 2.9 million-acre Nevada Test and Training Range and prepared the installation for a $2 billion construction bed down for the F-35 Joint Strike Fighter. He has extensive experience developing strategy and policy and working enterprise-level issues for Department of Defense and other federal agencies. Relevant Experience State-level Analysis and Advocacy Charlie has supported the Commonwealth of Virginia and the State of Michigan in conducting robust SWOT analyses, culminating in strategic plans and recommendations to protect and grow the existing military missions of the states. He is currently leading subsequent efforts to implement the recommendations from the strategic plans. Additional experience in this arena includes supporting Arkansas and North Carolina with similar efforts. Economic Development Charlie has extensive experience helping defense communities with economic development. This includes assisting communities that experience growth or loss of personnel, understanding the economic impacts of the defense industry on a region or state, and preparing and advancing business retention and expansion programs. Public/Public and Public Private (P4) Partnerships Charlie provides consulting expertise to numerous installations and communities in the P4 arena. He has helped active military installations from all services. During his time at Nellis Air Force Base, Nevada, Charlie spearheaded a 17 MW solar array, which at the time was the largest DoD solar energy generation facility on an active installation, via public-public partnerships, resulting in net-zero daytime energy use. He also championed an on-base charter school from ground-up construction bringing higher quality education to a community in need. Strategic Planning Charlie provides consulting expertise to numerous clients across the spectrum of strategic planning. His experience includes state-level strategic plans, strategic plans for state Air National Guard organizations and strategic plans for military support organizations. Areas of Expertise Public / Private Partnerships Facilitation and Public Engagement Strategic and Master Planning Base Realignment and Closure (BRAC) Program Management Client Relationship Management Military Construction Education M.S. - National Security, National Defense University, Washington, DC Legislative Fellowship, Georgetown University, Washington, DC M.S. - Military Operations, Air University, Montgomery, AL M.S. - Engineering and Environmental Management, Air Force Institute of Technology, Dayton, OH B.S. - Civil Engineering, University of New Hampshire, Durham, NH Professional Registrations / Affiliations Society of American Military Engineers (SAME) Association of Defense Communities (ADC) DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 616 26 Personnel Charles D. Perham Community Impacts Associated with Army Personnel Reductions Charlie supports both the Fort Benning and Fort Riley surrounding communities to assess the economic impacts associated with Army personnel reductions. He helps these communities prepare for the changes through a coordinated approach that involves regional, county, community and installation leaders in planning and implementing loss management actions that address all aspects of economic and community planning. Joint Land Use Studies Charlie served as the Base Civil Engineer (BCE) at Davis Monthan Air Force Base in Tucson, Arizona and as the Mission Support Group Commander (the BCE’s boss) at Nellis Air Force Base. He was integral to each installation’s efforts to ensure compatible development via Joint Land Use Studies. Additionally, since joining the private sector he has worked on Joint Land Use Studies supporting Matrix efforts to assist states and communities. His experience makes a difference. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 617 A Proposal: City of Denton Comprehensive Plan Update 27 Aaron Sutherlin, PE Infrastructure & Development Aaron has more than 17 years of experience in water resources engineering. He provides extensive knowledge in design and construction working with open channels, riparian corridors and infrastructure protection. He has completed dozens of projects across the country working with numerous local, state, and federal agencies, as well as a variety of private landowners and nonprofit organizations. Aaron was the lead engineer in design and construction of approximately three miles of stone riprap breakwater structure along the Gulf Intracoastal Waterway in Port Arthur, Texas. Relevant Experience Monument Branch Channel Restoration City of Colorado Springs | Colorado Springs, CO As project manager for a 1,300-foot project reach of Monument Branch between I-25 and Voyager Parkway, Aaron helped develop improvements that provide utility infrastructure protection, channel stabilization, and riparian habitat restoration. Project elements included sculpted concrete hydraulic drop structures, a constructed riffle, and a reconfiguration of the existing channel and adjacent floodplain. Monument Creek Stream Stabilization Upstream of Pikeview, Colorado Springs Utilities | Colorado Springs, Colorado Aaron was the project manager for the project reach of Monument Creek beginning on the upstream end at the approximate intersection of northbound Interstate Highway 25 and ending downstream approximately 4,450 feet at the Pikeview Diversion. Project objectives included utility infrastructure protection, aquatic and terrestrial habitat enhancements, erosion reduction and corresponding downstream sediment supply, and providing opportunities to enhance City of Colorado Springs MS4 compliance. The design approach combined both conventional and natural channel design methods. State Highway 47 Bank Restoration, Fountain Creek Watershed, Flood Control, and Greenway District | Pueblo, Colorado Aaron was the project manager for 4,000-foot reach of Fountain Creek at SH 47 in Pueblo. The design approach included a stable meander planform, profile and channel geometry, as well as riprap bend and scour protection. Extensive floodplain revegetation was included with the design including approximately 9 acres of erosion control fabric and riparian seeding, and planting of over 35,000 willow and cottonwood trees. Compartment 9 & 18 Breakwater, Texas Parks and Wildlife Department - JD Murphree Wildlife Management Area | Port Arthur, Texas Aaron was the lead engineer in design and construction of approximately three miles of stone riprap breakwater structure along the Gulf Intracoastal Waterway in order to provide shoreline erosion protection. The project protects thousands of acres of historic freshwater and brackish marsh from excessive saltwater exposure associated with continued erosion along the GIWW. Areas of Expertise Stream Restoration Design Geomorphology Treatment Wetland and Ecosystem Restoration Design Stormwater Modeling Stormwater Management Environmental Permitting and Compliance Bathymetric and Topographic Surveying Education Wildland Hydrology Level I - IV Graduate Certificate in Stream Restoration, University of Washington at Seattle, 2011 B.S. – Biological Systems Engineering, Texas A&M University, 2002 Professional Registrations / Affiliations Texas Professional Engineer License No. 109370 Colorado Professional Engineer License No. 50947 Oregon Professional Engineer License No. 78501 Oklahoma Professional Engineer License No. 25922 New Mexico Professional Engineer License No. 22208 DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 618 28 Personnel Aaron Sutherlin, PE Masciantonio Trust Bank Restoration, Fountain Creek Watershed, Flood Control, and Greenway District | Pueblo County, Colorado Project Manager for 1,500-foot reach of Fountain Creek approximately 4 miles south of the El Paso County line. The design approach included placing in-channel diversion structures (bendway weirs) along an outside bend of Fountain Creek. The structures function to divert high channel velocities and associated shear stresses away from the highly eroding bank. Design elements included constructing a bankfull bench along the toe of the eroding bank and implementing a robust revegetation plan. Chuckwagon Channel Design Services (EWP Project), City of Colorado Springs | Colorado Springs, Colorado Project Manager for engineering design and construction management of natural channel and site development modifications in the upper reaches of the South Douglas watershed within and adjacent to the boundaries of the Flying W Ranch. Project addressed channel instability and deterioration caused by the 2012 Waldo Canyon Fire. Natural channel design elements were utilized to stabilize both single and multithread channels. Drainage infrastructure was installed to convey runoff through the impending site development. The design included a water quality pond, and corresponding hydraulic structures. North Douglas Creek Restoration, Flying W Ranch | Colorado Springs, Colorado Project Manager for 3,300-foot NRCS EWP-funded project reach of North Douglas Creek within the boundaries of the Flying W Ranch. The Project focused on restoring the degraded creek by utilizing natural channel restoration techniques including rock cross-vanes and rock sills. The finished design included a large sediment capture basin and alluvial fan to encourage a multi-thread channel and subsequent sediment deposition. Downstream, the channel was converted to single-thread and boulder cross-vanes were installed to maintain grade control. The Project was part of a post-fire mitigation effort, aimed at reducing sediment flows within Colorado Springs and the Monument Creek Watershed. Fountain Creek Realignment - Colorado Springs Utilities SDS | Colorado Springs, Colorado Project management duties included design and construction support for approximately ½-mile of natural channel restoration upstream of Old Pueblo Road. The design approach included implementing natural channel design techniques such as restoring the bankfull channel, connecting the bankfull channel to the adjacent floodplain, utilizing vegetation and biodegradable materials for stabilization, and using mild sloping riffle structures to provide grade control. Additional, riprap toe protection was design on the outside bend of the bankfull channel to provide additional protection in this extreme hydraulic environment. Valle de Oro NWR Urban Refuge Site Plan, U.S. Fish and Wildlife Service – Valle de Oro National Wildlife Refuge | Albuquerque, New Mexico Lead engineer in design of urban refuge habitat and interpretive components for proposed National Wildlife Refuge in Albuquerque. Project utilized ground and surface water delivery to manage wetland areas adjacent to the Rio Grande River. Preble’s Meadow Jumping Mouse Habitat Restoration – Center for Environmental Management of Military Lands, US Air Force Academy | Colorado Springs, Colorado Project management duties include design and construction support for three sites located within the US Air Force Academy. Design elements address channel instability, primarily bed and back erosion by implementing grade control structures and robust wetland/riparian revegetation efforts within and adjacent to Black Forest Creek Middle Tributary Black Forest Creek (main stem). The first of the three projects is scheduled for construction completion in spring 2017. Multiple 2015 EWP Projects – City of Manitou Springs | Manitou Springs, Colorado Project Manager for three Emergency Watershed Protection Design/Build projects: Mesa Tank Slope Stabilization, Timberline Baptist Church, and Beckers Lane Channel Stabilization. Engineering services included design of drainage structures, slope stabilization measures, retaining wall, and channel grade stabilization, as well as construction oversite. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 619 A Proposal: City of Denton Comprehensive Plan Update 29 Patrick Small, AICP Land Use & Zoning Patrick Small brings more than 20 years of professional experience nationwide encompassing communities, local government, federal agency, and military planning for both the public and private sectors, giving him a unique understanding of community and military operations and needs. He has worked for municipal and county governments and with state agencies on land use and long-range planning and he has authored comprehensive plans and land development regulations. In a project management role, Patrick builds enduring collaborative relationships among divergent stakeholder groups resulting in consensus-based solutions to compatibility and land use challenges. Relevant Experience Innovation Zoning District Code | Newport, Rhode Island Patrick was the Project Manager on the new Innovation Zoning District to implement the economic goals of the city’s Comprehensive Plan. The Innovation District promotes mixed uses and high technologies with connected assets, improved mobility, and development and resilience opportunities, to produce value from innovation, engagement, and investment. San Antonio Compatibility Study | San Antonio, Texas Patrick was a task lead for this study, which was divided into three study areas around several of the military installation in the San Antonio area. The primary issues analyzed for this study included runway safety zones that extended over-populated areas, noise contours impacting local communities, vertical obstruction hazards, and communication processes between local jurisdictions and the military. Santa Rosa County District 4 Master Plan | Santa Rosa County, Florida Patrick served as the Deputy Project Manager on the Santa Rosa County, Florida, District 4 Master Plan project to manage future growth, attract high quality businesses and jobs, protect natural resources, promote high quality design of public spaces, provide for parks and schools, and maintain public safety and municipal services for this bedroom community covering 27 square miles. The Master Plan is a roadmap for growth and development through land use recommendations and an overlay district with an emphasis on land use, housing, transportation and circulation, open space, and economic incentives. Comprehensive Plan & Land Development Code Update | Walton County, Florida Patrick was the Project Manager on the update to the county’s Comprehensive Plan and development of their first ever Zoning Code. The project used innovative public outreach methods to identify areas of concern and focused on updating the antiquated Comprehensive Plan, which was largely regulatory in nature, and aligning the Land Development Code, which had decades of piecemeal updates, with the newly updated Comprehensive Plan. Areas of Expertise Military Compatibility Planning Land Use Planning Long-Range Planning Land Development Regulations Military / Federal Planning Community Planning and Visioning Public Participation / Stakeholder Facilitation Education MEDes – Master of Environmental Design (Planning and Urban Design), University of Calgary B.S. – Urban Studies, University of Minnesota B.A. – Urban Studies, University of Winnipeg Professional Registrations / Affiliations American Institute of Certified Planners American Planning Association - National Capital Region DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 620 30 Personnel Patrick Small, AICP Interstate-95 Area Land Use Plan | City of Aberdeen, Maryland Patrick was the Project Manager leading a multidisciplinary team to complete a Master Plan and Land Use Study for three planning areas totaling over 1,100 acres adjacent to the I-95 corridor. In preparing the Master Plan, Matrix provide recommendations for the Planning Area boundaries; developed land use and future land use categories, building and site development standards, and street circulation, pedestrian pathways, parks and building form; and provided an implementation plan with goals, policies and strategies to incentive development. Execution included as assessment of marketing tools for business attraction, providing opportunities for “gateway” improvements into the City, and incorporating public input and participation to establish a vision and participate in the master planning process. Statewide Process to Mitigate the Adverse Effects of Energy Production to Military Operations in New Mexico | New Mexico Patrick is currently serving as the deputy project manager for this project. The purpose of the project is to assess and address alternative energy and energy transmission impacts to military and air operations across the state. Alternative energy development in New Mexico has generated concerns for potential impacts to military installations. As part of this project, Matrix has been working with the state and local communities to review state legislation and permitting processes for energy projects, conduct comprehensive reviews of county and municipal ordinances, and review state, county and local permitting processes for energy development in New Mexico and surrounding states to see how they can be integrated for maximum benefit to all parties. Matrix is also conducting a comprehensive review of current and planned renewable energy projects and transmission lines in New Mexico. The primary outcome of this project is the development of a Web-Based Renewable Energy Tool for the entire State of New Mexico that developers, communities, and the military can use to identify locations where proposed alternative energy projects may impact military operations. PuebloPlex Redevelopment Plan | Pueblo, Colorado Patrick helped to lead a multidisciplinary team to assist PuebloPlex with the redevelopment of 15,847 acres of federal property which was excessed under BRAC. This former chemical munition production and storage site includes approximately five million square feet of buildings and bunkers, 150 miles of roadway, 46 miles of rail infrastructure, and various utilities. The Redevelopment Plan strikes a balance among the homeless population, economic, and community development needs. In preparing an effective and implementable redevelopment plan, the Matrix team evaluated and considered existing market and economic conditions, land use planning, infrastructure, environmental, and other local issues. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 621 A Proposal: City of Denton Comprehensive Plan Update 31 Marcela Mora-Yatko Transportation Mobility Marcela has four years of experience as a planner, working on a diverse array of projects, including compatibility and community planning projects. Marcela is a vital team member, combining planning and community outreach with data analysis and writing. Through her project involvement, she brings experience and lessons learned from a wide variety of communities across the United States. Relevant Experience Glenview Comprehensive Plan Update | Glenview, Illinois Marcela provided planning support for the update to the Village of Glenview’s Comprehensive Plan. As a mature, well-managed community, Glenview was beginning to experience redevelopment pressures. To address this challenge, the process focused on 14 subareas, including downtown, to establish compatibility and site design standards for redevelopment. Buckeye General Plan Update | Buckeye, Arizona The Buckeye General Plan set a framework for the future growth in Buckeye for the year 2040. The plan took into consideration future population growth, existing zoning, and other land use-related factors to create a vision for the future of the city, which included future land uses, transportation and circulation, the natural environment, and economic development. Marcela was extensively involved in public outreach, including preparing for and facilitating public workshops and stakeholder meetings. She regularly met and interacted with stakeholders, to garner public input, which was analyzed and incorporated into the General Plan policies, implementation actions, and future land use mapping. Peoria General Plan Update | Peoria, Arizona The Peoria General Plan is being developed to accommodate emerging development trends and population growth throughout the city, and guide decisions related to land use, public services, infrastructure, and resource management. During the General Plan update process, Marcela has been involved in public outreach, including preparing for and facilitating public workshops and open houses, and preparing outreach materials to post on various forums, such as the online project website. The feedback received from the public and other stakeholders has been used to draft the goals, policies, and implementation tasks in the General Plan. Hagåtña Design Guidelines | Hagåtña, Guam The Hagåtña Design Guidelines establish development requirements in support of the vision for future development as envisioned in the Hagåtña Master Plan. Marcela assisted with the research and development of the design guideline recommendations, which included recommendations for public spaces, architectural design, site design, and signage. The recommendations in the Design Guidelines were developed based on historic, cultural, and social assets, and are consistent with the Hagåtña Zoning Code. Areas of Expertise Military Compatibility Planning Land Use Planning Community Planning Public Outreach / Engagement Transportation Planning General / Comprehensive Planning Master Planning Strategic Planning Education B.A – Urban Planning, Arizona State University B.A. – Sustainability, Arizona State University Professional Registrations / Affiliations Arizona Chapter of American Planning Association American Planning Association DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 622 32 Personnel Marcela Mora-Yatko Travis AFB JLUS | California Marcela aided in the development of the Travis AFB JLUS in central California. Although alternative energy development was a key focus of the JLUS, the communities immediately surrounding Travis AFB, including Solano County, have implemented measures to limit future wind energy development due to its impacts to Travis AFB’s missions. There is an existing large wind energy facility south of the installation, which Travis AFB has developed workarounds to manage the impacts associated with radar interference. The JLUS provided additional recommendations to coordinate with neighboring counties to manage wind energy development on a regional scale. Keesler AFB JLUS | Mississippi Marcela was a planner that addressed issues related to the mission at Keesler AFB on the coast of Mississippi. Due to the location of the military installation in an urbanized area, part of the process for this JLUS was to evaluate existing and future land uses, derived from jurisdictional comprehensive plans, to determine incompatible land uses within safety zones and noise zones. Through this evaluation, strategies were developed to mitigate future incompatible land uses in these areas. Ellsworth AFB JLUS | South Dakota Marcela was a planner on the Ellsworth AFB JLUS, which comprises facilities of more than 6,000 acres. The JLUS was developed to address encroachment issues related to alternative energy development, vertical obstructions, land use, safety, and noise among other factors. The JLUS sought to encourage cooperative land use planning surrounding the installation to sustain the military mission. Vance AFB JLUS | Enid, Oklahoma Marcela was a planner on the Vance AFB JLUS to address encroachment issues related to alternative energy development, frequency spectrum impacts, land use, and critical habitats, among other factors. In partnership with the community, the project for the installation, which comprises 3,188 acres between Vance AFB proper and Kegelman Air Force Auxiliary Field, is addressing the land use challenges between the community and the needs of Vance AFB to maintain the mission DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 623 A Proposal: City of Denton Comprehensive Plan Update 33 Stephen Werner Economic & Demographic Analysis Stephen brings more than eight years of experience in economic development with a focus on real estate market studies, economic impact assessments and fiscal impact analysis. He has completed numerous real estate market studies, financial feasibility studies, redevelopment plans, and economic impact assessments. He has also specialized in the analysis of development trends, re- development projects, economic development partnerships and strategies for planning and redevelopment projects for local, state, and defense communities. Stephen’s key skills are based on a foundation of comprehensive research and analysis. He brings to every project his critical thinking and problem-solving talents that generate creative solution sets. Relevant Experience Santa Rosa County District 4 Master Plan | Florida Stephen was an Economic Analyst on the Santa Rosa County District 4 Master Plan. He assisted in creating a Master Plan with the Development Services Department of Santa Rosa County. Together the Matrix Team collected and analyzed primary source data from Santa Rosa County and secondary source data from other organizations relevant to the Navarre, Florida area. Redevelopment Analysis | Mesa, Arizona Stephen was charged with evaluating two potential redevelopment areas in proximity to downtown Mesa. The focus was two-fold: first, to assist with evaluating the characteristics of individual properties for determining blight conditions; and second, to evaluate the potential impacts of redevelopment, including overall cost, changes in tax base, job creation, and other key metrics. Abilene Compatibility Study | Abilene, Texas Stephen served as the Economic Analyst on this community-based project that showed urban development in the area around an Air Force Base that required limiting future impacts. Stephen developed the economic analysis for the compatibility study that identified new areas of which supported both economic development and preservation of military missions. San Antonio Compatibility Study | San Antonio, Texas Dealt with the need to preserve and maintain training operations and future growth. Stephen developed economic baselines for the surrounding communities that presented areas of potential economic development and the impacts of development areas near the installation. Stephen was an influential component in the coordination between the communities and the military to create formal processes. Redevelopment Plan | PuebloPlex, Colorado Utilizing IMPLAN modeling matrices, Stephen assisted in estimating the annual economic impacts to jobs and Gross Regional Product associated with the closure of the Pueblo Chemical Depot and the Pueblo Chemical Agent Destruction Pilot Plant. Additionally, the impacts of the region’s redevelopment efforts were estimated over a 30-year development horizon. Areas of Expertise Economic Modeling and Simulation Fiscal Impact Assessment Real Estate Market Assessment Financial Feasibility Redevelopment Analysis Economic Diversification Business Performa Data Analytics Education B.S. - Economics, Arizona State University Professional Registrations / Affiliations American Planning Association National Association of Business Economics DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 624 34 Personnel Stephen Werner Guam Fiscal Impact Analysis | Guam Stephen facilitated the evaluation of the Government of Guam’s ability to effectively provide government services, programs, and facilities for the people of Guam; determine fiscal impact of the buildup on Guam and developed strategies to address buildup-related budget shortfalls utilizing economic modeling and fiscal analysis. Economic Study | Hampden-Mechanicsburg, Pennsylvania Stephen assisted with assessing local and federal data which served as the foundation for developing a baseline economic impact analysis focusing on current, future, direct, and indirect impacts within the Study Area localities. Risk Assessment of Commonwealth of Virginia Defense Communities | Virginia As part of this statewide initiative to assess Virginia’s military installations, Stephen assisted in providing comprehensive estimates as to the fiscal implications of eliminating the income tax on military pension payments for the Commonwealth’s Retired Military Service Personnel population. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 625 PROPOSAL Project Experience DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 626 A Proposal: City of Denton Comprehensive Plan Update 35 Project Experience Comprehensive plans must identify and embrace each community’s vision, principles, and ideals for the future. It is not enough to simply prepare a plan and expect that it will be achieved on its own. Developing a plan requires extensive outreach to, and input from, a broad cross-section of residents, businesses, community organizations, and other stakeholders. Matrix brings extensive experience in the development of land use studies and plans for cities and counties around the United States. From rural towns and counties to large metropolitan areas, our planners have worked on the blueprints used to guide community growth and resource management decisions. Having worked on land use studies and plans for smaller communities across the United States, we can leverage our experience to bring innovative ideas and best practices to suit the needs of Denton and its citizens. Some of the successful comprehensive and general plan projects we have conducted are described below. Reference information for the Santa Rosa, Newport, and Buckeye projects is included in the bid invitation form submitted separately. Southside Community Specific Plan, Flagstaff, Arizona The Flagstaff Southside is a historic, culturally diverse neighborhood in central Flagstaff that is experiencing development pressure as Northern Arizona University continues to expand, encroaching into nearby areas and impacting the affordable housing market. Matrix assessed the local housing market and developed a community-specific outreach plan to better understand the difficult challenges the Southside and other neighborhoods have faced throughout Flagstaff’s history, current views of those trends and events, existing relationships with local government, and residents’ goals moving forward. The Team leveraged traditional stakeholder interviews; on-the-street, “pop-up” engagement opportunities; storytelling events; and interactive workshops to connect with and gain insight from community members, city leaders, local developers, and non-profit organizations. Our approach and the continual re-evaluation and adjustment of methods throughout the life of the project has helped city leaders to rebuild community trust and provided Flagstaff with a better understanding of housing issues and strategies for mitigating them. This project was recently recognized by the International Association of Public Participation (iap2), receiving the 2020 International Award for public engagement. Please find project reference in this proposal. https://tinyurl.com/FlagstaffSouthside DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 627 36 Project Experience Make Marana 2040 General Plan Update, Marana, Arizona The Make Marana 2040 General Plan is a comprehensive, broad-range plan developed by Matrix Design Group for the Town of Marana, Arizona, a destination suburb of Tucson and home of the Ritz-Carlton Dove Mountain 5-start resort. With the increasing need to accommodate rapid population and economic growth while accounting for environmental resources and the vitality of the community, a general plan update became a top priority. Matrix evaluated and assisted Marana through future land use analysis, with plans for prospective development, allowing new investment to align with current values and goals through the development of a 5-year implementation strategy that closely aligned with the community Capital Improvement Plan and City-wide budget. The residents of Marana had an important role in developing the plan, and their input throughout the process was extensive and ongoing. Three public workshops, two open houses, surveys, and other community events were held throughout the span of the project. Community members, town staff, the town planning commission, town council, a plan advisory committee, The Marana Citizens’ Forum, and other focus groups were involved continuously in crafting the plan. Throughout all these initiatives, the general plan update focused on goals and policies that create a town which the citizens of Marana can be proud to call home, while being economically sound for all. Efforts to support and maintain arts and culture, recreation, public safety, and conservation continue to uphold Marana’s identity as a well-rounded town with a lot to offer. Please find project reference in this proposal. Newport Comprehensive Plan, Rhode Island The City of Newport, RI covers an area of approximately 11.5 square miles with a relatively small permanent population and robust tourism, around 3.5 million visitors annually. Matrix community planners updated the City of Newport’s Comprehensive Plan with an eye to addressing potential sea level rise, diversifying the economy, the declining population, changing demographics, community preservation, aging infrastructure, and public education. The State of Rhode Island has implemented a system of planning that closely ties state, regional, and local policies and goals together to create a comprehensive, long-range program. The system has been in place since 1988, and helps avoid or mitigate conflicting actions, helps citizens prioritize funding, and generally enhances the population’s ability to accomplish common objectives. The multi-faceted update to the Comprehensive Plan was intended to guide the City through the next twenty years, managing land use and housing, maintaining a healthy and vibrant community, and addressing sustainable systems and stewardship of resources. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 628 A Proposal: City of Denton Comprehensive Plan Update 37 Public outreach was a significant factor in the planning process. It included three public workshops and a community forum, as well as stakeholder interviews and meetings with City Council and various Newport committees and planning boards. The City also made use of a project website, eBlasts, and media outreach. City of Bixby Comprehensive Plan, Oklahoma The City of Bixby, located south of Tulsa, Oklahoma, enjoys the proximity of being near the “Big City” in the metropolitan area of Tulsa and adjacent to small town communities. The city is also blessed with natural and historic resources and has many opportunities for growth and economic development. It is an area of diverse landscapes, consisting of open spaces and agriculture throughout the city, growing urban areas in and near downtown and the center of the city, and the Arkansas River that traverses the city and provides numerous opportunities for riverfront development and recreational amenities. The Comprehensive Plan provided strategies to build upon these assets with development strategies protecting sensitive areas while guiding growth to appropriate areas through infrastructure investment. The Plan was also updated to be easier to understand and implement. It is made up of five chapters with three themes grouped by similar topic areas, or “elements,” to aid the reader’s understanding and the City’s implementation. The elements within each theme provide goals and policies that guide future growth and development. The Comprehensive Plan received wide-ranging support from citizens and the development community and unanimous support from appointed and elected officials. City of Buckeye General Plan Update, Arizona The City of Buckeye General Plan update was ratified by voters in August 2018. At 592 square miles, Buckeye has the largest Municipal Planning Area (MPA) in Maricopa County with much of this land area previously entitled. One of the challenges addressed as part of this update was the engagement and buy-in of the landowners and developers of previously entitled land while ensuring that long-term fiscal impacts to the City were properly mitigated and assessed fairly on new development as well as existing residents. Matrix used innovative community engagement techniques such as sMap and CommunityViz to help identify issues and opportunities. Buckeye’s major challenges have involved economic development, accommodating major transportation corridors, water supply, and un-focused development. The General Plan Update project involved extensive public outreach, visioning and alternatives planning, existing entitlement review, existing conditions assessment and report, and scenario planning. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 629 38 Project Experience Santa Rosa County District 4 Master Plan, Florida Matrix created a Master Plan for Santa Rosa County’s District 4, which includes Navarre, an unincorporated community in the county. The Matrix Team collected and analyzed primary source data from Santa Rosa County and secondary source data from other organizations relevant to the Navarre area. Navarre (population 35,378) is located in the northwest Florida Panhandle on the eastern end of a peninsula created by Santa Rosa Sound, East Bay, East Bay River and Pensacola Bay. It is a bedroom community for mostly U.S. military personnel, federal civil servants, local population, retirees and defense contractors. Due to its proximity to Navarre Beach (population 1,079) and its four miles of beach front on the Gulf of Mexico as well as the Gulf Islands National Seashore, it has a small but growing community of nature enthusiasts and tourists. Santa Rosa County is also well known as a family-friendly destination. Beginning with a comprehensive assessment of the County’s current plan and existing conditions, the Master Plan addressed all aspects of development within District 4, including architectural standards, densities and intensity, signage, parking, public uses, open space, and gateway enhancement. Additionally, we collected data related to transportation, streets, existing roadway right-of-way, traffic count data, information from the Santa Rosa Code, Northwest Florida Regional TPO, and County Long-Range Transportation Plan. Other factors considered in this Master Plan included historical structures and area history, including architectural and thematic elements that were used in the Master Plan, a visual survey of the surrounding area’s aesthetics and character, existing or proposed County-sponsored projects or private developments, population demographic data, housing data, economic data and incentive programs. We also addressed environmental issues and constraints, parcel boundary maps and deed restrictions on properties. We also utilized GIS data from Santa Rosa County. Matrix initiated a public participation program, to include stakeholder and public involvement through creating awareness by advertising the project and gaining hands-on public input. Matrix developed three conceptual land use alternatives for District 4. The alternatives were based on the result of the County staff charrette and the public input provided during public workshops. Each alternative depicts land uses including housing density and types, by acreage, building heights, estimated building square footage, and vehicular and pedestrian circulation. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 630 PROPOSAL Approach and Scope DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 631 A Proposal: City of Denton Comprehensive Plan Update 39 Approach and Scope Project Understanding As a fast-growing community, Denton is beginning to feel the strain on City infrastructure and services. Since this growth pressure is projected to continue into the future, it is important to understand how growth is affecting the quality of life of Denton residents. Measuring multiple dimensions of quality of life is indispensable when determining long term sustainability of intensive development within the City of Denton. Adopted in 2015, the City’s Comprehensive Plan, Denton Plan 2030, provides a broad and thorough roadmap for growth and development. This 5-year assessment will allow the City to not only evaluate the progress towards reaching the plan’s goals, but will also give the City the opportunity to develop an objective and outcome-based measurement of the plan and develop a longer-term benchmarking system for understanding how quality of life is affected by development. This proposal describes the methodology that will be used to establish the evaluation framework and to calculate baseline sustainability indicators to evaluate the plan as well as indicators that can be used on an annual basis going forward. We provide an overview of the process for selecting indicators and their respective targets. Then we provide a description of specific indicator data sources, assumptions, and calculations. Quality Assurance / Quality Control To ensure that all community input is properly documented and considered and, just as important, to ensure that all statutory requirements are met, Matrix maintains a comprehensive and detailed Quality Assurance/Quality Control (QA/QC) process. The quality of our work is something that Matrix holds to be of paramount importance. Our reputation and success as a firm depend upon it. Matrix’s Project Director will serve as the quality control manager for the work under this contract. The Project Manager works with all team members to prepare a project Quality Assurance Plan (QAP) that highlights the processes and tools to be used and identifies the milestone reviews and design review procedures that will take place during the project. Quality control procedures include checklists that are marked during the review, and then checked as the revisions are made to address anything that requires attention. Reports, plans, narrative documents, exhibits, etc. are all reviewed and redlined using an appropriate review checklist as a guide in addition to the professional expertise of the reviewer. The redline document is used while the revisions are made, and then the redlines are highlighted as the specific corrections are completed. The Project Manager will be the single point of contact for all parties involved with the project and will be responsible for disseminating information as necessary and appropriate among them. The Project Manager is also kept apprised by the City’s point of contact and provides back up and support for the staff member to ensure that all project information is communicated timely and efficiently. By instituting this quality control process, the collaboration among disciplines and staff will be enhanced and the consistency of work products will be dramatically improved. This detailed quality control process will allow team members to spend less time trying to interpret the intent of the plans and avoid making assumptions that are not consistent the City’s goals. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 632 40 Approach and Scope Approach Method of Approach The Matrix approach is grounded in this simple philosophy: listen to the client’s needs and engage the community to provide integrated solutions to design and build a livable, healthy, and resilient community. This philosophy results in more usable planning and implementation documents that provide a range of innovative alternatives specifically tailored to each community’s unique identity and situation. We help turn vision into reality by understanding when to preserve, protect, sustain, or enhance the best characteristics of a community’s built and natural environments. In our approach, we provide a robust engagement process while mitigating the impact on the project budget. We do this by working out of our Texas office and making the most of the weeks that we are in Denton. During these week- long site visits, our team focuses on conducting interviews, small group meetings, field research, charrettes with City staff and committees, and addressing the tasks associated with this project. This allows us to bring staff to Denton to move the project forward and provide assistance with public engagement as well. For example, in discussion with the City Project Manager, we may determine that a combination of meetings throughout the study area is necessary or that meetings need to occur at various times throughout the day. Additionally, we recognize that the practice of community engagement has changed, with more and more residents and businesses wanting to participate from the comfort of home or work. For our workshop events, if the City can provide location(s) with appropriate internet access, we can live stream these events and have tools that allow participants to participate remotely in workshop activities. From our previous experience, we are confident that we can provide numerous opportunities for engagement throughout the planning process. This is more important now than ever as we all adjust to our current, socially distant approach to community gatherings. In the Denton Plan 2030 the City laid out a comprehensive vision for overall growth and development. Since that time, the City has experienced increasing development pressure. In order to ensure that development meets the policies of the Comprehensive Plan, Matrix proposes a method for assessing the impacts of development utilizing Growth and Development Indicators, specific to Denton’s needs. Specifically, the purpose of this approach is to provide for continued quality of life for residents and businesses in Denton through sustainable development decisions that minimize unplanned impacts to the built and natural environment. Matrix will identify an evaluation framework to provide decision-makers the information to access 1) what trends will influence development; 2) what local decisions the City can make; and 3) how to evaluate projects based on established policies. Evaluation – Growth and Development Indicators The project evaluation approach is outlined below: ◼ Project Initiation. The project management Team will gather and analyze a wide range of data, prior studies, and research similar indicator projects from across the country. ◼ Baseline Indicator Report. Using the information provided from City staff, Matrix will conduct an analysis of existing conditions to establish baseline indicators. ◼ Sustainability Targets. Matrix will work closely with City staff and stakeholders to develop specific targets for each indicator to evaluate future development based on its ability to move the City toward these targets. ◼ Community Profile – Comprehensive Plan Assessment. The Community Profile – Comprehensive Plan Assessment will detail the scoring system for plan evaluation and actions pertaining to targeting infrastructure projects, network improvements, policies, and administration duties as a means to improve evaluation scores. The purpose of this evaluation is to provide a concise review and assessment of the Denton Plan 2030 to ensure long-term sustainability. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 633 A Proposal: City of Denton Comprehensive Plan Update 41 Indicator Selection The process for selecting initial indicators will be iterative, where the project Team will seek to identify measures that are accurate representations of the specific sustainability value, publicly available, and measured at the appropriate geographic coverage. Once the initial indicators were selected, the project Team will present the draft indicators to City staff for feedback and refinement. During this collaborative process, additional indicators will be considered. Each indicator will have a baseline measure, calculated using publicly available data sources that can be updated over time. Target Setting A key aspect of the framework is to evaluate development on its potential to move the City closer to its adopted goals. To accurately assess development, each indicator must have a baseline and a target. Using the baseline measures, the project Team will consult regional trends and work with City staff to set directional and numerical targets for each indicator. Since Denton has less control over its ability to change Regional Indicators, only directional targets (grow, maintain, reduce) will be set for these indicators. Directional and numerical targets will be set for local indicators based on its baseline measurement (i.e. grow the baseline by 10%). The value will be set by analyzing regional trends, comparing the City to national benchmarks and/or averages, and by consulting City staff. Indicator Measurement Assumptions and Calculations Denton’s Indicators will be drawn from numerous organizations and will be modified to best represent the impact of development on the City’s sustainability values and associated Comprehensive Plan components. Data sources will range from very large institutions like the U.S. Census and the Environmental Protection Agency to local organizations like NCTCOG and Denton County. Some of the selected indicators simply represent percentages or counts from easily accessible and widely cited data sources. Some indicators may have specific assumptions and/or unique calculations. Below are examples of these indicators: ◼ Parks & Open Space per 1,000 residents. The baseline score for this indicator will be captured from the City’s parks and recreation master plan. ◼ National Walkability Index. The National Walkability Index is a calculation designed to show the relative walkability of a specific area. Walkability is measured on a scale from 1 to 20 with 20 being the most walkable. The index is calculated by the U.S. Environmental Protection Agency (EPA) for all Census Block Groups across the country. The index accounts for many EPA identified indicators such as the employment mix, employment and occupied housing mix, street intersection density, and the predicted commute mode split. Data for this index is included as part of the EPA Smart Location Mapping database. For this indicator, the project Team will compare to communities surrounding Denton. ◼ Intersection Density. Street intersection density is measured as the number of pedestrian-oriented intersections located within the census block group per square mile. This number is a component of the National Walkability Index and is available through the EPA for all Census Block Groups across the country. This indicator can be measured overtime within a region and also calculated on a per development basis by dividing the number of pedestrian intersections/connections by the square footage of a development. ◼ Tax Revenue Per Acre. Tax revenue per acre is calculated by dividing the total tax revenue a municipality by the municipality’s total acreage. This calculation standardizes the measurement in order to compare how much value is in a region across municipalities that may generate more overall tax revenue simply because its larger geographic size. This measure can be compared overtime as taxable value and revenue increases or decreases in a municipality. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 634 42 Approach and Scope ◼ Increase in Taxable Value Per Acre. Taxable Value per acre can also be measure on site specific level. This indicator is calculated by dividing the Stated Equalized Value for a given property by its acreage. This number shows how valuable the development and use are in terms of the amount of space the parcel takes up. This indicator can also be measured in terms on its expected increase or decrease due to use changes or construction. As a new site is proposed for development, the City can evaluate how much the proposed development will add to the taxable value per acre. ◼ Cost of Living Index. The Cost of Living Index measures relative price levels for consumer goods and services. The average for all participating places, both metropolitan and nonmetropolitan, equals 100, and each participant’s index is read as a percentage of the average for all places. This measure shows how specific elements of life (Groceries, Health, Housing, Utilities, Transportation, and Miscellaneous) compare to other cities and how the expense of those elements relates to the national average. Cost of living data is derived from various sources including the US Census, Bureau of Labor Statistics – Consumer Price Index, Consumer Expenditure Survey, and National Association of Realtors and is available through Sperling’s BestPlaces datasets. Sperling’s BestPlaces is a website created and maintained by the author and researcher Bert Sperling and is used as a source in numerous studies analyzing quality of life. ◼ Housing Units Per Acre. Housing units per acre is a common measurement to capture density of an area. Using the American Community Survey 2017 estimates the project Team will calculate the housing units per acre of a block group by dividing the total housing units within the block group by the acreage of the block group. By dividing by acreage, the measurement is standardized so that it can be compared across block groups. This number can also be calculated on a development basis by dividing the number of proposed units by the acreage of the site. ◼ Crime Index. The crime index is measured similar to the Cost of Living Index where crime rates in participating municipalities are indexed from 1 to 100 with 1 being low crime and 100 the most crime. The crime index is measured separately for Violent Crime and Property Crime. ◼ Emergency Response Time Coverage. The National Fire Protection Association standard emergency response time for municipal services is 9 minutes. This indicator is represented as the areas within the City that emergency vehicles can reach within the standard 9-minute response time or less depending on the City targets. ◼ Mixed-Use Percentage within the Downtown. The mixed-use percentage within the downtown will measure the proportion of commercial, industrial, and residential uses within Downtown Denton. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 635 A Proposal: City of Denton Comprehensive Plan Update 43 Utilizing this indicator approach will allow Denton to objectively assess current progress towards implementing the Denton 2030 Plan and advance the City’s sustainability goals. This will be done by establishing baseline measures, and targets to give decision-makers the tools to understand regional growth trends and a common language to discuss progress towards sustainability. The framework is not a model that computes whether a development should be approved. Instead, the indicators will be a standardization, synthesis, and fact-based comparison of various data sources that will allow decision-makers to weigh all tradeoffs associated with City decisions. This objective, fact-based approach will allow the City to enhance livability and minimize unplanned impacts to the built and natural environment. Community Engagement Plan The updated Denton Comprehensive Plan will be based on the collective community input from residents, business owners, organization and entities within the City. Matrix understands the importance of community engagement in Denton and intends to employ a Community Engagement Plan based on topical focus areas for update and improvement. These topical areas can involve citizen planning committees comprised of individuals, businesses, organizations, and entities to help inform the recommended updates to the plan. An example of the topical areas or themes can be: Downtown, New Growth, and Infrastructure and Services. Committees in these areas can guide the development of updated goals, policies and implementation strategies for the Comprehensive Plan. Importantly, Matrix’s signature approach to community engagement is flexibility. Our initial Community Engagement Plan (CEP) will be developed cooperatively with City staff. However, throughout the project, the Matrix Team will continually evaluate the success of each outreach approach and maintain the flexibility to reduce, expand, or exchange any of the techniques to achieve maximum participation. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 636 44 Approach and Scope Outreach Techniques Successfully involving a community in planning its collective future is critical to any planning process. Without the input of a broad cross-section of existing businesses, property owners, organizations, interest groups, and area residents, the community ends up with a plan that is uninspired at best and divisive at worst. Our Team is skilled at building community consensus, particularly when dealing with sensitive and hot button topics. Matrix will work with City staff to develop a CEP that uses a tailored combination of the following techniques. Due to COVID-19 protocols, all our in-person events can be conducted virtually. Each event format will be identified as best as possible during the kick-off meeting but may be changed with advance notice. *These are events indicated below. ◼ Developing a Project Brand ◼ Creating Awareness and Providing Information ◼ Advertising the Project ◼ *Community Workshops ◼ *Community Events ◼ Live and Online Polling ◼ eBlasts ◼ Brochures ◼ Comment Cards ◼ *Open Houses ◼ Interactive ESRI StoryMap ◼ Interactive Web-Based Mapping ◼ Individual Interviews ◼ Interactive Wall Mapping ◼ *Focus Groups ◼ *Working Groups ◼ *Charrettes ◼ *Advisory Committees ◼ Online and Social Media ◼ Website ◼ Web-Based Surveys ◼ Virtual Public Meetings ◼ *Site Walking Tours ◼ Visual Preference Surveys ◼ Visual Preference Recording Conducting Meetings Under COVID-19 Conditions Though in-person meetings are preferred, due to the persistent limitations on travel and group gatherings resulting from COVID-19, the Matrix Team has adapted to new ways of engagement. We actively use and are fully capable of supporting online virtual meetings using different platforms. We routinely conduct virtual stakeholder meetings, committee meetings, and public meetings in virtual environments. We have adapted the tools we use for in-person meetings for the virtual environment including virtual sign-in sheets, virtual question polling, providing documentation and mapping tools, and soliciting feedback and comments. We are agile and flexible to meet the needs of the project and ensure we provide a high level of engagement while keeping projects on schedule and budget. Existing Conditions Community Profile and Evaluation Knowledge of existing conditions within the City of Denton will give Matrix a more thorough understanding of what has changed since the last Comprehensive Master Plan and Development Code was prepared and how the City can move forward. At the beginning of the rewrite process, and prior to initiation of public involvement, Matrix will compile (including native format files whenever possible) the applicable plans, studies, analysis documents, demographics and history, maps (including GIS data), and other documents/data that currently exist within the various departments in the City of Denton that pertain to the Comprehensive Plan Evaluation and Update. Pertinent information that is contained in these documents will be reviewed in depth and used by the Matrix Team to assist in the evaluation and update. The City of Denton will provide all the existing conditions data / map GIS shapefiles and narrative for the Comprehensive Master Plan Map Atlas. Matrix will create a Map Atlas template and desktop publish the Map Atlas in InDesign using the maps and narratives the County provides and will incorporate the County’s narrative. These maps will provide background information for the Comprehensive Master Plan process and will be developed in an easy- to-use graphical format that can be easily understood by a variety of readers. The Matrix 3D Virtual Public Meeting portal is a custom public engagement tool that can be used on-demand or to facilitate live meetings. It is tailored to each clients’ specific needs. A short video depiction of this tool can be found at https://youtu.be/V2wf1yJvZ6g DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 637 A Proposal: City of Denton Comprehensive Plan Update 45 Comprehensive Plan Evaluation and Update Evaluation Early in the process, the Matrix Team will work with City staff to evaluate the existing Comprehensive Plan Evaluation and Update to determine what works, what does not work, and where the plan is not providing adequate or current guidance. Our Team will develop a comprehensive policy evaluation checklist to assist City staff in their review. The Comprehensive Plan Evaluation and Update evaluation process will provide insights on the clarity of the existing Comprehensive Plan Evaluation and Update; linkages to other plans; progress in achieving desired outcomes; and whether goals, objectives, policies, and programs should be carried forward, modified, or removed. The Matrix Team will provide clear advice to City staff on determining what can be influenced or regulated by the Comprehensive Plan Evaluation and Update, what is subject to the legal authority of the City, and what is appropriate to address through the Comprehensive Plan Evaluation and Update. Scope of Work Matrix accepts and commits to the scope of work, deliverables and expectations provided by the City of Denton in the RFP. The City’s scope of work along with additional scope items and deliverables recommended by Matrix are reflected in the Work Plan provided below. This work plan has been organized to group like items together, however in the event of a conflict or oversight, the City’s defined scope of work and deliverables controls. A detailed scope of work will be developed at the time of selection and prior to the project Team kick-off meeting. The scope of work will follow the work plan below, and budget provided in the following section. Work Plan For project scheduling, Matrix will work with the City of Denton during the initial kick-off meeting to develop a detailed project schedule that considers preparation time, document review periods, and timing of scheduled meetings for the stakeholders. This detailed schedule will be used to track the ongoing progress of the project and ensure that any potential issues (and suggested responses to them) are communicated and coordinated with the client as soon as they are identified. Our process results in on-time delivery of products. The only changes in project schedule we have encountered have been associated with client requests to included additional public meetings or coordination, or simply changing timeframes to better fit local needs, e.g. avoiding meetings during the summer months and during holiday seasons. As some small changes inevitably occur over the life of a project, Matrix designs project schedules to be flexible to meet the needs of these project shifts. This built-in flexibility is often a key to maintaining the dates of key deliverables and meeting the schedule to complete the project when it is expected. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 638 46 Approach and Scope DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 639 PROPOSAL Pricing DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 640 A Proposal: City of Denton Comprehensive Plan Update 47 Fee Schedule Matrix will perform the Denton CPU on time and within the firm fixed price budget of $91,920, which includes all direct and indirect costs. We take pride in providing the agreed upon scope of work within budget without asking for additional funds. Over the course of our past CPU projects, budget changes have only occurred as a result of a client-requested addition of tasks to the scope of services and this has only occurred in a few projects. Unless a client makes such an additional request, our projects finish within the budgets provided and agreed upon at the start of the process. With experience in conducting over 100 CPU projects, our budgets are not as much estimates as they are reflections of our knowledge of what it takes to develop an outstanding product. We are flexible and understand that levels of effort and scopes may need to be refined and if required, welcome the opportunity to work with the City of Denton to refine our scope to meet your budget needs while still providing you a quality product. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 641 48 Pricing Technical Work 1.Project Initiation and Management 29 20 22 28 38 $0 $19,840 Branding / Report / Document Outline and Format 1 4 8 $1,540 City Staff (Core Team) Kick-Off Technical Committee Meetings (8 Core Team and Technical Committee Meetings) 8 8 8 4 4 $4,980 Citywide Evaluation of Existing General Plan 2 4 4 8 4 $3,100 Existing Data Compilation 1 8 8 14 $4,120 Informational Brochure #1 (Overview)1 2 4 8 $1,900 Project Management 16 8 $4,200 2. Major Issue Evaluation 8 18 8 32 40 $0 $13,610 Economic and Demographic Analysis 2 8 8 8 $3,280 City Budget Assessment 2 4 $900 CIP Budget Assessment 2 4 4 $1,620 Existing Conditions Community Profile 2 2 4 24 32 $7,810 3. Plan Assessment and Update 16 8 28 88 48 $0 $25,920 Current / on-going Plan(s) Assessment 2 4 8 $2,200 Initial Assessment Summary 2 2 8 16 16 $5,850 on-going Plan Coordination (mobility, parks, etc.)2 4 $1,120 Community Workshop #1 2 2 4 16 $3,530 Comprehensive Plan Update 8 4 8 48 32 $13,220 4. Special Topic Charrettes 6 4 8 32 28 $0 $10,260 Downtown, New Growth Areas, Economic Development, City Infrastructure and Services 4 2 4 16 8 $4,730 Community Workshop #2 2 2 4 16 20 $5,530 5. Public Outreach Plan 30 26 24 32 44 $0 $22,290 Public Participation Plan 2 8 8 $2,280 Individual Interviews 8 8 8 $4,040 Focus Groups 8 8 8 $4,040 Informational Brochure #2 (Workshop Results)1 2 4 8 $1,900 Community Open House #1 2 2 4 16 20 $5,530 P&Z Updates and Hearings 4 4 $1,300 City Council Updates and Hearings 4 4 $1,300 Informational Brochure #3 (Executive Summary)1 2 4 8 $1,900 Deliverables 0 0 0 0 0 $0 $0 To be provided per RFP Scope and Proposed Schedule Work Plan. Costs included with overall proposed budget. $0 $0 Total hours / units 89 76 90 212 198 Billing rates $200 $125 $180 $135 $100 Subtotals $17,800 $9,500 $16,200 $28,620 $19,800 Labor Total Direct Expense Subtotals $0 GENERAL PLAN TOTAL (Technical Staff + Expenses)$91,920 Denton Comprehensive Plan Evaluation and Update Project Personnel Costs by Hours Direct ExpensesProject ManagerDeputy Project ManagerTask LeadsTask Support StaffGraphics and GISTeam Total Tasks $91,920 DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 642 Photo Credits: Robson Ranch Texas, with permission, Mark Boisclair; Downtown Denton Transit Center, Michael Barera, Wikimedia.com; Denton County Courthouse, Mick Watson, Flickr.com; Downtown Denton Town Square, Steven Wagner, Wikimedia.com; Texas Women’s University, Michael Barera, Wikimedia.com DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 643 Anniston, AL • Atlanta, GA • Colorado Springs, CO Denver, CO • Niceville, FL • Parsons, KS Phoenix, AZ • Sacramento, CA • Tamuning, GU Texarkana, TX • Washington, DC DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 644 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 12 of 18 Exhibit C CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A- VII or better. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 645 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 13 of 18 • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 646 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 14 of 18 • Coverage B shall include personal injury. • Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: • Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: • any auto, or • all owned, hired and non-owned autos. [X] Workers’ Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 647 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 15 of 18 naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [X] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a “blanket” basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 648 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 16 of 18 ATTACHMENT 1 [ ] Workers’ Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 649 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 17 of 18 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 650 City of Denton, Texas Contract 7416 Standard Agreement for Engineering Related Design Services Revised Date: 9/11/18 Page 18 of 18 materially affects the provision of coverage of any person providing services on the project; and 7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 651 Exhibit 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. 1 Name of vendor who has a business relationship with local governmental entity. 2 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 Name of local government officer about whom the information in this section is being disclosed. 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? 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? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: 23B06E14-FED0-4F81-96E6-C9FB1714D323 D Matrix Design Group, Inc. X NA X 12/11/2020 X NA X 652 Certificate Of Completion Envelope Id: 23B06E14FED04F8196E6C9FB1714D323 Status: Completed Subject: Please DocuSign: City Council Contract 7416 Update to Comprehensive Plan Source Envelope: Document Pages: 79 Signatures: 6 Envelope Originator: Certificate Pages: 6 Initials: 1 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 12/1/2020 8:03:34 PM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/1/2020 8:08:42 PM Viewed: 12/1/2020 8:08:50 PM Signed: 12/1/2020 8:10:02 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/1/2020 8:10:05 PM Viewed: 12/2/2020 8:22:13 AM Signed: 12/2/2020 8:23:10 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/2/2020 8:23:14 AM Viewed: 12/2/2020 4:53:50 PM Signed: 12/2/2020 5:07:03 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Celeste Werner, matrix@matrixdesigngroup.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 98.177.185.65 Sent: 12/2/2020 5:07:06 PM Resent: 12/9/2020 12:04:38 PM Viewed: 12/11/2020 1:48:07 PM Signed: 12/11/2020 9:04:09 PM Electronic Record and Signature Disclosure: Accepted: 12/11/2020 1:48:07 PM ID: e2afbf2b-4066-4c7e-9e27-1e99ae8dd877 653 Signer Events Signature Timestamp Scott McDonald Scott.McDonald@cityofdenton.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 12/11/2020 9:04:12 PM Resent: 12/15/2020 12:58:22 PM Viewed: 12/15/2020 1:07:15 PM Signed: 12/15/2020 1:30:29 PM Electronic Record and Signature Disclosure: Accepted: 12/15/2020 1:07:15 PM ID: a57e3bc3-49b8-43cf-a343-7fc5d2ad5f01 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 12/15/2020 1:30:34 PM Viewed: 1/6/2021 8:24:36 AM Signed: 1/6/2021 8:25:08 AM 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) Signature Adoption: Pre-selected Style Using IP Address: 47.184.93.41 Sent: 1/6/2021 8:25:11 AM Viewed: 1/6/2021 10:32:59 AM Signed: 1/6/2021 10:33:03 AM Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/6/2021 10:33:07 AM Viewed: 1/6/2021 1:06:46 PM Signed: 1/6/2021 1:07:35 PM Electronic Record and Signature Disclosure: Accepted: 1/6/2021 1:06:46 PM ID: 378aaae7-6660-49e3-9561-4ca302e13864 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 12/1/2020 8:10:05 PM Electronic Record and Signature Disclosure: 654 Carbon Copy Events Status Timestamp Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 12/15/2020 1:30:33 PM 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) Sent: 12/15/2020 1:30:33 PM Viewed: 12/15/2020 2:07:09 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Zolaina Parker Zolaina.Parker@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Sent: 1/6/2021 1:07:39 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Ron Menguita Ron.Menguita@cityofdenton.com Security Level: Email, Account Authentication (None) Sent: 1/6/2021 1:07:40 PM Viewed: 1/6/2021 1:13:51 PM 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) Sent: 1/6/2021 1:07:41 PM 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 12/1/2020 8:08:42 PM Certified Delivered Security Checked 1/6/2021 1:06:46 PM Signing Complete Security Checked 1/6/2021 1:07:35 PM Completed Security Checked 1/6/2021 1:07:41 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 655 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. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Celeste Werner,, Scott McDonald, Todd Hileman, Rosa Rios 656 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, NetScape 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. 657 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. 658 Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: 1ED14F4B-E8F5-4482-8A46-0A017875A588 Update to Comprehensive Plan N/A Ginny Brummett 659 1 THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND MATRIX DESIGN GROUP, INC. (7416) THIS FIRST AMENDMENT TO CONTRACT 7416 (this “Amendment”) by and between the City of Denton, Texas (“City”) and MATRIX DESIGN GROUP, INC. (“Consultant”) to that certain contract executed on January 5, 2021, in the original not-to- exceed amount of $91,920.00 (the “Agreement”); for services related to the update of the comprehensive plan. WHEREAS, the City deems it necessary to further expand the services provided by Contractor to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $10,680.00 with this First Amendment for an aggregate not-to- exceed amount of $102,600.00; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (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 First 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 update of the comprehensive plan, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, 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 $10,680. 2. This Amendment modifies the Agreement amount to provide an additional $10,680 for the additional services with a revised aggregate not to exceed total of $102,600. 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 Contractor, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date_______________________________________. DocuSign Envelope ID: 1ED14F4B-E8F5-4482-8A46-0A017875A588 660 2 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT “CONSULTANT” MATRIX DESIGN GROUP, INC. By: _____________________________ AUTHORIZED SIGNATURE, TITLE “BUYER” CITY OF DENTON By: _____________________________ AUTHORIZED SIGNATURE, TITLE DocuSign Envelope ID: 1ED14F4B-E8F5-4482-8A46-0A017875A588 Scott McDonald Director 661 Exhibit A DocuSign Envelope ID: 1ED14F4B-E8F5-4482-8A46-0A017875A588 662 Certificate Of Completion Envelope Id: 1ED14F4BE8F544828A460A017875A588 Status: Completed Subject: ***Purchasing Approval*** 7416 Update to Comprehensive Plan-Amendment 1 Source Envelope: Document Pages: 4 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 9/8/2021 5:33:27 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 9/8/2021 5:34:51 PM Viewed: 9/8/2021 5:34:58 PM Signed: 9/8/2021 5:35:13 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 9/8/2021 5:35:14 PM Viewed: 9/9/2021 8:03:39 AM Signed: 9/9/2021 8:03:49 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Celeste Werner celeste_werner@matrixdesigngroup.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 71.209.222.237 Sent: 9/9/2021 8:03:50 AM Viewed: 9/9/2021 12:47:36 PM Signed: 9/9/2021 12:59:40 PM Electronic Record and Signature Disclosure: Accepted: 9/9/2021 12:47:36 PM ID: de22d330-d0ca-48be-b054-31610c32ea18 Scott McDonald Scott.McDonald@cityofdenton.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 9/9/2021 12:59:41 PM Resent: 9/9/2021 1:36:17 PM Viewed: 9/9/2021 4:19:49 PM Signed: 9/9/2021 4:20:00 PM Electronic Record and Signature Disclosure: Accepted: 9/9/2021 4:19:49 PM ID: ea099e4c-8348-43c4-ba4c-557105efdf74 663 Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 9/9/2021 4:20:02 PM Resent: 9/10/2021 1:24:34 PM Viewed: 9/10/2021 1:23:42 PM Signed: 9/10/2021 1:26:08 PM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 9/10/2021 1:26:10 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly Robinson kelly.robinson@cityofdenton.com Administrative Supervisor City of Denton Security Level: Email, Account Authentication (None) Sent: 9/10/2021 1:26:10 PM 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 9/8/2021 5:34:51 PM Certified Delivered Security Checked 9/10/2021 1:23:42 PM Signing Complete Security Checked 9/10/2021 1:26:08 PM Completed Security Checked 9/10/2021 1:26:10 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 664 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. Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Celeste Werner, Scott McDonald 665 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, NetScape 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. 666 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. 667 Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration DocuSign Envelope ID: 513B92E1-7464-4900-9E88-DCDC9EBA9146 Ginny Brummett 7416 Update to Comprehensive Plan-Amendment 2 N/A 668 7416 PSA – Amendment #2 Page 1 of 2 SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND MATRIX DESIGN GROUP, INC. PSA 7416 THE STATE OF TEXAS § COUNTY OF DENTON § THIS SECOND AMENDMENT TO CONTRACT 7416 (“Amendment”) by and between the City of Denton, Texas (“City”) and Matrix Design Group, Inc. (“Consultant”); to that certain contract executed on January 5, 2021, in the original not-to-exceed amount of $91,920.00 (the “Original Agreement”); amended on September 10, 2021 in the additional amount of $10,800 aggregating a not-to-exceed amount of $102,600 (the “First Amendment”)(collectively, the Original Agreement and the First Amendment are the “Agreement”); for services related to the update of the comprehensive plan, are hereby authorized to be performed by the Consultant. 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 $12,300 with this Amendment for an aggregate not-to-exceed amount of $114,900; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (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 Denton Comprehensive Plan, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, 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 $12,300. 2. This Amendment modifies the Agreement amount to provide an additional $12,300 for the additional services with a revised aggregate not to exceed total of $114,900. DocuSign Envelope ID: 513B92E1-7464-4900-9E88-DCDC9EBA9146 669 7416 PSA – Amendment #2 Page 2 of 2 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 _________________________. “Consultant” MATRIX DESIGN GROUP, INC.. By: _________________________________ AUTHORIZED SIGNATURE, TITLE “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _______________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: 513B92E1-7464-4900-9E88-DCDC9EBA9146 January 13, 2022 Executive Vice President Development Services Scott McDonald Director 670 Denton 2040 Comprehensive Plan Update Matrix Contract Amendment #2 Contract Amendment #2: City of Denton 2040 Comprehensive Plan Update         Exhibit A      Amendment Justification:   The original scope of work was developed and approved during the height of the COVID-19 pandemic. As such, all public engagement and public meetings were intended to be virtually attended for the duration of the project. The City of Denton has requested that Matrix attend one work session and two public hearings in-person. Draft Contract Amendment #2 identifies the hourly and travel costs necessary for one Matrix staff to attend these meetings in-person in early 2022. All tasks in the original scope of work and Contract Amendment #1 remain as originally proposed unless otherwise specifically described below.   Scope of Work:   Task 6: In-Person Work Session and Public Hearings (Amendment #2) The following tasks support the City of Denton’s request for Matrix staff to attend public meetings in-person as part of the Comprehensive Plan Update.   Subtask 6.1. City Council Work Session – 01/25/22 (in-person)   Matrix will develop the PowerPoint presentation and provide it to Denton in electronic format. One Matrix staff will attend the work session in person to present an overview of the draft comprehensive plan update and process, answer questions, and receive feedback. One Matrix staff will attend the work session virtually to observe. The City of Denton will produce hardcopies of the presentation and be responsible for all required legal notice and postings. Matrix will coordinate with the City project manager and make minor revisions to the draft comprehensive plan as dictated by the comments received. Substantive comments will require additional discussion and fee as mutually agreed by Denton and Matrix.   Subtask 6.1 Deliverable    PowerPoint presentation (electronic)    Minor revisions to the draft Comprehensive Plan (electronic)   Subtask 6.2. Planning and Zoning Commission Hearing – 02/23/22 (in-person)   Matrix will develop the PowerPoint presentation and provide it to Denton in electronic format. One Matrix staff will attend the public hearing in person to present the final comprehensive plan update and process and answer questions. One Matrix staff will attend the hearing virtually to observe. The City of Denton will produce hardcopies of the presentation and be responsible for all required legal notice and postings. Matrix will coordinate with the City project manager and make minor revisions to the draft comprehensive plan as dictated by the comments received. Substantive comments will require additional discussion and fee as mutually agreed by Denton and Matrix.   Subtask 6.2 Deliverable    PowerPoint presentation (electronic)    Minor revisions to the draft Comprehensive Plan (electronic) DocuSign Envelope ID: 513B92E1-7464-4900-9E88-DCDC9EBA9146 671 Denton 2040 Comprehensive Plan Update Matrix Contract Amendment #2 Contract Amendment #2: City of Denton 2040 Comprehensive Plan Update       Subtask 6.3. City Council Hearing – 03/01/22 (in-person)   One Matrix staff will attend the public hearing in person to present the final comprehensive plan update and process and answer questions. One Matrix staff will attend the hearing virtually to record notes. Matrix will develop the presentation and provide it to Denton in electronic format. The City of Denton will produce hardcopies of the presentation and be responsible for all required legal notice and postings. This hearing is the adoption hearing and the final legislative action for the comprehensive plan update.   Subtask 6.3 Deliverable    PowerPoint presentation (electronic)    Final Comprehensive Plan (electronic)   Project End Date:  This amendment modifies the Comprehensive Plan Update project end date to March 31, 2022.   Fee Schedule   Project: Denton Comprehensive Plan Contract Amendment #2         ODC and Printing       Travel       Subtotal Matrix Design Group     OIC   Project Manager     Planner Fee Schedule    Tasks Graphics / Editing Labor   Hours Task 6: In-Person Work Sesssion and Public Hearings (Amendment #2)  Subtask 6.1. City Council Work Session ‐ 01/25/22 (In‐Person) 10 12 2 $3,250 24 $0 $737 $3,987 Subtask 6.2. Planning and Zoning Commission Hearing  ‐ 02/23/22 (In‐Person) 10 12 2 $3,250 24 $0 $737 $3,987 Subtask 6.3. City Council Hearing ‐ 03/01/22 (In‐Person) 2 10 11 2 $3,590 25 $0 $737 $4,327 73 $12,300 $10,090      Total hours / units 2 30 35 6  Billing rate (2021) $225 $175 $110 $90    Subtotals $450 $5,250 $3,850 $540 Labor Total Direct Expense Subtotals $0 $2,210 TOTAL COSTS (Technical Staff + Expenses) $12,300 DocuSign Envelope ID: 513B92E1-7464-4900-9E88-DCDC9EBA9146 672 Certificate Of Completion Envelope Id: 513B92E1746449009E88DCDC9EBA9146 Status: Completed Subject: ***Purchasing Approval*** 7416 Update to Comprehensive Plan-Amendment 2 Source Envelope: Document Pages: 5 Signatures: 4 Envelope Originator: Certificate Pages: 5 Initials: 1 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 1/13/2022 2:53:12 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/13/2022 2:58:45 PM Viewed: 1/13/2022 2:58:58 PM Signed: 1/13/2022 2:59:53 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/13/2022 2:59:55 PM Viewed: 1/13/2022 5:22:21 PM Signed: 1/13/2022 5:22:35 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Celeste Werner celeste_werner@matrixdesigngroup.com Executive Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 67.234.241.238 Sent: 1/13/2022 5:22:37 PM Resent: 1/14/2022 4:32:54 PM Viewed: 1/15/2022 11:10:21 AM Signed: 1/15/2022 11:20:17 AM Electronic Record and Signature Disclosure: Accepted: 1/15/2022 11:10:21 AM ID: fd609199-1958-40e9-b230-9deaaf0dc71e Scott McDonald Scott.McDonald@cityofdenton.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.233.246.245 Sent: 1/15/2022 11:20:19 AM Viewed: 1/18/2022 9:23:53 AM Signed: 1/18/2022 9:24:29 AM Electronic Record and Signature Disclosure: Accepted: 1/18/2022 9:23:53 AM ID: 1ba87fd6-4538-48ea-8adf-d4841d3e1884 673 Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/18/2022 9:24:31 AM Viewed: 1/18/2022 2:06:48 PM Signed: 1/18/2022 2:08:14 PM Freeform Signing Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/18/2022 2:08:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Charlie Rosendahl charles.rosendahl@cityofdenton.com Business Services Manager Security Level: Email, Account Authentication (None) Sent: 1/18/2022 2:08:16 PM Electronic Record and Signature Disclosure: Accepted: 7/30/2021 1:03:13 PM ID: 98dcff7d-e623-4b68-9c6c-2e171195e2e4 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/13/2022 2:58:45 PM Certified Delivered Security Checked 1/18/2022 2:06:48 PM Signing Complete Security Checked 1/18/2022 2:08:14 PM Completed Security Checked 1/18/2022 2:08:16 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 674 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. 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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Celeste Werner, Scott McDonald, Charlie Rosendahl 675 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.. 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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. 676 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. 677 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A THIRD AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND MATRIX DESIGN GROUP, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JANUARY 5, 2021, IN THE NOT-TO-EXCEED AMOUNT OF $91,920.00; AMENDED BY AMENDMENTS 1 AND 2 APPROVED BY PURCHASING; SAID THIRD AMENDMENT TO PROVIDE ADDITIONAL PROFESSIONAL SERVICES FOR THE DEVELOPMENT SERVICES DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7416 PROVIDING FOR AN ADDITIONAL THIRD AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $29,737.00, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $144,637.00). WHEREAS, on January 5, 2021, by Ordinance No. 20-2578, the City awarded a contract to Matrix Design Group, Inc., in the amount of $91,920.00, to provide professional services for the preparation of a Comprehensive Plan Evaluation Report and to update the Comprehensive Plan for the Development Services Department; and WHEREAS, on September 10, 2021, Purchasing awarded a First Amendment to Matrix Design Group, Inc., in the amount of $10,680.00, for additional professional services for the Development Services Department; and WHEREAS, on January 13, 2022, Purchasing awarded a Second Amendment to Matrix Design Group, Inc., in the amount of $12,300.00, for additional professional services for the Development Services Department; and WHEREAS, the additional fees under the proposed Third Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees , 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 Third Amendment, increasing the amount of the contract between the City and Matrix Design Group, Inc., which is on file in the office of the Purchasing Agent, in the amount of Twenty-Nine Thousand Seven Hundred Thirty-Seven ($29,737.00) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment which shall be attached hereto. The total contract amount increases to $144,637.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 678 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 679 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: D26FA24C-DC2F-4C16-90F0-30D547E04244 Ginny Brummett Update to Comprehensive Plan-Amendment 3 Not Applicable 7416PSA 680 7416 PSA – Amendment #3 Page 1 of 2 THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND MATRIX DESIGN GROUP, INC. PSA 7416 THE STATE OF TEXAS § COUNTY OF DENTON § THIS THIRD AMENDMENT TO CONTRACT 7416 (“Amendment”) by and between the City of Denton, Texas (“City”) and Matrix Design Group, Inc. (“Consultant”); to that certain contract executed on January 5, 2021, in the original not-to-exceed amount of $91,920.00 (the “Original Agreement”); amended on September 10, 2021 in the additional amount of $10,680 aggregating a not-to-exceed amount of $102,600 (the “First Amendment”); amended on January 13, 2022 in the additional amount of $12,300 aggregating a not-to-exceed amount of $114,900 (the “Second Amendment”)(collectively, the Original Agreement, the First Amendment and the Second Amendment, are the “Agreement”); for services related to the update of the comprehensive plan, are hereby authorized to be performed by the Consultant. 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 $29,737 with this Amendment for an aggregate not-to-exceed amount of $144,637; and FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (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 Denton Comprehensive Plan, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, 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 $29,737. DocuSign Envelope ID: D26FA24C-DC2F-4C16-90F0-30D547E04244 681 7416 PSA – Amendment #3 Page 2 of 2 2. This Amendment modifies the Agreement amount to provide an additional $29,737 for the additional services with a revised aggregate not to exceed total of $144,637. 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 _________________________. “Consultant” MATRIX DESIGN GROUP, INC. By: _________________________________ AUTHORIZED SIGNATURE, TITLE CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS BY: ___________________________ SARA HENSLEY INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _______________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT DocuSign Envelope ID: D26FA24C-DC2F-4C16-90F0-30D547E04244 Scott McDonald Director Development Services 682 Denton 2040 Comprehensive Plan Update Matrix Contract Amendment #3 January 11, 2022 Contract Amendment #3: City of Denton 2040 Comprehensive Plan Update Amendment Justification: The City of Denton has requested that Matrix attend three additional work sessions in-person. These work sessions were not in the original scope of work or any subsequent amendments. The work sessions will include a presentation and detailed discussions about the draft comprehensive plan update. At the work sessions the Planning and Zoning Commission and City Council will provide comments to further refine the Final Comprehensive Plan. The City of Denton and Matrix anticipate these comments will create many minor revisions to the plan. Additional effort will be required to adequately incorporate the comments into the final comprehensive plan. Significant or substantial changes as per Subtask 7.5 are not part of this scope and will require additional discussion and fee. All tasks in the original scope of work, Contract Amendment #1, and Contract Amendment #2 remain as originally proposed unless otherwise specifically described below. Scope of Work: Task 7: Additional In-Person Work Sessions (Amendment #3) The following tasks support the City of Denton’s request for Matrix staff to attend work sessions in-person and incorporate additional minor revision comments into the final comprehensive plan as part of the Comprehensive Plan Update. Subtask 7.1. Project Management and Coordination Task 7.2 through Task 7.5 listed below will necessitate additional project management coordination between Matrix and the City’s project manager that exceeds the level of effort in the original scope of work. Matrix will continue to coordinate with the City project manager to review and revise presentations and the draft plan, conduct dry runs, obtain direction and comment, and provide status updates to facilitate the work sessions and other comprehensive plan update activities to bring the project to successful completion. Subtask 7.2. City Council Work Session – 02/08/22 (in-person) Matrix will develop a PowerPoint presentation for the city council work session and provide it to Denton in electronic format. One Matrix staff will attend a four-hour work session in-person to present the draft comprehensive plan elements, review policies, goals and implementation tasks, answer questions, and receive feedback. One Matrix staff will attend the work session virtually to observe the work session. The City of Denton will record a list of comments, produce hardcopies of the presentation and be responsible for all required legal notice and postings. Subtask 7.2 Deliverable  PowerPoint presentation (electronic) Subtask 7.3. Planning and Zoning Commission Work Session – 02/09/22 (in-person) Matrix will develop a PowerPoint presentation for the planning and zoning commission work session and One Matrix staff will attend a four-hour work session in-person to present the draft comprehensive plan elements, review policies, goals and implementation tasks, answer questions, and receive feedback. One Matrix staff will attend the work session virtually to observe the work session. The City of Denton will record a list of comments, produce hardcopies of the presentation and be responsible for all required legal notice and postings. Exhibit ADocuSign Envelope ID: D26FA24C-DC2F-4C16-90F0-30D547E04244 683 Denton 2040 Comprehensive Plan Update Matrix Contract Amendment #3 January 11, 2022 Contract Amendment #3: City of Denton 2040 Comprehensive Plan Update Subtask 7.3 Deliverable  PowerPoint presentation (electronic) Subtask 7.4. Joint City Council & Planning and Zoning Commission Work Session – 02/14/22 (in- person) Matrix will develop the PowerPoint presentation and provide it to Denton in electronic format. One Matrix staff will attend a four-hour work session in-person to present the draft comprehensive plan elements, review policies, goals and implementation tasks, answer questions, and receive feedback. One Matrix staff will attend the work session virtually to observe the work session. The City of Denton will record a list of comments, produce hardcopies of the presentation and be responsible for all required legal notice and postings. Subtask 7.4 Deliverable  PowerPoint presentation (electronic) Subtask 7.5. Incorporate Work Session Comments Matrix will review the comments received from the work sessions in Task 7.2, Task 7.3, and Task 7.4, incorporate minor revisions to the comprehensive plan update, and complete the final comprehensive plan update. These revisions may include minor changes to policies, goals, and implementation tasks, graphics, supporting background information, and the future land use map. Significant revisions and substantial changes which require additional research, impact the number or format of plan elements, impact document structure and format, or require considerable development of new background information, maps and exhibits, policies, and goals that are not accounted for in this scope of work are not considered minor revisions and will require additional fee. The City of Denton and Matrix will collaborate to mutually determine if the requested revisions are deemed minor or substantial/significant revisions. Subtask 7.5 Deliverable  Final Comprehensive Plan Update (electronic) Project Schedule: This project end date of March 31, 2022 is unchanged with this amendment. DocuSign Envelope ID: D26FA24C-DC2F-4C16-90F0-30D547E04244 684 Denton 2040 Comprehensive Plan Update Matrix Contract Amendment #3 January 11, 2022 Contract Amendment #3: City of Denton 2040 Comprehensive Plan Update Fee Schedule Fee Schedule GIS Graphics / Editing Labor Hours ODC and Printing Task 7: Additional In-Person Work Sessions (Amendment #3) Subtask 7.1. Project Management and Coordination 12 $2,100 12 $0 $0 $2,100 Subtask 7.2. City Council Work Sesssion - 02/08/22 (In-Person)2 24 16 2 2 $6,810 46 $0 $1,280 $8,090 Subtask 7.3. Planning and Zoning Commission Work Session - 02/09/22 (In-Person)16 10 2 $4,080 28 $0 $0 $4,080 Subtask 7.4. Joint CC / PZ Work Session - 02/14/22 (In-Person)2 18 16 2 2 $5,760 40 $0 $737 $6,497 Subtask 7.5. Incorporate Work Sesssion Comments 20 32 3 18 $8,970 73 $0 $0 $8,970 199 $29,737 $27,720 Total hours / units 4 90 74 7 24 Billing rate (2021)$225 $175 $110 $110 $90 Subtotals $900 $15,750 $8,140 $770 $2,160 Labor Total Direct Expense Subtotals $0 $2,017 TOTAL COSTS (Technical Staff + Expenses)$29,737 Matrix Design Group OIC Project Manager PlannerTasks Project: Denton Comprehensive Plan Contract Amendment #3 Travel Subtotal DocuSign Envelope ID: D26FA24C-DC2F-4C16-90F0-30D547E04244 685 Certificate Of Completion Envelope Id: D26FA24CDC2F4C1690F030D547E04244 Status: Sent Subject: Please DocuSign: City Council Contract 7416 Update to Comprehensive Plan-Amendment 3 Source Envelope: Document Pages: 6 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 1 Ginny Brummett AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 Ginny.Brummett@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 1/18/2022 2:01:14 PM Holder: Ginny Brummett Ginny.Brummett@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Ginny Brummett ginny.brummett@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 1/18/2022 2:05:33 PM Viewed: 1/18/2022 2:05:46 PM Signed: 1/18/2022 2:06:11 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/18/2022 2:06:13 PM Viewed: 1/18/2022 2:37:11 PM Signed: 1/18/2022 2:37:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.191.210.54 Sent: 1/18/2022 2:37:33 PM Viewed: 1/19/2022 5:21:34 PM Signed: 1/19/2022 5:22:43 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Celeste Werner celeste_werner@matrixdesigngroup.com Executive Vice President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 67.234.241.238 Sent: 1/19/2022 5:22:45 PM Resent: 1/20/2022 12:59:13 PM Viewed: 1/21/2022 2:37:22 PM Signed: 1/21/2022 2:39:11 PM Electronic Record and Signature Disclosure: Accepted: 1/19/2022 6:25:49 PM ID: 1c3d271f-c169-436b-aa84-0f6b99d660ce 686 Signer Events Signature Timestamp Scott McDonald scott.mcdonald@cityofdenton.com Director Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.233.246.245 Sent: 1/21/2022 2:39:14 PM Resent: 1/21/2022 3:46:36 PM Viewed: 1/21/2022 4:03:40 PM Signed: 1/21/2022 4:04:32 PM Electronic Record and Signature Disclosure: Accepted: 1/21/2022 4:03:40 PM ID: f5ca90a6-3b3f-44d3-9b18-229c0650f819 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/21/2022 4:04:34 PM 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: 1/19/2022 11:48:48 AM ID: 9d82fccf-8fa9-4ffa-98e1-075f8c9d2d8e 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/18/2022 2:06:13 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign 687 Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 1/21/2022 4:04:35 PM Viewed: 1/21/2022 4:05:45 PM 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 Charlie Rosendahl charles.rosendahl@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/30/2021 1:03:13 PM ID: 98dcff7d-e623-4b68-9c6c-2e171195e2e4 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/18/2022 2:05:34 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 688 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. 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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Celeste Werner, Scott McDonald, Rosa Rios, Charlie Rosendahl 689 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.. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-113,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager to allow the Mountain Bike Trail Rental Agreement to be used as an agreement between the City of Denton Parks and Recreation Department and potential park rental groups for mountain bike events in the parks; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™692 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks & Recreation CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager to allow the Mountain Bike Trail Rental Agreement to be used as an agreement between the City of Denton Parks and Recreation Department and potential park rental groups for mountain bike events in the parks; and providing an effective date. INFORMATION/BACKGROUND The City of Denton rents our park facilities to groups who wish to host mountain bike trail events. Reservation of City of Denton parks is administered by the Parks and Recreation Department to ensure compliance with adopted facility regulations and policies. This agreement ensures that City of Denton policies and procedures are being followed by the event host. The agreement outlines fees, insurance requirements, and other rules/policies that the renter is required to follow. RECOMMENDATION Adoption of the ordinance empowering the City Manager or designee to sign the annual Mountain Bike Trail Rental Agreement. ESTIMATED SCHEDULE OF PROJECT This is a yearly agreement that will need to be signed annually. FISCAL INFORMATION Revenue will be received into the Parks and Recreation Department to offset related expenses for events as well as for the facility. EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Ordinance Exhibit 3- 2022 Mountain Bike Agreement Respectfully submitted: Nikki Sassenus, Parks & Recreation Prepared by: Jason Barrow, Athletics Manager, Parks & Recreation City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 693 ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO ALLOW THE MOUNTAIN BIKE TRAIL RENTAL AGREEMENT TO BE USED AS AN AGREEMENT BETWEEN THE CITY OF DENTON PARKS AND RECREATION DEPARTMENT AND POTENTIAL PARK RENTAL GROUPS FOR MOUNTAIN BIKE EVENTS IN THE PARKS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the “City”) recognizes groups may wish to use park and athletic facilities to host mountain bike trail events; and WHEREAS, unauthorized usage of City of Denton parks and athletic fields is detrimental to the preservation and orderly utilization of said facilities; and WHEREAS, reservation of City of Denton parks and athletic fields is administered by the City of Denton Parks and Recreation Department to ensure compliance with adopted facility regulations and policies; and WHEREAS, the Mountain Bike Trail Rental Agreement outlines the process, policies, and procedures for City of Denton parks and athletics facilities; and WHERAS, the Mountain Bike Trail Rental Agreement will be effective from the time of execution until December 31, 2022, at which point a new annual agreement will be signed by the City Manager or the designee; and WHEREAS, the City of Denton City Council finds that it is the public best interest to approve the Cross Country Park Rental Agreement; NOW, THEREFORE; THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. The City of Denton City Council finds that the 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 City Manager, or designee, is further authorized to execute on behalf of the City the Cross Country Park Rental Agreement, a copy of which is attached hereto as Exhibit “A” and made a part hereof for all purposes. SECTION 3. The City Manager, or designee, is further authorized to carry out all duties and obligations to be performed by the City under the Agreement. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. 694 Page 2 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 _______________________, 2022. ______________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 695 Parks and Rec 321 E. McKinney St., Denton, TX 76201  (940) 349-7218 DENTON PARKS AND RECREATION MOUNTAIN BIKE TRAIL RENTAL AGREEMENT 2022 This Mountain Bike Trail Rental Agreement, herein called “Agreement,” is made between the park user, herein called “Renter”, and the City of Denton, as administered through the Parks and Recreation Department, herein called “DPARD.” This Agreement outlines the required procedure to rent the mountain bike trail for an event. The Athletics Manager, or designee, must approve any deviation from this procedure. All Renters will abide by the guidelines listed in this Agreement. DPARD reserves the right to deny use of athletic facilities to any Renter which deviates in any way, shape, or form from the guidelines listed (as a result, the Renter will forfeit any rights and/or money paid). Availability Mountain Bike races will not be reserved on dates that conflict with existing rentals, programs operated by DPARD, Denton Youth Sports Associations (DYSA), or on City of Denton holidays, unless authorized by the Athletics Manager. Rental Procedure Reservations are not confirmed until a signed Agreement and deposit(s) have been received, and a reservation confirmation has been given to the Renter. All fees must be paid online, or to the DPARD office during normal operating hours, which are Monday – Friday from 8 a.m. to 5 p.m. at the Denton Civic Center, 321 E. McKinney Street, Denton, TX 76201. The office may be reached via telephone at (940) 349-PARK. Payments will be accepted in the form of check, cash, money order, MasterCard, Visa, or Discover Card. Send all emails to jason.barrow@cityofdenton.com. 1. Email mountain bike race request. Mountain Bike race requests may be emailed beginning January 15 for the upcoming year. All emails must include the park name, date(s), and time(s) of requested usage. 2. Submit completed Mountain Bike Trail Rental Agreement at the time of booking. Once your date has been confirmed available, scan and email the completed Agreement, or drop it off at the Denton Civic Center. 3. Submit payment for the $200 deposit at the time of booking. Each meet requires a $200 reservation deposit, which will be processed and kept through the event/meet. Deposits may be refunded according to the provisions below. a. There will be a $100 cancelation fee kept from the deposit if a meet is canceled less than seven days prior to the event, unless the cancelation is weather related. Any cleaning and/or repair of park property will be kept from the deposit at a rate of $38 per labor hour, i.e. trash left in park, vehicle ruts found on park grounds, etc. If the reservation runs over the specified end time, $75 per hour will be kept from the deposit. b. Deposits will be returned in full after the event, unless there is a violation of the Agreement, or as noted above. If the original deposit was paid by credit card, the Renter will receive a call from the Parks staff within 7 days to process the refund back to the original card used for said deposit. City Holidays or days when the City is not fully operating do not count as “business days” for purpose of this section. If the original deposit was paid by cash, check, of money order, a refund check will be mailed within 30 days from the date of cancellation when applicable. 4. Submit the race schedule, and estimated attendance, by email no later than one month prior to the meet. Email the race schedule, including the arrival time for set-up, start times for all events in the race, and estimated 696 2 end time, including time for clean-up of race area. Email the estimated attendance for the race. 5. Submit the course map by email no later than one month prior to the meet. Email a copy of the course map(s) and state how you will mark the course, i.e. turf paint, flags, etc. The course map and marking method must be approved by the DPARD. 6. Submit insurance for your meet no later than two weeks prior to the meet. a. Proof of insurance is required for all mountain bike events. During the performance of the Agreement, the Renter shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the Texas Department of Insurance, or any successor agency, and must have an AM Best rating of at least 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 $250,000 for each occurrence and not less than $500,000 in the aggregate. b. The Renter shall furnish insurance certificates or insurance policies at DPARD’s request to evidence such coverages. The insurance policies shall name the City of Denton as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) day written notice to DPARD and the Renter. In such event, the Renter shall, prior to the effective date of the change or cancelation, serve substitute policies furnishing the same coverage. 7. Submit payment for the Park Rental, Mountain Bike Race Fees no later than two weeks prior to the meet. a. The Park Rental rate is $75 per hour. A nonresident fee of $5 per reservation will be applied to each reservation for nonresidents of the City of Denton. The rental time must include set-up and clean-up for the day of the meet. There will be no charge for utilizing the park to set-up the course the day before, as long as it does not impede public use, other rentals, and/or DPARD and DYSA programs. b. The Mountain Bike Race Fee is $150 per day. The fee is separate and apart from the Park Rental fee. This fee covers access to restrooms, access to water, access to park trail (if requested), litter pick-up, and additional maintenance and preparation of the park grounds, as needed for the meet, at the discretion of Parks Maintenance. Refunds Refunds are given only when the park is unusable due to inclement weather, or any other maintenance related issue which prevents the Renter from using the park. The deadline for requesting a refund is five business days after the scheduled rental date, and must be in writing. If the original payment was paid by credit card, the Renter will receive a call from the Parks staff within 7 days to process the refund back to the original card used for said deposit. City Holidays or days when the City is not fully operating do not count as “business days” for purpose of this section. If the original payment was paid by cash, check, of money order, a refund check will be mailed within 30 days from the date of cancellation when applicable. A new reservation may be issued in place of a refund to those Renters choosing another available date. Renter Requirements and Responsibilities 1. On-site bus parking is NOT allowed. Buses may drop off participants, but may not stay and park in any of the City of Denton parking lots. You must make arrangements to park the buses off-site, or have them leave and return for pick-up. 2. Road closures, traffic flow changes, parking lot flow changes, etc. are not permitted unless permission has been granted by the DPARD. 3. Motorized vehicles are NOT allowed on park grounds. Motorized vehicles must remain in paved areas. The only exception to this rule is small utility terrain vehicles (UTV), such as a “Gator” or “Mule”, may be used to assist with course set-up/clean-up and race day operations. UTV’s should remain in the course area. 697 3 4. On-site Race Director: All Renters must have an on-site Race Director to handle any issue that may arise during the race and must provide DPARD the Race Director’s name and contact information, as indicated below, providing both office and how said Director may be contacted during the race if methods differ. 5. Extra restrooms must be provided by the Renter. If Renter’s meet will have more than 100 persons in attendance (including participants and spectators). Renter must pay for, and coordinate delivery and pick-up of porta-potties for its meet. Porta-potties must be picked up no later than 1 business day following the meet. Please note that park restrooms are generally closed for freeze protection from November 15 – March 15 each year. If Renter’s meet is held during this time, Renter may be responsible for providing porta-potties at the discretion of DPARD. Porta- potties may only be placed in paved areas. 6. No Alcohol. All Renters will be responsible for ensuring that no alcohol is consumed or possessed in the park areas, including parking lots. It is a violation of the City of Denton Code of Ordinances Sec. 22-32, which states: It shall be unlawful for any person to consume or possess any alcoholic beverage while on the premises of any: 1) City Park, 2) Public improvement located within a City park, or 3) Vehicle parking area of any City park. 7. Smoking: It is not permitted to smoke or possess a lit tobacco, or other plant, product, or to smoke electronic cigarettes (e-cigarette) except in designated areas. The designated smoking area is the parking lot, unless otherwise noted by a specific “designated smoking area” sign. 8. No Glass. Glass containers are not permitted in any park areas and the Renter is responsible for ensuring that any glass seen is disposed of immediately. 9. Overnight parking is NOT allowed. Overnight camping and overnight parking of any vehicle is NOT allowed in City parks or parking lots of City buildings. Park hours are from 6 a.m. to 10 p.m., and parking outside of these hours is prohibited. 10. Renters must follow all City of Denton ordinances when conducting the rental and report any Ordinance violations to the police at (940) 349-8181. Failure to report these violations could result in the forfeiture of park use rights. 11. Contact Building Inspections at (940) 349-8360 to secure a Fire Code Permit (by inspection) if a tent or canopy larger than 400 square feet will be used. A fire extinguisher is required for these tents. 12. Prior to placing anything in the ground (stakes, t-posts, etc.) the Renter must get approval from DPARD and call 811, or visit www.texas811.org, to schedule a dig survey. Concessions, Sale of Goods, and Gate Fees 1. Vendor Permits: If the Renter intends to charge gate fees, raise funds, and/or sell food or merchandise, authorization by DPARD must be obtained, and a vendor permit purchased and signed, two business days prior to the rental. Permits may be purchased by contacting Jason Barrow at jason.barrow@cityofdenton.com. Vendor permit fees are $15 per day for non-profit organizations, or $25 per day for profit, and must be displayed at the point of sale. If the vendor will be selling food, a health permit must be obtained by the vendor from the Building Inspections Department, by calling (940) 349-8360. Vendor permits will not be sold without first showing a valid health permit (if applicable.) All permits must be displayed at the point of sale. The Renter will be held responsible for any vendor on site that does not have the proper paperwork, and is subject to City of Denton fines for not having proper documentation. 2. Gate fees: If the Renter intends to charge a gate fee, DPARD shall receive 25 percent (25%) of the collected fees. Payment shall be made within seven days after the completion of the rental. The Renter shall keep separate records concerning the collection of any gate fees and the City shall have the right to inspect and audit those 698 4 records to confirm compliance with this provision. 3. Concessions: Renters may set up their own concession stand(s) as long as vendor permits and health permits (if required) are purchased. Renters will not be allowed access to DPARD’s permanent concession stands. All concession stand set-ups must be approved by DPARD. Cancelation of Mountain Bike Trail Rental Agreement DPARD reserves the right to cancel any field reservation at any time. A. The Mountain Bike Trail Rental Agreement can be revoked by DPARD for noncompliance of any portion of the agreement and / or for non-compliance with applicable federal, state, or local laws. Refunds will not be issued for revocations and cancellations due to non-compliance and violations of the agreement or applicable laws. B. A reservation can be cancelled at any time if the cancellation is in the best interest of the City of Denton due to the following conditions including but not limited to: 1. Adverse health and safety conditions. 2. Security threats. 3. Severe weather conditions. 4. Work, repair, preservation any portion of the complex and / or facility. 5. Prioritization of and / or conflict with another activity, program, or event. In the event of a cancellation under Section B, fees will be refunded. 699 5 RENTER INFORMATION Renter Name: ____________________________________________________________________________________ Email:___________________________________________________ Phone#:________________________________ Address: _____________________________________________ City: _________________ Zip: _________________ Date of meet(s): ___________________________________ Park requested: __________________________________ Event start time: ___________________________________ Event end time: _________________________________ On-site Meet Director during event (if different than the renter): Name: ___________________________ Email: _____________________________ Phone#:____________________ AGREEMENT APPROVAL As additional consideration for permission to use the city facilities referenced in this Agreement, Renter hereby releases, acquits, and forever discharges and agrees to defend and hold harmless, at its cost and expense, the City of Denton, its elected and appointed officials, officers, employees, and agents from any and all liability, harm, claims, causes of action, lawsuits, costs, fees, expenses, or penalties arising out of any third party claim, suit, or proceeding related to or arising out of any and all injuries, including death, damages, or loss arising out of the usage of the said facilities. Renter’s signature below constitutes my acceptance of and Agreement with all of the provisions, terms, and conditions set forth in this Agreement. *This Agreement is valid through December 2022, however rates are subject to change in October of each year, as new fees can be set by City Council. Renter’s Signature: ________________________________________ Date: ___________ DPARD Representative’s Signature: _____________________________ Date: ___________ (Office Use Only – Reservation number(s) ________________________________________________________________) 700 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-265,Version:1 AGENDA CAPTION Consider adoption of 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 design services for the TXDOT I-35 Aesthetic Package for the Parks and Recreation Department as set forth in the contract;providing for the expenditure of funds therefor;and providing an effective date (RFQ 7599-007 - Professional Services Agreement for design services awarded to Kimley-Horn and Associates,Inc.,in the not- to-exceed amount of $113,137.00). City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™701 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of 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 design services for the TXDOT I-35 Aesthetic Package for the Parks and Recreation Department as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7599-007 – Professional Services Agreement for design services awarded to Kimley- Horn and Associates, Inc., in the not-to-exceed amount of $113,137.00). INFORMATION/BACKGROUND The Parks and Recreation Department was advised by the Public Art Committee (PAC) to coordinate with TXDOT on the aesthetic appearance of the I-35 Interchange and I-35N bridge walls and retaining walls. During this advisement, the PAC determined that medallions for the City of Denton, UNT, TWU, and DISD would be best suited to follow the current theme that has already been established on I-35W. The PAC also determined that a Stylized Musical Theme be formed into the walls to symbolize Denton’s musical heritage. This professional services agreement with Kimley-Horn and Associates, Inc. will involve the development of concept sketches of proposed features of medallions and stylized musical elements. Entry monumentation, major, minor wayfinding elements along the corridor, enhanced hardscape, enhanced native landscape plantings, amenity features (such as raised planters, canopies, seating areas, etc.), and schematic lighting design will also be a part of the plan. Furthermore, Kimley-Horn and Associates, Inc. will conduct the design development plans, construction documents, bidding assistance, construction phase services, structural engineering of walls, fencing, columns, and structures, lighting photometric/circuity, lighting footing design/engineering, 3D Rendering, and/or 3D fly-through videos, drawing revisions requested after construction documents are complete and any item not specifically included in the scope of services. The Parks, Recreation, and Trails System Master Plan is nearing adoption. This contract will be vital in future planning for Parks and Recreation and its mission to serve and meet the community's needs. 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 May 18, 2021 (Ordinance 21-984). City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 702 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 18, 2021, City Council approved RFQ 7599 for a prequalified list of professional engineering firms (Ordinance 21-894). RECOMMENDATION Award a contract with Kimley-Horn and Associates, Inc., for design services for the TXDOT I-35 Aesthetic Package for the Parks and Recreation Department, in a not-to-exceed amount of $113,137. 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 June 2022. FISCAL INFORMATION These services will be funded from General Obligation Bonds dedicated to Public Art. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Drew Huffman, 940-349-7464. Legal point of contact: Marcella Lunn at 940-349-8333. 703 ORDINANCE NO. ________________ 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 DESIGN SERVICES FOR THE TXDOT I-35 AESTHETIC PACKAGE FOR THE PARKS AND RECREATION DEPARTMENT AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 7599-007 PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES AWARDED TO KIMLEY-HORN AND ASSOCIATES, INC., IN THE NOT-TO-EXCEED AMOUNT OF $113,137.00). WHEREAS, on May 18, 2021, the City Council approved a pre-qualified professional engineering list (Ordinance 21-894); and WHEREAS, the professiona 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 , 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, or their designee, is hereby authorized to enter into an agreement with Kimley-Horn and Associates, Inc., for design services for the TXDOT I-35 Aesthetic Package for the Parks and Recreation Department, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager, or their designee, is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, Texas, or their 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. 704 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 ___________________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 705 Docusign City Council Transmittal Coversheet File Name Purchasing Contact City Council Target Date Piggy Back Option Contract Expiration Ordinance DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 Not Applicable I35 Aesthetics Plan PSA Erica Garcia 7599-007 706 &LW\RI'HQWRQ7H[DV6WDQGDUG$JUHHPHQWIRU(QJLQHHULQJ5HODWHG'HVLJQ6HUYLFHV5HYLVHG'DWH3DJHRI CITY OF DENTON, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES 7KLV$*5((0(17LVEHWZHHQWKH&LW\RI'HQWRQD7H[DVKRPHUXOHPXQLFLSDOLW\ &,7< DQG.LPOH\+RUQDQG$VVRFLDWHV,QFZLWKLWVFRUSRUDWHRIILFHDW:2DN 6WUHHW 6XLWH  'HQWRQ 7; DQGDXWKRUL]HG WR GR EXVLQHVV LQ 7H[DV (1*,1((5 IRUD352-(&7JHQHUDOO\GHVFULEHGDVGHVLJQVHUYLFHVIRU7;'27,$HVWKHWLF3DFNDJH WKH352-(&7  SECTION 1 Scope of Services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ompensation and Term of Agreement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erms of Payment 3D\PHQWVWRWKH(1*,1((5ZLOOEHPDGHDVIROORZV DocuSign Envelope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bligations of the Engineer  A. 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(“Kimley-Horn” or the “Consultant”), is pleased to submit this letter of agreement (the “Agreement”) to the City of Denton (the “Client”) for professional services related to the beautification of the redesign of the I-35 corridor and interchange. Our project understanding, scope of services, schedule, and fees are described below: PROJECT UNDERSTANDING The City of Denton is pursuing the graphic design of the Mechanically Stabilized Earth (MSE) retaining walls, and decorative hardscape and landscape enhancements related to the TxDOT project of the redesigned overpasses on I-35 through the City of Denton (the “Project”), a ~6.5 mile stretch containing 6 overpasses and the interchange at 35E and 35W in the City of Denton, TX (the “City”). This proposal is for the landscape architecture design services of the major intersections along the corridor which can be found below. (Figure A). Attachment A DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 724 Page 2 kimley-horn.com 6160 Warren Parkway, Suite 210, Frisco, TX 75034 972 335 3580 · Design of Life Safety lighting and signage is beyond the scope of this Agreement. · The Consultant does not guarantee the issuance of permits or approvals. If permits are issued for this project, the conditions and expiration dates are the sole responsibility of Client. · The Consultant shall be permitted to make such corrections or interpretations as may be necessary for the fulfillment of the intent of the Contract Documents. Client shall not allow the contractor to take advantage of any apparent errors, omissions or discrepancies in the drawings or specifications. In case of any errors, omissions or discrepancies in the drawings or specifications, Client shall direct the contractor to promptly submit the matter to Client before the improvements are built. Client shall promptly make a determination and issue the necessary instructions to the contractor in writing. Any adjustment by the contractor without this determination and instructions shall be at the contractor’s own risk and expense. The Work is to be made complete as intended by the Contract Documents. · In the performance of any services during construction, The Consultant shall not be responsible for the means, methods, acts, techniques, equipment choice and usage, sequences, schedules or for safety precautions or programs of any Contractor, Subcontractor, or any other individual or entity performing or furnishing work. The Consultant shall not have the authority or responsibility to stop or direct the work of any Contractor or authorize changes to the Contractor’s scope of work. The Consultant will not be responsible for any inspections or certifications during or after completion of the project. · Electrical design (such as site lighting), structural design (such as retaining walls), and site signage design is beyond the scope of this Agreement. · The work related to Consultant’s scope is not anticipated to impact United States Army Corps of Engineers jurisdictional areas or other Environmentally Sensitive Areas. · The work related to Consultant’s scope is not anticipated to impact any published FEMA floodplain area. · It is understood that the design scope of this agreement is limited to the following intersections: · The merge of I-35E and I-35W · Oak Street · US 380 · Loop 288 · Highway 77 · Ganzer Road · Milam Road · Due to the everchanging circumstances surrounding the COVID-19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the challenges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind outside of its complete control. DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 725 Page 3 kimley-horn.com 6160 Warren Parkway, Suite 210, Frisco, TX 75034 972 335 3580 SCOPE OF SERVICES The tasks outlined below are the professional services to be provided by Kimley-Horn. LS = Lump Sum Fee Type HR = Hourly Fee (Projected) Task 1 Concept Design Plans (Intersections) Kimley-Horn will attend a design kick-off meeting with the Client to discuss their vision for the project. In this initial meeting, Kimley-Horn and the Client will confirm the scope of the improvements related to Kimley-Horn’s scope of work. Based on information from the meeting, Kimley-Horn will develop a set of concept sketches of proposed features illustrating the general scope, scale, and relationship of design components and submit them to the Client for review. Kimley-Horn will provide up to three (3) preliminary design concepts. It is understood that the graphic inspiration for the MSE walls is to follow along the lines of stylized music. The elements to be illustrated in the Preliminary Concept Plan(s) are expected to be limited to: · Architectural elements of major wall sections · Architectural elements of vertical columns on overpasses · General hardscape patterns As a part of this task, Kimley Horn will attend one (1) Client review meeting to review the preliminary design concepts. Based on input received during the initial design review meeting, Kimley-Horn will attend one (1) additional meeting with the client to present one (1) final concept design package. Upon approval of the final concept design package, that package will be used as a basis for preparing the Landscape Architecture Schematic Design Plans. If additional Client comment revisions are required, then this effort will be billed at our then current hourly rate schedule. Task 2 Schematic Design Plans (Intersections) Based on the final concept design package approved by the Client, Kimley-Horn will develop a set of Schematic Plans of proposed features illustrating the general scope, scale, and relationship of design components and submit them to the Client for review. Kimley-Horn will provide up to three (3) preliminary design concepts. The elements to be illustrated in the Preliminary Schematic Plan are expected to be limited to: · Architectural elements of major wall sections · Architectural elements of vertical columns on overpasses · General hardscape patterns DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 726 Page 4 kimley-horn.com 6160 Warren Parkway, Suite 210, Frisco, TX 75034 972 335 3580 · Pedestrian & trail connectivity layout · Landscape concept plantings · Schematic Lighting Design As a part of this task, Kimley Horn will attend one (1) Client review meeting to review the preliminary schematic design concepts. Based on input received during the initial design review meeting, Kimley- Horn will attend one (1) additional meeting with the Client to present one (1) final schematic design package. Upon approval of the final schematic design package, that package will be used as a basis for preparing the Landscape Architecture Construction Documents (Not included in this agreement). If additional Client comment revisions are required, then this effort will be billed at our then current hourly rate schedule. Kimley Horn will prepare one (1) Opinion of Probable Construction Cost (OPCC) for Client review as part of this task. Because the Consultant does not control the cost of labor, materials, equipment, or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. Kimley-Horn will create an OPCC for safety lighting and aesthetic lighting for the subject project. This will include most current low bid constructions costs of items such as conduit, light pole, foundation, light fixture, conductor, and electrical service. This task will also consist of a preliminary material take-off and determining quantities and units for each of the previously described bid items. Task 3 Concept Design Plans (Entries and Wayfinding) Kimley-Horn will attend a Design kick-off meeting with the Client to discuss their vision for the project. In this initial meeting, Kimley-Horn and the Client will identify the detailed scope of the improvements. Based on information from the meeting, Kimley-Horn will develop a set of concept sketches of proposed features illustrating the general scope, scale, and relationship of design components and submit them to the Client for review. Kimley-Horn will provide up to three (3) preliminary design concepts. The elements to be illustrated in the Preliminary Schematic Plan are expected to be limited to: · Entry monumentation at Milam Road · Major and minor wayfinding elements along the corridor · Major element at the UNT merge intersection As a part of this task, Kimley Horn will attend one (1) Client review meeting to review the preliminary schematic design concepts. Based on input received during the initial design review meeting, Kimley- Horn will attend one (1) additional meeting with the client to present one (1) final schematic design DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 727 Page 5 kimley-horn.com 6160 Warren Parkway, Suite 210, Frisco, TX 75034 972 335 3580 package. Upon approval of the final schematic design package, that package will be used as a basis for preparing the Landscape Architecture Schematic Design Plans. If additional Client comment revisions are required, then this effort will be billed at our then current hourly rate schedule. Task 4 Schematic Design Plans (Entries and Wayfinding) Kimley-Horn will attend a Design kick-off meeting with the Client to discuss their vision for the project. In this initial meeting, Kimley-Horn and the Client will identify the detailed scope of the improvements. Based on information from the meeting, Kimley-Horn will develop a set of concept sketches of proposed features illustrating the general scope, scale, and relationship of design components and submit them to the Client for review. Kimley-Horn will provide up to three (3) preliminary design concepts. The elements to be illustrated in the Preliminary Schematic Plan are expected to be limited to: · Entry monumentation at Milam Road · Major and minor wayfinding elements along the corridor · Major element at the UNT merge intersection · Enhanced hardscape · Enhanced landscape plantings · Amenity features such as raised planters, canopies, seating areas, etc. · Schematic Lighting Design As a part of this task, Kimley Horn will attend one (1) Client review meeting to review the preliminary schematic design concepts. Based on input received during the initial design review meeting, Kimley- Horn will attend one (1) additional meeting with the client to present one (1) final schematic design package. Upon approval of the final schematic design package, that package will be used as a basis for preparing the Landscape Architecture Construction Documents (Not included in this agreement). If additional Client comment revisions are required, then this effort will be billed at our then current hourly rate schedule. Kimley Horn will prepare one (1) Opinion of Probable Construction Cost for Client review as part of this task. Because the Consultant does not control the cost of labor, materials, equipment, or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids, or actual costs will not vary from its opinions of cost. Task 5 Meetings / Coordination (During Design) Kimley-Horn can be available to attend design team meetings, Client meetings, and/or conference calls and any other project related meetings not listed in previous task items. This task includes up to sixty (60) hours of meetings in addition to the quantity provided in the tasks above. Should additional DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 728 Page 6 kimley-horn.com 6160 Warren Parkway, Suite 210, Frisco, TX 75034 972 335 3580 meetings or coordination be required, this effort will be billed on an hourly basis at the then current hourly rate schedule. ADDITIONAL SERVICES Kimley-Horn can provide the following services, however; they are not included in the scope of this Agreement: 1. Design Development Plans 2. Construction Documents 3. Bidding Assistance 4. Construction Phase Services 5. Structural engineering of walls, fencing, columns, and structures. 6. Lighting Photometrics / Circuitry 7. Lighting Footing Design / Engineering 8. Preparation of Record Drawings 9. 3D Renderings and/ or 3D Fly Through Videos 10. Drawing revisions requested after Construction Documents are complete 11. Any item not specifically included in the Scope of Services SCHEDULE Vertical walls and decorative flatwork: Schematic Design Concepts to TxDOT – March 1, 2022 Construction Documents to TxDOT – June 1, 2022 Landscape Design and Wayfinding Elements: Schematic Design Concepts to City – April 2022 Construction Documents to City - TBD INFORMATION PROVIDED BY THE CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide information requested by Kimley-Horn during the project, including but not limited to the following: 1. It is understood that the City will provide the basis of design for the required medallions to be modified into the form liner design. 2. It is understood that the City may engage a local artist to assist in the design of major and/or minor wayfinding elements. 3. It is understood that the City will perform the iterative design presentations to City Council, Art Committee and any other entities or groups determined by the City. Kimley-Horn will provide the exhibits as a part of the tasks included below. 4. Permission to enter the subject property; 5. Executed copy of this Agreement DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 729 Page 7 kimley-horn.com 6160 Warren Parkway, Suite 210, Frisco, TX 75034 972 335 3580 FEE AND BILLING Basic Services provided for a lump sum fee: Task 1 Concept Design Plans (Intersections) $ 15,500.00 Task 2 Schematic Design Plans (Intersections) $ 19,000.00 Task 3 Concept Design Plans (Entries and Wayfinding) $ 20,250.00 Task 4 Schematic Design Plans (Entries and Wayfinding) $ 35,500.00 Total Lump Sum Direct Costs $ 90,250.00 Basic Services provided for an hourly rate fee: Task 5 Meetings/ Coordination During Design $ 17,500.00 Total Hourly Fee (Projected) $ 107,750.00 Office Expense 5% $ 5,387.00 Grand Total (Projected) $ 113,137.00 Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn 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. Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 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 Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a fifteen percent (15%) markup, will be immediately issued to and paid by the Client. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 730 Page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ity of Denton %\ 3ULQW1DPH 7LWOH KIMLEY-HORN AND ASS -RQDWKDQ&DPSEHOO3/$ $VVRFLDWH DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 731 Rev 10/2020 1 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. (2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. (c) Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. (d) Arrange for access to the site and other property as required for the Consultant to provide its services. (e) Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. (g) Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project. (3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant’s compensation shall be renegotiated. (4) Method of Payment. Client shall pay Consultant as follows: (a) Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the rate of 12% per year beginning on the 25th day. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. (b) If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. (c) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. (d) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (e) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant’s documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 732 Rev 10/2020 2 Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. (8) Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (9) LIMITATION OF LIABILITY. IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THE PROJECT TO THE CLIENT AND THE CONSULTANT, THE RISKS ARE ALLOCATED SUCH THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR THE EXISTENCE OF APPLICABLE INSURANCE COVERAGE, THAT THE TOTAL LIABILITY, IN THE AGGREGATE, OF THE CONSULTANT AND THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS TO THE CLIENT OR TO ANYONE CLAIMING BY, THROUGH OR UNDER THE CLIENT, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES UNDER THIS AGREEMENT FROM ANY CAUSES, INCLUDING BUT NOT LIMITED TO, THE NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY OR BREACH OF CONTRACT OR ANY WARRANTY, EXPRESS OR IMPLIED, OF THE CONSULTANT OR THE CONSULTANT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUBCONSULTANTS, SHALL NOT EXCEED TWICE THE TOTAL COMPENSATION RECEIVED BY THE CONSULTANT UNDER THIS AGREEMENT OR $50,000, WHICHEVER IS GREATER. HIGHER LIMITS OF LIABILITY MAY BE NEGOTIATED FOR ADDITIONAL FEE. THIS SECTION 9 IS INTENDED SOLELY TO LIMIT THE REMEDIES AVAILABLE TO THE CLIENT OR THOSE CLAIMING BY OR THROUGH THE CLIENT, AND NOTHING IN THIS SECTION 9 SHALL REQUIRE THE CLIENT TO INDEMNIFY THE CONSULTANT. (10) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. (11) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final, fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. (12) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third-party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. (13) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within two years of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (14) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 733 Rev 10/2020 3 or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. (15) Construction Phase Services. (a) If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy. (16) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (17) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (18) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 734 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. 1 Name of vendor who has a business relationship with local governmental entity. 2 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 Name of local government officer about whom the information in this section is being disclosed. 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? 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? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date DocuSign Envelope ID: BA450AFF-9551-451A-8B3F-B2903A04B3E8 Kimley-Horn and Associates, Inc. X X X 1/25/2022 X 735 Certificate Of Completion Envelope Id: BA450AFF9551451A8B3FB2903A04B3E8 Status: Sent Subject: Please DocuSign: City Council Contract 7599-007 Source Envelope: Document Pages: 30 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 1 Erica Garcia AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 erica.garcia@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 1/24/2022 4:14:01 PM Holder: Erica Garcia erica.garcia@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Erica Garcia erica.garcia@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 1/24/2022 4:24:41 PM Viewed: 1/24/2022 4:24:58 PM Signed: 1/24/2022 4:26:03 PM 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) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 1/24/2022 4:26:05 PM Viewed: 1/24/2022 4:28:59 PM Signed: 1/24/2022 4:29:20 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Marcella Lunn marcella.lunn@cityofdenton.com Catherine Clifton, Interim City Attorney City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 68.191.210.54 Signed using mobile Sent: 1/24/2022 4:29:22 PM Viewed: 1/24/2022 5:19:56 PM Signed: 1/24/2022 5:22:38 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott Arnold Scott.arnold@kimley-horn.com Vice President Kimley-Horn and Associates, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 208.127.245.208 Sent: 1/24/2022 5:22:42 PM Viewed: 1/25/2022 8:45:17 AM Signed: 1/25/2022 2:24:58 PM Electronic Record and Signature Disclosure: Accepted: 3/27/2020 10:55:11 AM ID: a1f38400-e5cc-4b57-8548-4dd7e031355d 736 Signer Events Signature Timestamp Gary Packan Gary.Packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 1/25/2022 2:25:01 PM Viewed: 1/25/2022 2:57:51 PM Signed: 1/25/2022 2:58:56 PM Electronic Record and Signature Disclosure: Accepted: 1/25/2022 2:57:51 PM ID: bdc9795b-485b-4fa9-98b2-b1d02939c951 Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/25/2022 2:58:59 PM 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: 1/25/2022 9:30:30 AM ID: 44e110b9-95ba-4601-b175-80d85e31c400 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 cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 1/24/2022 4:26:05 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign 737 Carbon Copy Events Status Timestamp Gretna Jones gretna.jones@cityofdenton.com Legal Secretary City of Denton Security Level: Email, Account Authentication (None) Sent: 1/25/2022 2:59:00 PM Viewed: 1/25/2022 2:59:59 PM 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 Drew Huffman Drew.Huffman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/13/2018 2:52:26 PM ID: 0fcc9a04-4fe5-41d0-935e-32877832cf92 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/24/2022 4:24:41 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 738 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. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-162,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton authorizing the City Manager to enter into a Memorandum of Understanding for the Lewisville Lake Paddling Trail Collaboration Project with the City of Corinth,Town of Hickory Creek,City of Highland Village,City of Lewisville,Town of Little Elm,City of The Colony, and United States Army Corps of Engineers; and declaring an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™742 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation CM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton authorizing the City Manager to enter into a Memorandum of Understanding for the Lewisville Lake Paddling Trail Collaboration Project with the City of Corinth, Town of Hickory Creek, City of Highland Village, City of Lewisville, Town of Little Elm, City of The Colony, and United States Army Corps of Engineers; and declaring an effective date. BACKGROUND In 2019, Parks and Recreation began creating the new Parks, Recreation, and Trail System Master Plan to guide the department over the next ten years. A significant need identified in the initial study of Denton's current offerings included the formation of paddling trail systems. In the fall of 2020, Staff began collecting information concerning the accessibility to recreational water in and around Denton. Staff met with Texas Parks and Wildlife (TPWD) with the concept of forming a 100-mile paddle trail around the perimeter of Lewisville Lake with surrounding communities and organizations as a collaborative effort to utilize the waterfront for future program expansion. From that conversation, staff began collaboration efforts by gauging the interest of agencies and interest groups with ties to Lewisville Lake. As a result of this effort, the Lewisville Lake Paddling Trail (LLPT) collaboration team was formed and compromised of staff members from the following communities & organizations: • City of Corinth • Town of Cross Roads • City of Denton • Town of Hickory Creek • City of Highland Village • City of Lewisville • Town of Little Elm • City of The Colony • Greenbelt Alliance of Denton County • North Central Texas Council of Governments (NCTCOG) • Texas Parks and Wildlife (TPWD) • Trinity Coalition • US Army Corps of Engineers (USACE) • US Coast Guard The City of Denton Parks and Recreation staff has led the way with the LLPT collaboration group to formulate a mission, vision, route systems, inventory list, safety planning, and timeline for submittal. The LLPT team has established over one hundred (100) miles of paddling trails throughout Lewisville Lake with about 40+ launch points. The project's goal is to receive approval from the Texas Parks and Wildlife Department that would establish this trail system as a part of the state paddling trail system. The purpose of the Memorandum of Understanding (MOU) is to develop and expand a framework of cooperation that will allow all agencies to speak with one voice for the planning and implementation of mutually beneficial projects, activities, programs, development, and education associated and related to the Lewisville Lake Paddling Trail Collaboration Project. RECOMMENDATION Staff recommends approval of the resolution. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 743 FISCAL INFORMATION The Memorandum of Understanding (MOU) is formally establishing the partnership with all the other agencies. Each municipality will be responsible for seeking funding and maintaining its respective trails. This MOU does not commit a municipality to anything specific outside of its current jurisdiction. EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Resolution Exhibit 3- Memorandum of Understanding Exhibit 4- Presentation Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Chris Escoto Park Planner, Parks and Recreation 744 RESOLUTION NO. ________________ A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT WITH THE CITY OF CORINTH, TOWN OF HICKORY CREEK, CITY OF HIGHLAND VILLAGE, CITY OF LEWISVILLE, TOWN OF LITTLE ELM, CITY OF THE COLONY, AND UNITED STATES ARMY CORPS OF ENGINEERS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the purpose of the Memorandum of Understanding is to develop and expand a framework of cooperation among all Agencies for planning and implementing mutually beneficial projects, activities, programs, development, and education associated and related to the Lewisville Lake Paddling Trail Collaboration Project; and WHEREAS, Each Agency will be responsible for the management, stewardship, and administrative responsibilities for operating the components of boat ramps and launch sites and amenities along the portions of the shores of the Lewisville Lake that lie adjacent to or within the various towns and cities which are served by the Agencies as well as enhancing the public's knowledge, awareness and responsible safety use, experiences, and related assets relating to paddle boating in the Lake and other public waters within the Agencies’ respective jurisdictions; and WHEREAS, the City owns and maintains public parks and facilities, trails, activities, programs, projects, and initiatives throughout the City of Denton; and WHEREAS, the Denton Parks and Recreation Department’s mission is to enrich the lives of all Denton residents through environmental enhancements and a diverse offering of recreational, educational, and cultural services; and WHEREAS, the City Council has found and determined that the Memorandum of Understanding is in the public’s best interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitation contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. The Memorandum of Understanding attached hereto, is approved and the City Manager, or designee, is authorized to execute on behalf of the City of Denton. SECTION 3. The City Manager, or designee, is further authorized to carry out all duties and obligations of the City pursuant to and under the Memorandum of Understanding, including, but not limited to, the expenditure of funds. SECTION 4. This Resolution shall be effective immediately upon its passage and approval. 745 The motion to approve this resolution was made by __________________________ and seconded by _____________________________, the resolution was passed and approved by the following vote [____-____]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 746 PAGE 1 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) Memorandum of Understanding Lewisville Lake Paddling Trail Collaboration Project This Memorandum of Understanding (“MOU”) is entered as of the Effective Date by and among the City of Denton Parks and Recreation Department, the City of Corinth, the City of The Colony Parks and Recreation Department, the Town of Hickory Creek, the City of Highland Village Parks and Recreation Department, the City of Lewisville Parks and Recreation Department, the Town of Little Elm Parks and Recreation Department, and the United States Army Corps of Engineers. (collectively, the “Agencies” and each an “Agency”), by and through their authorized representatives. RECITALS WHEREAS, the Agencies are responsible for the management, stewardship, and administrative responsibilities for operating the components of boat ramps and launch sites and amenities along the portions of the shores of the Lewisville Lake (the “Lake”) that lie adjacent to or within the various towns and cities which are served by the Agencies as well as enhancing the public's knowledge, awareness and responsible safety use, experiences, and related assets relating to paddle boating in the Lake and other public waters within the Agencies’ respective jurisdictions; and WHEREAS, the Agencies desire to enter into this MOU providing for the establishment of the Lewisville Lake Paddling Trail Collaboration Project (the “LLPT”) and for the purpose of developing and expanding a framework of cooperation among the Agencies for planning and implementing mutually beneficial projects, activities, programs, development, and education associated and related to the LLPT; and WHEREAS, the Agencies are committed to providing ongoing maintenance and operations, promoting informational resources to provide high-quality water safety education and program development in support of the LLPT; and WHEREAS, this MOU is further intended to formalize the relationship among the Agencies and allow the Agencies to speak with one voice relating to the mutually agreed-upon vision, mission, and objectives set forth in the MOU; and WHEREAS, the LLPT will mutually benefit the residents of the various municipalities served by the Agencies as well as create the potential for attracting visitors from outside of the region engaging in personal travel and/or participating in special events that are held within one or more of the Agencies’ cities because of the coordinated use of the facilities making up the LLPT. NOW, THEREFORE, in consideration of the mutual benefits to be realized by the Agencies and the municipalities they serve, the Agencies enter this MOU for the following purposes and subject to the following conditions and provisions: 747 PAGE 2 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) I. VISION The following shall constitute the vision statement that serve as the focus of the Agencies in their respective actions in supporting the LLPT: To collaborate with municipalities and organizations to establish state and nationally recognized paddling trails along Lewisville Lake and its tributaries and corridors. II. MISSION STATEMENT. The following shall serve and the Agencies’ mission statement for the operation of the LLPT: To create trail systems that interconnect around Lewisville Lake that promote safe recreational usage by paddlers and to identify routes to connect the Trinity River Elm Fork to Lake Ray Roberts through the Greenbelt. III. GOALS, OBJECTIVES, AND PRINCIPLES A. Goals. The goal of the Agencies in carrying out the LLPT is to collaborate, support, and establish projects and programs to further the mission of the LLPT. While the focus of the LLPT is to promote non-motorized recreation, this MOU is not intended to impede motorized use or advocate for excluding motorized use. Subject to their respective city policies, budgets, and procedures, the Agencies are committed to using the best efforts to achieve the following objectives: 1. Work, coordinate, and cooperate with community leaders, private developers, community members, non-profit organizations, and state and national organizations to create a seamless system of connecting paddling trails in and around the Lake; 2. Promote healthy lifestyles by designing paddling trail systems that accommodate all ages, abilities and promote diverse outdoor recreation activities; 3. Encourage non-motorized transportation by offering multiple launch access points and safe, reasonably direct routes between communities, waterfront parks, and popular destinations within each Agency community surrounding or connecting to the LLPT; 4. Create a network of trails and "trailheads" that allow easy public access from parking to the shoreline with landing/launching sites for water trails affording all citizens region-wide the opportunity to enjoy the scenic and environmental richness of the Lake and its surrounding land and waters; 748 PAGE 3 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) 5. Provide educational opportunities and identify points of interest throughout the trail system that highlight cultural resources, working lands, local history, and natural science; 6. Create and identify a safety plan to promote and advocate water safety throughout the Lake; and 7. Increase community awareness and promote the LLPT as a valuable resource for non-motorized recreation, education, stewardship, and tourism. B. Objectives and Principles. The Agencies agree to support, abide, and advocate the following guiding principles for the creation and implementation of the LLPT: 1. Accessibility: Infrastructure of trails and greenways that are a part of everyday life and accessible to all people of varying abilities, ages, and backgrounds. 2. Healthy Lifestyles: Improved fitness, health, and well-being for all people through trails and greenways that offer opportunities for physical activity, recreation, rejuvenation, and preventative health care. 3. Education: Educational and interpretive opportunities that promote understanding, skills development, and appreciation of the environment and water safety. 4. Connectivity: Trail systems that link communities, natural areas, and people as a means of recreation and transportation. 5. Economic Vitality: A trail system that contributes to the financial strength and attractiveness of a community by enhancing business opportunities, tourism, and property values. 6. Sustainable Development: A trail system that offers alternative transportation opportunities, contributes to a community's health and vitality, and connects people to nature. 7. Best Practices: Innovative, sustainable, and technically sound guidelines that are understood and applied by decision-makers in the planning, design, development, and construction of high-quality trail systems. IV. AGENCY RESPONSIBILITIES. A. In furtherance of the cooperative nature of this MOU, each Agency shall use its best efforts, subject to the availability of current funds and other resource, to maintain the launch sites, paddle trails, and other assets within their respective jurisdictions, including, but not limited to: 749 PAGE 4 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) 1. Maintaining and replacing signs, kiosks, docks, parking lots, restrooms, and other amenities and infrastructure relate to the LLPT; 2. Perform regular inspections to ensure launch sites and amenities are clean and free of trash and debris and to determine and perform service and maintenance to assets as needed; 3. Seek funding for the ongoing maintenance and operation of infrastructure and amenities related to the LLPT within each Agency's jurisdiction. B. One or more representatives of each Agency will participate in regular meetings to review LLPT development, operational problems and maintenance standards, safety plans, and support, and to exchange ideas, advice, and other information for the good of the LLPT. C. Each Agency shall make a reasonable effort to maintain good communications and disseminate information to their community members and other Agencies related to the LLPT. D. Each Agency shall be responsible for organizing its own activities and using its own resources, including the expenditure of its own funds, in pursuing the objectives of this MOU that specifically fall within the Agency’s jurisdiction. E. Each Agency shall be committed to promoting the health and safety of all participants in the LLPT and will abide by federal and state codes and procedures. F. This MOU serves as a letter of support for the Agencies’ desire to apply for grants and/or receive donations to offset the cost for their launch sites and amenities. The resources gained must be directed to improvements or repairs for the LLPT. G. Subject to appropriation by its governing body and adopted purchasing guidelines; each Agency will establish a budget and identify avenues to provide funds to maintain and operate the Agency’s portion of the LLPT to the best of each Agency's ability. III. MISCELLANEOUS. A. Any Agency, in its sole discretion, may at any time discontinue participation in any activity initiated pursuant to this MOU or as a participating Agency in this MOU upon providing not less than thirty (30) days’ written notice of withdrawal to the other participating Agencies. Withdrawal of an Agency from this MOU does not result in termination of this MOU as long as at least two Agencies continue as participating parties to this MOU. 750 PAGE 5 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) B. The Agencies agree that if legal action is brought under this MOU, exclusive venue shall lie in the state courts of Denton County, Texas and its terms or provisions, as well as the right and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. C. It is expressly understood that, in the execution of this MOU, no Agency waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. D. Notwithstanding anything in this MOU the contrary, no Agency shall at any time be authorized to act on behalf of another Agency as such other Agency’s agent or representative regarding the matters set forth in this MOU, nor shall any Agency, nor any employee of any Agency, represent to any person that such Agency or Agency’s employee has the authority to represent or make binding agreements for another Agency with respect to the matters described in this MOU. E. This MOU may be amended or modified only by mutual written agreement of all of the Agencies. Such amendment or modification must be in writing, signed by an authorized agent for the signing Agency and attached and incorporated into this MOU. F. The Agencies acknowledge and agree that the performance of their respective governmental functions and/or services as set forth herein will be paid from current revenues available to the paying Agency. G. Notices required by this MOU shall be in writing and signed by the Agency’s representative or city/town manager. Copies of all required notices shall be sent to the Agencies’ City/Town Manager and City Attorney and such other representative of each Agency as may be designated by the Agency in writing sent to the other Agencies from time to time. H. This MOU shall commence and become effective on the date it is signed by at least two (2) of the Agencies (the “Effective Date”) and terminate on the day prior to the tenth (10th) anniversary of the Effective Date unless terminated or extended as provided herein. The Agencies may renew this MOU for an additional term of ten (10) years commencing on the tenth (10th) anniversary of the Effective Date. This MOU shall not become effective as to any Agency until the date the Agency executes this MOU. I. This MOU may be executed in any number of identical counterparts, each of which shall be deemed an original and constitute one and the same instrument. J. The person signing this MOU on behalf of each Agency is authorized pursuant to the respective Agency’s governing policies to sign this MOU for the Agency. 751 PAGE 6 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) Signatures on following pages. 752 PAGE 7 MEMORANDUM OF UNDERSTANDING: LEWISVILLE LAKE PADDLING TRAIL COLLABORATION PROJECT (kbl:12/8/2021:126516) City of Denton Parks and Recreation Department: By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ City of Corinth Parks and Recreation Department By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ City of The Colony Parks and Recreation Department By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ Town of Hickory Creek By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ City of Highland Village Parks and Recreation Department By: _________________________________ Phil Lozano, Parks and Recreation Director Date: ________________________________ Lewisville Parks and Recreation Department By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ Town of Little Elm Parks and Recreation Department By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ United States Army Corps of Engineers Lewisville Lake Office – Fort Worth District By: _________________________________ Name: _______________________________ Title: ________________________________ Date: ________________________________ 753 Lewisville Lake Paddling Trail Project (LLPT) Parks and Recreation February 1, 2022 2/1/22 ID 22-162 754 Project Background, Vision, & Mission Staff was able to gain support from various municipalities, non-profit organizations, and state/federal organizations. All agencies will submit an application to Texas Parks & Wildlife for the creation of State Paddling Trails through the TPWD Paddling Trail Program. Staff started having established group meetings in January 2021. Fall of 2020, Denton Parks and Rec, had the idea of establishing a 100-mile paddling challenge around Lewisville Lake. Denton staff led the way in contacting lakefront communities with an interest of collaborating to this mission and creating paddling trails for their community. Over the last few years, Denton Parks and Rec has been assessing its trail system to find ways to connect any point of the city to and from Lewisville Lake. Paddling Trails were identified as a need, as there are currently 0 miles of official trails in Denton Vision To collaborate with municipalities and organizations to establish state & nationally recognized paddling trails along Lewisville Lake, its tributaries and corridors. Mission To create trail systems that interconnect around Lewisville Lake that promotes safe recreational usage by paddlers and identify routes to connect the Trinity River Elm Fork to Lake Ray Roberts through the Greenbelt. 2/1/22 ID 22-162 755 LLPT Collaboration Team Partnering communities with lake-front access: Partnering state & regional non-profit agencies: 2/1/22 ID 22-162 756 Current Timeline (On Target) 2/1/22 ID 22-162 757 Items Remaining to submit application to Texas Parks & Wildlife (TPWD) Finalize the safety manual, trail inventory list, and signage types/location. Submit the safety manual and trail list to US Army Corps of Engineers for review and approval. Identify soft & hard costs to identify budget and inventory of items needed. Receival approval from local governing bodies and all agencies sign the MOU. Finalize the creation of logo to establish the LLPT “Brand”. Submit the application to TPWD for review and implementation of the Lewisville Lake Paddling Trail System become an official state paddling trail. 2/1/22 ID 22-162 758 Next Steps •Each Agency will receive approval by their local governing body to sign the Memorandum of Understanding of the LLPT Project. •Finalize documentation, submit application, and receive proper approvals by the U.S. Army Corps of Engineers and Texas Parks & Wildlife. 2/1/22 ID 22-162 759 THANK YOU! 2/1/22 ID 22-162 760 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:Z21-0015b,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton,nunc pro tunc,correcting an inadvertent mistake in Ordinance No. Z21-0015a; providing for a savings clause and an effective date. (Z21-0015b, Miller Road) City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™761 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services IDCM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton, nunc pro tunc, correcting an inadvertent mistake in Ordinance No. Z21-0015a; providing for a savings clause and an effective date. (Z21-0015b, Miller Road) BACKGROUND On December 7, 2021, the City Council adopted Ordinance No. Z21-0015a, changing the zoning of a one- acre tract of land generally located on the north side of Miller Road approximately 190 feet east of the intersection of Masch Branch Road and Miller Road from Residential Rural (RR) District to Residential 1 (R1) district. The property location is shown in Exhibit 2 for reference. The draft ordinance included with the December 7, 2021 agenda and later signed inadvertently included an incorrect legal description as Exhibit A. The legal description that was included was for a different property on the south side of Miller Road that had been rezoned from RR to R1 District in October 2021. Following adoption and signing of the ordinance, Staff noticed the inadvertent mistake. The nunc pro tunc ordinance, included as Exhibit 3, would correct the inadvertent mistake and provide the correct legal description for the ordinance. RECOMMENDATION Staff recommends approval of the Nunc Pro Tunc ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action November 17, 2021 Planning and Zoning Commission Rezone from RR to R1 Recommend Approval December 7, 2021 City Council Rezone from RR to R1 Approved EXHIBITS 1. Agenda Information Sheet 2. Site Location Map 3. Draft Nunc Pro Tunc Ordinance City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 762 Respectfully submitted: Tina Firgens, AICP Deputy Director of Development Services/Planning Director Prepared by: Hayley Zagurski, AICP Assistant Planning Director 763 764 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, NUNC PRO TUNC, CORRECTING AN INADVERTENT MISTAKE IN ORDINANCE NO. Z21-0015a; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, on December 7, 2021, the City Council adopted Ordinance No. Z21-0015a, changing the zoning of a one-acre tract of land generally located on the north side of Miller Road approximately 190 feet east of the intersection of Masch Branch Road and Miller Road from Residential Rural (RR) District to Residential 1 (R1) district; and WHEREAS, City Staff discovered an inadvertent mistake in the signed pdf version of Ordinance Z21-0015a because an incorrect legal description Exhibit A for a different Miller Road property was inadvertently attached to the ordinance, which resulted in an ordinance that did not accurately reflect what the City Council intended to approve; and WHEREAS, City Staff requests that the inadvertent mistake be revised to correctly reflect the intention of the City Council in Ordinance No. Z21-0015a on December 7, 2021; WHEREAS, Ordinance No. Z21-0015a with the correct legal description exhibit is attached as Exhibit A, and it reflects the intention of the City Council; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to accurately reflect is official actions; and WHEREAS, the City Council finds that said corrections are in the best interest of the citizens of the City of Denton and should be adopted as stated 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. Ordinance No. Z21-0015a is hereby amended to incorporate the correct version of Exhibit A of the ordinance. SECTION 3. All other provisions of Ordinance No. Z21-0015a not specifically amended or deleted herein shall continue in full force and effect from the date of original passage on December 7, 2021. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. 765 Page 2 of 2 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: ______ ______ ______ ______ 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 _________________, 2022. _____________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: _______________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _____________________________________ Hilary Negron 2022.01.18 11:20:59 -06'00' 766 EXHIBIT A Being a tract of land situated in the James Haney Survey, Abstract No. 515, Denton County, Texas, same being that tract of land conveyed to Barry Scott Combs, by deed recorded in Volume 5432, Page 3378, Deed Records of Denton County, Texas (Tract 2), and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for corner, said corner being the common Northeast corner of Tract 1 and Northwest corner of Tract 2 of said Combs tract, and lying along the South line of that tract of land conveyed to DGA LLC, by deed recorded in Instrument No. 2018-149263, Official Records of Denton County, Texas; THENCE South 89 degrees 54 minutes 28 seconds East, along the South line of said DGA tract, a distance of 158.30 feet to a 1/2 inch iron rod set with yellow plastic cap stamped “CBG Surveying” for corner, said corner being the Northwest corner of that tract of land conveyed to Dana L. Miller, by deed recorded in Volume 1994, Page 644, Deed Records of Denton County, Texas; THENCE South 00 degrees 03 minutes 10 seconds East, along the West line of said Miller tract, passing at a distance of 245.26 feet to a 1/2 inch iron rod found on-line for reference, and continuing a total distance of 275.17 feet to a mag nail set for corner, said corner being the Southwest corner of aforesaid Miller tract, same lying along the North line of that tract of land conveyed to Manuel Noguez Perez and Maria Graziela Nunez, by deed recorded in Instrument No. 2017-111698, Official Records of Denton County, Texas, and lying in the centerline of Miller Road (60 foot road easement, as described in Volume 5432, Page 3378, Deed Records of Denton County, Texas); THENCE North 89 degrees 54 minutes 28 seconds West, along said centerline of Miller Road, a distance of 158.30 feet to a mag nail set for corner, said corner being the Northwest corner of that tract of land conveyed to Chris Bewley, a married man, by deed recorded in Instrument No. 2016- 126947, Official Records of Denton County, Texas, same being the Northeast corner of that tract of land conveyed to SP-1 Miami Properties, LLC, by deed recorded in Volume 5286, Page 2905, Deed Records of Denton County, Texas, and being the Southeast corner of aforementioned Combs tract (Tract 1); THENCE North 00 degrees 03 minutes 10 seconds West, along the East line of said Combs tract (Tract 1), passing at a distance of 29.97 feet to a 1/2 inch iron rod found on-line for reference, and continuing a total distance of 275.17 feet to the POINT OF BEGINNING and containing 43,559 square feet or 1.00 acres of land. 767 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:PD21-0004b,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton,Texas,regarding a Planned Development Amendment for 12 acres out of Planned Development 139,generally located on the southeast corner of the Vintage Boulevard and I-35W Vintage Boulevard Ramp intersection,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 (7-0)to recommend approval of the request.(PD21-0004b,Vintage Multifamily, Julie Wyatt) City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™768 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services IDCM: David Gaines DATE: February 1, 2022 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Planned Development Amendment for 12 acres out of Planned Development 139, generally located on the southeast corner of the Vintage Boulevard and I-35W Vintage Boulevard Ramp intersection, 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 (7-0) to recommend approval of the request. (PD21-0004b, Vintage Multifamily, Julie Wyatt) BACKGROUND Aimee Bissett with 97 Land Company, on behalf of the property owner, Hickory Venture Group, is requesting a Planned Development Amendment for Planned Development 139 (PD-139), The Vintage, to facilitate the construction of 207 multifamily dwelling units with 425 parking spaces, three access driveways, and onsite recreational amenities. The multi-family use is currently permitted by PD-139, and the purpose of this PD amendment is specific to the adoption of the detailed Development Plan to allow development of the property and address the increase in gross floor area. The following explains the history of the zoning as it relates to the subject property. Planned Development 139 was originally approved in 1991 as a 450-acre “Business Village” which established the PD text and included a menu of permitted uses with development standards associated with each use (Ordinance 1991-034, Exhibit 6). The PD allows the uses listed below, which includes multi-family dwellings: • Hospitality Uses - lodging accommodations which may provide additional services such as restaurants, meeting rooms, and recreation facilities. • Institutional Uses - facilities for large governmental, educational, medical, and cultural facilities. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 769 • Manufacturing and Distribution Uses -encourages manufacturing, assembly, warehouse, and distribution facilities. • Office Uses - encouraged as support for the Manufacturing, Distribution, and Hospitality uses, but may also consist of independent office developments which are well-planned and amenity-oriented. • Residential/Multifamily Uses - permits mid- to high-density residential uses to provide for nearby housing for the population employed in the business village. • Retail and Service Uses - establishments intended to provide goods and services to the general public. • Recreational Uses - other permitted uses may provide accessory recreational facilities to support the health and welfare of employees. • Accessory Uses • Open Space: generally, the floodplain areas north and southwest of the subject site. Ordinance 1999-317 (Exhibit 7) then amended the General Concept Plan to further refine the mix of land uses, phasing, and roadway infrastructure. • According to the phasing schedule outlined in the ordinance, at least one phase must develop every four years or the Concept Plan would expire, reverting to the original plan from 1991. While the single-family residential phase located north of Vintage Road (Phase A) was platted between 2001 and 2003, subsequent PD phases, including the subject site (Mixed-Use Town Center, Phase I) were not approved, so the 1999 concept plan expired. • Roadway improvements were required as conditions of the 1999 ordinance. No development other than single-family detached and one convenience store would be permitted until the interchange at I-35W and Ponder Road (Vintage Boulevard) was reconstructed as a standard diamond configuration or Ponder Road was extended to Hwy 377 as a four-lane roadway. While the interchange has not been reconstructed, the required expansion of Vintage Boulevard is nearing completion, satisfying the condition. On May 14, 2002, City Council approved an amendment to the permitted uses in PD-139, allowing for the development of amenity centers and gas wells within the PD (Ordinance 2002-147, Exhibit 8). Further development of PD-139 has been limited, and approximately 213 acres have been zoned out of the PD since 2002 into standard zoning districts. In accordance with Ordinance DCA18-0009u, the permitted uses and development standards may remain consistent with those established by the PD and Article II, Appendix B-Zoning of the Code of Ordinances (1969 Zoning Ordinance). However, the proposed amendment to PD-139 must follow the current procedures and amendatory regulations. Denton Development Code (DDC) Section 2.7.3 outlines the procedures and criteria for approval for planned development amendments, including thresholds which require a Major Amendment and approval through the zoning process. Although the multi-family use is currently permitted under the PD regulations, the detailed Development Plan associated with the proposed increase in gross floor area requires a Major Amendment (DDC Section 2.7.3C.6.d.ii). PLANNING AND ZONING COMMISSION This item was originally scheduled for public hearing at the December 15, 2021 Planning and Zoning Commission Meeting. Due to feedback provided by nearby residents, the public hearing was continued, and consideration of the item was postponed to the January 12, 2022 Planning and Zoning Commission meeting to allow time for the applicant to schedule an additional neighborhood meeting. On January 12, 2022, the Planning and Zoning Commission held a public hearing and recommended approval (7-0) of the requested Planned Development Amendment with staff’s recommended condition. 770 During the meeting, one member of the public spoke in opposition to the request, citing concerns related to traffic, density, lack of neighborhood amenities, and the affordable housing nature of the proposal. Two members of the Commission remarked on the unique nature of the request—that the proposed use was permitted as part of the original PD-139 and that the request is only related to the site layout and details. At the close of the public hearing the Commission recommended approval of the request (7-0). A full Staff Analysis of the proposed Planned Development Amendment, including a further analysis of the plan map, 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 with staff’s condition outlined below (7-0). Staff recommended approval of the request, subject to the following condition, as it is consistent with the criteria in Section 2.4.5.E of the Denton Development Code (DDC) for approval of all applications, and Section 2.7.3.D of the DDC for approval of a planned development amendment. 1. Measurement of the Lot Width must comply with 2019 Denton Development Code Subchapter 9: The horizontal distance between the side lines, measured at the front property line adjacent to the public right-of-way. The lot width for a corner lot shall be measured along the right-of-way upon which the address is assigned. The flagpole portion of a flag lot shall be ignored in measuring lot width. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Date Council, Board, Commission Request Action March 5, 1991 City Council Rezoning to PD-139 Approval (Ordinance 91-034) September 7, 1999 City Council Amendment to Concept Plan Approval (Ordinance 1999-317) May 14, 2002 City Council Amendment to Concept Plan Approval (Ordinance 2002-147) September 17, 2019 City Council Transition to 2019 DDC and established PD procedures Approval (Ordinance DCA18-0009u) May 18, 2021 City Council Resolution of No Objection Approval (Resolution 21-691*) December 15, 2021 Planning and Zoning Commission Planned Development Amendment PD21-0004 Continued the public hearing and postponed consideration of the item allowing for a community meeting January 12, 2022 Planning and Zoning Commission Planned Development Amendment PD21-0004 Recommend Approval (7-0) 771 * The resolution provides “no objection” to the new construction of affordable and market rate rental housing to facilitate the possible award of Housing Tax Credits (Exhibit 10) thereby allowing the applicant access to different financing resources. This approval does not obligate subsequent approval of the Planned Development Amendment nor any other development applications associated with the proposed development. PUBLIC OUTREACH: Three notices were sent to property owners within 200 feet of the subject property. Zero courtesy notices were sent to physical addresses within 500 feet of the subject property. As of the writing of this report, staff has received 13 virtual white cards in opposition, two responses in opposition, and two responses in support of the request. A notice was published in the Denton Record Chronicle on November 28, 2021. A notice was published on the City’s website on November 23, 2021. Seven signs were posted on the property on December 2, 2021. The applicant scheduled two virtual neighborhood meetings on November 5, 2021 and November 8, 2021. No attendees participated in the meetings. Due to nearby resident concerns received in December 2021, the applicant scheduled additional virtual meetings on January 7, 2022 and January 10, 2022. Each meeting had between 12 to 20 attendees, and the primary concerns cited were related to density, traffic, and the affordable housing nature of the proposal. 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. Zoning Map 5. Future Land Use Map 6. Ordinance 1991-034 7. Ordinance 1999-317 8. Ordinance 2002-147 9. PD Development Plan 10. Resolution of No Objection 11. Notification Map and Responses 12. Presentation 13. Draft Ordinance 14. Ordinance Exhibits Respectfully submitted: Tina Firgens, AICP Deputy Director of Development Services/ Planning Director 772 Prepared by: Julie Wyatt Senior Planner 773 Planning Staff Analysis PD21-0004/Vintage Multifamily City Council District #4 REQUEST: Request to amend Planned Development 139 on 12 acres to accommodate the development of 207 multifamily dwelling units. SITE DATA: The site is a 12-acre undeveloped tract located at the southeast corner of the Vintage Boulevard and I-35W Vintage Boulevard Ramp intersection. It is currently used for agricultural purposes. Vintage Boulevard is classified as a Primary Arterial which originates at Hwy 377 and extends across I-35W and continues west as FM 2449. It is currently under construction (nearing completion) between Hwy 377 and I-35W to expand the roadway to a four-lane divided section with a five-foot sidewalk on the north side of the roadway and a ten-foot shared-use trail (accommodates bicycles and pedestrians) along the south side of the roadway. Future mobility plans depict an extension of Loop 288 (currently terminates at I-35 in north Denton) toward the west and south, ultimately connecting to I-35W at FM 2449. Currently, I-35W is constructed as a four-lane divided interstate highway with curved exit ramps connecting to Vintage Boulevard. An expansion of the roadway is currently in design and will include additional travel lanes, frontage roads, and redesigned ramps at Vintage Boulevard/FM 2449. There are no Environmentally Sensitive Areas on the site; however, a floodplain running east/west is located south of the subject site. SURROUNDING ZONING AND USES: Northwest: Zoning: PD-139 and Highway Corridor Use: undeveloped North: Zoning: PD-139 Use: undeveloped Northeast: Zoning: PD-139 Use: single-family residential West: Zoning: Highway Corridor (HC) District Use: undeveloped SUBJECT PROPERTY East: Zoning: PD-139 Use: Charter school use approved, currently undeveloped Southwest: Zoning: Hunter Ranch MPC (Single-Family, one dwelling per acre) Use: Undeveloped South: Zoning: Hunter Ranch MPC (Single-Family, one dwelling per acre) Use: Undeveloped Southeast: Zoning: PD-139 Use: Charter school use approved, currently undeveloped 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. 774 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 2.7.3.D of the DDC applies to this PD 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 rezoning to PD requests, or in this case a PD amendment. b. Prior Approvals The proposal is consistent with the permitted uses and development standards within PD-139: Planned Development 139 Proposal Conformance Use Residential/Multifamily Uses Multifamily Dwelling Use Yes Maximum Density 20 dwelling units per acre 17.7 dwelling units per acre Yes Minimum lot area 6,000 508,826 gross square feet Yes Minimum lot width 60 feet at the building setback line Site plan provides 36 feet at the building setback line The proposal includes a condition to modify the minimum lot width measurement to be consistent with the 2019 DDC definition of Lot Width. Minimum lot depth 100 feet 954 feet Yes Front yard setback 25 feet 290 feet Yes Rear yard setback 20-foot minimum, if greater than 2 stories, setback must be equal to one foot per 2 feet of height (50-foot maximum) 57 feet Yes Setback to I-35W 1. Buildings must be set back 40 feet from the right-of-way line 2. No multifamily buildings within 250 feet of the centerline 1. Minimum 100 feet setback from the right-of-way line 2. 250 feet from the centerline Yes 775 Side yard setback 10-foot minimum, if greater than 2 stories, setback must be equal to one foot per 2 feet of height (50-foot maximum) 57 feet Yes Adjacency Relationship At least 50% of the total perimeter of a tract used for a residential use must be adjacent to open space, existing residential uses, an arterial roadway or interstate highway, and/or undeveloped property 100% of the perimeter is adjacent to an arterial roadway or interstate highway and undeveloped property Yes Maximum building height 3 stories Per Article II, Appendix B-Zoning of the Code of Ordinances, a story is 11 feet, 6 inches. Roof gables can extend to an additional height, not to exceed 45 feet. 3 stories; 39’3” average roof height Yes Maximum lot coverage 40% Per Article II, Appendix B-Zoning of the Code of Ordinances, percentage of the lot that can be covered by the main building and all accessory buildings 25.5% 129,663 square feet of impervious area Yes Parking Article II, Appendix B- Zoning of the Code of Ordinances: 2 spaces per dwelling unit (no maximum) = 414 spaces 2019 Denton Development Code (Information only, not applicable): 557 spaces, permits 25% reduction for affordable projects (418 spaces) 2.05 spaces per dwelling unit; 425 total spaces Yes 776 • Landscaping and Trees: Ordinance 1991-034 states that the regulations of the Denton Landscape Code in effect on the date of the approval of the plan shall apply. Under the 1988 Landscape Code, commercial developments (which included multi- family) were required to comply with three general standards related to the request: minimum street yard landscaping, minimum parking lot landscaping, and parking lot screening. The following is a discussion of how the proposal meets the minimum requirements. o Street Yard Landscaping. The street yard is the area located between the right-of-way line and the front building wall. Developments are required to landscape a minimum of 20% of the street yard and provide one tree per 2,500 square feet of total street yard. The current request includes approximately 95,206 square feet street yard adjacent to I-35W, which requires a minimum of 19,041 square feet of landscaping and 38 trees. As proposed, the development provides 20,125 square feet of landscaping and 48 large canopy and ornamental trees, thus meeting or exceeding the minimum requirements. Due to easements which affect the site’s frontage, final tree locations in the street yard may require adjustment to ensure compatibility with utilities. o Parking Lot Landscaping. Any parking lots within the street yard area must contain landscape islands, peninsulas, or medians which total a minimum of 5% of the parking area. The Detailed Plan depicts 17 parking lot islands in the street yard area with a total square footage of about 4,800 square feet of internal landscaping (5%). o Parking Lot Screening. Developments must screen parking lots using either a berm, a masonry wall, or an evergreen hedge (combined with the trees planted as part of the street yard landscaping). The proposal provides a continuous row of evergreen shrubs along I-35W. Due to easements which affect the site’s frontage, final shrub locations in the street yard may require adjustment to ensure compatibility with utilities. o Additional Landscaping. Although not a requirement, the proposal provides the following landscaping elements consistent with current DDC standards which exceed the minimum standards of the PD: ▪ Street trees proposed along I-35W in addition to the street yard screening trees ▪ Trees planted along the entrance driveway ▪ Buffer trees planted along the east and south property lines ▪ Overall anticipated tree canopy at maturity-- 30% of the total site (152,647 square feet), including 158 large canopy trees and 42 ornamental trees ▪ Landscape islands distributed throughout the parking area (about one island every 12 parking spaces), each planted with a tree and drought-tolerant materials ▪ A variety of trees and landscape beds proposed within the common area to define the open spaces, recreation amenities, and pedestrian pathways ▪ Foundation plantings encompassing the buildings and clustered at the entrances 777 c. Consistent with the Comprehensive Plan and Other Applicable Plans The decision–making authority: a. Shall weigh competing goals, policies, and strategies. Denton Plan 2030 includes several goals, policies, and strategies which would address the proposal: • Future Land Use Map: The Future Land Use designation for the subject property is Low Density Residential. This designation applies to the City’s predominately single-family neighborhoods with densities up to 4 dwelling units per acre. The proposal is not consistent with Low Density Residential, as it is a multifamily use which includes 17.25 dwelling units per acre. • Preferred Growth Concept & Focus Areas Concept: Due to impacts that will occur as a result of the future Loop 288 connection to I-35W, the site is located in a Center Focus Area, indicating that more intensive development such as moderate densities are appropriate to support a mix of uses. Furthermore, the proposal incorporates some Urban Design Principles outlined in Table 4.1, including pedestrian connectivity and legibility throughout the site and connecting to the network on Vintage Boulevard and enhanced landscaping in open space areas. • Housing and Neighborhoods: The proposal furthers efforts to expand the availability of affordable housing choices in southwest Denton for those most in need of housing, including those with low incomes, consistent with Goal HN- 1, “Develop and maintain a housing stock that meets the needs of all residents with a diverse array of choice in type, cost, and location.” • Since the PD and the permitted multi-family use were established prior to the creation and approval of Denton Plan 2030, staff reviewed the previous Comprehensive Plan (1999-2020 Denton Plan) for further background information. The 1999-2020 Denton Plan designated this site and the property surrounding the intersection of I-35W and Vintage Boulevard as a Community Mixed-Use Center. This designation is intended for “shopping, services, recreation, employment, and institutional facilities that are required and supported by the surrounding community. Thus, a community activity center could contain a supermarket, drug store, specialty shops, service stations, one or more large places of worship, a community park, midsize offices, and employers, high- to moderate density housing, and perhaps an elementary or middle school. It includes vertically integrated uses where different uses may occur on each floor of the building.” 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. While the PD Amendment is not consistent with the Future Land Use Designation as provided for in the Denton Plan 2030, the residential use and proposed density are consistent with the overall goals of the Comprehensive Plan as outlined above and conform to the use and density standards established by the approved PD-139 District which predated the Denton Plan 2030. 778 d. Compliance with this DDC The proposed development shall comply with all applicable standards in this DDC, unless the standard is to be lawfully modified. The proposed PD Amendment complies with the PD Amendment process as outlined in DDC Section 2.7.3. Since the PD was adopted prior to the current regulations, the proposal follows the standards as required by the planned development regulations (Ordinance 1991-034) and Article II, Appendix B-Zoning of the Code of Ordinances (1969 Zoning Ordinance), except for the following proposed condition: Measurement of the Lot Width must comply with 2019 Denton Development Code Subchapter 9: The horizontal distance between the side lines, measured at the front property line adjacent to the public right-of-way. The lot width for a corner lot shall be measured along the right-of-way upon which the address is assigned. The flagpole portion of a flag lot shall be ignored in measuring lot width. Compliance with these standards is applied at the level of detail required for the subject submittal. The applicant has provided a development map in conformance with the application submittal requirements. The map has been reviewed for conformance with the PD development standards and conceptual perimeter street and utility improvements. Final design for drainage and public facilities will be reviewed with the civil engineering plan submittal. c. Compliance with Other Applicable Regulations The proposal conforms to the PD regulations for both use and development standards. d. Consistent with Interlocal and Development Agreements There are no interlocal or development agreements for the subject site. 7. Minimizes Adverse Environmental Impacts There are no Environmentally Sensitive Areas on the site. The development is compliant with the current DDC requirements for tree preservation and will be required to comply with the City’s current requirements for stormwater management, which will be fully analyzed with the Civil Engineering Plan review if this PD Amendment is approved. 8. Minimizes Adverse Impacts on surrounding Property This proposed development is not expected to have an adverse impact on surrounding properties. Although the majority of the property immediately adjacent to the subject site is undeveloped, the surrounding zoning and nearby development suggest that residential and neighborhood-serving uses will continue to develop along Vintage Boulevard. The proposed residential use is consistent with this trend. As designed, the use is oriented toward the I-35W and Vintage Boulevard rights-of- way, minimizing vehicular impacts to future development to the south or east of the site. The development plan is also consistent with the previously approved plans for a school on the adjacent property to the east in terms of site access. Furthermore, the floodplain located south of the property will likely limit the proximity of development in that area. 779 9. Minimizes Adverse Fiscal Impacts This proposed PD Amendment is not expected to have an adverse fiscal impact. Compliance with Utility, Service, and Improvement Standards This proposed PD Amendment will not negatively affect utilities, services or improvements. When the site is developed, it will be reviewed to ensure compliance with all applicable standards. Provides Adequate Road Systems According to applicant’s trip generation analysis, 240 multifamily dwellings generate approximately 1,306 weekday trips within a 24-hour period. (The TIA assumed 240 dwelling units; however, the final proposal includes 207 dwelling units.) According to the Traffic Impact Analysis submitted by the applicant and reviewed by City staff, traffic data collected by the applicant indicates that the intersection of I-35W and Vintage Boulevard currently operates at an acceptable level of service (B and C at peak times). The current expansion of Vintage Boulevard will increase the capacity to accommodate the proposed use (approximately 24,000 trips per day capacity) and continued development along the corridor. Further discussion regarding vehicular transportation is provided below. Provides Adequate Public Services and Facilities This proposed PD Amendment will not negatively affect public services and facilities. When the site is platted, the new development must connect with existing utility stubs and comply with all applicable standards to ensure adequate public services and facilities are constructed. 13. Rational Phasing Plan No phasing is proposed for this development. B. Section 2.7.3.D of the DDC states that an application for a rezoning to PD district may be approved based on the following conditions: a. Complies with the goals of the Comprehensive Plan. As was indicated above, the proposal is consistent with the overall goals and policies related to housing and Center Focus Areas in the Comprehensive Plan. b. Complies with this DDC, except where modifications are expressly authorized through the PD zoning document, the PD development standards document, and in the PD development plan map. The proposed PD regulations indicate an intent to comply with the DDC to the greatest degree possible in addition to the development standards outlined in Ordinance 91-034. c. Provides a greater level of building design quality, community amenities, and connectivity than would be required if the project were not being developed in the PD district. The proposal includes the following design enhancements above the minimum PD and DDC requirements: 780 • The proposed design is inwardly focused—pushing the vehicular maneuvering to the outer edge, leaving the center of the site for living space, open space, recreation, and pedestrian connections. • The conceptual building elevations include covered porches, awnings, and vertical and horizontal elements to break up the massing. • The parking area is designed as a perimeter street with crosswalks constructed with speed humps and/or colored pavement placed at regular intervals to calm traffic and allow for safer pedestrian movements. • Community amenities account for 16.9% of the total development area and include a clubhouse, pool area, gazebo, dog park, grill and picnic areas, lawns, pedestrian pathways, and bicycle parking. • The lot boundaries are irregular, allowing for access to the larger street network and the adjacent lot, but with a greater setback from the corner of I-35W and Vintage Boulevard. • A sidewalk connects the internal pedestrian pathways to the bike/pedestrian network on Vintage Boulevard. d. In the case of proposed residential development, that the development will promote compatible buildings and uses and that it will be compatible with the character of the surrounding areas. Given the context of the site, adjacent to an interstate highway and an arterial roadway, the proposed residential use is designed to minimize the noise and visual impacts associated with higher-traffic roadways. Furthermore, the proposal is consistent with the uses permitted within PD-139. e. In the case of proposed commercial, industrial, institutional, recreational and other non-residential uses or mixed-uses, that such development will be appropriate in area, location, and overall planning for the purpose intended. No non-residential uses are proposed as part of the PD amendment. f. The provisions of public facilities such as schools, fire protection, law enforcement, water, wastewater, streets, public services and parks are adequate to serve the anticipated population within the PD district. Schools Per the Denton Independent School District’s student generation formula, the proposal would generate approximately 62 elementary students, 23 middle school students, and 33 high school students. The proposed development is located within the attendance zone of Borman Elementary, McMath Middle School, and Denton High School. Denton ISD has confirmed that there is capacity to accommodate the students generated by this development. Nearest Fire Station The closest fire station is at 4201 Vintage Road, which is near the subject property on Vintage Boulevard. Thus, the proposal is within the eight minutes or less response time boundary. Water and Wastewater The development of the site will require connection to the existing 16” water line on Vintage Boulevard. Sanitary Sewer will connect to an existing line southeast of the site. No utility capacity issues have been identified that would affect the proposed development. 781 Streets Transportation related to the proposal A Traffic Impact Analysis (TIA) has been submitted and approved. According to the ITE Trip Generation Manual, 240 multifamily dwellings generate approximately 1,306 weekday trips within a 24-hour period, with 86 total morning peak hour and 106 evening peak hour. The proposal includes three vehicular driveways: • Connection to Vintage Boulevard: Vintage Boulevard includes a median opening at the proposed driveway connection, allowing for full access to the site. This connection is intended to be shared with the approved charter school located on the adjacent land to the east. • Connection to commercial lot (to the north): Currently, the commercial lot is undeveloped; however, any future development must connect to the proposed driveway stub-out. The purpose of the driveway is to encourage cross connectivity for the horizontal mix of uses and provide an additional point of access for this residential development. • Connection to the TxDOT ramp (future frontage road): As proposed, the driveway connection to the TxDOT ramp is subject to TxDOT approval and is required to meet emergency access requirements. If this driveway connection is not approved, then the applicant shall provide additional emergency access in accordance with the city’s access requirements. The TIA provided an analysis of the forecasted traffic impacts associated with the 2023 opening of the proposed use and the 2028 horizon (assuming a 3% traffic growth rate). The analysis concluded that the studied intersection at I-35W and Vintage Boulevard would not drop below acceptable levels: function at a C or D level of service in 2023 and B or C level of service in 2028 (with the completion of the I-35W improvements discussed below). 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. Access and Perimeter Street Improvements Vintage Boulevard is currently under construction (nearing completion) to expand the roadway to a divided four-lane section. Pedestrian improvements will include a 10-foot shared-use trail. 782 Future improvements to I-35W include new north- and south-bound frontage roads which will require a realignment of the entrance and exit ramps to remove the current curved roadways to a more typical diamond pattern. The north-bound frontage road adjacent to the site will include a dedicated right-turn lane, one through-lane, one shared through and left-turn lane, one left-turn lane, and one u-turn lane (see graphic, left). Completion of improvements is anticipated for 2028. Future area mobility improvements include the future John Paine Road, a north/south collector located east of the site which will connect Vintage Boulevard to Crawford Road. Parks Currently, the proposal is not within a 10- Minute Walk to a Park; however, the proposal includes 86,100 square feet of recreation area (16.9%) improved with a clubhouse, pool area, gazebo, dog park, grill and picnic areas, lawns, and pedestrian pathways. 783 ") I 35W 2449 I 35 WFM 2449 SONOMA LOIRE NAPAVALLEY V IN Y ARDPROVENCECLARET VINTAGE St ation7AccessTUSCANY ALSACESHIRAZ CANYON VERDE TAYLOR PARK RIDGEWAYI-35W RampPD21-0004Site Location 0 410 820205Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ Date: 4/21/2021 In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE 784 ") I 35W 2449 I 35 WFM 2449 SONOMA LOIRE NAPAVALLEY VINYARDPROVENCEVINTAGE St ation7AccessTUSCANYSHIRAZ CANYON VERDE TAYLOR PARK RIDGEWAYI-35W RampR2 PD RR R2 (S) MPC LI R6 PF HC PD21-0004Current Zoning Map 0 410 820205Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ Date: 4/21/2021 In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE RR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Corridor SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development MPC OVERLAY 785 ") I 35W 2449 LowResidential Parks /Open Space Government /Institutional CommunityMixed Use ModerateResidential I 35 WFM 2449 SONOMA NAPAVALLEY VINYARDPROVENCECLARET VINTAGE SHIRAZCANYON VERDE TAYLOR PARK RIDGEWAYI-35WRa mp PD21-0004Future Land Use Map 0 410 820205Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads Future Land Use Low Residential Moderate Residential Community Mixed Use Business Innovation Government / Institutional Parks / Open Space µ Date: 4/21/2021 In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE 786 FILE REFERENCE FORM 91-034 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Amended b Ordinance No. 99-317 09/07/99 JR Amended b Ordinance No. 2002-147 05/14/02 )R Amended by Ordinance No. 2003-166 06/03/2003 JK 787 mi Iiero 3 << Note Amended by Ordinance No 99-317 Note Amended by Ordinance No 2002-147 ORDINANCE NO ?1-0.6-41 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE FROM AGRICULTURE (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSI- FICATION AND USE DESIGNATION FOR 450 6 ACRES OF LAND LOCATED ALONG U S INTERSTATE 35W AND BOUNDED BY BONNIE BRAE, ROARK BRANCH, AND HICKORY CREEK, APPROVING A GENERAL CONCEPT PLAN FOR THE DISTRICT, PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, HSM Inc , Trustee for Southwest Denton Joint Venture, has applied for a change in zoning for 450 6 acres of land from agriculture (A) to planned development (PD) zoning district classi- fication and use designation and for approval of a general concept plan for the district, and WHEREAS, on February 27, 1991, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning and the approval of the general concept plan, WHEREAS, the City Council finds that the change in zoning and approval of the general concept plan will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the zoning district classification and use designation of the 450 6 acres of land described in Exhibit A, attached to and incorporated into this ordinance by reference, is changed from agriculture (A) to planned development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas SECTION II That Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the General Concept Plan for the district in accordance with article 11 of Appendix B- Zoning of the Code of Ordinances SECTION III That the City's official zoning map is amended to show the change in zoning district classification SECTION IV It shall be unlawful for any person to violate any condition or restriction imposed upon the use of any land under the provisions of this ordinance and any person found to be in viola- tion thereof shall, upon conviction, be fined a sum not exceeding 2,000 Each day that a violation occurs shall constitute a sepa- rate and distinct offense 788 SECTION V That 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 pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage J PASSED AND APPROVED this the-6 day of , 1991 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY BY fl` PAGE 2 789 EXHIBIT A 1 of 3 ) TRACT I BEING all that lot, tract or parcel of land out of the JAMES EDMONSON SURVEY, Abstract No 401 and the JAMES L HARRIS SURVEY, Abstract No 555 and a part of the S A PRITCHETT SURVEY, Abstract No 1021, situated about 4 miles South 35 West from the courthouse in Denton County, Texas, and embracing Parcel No 1, Parcel No 2 and Parcel No 3 described in the dead to Henry S Miller Company recorded in Volume 2240, Page 481 of the Denton County Dead Records; BEGINNING at the Southeast corner of said J E Edmonson Survey in the middle of a County Road for the Southeast corner of said Parcel No 1, from which an 8" pipe post bears N 88 50-1/2' W, 30-5/10 feet; THENCE N 88 50-1/2' W, to and along a fence for the South line of said Parcel No 1, a distance of 2,658-8/10 feet to a 1-inch iron on the west side of a corner post of a fence, for the Southwest corner of said Edmonson Survey and the Southeast corner of said S A Pritchett Survey and Southerly Southwest corner of said Parcel No 1; THENCE N 00 33' E, along the common line of said Edmonson and Pritchett Surveys for the Southerly West line of said Parcel No 1, a distance of 2,217-5/10 feet to a 1-inch iron on the East side of an old 10-inch oak corner post of a fence for a reentrant corner of said Parcel No 1, THENCE N 89 07' W, along a South line of said Parcel No 1, a distance of 1,997-5/10 feet to a 1-inch iron for the Westerly Southwest corner of said parcel No 1 and the Southerly Southeast corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page 538 of the said Deed Records; THENCE NORTHERLY, along the Westerly line of said Parcel No 1 and Easterly line of said State of Texas tract 1 N 27 24'E,67-4/10 feet, 2 N 30 31'E,599-9/10 feet to a damaged highway monument; 3 N 77 38'E,312-5/10 feet to a highway monument; 4 N 27 43'E,644-5/10 feet to a highway monument; 5 N 17'37'W,183-1/10 feet to a damaged highway monument; 6 N 62 28'W,139-2/10 feet to a highway monument; 7 N 27 28'E,426 feet to a highway monument; 8 N 22'23'E,99-7/10 feet to a damaged highway monument; 9 N 27 37'E,1,270-5/10 feet to a 1-inch iron in the North line of sa id Pritchett Survey and for the Northwest corner of said Parcel No 1; 790 EXHIBIT A 2 of 3 ) THENCE S 89 02' E, along the said North line of Pritchett Survey, to and along the North line of said Harris Survey, for the North line of said Parcel No 1, a distance of 3,061-8/10 feet to a f- inch iron for the Northwest corner of said Harris Survey and said Parcel No 1, Thence S 00 08' W, to and along the said middle of County Road, being along the East line of said Harris Survey, to and along the East line of said Edmonson Survey for the East line of said Parcel No 1, a distance of 5,299-2/10 feet to the PLACE OF BEGINNING, containing 401-23/100 acres of which 3-96/100 acres lie within said County Road, leaving 397-27/100 acres exclusive of said Road PARCEL 2 BEGINNING at a 1-inch iron on the Northwest side of a corner post of a fence for the Northwest corner of said Parcel No 2 and by previous deed call to be the Northwest corner of said S A Pritchett Survey, Abstract No 1021, THENCE S 89 02' E, along the North line of said Pritchett Survey for the North line of said Parcel No 2, a distance of 1,602-6/10 feet to a 1-inch iron for the Northeast corner of said Parcel No 2 and the Northerly Northwest corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page 538 of the said Deed Records; THENCE SOUTHWESTERLY, along the Easterly line of said Parcel No 2 and Westerly line of said State of Texas tract; 1 S 27 33' W, 789-3/10 feet to a damaged highway monument, 2 S 37 33' W, 405-2/10 feet to a highway monument, 3 S 27 44-1/2' W, 424-4/10 feet to a highway monument, 4 N 62 24' W, 490-2/10 feet to a damaged highway monument for a Northwest corner of said State of Texas tract in the North line of the right-of-way of the Denton to Ponder Road, THENCE N 61 52' W, along the said North line of right-of-way of the Ponder Road for a Southwesterly line of said parcel No 2, a distance of 423-8/10 feet to a 1-inch iron for the Southwest corner of said Parcel No 2; THENCE N 00 53' E, along the West line of said Parcel No 2, a distance of 996-8/10 feet to the PLACE OF BEGINNING, containing 35-6/10 acres 791 EXHIBIT A 3 of 3 ) TRACT II PARCEL 3 BEGINNING at a 3/4-inch iron for the Southwest corner of said Parcel No 3 and being by deed call in the West line of said S A Pritchett Survey, Abstract No 1021, THENCE N 00 53' E, along the West line of said Parcel No 3, a distance of 1,963 feet to a 1-inch iron for the Northwest corner of said Parcel No 3 in the Southerly line of right-of-way for the Denton to Ponder Road, THENCE S 62 171 E, along the said Southerly line of right-of-way, for the Northerly line of said Parcel No 3, a distance of 372 feet to a highway monument for a Southwest corner of the 42-526/1000 acres tract described in the deed to the State of Texas for highway right-of-way recorded in Volume 529, Page 538 of the said Deed Records, THENCE SOUTHEASTERLY and SOUTHWESTERLY, along the Easterly line of said Parcel No 3 and said Westerly line of State of Texas tract 1 S 38 261 E,208-5/10 feet, 2 S 6 10-1/2'W, 204 feet to a 7/8-inch iron, 3 S 27 39'W,400-2/10 feet to a highway monument, 4 S 27 411 E,351-5/10 feet to a damaged highway monument, 5 S 27 401 W,856-5/10 feet to a 1-inch iron for the Southeast corner of said Parcel No 3 and the Southerly Southwest corner of said State of Texas tract, THENCE N 89 07' W, along the South line of said Parcel No 3, a distance of 47-1/10 feet to the PLACE OF BEGINNING, containing 13-83/100 acres 792 GENERAL CONCEPT PLAN FOR 450 6 ACRE PLANNED DEVELOPMENT BUSINESS VILLAGE Henry S Miller/Grubb & Ellis Tract) 1 Relation to comprehensive Plan This tract is located southwest of the Denton Municipal Airport and within the Special Purpose Activity Center 2 Size of District The district includes 450 6 acres 3 Terms Terms used in this General Concept Plan shall have the meanings as defined in the Code of Ordinances of the City of Denton, unless defined in this Plan 4 Ordinance Governing This District and General Concept Plan are approved in accordance with and shall be governed by the provisions of article 11 of Appendix B-Zoning of the Code of Ordinances 5 Permitted Uses The following uses and combination of uses are permitted a) Hospitality Uses Facilities which offer transient lodging accommodations to the general public and which may provide additional services such as, but not limited to, restaurants, meeting rooms, and recreation facilities Uses such as hotels, motels, and convention, meeting, and conference facilities will provide support for the office, institution and manufacturing and distribution uses in the district b) Institutional Uses Facilities for large governmental, educational, medical and cultural facilities compatible with business and industrial park uses c) Manufacturing and Distribution Uses This category permits the development of manufacturing and distribution uses, but excludes any residential or multifamily land uses This category encourages manufacturing, assembly and warehouse and distribution type facilities d) Office Uses The office use category (along with interior secondary support retail facilities serving the office employees and guests, such as but not limited to, sundries, eating facilities) is encouraged as support for the Manufacturing and Distribution and Hospitality uses Office uses may also consist of independent office develop- 793 General Concept Plan-Business Village Page 2 ments which are well planned, amenity oriented facilities for service, industrial, and institutionally related users e) Residential/Multifamily Uses The residential/multi- family use category will provide for convenient nearby housing for a portion of the population to be employed in the "Business Village" A mix of mid to high density residential uses (single-family to multi-family) and the residential uses will be no more intensive than the parameters shown in the Development Standards The front yard of every single family home must have a minimum of two hardwood trees prior to occupancy f) Retail and Service Any establishment whose primary purpose is to provide goods and services to the general public for their use or consumption The retail uses category includes community shopping centers, automobile services, and other retail and personal services These facilities are compatible with the freeway corridor and will be well planned amenity oriented facilities designated to serve the regional population The permitted uses exclude residential/multifamily uses g) Recreational Uses The Manufacturing and Distribution, Hospitality, Office, and Institutional uses may have recreational facilities to support the health and welfare of employees including but not limited to golf courses, racquetball, polo, soccer, etc These types of recre- ational uses are proposed to be developed in conjunction with the open spaces and the intent of the overall planned development h) Accessory Uses A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with a principal use 6 Prohibited Uses The following uses are prohibited in the district Cement, lime, gypsum or plaster manufacturing Cemetery Concrete or asphalt batch plants (permanent facilities) Contractor's yard Fat rendering or animal reduction Fertilizer manufacturing Forge plant 794 General Concept Plan-Business Village Page 3 Gas, butane, propane operations Halfway house Hazardous and/or toxic chemical manufacturing Junk or salvage yard Machine shop or welding Mining or topsoil extraction Mobile home display or sales Paper or pulp manufacture Pawn shop Petroleum products refining Radio or T V broadcast or microwave towers Railroad yard or roundhouse Sexually oriented businesses Smelting of ores or metals Stockyards or slaughterhouse Development Standards a) Hospitality The development standards for property designated for hospitality uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum floor to area ratio Parking 5 AC 200 FT NONE 25 FT 10 FT 10 FT 25 FT 20 stories 50% 2 1 As listed for each use in the Denton zoning ordinance b) Institutional The development standards for property designated for institutional uses shall be as follows Minimum lot area None Minimum lot width None Minimum lot depth None Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 10 FT Corner lot requirement 25 FT Maximum building height 43 FT* Maximum lot coverage 50% Maximum floor to area ratio 2 1 795 General Concept Plan-Business Village Page 4 Parking As listed for each use in Denton zoning ordinance Height may be increased by 1 ft above 43 ft for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 20 stories c) Manufacturing and Distribution The development standards for property designated for manufacturing and distribution uses shall be as follows Minimum lot area 2 5 AC Minimum lot width 200 FT Minimum lot depth NONE Front yard setback 25 FT Rear yard setback 10 FT Side yard setback 10 FT Corner lot requirement 25 FT Maximum building height 43 FT* Maximum building coverage 75% Maximum floor to area ratio 1 1 Parking As listed for each in the Denton zoning ordinance Height may be increased by 1 ft above 43 ft for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 8 stories d) Office The development standards for property designated for commercial uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum floor to area r Parking use in None None None 25 FT 10 FT 10 FT 25 FT 43 FT* 50% do 3 1 As listed for each Denton zoning ordinance Height may be increased by 1 ft above 43 ft for each one foot of increase in the front, side, and rear yard setbacks, up to a maximum of 20 stories 796 General Concept Plan-Business Village Page 5 e) Residential/Multifamily Uses The development stan- dards for property designated for residential/multifamily uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum Density Parking use in 6000 SQ FT 60 FT 100 FT 25 FT S F 20 FT M F S F 6 FT M F 16 FT S F 2 1/2 stories M F 3 stories 40% 20 0 DU/AC As listed for each Denton zoning ordinance Multifamily rear yard 20 ft minimum, if greater than 2 stories, the rear yard setback shall be equal to one foot per each 2 ft of height to a maximum setback of 50 ft Multifamily side yard 10 ft minimum, if greater than 2 stories, the side yard setback shall be equal to one foot per each 2 ft of height to a maximum setback of 50 ft f) Retail The development standards for property desig- nated for retail uses shall be as follows Minimum lot area Minimum lot width Minimum lot depth Front yard setback Rear yard setback Side yard setback Corner lot requirement Maximum building height Maximum lot coverage Maximum floor to area r Parking use in the None None None 25 FT 10 FT 10 FT 25 FT 43 FT 50% do 0 8 1 As listed for each Denton Zoning Ordinance 797 General Concept Plan-Business Village Page 6 g) Adjacency Relationships for residential/multifamily uses 1) At least 50% of the total perimeter of a tract used for residential use (including multifamily) shall be adjacent to one or a combination of the following uses i) open space ii) Existing residential/multifamily uses or residential/multifamily zoned property iii) Existing or proposed arterial roadway or in- terstate highway right-of-way iv) Existing undeveloped property 2) No residential/multifamily use shall be located adjacent to manufacturing or bulk distribution uses, unless said residential/multifamily use is separated from those uses by an arterial roadway or a non- residential to residential/multifamily building-to- building separation distance of not less than 150 feet h) Setbacks The following setbacks shall control over any other specified setbacks 1) The minimum setback for buildings and parking facilities shall be forty (40) feet from the right-of- way line of I H -35W 2) No residential and multifamily buildings shall be permitted within 250 feet of the centerline of inter- state 35 W 3) Residential and multifamily buildings to be locat- ed adjacent to undeveloped property zoned for non- residential or multifamily uses shall observe an 80 foot building setback from the common property line 4) Non-residential and multifamily uses shall observe a minimum 100 foot building-to-building setback from existing adjacent residential and multifamily build- ings 798 General Concept Plan-Business village Page 7 5) Residential and multifamily buildings to be lo- cated adjacent to existing non-residential or multifam- ily uses shall observe a 100 foot building-to-building setback from existing adjacent non-residential build- ings i) Denton Airport Zoning Regulations All buildings and structures in the district shall also be subject to the height limitations of the Municipal Airport Zoning Regula- tions and federal regulations j) Open Space The open Space in the district shall con- tain 15% (or over one-seventh) of the gross land area in the existing 450 6 acre tract The open space will consist of at least all Roark Branch Floodway and those flood prone areas generally north of the first USGS elevation 576 con- tour which is south of the original channel of Hickory Creek The areas along the edge of the original channel of Hickory Creek will provide an ideal alignment and location for a future "hike/bike/pedestrian" trail k) Landscaping and Trees The regulations of the Denton Landscape Code in effect on the date of the approval of this Plan shall apply to the District 1) Development Intensity The overall intensity of development for the gross area, 450 6 acres, shall not exceed a floor to area ratio of 1 5 to 1 Miller2 799 ggE ~ ff M i E C Y C UW EI'a ~ ' 711' g n c j g s iy ~ E ~S II Duos auuol)-l-uvou eluno~ 1 Will MY11% AY 1114 1j,, k,rk 4 I s6i y 4y~ IR I 1Itr r~ o I I J z as a V171A A =41610Y M` w aM~ V g abed abeTTtn ssauisng--ueTd }daouoo TezauaD 800 801 CH-LGL\VOLI~ha~d~ept~GL\Our Documents~rdm~¢es\9~Z 99 010 doc Note Amended by Ordinance No 99-318 Note Amended by 0rdlnance No. NO q q-5/'f AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 91- 034 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 139 (PD-139) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 401 23 ACRES OF LAND LOCATED BETWEEN BONNIE BRAE ROAD AND INTERSTATE 35W AT FM 2449 (PONDER ROAD), PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-010) WHEREAS, on March 5, 1991, by Ordinance 91-034 the City Council approved a change in zomng for 450 6 acres of landed to Planned Development 139 (PD-139) Zoning Dmtnct, as more particularly described therein, and WHEREAS, Denton/CJW Partners, LTD, has applied for an amendment to the concept plan for Plan_nod Development 139 (PD-139) contmmng 401 23 acres of land, and WHEREAS, on August 11, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan, and WHEREAS, the City Council finds that the new concept plan will be m compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS E._Q.T.[Q_h~ That Ordinance 91-034, providing approval for the rezomng of450 6 acres to Planned Development 139 (PD-139) zomng district and the original concept plan for smd district, is amended by the approval of a new Concept plan attached hereto as Exhibit "B" and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference, subject to the following conditions A Non-residential hghtmg on the property shall be designed and mmntalned so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky B Access to Bonme Brae lncluchng construction access will not be permitted until such time that Bonnie Brae on either side of Ponder Road is either closed, or substantially mproved to include City of Denton standard pavement section and 100 year bridge improvements C No development other than the tangle family detached and one convenience store may occur until the Interchange at 1-35 and Ponder Road is reconstructed as a standard chamond configuratxon, or Ponder Road is extended to Hwy 377 and Ponder Road through the development is constructed with 2 lanes in each direction 802 CH-LGL\VOLl~shared~deptkLGL\Our Documcnts\Ordmances\99kZ 99-010 doe D Access locations to Ponder Road will be determined at detml plan submittal References to landscaped pomts of entry on the concept plan are merely to mdlcate that there will be access points and that they will be landscaped E The Concept Plan is subject to expiration per the table below Concent Plan Expiration Reoulrements Phases A/E, C, D, G, H, I & M shall be considered subJeCt to expiration requirements Phases 13, F, J, K & L shall not be considered subject to expiration reqmrements At least one phase (subJect to exp~ratmn), selected by the developer, must have an approved Detmled Plan by the end of thc year 2000, with recorded final plat by the end of the year 2002 At least one subsequent phase must have an approvext Detailed Plan by the end ofthe year 2004, with a recorded final plat by the end of the year 2006, etc Failure to comply with m~mmum time limits set forth m this section shall result m the expiration ofthe Concept Plan and the developer must obtmn new approval of a Concept Plan that in the d~scretmn ofthe City Council may be changed from the zomng uses provided in the original Concept Plan 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 2024 2026 5_.~CZT. LQ.~ That the provisions of this ordinance, including Exhibit B shall govern and control over any conthctmg provisions ofOrdinance 91-034, but all provisions ofOrdinance 91-034 as they apply to the remaining portion of the PD-139 zomng district land use regulations not herein amended, shall continue in full force and effect That a copy of this ordinance shall be attached to Ordinance 91-034 showing the amendment hereto approved T~TLO.]~ That any person violating any provision of th~s ordinance shall, upon conviction, be fined a sum not exceeding $2,000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense Page 2 803 804 805 806 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034 AND 99-317, TO CHANGE THE PERMITTED LAND USES FOR THE PLANNED DEVELOPMENT 139 (PD-! 39) ZONING DISTRICT AND LAND USE CLASSIFICATION TO ALLOW AMENITY CENTERS AND THE DRILLING, COMPLETING, OPERATING, REWORKING, RECOMPLETING AND PRODUCING OF NATURAL GAS, SAID PD139 CONTAINS APPROXIMATELY 401 ACRES AND IS COMMONLY KNOWN AS THE VINTAGE, PROVIDING FOR A SAVING CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (Z01-0048) WHEREAS, on March 5, 1991, by Ordinance 91-034 the Clty Council approved a change in zoning for 450 6 acres of land to Planned Development 139 (PD-139) zoning district, as more particularly described therein, and WHEREAS, on September 7, 1999, by Ordinance 99-317 the City Council approved an amendment to the Concept Plan of Planned Development 139 (PD-139) zoning district, as more particularly described therein, and WHEREAS, Denton CJW Partner, Ltd, has applied for an amendment to the concept plan for Planned Development 139 (PD-139) containing 401 23 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"), and WHEREAS, on March, 27, 2002, the Planning and Zoning Commission concluded a public heanng as required by law, and recommended approval with conditions of the requested amendment to the concept plan, and WHEREAS, the City Council finds that the amendment to the concept plan is consistent with the Comprehensive Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA1NS SECTION 1 Ordinances No 91-034 and No 99-317, providing approval for the rezomng of 450 6 acres to Planned development 139 (PD-139) and the original concept plan, and the amended concept plan for the Property, are amended to allow gas well development and amenity center has permitted uses, subJeCt to the following conditions 1 Gas well development shall comply with Subchapter 35 22 of the Development Code 2 The location of any structure or apparatus related to gas well operations, within dedicated parkland, shall be compatible with future plans for the parkland area Page 1 of 2 807 808 809 810 811 O=INANCE NO. dOg -'/¥7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 91-034 AND 99-317, TO CHANGE THE PERMITTED LAND USES FOR THE PLANNED DEVELOPMENT 139 (PD- 139) ZONING DISTRICT AND LAND USE CLASSIFICATION TO ALLOW AMENITY CENTERS AND THE DRILLING, COMPLETING, OPERATING, REWORKING, RECOMPLETING AND PRODUCING OF NATURAL GAS; SAID PD139 CONTAINS APPROXIMATELY 401 ACRES AND IS COMMONLY KNOWN AS THE VINTAGE; PROVIDING FOR A SAVING CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z01-0048) WHEREAS, on March 5, 1991, by Ordinance 91-034 the City Council approved a change in zoning for 450.6 acres of land to Planned Development 139 (PD-139) zoning district, as more particularly described therein; and WHEREAS, on September 7, 1999, by Ordinance 99-317 the City Council approved an amendment to the Concept Plan of Planned Development 139 (PD-139) zoning district, as more particularly described therein, and WHEREAS, Denton CJW Partner, Ltd, has applied for an amendment to the concept plan for Planned Development 139 (PD-139) containing 401.23 acres ofland as more particularly described in Exhibit "A" attached hereto and made a part hereofby reference (the "Property"); and WHEREAS, on March, 27, 2002, the Planning and Zoning Commission concluded apublic hearing as required by law, and recommended approval with conditions ofthe requested amendment to the concept plan; and WHEREAS, the City Council finds that the amendment to the concept plan is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinances No. 91-034 and No. 99-317, providing approval for the rezoning of 450.6 acres to Planned development 139 (PD-139) and the original concept plan, and the amended concept plan for the Property, are amended to allow gas well development and amenity center has permitted uses, subject to the following conditions: 1. Gas well development shall comply with Subchapter 35.22 ofthe Development Code. 2. The location of any structure or apparatus related to gas well operations, within dedicated parkland, shall be compatible with future plans for the parkland area. Page 1 of 2 812 813 814 815 3 BR3 BR3 BR3 BR2 BR4 BR2 BRVINT A G E B L V D INTERSTATE HIGHWAY 35WDDPOOL CLUB ORIGINAL ROWNEW ROWNEW RO W NEW ROWZONING: PDLANDUSE: VACANTZONING: PD LANDUSE: VACANT ZONING: PD LANDUSE: VACANT ZONING: N/A LANDUSE: ROW 10.0 85.6 26.0 GAZEBO PLAYGROUND R 2 5 . 0 R25.0 18.3 40.7 4.05.09.0 9.0 18.018.0 9.09.018.0 24.018.09.0 ZONING: MPC LANDUSE: VACANT 5.56.412.000 ACRES S.A. PR I T C H E T T SURVE Y ABSTR A C T N O. 1021 11.681 ACRESDD 3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BRD D DDBUILDING #4 R2 5 . 0 18.09.06.1 BUILDING #5 BUILDING #7 20. 0 5.0 3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR BUILDING #220' UTL. EASEMENTINTERSTATE 35W-EXIT ROADINTERSTATE 35W-FRONTAGE ROAD35 0 . 9 11 3 . 8 114.8100 . 0 99. 8 48.7 40. 4 78.857.49.018.026.026. 0 9.018. 0 26.09.0 18.0 26. 0 9.018. 0 57.9 3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #6 3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR3 BR2 BR2 BR2 BR3 BR3 BR4 BR4 BRBUILDING #3 40. 3 44. 4 16.115.820' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' LAND S C A P E B U F F E R 23.9VISITOR CALL BOX AND SITE MAP VEHICLE ACCESS GATE VEHICLE ACCESS GATE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 25' ACCESS EASEMENT 25' DRAINAGE EASMENT DOG PARK 10.0 10.0 34 5 . 1 MI N I M U M S E T B A C K F R O M C E N T E R L I N E 2 5 0 ' MI N I M U M S E T B A C K F R O M C E N T E R L I N E 2 5 0 ' 25' FRONT YARD SETBACK 20' REAR YARD BUILDING SETBACK 20' REAR YARD BUILDING SETBACK 15.013.1 10. 5 11. 2 10. 0 11.411.511. 6 14. 4 234.7 75.9160.981. 9 80.177.7234.876.0234.775.9213.975. 7 77. 9 208.9177.281 . 2 BUILDING #1 1 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 3 4 4 3 3 3 33 3 3 5 6 6 6 6 6 LAWN LAWN 7 77 7 7 20' UTILIT Y B U F F E R 20' UTILITY BUFFER20' UTILITY BUFFER14.0 6.0 5' SHARED SIDEWALK TO R.O.W. 7 T TTTT T TR25.0T TIE INTO EXISTING CONDUIT PCC1 CONDUIT TO BE STUBBED OUT AT PROPERTY LINE M MM M M M M M 7 DOG PARK ENTRY 5' SIDEWALK TO R.O.W. CROSSWALK 7 CROSSWALK, SPEED HUMP IN DRIVE AISLE CROSSWALK, SPEED HUMP IN DRIVE AISLE 88 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 88 8 8 8 8 8 8 8 8 8 11. 3 10 . 3 13.112.29 10 11 30.030.030.030.0 STUB OUT FOR FUTURE DRIVE CONNECTIONS TO PROPERTY TO THE NORTH 20'-0"20'-0"6'-0"PROVIDE 5' X 5' CLEAR, LEVEL APPROACH AREA DUMPSTER GATE 6'-0"MASONRY DUMPSTER SCREEN RE: 7/A2.11 *NOTE: CONCRETE PAD SHALL BE DESIGNED TO WITHSTAND 10,000#/ WHEEL AXLE LOAD. NOTE: AT PEDESTRIAN ENTRANCE PROVIDE 3' MIN. OPENING WITH A 5' X 5' CLEAR, LEVEL APPROACH AREA. SEE SITE PLAN FOR LOCATIONS. CONCRETE PAD*5 1/2" STEEL PIPE BOLLARD BOTH SIDES OF ENCLOSURE RE: 8/A2.11 6" STEEL PIPE BOLLARD RE: 8/A2.11 12A2.117A2.11 7 A2.11 2% MAX SLOPE ALL DIRECTIONS 4'-0"6'-0"4'-0" CL CL CL CL 3'-0"3'-0" 26'-0" ACCESSIBLE SIDE DOOR ACCESSIBLE SIDE DOOR 3'-0"TRASH DUMPSTER: VERIFY SIZE WITH PROVIDER (6'X6'SHOWN) RECYCLING DUMPSTER: VERIFY SIZE WITH PROVIDER (6'X6' SHOWN)1'-0"1'-0" 1'-0"12'-0"4'-8 3/4" 3'-0"5'-0"PROVIDE LEVEL 5' X 5' "T" TURNING AREA DROP RODS (CANE BOLT) TO SECURE GATES 8'-0"8'-0" 2'-0"CL CONC. FOOTING1'-6"8" 1-1/2" X 1-1/2" SQ. STL. TUBE 2'-0"3"PRECAST CAPSTONE COLUMN FOR COMPLETE CONCRETE FOOTING DETAILS CONSULT WITH STRUCTURAL ENGINEER RE:4/A2.11 2" X 2" SQ. STL. POST @ 8'-0" O.C. 3/4" X 3/4" SQ. PICKETS @ 6" O.C.3"5'-9"6"6'-6"34'-0"34-0"CL A R C H I T E C T S , L L C KELLY GROSSMAN 260 ADDIE ROY ROAD SUITE 210 AUSTIN, TEXAS 78746 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION SCALE: 1:50 25'50'0 100' NORTH DENTON, TX - LDG VINTAGE BOULEVARD SITE PLAN SITE PLAN ADJACENCY: 100% SITE PERIMETER IS BOUND BY EITHER OPEN SPACE OR HIGHWAY, 50% MIN. REQUIRED PROJECT # PD21-0004 DUMPSTER DETAIL1 DECORATIVE PERIMETER FENCE2 TOTAL PROJECT ACREAGE: 508,826 SF (11.68 ACRES) PROPOSED DENSITY: 207 UNITS (17.7 UNITS PER ACRE) LOT COVERAGE (SQUARE FOOTAGE AND PERCENTAGE OF IMPERIOUS SURFACE). LANDSCAPED AREA PERVIOUS: 183,230 SF (36.0%) HEIGHT: 3 STORY, 39'-3" TO AVERAGE ROOF HEIGHT RECREATION AREA: 86,100 SF (16.9%) PARKING STALLS: 9'X18' FIRE LANES: 26' WIDE WITH 25' RADII Sidewalk WIDTH: 5' ALONG BACK OF CURB AND 4' EVERYWHERE ELSE CONDENSING UNITS FOR HVAC SYSTEMS LOCATED ON ROOFS OF BUILDINGS PROPERTY LINE 6' DECORATIVE METAL FENCE ROAD CENTER LINE TOTAL PARKING REQUIRED: 557.7 SPACES TOTAL REQUIRED BIKE PARKING: 1 PER 20 SPACES REQUIRED BIKE PARKING: 557.7 / 20 =27.9 OR 28 SPACES PROVIDED BIKE PARKING 28 SPACES (ONE RACK HAS TWO SPACES) 1 LIGHT POLE LOCATION 2 BIKE PARKING (TWO RACKS EACH, 4 SPACES) 3 6' METAL PERIMETER FENCE 4 4' METAL POOL FENCE 5 PROJECT MONUMENT SIGN ACTUAL UNIT COUNT REDUCED TO 207 6 GRILL AREA WITH CHARCOAL GRILL & ADA PICNIC TABLE ON CONCRETE PAD 7 COLOR PAVING AREA 8 BUILDING ENTRANCES 9 DOG PARK FENCE 10 BENCH 11 DOG WASTE STATION INTERSTATE 35 W NOTE: ALL PROPOSED DRIVEWAY CONNECTIONS TO I35W MUST BE APPROVED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. 816 3 BR3 BR3 BR3 BR2 BR4 BR2 BRINTERSTATE HIGHWAY 35W DDPOOLCLUBORIGINAL ROWNEW ROW NEW ROWNEW ROW ZONING: PD LANDUSE: VACANTZONING: PDLANDUSE: VACANTZONING: PDLANDUSE: VACANTZONING: N/ALANDUSE: ROW10.085.626.0GAZEBOPLAYGROUNDR25.0R25.018.340.74.0 5.09.09.018.018.09.0 9.0 18.024.018.09.0ZONING: MPCLANDUSE: VACANT5.56.4 S. A . P R I T C H E T T S U R V E Y A B S T R A C T N O . 1 0 2 1 9216921792199220922192229223922492259226922792289229923092319232923392349235923693579358935993609361936293639364936593669367936893699370937193729373DD3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BRDDDDBUILDING #4R25.018.09.0 6.1BUILDING #5BUILDING #720.05.03 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #220' UTL. EASEMENTINTERSTATE 35W-EXIT ROAD IN T E R S T A T E 3 5 W - F R O N T A G E R O A D350.9113.8114.8100.099.848.740.478.857.49.018.026.026.09.018.026.09.018.026.09.018.057.93 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #63 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR 3 BR 3 BR2 BR 2 BR2 BR3 BR 3 BR4 BR 4 BRBUILDING #340.344.416.115.820' LANDSCAPE BUFFER20' LANDSCAPE BUFFER 20' L A N D S C A P E B U F F E R20' LANDSCAPE BUFFER 23. 9 VISITOR CALL BOXAND SITE MAPVEHICLE ACCESSGATEVEHICLE ACCESSGATE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE25' ACCESSEASEMENT25' DRAINAGEEASMENTDOGPARK10.010.0345.1MINIMUM SETBACK FROM CENTERLINE 250'MINIMUM SETBACK FROM CENTERLINE 250'20' REAR YARDBUILDING SETBACK20' REAR YARDBUILDING SETBACK15.013.110.511.210.011.411.511.614.4234.775.9160 . 981.980.177.7 234.8 76.0234.775.9213.975.777.9208.9 177.2 81.2BUILDING #1LAWNLAWN20' UTIL ITY BUFFER 20' UTILITY BUFFER 20' U T I L I T Y B U F F E R 14.06.05' SHAREDSIDEWALK TO R.O.W.TT TTTT T R 2 5 . 0 TDOG PARK ENTRY5' SIDEWALKTO R.O.W.CROSSWALKCROSSWALK,SPEED HUMPIN DRIVE AISLECROSSWALK,SPEED HUMPIN DRIVE AISLE11.310.313.112.2 30. 0 30.0 30.0 STUB OUT FOR FUTUREDRIVE CONNECTIONS TOPROPERTY TO THE NORTHPREMARKSCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMESing le Trunk , Dar kGreen, Ful l Cano py ,Matched, B&BLARGE SHADE TREE3" Ca l. 6 ' Ht. M in.PLANT LISTFull, Healthy , Br ightGreenPlant as ShownMINIMUM 3 ' TALL LOWWATER USAGE SHRUBDROUGHT TOLERANTPARKING LOT ISLANDPLANTING , NO TURF GRASSFull, Hea lthy , GreyGreenPlant as ShownDense, Healt hy ,Bright Green .Cynodon dactylonBermuda Grass 'T iff 4 19'Solid Sod as Labe led +/- 186 ,016SFSTREET YARDI-35 FRONTAGE STREET YARD I-35 FRONTAGE WAQuercus v irgi nianaLive O ak4" Ca l. 12 ' Ht . M in . Ilex cornutaBurford Ho lly3 Gal.REMARKSCOMMON NAMESIZESYMBOLQTY.Fraxinus texens isTexas Ash4" Cal . 12' Ht. M in .BOTANICAL NAMESing le Tru nk, Da rkGreen, Fu ll Canopy,Matched, B&BQuercus shumard iiShumard Oak4" Cal. 12 ' Ht . Mi n.Limestone Bo uldersLarge: 2 ' to 3'Cynodon dactylonBermuda Grass 'Ti ff 419 'Solid Sod as LabeledFull, Hea lthy , DarkGreen, Plan t as shownSingle T runk , DarkGreen, Fu l l Canopy ,Matched, B&BSingle Trunk , DarkGreen, F ul l Canopy ,Matched, B&BComplete LandscapeAbelia x grandiflora 'EdwardGoucher' Glossy Abe lia3 OR 5 Gal.Full, Hea lthy, B rightGreen,Plant as shownMahonia swasey iTexas barberry3 OR 5 Gal.AGFull, Hea lthy, B rightGreenPlant as ShownFull, Healthy , Br ightGreenPlant as ShownLantanaNew Gold Lantana3 Gal.Full, Healthy , DarkGreenPlant as ShownLoropetalum ch inenseBurgandy B last3 Gal.Full, Heal thy , Dar kGreen, P lant asshownLCPJBJIH Ternstroemia gym natheraCleye ra3 Gal.Full, Hea lthy , DarkGreen, Plant asshownCYFull, Heal thy , Br ightGreenPlant as Show nJasminum hum ile Ital ian Jasm ine3 OR 5 Gal.MP28AJAucuba japon icaJapanese Aucu ba3 Gal.Full, Hea lthy, B rightGreenPlant as ShownSalvia reglaMountain Sage3 Gal.Full, Healthy , GreyGreenPlant as ShownCGSeasonal P lant ing4" PotsHesperaloe parvi floraRed Yucca3 gal .RYFull, Healthy , DarkGreen, Pla nt asshownTREES - SHADESHRUBS AND GRASSESGROUNDCOVERSCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMEREMARKSCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMEElaeagnus commutataElaeagnus3 OR 5 Gal .423050126149153739710010488116313 20+/- 163 ,228SF350Dichondra argenteaSilve r Ponyfoot6" Pots 130 Cercis ca nade nsis 'Texens is 'Texas Red Bud4" Cal . 8 ' Ilex vom itor iaYaupon Holly4" Cal. 6'Multi -trunk , 3 -5 Canes,Dark Green , Fu ll Canopy,Matched, B&BMulti-tru nk, 3 -5 Canes ,Dark Green, Fu l l Canopy ,Matched, B&B 19 23Sing le T runk , Dar kGreen, Fu l l Cano py,Matched, B&BQuercus macroca rpaBur Oak4" Ca l. 8 ' -10 ' Ht . (M in .)36Full, Hea lthy, DarkGreenPlant as ShownMuhlenberg ia l indheimer iBig Muh ly Grass3 Ga l.Full, Hea lthy, Da rkGreen,Plant as shownBerberis thunberg i iPurple leaf Japanese Barber ry3 Ga l. PA Full, Hea lthy, B rightGreen, P lant as shown Iris german icaBearded Ir is3 Gal.Full, Hea lthy, B rightGreenPlant as ShownBIMuhle nberg ia cap il lar isGulf M uhly3 Gal.Full, Hea lthy, BrightGreen, Plant asshownGMMLGLLiriope musca ri 'Gig antea'Giant L irope3 Ga l .Full, Hea lthy , Br ightGreen, Plant asshownIN Full, Heal thy , Dar kGreen,Plant as shown Ilex cornuta 'Ne l lie R Ste vens'Nellie R Stevens Hol ly3 Gal.JASalv ia gregg i iAutumn Sage3 Ga l.Full, Healthy , Br ightGreen, P lant asshown SGFull, Heal thy , GreyGreenPlant as Show n Raphiole pis ind ica Ind ian Hawthorne3 Ga l.RI Pennis etum a lopec uro ides 'Hame ln 'Dwarf founta in Grass 1 ga l.26943111253296151215173201 SHRUBS AND GRASSES CONT.REMARKSCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMEAGPJMPAGAGAGAGMPMPMPMPPJ PJPJPJAGPJMPAGAGAGAGMPMPMPMPPJ PJPJPJAGPJMPAGAGAGAGMPMPMPMPPJ PJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJ PJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGMPAGAGAGAGMPMPMPMPPJPJPJ PJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJ AGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJ PJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGAGWALCCGWAWAWAWAWAWAWAWAWAWAWAWAWAWAWALCLCLCLCLCLCLCLCCGCGCGCGCGCGCGCGCGCGLCLCLCLCLCLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAMPMPMPMPMPIHAJAJ IHIHAJAJAJ AJAJAJAJAJMPMPMPIH IH IH IH IHINGMGMGMBIBIBIRYRYRYGMGMGMSGSGSG ININRYRYRYMLMLMLPA PAPA SGSGSGGLGLGLINININBIBIBI PAPAPA GLGLGLGMGMGMRYRYRYBIBIBI RYRYRYINININ GLGLGLSGSGSGMLMLMLINININ GMGMGMPAPAPAGMGMGMGLGLGLPAPAPARYRYRYMLMLMLINININPAPAPAGMGMGMSGSGSGRYRYRYBIBIBISGSGSGGMGMGMWA WAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYGMGMGMRYRYRYININ INSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPA GMGMGMRYRYRYGLGLGLBIBI BIINININ GMGMGMINININMLML MLBI BIBI GLGLGLSGSGSGGLGLGLPA PA PA RYRYRYMLMLMLPAPAPA IN ININ BI BI BIPAPA PAINININRYRYRY AJAJAJAJAJAJAJAJAJRYRYRYBI BIBIPA PA PA SGSGSGINININGLGLGLCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYRYRYRYBIBI BISGSGSGMLMLMLPA PA PA RYRYRYSGSGSGGMGMGMIN ININPAPA PAIH IHIHIH IHIH IHIH IHIHIHRYRYRYGMGMGMIN IN INSGSGSGPA PA PAPA PA MLMLMLGMGMGMGLGLGLPJPJPJ PJPJPJIH IH IH IH IH CGCGCGCGCGCGCGCGCGCGIH IH IH IH IH IH IH IH IH IH IHRYRYRYGMGMGMIN IN INSGSGSGPAPAPA RYRYRYBIBI BIGLGLGLMLMLMLPA PA PA AJAJAJAJAJAJAJAJAJWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYPJPJ PJPJPJPJIH IHIHIHIHMLMLMLBIBIBI SGSGSGRYRYRYGMGMGMIN IN INRYRYRYSGSGSGBI BIBIGLGLGLCGCGCGCGCGCGCGCGCGCGRYRYRYGMGMGMSGSGSGBIBIBI CGCGCGCGCGCGCGCGCGCGCGRYRYRYBIBIBI CGCGCGCGCGCGCGCGCGCGIN IN IN ININIHIH IH IH IH IHIHIHIHIHIH PJPJPJPJPJPJPJPJMPMPMPMPMPMPMPMPMPMPRYRYRYBI BIBI SGSGSGSGSGMLMLMLRYRYRYIN IN INBIBIBIGLGLGL SGSGSGMLMLMLIN ININ BIBIBI PAPA PA RYRYRYIN IN INMLMLMLCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGIHIHIH IHIHIH IH RYRYRYBIBIBI SGSGSGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYRYRYRYSGSGSGRYRYRYBIBI BI BIBIBISGSGSGLC LCLCLCLCRYRYRYINININRI RI RI RIRIRI RIRIRIRI RIRIRI JAJAJARYRYRYGMGMGMBI BI BI IN IN IN BJBJBJRYRYRYJA JAJAGMGMGMSGSGSGGLGLGLGLGLLCLCLCRYRYRYSGSGSGGLGLGLSGSGSGININININ INRYRYRYRYRYJAJAJAJAJAGMGMGMGMGMSGSGSGSGSGINININININBIBIBIBIBIJAJAJAJAJAGMGMGMGMGMGLGLGLGLGLGLIN ININININSGSGSGSGSGBJBJBJBJBJMLMLMLMLMLJAJAJAJAJABJBJBJBIBIBISGSGSGPA PA PASGSGSGININININININPAPAPAGLGLGLRYRYRYMLMLMLINININGLGLGLPA PAPA BIBI BIGLGLGLPAPAPA GMGMGMRYRYRYBIBIBIPA PA PABIBIBIPAPAPAPAPA BI BI BIPAPA PAPA PA GMGMGMBI BI BI PAPAPA PAPA RYRYRYBI BIBISGSGSGIN ININ MLMLMLGLGLGLLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCGMGMGMPA PA PA BIBI BI SGSGSGLCLCLCLCLCRYRYRYBI BIBISGSGSGGLGLGLRYRYRYIN IN IN BIBIBIPJPJPJPJPJPJPJMPMPMPMPMPIHIH IHIHIHIHIHIHIH PJPJPJMLMLMLRI RI RISGSGSGRYRYRYIN ININBIBI BIJA JAJAGMGMGMSGSGSGGLGLGLGLGLRI RI RIRIRI LCLCLCRYRYRYSGSGSGBI BI BIGLGLGLPAPAPA BJBJBJBJBJBJGMGMGMSGSGSGBIBIBIININ IN MLMLMLRYRYRYGMGMGMIHIHIHIHIHIHRIRIRIRIRIRIRISGSGSG PAPA PA RIRI RI RIRYRYRYJAJAJAGMGMGMBJBJBJPA PAPABIBIBI SGSGSGGLGLGLPA PA PACYCYCYCYCYRYRYRYJAJAJABIBIBIPAPAPARIRIRIRIRIRIRIRILCLCLCLCLCCGCGCGCGCGCGCGRYRYRYINININGLGLGLPAPAPASGSGSGBIBIBIPAPAPA IN IN IN GMGMGMGMGMRYRYRYMLMLMLBIBI BIIN ININPAPA PA GMGMGMSGSGSGBIBI BI RYRYRYMLINININ MLMLMLBI BI BI GLGLGLBJBJBJBJBJGMGMGMRYRYRYSGSGSGINININMLMLMLBJBJBJGMGMGMGLGLGLRYRYRYINININSGSGSGBIBI BIGLGLGLGLGLJAJAJAMLMLMLPA PA PARYRYRYININ INRYRYRYSGSGSGMLMLMLBI BIBIPA PAPA IN IN INRYRYRY SGSGSGMLMLMLBI BIBIPAPA PA IN IN INRYRYRYMLMLMLBIBIBI SGSGSGBI BIBIBJ BJBJGLGLGLGLGLGLGLGLRYRYRYJAJAJAINININSGSGSGSGSGSGRYRYRYBIBI BIBJBJBJ RYRYRYSGSGSGBIBIBI BJBJBJINGLGLGLRYRYRYSGSGSGBIBIBI BJBJBJIN IN GLGLRYRYRYSGSGSGBIBIBI BJBJBJIN IN GLGLGLRYRYRYSGSGSGBIBIBI BJBJBJIN RYRYBJBJBJINININSGSGSGBIBIBIGLGL RYRYRYBJBJBJINININSGSGSGBIBIBIGLGL RYRYRYBJBJBJINININSGSGSGBIBIBIGLGLLCLCLCWAWAWAWAWAWAWABIBIBIBIBIBIBIBIBILCLCLCRYRYRYGMGMGMSGSGSGSGSGSGJAJAJABIBIBIINININRYRYRYPAPAPAPAPAPAPAPAPASGSGSGGLGLGLPAPAPARYRYRYJAJAJASGSGSGBIBIBIBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLJAJAJAGMGMGMBIBIBILCLCLCLCLCLCGMGMGMJAJAJABIBIBIPAPAPABIBIBIRYRYRYGMGMGMSGSGSGJAJAJAGLJASGSGGMGMGMGMGMBJBJBJRYRYRYMLMLMLGMGMGMINININGLGLGLPAPAPAPAPARYRYRYINININGMGMGMPAPAPAPAPAPAINININSGSGSGMLMLMLGLGLGLGMGMRYRYRYRYRYSGSGSGMLMLMLGLGLGLINININININBIBIBIBIBIMLMLMLGLGLGL SGSGSGGMGMGMINININPA PA PA PA PASGSGSGGMGMGMIN IN INPA PAPA PAPABIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGL BI BI BIJAJAJARYRYRYGMGMGMBIBIBIGLGL JAJAJARYRYRYGMGMGMBIBIBIGLGL BIBIBIJA JAJARYRYRYGMGMGMRYRYRYBI BI BISGSGSGGLIN IN INSGSGSG GLGLGLRYRYRYBJBJBJIN ININSGSGSG GLGLGLRYRYRYBJBJBJJAJAJASGSGSGGMGMGMBI BIBI JAJAJASGSGSGGMGMGMBI BIBI JAJAJASGSGSGBIBIBIINININRYRYRY RYRYRYINININMLMLMLSGSGSGBJBJBJINININGLGLGLGL RYRYRYININ INGMGMGMBJBJBJJAJAJAMLMLMLRYRYRYINININ GMGMGMMLMLMLRYRYRYSGSGSGBIBI BI BIBIBIGMGMGMJAJAJASGSGSGMLMLMLLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYBIBIBIRYRYRYININININININBIBIBIRYRYRYMLMLML IN IN INBIBIBI RYRYRYMLMLMLGMRYRYRYGMGMBIBIBISGSGSGGLGLGL RYRYRYIN IN INBIBIBIGMGMGM JAJAJABJBJBJGLGLGLRYRYRYIN ININGMGMGMSGSGSGMLMLMLBIBI BI BI BIMLMLMLPA PAPA INININSGSGSG PAPAPA BIBIBIGM GMGMRYRYRYMLMLMLGLGLGLGLGLPA PAPA RI RI RIRYRYRYRYRYRYBIBI BISGSGSG IN ININMLMLMLGLGLGLIHIH IHIHIH IH IH IHIH IH IHIHIHIHIHIHIHIHIHIHIHIHBIBIBIININ GLGLMLMLGLGLGLPAPAPAPA PARYRYRYBIBIBIGLGLGLGLGLGLGL MLMLMLMLMLBI BIBIPAPAPAINININSGJAJAPAPAPAPAPAGMINMLRYRYRYSGSGSGPAPAPAINININSGSGSGPAPAPASGSGSGRYRYRYGMGMGMMLMLMLMLMLRYRYRYRYRYSGSGSGMLMLMLMLMLRYRYRYRYRYSGSGSGBIBIBIBIBIGLGLGLGLGLGMGMGMININININININMLMLMLRYRYRYMLMLMLGMGMGMBIBIBIAJAJAJAJAJAJAJAJAJAJAJAJAJAJAJSGSGSGRYRYRYRYRYINININMLMLMLSGSGSGSGPAPAPARYRYRYCYCYCYCYCYPAPAPAPAPARYRYRYINININMLMLMLSGSGSGRYRYRYINININBIBIBIRYRYRYINININSGSGSGMLMLMLGMGMGMSGSGSGMLMLMLGMGMGMSGSGSGSGSGSGBIBIBIJAJAJARYRYRYGMGMGMRYRYRYRYGMGMGMRYRYRYRYRYCGCGCGSGSGSGGMGMGMSGSGSGBIBIBIPAPAPAPAPAPAGMGMGMSGSGSGBIBIBIBIBISGSGSGINININ WAQuercus virginianaLive Oak4" Cal. 12' Ht. Min.Ilex cornutaBurford Holly3 Gal.COMMON NAMESIZESYMBOLFraxinus texensisTexas Ash4" Cal. 12' Ht. Min.BOTANICAL NAMEQuercus shumardiiShumard Oak4" Cal. 12' Ht. Min.Limestone BouldersLarge: 2' to 3'Cynodon dactylonBermuda Grass 'Tiff 419'Solid Sod as LabeledPlant PaletteAbelia x grandiflora 'Edwa rdGouche r' Glossy Abelia3 OR 5 Gal.Mahonia swaseyiTexas barberry3 OR 5 Gal.AGLantanaNew Gold Lantana3 Gal.Loropetalum chinenseBurgandy Blast3 Gal.LCPJBJIHTernstroemia gymnatheraCleyera3 Gal.CYJasminum humileItalian Jasmine3 OR 5 Gal.MPAJAucuba japonicaJapanese Aucuba3 Gal.Salvia reglaMountain Sage3 Gal.CGSeasonal Planting4" PotsHesperaloe parvifloraRed Yucca3 gal.RYElaeagnus commutataElaeagnus3 OR 5 Gal.Dichondra argenteaSilver Ponyfoot6" PotsCercis canadensis 'Texensis'Texas Red Bud4" Cal. 8'Ilex vomitoriaYaupon Holly4" Cal. 6'Quercus macrocarpaBur Oak4" Cal. 8'-10' Ht. (Min.)Muhlenbergia lindheimeriBig Muhly Grass3 Gal.Berberis thunbergiiPurpleleaf Japanese Barberry3 Gal.PAIris germanicaBearded Iris3 Gal.BIMuhlenbergia capillarisGulf Muhly3 Gal.GMMLGLLiriope muscari 'Gigantea'Giant Lirope3 Gal.INIlex cornuta 'Nellie R Stevens'Nellie R Stevens Holly3 Gal.JASalvia greggiiAutumn Sage3 Gal.SGRaphiolepis indicaIndian Hawthorne3 Gal.RIPennisetum alopecuroides 'Hameln'Dwarf fountain Grass1 gal.JMBLANDSCAPE PLANOVERALLA2.40IF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:5025'50'0100'OVERALLNORTHXref C:\Users\mcastillo\Documents\KG-TITLEBLOCK24X36 SCALED MC.dwg ISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021SECONDARY TREE (93.5% PRESERVED)QUALITY TREE (100% PRESERVED)HERITAGE TREE (100% PRESERVED)SECONDARY TREE TO BE REMOVEDPROPOSED PARKING / STREET TREETOTAL SITE AREA: 508,826 SFPERVIOUS AREA: 183,230 SFPERVIOUS PERCENTAGE: 36%OPEN SPACE: 86,100 SF (16.9%)BUILDING COVERAGE: 129,663 SF (25.5%)LANDSCAPE AREA (TURF OR SHRUB)COMMON OPEN SPACESTREET YARD AREA (I-35 FRONTAGE): 95,206 SFPARKING LOT ISLANDS REQUIRED: 4,760 SF (5%)PARKING LOT ISLANDS PROVIDED: 4,800 SF (5%)STREET YARD TREES REQUIRED: 1 PER 2,500SF = 38 TREESSTREET YARD TREES PROVIDED: 48 TREESSTREET YARD MINIMUM LANDSCAPE: 19,041SF (20%)STREET YARD LANDSCAPE PROPOSED: 20,125 SF (21%)MINIMUM LANDSCAPE REQUIREMENTSDEVELOPMENT SHALL CONFORM TO THE 1988 LANDSCAPE STANDARDS OF THE CITY OF DENTON, TXSTREET YARD LANDSCAPING. THE STREET YARD IS THE AREA LOCATED BETWEEN THE RIGHT-OF-WAY LINE AND THE FRONTBUILDING WALL.DEVELOPMENTS ARE REQUIRED TO LANDSCAPE A MINIMUM OF 20% OF THE STREET YARD AND PROVIDE ONE TREE PER 2,500SQUARE FEET OF TOTAL STREET YARD.ANY PARKING LOTS WITHIN THE STREET YARD AREA MUST CONTAIN LANDSCAPE ISLANDS, PENINSULAS, OR MEDIANS WHICHTOTAL A MINIMUM OF 5% OF THE PARKING AREA.DEVELOPMENTS MUST SCREEN PARKING LOTS USING EITHER A BERM, A MASONRY WALL, OR AN EVERGREEN HEDGE(COMBINED WITH THE TREES PLANTED AS PART OF THE STREET YARD LANDSCAPING).POINT SYSTEM: 30 POINTS MUST BE OBTAINED BY SELECTING LANDSCAPING ELEMENTS FROM TABLE 7.E. (DDC SECTION 7.7.5F).NOTE, TURF GRASS IS NOT PERMITTED IN PARKING LOT LANDSCAPE AREAS.STREET TREES: ONE STREET TREE MUST BE PLANTED ALONG ALL RIGHTS-OF-WAY IN (GENERALLY, ONE PER30 LINEAR FEET PLANTED WITHIN THE ROW OR 10 FEET FROM THE ROW) THESE TREES ARE IN ADDITION TO RIGHT-OF-WAYSCREENING AS REQUIRED BYTABLE 7.EPARKING LOT LANDSCAPING MUST BE PLANTED WITH DROUGHT-TOLERANT PLANTS, ORNAMENTAL GRASSES AND/OR NATIVEGRASSES. (DDC SECTION 7.7.5F.4BII). TURF GRASS IS PROHIBITED.TREE CANOPY COVERAGE CALCULATIONS30% OF TOTAL SITE AREA: 508,826 SF x 30% = 152,647.8158 PROPOSED LARGE TREES x 1,256 SF = 198,448 SF19 PROPOSED LARGE ORNAMENTAL TREES x 314 SF = 5,966 SF23 PROPOSED SMALL ORNAMENTAL TREES x 79 SF = 1,817 SF198,448 SF + 5,966 SF + 1,817 SF = 206,231 SF CANOPY COVERAGE1POOL/OUTDOOR LOUNGE AREALANDSCAPE AREA POINT SYSTEMMINIMUM OF 30 POINTS REQUIRED.POINTS PROVIDED:Right-of-Way Elements:One large canopy tree planted every 40 linear feet: 5 pointsThree small accent trees clustered every 30 linear feet: 5 pointsA minimum 3 foot high continuous hedge of evergreen shrubs: 5 pointsA minimum 3 foot high wrought iron perimeter fence with vines plantedevery 10 feet on center: 5 pointsParking Lot Landscaping Elements:Internal landscape islands with an area of at least nienf eet by 18 feetcontaining at least once large canopy tree placed evently at an averageof one for every ten spaces: 5 pointsEach planted tree meets or exceeds four caliper inches at the time ofplanting: 5 pointsTOTAL AMOUNT OF POINTS: 30 POINTS2GAZEBO3PLAYGROUND4LAWN AREA FOR GAMES/RECREATION ACTIVITIES123445SPACE FOR POTENTIAL FUTURE DOG PARK56GRILL AREA WITH CHARCOAL GRILL &ADA PICNIC TABLE ON CONCRETE PAD66666AMENITIES PROVIDED ON SITE7BIKE PARKING7777777LINETYPE LEGENDPARKING LOT LIGHTPOSTPROPERTY LINE20' LANDSCAPE BUFFER LINE20' UTILITY EASEMENT LINEWROUGHT IRON PERIMETER FENCE817 INTERSTATE HIGHWAY 35WORIGINAL ROWNEW R O W NEW ROW ZONING: MPC9228922992309231923292339234923593619362936393649365936693679368936993709371937293733 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BRDDDDBUILDING #4R25.018.09.0 6.1BUILDING #520.05.020' U T L . E A S E M E N T INTERSTATE 35W-EXIT ROAD350.948.740.478.857.49.018.026.026.09.0 18.03 B R 3 B R 2 B R 2 B R 2 B R 3 B R 3 B R 4 B R 4 B R BUILDING #340.344.416.120' L A N D S C A P E B U F F E R 20' LANDSCAPE BUFFER6' DECORATIVE6' DECORATIVEMETAL FENCE25' ACCESSDOGPARKMINIMUM SETBACK FROM CENTERLINE 250'20' REAR YARD10.511.210.021 3 . 9 75.777.920 8 . 9 17 7 . 2 81.2LAWN20' UTILITY BUFFERT TDOG PARK ENTRYCROSSWALK,SPEED HUMPIN DRIVE AISLE11.3STREET YARDI-35 FRONTAGE AGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGMPAGAGAGAGMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGAGWALCCGWAWAWAWAWAWAWAWAWAWAWAWAWAWAWALCLCLCLCLCLCLCLCCGCGCGCGCGCGCGCGCGCGLCLCLCLCLCLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAMPMPMPMPMPIHAJAJIHIHAJAJAJAJAJAJAJAJMPMPMPIHIHIHIHIHINGMGMGMBIBIBIRYRYRYGMGMGMSGSGSGININRYRYRYMLMLMLPAPAPASGSGSGGLGLGLINININBIBIBIPAPAPAGLGLGLGMGMGMRYRYRYBIBIBIRYRYRYINININGLGLGLSGSGSGMLMLMLINININGMGMPAPAPAGMGMGMGLGLGLPAPAPARYRYRYMLMLMLINININPAPAPAGMGMGMSGSGSGRYRYRYBIBIBISGSGSGGMGMGMWAWAGMGMGMRYRYRYINININSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPARYRYRYSGSGSGBIBIBIBJBJBJINRYRYBJBJBJINININSGSGSGBIBIBIGLGLRYRYRYBJBJBJINININSGSGSGBIBIBIGLGLRYRYRYBJBJBJINININSGSGSGBIBIBIGLGLLCLCLCWAWAWAWAWAWAWABIBIBIBIBIBIBIBIBILCLCLCRYRYRYGMGMGMSGSGSGSGSGSGJAJAJABIBIBIINININRYRYRYPAPAPAPAPAPAPAPAPASGSGSGGLGLGLPAPAPARYRYRYJAJAJASGSGSGBIBIBIBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLJAJAJAGMGMGMBIBIBILCLCLCLCLCLCGMGMGMJAJAJABIBIBIPAPAPABIBIBIRYRYRYGMGMGMSGSGSGJAJAJAGLJASGSGGMGMGMGMGMBJBJBJRYRYRYMLMLMLGMGMGMINININGLGLGLPAPAPAPAPARYRYRYINININGMGMGMPAPAPAPAPAPAINININSGSGSGMLMLMLGLGLGLGMGMRYRYRYRYRYSGSGSGMLMLMLGLGLGLINININININBIBIBIBIBIMLMLMLGLGLGLJAJAJASGSGSGGMGMGMBIBIBIJAJAJASGSGSGGMGMGMBIBIBIJAJAJASGSGSGBIBIBIINININRYRYRYRYRYRYINININMLMLMLSGSGSGBJBJBJINININGLGLGLGLRYRYRYBJBJBJMLMLRYRYRYINININRYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLBIBIBIININSGJAJAPAPAPAPAPAGMININININSGSGSGPAPAPAINININMLMLMLRYRYRYMLMLMLGMGMGMBIBIBIAJAJAJAJAJAJAJAJAJAJAJAJAJAJAJSGSGSGRYRYRYRYRYINININMLMLMLSGSGSGSGPAPAPARYRYRYCYCYCYCYCYPAPAPAPAPARYRYRYINININMLMLMLSGSGSGRYRYRYINININBIBIBIRYRYRYINININSGSGSGMLMLMLGMGMGMSGSGSGMLMLMLGMGMGMSGSGSGSGSGSGBIBIBIJAJAJARYRYRYGMGMGMRYRYRYRYGMGMGMRYRYRYRYRYCGCGCGSGSGSGGMGMGMSGSGSGBIBIBIPAPAPAPAPAPAGMGMGMSGSGSGBIBIBIBIBISGSGSGINININ3 BR3 BR3 BR3 BR2 BR4 BR2 BRINT E R S T A T E H I G H W A Y 3 5 W DDORIGI N A L R O W NEW R O W NE W R O W NEW R O W S.A. P R I T C H E T T SUR V E Y ABS T R A C T N O . 10 2 1 921692179219922092219222922392249225922692279228922992309231923292339234923693579358935993609361936293649365936793729373DD 3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR 1 BR2 BRDDDD3 BR 3 BR 2 BR 2 BR2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR 20' U T L . E A S E M E N T INT E R S T A T E 3 5 W - E X I T R O A D INTE R S T A T E 3 5 W - F R O N T A G E R O A D3 BR 3 BR 2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR 20' LA N D S C A P E B U F F E R 20' LAN D S C A P E B U F F E R 20' LA N D S C A P E B U F F E R 20 ' LANDSCAP E BUF F ERMINIMUM SETBACK FROM CENTERLINE 250'MINIMUM SETBACK FROM CENTERLINE 250'20' UT I L ITY BUFFER 20' UTILI T Y B U F F E R 20' UTI L I T Y B U F F E R TT T T TTT TDOG PARK E N T RY PREMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L NA M E Single Trun k , D a rk Green, Fu l l C a n op y , Matched, B & BLARGE SHADE T R EE3" Cal. 6' Ht. M i n . PLAN T L IS T Full, Health y , B r ig h t GreenPlant as S h o w n MINIMUM 3 ' T AL L L OWWATER USAG E S H RU BDROUGHT TOL E R A NTPARKING LOT I S L A NDPLANTING, NO T U R F G R A SS Full, Health y , G re y GreenPlant as S h o w n Dense, Hea l t h y , Bright Gre e n .Cynodon dacty l o nBermuda Gras s ' T i ff 4 1 9 'Solid Sod as L a b e l ed+/-186,016SF STREE T Y A R D I-35 FR O N T A G E STREET YARDI-35 FRONTAGE Quercus v i r g i n ia n a Live Oak4" Cal. 12 ' H t . Mi n . Ilex cornut a Burford H o l l y 3 Gal.REMARKS COMMON N A M E SIZE SYMBOL QTY.Fraxinus t e x e n si s Texas As h 4" Cal. 12' H t . M in . BOTANICAL N AM E Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Quercus s h u m ar d i i Shumard O a k 4" Cal. 12 ' H t . Mi n . Full, Healthy , D a rk Green, Plan t a s s h o w n Single Trunk, D a r k Green, Full C a n o p y, Matched, B& B Single Trunk, D a r k Green, Full C a n o p y, Matched, B& B Compl et e L a nd sc ap eAbelia x grandiflora 'EdwardGoucher' Glossy Abelia 3 OR 5 G a l . Full, Healthy , B r i gh t Green,Plant as sho w n Mahonia s w a s ey i Texas ba r b e r r y 3 OR 5 G a l . Full, Healthy , B r i gh t GreenPlant as Sho w n Full, Healthy , B r i gh t GreenPlant as Sh o w n LantanaNew Gold L a n t an a 3 Gal. Full, Healthy , D a r k GreenPlant as Sh o w n Loropetal u m c h in e n s e Burgandy B l a s t 3 Gal. Full, Healthy , D a r k Green, Plant a s shown Ternstroe m i a gy m n a t he r a Cleyera3 Gal. Full, Healthy , D a r k Green, Plant a s shown Full, Healthy , B r i gh t GreenPlant as Sh o w n Jasminum h u m i le Italian Jas m i n e 3 OR 5 G a l . 28Aucuba ja p o n i c a Japanese A u c u ba 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Salvia reg l a Mountain S a g e 3 Gal. Full, Healthy , G r ey GreenPlant as Sh o w n Hesperalo e p a r vi f l o r a Red Yucc a 3 gal. Full, Healthy , D a r k Green, Plant a s shown TREES - SHA D E SHRUBS AND G RA S S E S REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM E Elaeagnus c o mm u t a t a Elaeagnus3 OR 5 G a l . 4230 50126149153739710010488116313Cercis can a d e ns i s ' T e xe n s i s ' Texas Red B u d 4" Cal. 8'Ilex vomit o r i a Yaupon H o l l y 4" Cal. 6' Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B 19 23 Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Quercus m a c r o ca r p a Bur Oak4" Cal. 8'-1 0 ' H t . (M i n . ) 36 Full, Healthy , D a r k GreenPlant as Sho w n Muhlenber g i a l i nd h e i m er i Big Muhly G r a ss 3 Gal. Full, Healthy , D a r k Green,Plant as sho w n Berberis t h u n b er g i i Purpleleaf J a p an e s e Ba r b e r r y 3 Gal. Full, Healthy, B r i g ht Green, Plant a s s ho w n Iris germa n i c a Bearded I r i s 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Muhlenber g i a c ap i l l a r i s Gulf Muhly3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Liriope mus c a r i 'G i g a n te a ' Giant Lirop e 3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Full, Healthy , D a r k Green,Plant as sho w n Ilex cornut a ' N e l li e R St e v e n s ' Nellie R S t e v e ns H o l l y 3 Gal.Salvia gregg i i Autumn Sa g e 3 Gal. Full, Healthy , B r i gh t Green, Plant a s shownFull, Healthy , G r ey GreenPlant as Sh o w n Raphiolep i s i n d ic a Indian Haw t h o rn e 3 Gal.Pennisetum a l o p e c ur o i d e s 'H a m e l n ' Dwarf fount a i n Gr a s s 1 gal. 26943111253296151215173201 SHRUBS AND G RA S S E S C O N T .REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM E JMBLANDSCAPE PLANPARTIAL "A"A2.40AIF THIS BAR SCALE DOESNOT MEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "A"SITE LEGENDXref C:\Users\mcastillo\Documents\KG-TITLEBLOCK24X36 SCALED MC.dwg A2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021818 DD85.626.0GAZEBOPLAYGROUNDR25.040.74.09.09.018.018.09.0 9.0 18.05.5DD3 BR3 BR2 BR4 BRBUILDING #53 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #248.740.426.09.018.03 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #63 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR 3 BR2 BR 2 BR 3 BR4 BRBUILDING #315.823. 9DOGPARK 10.010.015.013.110.511.4234.775.9234.8 76.0234.775.9213.9 177.2 81.2BUILDING #1LAWNLAWNTT DOG PARK ENTRY13.1PCYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAAJAJAJAJAJMPMPMPIHIHIHIHIHRYRYRYBIBIBISGSGSGGMGMGMWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYGMGMGMRYRYRYINININSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPAGMGMGMRYRYRYGLGLGLBIBIBIINININGMGMGMINININMLMLMLBIBIBIGLGLGLSGSGSGGLGLGLPAPAPARYRYRYMLMLMLPAPAPAINININBIBIBIPAPAPAINININRYRYRYAJAJAJAJAJAJAJAJAJRYRYRYBIBIBIPAPAPASGSGSGINININGLGLGLCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYRYRYRYBIBIBISGSGSGMLMLMLPAPAPARYRYRYSGSGSGGMGMGMINININPAPAPAIHIHIHIHIHIHIHIHIHIHIHRYRYRYGMGMGMINININSGSGSGPAPAPAPAPAMLMLMLGMGMGMGLGLGLPJPJPJPJPJPJIHIHIHIHIHCGCGCGCGCGCGCGCGCGCGIHIHIHIHIHIHIHIHIHIHIHRYRYRYGMGMGMINININSGSGSGPAPAPARYRYRYBIBIBIGLGLGLMLMLMLPAPAPAAJAJAJAJAJAJAJAJAJWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYPJPJPJPJPJPJIHIHIHIHIHMLMLMLBIBIBISGSGSGRYRYRYGMGMGMINININRYRYRYSGSGSGBIBIBIGLGLGLCGCGCGCGCGCGCGCGCGCGRYRYRYGMGMGMSGSGSGBIBIBICGCGCGCGCGCGCGCGCGCGIHIHIHIHIHIHIHRYRYRYBIBIBISGSGSGPAPAPASGSGSGININININININPAPAPAGLGLGLRYRYRYMLMLMLINININGLGLGLPAPAPABIBIBIGLGLGLPAPAPAGMGMGMRYRYRYBIBIBIPAPAPABIBIBIPAPAPAPAPABIBIBIPAPAPAPAPAGMGMGMBIBIBIPAPAPAPAPARYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCGMGMGMPAPAPABIBIBISGSGSGINININRYRYRYMLMLMLBIBIBISGSGSGRYRYRYBIBIBIBJBJBJRYRYRYSGSGSGBIBIBIBJBJBJINGLGLGLRYRYRYSGSGSGBIBIBIBJBJBJININGLGLRYRYRYSGSGSGBIBIBIBJBJBJININGLGLGLGMGMRYRYRYRYRYSGSGSGMLMLMLGLGLGLINININININBIBIBIBIBIMLMLMLGLGLGLSGSGSGGMGMGMINININPAPAPAPAPASGSGSGGMGMGMINININPAPAPAPAPABIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMRYRYRYBIBIBISGSGSGGLINININSGSGSGGLGLGLRYRYRYBJBJBJINININSGSGSGGLGLGLRYRYRYBJBJBJGMGMGMMLMLMLRYRYRYSGSGSGBIBIBIBIBIBIGMGMGMJAJAJASGSGSGMLMLMLCYCYCYCYCYCYCYCYCYBIBIRYININININININBIBIBIRYRYRYMLMLMLINBIBIBIRYRYRYMLMLMLRIRIRIRYRYRYRYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHGLGLRYRYRYBIBIBIGLGLGLGLGLGLGLGMINMLRYRYRYSGSGSGPAPAPAMLMLMLMLMLRYRYRYRYRYSGSGSGMLMLMLMLMLRYRYRYRYRYSGSGSGBIBIBIBIBIGLGLGLGLGLGMGMGMININININININMLMLMLRYRYRYMLMLMLGMGMGMBIBIBIAJAJAJAJAJAJAJAJAJAJAJAJAJAJAJSGSGSGRYRYRYRYRYINININMLMLMLSGSGSGSGPAPAPARYRYRYCYCYCYCYCYPAPAPAPAPARYRYRYINININMLMLMLSGSGSGRYRYRYINININBIBIBIRYRYRYINININSGSGSGMLMLMLGMGMGMSGSGSGMLMLMLGMGMGMCGCGCGSGSGSGSGSGSGINININ3 BR3 BR3 BR3 BR2 BR4 BR2 BRINTE R S T A T E H I G H W A Y 3 5 W DD ORI G I N A L R O W NEW R O W NEW R O W NEW R O W S.A. P R I T C H E T T SUR V E Y ABS T R A C T N O . 102 1 DD 3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 2 BR 1 BR 2 BRDDDD3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR3 BR2 BR 3 BR 3 BR 20' UT L . E A S E M E N T INTE R S T A T E 3 5 W - E X I T R O A D INTE R S T A T E 3 5 W - F R O N T A G E R O A D3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR 20' LA N D S C A P E B U F F E R 20' LA N D S C A P E B U F F E R 20' LAN D S C A P E B U F F E R20' LANDS CAPE BUFFERMINIMUM SETBACK FROM CENTERLINE 250'MINIMUM SETBACK FROM CENTERLINE 250'20' UT IL I TY B UFFER 20' UTI L I T Y B U F F E R 20' UTIL I T Y B U F F E R TT T T TT T T DOG PARK EN T R Y PREMARK SCOMMON NA M ESIZE SYMBOL QTY.BOTANICAL N A ME Single Trunk, D a r k Green, Full C a n o p y ,Matched, B&B LARGE SH A D E TR E E 3" Cal. 6' Ht . M i n .PLANT L I ST Full, Healthy, B r i g h t GreenPlant as Sho w n MINIMUM 3' T A L L L O W WATER US A G E S H R U B DROUGHT T O L ER A N T PARKING L O T I SL A N D PLANTING, N O TU R F GR A S S Full, Healthy, G r e y GreenPlant as Sho w n Dense, Health y , Bright Green . Cynodon d a c t y l on Bermuda G r a s s ' T i f f 4 19 ' Solid Sod a s L ab e l e d +/-186,016SF STRE E T Y A R D I-35 F R O N T A G E STREET YARDI-35 FRONTAGE Quercus virg i n i a n a Live Oak4" Cal. 12' Ht . M i n . Ilex cornutaBurford Holly3 Gal. REMARKS COMMO N N AM E SIZESYMBOLQTY.Fraxinus texe n s i s Texas Ash4" Cal. 12' Ht. M i n . BOTANI C A L N A M E Single Trunk, Da r kGreen, Full Can o p y ,Matched, B&B Quercus shu m a r d i i Shumard Oa k 4" Cal. 12' Ht . M i n .Full, Healthy, D a r kGreen, Plant a s s h ow n Single Tr u n k , Da r k Green, F u l l C a no p y , Matched , B & B Single Tr u n k , Da r k Green, F u l l C a no p y , Matched , B & B Comple te La n ds ca peAbelia x grandiflora 'EdwardGoucher' Glossy Ab e l i a 3 OR 5 Gal.Full, Healthy, B r i g h tGreen,Plant as s h o w n Mahonia swa s e y i Texas barbe r r y 3 OR 5 Gal.Full, Healthy, B r i g h tGreenPlant as S h o wnFull, Healthy, B r i g h tGreenPlant as Shown LantanaNew Gold Lan t a n a 3 Gal.Full, Healthy, D a r kGreenPlant as Shown Loropetalum c h i n e ns e Burgandy Bla s t 3 Gal.Full, Healthy, D a r kGreen, Plant asshown Ternstroemia g y mn a t h e ra Cleyera3 Gal.Full, Healthy, D a r kGreen, Plant asshown Full, Healthy, B r i g h tGreenPlant as Shown Jasminum hu m i l e Italian Jasmi n e 3 OR 5 Gal. 28Aucuba japon i c a Japanese Au c u b a 3 Gal. Full, Healt h y , Br i g h t GreenPlant as S h o wn Salvia reglaMountain Sa g e 3 Gal.Full, Healthy, G r e yGreenPlant as Shown Hesperaloe p a r v i f l or a Red Yucca3 gal.Full, Healthy, D a r kGreen, Plant asshown TREES - S H A DE SHRUBS A N D G R A SS E S REMARK S COMMO N N AM E SIZESYMBOLQTY.BOTANI C A L N A M E Elaeagnus co m m ut a t a Elaeagnus3 OR 5 Gal. 4230 50126149153739710010488116313Cercis canad e n s i s 'T e x e ns i s ' Texas Red B u d 4" Cal. 8'Ilex vomitor i a Yaupon Holly4" Cal. 6'Multi-trunk, 3-5 C a n es ,Dark Green, Fu l l C a n op y ,Matched, B&B Multi-trunk, 3-5 C a n es ,Dark Green, Fu l l C a n op y ,Matched, B&B 1923 Single Trunk, Da r kGreen, Full Cano p y ,Matched, B&B Quercus macr o c a r pa Bur Oak4" Cal. 8'-10' H t . ( M i n. ) 36 Full, Healthy, D a r kGreenPlant as S h o wn Muhlenbergia l i n d h ei m e r i Big Muhly Gr a s s 3 Gal.Full, Healthy, D a r kGreen,Plant as shown Berberis thu n b e r g i i Purpleleaf Ja p a n e se B a r be r r y 3 Gal. Full, Healt h y , Br i g h t Green, P l a n t as s h o wn Iris germanic a Bearded Iris3 Gal. Full, Healt h y , Br i g h t GreenPlant as S h o wn Muhlenbergia c a p i l la r i s Gulf Muhly3 Gal. Full, Healt h y , Br i g h t Green, P l a n t as shown Liriope musca r i ' G i ga n t e a ' Giant Lirope3 Gal. Full, Healt h y , Br i g h t Green, P l a n t as shown Full, Healthy, D a r kGreen,Plant as shown Ilex cornuta ' N e l l i e R S t e ve n s ' Nellie R Stev e n s Ho l l y 3 Gal.Salvia greggiiAutumn Sage3 Gal.Full, Healthy, B r i g h tGreen, Plant asshownFull, Healthy, G r e yGreenPlant as Shown Raphiolepis i n d i c a Indian Hawth o r n e 3 Gal.Pennisetum alop e c u r o id e s ' H am e l n 'Dwarf fountain G r a ss 1 gal.26943111253296151215173201 SHRUBS A N D G R A SS E S CO N T . REMARK S COMMO N N AM E SIZESYMBOLQTY.BOTANI C A L N A M E JMBLANDSCAPE PLANPARTIAL "B"A2.40BIF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "B"SITE LEGENDA2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021819 3 BR3 BR3 BR3 BR2 BR4 BR2 BRPOOLORIGINAL ROWNEW ROW NEW ROW LANDUSE: VACANTZONING: N/ALANDUSE: ROWGAZEBOPLAYGROUND18.34.0 18.092169217921992209221922292239224922592269227923693579358935993609361DD3 BR3 BR2 BR2 BRBUILDING #5BUILDING #720' UTL. EASEMENT IN T E R S T A T E 3 5 W - F R O N T A G E R O A D113.8114.8100.099.826.09.018.026.09.018.03 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #63 BR2 BR 2 BR2 BR 15.820' LANDSCAPE BUFFER 20' L A N D S C A P E B U F F E R20' LANDSCAPE BUFFER23. 9 GATE6' DECORATIVEMETAL FENCE345.1MINIMUM SETBACK FROM CENTERLINE 250'11.411.511.614.4234.775.916 0 . 981.9234.8 81.2BUILDING #1LAWN20' UTILITY BUFFER 20' U T I L I T Y B U F F E R TT T10.330. 0 30.0P STREET YARD I-35 FRONTAGEPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJIHIHIHRYRYRYINININGLGLGLSGSGSGMLMLMLINININGMGMGMPAPAPAWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYGMGMGMRYRYRYINININSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPAGMGMGMRYRYRYGLGLGLBIBIBIINININGMGMGMINININMLMLMLBIBIBIGLGLGLSGSGSGGLGLGLPAPAPARYRYRYMLMLMLPAPAPAINININBIBIBIPAPAPAINININRYRYRY CGCGCGCGCGCGCGCGCGCGIHIHIHIHIHIHIHIHIHIHIHRYRYRYGMGMGMINININSGSGSGPAPAPARYRYRYBIBIBIGLGLGLMLMLMLPAPAPAAJAJCGCGCGCGCGCGCGCGCGCGCGRYRYRYBIBIBICGCGCGCGCGCGCGCGCGCGINININININIHIHIHIHIHIHIHIHIHIHIHPJPJPJPJPJPJPJPJMPMPMPMPMPMPMPMPMPMPRYRYRYBIBIBISGSGSGSGSGMLMLMLRYRYRYINININBIBIBIGLGLGLSGSGSGMLMLMLINININBIBIBIPAPAPARYRYRYINININMLMLMLCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGLCLCLCLCLCWAWAWAWAWAIHIHIHIHIHIHIHRYRYRYBIBIBISGSGSGCYCYCYCYCYWARIRIRIRIRIRIRIRIRYRYRYRYJAJAJAJAJAGMGMGMGMGMSGSGSGSGSGINININININBIBIBIBIBIJAJAJAJAJAGMGMGMGMGMGLGLGLGLGLGLRYRYRYMLMLMLINININGLGLGLPAPAPABIBIBIGLGLGLPAPAPAGMGMGMRYRYRYBIBIBIPAPAPABIBIBIPAPAPAPAPABIBIBIPAPAPAPAPAGMGMGMBIBIBIPAPAPAPAPARYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCGMGMGMPAPAPABIBIBISGSGSGRYRYRYINININBIBIBIPJPJPJPJPJPJPJMPMPMPMPMPIHIHIHIHIHIHIHIHIHPJPJPJMLMLMLRIRIRISGSGSGRYRYRYINININBIBIBIJAJAJAGMGMGLGLGLCYCYCYCYCYRYRYRYJAJAJABIBIBIPAPAPARIRIRIRIRIRIRIRILCLCLCLCLCCGCGCGCGRYRYRYINININGLGLGLPAPAPASGSGSGRYRYRYINININRYRYRYSGSGSGMLMLMLBIBIBIPAPAPARYRYRYINININMLMLMLSGSGSGBJBJBJINININGLGLGLGLRYRYRYINININGMGMGMBJBJBJJAJAJAMLMLMLRYRYRYINININGMGMGMMLMLMLRYRYRYSGSGSGBIBIBIBIBIBIGMGMGMJAJAJASGSGSGMLMLMLLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYBIBIBIRYRYRYININININININBIBIBIRYRYRYMLMLMLINININBIBIBIRYRYRYMLMLMLGMRYRYRYGMGMBIBIBISGSGSGGLGLGLRYRYRYINININBIBIBIGMGMGMJAJAJABJBJBJGLGLGLRYRYRYINININGMGMGMSGSGSGMLMLMLBIBIBIBIBIMLMLMLPAPAPAINININSGSGSGPAPAPABIBIBIGMGMGMRYRYRYMLMLMLGLGLGLGLGLPAPAPAIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHINININSGSGSGRYRYRYGMGMGMMLMLMLMLMLRYRYRYRYRYSGSGSGMLMLMLMLMLRYRYRYRYRYSGSGSGBIBIBIBIBIGLGLGLGLGLGMGMGMININININININMLMLMLRYRYRYML3 BR3 BR3 BR3 BR2 BR4 BR2 BRDD S.A. P R I T C H E T T SUR V E Y ABST R A C T N O . 10 2 1 DD3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BR D DDD3 BR 3 BR 2 BR 2 BR2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR 3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR TT T T TTT TDOG PARK E N T RY PREMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L NA M E Single Trunk , D a r k Green, Ful l C a n op y , Matched, B & B LARGE S H A DE T R E E3" Cal. 6' Ht. Mi n . PLAN T L IS T Full, Health y , B r ig h t GreenPlant as S h o w n MINIMUM 3 ' T AL L L OWWATER USAGE S H RU BDROUGHT TOLE R A NTPARKING LOT I S L A NDPLANTING, NO T U R F G R A SS Full, Health y , G re y GreenPlant as S h o w n Dense, Hea l t h y , Bright Gre e n .Cynodon dacty l o nBermuda Gras s ' T i f f 4 1 9 'Solid Sod as L a b e l ed+/-186,016SF STREE T Y A R D I-35 FR O N T A G E STREET YARDI-35 FRONTAGE Quercus v i r g i n ia n a Live Oak4" Cal. 12 ' H t . Mi n . Ilex cornut a Burford H o l l y 3 Gal. REMAR K S COMMON N A M E SIZE SYMBOL QTY.Fraxinus t e x e n s is Texas Ash4" Cal. 12' H t . M in . BOTANICAL N AM E Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Quercus s h u m ar d i i Shumard O a k 4" Cal. 12 ' H t . Mi n . Full, Healthy , D a r k Green, Plan t a s sh o w n Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Compl e te L a nd sc ap eAbelia x grandiflora 'EdwardGoucher' Glossy Abelia 3 OR 5 G a l . Full, Healthy , B r i g ht Green,Plant as show n Mahonia s w a s e yi Texas ba r b e r r y 3 OR 5 Ga l . Full, Healthy , B r i g ht GreenPlant as Sho w n Full, Healthy , B r i g ht GreenPlant as Sho w n LantanaNew Gold L a n t an a 3 Gal. Full, Healthy , D a r k GreenPlant as Sho w n Loropetalu m c h in e n s e Burgandy B l a s t 3 Gal. Full, Healthy , D a r k Green, Plant a s shown Ternstroe m i a gy m n a t he r a Cleyera3 Gal. Full, Healthy , D a r k Green, Plant a s shown Full, Healthy , B r i g ht GreenPlant as Sho w n Jasminum h u m i l e Italian Jas m i n e 3 OR 5 Ga l . 28Aucuba ja p o n i c a Japanese A u c u ba 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Salvia reg l a Mountain S a g e 3 Gal. Full, Healthy , G r e y GreenPlant as Sho w n Hesperalo e p a r v if l o r a Red Yucca3 gal. Full, Healthy , D a r k Green, Plant a s shown TREES - SHA D E SHRUBS AND G R AS S E S REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM E Elaeagnus c o mm u t a t a Elaeagnus3 OR 5 G a l . 4230 50126149153739710010488116313Cercis can a d e n si s ' T e xe n s i s ' Texas Red B u d 4" Cal. 8'Ilex vomit o r i a Yaupon H o l l y 4" Cal. 6' Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B 1923 Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Quercus m a c r o c ar p a Bur Oak4" Cal. 8'-10 ' H t . (M i n . ) 36 Full, Healthy , D a r k GreenPlant as Sho w n Muhlenber g i a l i nd h e i m e ri Big Muhly G r a ss 3 Gal. Full, Healthy , D a r k Green,Plant as sho w n Berberis t h u n b er g i i Purpleleaf J a p a ne s e B ar b e r r y 3 Gal. Full, Healthy, B r i g ht Green, Plant a s s ho w n Iris germa n i c a Bearded Ir i s 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Muhlenber g i a c ap i l l a r i s Gulf Muhly3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Liriope mus c a r i 'G i g a n t ea ' Giant Lirop e 3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Full, Healthy , D a r k Green,Plant as sho w n Ilex cornut a ' N e l li e R St e v e n s ' Nellie R St e v e n s H o l l y 3 Gal.Salvia gregg i i Autumn Sa g e 3 Gal. Full, Healthy , B r i g ht Green, Plant a s shownFull, Healthy , G r e y GreenPlant as Sho w n Raphiolep i s i n d ic a Indian Haw t h o r ne 3 Gal.Pennisetum a l o p e c ur o i d e s 'H a m e l n ' Dwarf fount a i n Gr a s s 1 gal. 26943111253296151215173201 SHRUBS AND G R AS S E S C O N T .REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM EIF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "C"JMBLANDSCAPE PLANPARTIAL "C"A2.40CSITE LEGENDA2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021820 3 BR3 BR3 BR3 BR2 BR4 BR2 BRPOOLCLUBLANDUSE: VACANT ZONING: PDLANDUSE: VACANT10.0R25.018.34.0 5.024.018.09.06.4BUILDING #799.826.09.018.057.9VISITOR CALL BOXAND SITE MAPVEHICLE ACCESSGATEVEHICLE ACCESSGATE6' DECORATIVEMETAL FENCE25' DRAINAGEEASMENT14.4160.981.980.177.7 14.06.05' SHAREDSIDEWALK TO R.O.W.TR 2 5 . 0 T5' SIDEWALKTO R.O.W.CROSSWALK12.2 30.0 30.0 STUB OUT FOR FUTUREDRIVE CONNECTIONS TOPROPERTY TO THE NORTHCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMELARGE SHADE TREE3" Cal. 6' Ht. Min.PLANT LISTMINIMUM 3' TALL LOWWATER USAGE SHRUBDROUGHT TOLERANTPARKING LOT ISLANDPLANTING, NO TURF GRASSCynodon dactylonBermuda Grass 'Tiff 419'Solid Sod as Labeled+/-186,016SFSTREET YARDI-35 FRONTAGECGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGINININININIHIHIHIHIHIHIHIHIHIHIHPJPJPJPJPJPJPJPJMPMPMPMPMPMPMPMPMPMPRYRYRYBIBIBISGSGSGSGSGMLMLMLRYRYRYINININBIBIBIGLGLSGSGSGMLMLMLINININBIBIBIPAPAPARYRYRYINININMLMLMLCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGIHIHIHIHIHIHIHRYRYRYBIBIBISGSGSGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYRYRYRYSGSGSGRYRYRYBIBIBIBIBIBISGSGSGLCLCLCLC LCRYRYRYINININRIRIRIRIRIRIRIRIJAJAJARYRYRYGMGMGMBIBIBIINININBJBJBJRYRYRYJAJAJAGMGMGMSGSGSGGLGLGLGLGLLCLCLCRYRYRYSGSGSGGLGLGLSGSGSGINININININRYRYRYRYRYJAJAJAJAJAGMGMGMGMGMSGSGSGSGSGINININININBIBIBIBIBIJAJAJAJAJAGMGMGMGMGMGLGLGLGLGLGLINININININSGSGSGSGSGBJBJBJBJBJMLMLMLMLMLJAJAJAJAJABJBJBJBIBIBISGSGSGPAPAPASGSGSGININININININPAPAPAGLGLGLLCLCLCLCLCRYRYRYBIBIBISGSGSGGLGLGLPJPJPJPJPJPJPJMPMPMPMPMPIHIHIHIHIHIHIHIHIHPJPJPJMLMLMLRIRIRISGSGSGRYRYRYINININBIBIBIJAJAJAGMGMGMSGSGSGGLGLGLGLGLRIRIRIRIRILCLCLCRYRYRYSGSGSGBIBIBIGLGLGLPAPAPABJBJBJBJBJBJGMGMGMSGSGSGBIBIBIINININMLMLMLRYRYRYGMGMGMIHIHIHIHIHIHRIRIRIRIRIRIRISGSGSGPAPAPARIRIRIRIRYRYRYJAJAJAGMGMGMBJBJBJPAPAPABIBIBISGSGSGGLGLGLPAPAPACYCYCYCYCYRYRYRYJAJAJABIBIBIPAPAPARIRIRIRIRIRIRIRILCLCLCLCLCCGCGCGCGCGCGCGRYRYRYINININGLGLGLPAPAPASGSGSGBIBIBIPAPAPAINININGMGMGMGMGMRYRYRYMLMLMLBIBIBIINININPAPAPAGMGMGMSGSGSGBIBIBIRYRYRYMLINININMLMLMLBIBIBIGLGLGLBJBJBJBJBJGMGMGMRYRYRYSGSGSGINININMLMLMLBJBJBJGMGMGMGLGLGLRYRYRYINININSGSGSGBIBIBIGLGLGLGLGLJAJAJAMLMLMLPAPAPARYRYRYINININRYRYRYSGSGSGMLMLMLBIBIBIPAPAPAINININRYRYRYSGSGSGMLMLMLBIBIBIPAPAPASGSGSGBIBIBIBJBJBJGLGLGLGLGLGLGLGLRYRYRYJAJAJAINININSGSGSGRYRYRYINININGMGMGMSGSGSGMLMLMLBIBIBIBIBIMLMLMLINININSGSGSGBIBIBIGMGMGMRYRYRYMLMLMLGLGLGLGLGLPAPAPAMLMLGLGLGLPAPAPAPAPAMLMLMLMLMLBIBIBIPAPAPASGSGSGRYRYRYGMGMGM3 BR3 BR3 BR3 BR2 BR4 BR2 BRDD S.A. P R I T C H E T T SUR V E Y ABS T R A C T N O . 1021 DD3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR 2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR 1 BR2 BRD DDD3 BR 3 BR 2 BR 2 BR 2 BR2 BR2 BR 3 BR 2 BR3 BR 3 BR3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR TT T T T TT TDOG PAR K E N TR Y PREMARKS COMMON N AM E SIZE SYMBO L QTY. BOTANIC A L NA M E Single Trun k , D a rk Green, Fu l l C a no p y , Matched, B & BLARGE SHADE T R EE3" Cal. 6' Ht. M i n . PLAN T L IS T Full, Healt h y , B r ig h t GreenPlant as S h o w nMINIMUM 3' TA L L L OWWATER USAG E S HR U BDROUGHT TOL E R A NTPARKING LOT I S L AN DPLANTING, NO T U R F G R AS S Full, Healt h y , G re y GreenPlant as S h o w n Dense, He a l t h y , Bright Gr e e n . Cynodon dact y l o n Bermuda Gra s s ' T i ff 4 1 9 ' Solid Sod as L a b e l ed+/-186,016SF STREE T Y A R D I-35 FR O N T A G E STREET YARDI-35 FRONTAGE Quercus virginia n a Live Oak4" Cal. 12' Ht. M i n . Ilex cornu t a Burford H o l l y 3 Gal.REMARKS COMMON N A ME SIZE SYMBOL QTY.Fraxinus t e x e ns i s Texas As h 4" Cal. 12 ' H t . Mi n . BOTANICA L N AM E Single Trunk , D a r k Green, Full C a n o py , Matched, B & BQuercus shuma r d i iShumard Oak4" Cal. 12' Ht. M i n . Full, Health y , D a rk Green, Pla n t a s s h o w n Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Comp l et e L an d sc ap eAbelia x grandiflora 'EdwardGoucher' Glossy Abelia3 OR 5 Gal. Full, Healthy , B r i gh t Green,Plant as sho w n Mahonia s w a s ey i Texas ba r b e r ry 3 OR 5 G a l . Full, Healthy , B r i gh t GreenPlant as Sho w n Full, Healthy , B r i gh t GreenPlant as Sh o w n LantanaNew Gold L a n ta n a 3 Gal. Full, Healthy , D a r k GreenPlant as Sh o w n Loropeta l u m c hi n e n s e Burgandy B l a s t 3 Gal. Full, Healthy , D a r k Green, Plan t a s shown Ternstro e m i a gy m n a th e r a Cleyera3 Gal. Full, Healthy , D a r k Green, Plan t a s shown Full, Healthy , B r i gh t GreenPlant as Sh o w n Jasminum h u m i le Italian Ja s m i n e 3 OR 5 G a l . 28Aucuba ja p o n i ca Japanese A u c ub a 3 Gal. Full, Healthy , B r i g ht GreenPlant as Sho w n Salvia reg l a Mountain S a g e 3 Gal. Full, Healthy , G r ey GreenPlant as Sh o w n Hesperalo e p a rv i f l o r a Red Yucc a 3 gal. Full, Healthy , D a r k Green, Plan t a s shown TREES - SHA D E SHRUBS AN D G RA S S ES REMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L N AM EElaeagnus comm u t a taElaeagnus3 OR 5 Gal. 423050126149153739710010488116313Cercis ca n a d e ns i s ' T ex e n s i s ' Texas Re d B u d 4" Cal. 8'Ilex vomi t o r i aYaupon Holly4" Cal. 6' Multi-trunk, 3 - 5 Ca n e s , Dark Green , F u l l Ca n o p y , Matched, B & B Multi-trunk, 3 - 5 Ca n e s , Dark Green , F u l l Ca n o p y , Matched, B & B 1923 Single Trunk , D a r k Green, Full C a n o p y, Matched, B & B Quercus m a c r o ca r p a Bur Oak4" Cal. 8'- 1 0 ' H t . ( M i n . ) 36 Full, Healthy , D a r k GreenPlant as Sho w n Muhlenbe r g i a l i nd h e i m er i Big Muhly G r a ss 3 Gal. Full, Healthy , D a r k Green,Plant as sh o w n Berberis t h u n be r g i i Purplelea f J a p an e s e Ba r b e r ry 3 Gal. Full, Healthy , B r i g ht Green, Plant a s sh o w n Iris germa n i c a Bearded I r i s 3 Gal. Full, Healthy , B r i g ht GreenPlant as Sho w n Muhlenbe r g i a ca p i l l a r i s Gulf Muh l y 3 Gal. Full, Healthy , B r i g ht Green, Plant a s shown Liriope mu s c a r i 'G i g a n te a ' Giant Liro p e 3 Gal. Full, Healthy , B r i g ht Green, Plant a s shown Full, Healthy , D a r k Green,Plant as sh o w n Ilex cornu t a ' N e ll i e R St e v e n s' Nellie R S t e v e ns H o l l y 3 Gal.Salvia greg g i i Autumn Sa g e 3 Gal. Full, Healthy , B r i gh t Green, Plan t a s shownFull, Healthy , G r ey GreenPlant as Sh o w nRaphiolepis indic a Indian Ha w t h o rn e3 Gal.Pennisetum a l o p e cu r o i d e s ' H a m e l n ' Dwarf foun t a i n Gr a s s 1 gal. 26943111253296151215173201 SHRUBS AN D G RA S S ES C O N T.REMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L N AM EIF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "D"JMBLANDSCAPE PLANPARTIAL "D"A2.40DSITE LEGENDA2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021821 MATERIAL PATTERN LEGEND STUCCO (COLOR 1) LAP SIDING 1 (8" EXP) LAP SIDING 2 (6" EXP) STONE B&B SIDING 01 02 03 04 05 STANDING SEAM ROOF06 ADDRESS NUMBERS AT LEAST 8" HIGH MUST BE VISIBLE FROM THE STREET & UNIT NUMBERS SHALL BE AT LEAST 4" HIGH. 07 COLUMN 08 COMPOSITION SHINGLE Level 1 0' - 0" Level 2 10' - 8 1/2" ROOF 32' - 4 1/2" Level 3 21' - 4 1/4" STAI R STAI R 2" 12" SCUPPER/D. S. & OVERFLOW 4" 12" 4" 12" Level 1 0' - 0" Level 2 10' - 8 1/2" ROOF 32' - 4 1/2" Level 3 21' - 4 1/4" STAIR STAIR SCUPPER/D.S. & OVERFLOW MEAN ROOF HGT. @39'-3"4" 12" 2" 12" 4" 12" STAIR STAIRMEAN ROOF HGT. @39'-2 1/2"SCUPPER/D.S. & OVERFLOW 4" 12" 4" 12" 4" 12"MEAN ROOF HGT. @ 38'-4 3/4"A.F.F.COVERED PORCHES COVERED PORCHESCOVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES MINIMUM 2 GLA=INGWELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER MINIMUM 2 GLA=ING MINIMUM 2 GLA=ING PROMINENT ARCHITECTURAL FEATURE OVER ENTRIES WITH CONTRASTING COLOR TOP %OD< %ASE TOP %OD< %ASE TOP %OD< %ASE PROMINENT ARCHITECTURAL FEATURE OVER ENTRIES WITH CONTRASTING COLOR PROMINENT ARCHITECTURAL FEATURE OVER ENTRIES WITH CONTRASTING COLOR A R C H I T E C T S , L L C KELLY GROSSMAN 260 ADDIE ROY ROAD SUITE 210 AUSTIN, TEXAS 78746 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION DENTON, TX - LDG VINTAGE BOULEVARD CONCEPT BUILDING ELEVATIONS PROJECT # PD21-0004 1/8" = 1'-0" 2 TYPE COR-I AND COR-5 CONCEPT FRONT ELEVATION 1/8" = 1'-0"1 TYPE COR-3 AND COR-2 CONCEPT FRONT ELEVATION 1/8" = 1'-0" 3 TYPE COR-4 CONCEPT FRONT ELEVATION 822 21-691RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON STATING NO OBJECTION TO THE LDG VINTAGE RANCH, LP 4% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFARS FOR PROPOSED NEW CONSTRUCTION OF VINTAGE RANCH APARTMENTS IN DENTON, TEXAS TO PROVIDE AFFORDABLE RENTAL HOUsnqG; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, LDG Vintage Ranch, LP (" Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located at approximately 4500 Vintage Blvd., Denton, Texas 76226, to be named Vintage Ranch Apartments (the "Project"); and WHEREAS, the Applicant has advised the City of Denton (the “City”) that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for 2021 Non-Competitive 4% Housing Tax Credit funds to provide equity financing for the Project (the “Application”); and WHEREAS, Applicant has requested a resolution stating no objection from the City; and WHEREAS, the City Council of the City of Denton wishes to state it has no objection to this proposed Project’s application to TDHC A to facilitate the possible award of Housing Tax Credits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. In accordance with the requirements of Texas Government Code §2306.67071 (2013) and Texas Administrative Code Rule §11.204(4) (2020), it is hereby found that 1. Notice has been provided to the City in accordance with Texas Government Code, §2306.67071 (a) (2013); and 2. The City has had sufficient opportunity to obtain a response from the Applicant regarding any questions or concerns about the proposed Application; and 3 . The City has held a hearing at which public comment may be made on the proposed Application in accordance with Texas Government Code, §2306.67071 (b) (2013); and 4. After due consideration of the information provided by the Applicant and public comment, the City does not object to the proposed Application. SECTION 3. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. 823 SECTION 4. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 5. This Resolution shall be effective as of its date of approval and passage by City Council. s e c o n d =h;r1PI!I::)t \ a K :: : :: :: o 1 u t i o n \Iv asm TeTE = =: :HI HI}and app r o U by the following vote a - a M W Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Deb Annintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED thi, the 18+t\, day of N\ac), 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY h? _ zZ I\\ 111111111/ S APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY -*: @@dla #M/wq 824 ") I 35W 2449 I 35 WFM 2449 SONOMA LOIRE NAPAVALLEY V IN Y ARDPROVENCECLARET VINTAGE St ation7AccessTUSCANY ALSACESHIRAZ CANYON VERDE TAYLOR PARK RIDGEWAYI-35W RampPD21-0004Notification Map 0 410 820205Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ 200ft Buffer 500ft Buffer Date: 4/21/2021 In 200ft address spreadsheet include the acreage and percentage of each of the owners within the bufferMAKE SURE TO REMOVE THE SITE ADDRESSES/ACREAGE 825 Vintage Ranch Override 1 Planned Developments 2017 Aerial Photography Red: Red Green: Green Blue: Blue ITN_Aerial Red: Band_1 Green: Band_2 Blue: Band_3 November 15, 2021 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:4,800 826 827 828 829 830 PD21-0004 December 15, 2021 Vintage Ranch Multifamily, PD21-0004 HWY I-35W and Vintage Blvd. December 2 21 I-35W and Vintage Blvd. 2nd December 21 Aimee Bissett PD21-0004 PD21-0004 2nd 2nd December 21 831 1 Wyatt, Julie From:Firgens, Tina Sent:Tuesday, December 14, 2021 8:37 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:Fwd: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI. Thanks. T. Get Outlook for iOS From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, December 14, 2021 4:24 PM To: Mcdade, Donald; Pruett, Eric; Cole, Jason; Villarreal, Jordan; Ellis, Margie; Anderson, Ronnie; Smith, Tim; Firgens, Tina; Dillard, Selena; Robinson, Kelly; City Secretary Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Adrienne Marshall submitted a new eComment. Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: As a homeworker in the Vintage, we have been given little to no notice of this meeting/vote, nor of the project in general. This leaves us homeowners feeling as though our opinion and voice does not matter. This project does not take your own citizens/current taxpayers into consideration. I feel there are many holes in this planning such as lack of public transportation and no close options for food and groceries. I ask for a delay in this vote until these legitimate concerns can be addressed. View and Analyze eComments 832 2 This email was sent from https://granicusideas.com. Unsubscribe from future mailings 833 1 Wyatt, Julie From:Firgens, Tina Sent:Wednesday, December 15, 2021 12:44 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 9:39 AM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Fred Hensley submitted a new eComment. 834 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: I oppose the high density housing at Vintage and 35W. It will decrease property values significantly which will also decrease tax revenue. Schools are already over crowded and this development will have many children. Crowded classrooms decrease education quality for all. Vintage is slated to be an artery and the location of access to this complex will cause backups and be dangerous for all. A location within walking distance to retail is much more suitable for these types of residents. View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 835 1 Wyatt, Julie From:Firgens, Tina Sent:Wednesday, December 15, 2021 1:06 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 12:26 PM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Stephanie Radcliff submitted a new eComment. 836 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: Residents here do not want this! We are just now even receiving documents to look at! This is not the right area for this type of building. There aren’t even services here like stores and bus routes to support this type of residence. View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 837 1 Wyatt, Julie From:Firgens, Tina Sent:Monday, December 20, 2021 6:14 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, December 14, 2021 10:16 PM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Yaneisi Montemayor submitted a new eComment. 838 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: As a new recent homeowner in the Vintage neighborhood, we have not been properly informed of this project. Although, this housing may help low income families, there is a lack of public transportation that families may need. It also affects the privacy of current homeowners due to it being built close to some homes. I ask for a delay in the vote until these legitimate concerns are addressed. View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 839 1 Wyatt, Julie From:Brittany Taylor <brittany.n.taylor3@gmail.com> Sent:Tuesday, December 28, 2021 12:38 PM To:Davis, Jesse; Hudspeth, Gerard; Wyatt, Julie Subject:Fwd: Vintage Ranch This message has originated from an External Source. Please be cautious regarding links and attachments. Dear Mr. Davis, Mr. Hudspeth, and Ms. Wyatt, Please see my below message and provide me any information you can about how to oppose this. Mr. Davis has not responded to myself or any other of my neighbors as of early December when the below message was written. The vintage ranch company have lied in their proposal and have not contracted us or our neighborhood, we need to know our options. Thank you for your time, Brittany Taylor ———————————————- Mr. Davis, Good evening. I am emailing you once again to let you know that my neighborhood- the Vintage Phase 1 - is not pleased with the affordable housing apartments- Vintage Ranch- that has a proposal to build. When I bought my home, I purposefully did not buy it close to the center of the city. Our area has no grocery store, gas station, or convenience store close. There are no bus routes over here and it does not have access to the commuter train. My neighborhood would like to know our options in opposing their proposed build. Thank you for your time, Brittany Taylor 840 1 Wyatt, Julie From:Steven David <streydavid@yahoo.com> Sent:Monday, January 3, 2022 1:50 PM To:Wyatt, Julie Subject:Vintage Ranch Proposed Development This message has originated from an External Source. Please be cautious regarding links and attachments. Hi, LDG Vintage Ranch, LP have asserted to the city in an Application for Resolution of No-Objection on page 7 of the "Project Narrative" that they have received no form of opposition to this project. I am a member of the Vintage Phase 1 Homeowner's Association and would like to publicly express opposition to the income restricted apartment project at the SEC of Vintage Blvd and IH-35 Frontage Rd, Denton TX, 76226 being proposed by LDG Vintage Ranch, LP. I'm aware of other members of the Vintage HOA and Meadows at Hickory Creek HOA that would like to voice opposition to this as well, and I'm hoping to gather some more information on behalf of all HOA members and local property owners who would be impacted by the negative effects of an income restricted apartment complex being built in a peaceful, single family home suburban area. Could you provide me with dates for any public hearings concerning this project or information about any other methods for the public to formally voice opposition with the City of Denton Planning and Zoning Dept., the Denton City Council, or any other governing bodies having authority to approve or deny this development? Thank you for any information you would provide. Sincerely, Steven David 841 1 Wyatt, Julie From:Firgens, Tina Sent:Tuesday, December 14, 2021 8:32 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:Fwd: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Get Outlook for iOS From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, December 14, 2021 5:30 PM To: Mcdade, Donald; Pruett, Eric; Cole, Jason; Villarreal, Jordan; Ellis, Margie; Anderson, Ronnie; Smith, Tim; Firgens, Tina; Dillard, Selena; Robinson, Kelly; City Secretary Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Paula Cullum submitted a new eComment. Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: A. PD21-0004 Hold a public hearing and consider making a recommendation to City Council regarding a request by Hickory Venture Group for a Planned Development Amendment for Planned Development 139. The 12-acre property is generally located at the southeast corner of Vintage Boulevard and I-35W Vintage Boulevard Ramp, in the City of Denton, Denton County, Texas. (PD21-0004, Vintage Multifamily, Julie Wyatt) eComment: Oppose due to the negative impact that will cause in the area. 2 multi family residents have already been approved on Bonnie Brae near Vintage, there is no need for another in the area. i-35W and ramps for Vintage can barely handle the current traffic, how will it handle more. There are no Grocery stores with in a 2 mile radius and no public transportation that usually is needed if this so project is to be low income. I say NO for this area. View and Analyze eComments 842 2 This email was sent from https://granicusideas.com. Unsubscribe from future mailings 843 1 Wyatt, Julie From:Firgens, Tina Sent:Tuesday, December 14, 2021 8:31 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:Fwd: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Get Outlook for iOS From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, December 14, 2021 7:46 PM To: Mcdade, Donald; Pruett, Eric; Cole, Jason; Villarreal, Jordan; Ellis, Margie; Anderson, Ronnie; Smith, Tim; Firgens, Tina; Dillard, Selena; Robinson, Kelly; City Secretary Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Rhianna LaValla submitted a new eComment. Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: A. PD21-0004 Hold a public hearing and consider making a recommendation to City Council regarding a request by Hickory Venture Group for a Planned Development Amendment for Planned Development 139. The 12-acre property is generally located at the southeast corner of Vintage Boulevard and I-35W Vintage Boulevard Ramp, in the City of Denton, Denton County, Texas. (PD21-0004, Vintage Multifamily, Julie Wyatt) eComment: I oppose this. As Paula and Glenn have stated, there are other properties planned and this would negatively impact our neighborhood. There aren’t any grocery stores or infrastructure to support a low income complex. View and Analyze eComments 844 2 This email was sent from https://granicusideas.com. Unsubscribe from future mailings 845 1 Wyatt, Julie From:Firgens, Tina Sent:Tuesday, December 14, 2021 5:46 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:Fwd: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Get Outlook for iOS From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Tuesday, December 14, 2021 4:04 PM To: Mcdade, Donald; Pruett, Eric; Cole, Jason; Villarreal, Jordan; Ellis, Margie; Anderson, Ronnie; Smith, Tim; Firgens, Tina; Dillard, Selena; Robinson, Kelly; City Secretary Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Glenn Jensen submitted a new eComment. Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: A. PD21-0004 Hold a public hearing and consider making a recommendation to City Council regarding a request by Hickory Venture Group for a Planned Development Amendment for Planned Development 139. The 12-acre property is generally located at the southeast corner of Vintage Boulevard and I-35W Vintage Boulevard Ramp, in the City of Denton, Denton County, Texas. (PD21-0004, Vintage Multifamily, Julie Wyatt) eComment: I oppose this project / zoning change. As a resident of the Vintage neighborhood, and closest residents to this apartment project, I am angered that our residents were not informed by the City of Denton of this low income housing development adjacent to our homes. This apartment development will have negative effects on local home values, traffic, and will likely increase local crime rates. View and Analyze eComments 846 2 This email was sent from https://granicusideas.com. Unsubscribe from future mailings 847 1 Wyatt, Julie From:Firgens, Tina Sent:Friday, December 17, 2021 4:54 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 5:00 PM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM 848 2 Kelsey Hart submitted a new eComment. Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: A. PD21-0004 Hold a public hearing and consider making a recommendation to City Council regarding a request by Hickory Venture Group for a Planned Development Amendment for Planned Development 139. The 12-acre property is generally located at the southeast corner of Vintage Boulevard and I-35W Vintage Boulevard Ramp, in the City of Denton, Denton County, Texas. (PD21-0004, Vintage Multifamily, Julie Wyatt) eComment: We checked the future land use plan and found the surrounding area was designated as low density residential use. The proposed project certainly does not match what was and is currently shown on city land use documents. Therefore, we strongly oppose this project and urge you to vote no as to the proposed multi-family project. It is not compatible to the development contemplated in the area. IT'S not fair to residents who make decisions based on city representationofsurroundingproposedlanduse. View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 849 1 Wyatt, Julie From:Firgens, Tina Sent:Friday, December 17, 2021 4:54 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 4:59 PM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Matt Hart submitted a new eComment. 850 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: A. PD21-0004 Hold a public hearing and consider making a recommendation to City Council regarding a request by Hickory Venture Group for a Planned Development Amendment for Planned Development 139. The 12-acre property is generally located at the southeast corner of Vintage Boulevard and I-35W Vintage Boulevard Ramp, in the City of Denton, Denton County, Texas. (PD21-0004, Vintage Multifamily, Julie Wyatt) eComment: I am a homeowner in the development adjacent to the proposed multifamily development. I bought my home based on the future land use map and the proposed zoning amendment is a drastic departure from the current plan. This is going to have many negative impacts to the area such as increased congestion & crime & decrease property values. View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 851 1 Wyatt, Julie From:Firgens, Tina Sent:Friday, December 17, 2021 4:55 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 4:49 PM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Carl Mosier submitted a new eComment. 852 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: As a homeowner in the Vintage neighborhood, I oppose the development of low income multi-unit housing adjacent to our community. My family moved to this area due to it's location away from apartment communities and this does not represent what I nor anyone in the neighborhood wishes to see added. There was no notification of this to the residents or the HOA, as the area was originally designated for a school. Please take into consideration that the Vintage neighborhood OPPOSES the request! View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 853 1 Wyatt, Julie From:Firgens, Tina Sent:Friday, December 17, 2021 4:55 PM To:Wyatt, Julie Cc:Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 4:49 PM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Cynthia Bonskowski submitted a new eComment. 854 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: The proposed low income housing development at Vintage Blvd and I-35W will negatively impact the value of our homes and highly likely to being increased crime to our neighborhoods. NO to this development! Further, there is no public transportation to this area to support the population served by low income housing. Nor are there any amenities within walking distance of the proposed development. NO, EMPHATICALLY NO to this development!! View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 855 1 Wyatt, Julie From:Firgens, Tina Sent:Wednesday, December 15, 2021 12:41 PM To:Wyatt, Julie; Zagurski, Hayley Subject:FW: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM FYI Tina M. Firgens, AICP Deputy Director of Development Services/Planning Director Department of Development Services Office: (940) 349-8507 (Direct) 401 N. Elm Denton, TX 76201 www.cityofdenton.com From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Wednesday, December 15, 2021 8:52 AM To: Mcdade, Donald <Donald.Mcdade@cityofdenton.com>; Pruett, Eric <Eric.Pruett@cityofdenton.com>; Cole, Jason <Jason.Cole@cityofdenton.com>; Villarreal, Jordan <Jordan.Villarreal@cityofdenton.com>; Ellis, Margie <Margie.Ellis@cityofdenton.com>; Anderson, Ronnie <Ronnie.Anderson@cityofdenton.com>; Smith, Tim <Tim.Smith@cityofdenton.com>; Firgens, Tina <Tina.Firgens@cityofdenton.com>; Dillard, Selena <Selena.Dillard@cityofdenton.com>; Robinson, Kelly <Kelly.Robinson@cityofdenton.com>; City Secretary <City.Secretary@cityofdenton.com> Subject: New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM This message has originated from an External Source. Please be cautious regarding links and attachments. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. New eComment for Planning and Zoning Commission on 2021-12-15 5:00 PM Heather Miller submitted a new eComment. 856 2 Meeting: Planning and Zoning Commission on 2021-12-15 5:00 PM Item: 1. Citizen Comments on Consent Agenda Items eComment: Building low income housing in a food desert is irresponsible. There is no stores within one mile and none within walking distance. The current infrastructure doesn’t support this housing venture and it is irresponsible to the existing and future community to approve this project. Despite the housing shortage in the area, building here is not the correct choice. Further this developer isn’t the best choice for such a project (research their history). I oppose this project. View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 857 858 859 Da PD21-0004b Vintage Multifamily 1 February 1, 2022 City Council 1 860 Request & Site Data Development Plan (site plan) approval for Planned Development 139 to develop the site with a Multifamily Dwelling use permitted by the existing PD zoning The 12-acre property is generally located at the southeast corner of Vintage Boulevard and the I-35W Vintage Boulevard Ramp intersection 2/1/2022 File ID: PD21-0004b 2 Process for PD’s prior to 2002 •The permitted uses and development standards may remain consistent with those established by the PD •Follow procedures and amendatory regulations in DDC Section 2.7.3 861 PD 139 3 Established in 1991 as a 450- acre “Business Village” •Residential/Multifamily Uses, max density of 20 du/acre •Hospitality Uses •Manufacturing and Distribution Uses •Office Uses •Retail and Service Uses •Recreational Uses •Accessory Uses •Open Space: generally, the floodplain areas north and southwest of the subject site. 2/1/2022 File ID: PD21-0004b 862 Proposed Development Plan 2/1/2022 File ID: PD21-0004b •207 Dwelling units •Use is permitted under PD-139 •Three access points (one emergency only) •16.9% open space with clubhouse, pool area, gazebo, dog park, grill and picnic areas, lawns, pedestrian pathways, and bicycle parking •Inward focused layout 4 863 Criteria for approval, DDC Subchapter 2 File ID: PD21-0004b 5 Summary: ✓Project is consistent with goals of Denton Plan 2030 ✓Consistent with PD-139 permitted uses and standards ✓Design provides onsite open space and minimizes impacts associated with highway ✓Adequate capacity to serve existing development ✓Compatible with adjacent MPC permitted uses 2/1/2022 864 Complies with the goals of the Comprehensive Plan 2/1/2022 •1999-2020 Denton Plan: ✓FLU: Community Mixed-Use Center (mix of uses, including high-to moderate density housing) •Denton Plan 2030 •FLU: Low Density Residential ✓Complies with other goals within Denton Plan 2030 •Draft Denton Plan 2040 ✓FLU: Regional Mixed Use Denton Plan 2030 1999-2020 Denton Plan 6 Draft Denton Plan 2040 865 File ID: PD21-0004b 72/1/2022 Future Loop 288 connection Vintage recently expanded arterial (4 lane divided) •Diamond intersection •Signal at Vintage and Hwy 377 866 Public Outreach •Newspaper Ad: November 28, 2021 •Website Notice: November 23, 2021 •Mailed Notices: •200 ft. Public Notices: 3 •500 ft. Courtesy Notices: 0 •Responses: In Opposition: 15 In Favor: 2 Neutral: 0 •Four virtual neighborhood meetings 2/1/2022 File ID: PD21-0004b 8 867 2/1/2022 File ID: PD21-0004b 9 Recommendation The Planning and Zoning Commission recommended approval of the request with staff’s recommended condition (7-0). Staff recommended approval of the request with the following condition: 1.Measurement of the Lot Width must comply with 2019 Denton Development Code Subchapter 9: The horizontal distance between the side lines, measured at the front property line adjacent to the public right- of-way. The lot width for a corner lot shall be measured along the right-of-way upon which the address is assigned. The flagpole portion of a flag lot shall be ignored in measuring lot width. 868 1 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A PLANNED DEVELOPMENT AMENDMENT FOR 12 ACRES OUT OF PLANNED DEVELOPMENT 139, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF THE VINTAGE BOULEVARD AND I-35W VINTAGE BOULEVARD RAMP INTERSECTION, 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. (PD21-0004b, Vintage Multifamily) WHEREAS, Aimee Bissett with 97 Land Company, on behalf of the property owner, Hickory Venture Group, applied for a planned development amendment for Planned Development 139 (PD-139) on approximately 12 acres of land legally described in Exhibit “A,” attached hereto and incorporated herein by reference (hereinafter, the “Property”) to; and WHEREAS, on March 5, 1991, the City Council adopted Ordinance 91-034, approving a change in zoning for 450 acres of land to Planned Development 139 (PD 139) Zoning District, including the Property, as more particularly described therein; and WHEREAS, on September 7, 1999, the City Council adopted Ordinance 1999-317, approving an amendment to the concept plan for 401.23 acres of land in of Planned Development 139 (PD 139) zoning district, including the Property, as more particularly described therein; and WHEREAS, on May 14, 2002, the City Council adopted Ordinance 2002-147, approving an amendment to the concept plan of Planned Development 139 (PD 139) zoning district for 401 acres of land, including the Property, as more particularly described therein; and WHEREAS, on January 12, 2022, 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 held a public hearing for all property owners interested in this regard, and have recommended approval (7-0) of the request; and WHEREAS, on February 1, 2022, 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 for a Planned Development Amendment set forth in Section 2.7.3 of the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, have determined that the proposed Planned Development Amendment is in the best interest of the health, safety, morals, and general welfare of the City of Denton and should be granted as set forth herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 869 Page 2 of 3 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 Development Plan Map for PD-139 is hereby amended as shown in Exhibit “B,” with the following condition: 1. Measurement of the Lot Width must comply with 2019 Denton Development Code Subchapter 9: The horizontal distance between the side lines, measured at the front property line adjacent to the public right-of-way. The lot width for a corner lot shall be measured along the right-of-way upon which the address is assigned. The flagpole portion of a flag lot shall be ignored in measuring lot width. SECTION 3. The provisions of this ordinance, as they apply to the portion of PD-139 shown in Exhibit A are herein approved and shall govern and control over any conflicting provision of Ordinance Nos. 91-034, 1999-317, and 2002-147, but all provisions of Ordinance Nos. 91-034, 1999-317, and 2002-147 as they apply to that remaining portion of the PD district not herein affected shall continue in force and effect and apply to the remainder of the PD district. 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: ______ ______ ______ ______ Jesse Davis, District 3: ______ ______ ______ ______ Alison Maguire, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ 870 Page 3 of 3 PASSED AND APPROVED this the _________ day of ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ Hilary Negron 2022.01.13 10:28:48 -06'00' 871 872 3 BR3 BR3 BR3 BR2 BR4 BR2 BRVINT A G E B L V D INTERSTATE HIGHWAY 35WDDPOOL CLUB ORIGINAL ROWNEW ROWNEW RO W NEW ROWZONING: PDLANDUSE: VACANTZONING: PD LANDUSE: VACANT ZONING: PD LANDUSE: VACANT ZONING: N/A LANDUSE: ROW 10.0 85.6 26.0 GAZEBO PLAYGROUND R 2 5 . 0 R25.0 18.3 40.7 4.05.09.0 9.0 18.018.0 9.09.018.0 24.018.09.0 ZONING: MPC LANDUSE: VACANT 5.56.412.000 ACRES S.A. PR I T C H E T T SURVE Y ABSTR A C T N O. 1021 11.681 ACRESDD 3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BRD D DDBUILDING #4 R2 5 . 0 18.09.06.1 BUILDING #5 BUILDING #7 20. 0 5.0 3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR BUILDING #220' UTL. EASEMENTINTERSTATE 35W-EXIT ROADINTERSTATE 35W-FRONTAGE ROAD35 0 . 9 11 3 . 8 114.8100 . 0 99. 8 48.7 40. 4 78.857.49.018.026.026. 0 9.018. 0 26.09.0 18.0 26. 0 9.018. 0 57.9 3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #6 3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR3 BR2 BR2 BR2 BR3 BR3 BR4 BR4 BRBUILDING #3 40. 3 44. 4 16.115.820' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' LANDSCAPE BUFFER20' LAND S C A P E B U F F E R 23.9VISITOR CALL BOX AND SITE MAP VEHICLE ACCESS GATE VEHICLE ACCESS GATE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 6' DECORATIVE METAL FENCE 25' ACCESS EASEMENT 25' DRAINAGE EASMENT DOG PARK 10.0 10.0 34 5 . 1 MI N I M U M S E T B A C K F R O M C E N T E R L I N E 2 5 0 ' MI N I M U M S E T B A C K F R O M C E N T E R L I N E 2 5 0 ' 25' FRONT YARD SETBACK 20' REAR YARD BUILDING SETBACK 20' REAR YARD BUILDING SETBACK 15.013.1 10. 5 11. 2 10. 0 11.411.511. 6 14. 4 234.7 75.9160.981. 9 80.177.7234.876.0234.775.9213.975. 7 77. 9 208.9177.281 . 2 BUILDING #1 1 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 3 4 4 3 3 3 33 3 3 5 6 6 6 6 6 LAWN LAWN 7 77 7 7 20' UTILIT Y B U F F E R 20' UTILITY BUFFER20' UTILITY BUFFER14.0 6.0 5' SHARED SIDEWALK TO R.O.W. 7 T TTTT T TR25.0T TIE INTO EXISTING CONDUIT PCC1 CONDUIT TO BE STUBBED OUT AT PROPERTY LINE M MM M M M M M 7 DOG PARK ENTRY 5' SIDEWALK TO R.O.W. CROSSWALK 7 CROSSWALK, SPEED HUMP IN DRIVE AISLE CROSSWALK, SPEED HUMP IN DRIVE AISLE 88 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 88 8 8 8 8 8 8 8 8 8 11. 3 10 . 3 13.112.29 10 11 30.030.030.030.0 STUB OUT FOR FUTURE DRIVE CONNECTIONS TO PROPERTY TO THE NORTH 20'-0"20'-0"6'-0"PROVIDE 5' X 5' CLEAR, LEVEL APPROACH AREA DUMPSTER GATE 6'-0"MASONRY DUMPSTER SCREEN RE: 7/A2.11 *NOTE: CONCRETE PAD SHALL BE DESIGNED TO WITHSTAND 10,000#/ WHEEL AXLE LOAD. NOTE: AT PEDESTRIAN ENTRANCE PROVIDE 3' MIN. OPENING WITH A 5' X 5' CLEAR, LEVEL APPROACH AREA. SEE SITE PLAN FOR LOCATIONS. CONCRETE PAD*5 1/2" STEEL PIPE BOLLARD BOTH SIDES OF ENCLOSURE RE: 8/A2.11 6" STEEL PIPE BOLLARD RE: 8/A2.11 12A2.117A2.11 7 A2.11 2% MAX SLOPE ALL DIRECTIONS 4'-0"6'-0"4'-0" CL CL CL CL 3'-0"3'-0" 26'-0" ACCESSIBLE SIDE DOOR ACCESSIBLE SIDE DOOR 3'-0"TRASH DUMPSTER: VERIFY SIZE WITH PROVIDER (6'X6'SHOWN) RECYCLING DUMPSTER: VERIFY SIZE WITH PROVIDER (6'X6' SHOWN)1'-0"1'-0" 1'-0"12'-0"4'-8 3/4" 3'-0"5'-0"PROVIDE LEVEL 5' X 5' "T" TURNING AREA DROP RODS (CANE BOLT) TO SECURE GATES 8'-0"8'-0" 2'-0"CL CONC. FOOTING1'-6"8" 1-1/2" X 1-1/2" SQ. STL. TUBE 2'-0"3"PRECAST CAPSTONE COLUMN FOR COMPLETE CONCRETE FOOTING DETAILS CONSULT WITH STRUCTURAL ENGINEER RE:4/A2.11 2" X 2" SQ. STL. POST @ 8'-0" O.C. 3/4" X 3/4" SQ. PICKETS @ 6" O.C.3"5'-9"6"6'-6"34'-0"34-0"CL A R C H I T E C T S , L L C KELLY GROSSMAN 260 ADDIE ROY ROAD SUITE 210 AUSTIN, TEXAS 78746 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION SCALE: 1:50 25'50'0 100' NORTH DENTON, TX - LDG VINTAGE BOULEVARD SITE PLAN SITE PLAN ADJACENCY: 100% SITE PERIMETER IS BOUND BY EITHER OPEN SPACE OR HIGHWAY, 50% MIN. REQUIRED PROJECT # PD21-0004 DUMPSTER DETAIL1 DECORATIVE PERIMETER FENCE2 TOTAL PROJECT ACREAGE: 508,826 SF (11.68 ACRES) PROPOSED DENSITY: 207 UNITS (17.7 UNITS PER ACRE) LOT COVERAGE (SQUARE FOOTAGE AND PERCENTAGE OF IMPERIOUS SURFACE). LANDSCAPED AREA PERVIOUS: 183,230 SF (36.0%) HEIGHT: 3 STORY, 39'-3" TO AVERAGE ROOF HEIGHT RECREATION AREA: 86,100 SF (16.9%) PARKING STALLS: 9'X18' FIRE LANES: 26' WIDE WITH 25' RADII Sidewalk WIDTH: 5' ALONG BACK OF CURB AND 4' EVERYWHERE ELSE CONDENSING UNITS FOR HVAC SYSTEMS LOCATED ON ROOFS OF BUILDINGS PROPERTY LINE 6' DECORATIVE METAL FENCE ROAD CENTER LINE TOTAL PARKING REQUIRED: 557.7 SPACES TOTAL REQUIRED BIKE PARKING: 1 PER 20 SPACES REQUIRED BIKE PARKING: 557.7 / 20 =27.9 OR 28 SPACES PROVIDED BIKE PARKING 28 SPACES (ONE RACK HAS TWO SPACES) 1 LIGHT POLE LOCATION 2 BIKE PARKING (TWO RACKS EACH, 4 SPACES) 3 6' METAL PERIMETER FENCE 4 4' METAL POOL FENCE 5 PROJECT MONUMENT SIGN ACTUAL UNIT COUNT REDUCED TO 207 6 GRILL AREA WITH CHARCOAL GRILL & ADA PICNIC TABLE ON CONCRETE PAD 7 COLOR PAVING AREA 8 BUILDING ENTRANCES 9 DOG PARK FENCE 10 BENCH 11 DOG WASTE STATION INTERSTATE 35 W NOTE: ALL PROPOSED DRIVEWAY CONNECTIONS TO I35W MUST BE APPROVED BY THE TEXAS DEPARTMENT OF TRANSPORTATION. 873 3 BR3 BR3 BR3 BR2 BR4 BR2 BRINTERSTATE HIGHWAY 35W DDPOOLCLUBORIGINAL ROWNEW ROW NEW ROWNEW ROW ZONING: PD LANDUSE: VACANTZONING: PDLANDUSE: VACANTZONING: PDLANDUSE: VACANTZONING: N/ALANDUSE: ROW10.085.626.0GAZEBOPLAYGROUNDR25.0R25.018.340.74.0 5.09.09.018.018.09.0 9.0 18.024.018.09.0ZONING: MPCLANDUSE: VACANT5.56.4 S. A . P R I T C H E T T S U R V E Y A B S T R A C T N O . 1 0 2 1 9216921792199220922192229223922492259226922792289229923092319232923392349235923693579358935993609361936293639364936593669367936893699370937193729373DD3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BRDDDDBUILDING #4R25.018.09.0 6.1BUILDING #5BUILDING #720.05.03 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #220' UTL. EASEMENTINTERSTATE 35W-EXIT ROAD IN T E R S T A T E 3 5 W - F R O N T A G E R O A D350.9113.8114.8100.099.848.740.478.857.49.018.026.026.09.018.026.09.018.026.09.018.057.93 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #63 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR 3 BR 3 BR2 BR 2 BR2 BR3 BR 3 BR4 BR 4 BRBUILDING #340.344.416.115.820' LANDSCAPE BUFFER20' LANDSCAPE BUFFER 20' L A N D S C A P E B U F F E R20' LANDSCAPE BUFFER 23. 9 VISITOR CALL BOXAND SITE MAPVEHICLE ACCESSGATEVEHICLE ACCESSGATE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE6' DECORATIVEMETAL FENCE25' ACCESSEASEMENT25' DRAINAGEEASMENTDOGPARK10.010.0345.1MINIMUM SETBACK FROM CENTERLINE 250'MINIMUM SETBACK FROM CENTERLINE 250'20' REAR YARDBUILDING SETBACK20' REAR YARDBUILDING SETBACK15.013.110.511.210.011.411.511.614.4234.775.9160 . 981.980.177.7 234.8 76.0234.775.9213.975.777.9208.9 177.2 81.2BUILDING #1LAWNLAWN20' UTIL ITY BUFFER 20' UTILITY BUFFER 20' U T I L I T Y B U F F E R 14.06.05' SHAREDSIDEWALK TO R.O.W.TT TTTT T R 2 5 . 0 TDOG PARK ENTRY5' SIDEWALKTO R.O.W.CROSSWALKCROSSWALK,SPEED HUMPIN DRIVE AISLECROSSWALK,SPEED HUMPIN DRIVE AISLE11.310.313.112.2 30. 0 30.0 30.0 STUB OUT FOR FUTUREDRIVE CONNECTIONS TOPROPERTY TO THE NORTHPREMARKSCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMESing le Trunk , Dar kGreen, Ful l Cano py ,Matched, B&BLARGE SHADE TREE3" Ca l. 6 ' Ht. M in.PLANT LISTFull, Healthy , Br ightGreenPlant as ShownMINIMUM 3 ' TALL LOWWATER USAGE SHRUBDROUGHT TOLERANTPARKING LOT ISLANDPLANTING , NO TURF GRASSFull, Hea lthy , GreyGreenPlant as ShownDense, Healt hy ,Bright Green .Cynodon dactylonBermuda Grass 'T iff 4 19'Solid Sod as Labe led +/- 186 ,016SFSTREET YARDI-35 FRONTAGE STREET YARD I-35 FRONTAGE WAQuercus v irgi nianaLive O ak4" Ca l. 12 ' Ht . M in . Ilex cornutaBurford Ho lly3 Gal.REMARKSCOMMON NAMESIZESYMBOLQTY.Fraxinus texens isTexas Ash4" Cal . 12' Ht. M in .BOTANICAL NAMESing le Tru nk, Da rkGreen, Fu ll Canopy,Matched, B&BQuercus shumard iiShumard Oak4" Cal. 12 ' Ht . 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(M in .)36Full, Hea lthy, DarkGreenPlant as ShownMuhlenberg ia l indheimer iBig Muh ly Grass3 Ga l.Full, Hea lthy, Da rkGreen,Plant as shownBerberis thunberg i iPurple leaf Japanese Barber ry3 Ga l. PA Full, Hea lthy, B rightGreen, P lant as shown Iris german icaBearded Ir is3 Gal.Full, Hea lthy, B rightGreenPlant as ShownBIMuhle nberg ia cap il lar isGulf M uhly3 Gal.Full, Hea lthy, BrightGreen, Plant asshownGMMLGLLiriope musca ri 'Gig antea'Giant L irope3 Ga l .Full, Hea lthy , Br ightGreen, Plant asshownIN Full, Heal thy , Dar kGreen,Plant as shown Ilex cornuta 'Ne l lie R Ste vens'Nellie R Stevens Hol ly3 Gal.JASalv ia gregg i iAutumn Sage3 Ga l.Full, Healthy , Br ightGreen, P lant asshown SGFull, Heal thy , GreyGreenPlant as Show n Raphiole pis ind ica Ind ian Hawthorne3 Ga l.RI Pennis etum a lopec uro ides 'Hame ln 'Dwarf founta in Grass 1 ga l.26943111253296151215173201 SHRUBS AND GRASSES CONT.REMARKSCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMEAGPJMPAGAGAGAGMPMPMPMPPJ PJPJPJAGPJMPAGAGAGAGMPMPMPMPPJ PJPJPJAGPJMPAGAGAGAGMPMPMPMPPJ PJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJ PJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGMPAGAGAGAGMPMPMPMPPJPJPJ PJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJ AGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJ PJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGAGWALCCGWAWAWAWAWAWAWAWAWAWAWAWAWAWAWALCLCLCLCLCLCLCLCCGCGCGCGCGCGCGCGCGCGLCLCLCLCLCLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAMPMPMPMPMPIHAJAJ IHIHAJAJAJ AJAJAJAJAJMPMPMPIH IH IH IH IHINGMGMGMBIBIBIRYRYRYGMGMGMSGSGSG ININRYRYRYMLMLMLPA PAPA SGSGSGGLGLGLINININBIBIBI PAPAPA GLGLGLGMGMGMRYRYRYBIBIBI RYRYRYINININ GLGLGLSGSGSGMLMLMLINININ GMGMGMPAPAPAGMGMGMGLGLGLPAPAPARYRYRYMLMLMLINININPAPAPAGMGMGMSGSGSGRYRYRYBIBIBISGSGSGGMGMGMWA WAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYGMGMGMRYRYRYININ INSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPA GMGMGMRYRYRYGLGLGLBIBI BIINININ GMGMGMINININMLML MLBI BIBI GLGLGLSGSGSGGLGLGLPA PA PA RYRYRYMLMLMLPAPAPA IN ININ BI BI BIPAPA PAINININRYRYRY AJAJAJAJAJAJAJAJAJRYRYRYBI BIBIPA PA PA SGSGSGINININGLGLGLCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYRYRYRYBIBI BISGSGSGMLMLMLPA PA PA RYRYRYSGSGSGGMGMGMIN ININPAPA PAIH IHIHIH IHIH IHIH IHIHIHRYRYRYGMGMGMIN IN INSGSGSGPA PA PAPA PA MLMLMLGMGMGMGLGLGLPJPJPJ PJPJPJIH IH IH IH IH CGCGCGCGCGCGCGCGCGCGIH IH IH IH IH IH IH IH IH IH IHRYRYRYGMGMGMIN IN INSGSGSGPAPAPA RYRYRYBIBI BIGLGLGLMLMLMLPA PA PA AJAJAJAJAJAJAJAJAJWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYPJPJ PJPJPJPJIH IHIHIHIHMLMLMLBIBIBI SGSGSGRYRYRYGMGMGMIN IN INRYRYRYSGSGSGBI BIBIGLGLGLCGCGCGCGCGCGCGCGCGCGRYRYRYGMGMGMSGSGSGBIBIBI CGCGCGCGCGCGCGCGCGCGCGRYRYRYBIBIBI CGCGCGCGCGCGCGCGCGCGIN IN IN ININIHIH IH IH IH IHIHIHIHIHIH PJPJPJPJPJPJPJPJMPMPMPMPMPMPMPMPMPMPRYRYRYBI BIBI SGSGSGSGSGMLMLMLRYRYRYIN IN INBIBIBIGLGLGL SGSGSGMLMLMLIN ININ BIBIBI PAPA PA RYRYRYIN IN INMLMLMLCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGIHIHIH IHIHIH IH RYRYRYBIBIBI SGSGSGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYRYRYRYSGSGSGRYRYRYBIBI BI BIBIBISGSGSGLC LCLCLCLCRYRYRYINININRI RI RI RIRIRI RIRIRIRI RIRIRI JAJAJARYRYRYGMGMGMBI BI BI IN IN IN BJBJBJRYRYRYJA JAJAGMGMGMSGSGSGGLGLGLGLGLLCLCLCRYRYRYSGSGSGGLGLGLSGSGSGININININ INRYRYRYRYRYJAJAJAJAJAGMGMGMGMGMSGSGSGSGSGINININININBIBIBIBIBIJAJAJAJAJAGMGMGMGMGMGLGLGLGLGLGLIN ININININSGSGSGSGSGBJBJBJBJBJMLMLMLMLMLJAJAJAJAJABJBJBJBIBIBISGSGSGPA PA PASGSGSGININININININPAPAPAGLGLGLRYRYRYMLMLMLINININGLGLGLPA PAPA BIBI BIGLGLGLPAPAPA GMGMGMRYRYRYBIBIBIPA PA PABIBIBIPAPAPAPAPA BI BI BIPAPA PAPA PA GMGMGMBI BI BI PAPAPA PAPA RYRYRYBI BIBISGSGSGIN ININ MLMLMLGLGLGLLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCGMGMGMPA PA PA BIBI BI SGSGSGLCLCLCLCLCRYRYRYBI BIBISGSGSGGLGLGLRYRYRYIN IN IN BIBIBIPJPJPJPJPJPJPJMPMPMPMPMPIHIH IHIHIHIHIHIHIH PJPJPJMLMLMLRI RI RISGSGSGRYRYRYIN ININBIBI BIJA JAJAGMGMGMSGSGSGGLGLGLGLGLRI RI RIRIRI LCLCLCRYRYRYSGSGSGBI BI BIGLGLGLPAPAPA BJBJBJBJBJBJGMGMGMSGSGSGBIBIBIININ IN MLMLMLRYRYRYGMGMGMIHIHIHIHIHIHRIRIRIRIRIRIRISGSGSG PAPA PA RIRI RI RIRYRYRYJAJAJAGMGMGMBJBJBJPA PAPABIBIBI SGSGSGGLGLGLPA PA PACYCYCYCYCYRYRYRYJAJAJABIBIBIPAPAPARIRIRIRIRIRIRIRILCLCLCLCLCCGCGCGCGCGCGCGRYRYRYINININGLGLGLPAPAPASGSGSGBIBIBIPAPAPA IN IN IN GMGMGMGMGMRYRYRYMLMLMLBIBI BIIN ININPAPA PA GMGMGMSGSGSGBIBI BI RYRYRYMLINININ MLMLMLBI BI BI GLGLGLBJBJBJBJBJGMGMGMRYRYRYSGSGSGINININMLMLMLBJBJBJGMGMGMGLGLGLRYRYRYINININSGSGSGBIBI BIGLGLGLGLGLJAJAJAMLMLMLPA PA PARYRYRYININ INRYRYRYSGSGSGMLMLMLBI BIBIPA PAPA IN IN INRYRYRY SGSGSGMLMLMLBI BIBIPAPA PA IN IN INRYRYRYMLMLMLBIBIBI SGSGSGBI BIBIBJ BJBJGLGLGLGLGLGLGLGLRYRYRYJAJAJAINININSGSGSGSGSGSGRYRYRYBIBI BIBJBJBJ RYRYRYSGSGSGBIBIBI BJBJBJINGLGLGLRYRYRYSGSGSGBIBIBI BJBJBJIN IN GLGLRYRYRYSGSGSGBIBIBI BJBJBJIN IN GLGLGLRYRYRYSGSGSGBIBIBI BJBJBJIN RYRYBJBJBJINININSGSGSGBIBIBIGLGL RYRYRYBJBJBJINININSGSGSGBIBIBIGLGL RYRYRYBJBJBJINININSGSGSGBIBIBIGLGLLCLCLCWAWAWAWAWAWAWABIBIBIBIBIBIBIBIBILCLCLCRYRYRYGMGMGMSGSGSGSGSGSGJAJAJABIBIBIINININRYRYRYPAPAPAPAPAPAPAPAPASGSGSGGLGLGLPAPAPARYRYRYJAJAJASGSGSGBIBIBIBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLJAJAJAGMGMGMBIBIBILCLCLCLCLCLCGMGMGMJAJAJABIBIBIPAPAPABIBIBIRYRYRYGMGMGMSGSGSGJAJAJAGLJASGSGGMGMGMGMGMBJBJBJRYRYRYMLMLMLGMGMGMINININGLGLGLPAPAPAPAPARYRYRYINININGMGMGMPAPAPAPAPAPAINININSGSGSGMLMLMLGLGLGLGMGMRYRYRYRYRYSGSGSGMLMLMLGLGLGLINININININBIBIBIBIBIMLMLMLGLGLGL SGSGSGGMGMGMINININPA PA PA PA PASGSGSGGMGMGMIN IN INPA PAPA PAPABIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGL BI BI BIJAJAJARYRYRYGMGMGMBIBIBIGLGL JAJAJARYRYRYGMGMGMBIBIBIGLGL BIBIBIJA JAJARYRYRYGMGMGMRYRYRYBI BI BISGSGSGGLIN IN INSGSGSG GLGLGLRYRYRYBJBJBJIN ININSGSGSG GLGLGLRYRYRYBJBJBJJAJAJASGSGSGGMGMGMBI BIBI JAJAJASGSGSGGMGMGMBI BIBI JAJAJASGSGSGBIBIBIINININRYRYRY RYRYRYINININMLMLMLSGSGSGBJBJBJINININGLGLGLGL RYRYRYININ INGMGMGMBJBJBJJAJAJAMLMLMLRYRYRYINININ GMGMGMMLMLMLRYRYRYSGSGSGBIBI BI BIBIBIGMGMGMJAJAJASGSGSGMLMLMLLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYBIBIBIRYRYRYININININININBIBIBIRYRYRYMLMLML IN IN INBIBIBI RYRYRYMLMLMLGMRYRYRYGMGMBIBIBISGSGSGGLGLGL RYRYRYIN IN INBIBIBIGMGMGM JAJAJABJBJBJGLGLGLRYRYRYIN ININGMGMGMSGSGSGMLMLMLBIBI BI BI BIMLMLMLPA PAPA INININSGSGSG PAPAPA BIBIBIGM GMGMRYRYRYMLMLMLGLGLGLGLGLPA PAPA RI RI RIRYRYRYRYRYRYBIBI BISGSGSG IN ININMLMLMLGLGLGLIHIH IHIHIH IH IH IHIH IH IHIHIHIHIHIHIHIHIHIHIHIHBIBIBIININ GLGLMLMLGLGLGLPAPAPAPA PARYRYRYBIBIBIGLGLGLGLGLGLGL MLMLMLMLMLBI BIBIPAPAPAINININSGJAJAPAPAPAPAPAGMINMLRYRYRYSGSGSGPAPAPAINININSGSGSGPAPAPASGSGSGRYRYRYGMGMGMMLMLMLMLMLRYRYRYRYRYSGSGSGMLMLMLMLMLRYRYRYRYRYSGSGSGBIBIBIBIBIGLGLGLGLGLGMGMGMININININININMLMLMLRYRYRYMLMLMLGMGMGMBIBIBIAJAJAJAJAJAJAJAJAJAJAJAJAJAJAJSGSGSGRYRYRYRYRYINININMLMLMLSGSGSGSGPAPAPARYRYRYCYCYCYCYCYPAPAPAPAPARYRYRYINININMLMLMLSGSGSGRYRYRYINININBIBIBIRYRYRYINININSGSGSGMLMLMLGMGMGMSGSGSGMLMLMLGMGMGMSGSGSGSGSGSGBIBIBIJAJAJARYRYRYGMGMGMRYRYRYRYGMGMGMRYRYRYRYRYCGCGCGSGSGSGGMGMGMSGSGSGBIBIBIPAPAPAPAPAPAGMGMGMSGSGSGBIBIBIBIBISGSGSGINININ WAQuercus virginianaLive Oak4" Cal. 12' Ht. Min.Ilex cornutaBurford Holly3 Gal.COMMON NAMESIZESYMBOLFraxinus texensisTexas Ash4" Cal. 12' Ht. Min.BOTANICAL NAMEQuercus shumardiiShumard Oak4" Cal. 12' Ht. Min.Limestone BouldersLarge: 2' to 3'Cynodon dactylonBermuda Grass 'Tiff 419'Solid Sod as LabeledPlant PaletteAbelia x grandiflora 'Edwa rdGouche r' Glossy Abelia3 OR 5 Gal.Mahonia swaseyiTexas barberry3 OR 5 Gal.AGLantanaNew Gold Lantana3 Gal.Loropetalum chinenseBurgandy Blast3 Gal.LCPJBJIHTernstroemia gymnatheraCleyera3 Gal.CYJasminum humileItalian Jasmine3 OR 5 Gal.MPAJAucuba japonicaJapanese Aucuba3 Gal.Salvia reglaMountain Sage3 Gal.CGSeasonal Planting4" PotsHesperaloe parvifloraRed Yucca3 gal.RYElaeagnus commutataElaeagnus3 OR 5 Gal.Dichondra argenteaSilver Ponyfoot6" PotsCercis canadensis 'Texensis'Texas Red Bud4" Cal. 8'Ilex vomitoriaYaupon Holly4" Cal. 6'Quercus macrocarpaBur Oak4" Cal. 8'-10' Ht. (Min.)Muhlenbergia lindheimeriBig Muhly Grass3 Gal.Berberis thunbergiiPurpleleaf Japanese Barberry3 Gal.PAIris germanicaBearded Iris3 Gal.BIMuhlenbergia capillarisGulf Muhly3 Gal.GMMLGLLiriope muscari 'Gigantea'Giant Lirope3 Gal.INIlex cornuta 'Nellie R Stevens'Nellie R Stevens Holly3 Gal.JASalvia greggiiAutumn Sage3 Gal.SGRaphiolepis indicaIndian Hawthorne3 Gal.RIPennisetum alopecuroides 'Hameln'Dwarf fountain Grass1 gal.JMBLANDSCAPE PLANOVERALLA2.40IF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:5025'50'0100'OVERALLNORTHXref C:\Users\mcastillo\Documents\KG-TITLEBLOCK24X36 SCALED MC.dwg ISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021SECONDARY TREE (93.5% PRESERVED)QUALITY TREE (100% PRESERVED)HERITAGE TREE (100% PRESERVED)SECONDARY TREE TO BE REMOVEDPROPOSED PARKING / STREET TREETOTAL SITE AREA: 508,826 SFPERVIOUS AREA: 183,230 SFPERVIOUS PERCENTAGE: 36%OPEN SPACE: 86,100 SF (16.9%)BUILDING COVERAGE: 129,663 SF (25.5%)LANDSCAPE AREA (TURF OR SHRUB)COMMON OPEN SPACESTREET YARD AREA (I-35 FRONTAGE): 95,206 SFPARKING LOT ISLANDS REQUIRED: 4,760 SF (5%)PARKING LOT ISLANDS PROVIDED: 4,800 SF (5%)STREET YARD TREES REQUIRED: 1 PER 2,500SF = 38 TREESSTREET YARD TREES PROVIDED: 48 TREESSTREET YARD MINIMUM LANDSCAPE: 19,041SF (20%)STREET YARD LANDSCAPE PROPOSED: 20,125 SF (21%)MINIMUM LANDSCAPE REQUIREMENTSDEVELOPMENT SHALL CONFORM TO THE 1988 LANDSCAPE STANDARDS OF THE CITY OF DENTON, TXSTREET YARD LANDSCAPING. THE STREET YARD IS THE AREA LOCATED BETWEEN THE RIGHT-OF-WAY LINE AND THE FRONTBUILDING WALL.DEVELOPMENTS ARE REQUIRED TO LANDSCAPE A MINIMUM OF 20% OF THE STREET YARD AND PROVIDE ONE TREE PER 2,500SQUARE FEET OF TOTAL STREET YARD.ANY PARKING LOTS WITHIN THE STREET YARD AREA MUST CONTAIN LANDSCAPE ISLANDS, PENINSULAS, OR MEDIANS WHICHTOTAL A MINIMUM OF 5% OF THE PARKING AREA.DEVELOPMENTS MUST SCREEN PARKING LOTS USING EITHER A BERM, A MASONRY WALL, OR AN EVERGREEN HEDGE(COMBINED WITH THE TREES PLANTED AS PART OF THE STREET YARD LANDSCAPING).POINT SYSTEM: 30 POINTS MUST BE OBTAINED BY SELECTING LANDSCAPING ELEMENTS FROM TABLE 7.E. (DDC SECTION 7.7.5F).NOTE, TURF GRASS IS NOT PERMITTED IN PARKING LOT LANDSCAPE AREAS.STREET TREES: ONE STREET TREE MUST BE PLANTED ALONG ALL RIGHTS-OF-WAY IN (GENERALLY, ONE PER30 LINEAR FEET PLANTED WITHIN THE ROW OR 10 FEET FROM THE ROW) THESE TREES ARE IN ADDITION TO RIGHT-OF-WAYSCREENING AS REQUIRED BYTABLE 7.EPARKING LOT LANDSCAPING MUST BE PLANTED WITH DROUGHT-TOLERANT PLANTS, ORNAMENTAL GRASSES AND/OR NATIVEGRASSES. (DDC SECTION 7.7.5F.4BII). TURF GRASS IS PROHIBITED.TREE CANOPY COVERAGE CALCULATIONS30% OF TOTAL SITE AREA: 508,826 SF x 30% = 152,647.8158 PROPOSED LARGE TREES x 1,256 SF = 198,448 SF19 PROPOSED LARGE ORNAMENTAL TREES x 314 SF = 5,966 SF23 PROPOSED SMALL ORNAMENTAL TREES x 79 SF = 1,817 SF198,448 SF + 5,966 SF + 1,817 SF = 206,231 SF CANOPY COVERAGE1POOL/OUTDOOR LOUNGE AREALANDSCAPE AREA POINT SYSTEMMINIMUM OF 30 POINTS REQUIRED.POINTS PROVIDED:Right-of-Way Elements:One large canopy tree planted every 40 linear feet: 5 pointsThree small accent trees clustered every 30 linear feet: 5 pointsA minimum 3 foot high continuous hedge of evergreen shrubs: 5 pointsA minimum 3 foot high wrought iron perimeter fence with vines plantedevery 10 feet on center: 5 pointsParking Lot Landscaping Elements:Internal landscape islands with an area of at least nienf eet by 18 feetcontaining at least once large canopy tree placed evently at an averageof one for every ten spaces: 5 pointsEach planted tree meets or exceeds four caliper inches at the time ofplanting: 5 pointsTOTAL AMOUNT OF POINTS: 30 POINTS2GAZEBO3PLAYGROUND4LAWN AREA FOR GAMES/RECREATION ACTIVITIES123445SPACE FOR POTENTIAL FUTURE DOG PARK56GRILL AREA WITH CHARCOAL GRILL &ADA PICNIC TABLE ON CONCRETE PAD66666AMENITIES PROVIDED ON SITE7BIKE PARKING7777777LINETYPE LEGENDPARKING LOT LIGHTPOSTPROPERTY LINE20' LANDSCAPE BUFFER LINE20' UTILITY EASEMENT LINEWROUGHT IRON PERIMETER FENCE874 INTERSTATE HIGHWAY 35WORIGINAL ROWNEW R O W NEW ROW ZONING: MPC9228922992309231923292339234923593619362936393649365936693679368936993709371937293733 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BRDDDDBUILDING #4R25.018.09.0 6.1BUILDING #520.05.020' U T L . E A S E M E N T INTERSTATE 35W-EXIT ROAD350.948.740.478.857.49.018.026.026.09.0 18.03 B R 3 B R 2 B R 2 B R 2 B R 3 B R 3 B R 4 B R 4 B R BUILDING #340.344.416.120' L A N D S C A P E B U F F E R 20' LANDSCAPE BUFFER6' DECORATIVE6' DECORATIVEMETAL FENCE25' ACCESSDOGPARKMINIMUM SETBACK FROM CENTERLINE 250'20' REAR YARD10.511.210.021 3 . 9 75.777.920 8 . 9 17 7 . 2 81.2LAWN20' UTILITY BUFFERT TDOG PARK ENTRYCROSSWALK,SPEED HUMPIN DRIVE AISLE11.3STREET YARDI-35 FRONTAGE AGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGPJMPAGAGAGAGMPMPMPMPPJPJPJPJAGMPAGAGAGAGMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGPJPJPJPJPJMPMPMPMPMPAGAGAGAGAGAGWALCCGWAWAWAWAWAWAWAWAWAWAWAWAWAWAWALCLCLCLCLCLCLCLCCGCGCGCGCGCGCGCGCGCGLCLCLCLCLCLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAMPMPMPMPMPIHAJAJIHIHAJAJAJAJAJAJAJAJMPMPMPIHIHIHIHIHINGMGMGMBIBIBIRYRYRYGMGMGMSGSGSGININRYRYRYMLMLMLPAPAPASGSGSGGLGLGLINININBIBIBIPAPAPAGLGLGLGMGMGMRYRYRYBIBIBIRYRYRYINININGLGLGLSGSGSGMLMLMLINININGMGMPAPAPAGMGMGMGLGLGLPAPAPARYRYRYMLMLMLINININPAPAPAGMGMGMSGSGSGRYRYRYBIBIBISGSGSGGMGMGMWAWAGMGMGMRYRYRYINININSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPARYRYRYSGSGSGBIBIBIBJBJBJINRYRYBJBJBJINININSGSGSGBIBIBIGLGLRYRYRYBJBJBJINININSGSGSGBIBIBIGLGLRYRYRYBJBJBJINININSGSGSGBIBIBIGLGLLCLCLCWAWAWAWAWAWAWABIBIBIBIBIBIBIBIBILCLCLCRYRYRYGMGMGMSGSGSGSGSGSGJAJAJABIBIBIINININRYRYRYPAPAPAPAPAPAPAPAPASGSGSGGLGLGLPAPAPARYRYRYJAJAJASGSGSGBIBIBIBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLJAJAJAGMGMGMBIBIBILCLCLCLCLCLCGMGMGMJAJAJABIBIBIPAPAPABIBIBIRYRYRYGMGMGMSGSGSGJAJAJAGLJASGSGGMGMGMGMGMBJBJBJRYRYRYMLMLMLGMGMGMINININGLGLGLPAPAPAPAPARYRYRYINININGMGMGMPAPAPAPAPAPAINININSGSGSGMLMLMLGLGLGLGMGMRYRYRYRYRYSGSGSGMLMLMLGLGLGLINININININBIBIBIBIBIMLMLMLGLGLGLJAJAJASGSGSGGMGMGMBIBIBIJAJAJASGSGSGGMGMGMBIBIBIJAJAJASGSGSGBIBIBIINININRYRYRYRYRYRYINININMLMLMLSGSGSGBJBJBJINININGLGLGLGLRYRYRYBJBJBJMLMLRYRYRYINININRYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLBIBIBIININSGJAJAPAPAPAPAPAGMININININSGSGSGPAPAPAINININMLMLMLRYRYRYMLMLMLGMGMGMBIBIBIAJAJAJAJAJAJAJAJAJAJAJAJAJAJAJSGSGSGRYRYRYRYRYINININMLMLMLSGSGSGSGPAPAPARYRYRYCYCYCYCYCYPAPAPAPAPARYRYRYINININMLMLMLSGSGSGRYRYRYINININBIBIBIRYRYRYINININSGSGSGMLMLMLGMGMGMSGSGSGMLMLMLGMGMGMSGSGSGSGSGSGBIBIBIJAJAJARYRYRYGMGMGMRYRYRYRYGMGMGMRYRYRYRYRYCGCGCGSGSGSGGMGMGMSGSGSGBIBIBIPAPAPAPAPAPAGMGMGMSGSGSGBIBIBIBIBISGSGSGINININ3 BR3 BR3 BR3 BR2 BR4 BR2 BRINT E R S T A T E H I G H W A Y 3 5 W DDORIGI N A L R O W NEW R O W NE W R O W NEW R O W S.A. P R I T C H E T T SUR V E Y ABS T R A C T N O . 10 2 1 921692179219922092219222922392249225922692279228922992309231923292339234923693579358935993609361936293649365936793729373DD 3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR 1 BR2 BRDDDD3 BR 3 BR 2 BR 2 BR2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR 20' U T L . E A S E M E N T INT E R S T A T E 3 5 W - E X I T R O A D INTE R S T A T E 3 5 W - F R O N T A G E R O A D3 BR 3 BR 2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR 20' LA N D S C A P E B U F F E R 20' LAN D S C A P E B U F F E R 20' LA N D S C A P E B U F F E R 20 ' LANDSCAP E BUF F ERMINIMUM SETBACK FROM CENTERLINE 250'MINIMUM SETBACK FROM CENTERLINE 250'20' UT I L ITY BUFFER 20' UTILI T Y B U F F E R 20' UTI L I T Y B U F F E R TT T T TTT TDOG PARK E N T RY PREMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L NA M E Single Trun k , D a rk Green, Fu l l C a n op y , Matched, B & BLARGE SHADE T R EE3" Cal. 6' Ht. M i n . PLAN T L IS T Full, Health y , B r ig h t GreenPlant as S h o w n MINIMUM 3 ' T AL L L OWWATER USAG E S H RU BDROUGHT TOL E R A NTPARKING LOT I S L A NDPLANTING, NO T U R F G R A SS Full, Health y , G re y GreenPlant as S h o w n Dense, Hea l t h y , Bright Gre e n .Cynodon dacty l o nBermuda Gras s ' T i ff 4 1 9 'Solid Sod as L a b e l ed+/-186,016SF STREE T Y A R D I-35 FR O N T A G E STREET YARDI-35 FRONTAGE Quercus v i r g i n ia n a Live Oak4" Cal. 12 ' H t . Mi n . Ilex cornut a Burford H o l l y 3 Gal.REMARKS COMMON N A M E SIZE SYMBOL QTY.Fraxinus t e x e n si s Texas As h 4" Cal. 12' H t . M in . BOTANICAL N AM E Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Quercus s h u m ar d i i Shumard O a k 4" Cal. 12 ' H t . Mi n . Full, Healthy , D a rk Green, Plan t a s s h o w n Single Trunk, D a r k Green, Full C a n o p y, Matched, B& B Single Trunk, D a r k Green, Full C a n o p y, Matched, B& B Compl et e L a nd sc ap eAbelia x grandiflora 'EdwardGoucher' Glossy Abelia 3 OR 5 G a l . Full, Healthy , B r i gh t Green,Plant as sho w n Mahonia s w a s ey i Texas ba r b e r r y 3 OR 5 G a l . Full, Healthy , B r i gh t GreenPlant as Sho w n Full, Healthy , B r i gh t GreenPlant as Sh o w n LantanaNew Gold L a n t an a 3 Gal. Full, Healthy , D a r k GreenPlant as Sh o w n Loropetal u m c h in e n s e Burgandy B l a s t 3 Gal. Full, Healthy , D a r k Green, Plant a s shown Ternstroe m i a gy m n a t he r a Cleyera3 Gal. Full, Healthy , D a r k Green, Plant a s shown Full, Healthy , B r i gh t GreenPlant as Sh o w n Jasminum h u m i le Italian Jas m i n e 3 OR 5 G a l . 28Aucuba ja p o n i c a Japanese A u c u ba 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Salvia reg l a Mountain S a g e 3 Gal. Full, Healthy , G r ey GreenPlant as Sh o w n Hesperalo e p a r vi f l o r a Red Yucc a 3 gal. Full, Healthy , D a r k Green, Plant a s shown TREES - SHA D E SHRUBS AND G RA S S E S REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM E Elaeagnus c o mm u t a t a Elaeagnus3 OR 5 G a l . 4230 50126149153739710010488116313Cercis can a d e ns i s ' T e xe n s i s ' Texas Red B u d 4" Cal. 8'Ilex vomit o r i a Yaupon H o l l y 4" Cal. 6' Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B 19 23 Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Quercus m a c r o ca r p a Bur Oak4" Cal. 8'-1 0 ' H t . (M i n . ) 36 Full, Healthy , D a r k GreenPlant as Sho w n Muhlenber g i a l i nd h e i m er i Big Muhly G r a ss 3 Gal. Full, Healthy , D a r k Green,Plant as sho w n Berberis t h u n b er g i i Purpleleaf J a p an e s e Ba r b e r r y 3 Gal. Full, Healthy, B r i g ht Green, Plant a s s ho w n Iris germa n i c a Bearded I r i s 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Muhlenber g i a c ap i l l a r i s Gulf Muhly3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Liriope mus c a r i 'G i g a n te a ' Giant Lirop e 3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Full, Healthy , D a r k Green,Plant as sho w n Ilex cornut a ' N e l li e R St e v e n s ' Nellie R S t e v e ns H o l l y 3 Gal.Salvia gregg i i Autumn Sa g e 3 Gal. Full, Healthy , B r i gh t Green, Plant a s shownFull, Healthy , G r ey GreenPlant as Sh o w n Raphiolep i s i n d ic a Indian Haw t h o rn e 3 Gal.Pennisetum a l o p e c ur o i d e s 'H a m e l n ' Dwarf fount a i n Gr a s s 1 gal. 26943111253296151215173201 SHRUBS AND G RA S S E S C O N T .REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM E JMBLANDSCAPE PLANPARTIAL "A"A2.40AIF THIS BAR SCALE DOESNOT MEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "A"SITE LEGENDXref C:\Users\mcastillo\Documents\KG-TITLEBLOCK24X36 SCALED MC.dwg A2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021875 DD85.626.0GAZEBOPLAYGROUNDR25.040.74.09.09.018.018.09.0 9.0 18.05.5DD3 BR3 BR2 BR4 BRBUILDING #53 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #248.740.426.09.018.03 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #63 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR 3 BR2 BR 2 BR 3 BR4 BRBUILDING #315.823. 9DOGPARK 10.010.015.013.110.511.4234.775.9234.8 76.0234.775.9213.9 177.2 81.2BUILDING #1LAWNLAWNTT DOG PARK ENTRY13.1PCYCYCYCYCYCYCYCYCYCYCYWAWAWAWAWAWAWAWAWAWAWAWAAJAJAJAJAJMPMPMPIHIHIHIHIHRYRYRYBIBIBISGSGSGGMGMGMWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYGMGMGMRYRYRYINININSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPAGMGMGMRYRYRYGLGLGLBIBIBIINININGMGMGMINININMLMLMLBIBIBIGLGLGLSGSGSGGLGLGLPAPAPARYRYRYMLMLMLPAPAPAINININBIBIBIPAPAPAINININRYRYRYAJAJAJAJAJAJAJAJAJRYRYRYBIBIBIPAPAPASGSGSGINININGLGLGLCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYCYRYRYRYBIBIBISGSGSGMLMLMLPAPAPARYRYRYSGSGSGGMGMGMINININPAPAPAIHIHIHIHIHIHIHIHIHIHIHRYRYRYGMGMGMINININSGSGSGPAPAPAPAPAMLMLMLGMGMGMGLGLGLPJPJPJPJPJPJIHIHIHIHIHCGCGCGCGCGCGCGCGCGCGIHIHIHIHIHIHIHIHIHIHIHRYRYRYGMGMGMINININSGSGSGPAPAPARYRYRYBIBIBIGLGLGLMLMLMLPAPAPAAJAJAJAJAJAJAJAJAJWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYPJPJPJPJPJPJIHIHIHIHIHMLMLMLBIBIBISGSGSGRYRYRYGMGMGMINININRYRYRYSGSGSGBIBIBIGLGLGLCGCGCGCGCGCGCGCGCGCGRYRYRYGMGMGMSGSGSGBIBIBICGCGCGCGCGCGCGCGCGCGIHIHIHIHIHIHIHRYRYRYBIBIBISGSGSGPAPAPASGSGSGININININININPAPAPAGLGLGLRYRYRYMLMLMLINININGLGLGLPAPAPABIBIBIGLGLGLPAPAPAGMGMGMRYRYRYBIBIBIPAPAPABIBIBIPAPAPAPAPABIBIBIPAPAPAPAPAGMGMGMBIBIBIPAPAPAPAPARYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCGMGMGMPAPAPABIBIBISGSGSGINININRYRYRYMLMLMLBIBIBISGSGSGRYRYRYBIBIBIBJBJBJRYRYRYSGSGSGBIBIBIBJBJBJINGLGLGLRYRYRYSGSGSGBIBIBIBJBJBJININGLGLRYRYRYSGSGSGBIBIBIBJBJBJININGLGLGLGMGMRYRYRYRYRYSGSGSGMLMLMLGLGLGLINININININBIBIBIBIBIMLMLMLGLGLGLSGSGSGGMGMGMINININPAPAPAPAPASGSGSGGMGMGMINININPAPAPAPAPABIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMBIBIBIGLGLJAJAJARYRYRYGMGMGMBIBIBIGLGLBIBIBIJAJAJARYRYRYGMGMGMRYRYRYBIBIBISGSGSGGLINININSGSGSGGLGLGLRYRYRYBJBJBJINININSGSGSGGLGLGLRYRYRYBJBJBJGMGMGMMLMLMLRYRYRYSGSGSGBIBIBIBIBIBIGMGMGMJAJAJASGSGSGMLMLMLCYCYCYCYCYCYCYCYCYBIBIRYININININININBIBIBIRYRYRYMLMLMLINBIBIBIRYRYRYMLMLMLRIRIRIRYRYRYRYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHGLGLRYRYRYBIBIBIGLGLGLGLGLGLGLGMINMLRYRYRYSGSGSGPAPAPAMLMLMLMLMLRYRYRYRYRYSGSGSGMLMLMLMLMLRYRYRYRYRYSGSGSGBIBIBIBIBIGLGLGLGLGLGMGMGMININININININMLMLMLRYRYRYMLMLMLGMGMGMBIBIBIAJAJAJAJAJAJAJAJAJAJAJAJAJAJAJSGSGSGRYRYRYRYRYINININMLMLMLSGSGSGSGPAPAPARYRYRYCYCYCYCYCYPAPAPAPAPARYRYRYINININMLMLMLSGSGSGRYRYRYINININBIBIBIRYRYRYINININSGSGSGMLMLMLGMGMGMSGSGSGMLMLMLGMGMGMCGCGCGSGSGSGSGSGSGINININ3 BR3 BR3 BR3 BR2 BR4 BR2 BRINTE R S T A T E H I G H W A Y 3 5 W DD ORI G I N A L R O W NEW R O W NEW R O W NEW R O W S.A. P R I T C H E T T SUR V E Y ABS T R A C T N O . 102 1 DD 3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR 2 BR 1 BR 2 BRDDDD3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR3 BR2 BR 3 BR 3 BR 20' UT L . E A S E M E N T INTE R S T A T E 3 5 W - E X I T R O A D INTE R S T A T E 3 5 W - F R O N T A G E R O A D3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR 20' LA N D S C A P E B U F F E R 20' LA N D S C A P E B U F F E R 20' LAN D S C A P E B U F F E R20' LANDS CAPE BUFFERMINIMUM SETBACK FROM CENTERLINE 250'MINIMUM SETBACK FROM CENTERLINE 250'20' UT IL I TY B UFFER 20' UTI L I T Y B U F F E R 20' UTIL I T Y B U F F E R TT T T TT T T DOG PARK EN T R Y PREMARK SCOMMON NA M ESIZE SYMBOL QTY.BOTANICAL N A ME Single Trunk, D a r k Green, Full C a n o p y ,Matched, B&B LARGE SH A D E TR E E 3" Cal. 6' Ht . M i n .PLANT L I ST Full, Healthy, B r i g h t GreenPlant as Sho w n MINIMUM 3' T A L L L O W WATER US A G E S H R U B DROUGHT T O L ER A N T PARKING L O T I SL A N D PLANTING, N O TU R F GR A S S Full, Healthy, G r e y GreenPlant as Sho w n Dense, Health y , Bright Green . Cynodon d a c t y l on Bermuda G r a s s ' T i f f 4 19 ' Solid Sod a s L ab e l e d +/-186,016SF STRE E T Y A R D I-35 F R O N T A G E STREET YARDI-35 FRONTAGE Quercus virg i n i a n a Live Oak4" Cal. 12' Ht . M i n . Ilex cornutaBurford Holly3 Gal. REMARKS COMMO N N AM E SIZESYMBOLQTY.Fraxinus texe n s i s Texas Ash4" Cal. 12' Ht. M i n . BOTANI C A L N A M E Single Trunk, Da r kGreen, Full Can o p y ,Matched, B&B Quercus shu m a r d i i Shumard Oa k 4" Cal. 12' Ht . M i n .Full, Healthy, D a r kGreen, Plant a s s h ow n Single Tr u n k , Da r k Green, F u l l C a no p y , Matched , B & B Single Tr u n k , Da r k Green, F u l l C a no p y , Matched , B & B Comple te La n ds ca peAbelia x grandiflora 'EdwardGoucher' Glossy Ab e l i a 3 OR 5 Gal.Full, Healthy, B r i g h tGreen,Plant as s h o w n Mahonia swa s e y i Texas barbe r r y 3 OR 5 Gal.Full, Healthy, B r i g h tGreenPlant as S h o wnFull, Healthy, B r i g h tGreenPlant as Shown LantanaNew Gold Lan t a n a 3 Gal.Full, Healthy, D a r kGreenPlant as Shown Loropetalum c h i n e ns e Burgandy Bla s t 3 Gal.Full, Healthy, D a r kGreen, Plant asshown Ternstroemia g y mn a t h e ra Cleyera3 Gal.Full, Healthy, D a r kGreen, Plant asshown Full, Healthy, B r i g h tGreenPlant as Shown Jasminum hu m i l e Italian Jasmi n e 3 OR 5 Gal. 28Aucuba japon i c a Japanese Au c u b a 3 Gal. Full, Healt h y , Br i g h t GreenPlant as S h o wn Salvia reglaMountain Sa g e 3 Gal.Full, Healthy, G r e yGreenPlant as Shown Hesperaloe p a r v i f l or a Red Yucca3 gal.Full, Healthy, D a r kGreen, Plant asshown TREES - S H A DE SHRUBS A N D G R A SS E S REMARK S COMMO N N AM E SIZESYMBOLQTY.BOTANI C A L N A M E Elaeagnus co m m ut a t a Elaeagnus3 OR 5 Gal. 4230 50126149153739710010488116313Cercis canad e n s i s 'T e x e ns i s ' Texas Red B u d 4" Cal. 8'Ilex vomitor i a Yaupon Holly4" Cal. 6'Multi-trunk, 3-5 C a n es ,Dark Green, Fu l l C a n op y ,Matched, B&B Multi-trunk, 3-5 C a n es ,Dark Green, Fu l l C a n op y ,Matched, B&B 1923 Single Trunk, Da r kGreen, Full Cano p y ,Matched, B&B Quercus macr o c a r pa Bur Oak4" Cal. 8'-10' H t . ( M i n. ) 36 Full, Healthy, D a r kGreenPlant as S h o wn Muhlenbergia l i n d h ei m e r i Big Muhly Gr a s s 3 Gal.Full, Healthy, D a r kGreen,Plant as shown Berberis thu n b e r g i i Purpleleaf Ja p a n e se B a r be r r y 3 Gal. Full, Healt h y , Br i g h t Green, P l a n t as s h o wn Iris germanic a Bearded Iris3 Gal. Full, Healt h y , Br i g h t GreenPlant as S h o wn Muhlenbergia c a p i l la r i s Gulf Muhly3 Gal. Full, Healt h y , Br i g h t Green, P l a n t as shown Liriope musca r i ' G i ga n t e a ' Giant Lirope3 Gal. Full, Healt h y , Br i g h t Green, P l a n t as shown Full, Healthy, D a r kGreen,Plant as shown Ilex cornuta ' N e l l i e R S t e ve n s ' Nellie R Stev e n s Ho l l y 3 Gal.Salvia greggiiAutumn Sage3 Gal.Full, Healthy, B r i g h tGreen, Plant asshownFull, Healthy, G r e yGreenPlant as Shown Raphiolepis i n d i c a Indian Hawth o r n e 3 Gal.Pennisetum alop e c u r o id e s ' H am e l n 'Dwarf fountain G r a ss 1 gal.26943111253296151215173201 SHRUBS A N D G R A SS E S CO N T . REMARK S COMMO N N AM E SIZESYMBOLQTY.BOTANI C A L N A M E JMBLANDSCAPE PLANPARTIAL "B"A2.40BIF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "B"SITE LEGENDA2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021876 3 BR3 BR3 BR3 BR2 BR4 BR2 BRPOOLORIGINAL ROWNEW ROW NEW ROW LANDUSE: VACANTZONING: N/ALANDUSE: ROWGAZEBOPLAYGROUND18.34.0 18.092169217921992209221922292239224922592269227923693579358935993609361DD3 BR3 BR2 BR2 BRBUILDING #5BUILDING #720' UTL. EASEMENT IN T E R S T A T E 3 5 W - F R O N T A G E R O A D113.8114.8100.099.826.09.018.026.09.018.03 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BRBUILDING #63 BR2 BR 2 BR2 BR 15.820' LANDSCAPE BUFFER 20' L A N D S C A P E B U F F E R20' LANDSCAPE BUFFER23. 9 GATE6' DECORATIVEMETAL FENCE345.1MINIMUM SETBACK FROM CENTERLINE 250'11.411.511.614.4234.775.916 0 . 981.9234.8 81.2BUILDING #1LAWN20' UTILITY BUFFER 20' U T I L I T Y B U F F E R TT T10.330. 0 30.0P STREET YARD I-35 FRONTAGEPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJPJPJAGAGAGAGAGMPMPMPMPMPPJPJPJIHIHIHRYRYRYINININGLGLGLSGSGSGMLMLMLINININGMGMGMPAPAPAWAWAWAWAWAWAWAWAWAWAWACYCYCYCYCYCYCYCYCYCYCYCYGMGMGMRYRYRYINININSGSGSGMLMLMLRYRYRYGMGMGMGLGLGLPAPAPAGMGMGMRYRYRYGLGLGLBIBIBIINININGMGMGMINININMLMLMLBIBIBIGLGLGLSGSGSGGLGLGLPAPAPARYRYRYMLMLMLPAPAPAINININBIBIBIPAPAPAINININRYRYRY CGCGCGCGCGCGCGCGCGCGIHIHIHIHIHIHIHIHIHIHIHRYRYRYGMGMGMINININSGSGSGPAPAPARYRYRYBIBIBIGLGLGLMLMLMLPAPAPAAJAJCGCGCGCGCGCGCGCGCGCGCGRYRYRYBIBIBICGCGCGCGCGCGCGCGCGCGINININININIHIHIHIHIHIHIHIHIHIHIHPJPJPJPJPJPJPJPJMPMPMPMPMPMPMPMPMPMPRYRYRYBIBIBISGSGSGSGSGMLMLMLRYRYRYINININBIBIBIGLGLGLSGSGSGMLMLMLINININBIBIBIPAPAPARYRYRYINININMLMLMLCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGLCLCLCLCLCWAWAWAWAWAIHIHIHIHIHIHIHRYRYRYBIBIBISGSGSGCYCYCYCYCYWARIRIRIRIRIRIRIRIRYRYRYRYJAJAJAJAJAGMGMGMGMGMSGSGSGSGSGINININININBIBIBIBIBIJAJAJAJAJAGMGMGMGMGMGLGLGLGLGLGLRYRYRYMLMLMLINININGLGLGLPAPAPABIBIBIGLGLGLPAPAPAGMGMGMRYRYRYBIBIBIPAPAPABIBIBIPAPAPAPAPABIBIBIPAPAPAPAPAGMGMGMBIBIBIPAPAPAPAPARYRYRYBIBIBISGSGSGINININMLMLMLGLGLGLLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCGMGMGMPAPAPABIBIBISGSGSGRYRYRYINININBIBIBIPJPJPJPJPJPJPJMPMPMPMPMPIHIHIHIHIHIHIHIHIHPJPJPJMLMLMLRIRIRISGSGSGRYRYRYINININBIBIBIJAJAJAGMGMGLGLGLCYCYCYCYCYRYRYRYJAJAJABIBIBIPAPAPARIRIRIRIRIRIRIRILCLCLCLCLCCGCGCGCGRYRYRYINININGLGLGLPAPAPASGSGSGRYRYRYINININRYRYRYSGSGSGMLMLMLBIBIBIPAPAPARYRYRYINININMLMLMLSGSGSGBJBJBJINININGLGLGLGLRYRYRYINININGMGMGMBJBJBJJAJAJAMLMLMLRYRYRYINININGMGMGMMLMLMLRYRYRYSGSGSGBIBIBIBIBIBIGMGMGMJAJAJASGSGSGMLMLMLLCLCLCCYCYCYCYCYCYCYCYCYCYCYCYCYBIBIBIRYRYRYININININININBIBIBIRYRYRYMLMLMLINININBIBIBIRYRYRYMLMLMLGMRYRYRYGMGMBIBIBISGSGSGGLGLGLRYRYRYINININBIBIBIGMGMGMJAJAJABJBJBJGLGLGLRYRYRYINININGMGMGMSGSGSGMLMLMLBIBIBIBIBIMLMLMLPAPAPAINININSGSGSGPAPAPABIBIBIGMGMGMRYRYRYMLMLMLGLGLGLGLGLPAPAPAIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHIHINININSGSGSGRYRYRYGMGMGMMLMLMLMLMLRYRYRYRYRYSGSGSGMLMLMLMLMLRYRYRYRYRYSGSGSGBIBIBIBIBIGLGLGLGLGLGMGMGMININININININMLMLMLRYRYRYML3 BR3 BR3 BR3 BR2 BR4 BR2 BRDD S.A. P R I T C H E T T SUR V E Y ABST R A C T N O . 10 2 1 DD3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR1 BR2 BR D DDD3 BR 3 BR 2 BR 2 BR2 BR2 BR 2 BR 3 BR 2 BR3 BR 3 BR3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR 3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR TT T T TTT TDOG PARK E N T RY PREMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L NA M E Single Trunk , D a r k Green, Ful l C a n op y , Matched, B & B LARGE S H A DE T R E E3" Cal. 6' Ht. Mi n . PLAN T L IS T Full, Health y , B r ig h t GreenPlant as S h o w n MINIMUM 3 ' T AL L L OWWATER USAGE S H RU BDROUGHT TOLE R A NTPARKING LOT I S L A NDPLANTING, NO T U R F G R A SS Full, Health y , G re y GreenPlant as S h o w n Dense, Hea l t h y , Bright Gre e n .Cynodon dacty l o nBermuda Gras s ' T i f f 4 1 9 'Solid Sod as L a b e l ed+/-186,016SF STREE T Y A R D I-35 FR O N T A G E STREET YARDI-35 FRONTAGE Quercus v i r g i n ia n a Live Oak4" Cal. 12 ' H t . Mi n . Ilex cornut a Burford H o l l y 3 Gal. REMAR K S COMMON N A M E SIZE SYMBOL QTY.Fraxinus t e x e n s is Texas Ash4" Cal. 12' H t . M in . BOTANICAL N AM E Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Quercus s h u m ar d i i Shumard O a k 4" Cal. 12 ' H t . Mi n . Full, Healthy , D a r k Green, Plan t a s sh o w n Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Compl e te L a nd sc ap eAbelia x grandiflora 'EdwardGoucher' Glossy Abelia 3 OR 5 G a l . Full, Healthy , B r i g ht Green,Plant as show n Mahonia s w a s e yi Texas ba r b e r r y 3 OR 5 Ga l . Full, Healthy , B r i g ht GreenPlant as Sho w n Full, Healthy , B r i g ht GreenPlant as Sho w n LantanaNew Gold L a n t an a 3 Gal. Full, Healthy , D a r k GreenPlant as Sho w n Loropetalu m c h in e n s e Burgandy B l a s t 3 Gal. Full, Healthy , D a r k Green, Plant a s shown Ternstroe m i a gy m n a t he r a Cleyera3 Gal. Full, Healthy , D a r k Green, Plant a s shown Full, Healthy , B r i g ht GreenPlant as Sho w n Jasminum h u m i l e Italian Jas m i n e 3 OR 5 Ga l . 28Aucuba ja p o n i c a Japanese A u c u ba 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Salvia reg l a Mountain S a g e 3 Gal. Full, Healthy , G r e y GreenPlant as Sho w n Hesperalo e p a r v if l o r a Red Yucca3 gal. Full, Healthy , D a r k Green, Plant a s shown TREES - SHA D E SHRUBS AND G R AS S E S REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM E Elaeagnus c o mm u t a t a Elaeagnus3 OR 5 G a l . 4230 50126149153739710010488116313Cercis can a d e n si s ' T e xe n s i s ' Texas Red B u d 4" Cal. 8'Ilex vomit o r i a Yaupon H o l l y 4" Cal. 6' Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B Multi-trunk, 3 - 5 Ca n e s , Dark Green, F u l l Ca n o p y , Matched, B& B 1923 Single Trunk, D a r k Green, Full C a n o p y , Matched, B& B Quercus m a c r o c ar p a Bur Oak4" Cal. 8'-10 ' H t . (M i n . ) 36 Full, Healthy , D a r k GreenPlant as Sho w n Muhlenber g i a l i nd h e i m e ri Big Muhly G r a ss 3 Gal. Full, Healthy , D a r k Green,Plant as sho w n Berberis t h u n b er g i i Purpleleaf J a p a ne s e B ar b e r r y 3 Gal. Full, Healthy, B r i g ht Green, Plant a s s ho w n Iris germa n i c a Bearded Ir i s 3 Gal. Full, Healthy, B r i g ht GreenPlant as Sho w n Muhlenber g i a c ap i l l a r i s Gulf Muhly3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Liriope mus c a r i 'G i g a n t ea ' Giant Lirop e 3 Gal. Full, Healthy, B r i g ht Green, Plant a s shown Full, Healthy , D a r k Green,Plant as sho w n Ilex cornut a ' N e l li e R St e v e n s ' Nellie R St e v e n s H o l l y 3 Gal.Salvia gregg i i Autumn Sa g e 3 Gal. Full, Healthy , B r i g ht Green, Plant a s shownFull, Healthy , G r e y GreenPlant as Sho w n Raphiolep i s i n d ic a Indian Haw t h o r ne 3 Gal.Pennisetum a l o p e c ur o i d e s 'H a m e l n ' Dwarf fount a i n Gr a s s 1 gal. 26943111253296151215173201 SHRUBS AND G R AS S E S C O N T .REMARKS COMMON N A M E SIZE SYMBOL QTY. BOTANICAL N AM EIF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "C"JMBLANDSCAPE PLANPARTIAL "C"A2.40CSITE LEGENDA2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021877 3 BR3 BR3 BR3 BR2 BR4 BR2 BRPOOLCLUBLANDUSE: VACANT ZONING: PDLANDUSE: VACANT10.0R25.018.34.0 5.024.018.09.06.4BUILDING #799.826.09.018.057.9VISITOR CALL BOXAND SITE MAPVEHICLE ACCESSGATEVEHICLE ACCESSGATE6' DECORATIVEMETAL FENCE25' DRAINAGEEASMENT14.4160.981.980.177.7 14.06.05' SHAREDSIDEWALK TO R.O.W.TR 2 5 . 0 T5' SIDEWALKTO R.O.W.CROSSWALK12.2 30.0 30.0 STUB OUT FOR FUTUREDRIVE CONNECTIONS TOPROPERTY TO THE NORTHCOMMON NAMESIZESYMBOLQTY.BOTANICAL NAMELARGE SHADE TREE3" Cal. 6' Ht. Min.PLANT LISTMINIMUM 3' TALL LOWWATER USAGE SHRUBDROUGHT TOLERANTPARKING LOT ISLANDPLANTING, NO TURF GRASSCynodon dactylonBermuda Grass 'Tiff 419'Solid Sod as Labeled+/-186,016SFSTREET YARDI-35 FRONTAGECGCGCGCGCGCGCGCGCGCGCGCGCGCGCGCGINININININIHIHIHIHIHIHIHIHIHIHIHPJPJPJPJPJPJPJPJMPMPMPMPMPMPMPMPMPMPRYRYRYBIBIBISGSGSGSGSGMLMLMLRYRYRYINININBIBIBIGLGLSGSGSGMLMLMLINININBIBIBIPAPAPARYRYRYINININMLMLMLCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGLCLCLCLCLCWAWAWAWAWACYCYCYCYCYCGCGCGCGCGIHIHIHIHIHIHIHRYRYRYBIBIBISGSGSGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYCYCYWAWAWAWAWALCLCLCLCLCCGCGCGCGCGCYCYCYRYRYRYSGSGSGRYRYRYBIBIBIBIBIBISGSGSGLCLCLCLC LCRYRYRYINININRIRIRIRIRIRIRIRIJAJAJARYRYRYGMGMGMBIBIBIINININBJBJBJRYRYRYJAJAJAGMGMGMSGSGSGGLGLGLGLGLLCLCLCRYRYRYSGSGSGGLGLGLSGSGSGINININININRYRYRYRYRYJAJAJAJAJAGMGMGMGMGMSGSGSGSGSGINININININBIBIBIBIBIJAJAJAJAJAGMGMGMGMGMGLGLGLGLGLGLINININININSGSGSGSGSGBJBJBJBJBJMLMLMLMLMLJAJAJAJAJABJBJBJBIBIBISGSGSGPAPAPASGSGSGININININININPAPAPAGLGLGLLCLCLCLCLCRYRYRYBIBIBISGSGSGGLGLGLPJPJPJPJPJPJPJMPMPMPMPMPIHIHIHIHIHIHIHIHIHPJPJPJMLMLMLRIRIRISGSGSGRYRYRYINININBIBIBIJAJAJAGMGMGMSGSGSGGLGLGLGLGLRIRIRIRIRILCLCLCRYRYRYSGSGSGBIBIBIGLGLGLPAPAPABJBJBJBJBJBJGMGMGMSGSGSGBIBIBIINININMLMLMLRYRYRYGMGMGMIHIHIHIHIHIHRIRIRIRIRIRIRISGSGSGPAPAPARIRIRIRIRYRYRYJAJAJAGMGMGMBJBJBJPAPAPABIBIBISGSGSGGLGLGLPAPAPACYCYCYCYCYRYRYRYJAJAJABIBIBIPAPAPARIRIRIRIRIRIRIRILCLCLCLCLCCGCGCGCGCGCGCGRYRYRYINININGLGLGLPAPAPASGSGSGBIBIBIPAPAPAINININGMGMGMGMGMRYRYRYMLMLMLBIBIBIINININPAPAPAGMGMGMSGSGSGBIBIBIRYRYRYMLINININMLMLMLBIBIBIGLGLGLBJBJBJBJBJGMGMGMRYRYRYSGSGSGINININMLMLMLBJBJBJGMGMGMGLGLGLRYRYRYINININSGSGSGBIBIBIGLGLGLGLGLJAJAJAMLMLMLPAPAPARYRYRYINININRYRYRYSGSGSGMLMLMLBIBIBIPAPAPAINININRYRYRYSGSGSGMLMLMLBIBIBIPAPAPASGSGSGBIBIBIBJBJBJGLGLGLGLGLGLGLGLRYRYRYJAJAJAINININSGSGSGRYRYRYINININGMGMGMSGSGSGMLMLMLBIBIBIBIBIMLMLMLINININSGSGSGBIBIBIGMGMGMRYRYRYMLMLMLGLGLGLGLGLPAPAPAMLMLGLGLGLPAPAPAPAPAMLMLMLMLMLBIBIBIPAPAPASGSGSGRYRYRYGMGMGM3 BR3 BR3 BR3 BR2 BR4 BR2 BRDD S.A. P R I T C H E T T SUR V E Y ABS T R A C T N O . 1021 DD3 BR3 BR3 BR3 BR2 BR2 BR4 BR2 BR 2 BR 4 BR1 BR1 BR1 BR1 BR1 BR1 BR1 BR2 BR 1 BR2 BRD DDD3 BR 3 BR 2 BR 2 BR 2 BR2 BR2 BR 3 BR 2 BR3 BR 3 BR3 BR3 BR2 BR2 BR2 BR2 BR2 BR3 BR2 BR3 BR3 BR3 BR 3 BR2 BR 2 BR 2 BR2 BR 2 BR 3 BR2 BR3 BR 3 BR 3 BR 3 BR 2 BR 2 BR 2 BR 3 BR 3 BR 4 BR 4 BR TT T T T TT TDOG PAR K E N TR Y PREMARKS COMMON N AM E SIZE SYMBO L QTY. BOTANIC A L NA M E Single Trun k , D a rk Green, Fu l l C a no p y , Matched, B & BLARGE SHADE T R EE3" Cal. 6' Ht. M i n . PLAN T L IS T Full, Healt h y , B r ig h t GreenPlant as S h o w nMINIMUM 3' TA L L L OWWATER USAG E S HR U BDROUGHT TOL E R A NTPARKING LOT I S L AN DPLANTING, NO T U R F G R AS S Full, Healt h y , G re y GreenPlant as S h o w n Dense, He a l t h y , Bright Gr e e n . Cynodon dact y l o n Bermuda Gra s s ' T i ff 4 1 9 ' Solid Sod as L a b e l ed+/-186,016SF STREE T Y A R D I-35 FR O N T A G E STREET YARDI-35 FRONTAGE Quercus virginia n a Live Oak4" Cal. 12' Ht. M i n . Ilex cornu t a Burford H o l l y 3 Gal.REMARKS COMMON N A ME SIZE SYMBOL QTY.Fraxinus t e x e ns i s Texas As h 4" Cal. 12 ' H t . Mi n . BOTANICA L N AM E Single Trunk , D a r k Green, Full C a n o py , Matched, B & BQuercus shuma r d i iShumard Oak4" Cal. 12' Ht. M i n . Full, Health y , D a rk Green, Pla n t a s s h o w n Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Single Trunk , D a r k Green, Full C a n o py , Matched, B & B Comp l et e L an d sc ap eAbelia x grandiflora 'EdwardGoucher' Glossy Abelia3 OR 5 Gal. Full, Healthy , B r i gh t Green,Plant as sho w n Mahonia s w a s ey i Texas ba r b e r ry 3 OR 5 G a l . Full, Healthy , B r i gh t GreenPlant as Sho w n Full, Healthy , B r i gh t GreenPlant as Sh o w n LantanaNew Gold L a n ta n a 3 Gal. Full, Healthy , D a r k GreenPlant as Sh o w n Loropeta l u m c hi n e n s e Burgandy B l a s t 3 Gal. Full, Healthy , D a r k Green, Plan t a s shown Ternstro e m i a gy m n a th e r a Cleyera3 Gal. Full, Healthy , D a r k Green, Plan t a s shown Full, Healthy , B r i gh t GreenPlant as Sh o w n Jasminum h u m i le Italian Ja s m i n e 3 OR 5 G a l . 28Aucuba ja p o n i ca Japanese A u c ub a 3 Gal. Full, Healthy , B r i g ht GreenPlant as Sho w n Salvia reg l a Mountain S a g e 3 Gal. Full, Healthy , G r ey GreenPlant as Sh o w n Hesperalo e p a rv i f l o r a Red Yucc a 3 gal. Full, Healthy , D a r k Green, Plan t a s shown TREES - SHA D E SHRUBS AN D G RA S S ES REMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L N AM EElaeagnus comm u t a taElaeagnus3 OR 5 Gal. 423050126149153739710010488116313Cercis ca n a d e ns i s ' T ex e n s i s ' Texas Re d B u d 4" Cal. 8'Ilex vomi t o r i aYaupon Holly4" Cal. 6' Multi-trunk, 3 - 5 Ca n e s , Dark Green , F u l l Ca n o p y , Matched, B & B Multi-trunk, 3 - 5 Ca n e s , Dark Green , F u l l Ca n o p y , Matched, B & B 1923 Single Trunk , D a r k Green, Full C a n o p y, Matched, B & B Quercus m a c r o ca r p a Bur Oak4" Cal. 8'- 1 0 ' H t . ( M i n . ) 36 Full, Healthy , D a r k GreenPlant as Sho w n Muhlenbe r g i a l i nd h e i m er i Big Muhly G r a ss 3 Gal. Full, Healthy , D a r k Green,Plant as sh o w n Berberis t h u n be r g i i Purplelea f J a p an e s e Ba r b e r ry 3 Gal. Full, Healthy , B r i g ht Green, Plant a s sh o w n Iris germa n i c a Bearded I r i s 3 Gal. Full, Healthy , B r i g ht GreenPlant as Sho w n Muhlenbe r g i a ca p i l l a r i s Gulf Muh l y 3 Gal. Full, Healthy , B r i g ht Green, Plant a s shown Liriope mu s c a r i 'G i g a n te a ' Giant Liro p e 3 Gal. Full, Healthy , B r i g ht Green, Plant a s shown Full, Healthy , D a r k Green,Plant as sh o w n Ilex cornu t a ' N e ll i e R St e v e n s' Nellie R S t e v e ns H o l l y 3 Gal.Salvia greg g i i Autumn Sa g e 3 Gal. Full, Healthy , B r i gh t Green, Plan t a s shownFull, Healthy , G r ey GreenPlant as Sh o w nRaphiolepis indic a Indian Ha w t h o rn e3 Gal.Pennisetum a l o p e cu r o i d e s ' H a m e l n ' Dwarf foun t a i n Gr a s s 1 gal. 26943111253296151215173201 SHRUBS AN D G RA S S ES C O N T.REMARKS COMMON N A ME SIZE SYMBOL QTY. BOTANICA L N AM EIF THIS BAR SCALE DOES NOTMEASURE 2", THEN THEDRAWING IS NOT TO SCALE.LANDSCAPE PLANSCALE: 1:2010'20'040'PARTIAL "D"JMBLANDSCAPE PLANPARTIAL "D"A2.40DSITE LEGENDA2.40AA2.40BA2.40CA2.40DNORTHISSUED FOR PERMITISSUED FOR CONST.SHEETDATEDWG. NAMEBBLISSUED FOR BIDREVISIONSDESCRIPTIONPROGRESS PRINTFOR INTERIM REVIEW ONLY. NOTINTENDED FOR BIDDING, PERMIT, ORCONSTRUCTION.REGISTRANTS NAME: JOHN KELLYREGISTRATION NUMBER: 9383Copyright: © 2021 by Kelly Grossman Architects LLC. All rights reserved. The arrangements depicted herein are the sole propertyof KGA LLC and may not be reproduced in any form without written permission. A R C H I T E C T S , L L C KELLY GROSSMAN 5900 SOUTHWEST PARKWAY BUILDING FOUR SUITE 420 AUSTIN, TEXAS 78735 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION LDG1469 SOUTH FOURTHSTREET, LOUISVILLE, KY(P)502-609-494010/26/202110/26/2021878 MATERIAL PATTERN LEGEND STUCCO (COLOR 1) LAP SIDING 1 (8" EXP) LAP SIDING 2 (6" EXP) STONE B&B SIDING 01 02 03 04 05 STANDING SEAM ROOF06 ADDRESS NUMBERS AT LEAST 8" HIGH MUST BE VISIBLE FROM THE STREET & UNIT NUMBERS SHALL BE AT LEAST 4" HIGH. 07 COLUMN 08 COMPOSITION SHINGLE Level 1 0' - 0" Level 2 10' - 8 1/2" ROOF 32' - 4 1/2" Level 3 21' - 4 1/4" STAI R STAI R 2" 12" SCUPPER/D. S. & OVERFLOW 4" 12" 4" 12" Level 1 0' - 0" Level 2 10' - 8 1/2" ROOF 32' - 4 1/2" Level 3 21' - 4 1/4" STAIR STAIR SCUPPER/D.S. & OVERFLOW MEAN ROOF HGT. @39'-3"4" 12" 2" 12" 4" 12" STAIR STAIRMEAN ROOF HGT. @39'-2 1/2"SCUPPER/D.S. & OVERFLOW 4" 12" 4" 12" 4" 12"MEAN ROOF HGT. @ 38'-4 3/4"A.F.F.COVERED PORCHES COVERED PORCHESCOVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES COVERED PORCHES MINIMUM 2 GLA=INGWELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER WELL LIT %UILDING ENTR< WITH AWNING AND %UILDING NUM%ER MINIMUM 2 GLA=ING MINIMUM 2 GLA=ING PROMINENT ARCHITECTURAL FEATURE OVER ENTRIES WITH CONTRASTING COLOR TOP %OD< %ASE TOP %OD< %ASE TOP %OD< %ASE PROMINENT ARCHITECTURAL FEATURE OVER ENTRIES WITH CONTRASTING COLOR PROMINENT ARCHITECTURAL FEATURE OVER ENTRIES WITH CONTRASTING COLOR A R C H I T E C T S , L L C KELLY GROSSMAN 260 ADDIE ROY ROAD SUITE 210 AUSTIN, TEXAS 78746 ph: +1.512/327.3397 ARCHITECTURE LAND PLANNING LANDSCAPE DESIGN CONSTRUCTION ADMINISTRATION DENTON, TX - LDG VINTAGE BOULEVARD CONCEPT BUILDING ELEVATIONS PROJECT # PD21-0004 1/8" = 1'-0" 2 TYPE COR-I AND COR-5 CONCEPT FRONT ELEVATION 1/8" = 1'-0"1 TYPE COR-3 AND COR-2 CONCEPT FRONT ELEVATION 1/8" = 1'-0" 3 TYPE COR-4 CONCEPT FRONT ELEVATION 879 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-198,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Federal Emergency Management Agency (FEMA) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant in the amount of $3,731,676 to fund the salaries and benefits of 12 fulltime employees to staff Fire Station No. 9; and providing for an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™880 City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com City of Denton AGENDA INFORMATION SHEET DEPARTMENT: Finance ACM: David Gaines, Assistant City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton authorizing the submission of an application to the Federal Emergency Management Agency (FEMA) 2021 Staffing for Adequate Fire and Emergency Response (SAFER) grant in the amount of $3,731,676 to fund the salaries and benefits of 12 fulltime employees to staff Fire Station No. 9; and providing an effective date. BACKGROUND The Fire Department is seeking a $3,731,676 grant through FEMA’s SAFER grant program to fully fund 12 fulltime staff positions for Fire Station No. 9 over a three-year period. The new fire station will be located at the Denton Enterprise Airport and serve the northwest portion of the City. On January 11, 2022, City Council authorized the execution of a professional services contract with Parkhill, Smith & Cooper, Inc. for the design of Fire Station No. 9. Construction is projected to be completed in the Fall of 2023. The station will have a minimum staffing of three firefighter positions to operate a fire apparatus and cross train to operate an Aircraft Rescue Fire Fighting (ARFF) unit. A total of 12 positions is being requested in the grant proposal, providing for a fourth staffing position. The fourth position will support minimum staffing by accounting for vacancies due to vacation and sick leave, as well as other leaves that occur. Award announcements for the SAFER grant are expected in late summer to early fall of 2022. The performance period begins in 2023 for a term of three years. Hiring for the station aligns with the grant period and will allow the City to staff the station at 100 percent for the first three years of operation. The grant also allows for the long-term financial planning to include staffing positions in the budget in year four and outgoing years. Grant applications are due on February 4, 2022. A proposed grant application requesting the addition of new positions and applications requesting $100,000 or more require approval from the governing body authorizing the application submittal as well as receipt of funding if awarded. RECOMMENDATION Staff recommends approval of the resolution. FISCAL INFORMATION The grant fully funds positions for a term of three years. Funding for the positions will be included in the Fire Department’s operating budget in the fourth and outgoing years. 881 EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution Exhibit 3 Grant Proposal Respectfully submitted: Laura Behrens, Grant Administrator Grants Management Office 882 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 2021 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) GRANT IN THE AMOUNT OF $3,731,676 TO FUND THE SALARIES AND BENEFITS OF 12 FULLTIME EMPLOYEES TO STAFF FIRE STATION NO. 9; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the FEMA’s SAFER grant assists local fire departments with staffing and deployment capabilities to respond to emergencies and assure that communities have adequate protection from fire and fire-related hazards; and WHEREAS, the SAFER grant is one of three federally funded grant programs that constitute the Department of Homeland Security, FEMA’s focus on enhancing the safety of the public and firefighters with respect to fire and fire-related hazards; WHEREAS, the SAFER grant program reimburses costs for staffing at one hundred percent for a period of 36 months; and WHEREAS, the City of Denton is eligible to apply for the funds under the application criteria; and WHEREAS, the City has developed the necessary application materials and desires to make an application to the FEMA SAFER Grant; and WHEREAS, grant applications are due on February 4, 2022 and meets the grant policy requirement of approval by the governing body authorizing the application prior to submittal; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The application for the 2021 SAFER grant is hereby authorized. SECTION 2. The City Manager, or designee, is designated, delegated, and authorized to request grant funding under the FEMA SAFER Grant Program, including the submission of an application, and act on behalf of the City of Denton in all matters related to the grant application, receipt of funds, and any subsequent grant contracts and grant projects that may result. SECTION 3. Should the project be funded, then the City of Denton shall comply with the requirements of the DHS, FEMA, and the State of Texas. SECTION 4. The City of Denton shall certify that funding for this program is readily available upon completion of the grant agreement. SECTION 5. The project funds and any project-funded equipment and facilities will be used solely for the purposes for which they are intended under the grant. SECTION 6. This resolution is effective immediately upon its passage. 883 The motion to approve this resolution was made by __________________________ and seconded by _____________________________, the resolution was passed and approved by the following vote [____-____]: Aye Nay Abstain Absent Mayor 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 _______________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: _________________________________ 884 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Proposal Located only 35 miles from Dallas, TX, the Denton Fire Department (DFD), Denton, TX is a career department providing emergency services to a first due district of 139,869 residents living in 114 square miles. The department consists of 141 firefighters, 27 officers and six battalion chiefs. Operating from eight fire stations, utilizing seven engines, eight ambulances, one ladder truck, one quint, four brush trucks, two rescues, one ARFF vehicle and 14 support vehicles, the DFD provides structural & wildland fire suppression, airport firefighting, hazardous materials response to the technician level, rescue services to the technician level and Emergency Medical Service (EMS) response to the Advanced Life Support (ALS) level. In addition to the normal fire suppression and EMS duties, the department operates four specialized regional response teams consisting of hazmat, Explosive Ordnance Disposal (EOD), technical rescue and swiftwater rescue. Due to these specialized teams and the department’s ability to respond quickly, the DFD responds regularly with the seven smaller combination and volunteer departments that surround the City of Denton. During 2021, DFD firefighters responded to 20,355 incidents that included 118 structure fires, 68 vehicle fires, 72 wildland fires and 11,057 medical aids. In addition to the above response totals the department provided mutual aid 98 times and automatic aid 10 times of which seven were for working structure fires. The department has mutual or automatic aid agreements with seven surrounding departments protecting an additional 60,000 people living in 350 square miles. The hazmat and EOD squads respond to a much larger geographical area which stretches north and west of Denton to the Oklahoma state line covering approximately 1,500 square miles. The swift water team is also responsible for a larger response area deploying throughout the State. Additionally, several members are on Texas Task Force One that can be deployed locally or throughout the Country. Critical Infrastructure The City of Denton’s business sector is composed of hospitals with associated doctors’ offices, commercial, light and heavy industrial plants, manufacturing, retail, motels/hotels, and office buildings. Additionally, the DFD protects critical infrastructure including major roadways I35 and US380, a power plant, two water distribution plants and lakes, an airport, FEMA region VI headquarters, numerous gas, oil, and aviation fuel distribution lines, and a chemical recycling facility. New development is straining the department’s resources and includes several new housing developments and a new gas fired power plant. One significant project that is expected to impact the department is a proposed 6000+ acre mixed use development which includes approximately 12,000 additional rooftops and several 100,000 square foot warehousing and offices. Describe your financial need to include descriptions of the following: DFD has an appropriated operating budget of $34,901,872 in Fiscal Year 2021-2022. The budget is divided into 3 categories to include fire administration ($3,565,097), fire prevention ($2,004,201) and fire operations ($29,332,574). Personnel costs of $30,237,686 account for 87% of the operating budget. The remaining $4,664,186 is used to fund the day-to-day operating expenses that includes the following: Operations: $2,002,813 Transfers: $1,187,656 Materials & Supplies: $820,850 Insurance: $376,374 Maintenance & Repairs: $148,163 Miscellaneous: $128,330 885 This covers facility costs for eight stations, fuel and maintenance for three dozen fleet vehicles, professional contracts for regulated activities such a Medical Director and EMS billing, equipment and supply contracts, and mandated training. The annual department budget does not have the capacity to absorb the addition of 12 new positions at an approximate cost of $1,243,892 per year. Like so many organizations, The City’s budget has been significantly impacted by the unprecedented nature of the COVID19 pandemic and the resulting economic conditions. Over the last two budget cycles, the development of the City’s budget has assumed reduced costs and limited revenue enhancements. Despite the pandemic and resulting economic environment, calls for service continue to rise, and service level expectations remain high. Denton is the 14th fastest growing City in the U.S. according to an analysis of census date from 2010 to 2020 performed by the Consumer Affairs Research Team. This level of growth comes with benefits and challenges. While growth is usually a positive economic indicator, there are several factors that contribute to a community’s economic health. Recent census data shows the median household income of Denton residents is $60,018, approximately 12% below the national average. Of Denton’s property tax mix, 10% of the total assessed value qualifies for exemptions. This includes several government buildings, two four-year universities, a junior college, two major hospital campuses, and multiple non-profits operating in Denton as it is the county seat. Additionally, Denton has an Over 65/Disabled resident tax limitation that places a freeze on city taxes for that population. This represents $1.8 billion in property valuation, a 12.4% increase from the prior year. Since eligible homeowners pay a frozen amount, the loss of taxable value represents a loss of approximately $1.2 million in revenue to the City. These factors have contributed to growth outpacing the ability to add matching resources resulting in daily operational needs competing with complex capital needs such as roadways, utility infrastructure, and brick and mortar projects. Compounding financial challenges, the State of Texas experienced a severe winter storm during February of 2021 that paralyzed the State with major losses of power and water to residents. The City of Denton was no exception to this. The Denton Municipal Electric is owned by the residents and supplies the City with its’ electrical needs. Due to the spike in electricity supply costs during this one-week storm, the City of Denton had to make a $140 million unfunded payment to the Electric Reliability Council of Texas (ERCOT) resulting in an on-going impact to future financial forecasting. Through comprehensive strategic planning that includes on-going pandemic impacts and growth factors, the City is beginning to move forward with committed capital projects while balancing operational needs to maintain existing service delivery and respond to growth. On the capital side, the City is planning to fund nearly $13 million to construct infrastructure and purchase apparatus to service District 9 that will include the following. New fire station $10.8 million New engine $1 million New ARFF vehicle (purchased 2020) $1 million For operational needs, requests for additional funding are reviewed on an annual basis during the City’s budget process. If funding is unavailable, the City explores external funding opportunities to finance funding gaps. To achieve strategic planning goals, grant funds such as the Staffing for Adequate Fire and Emergency Response (SAFER) program have helped DFD meet immediate growth demands and allow the City to commit future funding in long-term financial planning. The SAFER grant is essential in funding the hiring of the proposed 12 firefighters to staff Station 9. 886 This fiscal year, are you receiving Federal funding from any other grant program for the same purpose which you are applying for this grant? If, yes please explain the other funding sources. Yes The DFD was awarded a 2020 SAFER Grant to fund three firefighter positions to staff Engine 8 with four firefighters. Is the department facing a new risk, expanding service to a new area, or experiencing an increased call volume? If yes, please explain. Yes The West and NW portion of Denton, known as District 9, has been growing rapidly with the construction of new residential and commercial properties. The department and the City are planning to construct and staff a new fire station (Station 9) to reduce response times to that area. Please provide details on the department's existing staffing model to include the number of shifts, number of positions per shift, chief level officer staffing per shift (i.e., Battalion Chief, District Chief, etc.), and contracted shift hours per week/pay period. If the contracted shift hours included FLSA overtime or Kelly Days, please be sure to include details. The department provides services 24/7/365 utilizing three shifts with 58 members per shift that consist of two battalion chiefs, nine captains, 17 drivers and 30 firefighters staffing eight fire stations. This allows the department to staff two command vehicles, eight medic units, seven engines, one truck/rescue and one quint. The department members work a 24 on/48 off schedule that equates to a 56 hour work week. Personnel are paid overtime for any hours worked above 53 hours in a week. The department maintains a minimum staffing level of 47 personnel. Any time the minimum drops below 47 overtime is used to fill the vacancies up to the minimum. The following is the minimum shift staffing for the eight fire stations. Station 1: Medic 1 (2) Engine 1 (3) Truck 1 (4) Battalion 1 (1) Station 2: Medic 2 (2) Engine 2 (3) Station 3: Medic 3 (2) Engine 3 (3) Battalion 2 (1) Station 4: Medic 4 (2) Engine 4 (3) Station 5: 887 Medic 5 (2) Quint 5 (4) Station 6: Medic 6 (2) Engine 6 (3) Station 7: Medic 7 (2) Engine 7 (3) Station 8: Medic 8 (2) Engine 8 (3) Please provide a brief description on how the positions will be sustained. The City is aware of the SAFER requirements and will include funding for the positions in the outgoing years following completion of the grant term. Describe the department's step-by-step hiring process (application period, written test, physical, approval) and the timeline for each step. DFD is a Civil Service 143 department and performs hiring once a year. Generally, hiring is a four-month process that begins in January of each year with the administration of the Civil Service Exam and wraps up with conditional offers of employment made in April. If additional vacancies occur, hires are made in October. The process includes the following steps: Civil Service Exam Background Check with Psychological & Polygraph Tests Physical Agility Test Oral Interviews Conditional Job Offer NFPA 1582 Physical & Drug Test New Hire Orientation Program How long after award will the department be able to start a recruit class? DFD can immediately begin the process of forming a recruit class with hires made in approximately three weeks after award. This allows firefighter candidates to give two weeks’ notice at current employments and provides one week to perform physicals and drug testing. How often are your recruit classes held? Recruit classes are scheduled on an as needed basis. The DFD is a licensed training facility by the Texas Fire Commission and has an extensive training facility. Provide details on the timeline needed to accept the grant award? The department will accept the award within the 30 day deadline following official award notification. 888 Does your department currently have a policy in place to recruit and hire veterans? If yes, please provide a brief description of the policy? Yes As a State Civil Service Department Chapter 143, the department recruits veterans by offering them five additional points on the Civil Service entrance exam. The veteran must be honorably discharged with a DD214 form to receive the points. Is your request for hiring firefighters based on a risk analysis, staffing needs analysis, or an Insurance Services Office (ISO) rating? If Yes, describe how the analysis was conducted and the outcome of the analysis or ISO rating. Yes The department’s request for 12 firefighters is based on the Standards of Cover conducted by the Emergency Services Consulting International (ESCI), part of the International Association of Fire Chiefs (IAFC). This study showed that District 9 (West & NW Section) had no fire suppression companies in the District which required the use of mutual aid and DFD engine companies responding from other districts. The response time to the district is over eight minutes. The study indicated placing fire suppression companies in the District will reduce the response time to four minutes. In addition, a recent ISO report identified that the DFD needed additional fire stations for adequate coverage and response times. Based on that study and ISO report, the City will be constructing and staffing a new fire station (Station 9) with an engine staffed at a minimum of three personnel and a cross manned ARFF vehicle. This station’s primary district will be covering the West and NW section of the Fire District to include the Denton Enterprise Airport. Staffing Need/Description 1a. Why does the department need the positions requested in this application? (2500 characters) The West & NW section (District 9) of Denton includes the Denton Enterprise Airport that operates two runways at lengths of 7,000’ and 5,000’. The airport is the ninth busiest airport in Texas with 139,146 landings and take offs per year. Surrounding the airport are 30+ commercial and industrial properties that include four refrigerated/frozen facilities encompassing two million square feet and 40+ Tier 2 facilities. The district has been rapidly growing and expanding with an additional one million square feet of warehouse space to be built and two residential developments, known as Hickory Creek and Legends Ranch, which will be constructing 3,900 residential units. The department needs the 12 firefighter positions to properly staff Station 9 with four personnel. This will provide for the 12 personnel (4 per shift) to staff the engine and cross man the ARFF 24/7/365. Minimum staffing will be three personnel. 1b. How will the positions requested in this application be used within the department (e.g., 4th on engine, open a new station, eliminate browned out stations, reduce overtime)? (2500 characters) The 12 requested firefighter positions will be used to staff a new engine and cross man the ARFF at Station 9. Minimum staffing for the engine will be three, which will help to reduce overtime costs. The minimum shift staffing of 47 personnel will increase to 50. 889 1c. What specific benefits will the requested positions provide to the department and community? (2500 characters) The addition of 12 firefighter positions will allow the department to staff an engine company at Station 9. The benefits in doing so include the following: Reduced call volumes for all apparatus. Reduced response times. Improved staffing levels for each shift. Increased minimum shift staffing levels. Improved services to the airport. Improved fire ground operations. Reduced property losses. Improved firefighter safety at incidents. Maintaining the 2 in/2 out rule. Reduced reliance on mutual aid. Improved allocation of resources for incidents. Reduction in overtime costs. Meet the requirement of NFPA 1710. 1d. Describe how funds awarded through this grant would enhance the department's ability to protect critical infrastructure within the primary response area. (2500 characters) The grant would enhance the DFD’s ability to protect critical infrastructure through improved shift staffing levels and the ability to adequately staff the new engine company. The department will be meeting the requirements of NFPA 1710 for staffing levels to handle a fire in a single family home. The addition of 12 fire personnel to staff Station 9 will allow DFD to better allocate resources by keeping the existing eight engine companies, two ladder trucks and two battalion chiefs in their districts and available for service. The department will also be able to better coordinate fire suppression, ventilation, water supply, rescue and RIT requirements during a structure fire. Specifically, Engine 9 with three firefighters (four at full staffing) will formally establish a new district responsible for protecting the Denton Enterprise Airport, commercial & industrial facilities and thousands of residential properties. The response time to District 9 will be cut in half by eliminating the current practice of first-in companies responding from other districts. Impact on Daily Operations 2a. Explain how the community and the current firefighters employed by the department are at risk without the positions requested in this application? (2500 characters) The City and firefighters are at risk without the requested positions as the department cannot adequately protect District 9 with the current staffing levels. The continued increase in call volume results in overlapping calls which cause delays in personnel arriving at incidents. Relying on mutual aid compounds delays in response time and hampers the department’s ability to handle a fire or airport related call. This type of scenario places firefighters and residents lives at risk. The long response times cause a delay in establishing a water supply, fire attack, ventilation, and search & rescue. These delays have the potential to increase the risk of fire damage, property loss, and injury to responding personnel and others involved in and incident. Losses and injuries have a lasting impact on a community’s health, safety, and economy. 890 2b. How will that risk be reduced if awarded? (1500 characters) This risk will be reduced as a staffed Station 9 will cut response times in half. A four-minute response time meets the requirements of NFPA 1710. The risk is further reduced to the firefighters and community as more firefighters on duty will allow for better allocation of department resources. More firefighters on duty will allow the department to handle fire calls efficiently and effectively without delays. Having single assigned companies to handle fire attack, establish a water supply, search and rescue, and/or ventilation reduce the chances of firefighters being injured. This is accomplished by not overextending the firefighters to do multiple jobs as is the case now. Overall, a reduced response time and having more firefighters arrive on scene reduces the risk of injury and property loss. This reduction in risk helps to preserve health and safety and prevent negative economic impacts. Cost-Benefit Describe the benefits (e.g., quantifying the anticipated savings and/or efficiencies) the department and community will realize if awarded the positions requested in this application. (3500 characters) With any type of project, costs and benefits must be weighed. For the proposed project, the benefits of hiring 12 new firefighters clearly outweigh any costs. As DFD’s firefighters are dedicated to protecting the first due district and assisting neighboring departments, service will continue without the additional manpower, but less efficiently in all aspects of operation. District 9 will remain without dedicated resources and experience long response times. Annual increases in call volume will systematically reduce the available manpower and apparatus to respond to fire related calls. As such, having fewer personnel on the fire ground increases the chances of injuries occurring or worse a line of duty death (LODD). A firefighter LODD takes an emotional and financial toll on the family and firefighters. A financial value cannot be placed on the loss of life. If the hiring of the 12 new firefighters is delayed it will result in higher costs to the department in the future as salaries and benefits, increase 3-5% per year increasing personnel costs by $111,950 to $186,584 or the nearly equivalent of paying the salary and benefits for one firefighter for 2 years. The total cost of hiring 12 new firefighters is $3,731,676 that equates to $26.68 per resident. As mutual and automatic aid departments will benefit from this project, the cost drops as their population is factored in. A small price to pay to improve fire department staffing and operations. There are a number of positive benefits associated with having additional personnel. First and foremost, the safety of DFD firefighters will be improved. The workload at a fire scene will be spread out among a larger group of firefighters reducing the chances of early fatigue that could result in injuries. Increased staffing will allow for the proper staffing of the new engine. A larger on scene compliment of firefighters will result in a more efficient and effective workforce that will reduce property losses and save lives. Improving response times will reduce property losses maintaining the City’s tax base ensuring a stable revenue source. While minimum staffing will increase from 47 to 50 with the new positions, the hire of the fourth staffing position will help to reduce overtime department wide by increasing the overall staffing level. In addition, the department can plan for the future and begin to increase the operating budget over 3 years to fund all of the salaries and benefits in the fourth year. Additional Information (optional) If you have any additional information you would like to include about the department and/or this application in general, please provide below. (2000 characters) The SAFER allows for pay increases for salaries? If you are looking at that provide the following. 891 Year 1: Salary $71,051 Benefits $30,908 Year 2: Salary $71,051 Benefits $30,908 Year 3: Salary $74,602 Benefits $32,453 Total/Person: Salary: $216,704 Benefits: $94,269 12 Person Total: Salary: $2,600,448 Benefits: $1,131,228 Total Salary & Benefits: $3,731,676 892 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-165,Version:1 Consider approval of a resolution of the City of Denton supporting Generation Housing Partners,LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Westview Heights at Denton Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™893 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting Generation Housing Partners, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Westview Heights at Denton Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 894 The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - PROJECT Figure 1 – Location map  Project Type: General, New Construction  Applicant: Generation Housing Partners, LLC  Location: 6405 N. I-35, Denton, Texas (NWC of I-35 & FM 1173, Denton, TX 76207)  City Council District: 3  Current Zoning: (MR) Mixed-Use Regional. Multi-Family use by-right  Taxable Status of the Development: The property will be paying property taxes. FM 1173 895 Proposed Tenant Population: Proposed housing will provide affordable housing to individuals and families. Figure 2– Unit Mix Proposed Total Units: 90 affordable + 36 market rate units. Proposed Unit Income Breakdown: A mixed-income development, the proposed development currently includes income bands of 30% AMI, 50% AMI, 60% AMI and market-rate. Proposed Unit Sizes: One, two, and three-bedroom units between 772 – 1,263 square feet. Projected Rents: $500-$1,390 per month Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1.Approve a Resolution of Support as presented 2.Do Not Approve the Resolution of Support 3. Postpone to a date certain to allow for further deliberation EXHIBITS 1.Agenda Information Sheet2.Application for a Resolution of Support3.Draft Resolution of Support4.Draft Fee Reduction Letter 5.Presentation 6.LLC Member List Respectfully submitted: Dani Shaw Director of Community Services 896 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support  Stating No Objection Is the property: New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2. APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #: Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you  using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%* MR Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 3 x x x x x 897 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No   If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items  including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; Letter of support and/or opposition from the school district(s) (if project will be tax exempt); Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 3 See attached list. See attached list. n/a n/a n/a Note: please advise if additional information needed for this. n/a n/a n/a 898 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using  the e‐mail addresses provided, of the meeting dates as soon as they are scheduled.  CERTIFICATION February, 202Ϯ: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 202Ϯ: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 3 Respectfully, Adrian Iglesias, President 899 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING GENERATION HOUSING PARTNERS, LLC’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE WESTVIEW HEIGHTS AT DENTON APARTMENTS TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN AN AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Generation Housing Partners, LLC ("Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located approximately at the northwest corner of I-35 & FM 1173, Denton, TX 76207 to be named the Westview Heights at Denton Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit A (the " Fee Reduction Letter"), committing to provide a development fee reduction in an amount not to exceed $ 500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 3. The City affirms its commitment to provide Applicant with fee reductions in a total amount of $500.00 in connection with the development of the Project conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. 900 SECTION 4. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. SECTION 5. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 6. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 901 Exhibit A City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Adrian Iglesias Generation Housing Partners, LLC 17440 North Dallas Parkway, Suite 120 Dallas, Texas 75287 RE: Commitment of Development Funding by Local Political Subdivision for Generation Housing Partners, LLC for the proposed new construction of the Westview Heights at Denton Apartments located approximately at the NWC of I-35 & FM 1173, Denton, TX 76207, in Denton, City of Denton, Denton County, Texas Dear Mr. Iglesias, The City affirms commitment to Generation Housing Partners, LLC (the Applicant) for the Westview Heights at Denton Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 902 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Adrian Iglesias Generation Housing Partners, LLC 17440 North Dallas Parkway, Suite 120 Dallas, Texas 75287 RE: Commitment of Development Funding by Local Political Subdivision for Generation Housing Partners, LLC for the proposed new construction of the Westview Heights at Denton Apartments located approximately at the NWC of I-35 & FM 1173, Denton, TX 76207, in Denton, City of Denton, Denton County, Texas Dear Mr. Iglesias, The City affirms commitment to Generation Housing Partners, LLC (the Applicant) for the Westview Heights at Denton Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 903 Westview Heights9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.904 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1652COMMUNITY SERVICES905 FEBRUARY 01, 2022 ‐ ID 22‐1653MAPProject Location Map6405 N. I‐35Denton, TexasCOMMUNITY SERVICES906 FEBRUARY 01, 2022 ‐ ID 22‐1654MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius MapThere are no affordable multi‐family housing projects within 2 miles of the site location.6405 N. I‐35Denton, Texas907 FEBRUARY 01, 2022 ‐ ID 22‐1655COMMUNITY SERVICES±6.3 ACRESCURRENT ZONING: oMR – (MR) Mixed‐Use Regional. Multi‐Family use permitted by‐right.TAX STATUS: oThe property will be paying property taxes.PROJECTWESTVIEW HEIGHTS908 INCOME RESTRICTIONS:earning between 30% and 60% AMI.PROJECTED UNITS/RENTS:FEBRUARY 01, 2022 ‐ ID 22‐1656COMMUNITY SERVICESPROJECTWESTVIEW HEIGHTS909 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1657COMMUNITY SERVICES910 911 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-166,Version:1 Consider approval of a resolution of the City of Denton supporting Prudentia Development,LLC’s 9%housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Torrington Fallmeadow Apartments to provide affordable rental housing;committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™912 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting Prudentia Development, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Torrington Fallmeadow Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 913 The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - PROJECT Figure 1 – Location map  Project Type: General, New Construction  Applicant: Prudentia Development, LLC  Location: The north end of Fallmeadow Street on the northwest side of Denton 914 City Council District: 2 Current Zoning: R7 - Residential 7. Specific Use Permit (SUP) required and use-specific standards apply. Taxable Status of the Development: The property will be paying property taxes. Proposed Tenant Population: Proposed housing will provide affordable housing to individuals and families. Figure 2 – Unit Mix Proposed Total Units: 170 affordable + 45 market rate units. Proposed Unit Income Breakdown: A mixed-income development. The proposed development currently includes income bands of 30% AMI, 50% AMI, 60% AMI and market-rate. Proposed Unit Sizes: One, two, and three-bedroom units between 700-1,050 square feet. Projected Rents: $457- $1,455 per month. 1Income averaging restriction election was first incorporated into the Qualified Allocation Plan (QAP) of Texas in 2019. This income restriction election allows Housing Tax Credit properties to provide apartment units restricted at a wide range of income levels, while achieving an overall average income restriction of 60%. Income averaging allows developments to serve the lower income population as well as the 70% and 80% AMI families that have previously been left out of other programs. Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1.Approve a Resolution of Support as presented 2.Do Not Approve the Resolution of Support 3.Postpone to a date certain to allow for further deliberation EXHIBITS 1.Agenda Information Sheet2.Application for a Resolution of Support 3.Draft Resolution of Support 4.Draft Fee Reduction Letter5.Presentation 6.LLC Members List 915 Respectfully submitted: Dani Shaw Director of Community Services 916 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support  Stating No Objection Is the property: New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2. APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #: Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you  using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%* MR Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 3917 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No   If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items  including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; Letter of support and/or opposition from the school district(s) (if project will be tax exempt); Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 3918 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using  the e‐mail addresses provided, of the meeting dates as soon as they are scheduled.  CERTIFICATION February, 202Ϯ: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 202Ϯ: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 3919 920 921 TORRINTGTON FALLMEADOW will be a 170+- unit class A constructed rental community located at the north end of Fallmeadow Street on the northwest side of Denton. This high quality housing will intentionally be targeting the workforce of Denton including retail, restaurant, commercial, public servants, military, childcare and the many others who work vital roles in the community who are being priced out of the housing market. AMENITIES :  Fully Appointed Clubhouse including  Clubroom with club kitchen for parties and gatherings  Fitness Center  Business Center  Children’s Playroom  Resort Style Pool  Fully Gated Community  Common Area Wi-Fi  CARES Team onsite social coordinators CONCEPT RENDERING 922 EXAMPLES OF JPI PRODUCTS 923 924 TORRINGTON FALLMEADOW Housing Tax Credit (HTC) - Request for Support List of Affordable/HTC Development Experience among our team Tax Credit Development Year Name City Region Units Tax Credits 2019 Provision at Patriot Place Hurst 3 90 $ 15,000,000 2019 Gala at Central Park Hurst 3 94 $ 4,241,230 2020 Gala at Fate Fate 3 185 $ 11,738,834 2020 Gala at Premier Plano 3 97 $ 14,063,270 2020 Gala at Waxahachie Waxahachie 3 185 $ 10,314,713 2021 Parmore Arcadia Trails Balch Springs 3 200 $ 15,726,603 2021 Parmore Fossil Creek Haltom City 3 220 $ 16,253,849 2022 Parmore Anna Anna 3 185 $ 14,714,087 2022 Parmore Jupiter Road Plano 3 100 $ 14,057,320 2022 Torrington Arcadia Trails Balch Springs 3 250 $ 27,193,715 Total 1,606 $ 143,303,621 925 TDHCA Self Score Supportive Services Torrington Fallmeadow will serve the workforce of Denton. This community will not have any age restrictions and will have income restricts that range from 30% AMI to full market rate units without any income restrictions at all allowing this community to serve all the workforce including retail and restaurant staff, childcare workers, civil servants, healthcare workers, military and others. Below is a short list of local resources all within a mile of our site. North Pointe Park .17 Mile Evers Park Elementary .22 mile Evers Park .23 Mile North Lakes Dog Park .37 Mile Denton Public Library ½ Mile Unit Size 6 Unit and Development Features 9 Sponsor Characteristics (HUB)2 Income Levels of Tenants 15 Rent Levels of Tenants 11 Tenant Services 11 Opportunity Index 7 Underserved Area C. CT with no HTC under 30 yrs (1 per Census tract)4 Special Housing Needs 3 Proximity to JOBS (2 mile) 16,500 jobs 6 LPS Funding 1Declared Disaster Area 10 Financial Feasibility 26 Cost of Development/Sq.Ft.12 Pre-Application Participation 6 Leveraging of Resources (9%)3 Extended Affordability or Historic Pres.4 Right of FIrst Refusal 1 Funding Request Amount 1 Total Full App Self Score Points 138 Not on Full App Self Score Local Government Support 17 QCP Support (8 pts support, 4 pts no HOA)8 Community Org. (Non-QCP) (Only if no HOA) State Representative Support 8 TOTAL FINAL SCORE 171 926 Dollar General .36 Mile Strickland Middle School .68 Mile Kroger Grocery Store One Mile Pharmacy (Kroger & CVS) One Mile Amenities • Fully Appointed Clubhouse including o Clubroom with club kitchen for parties and gatherings o Fitness Center o Business Center o Children’s Playroom o Common Area • Resort Style Pool • Fully Gated Community • Common Area Wi-Fi • CARES Team onsite social coordinators Quality of Design • Articulation and variation of materials in the elevations in order to create architectural interest. Not flat walls along exterior elevations • 9’ ceilings • Granite countertops & Energy efficient appliances • Upgraded cabinetry in units • Vinyl Plan (wood look) flooring instead of carpeting in the units living and dining rooms • Upgraded and high-end fixtures • Hard cost equal to our high end market rate products Denton Comprehensive Plan The Denton Plan 2030 says that “Denton’s housing stock must accommodate a young and mobile population with affordable housing options.” It also states, “nearly 58 percent of renter households and 26 percent of owner households are cost burdened.” That plan outlines a policy that states “Denton has chosen a policy of providing subsidized housing though partnerships with non-profits and with developers using low-income tax credits to finance low-moderate income, as well as establishing partnerships with landlords who accept Section 8 Vouchers, rather than concentrating dependent households in public housing developments.” The property that this development will sit on is currently zoned R7 Residential which allows multifamily with a Special Use Permit. The site is not in close proximity to single family neighborhoods which is a good thing. Instead, this property is surrounded by 30+ year old rental housing. This site is a 4.5+- acre infill site surrounded by much older rental product. While the future land use plan contemplates moderate residential housing, we intend our development to bring new investment to this infill spot in a way that will improve the area and will put pressure on the older rental communities in the area to reinvest in order to be competitive. Our development will be developed to modern class A construction 927 standards with granite countertops and modern fixtures and amenities creating a housing option that will serve the workforce at this location in Denton well. Proforma See attached Tax Status Torrington Fallmeadow will pay its full Ad Valorem Tax obligation. 928 DRAFTINCOME YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15INCOME $2,021,861 $2,062,298 $2,103,544 $2,145,615 $2,188,527 $2,416,311 $2,667,802Secondary Income 40,800$                     41,616$                     42,448$                     43,297$                     44,163$                     48,760$                     53,835$                     POTENTIAL GROSS ANNUAL INCOME $2,062,661 $2,103,914 $2,145,992 $2,188,912 $2,232,690 $2,465,071 $2,721,637Provision for Vacancy & Collection Loss($154,700) ($157,794) ($160,949) ($164,168) ($167,452) ($184,880) ($204,123)Rental Concessions $0EFFECTIVE GROSS ANNUAL INCOME $1,907,961 $1,946,120 $1,985,043 $2,024,744 $2,065,239 $2,280,190 $2,517,514EXPENSESGeneral & Administrative Expenses$64,770 $66,713 $68,714 $70,776 $72,899 $84,510 $97,970Management Fee 76,314$                     77,840$                     79,397$                     80,985$                     82,605$                     91,202$                     100,695$                  Payroll, Payroll Tax & Employee Benefits 216,410$                  222,902$                  229,589$                  236,477$                  243,571$                  282,366$                  327,340$                  Repairs & Maintenance 106,250$                  109,438$                  112,721$                  116,102$                  119,585$                  138,632$                  160,713$                  Electric & Gas Utilities 28,824$                     29,689$                     30,579$                     31,497$                     32,442$                     37,609$                     43,599$                     Water, Sewer & Trash Utilities 110,576$                  113,893$                  117,310$                  120,829$                  124,454$                  144,277$                  167,256$                  Annual Property Insurance Premiums108,800$                  112,064$                  115,426$                  118,889$                  122,455$                  141,959$                  164,570$                  Property Tax 212,270$                  218,638$                  225,197$                  231,953$                  238,912$                  276,964$                  321,077$                  Reserve for Replacements 42,500$                     43,775$                     45,088$                     46,441$                     47,834$                     55,453$                     64,285$                     Other Expenses 6,800$                       7,004$                       7,214$                       7,431$                       7,653$                       8,872$                       10,286$                     TOTAL ANNUAL EXPENSES $973,514 $1,001,956 $1,031,237 $1,061,380 $1,092,411 $1,261,845 $1,457,790NET OPERATING INCOME $934,447 $944,164 $953,806 $963,364 $972,827 $1,018,346 $1,059,724DEBT SERVICEFirst Deed of Trust Annual Loan Payment$813,647 $813,647 $813,647 $813,647 $813,647 $813,647 $813,647Second Deed of Trust Annual Loan PaymentThird Deed of Trust Annual Loan PaymentOther Annual Required PaymentOther Annual Required PaymentANNUAL NET CASH FLOW$120,800 $130,517 $140,159 $149,717 $159,180 $204,699 $246,077CUMULATIVE NET CASH FLOW$120,800$251,317$391,477$541,194$700,374$1,610,071$2,737,010Debt Coverage Ratio 1.15 1.16 1.17 1.18 1.20 1.25 1.30Other (Describe)Other (Describe)Phone:Email:Signature, Authorized Representative, Printed NameDate15 Year Rental Housing Operating Pro Forma (All Programs)The pro forma should be based on the operating income and expense information for the base year (first year of stabilized occupancy using today’s best estimates of market rents, restricted rents, rental income and expenses), and principal and interest debt service. The Department uses an annual growth rate of 2% for income and 3% for expenses. Written explanation for any deviations from these growth rates or for assumptions other than straight‐line growth made during the proforma period should be attached to this exhibit.By signing below I (we) are certifying that the above 15 Year pro forma, is consistent with the unit rental rate assumptions, total operating expenses, net operating income, and debt service coverage based on the bank's current underwriting parameters and consistent with the loan terms indicated in the term sheet and preliminarily considered feasible pending further diligence reviewThe debt service for each year maintains no less than a 1.15 debt coverage ratio. (Signature required for Tax‐Exempt Bond Applications and if using this pro forma for points under §11.9(e)(1) relating to Financial Feasibility for Competitive HTC Applications)Signature, Authorized Representative, Construction or Permanent LenderPrinted NameDate1/5/2022 5:26 PM 929 930 931 932 16' UTILITY EASEMENTSCALE:1ARCHITECTURAL SITE PLANN.T.S.1 6 ' D R A I N A G E E A S E M E N T 16' UTILITY EASEMENT8' UTILITY EASEMENT10' BUILDING SETBACKFALLMEADOW STREET PROPOSED PARKING TABULATIONS:235 SURFACE PARKING ONSITE12 OFFSITE PARALLEL SPACES247 TOTAL PARKING SPACES1.44 SPACES / UNITPROPOSED ACREAGE - 4.12 GROSS ACRES = 42.0 UNITS/ACREBUILDING I = 171 UNITS X 1 = 171TOTAL UNITS = 171 UNITSREQUIRED PARKING TABULATIONS:1BDRM/1 BATH : 94 x 1.25 = 118 SPACES2 BDRM/2 BATH : 62 x 2.0 = 124 SPACES3 BDRM/2 BATH : 15 x 3.0 = 45 SPACES10% VISITOR/GUEST : = 29 SPACES315 PARKING SPACES REQUIRED25% REDUCTION FOR AFFORDABLE = 237 SPACES REQ'D1.39 SPACES / UNIT3510UNITS @ 3RD & 4THFLOOR ONLYLEASING/CLUB5' BUILDING SETBACK5' BUILDING SETBACKBUILDING 1TYPE I(4 STORY)1010510101010104310104310104510105101010107712933 Department of Development Services / Planning Division 401 N. Elm Street, Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 12/21/2021 Ryan Combs 600 E. Las Colinas Blvd., Suite 1800 Irving, TX 75038 SUBJECT: ZV21-0102, Fallmeadows Street Ryan Combs: This letter is to confirm that the zoning classification for the above subject property, commonly known as Fallmeadows Street, Denton, Texas is (R7) Residential 7. The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: PHYSICAL ADDRESS: Fallmeadows Street ZONING DISTRICT: (R7) Residential 7 ZONING ORDINANCE: DCA18-0009, May 10, 2019 PROPERTY TAX ID: R# 36919 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Christian Garcia Christian Garcia Project Manager Attachments: Location Map City Ordinance 934 935 936 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING PRUDENTIA DEVELOPMENT, LLC’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE TORRINGTON FALLMEADOW APARTMENTS TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN AN AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Prudentia Development, LLC ("Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located approximately at the east side of the north end of Fallmeadow St to be named the Torrington Fallmeadow Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit A (the " Fee Reduction Letter"), committing to provide a development fee reduction in an amount of $ 500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 4. The City affirms its commitment to provide Applicant with fee reductions in a total amount of $500.00 in connection with the development of the Project conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. 937 SECTION 5. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. SECTION 6. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 7. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 938 Exhibit A City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Ryan Combs Prudentia Development, LLC 600 E. Las Colinas Blvd., Suite 1800 Irving, TX 75038 RE: Commitment of Development Funding by Local Political Subdivision for Prudentia Development, LLC. for the proposed new construction of the Torrington Fallmeadow Apartments located at approximately Fallmeadows Street, in Denton, City of Denton, Denton County, Texas Dear Mr. Combs, The City affirms commitment to Prudentia Development, LLC (the Applicant) for the Torrington Fallmeadow Apartments development (the “Project”) to provide fee reductions in a de minimis total amount not to exceed $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 939 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Ryan Combs Prudentia Development, LLC 600 E. Las Colinas Blvd., Suite 1800 Irving, TX 75038 RE: Commitment of Development Funding by Local Political Subdivision for Prudentia Development, LLC. for the proposed new construction of the Torrington Fallmeadow Apartments located at approximately Fallmeadows Street, in Denton, City of Denton, Denton County, Texas Dear Mr. Combs, The City affirms commitment to Prudentia Development, LLC (the Applicant) for the Torrington Fallmeadow Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 940 Torrington Fallmeadow9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.941 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1662COMMUNITY SERVICES942 FEBRUARY 01, 2022 ‐ ID 22‐1663MAPProject Location MapFallmeadow St.Denton, TexasCOMMUNITY SERVICES943 FEBRUARY 01, 2022 ‐ ID 22‐1664MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius MapFallmeadow St.Denton, Texas944 FEBRUARY 01, 2022 ‐ ID 22‐1665COMMUNITY SERVICES±4.5 ACRESCURRENT ZONING: o(R7) ‐ Residential 7. Specific Use Permit (SUP) required and use‐specific standards apply.TAX STATUS: oThe property will be paying property taxes.PROJECTTORRINGTON FALLMEADOW945 INCOME RESTRICTIONS:earning between 30% and 60% AMI.PROJECTED UNITS/RENTS:FEBRUARY 01, 2022 ‐ ID 22‐1666COMMUNITY SERVICESPROJECTTORRINGTON FALLMEADOW946 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1667COMMUNITY SERVICES947 948 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-167,Version:1 Consider approval of a resolution of the City of Denton supporting TX Legacy Denton,LP’s 9%housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the The Legacy in Denton Apartments to provide affordable rental housing;committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™949 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting TX Legacy Denton, LP’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Legacy in Denton Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 950 The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). This project was previously considered by City Council. Council approved a resolution of support for the project’s 9% HTC at the February 9, 2021 meeting for City Council (ID 21-094). The project is submitting a new request for an application submission to TDHCA in the 2022 HTC Program Year. TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - The Legacy in Denton Apartments Figure 1 – Location map 951  Project Type: General, New Construction  Location: 4298 E. McKinney, Denton, Texas 76208  City Council District: 2  Developers: TX Legacy Denton, LP  Current Zoning: R7 - Residential 7. SUP Approved by P&Z (04/07/21, 7-0) Approved by City Council (05/04/21, S20-0008b)  Taxable Status of the Development: This project will be seeking a Tax-Exemption. Information about tax-exempt partnerships (potential partnerships, % exemption) has not been finalized by The Legacy in Denton Apartments. Figure 3 – Unit Mix  Proposed Total Units: 120 affordable units.  Proposed Unit Income Breakdown: The proposed development currently includes income bands of 30% AMI, 50% AMI, and 60% AMI.  Proposed Unit Sizes: One, two, and three-bedroom units between 730-1,148 square feet.  Projected Rents: $446- $1,302 per month. Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1. Approve a Resolution of Support as presented 2. Do Not Approve the Resolution of Support 3. Postpone to a date certain to allow for further deliberation EXHIBITS 1. Agenda Information Sheet 2. Application for a Resolution of Support 3. Draft Resolution of Support 4. Draft Fee Reduction Letter 5. Presentation Respectfully submitted: Dani Shaw 952 Director of Community Services 953 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support  Stating No Objection Is the property: New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2. APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #: Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you  using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%* MR Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 3954 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; - NONE Letter of support and/or opposition from the school district(s) (if project will be tax exempt); - FORTHCOMING Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) - FORTHCOMING Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 3955 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using  the e‐mail addresses provided, of the meeting dates as soon as they are scheduled.  CERTIFICATION February, 202Ϯ: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 202Ϯ: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 3956 Competitive Housing Tax Credit Selection Self‐Score‐10 TAC§11.9 Criteria Promoting Development of High Quality Housing Point Item Description QAP Reference Potential 4298 E  McKinney Unit Sizes §11.9(b)(1)(A) 6 6 Unit, Development Construction & Energy & Water Efficiencies-see §11.101(b)(6)(B)§11.9(b)(1)(B) 9 9 Sponsor Characteristics HUB or Nonprofit §11.9(b)(2) 2 2 High Quality Housing Total Criteria to Serve and Support Texans Most In Need Point Item Description QAP Reference Income Levels of Tenants §11.9(c)(1) 15 15 Rent Levels of Tenants §11.9(c)(2) 13 11 Resident Services §11.101(b)(7)§11.9(c)(3) 11 11 Opportunity Index Nearby amenities §11.9(c)(4)7 7 Underserved Area Census tract test, Economically distressed §11.9(c)(5)5 4 Tenant Populations with Special Needs Disability, homeless, veterans, 2% continuum care §11.9(c)(6)3 3 Proximity to the Job Areas 4 mile §11.9(c)(7)6 6 Readiness to Proceed in Disaster Impacted Counties November 30th FEMA identified §11.9(c)(8) Serve and Support Texans Most in Need Total Criteria Promoting Community Support and Engagement Point Item Description QAP Reference Local Government Support §11.9(d)(1) 17 17 Commitment of Development Funding by Local Political Subdivision §11.9(d)(2) 1 1 Declared Disaster Area §11.9(d)(3)10 10 Quantifiable Community Participation §11.9(d)(4) 9 4 Community Support from State Representative §11.9(d)(5) 8 8 Input from Community Organizations §11.9(d)(6) 4 4 Concerted Revitalization Plan If no points elected under Sec 11(c)(4)N/A §11.9(d)(7) 7 0 Readiness to Proceed §11.9(d)(8) Community Support and Engagement Total Criteria Promoting the Efficient Use of Limited Resources and Applicant Accountability Point Item Description QAP Reference Financial Feasibility Reviewed & signed by lender & equity §11.9(e)(1) 26 26 Cost of Development psf See below §11.9(e)(2) 12 12 Pre-application Participation If you filed a pre‐app with minimal variance §11.9(e)(3) 6 6 Leveraging of Private, State & Federal Funds HTC funding request %age §11.9(e)(4) 3 3 Extended Affordability 40 years §11.9(e)(5) 4 4 Historic Preservation §11.9(e)(6) 5 0 Right of First Refusal Yes 45 years §11.9(e)(7) 1 1 Funding Request Amount No more than 100% of HTC in subregion §11.9(e)(8) 1 1 Efficient Use of Limited Resources and Applicant Accountability Total Point Deductions §11.9(f) Total Application Self Score 191 171 This form will self-populate based on scoring selections made throughout the Application. Applicant should refer to this form to ensure that scoring selections are accurate prior to submitting the Application. Corrections must be made in the applicable section(s) of the Application. Highlighted rows indicate scoring items for both 9% HTC and Direct Loan applications. Additional scoring for Direct Loan applications can be found at 10 TAC §13.6. 957 Legacy in Denton Apartments  City of Denton Tax Credit Application Support Documents    3(e) ‐ Describe the impact the project is anticipated to have on surrounding neighborhood and involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and neighborhood associations contacted The property will provide reasonably priced housing for the working families Denton. This particular location will allow easy access for the working families, families with high school age children, typically the teachers, firefighters, police, retail establishment workers, for them to be integrated closer to the center of the communities they serve and to their daily activities. With the number of units anticipated , the city will benefit from the local revenue families generate, especially when less of their income is spent on housing. In addition, the City will benefit from the impact fees and monthly revenue generated from water, sewer and trash fees from the residents. Consistent with the City of Denton’s Affordable Housing Assessment initiative, with these more affordably priced units, the residents will be able to redistribute their monthly income into the rest of the community and give the community residents housing in an area determined in part, to be currently unaffordable. The ownership structure is such that the owners are long-term owners, who will have a vested interested in building with better, longer term products and a group that will be accountable to the surrounding community for an extended period. The neighborhood association that has been contact is the Ashli Oaks MHP, which is located approximately one-third of a mile east of the site. All other homeowners’ associations are located outside a one-mile radius of the site. The developer has contacted the Ashli Oaks MHP and it has not been able to obtain a response from its manager. A copy of those attempts is attached. In addition, the developer has contacted the neighboring property owners for input and communicated our plans in more than just a singular mailed notification, specifically Mr & Mrs. Stout, Grace Like Rain, CPS Denton 2000, Craig Irwin and Sayr Resources. The balance of the surrounding property owners have failed to respond, however, currently, the respondents have responded favorably. 3(g) ‐ Tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food security, public transit etc. if any, to be provided to or made available to residents The proposed project site, which is +/- 16.1 acres, is located in the site currently R-7, allowing multifamily development in the Denton ISD, within the city limits of Denton, Texas. The site’s location will give residents easy access to other parts of Denton and the surrounding communities, including direct access to the newly expanding Highway 380, which leads to main retail shopping at Rayzor Ranch. Located within close proximity of the project site are: • Several grocery stores (Aldi <.75 miles, Kroger 1.15 miles) • Several Pharmacies (Kroger -1.15 miles, Walgreens – 1.3 miles) • Kid Zone Learning Center (<.5 miles) • Childcare Network (<.80 miles) • LA Fitness (1 mile) • Lone Star Indoor Sports Center (.25 miles) • Texas Women’s University (<3.0 miles) • Denton Ryan High School (.10 miles) • Denton City Fire Station 2 (.85 miles) • Texas Department of Public Safety (adjacent property) • Denton County Law Library (1.87 miles) • Denton County Public Health (<.50 miles) Local Organizations servicing this property include: 958 Legacy in Denton Apartments  City of Denton Tax Credit Application Support Documents    • Apartment Life • Meal on Wheels • REACH, Inc. • Denton United Way In addition, Denton Connect Route 3 has service running past this site (.10 miles) on a daily basis every 22 minutes, on average starting at 6:01am and ending at 9:00pm. Weekends, the bus route changes to every hour, starting at 8:11am and ending at 6:11pm. The property will have income restrictions to the residents, as well as rental limitations to those prospective residents. The population of the community will be families as well as seniors; however, there will not be any age restrictions on the property. In addition, the property will utilize income averaging for its residents, which will allow a greater spectrum of qualified applicants. Certain residents are anticipated to be sourced through the local housing authority. Residents will enjoy common amenities that include a club house with a dog park, fitness center, business center with computers and internet access, a community room, swimming pool, landscaped courtyards, controlled access to the property and elevators in each building. In addition, residents will enjoy an activity room, furnished community room and wifi for the entire development. The development plans to provide high quality senior rental housing for residents in a safe, clean, beautiful environment. In addition, the development will be finished out with energy efficient appliances and features. Note that there is currently an initiative to run a path along Pecan Creek, which is located to the south of the property, and the owners are in discussions with the City to provide secured access for the residents to that trail. In addition to the services provided to the residents, the Owners will provide certain resident services to include:  Annual Health Fair  Partnership with local law enforcement  Notary Services  Onsite social events  Specific service coordination services These resident services may be adjusted to align with the resident population. 3(h) ‐ List of basic amenities and unit amenities proposed for the project ‐ See attached. 3(i) ‐ Project’s quality of design and construction Initially, the property is expected to spend in excess of what TDHCA considers to be “High Cost Development” on construction, These costs will consist of on site improvements, clubhouse, elevators, granite countertops, dog park, pool and washer and dryer in each unit. The Owner is a long-term owner of the property and must hold the property for at least fifteen years. Because of the required holding term, the quality of construction is carefully considered, so that construction upgrades are considered, so that operations can manage a better-quality asset with less maintenance. In addition, the Owner is more accountable to the community in this type of development. 3(j) ‐ Alignment with the priorities in the City’s Comprehensive Plan, Future Land Use Map, Consolidated Plan, and any other applicable master, strategic and redevelopment or neighborhood plans adopted by the City of Denton. 959 Legacy in Denton Apartments  City of Denton Tax Credit Application Support Documents    The property was previously zoned NRMU-12, which allowed multifamily development, and the 2030 Denton Development Code, enacted October 1, 2019 continued to allow multifamily and residential development at this site. The R-7 zoning code is specifically designed to encourage walking to amenities such as parks and school facilities. Situate across the street from Denton Ryan High School be in alignment with this objective. Additionally, a Specific Use Permit is required for the intended use for the property. The Owner has secured the Specific User Permit. The Future Land Use lists the area as Community Mixed-Use. In addition, the road that runs along the north side of the property (East McKinney Street) is being widened for increased capacity and improved pedestrian access and safety. The R7 district that this property is zoned also has the objective of contributing to a safe environment for pedestrians and bicyclists. There will be a continuous turn lane in the new roadway, which will allow for traffic to be directed south into the subject property as well as the two adjacent properties, without an interruption to the traffic flow. In addition, the speed limit for this roadway has been decreased from 45 mph to 35 mph. Note that the property will have access to a crosswalk approximately 600 feet the east of the property and 550 feet to the west of the property, with a sidewalk running along McKinney Road, on the north side of the property. In addition, the property will have two secured points of access to the property along McKinney Drive. Please note that The City of Denton also commissioned a study on Affordable Housing, which was conducted by Reinvestment Fund and the report issued August 5, 2020 outlines the findings of that report, which indicate affordable housing is an issue, At 50%, 80%, 100% and 120% of AMI, the area where this property is located was determined to be unaffordable. This development will solve that issue. Excerpts from the report are attached. 4(a) – Project proforma ‐ See attached. 4(b) – Annual Audit for each partner This is a single purpose entity, with an institutional partner purchasing the tax credits as the limited partner. That partner has yet to be determined. The General Partner will be a single purpose entity which has had no activity prior to this project. A copy of the developer’s financial statement, REO Schedule and resume are attached. 4(c) – Taxable status of the development. Whether it will be paying property taxes or if the development will be tax exempt. ‐ The current intent is for the development to be tax-exempt. 960 Legacy in Denton Apartments 4298 E McKinney, Denton, TX 76208 City of Denton HTC Application Section 4(d) 120 units 2021 $11.39 $4.08 $15.47 Facility Charge $8.67 $15.84 $11.00 $25.04 2020 $12.74 $4.58 $17.32 Volume Charge $0.10250 $0.00405 $0.00380 2019 $13.09 $4.80 $17.89 2018 $13.67 $5.00 $18.67 Historical per month $129.26 $54.18 $33.12 $24.51 $229.93 2017 $13.83 $5.07 $18.90 2016 $15.60 $5.71 $21.31 1,200 kWH/mo $9,200 gal/mo $5,400 gal/mo Standard Assessed Value $680,670 $244,307 Electric Water Wastewater Solid Waste Annual Annual Annual Annual Annual Palladium Denton $1,196/unit 120 units $172,174 $72,168 $44,116 $32,647 $306,267 92.5% occupancy Rates City 0.565823% 0.565823% County 0.233086% 0.233086% ISD 1.362000% 1.362000% Total Rate 2.160909% 2.160909% Total Tax Value $14,709 $5,279 $19,988 (If left vacant) $1,196/unit Avg $.20/nrsf Develop Benefit Loss Benefit Net Benefit As-Is Add'l Revenue Property Tax Rent Savings Current Utilities ISD City County Per Unit basis to Community Annual Gain Annual Increase 5% incr/yr 2% incr/yr 5% incr/yr 2% incr/yr Year 1 $20,987 $312,392 $90,437 $37,571 $15,477 $143,484 $469,250 $325,766 Year 2 $22,036 $318,640 $94,959 $39,450 $16,251 $150,659 $478,635 $327,976 Year 3 $23,138 $325,013 $99,707 $41,422 $17,063 $158,192 $488,208 $330,016 Year 4 $24,295 $331,513 $104,692 $43,493 $17,917 $166,101 $497,972 $331,871 Year 5 $25,510 $338,144 $109,927 $45,668 $18,812 $174,406 $507,931 $333,525 Year 6 $26,785 $344,906 $115,423 $47,951 $19,753 $183,126 $518,090 $334,963 Year 7 $28,125 $351,805 $121,194 $50,349 $20,741 $192,283 $528,452 $336,169 Year 8 $29,531 $358,841 $127,254 $52,866 $21,778 $201,897 $539,021 $337,124 Year 9 $31,007 $366,017 $133,617 $55,509 $22,867 $211,992 $549,801 $337,809 Year 10 $32,558 $373,338 $140,297 $58,285 $24,010 $222,591 $560,797 $338,206 Year 11 $34,186 $380,805 $147,312 $61,199 $25,210 $233,721 $572,013 $338,292 Year 12 $35,895 $388,421 $154,678 $64,259 $26,471 $245,407 $583,453 $338,046 Year 13 $37,690 $396,189 $162,412 $67,472 $27,794 $257,677 $595,122 $337,445 Year 14 $39,574 $404,113 $170,532 $70,846 $29,184 $270,561 $607,025 $336,464 Year 15 $41,553 $412,195 $179,059 $74,388 $30,643 $284,089 $619,165 $335,076 Totals $452,869 $5,402,331 $1,951,501 $810,728 $333,971 $3,096,187 $8,114,936 $5,018,750 $4,949,462 Section 4(d)(ii) - A copy of the fiscal year budget of the tax-exempt partner is not available. The partner has yet to be determined. The Resident Services currently contemplated include: X Children Supportive Services - HQ Pre-K program. 12 hours/week X Health - annual health fair X Community Supportive - Notary services X Community Supportive - 2x/month - onsite social events X Community Supportive - specific service coordination services X Additional Amenities are available to the residents. Please see attached. See comps on following page Section 4(d)(i) - The projected Property Tax revenue loss, due to an exemption, over the next 15-year period is expected to be $452,86, using a5%annualincreaseusing an equivalent assessment value, per unit basis, for the most recently built affordable development. Based on Utility Rate History obtained from the City of Denton, and assuming a 92.5% occupancy during the 15-year term, the City of Denton Utilities will achieve additional $5,402,331 in utility revenue. If the property were to remain undeveloped, the City would realize only $452,869 in property tax revenue over the 15-year term, assuming a 5% annual increase in its current value. This represents a $4,949,462 net benefit to the City. Section 4(d)(iii)- The revenues of the tax-exempt partner are intended to invest back into the property and to provide resident services to the community. Among those aredevelopment features in excess of those required by TDHCA, as well as unit features in excess of those required by TDHCA and Resident Services to the residents during the term of the investment. The property is developingrelationships and have letters of support from local and national non-profits to partner with them in achieving their mission within the community. To date, the property has obtained the support of the United Way of Denton and REACH, Inc. Please see the letters of support and their applicable mission material. Section 4(d)(i)‐(continued)- In addition, assuming a similar property tax per unit revenue as another recently developed tax credit project in Denton, the loss of tax revenue would be $3,096,187. When compared to the benefit created to the resident, and ultimately the community in which they spend their money, there would be net benefit to the residents/community of $8,114,936, and a net benefit to the residents/community of $5,018,750 during that same 15-year term. 961 Legacy in Denton Apartments 4298 E McKinney, Denton, TX 76208 City of Denton HTC Application Section 4(d) 120 units Proposed Unit Mix: 4298 E. McKinney Road, Denton, TX Unit 30% 40% 50% 60% 70% 80% Type AMI AMI AMI AMI AMI AMI Totals 1bd/1ba 8 units units 17 units 17 units units units 42 units 2bd/2ba 12 units units 24 units 24 units units units 60 units 3bd/2ba 4 units units 7 units 7 units units units 18 units Project Totals 24 units units 48 units 48 units units units 120 units 20.00% 0.00% 40.00% 40.00% 0.00% 0.00%100.00% Overall Project Income Average 50.00% 962 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275E7662.1E7662.2E7662.3X2275X1958X1958X2275E7655E7655E7651.3E7651.2E7651.1X1958X2275 E7607E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710E7607X3010X3555E7606.2E7606.1E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275 E7607 E7607 X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275E7662.1E7662.2E7662.3X2275X1958X1958X2275E7655E7655E7651.3E7651.2E7651.1X1958X2275 E7607E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710E7607X3010X3555E7606.2E7606.1E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 RISER E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275 E7607 E7607 X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275 E7607 E7607 X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 RISER VANVANVANVANVAN VANVANE7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275E7662.1E7662.2E7662.3X2275X1958X1958X2275E7655E7655E7651.3E7651.2E7651.1X1958X2275 E7607E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710E7607X3010X3555E7606.2E7606.1E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275 E7607 E7607 X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275E7662.1E7662.2E7662.3X2275X1958X1958X2275E7655E7655E7651.3E7651.2E7651.1X1958X2275 E7607E7607X3010X3555E7606.2E7606.1Panel Stile - 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Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275 E7607 E7607 X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607 E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710 E7607X3010X3555E7606.2E7606.1 E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275E7662.1E7662.2E7662.3X2275X1958X1958X2275E7655E7655E7651.3E7651.2E7651.1X1958X2275 E7607E7607X3010X3555E7606.2E7606.1Panel Stile - Foam InsertE7600.1E7600.2X3555X3710E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - Foam InsertE7601.2X3555E7601.1X3710E7607X3010X3555E7606.2E7606.1E7609E7607X3010X3555E7606.2E7606.1E7651.3E7651.2E7651.1X1958X2275 E7662.1E7662.2E7662.3X2275X1958X1958X2275 E7655 E7655E7651.3E7651.2E7651.1X1958X2275E7607E7607X3010X3555E7606.2E7606.1 Panel Stile - 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(INST. NO. 2019-38258) LOT 1, BLOCK 1 DPS DENTON 2000, LLC (INST. NO. 2020-97821) TRA C T I DAL E I R WI N A N D C R AI G I R WI N (INST. N O. 2 0 0 3- 9 9 4 7 7) CITY O F D E N T O N (INST. N O. 0 3- 9 9 4 7 8 ) LIMIT OF F.E.M.A. 100-YEAR FLOODWAY LIMIT OF F.E.M.A. 100-YEAR FLOODPLAIN 9878 7672 10 7 4 6 5 9 101010 9 9 6 7 4 7 7 7 8 7 6 8 10 9 7 10 10 6 7 8 8 8 8 4 67 5 6 5 67 2 6 4 4 5 4 7 7 7 7 7 7 3 10 2 2 8 8 7 6 4 6 4 3 610.0'TYP.9.0'TYP.9.0' TYP. 9.0' TYP. 9.0' TYP. 142.1' 140.6' 74.8' DENTON/LMD, LLC BUILDING V BUILDING IV BUILDING VI BUILDING IE MCKINNEY STREET(A VARIABLE WIDTH R.O.W.)(110' ULTIMATE R.O.W.)100' ESA BUFFER FROM CREEK CENTERLINE100.0'PECAN CREEKCENTERLINETUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGEUGEUGE UGE TUGEUGE UGE UGE UGE UGE UGEUGE UGE UGE UGE UGE UGE UGEUGEUGEUGEUGET TT T UGEUGEUGEUGEUGET UGE UGE E E E E E E E E UGE30.0'20.0'41.4'224.2'R10 .0'R10.0'R61.0' R15 .0'R35.0'R35 .0 'R35 .0 'R35. 0 ' R55.0' R 3 5 .0' R 5 5.0'R55.0'R35.0'R55.0'R35. 0' R 35.0'R 1 0.0'R35. 0' R 10.0 ' R 15.0'R 3 5.0' R 5 5 .0' R 5 5.0'R35.0' R55.0'R55.0' R61.0' N2°34'12"E 746.82'C1S2°34'12"W 1289.48'N69°47'10"W169.33'N56°19'30"W195.33'N25°0 1' 5 1 " W 428.7 5' N9°04'51"W 59.94' N33° 5 8' 1 1" W 134. 6 5' R3.0' 5' SIDE YARD SETBACK 10' FRONT YARD SETBACK 5' SIDE YARD SETBACK 10' REAR YARD SETBACK 8' FRANCHISE UTILITY EASEMENT BY THIS PLAT (TYP.) 8' FRANCHISE UTLITY EASEMENT BY THIS PLAT (TYP.) 9 7 10 ±596' TO EX.BUS STOPR10.0 'R15.0 'R1 5 .0'R10 .0' R 35.0' R 35.0' FFE = 584.00 FFE = 576.00 FFE = 575.50 FFE = 580.00 FFE = 584.00FFE = 581.00 FFE = 583.40 FFE = 576.00 FFE = 577.00 FFE = 581.00 EX. 10" SEWER LINEPROP. 2 4 " RCP BYCITY PROHECT ±20,894 SF ±19,286 SF ±19,286 SF ±19,286 SF ±18,422 SF±10,427 SF ±9,100 SF EX. DRIVEWAY EX. DRI V E W A Y EX. DRIVEWAY PROP. 12' BIKE/PEDESTRIAN PATHPROP. TRASH COMPACTOR ENCLOSURE WITH 8' SCREENING EX. E MCKINNEY ST PROP. E MCKINNEY ST BY CITY PROJECT PROP LIFT STATION AND BACKUP GENERATOR PROP. 6' SIDEWALK BY CITY PROJECT PROP. 36" RCP BY CITY PROJECT PROP. 5'X2' RCB BY CITY PROJECT EX. SEWER MANHOLE PROP. 16" WATER LINE BY CITY PROJECT EX. 16" WATER LINE EX. FH TO BE RELOCATED EX. TREE TO REMAIN (TYP.) ±164' DRIVEWAY THROAT LENGTH SIGHT DISTANCE TRIANGLE SIGHT DISTANCE TRIANGLE SIGHT DISTANCE TRIANGLE SIGHT DISTANCE TRIANGLE ±5' R.O.W. DEDICATION FOR IMPROVEMENTS TO E. MCKINNEY ST.OPEN SPACE OPEN SPACEOPEN SPACE OPEN SPACE OPEN SPACE ±572'TO ADJACENTPROPERTY LINE18.0'TYP.26.0'TYP.18.0'TYP.18.0'TYP.26.0'TYP.18.0'TYP.4.0'18.0'TYP.26.0'TYP.18.0'TYP.18.0 'TYP.26.0 'TYP. 18.0' TYP. 26.0' TYP. 18.0' TYP. 9.0' 18.0' TYP. 26.0' TYP. 18.0' TYP. 18.0' TYP. 26.0' TYP. 18.0' TYP.18.0'TYP.26.0'TYP.18.0'TYP.32.4' 57.0' 57.0' 55.3'9.0'TYP.15.0'20.0'26.0'TYP.8.0'105.5' 10.0' TYP. 10.0' TYP. 9.0' TYP.18.0'TYP.26.0'TYP.18.0'TYP.10.0' TYP.18.0'TYP.26.0'TYP.9.0' TYP. 10.0' TYP. 9.0' TYP. 55.0'50.0'9.0'TYP.18.0'TYP.10.0'17.1'15.4'±586'TO ADJACENTPROPERTY LINE26.0'TYP.305.0'11.5' 12.0' 11.0' 11.0' 11.5' 14'X14' TRANFORMER EASEMENT BY THIS PLAT (TYP.) 14'X14' TRANFORMER EASEMENT BY THIS PLAT (TYP.)EX. 5' SIDEWALK445 FT385 FT385 FT445 FT1 1 1 1 1 1 1 1 1 1 1 1 1 36 5 7 3 6 6 6 3 663 3 6 3 6 3 7 7 7 7 7 7 7 7 5 5 5 5 5 5 5 5 5 8 8 4 4 4 4 4 4 4 9 12 12 10 10 10 10 10 6 3 4 12 7 10 10 11 11 11 11 11 11 11 22 11 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 15 15 3 16 16 16 16 17 17 17 17 17 17 17 17 14 13 10 18 18 18 18 18 18 18 19 19 19 19 19 19 19 19 19 19 19 19 19 19 1919 19 19 1919 19 19 19 19 19 19 19 17 19 19 19 16 16 7 21 20 20 21 20 20 20 21 21 20 21 21 16 19 19 19 20 20 19 9 9 23 24 23 24 24 23 9 7 10.0' TYP. EXIT ONLY 50.0'STORAGELENGTH100'R75.0'TAPER LENGTH85.4'CURVE TABLE CURVE C1 RADIUS 11405.16' LENGTH 639.05' CHORD BEARING S73°15'35"E CHORD 638.97' DELTA 3°12'37" TANGENT 319.61'BYREVISIONSNo.DATECITY OF DENTON,DENTON COUNTY, TEXASMOREAU FORESTSURVEY,ABSTRACT NO. 417NOVEMBER 2020801 CHERRY ST, UNIT 11, STE 1300, FORT WORTH, TX 76102PHONE: 817-335-6511 FAX: 817-335-5070TEXAS REGISTERED ENGINEERING FIRM F-928EXISTING UNDERGROUND UTILITIES. CONTRACTOR TO VERIFY EXACT LOCATION PRIOR TO ANY TRENCHING OR EXCAVATION. CAUTION Know what's below.before you dig.Call R PROJECT No.061309400DATE:MARCH 2021SCALE: AS SHOWNDESIGNED BY: JJEDRAWN BY: JEDCHECKED BY: ---© 2021 KIMLEY-HORN AND ASSOCIATES, INC.PLOTTED BYEARNEY, JARED 3/16/2021 7:43 AMDWG NAME K:\FTW_CIVIL\061309400 - LEGACY MF DENTON\CAD\PLANSHEETS\C-SITE PLAN.DWGLAST SAVED 3/16/2021 7:42 AMIMAGES Vicinity Map -XREFS XREF x-exsite - XREF x2436-Denton - XREF xsite - XREF x-site-McKinney Improvements - XREF x-util-McKinney Improvements - XREF xutil - XREF x-Exutil - XREF xstorm - XREF xhatch - XREF xVisibilityTriangles - XREF x-bndy - XREF xutil-franchiseTHIS DOCUMENT, TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSEOF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HORN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND ASSOCIATES, INC.Not for construction purposes or permits. FOR REVIEW ONLY Engineer P.E. No.Date Prepared for Concept Plan submittal JARED EARNEY, P.E. 133539 MARCH 2021 NORTH0 GRAPHIC SCALE IN FEET 60 30 60 120 PROPOSED SIDEWALK. SEE LANDSCAPE PLANS. PROPOSED 4" WHITE PAINTED PARKING STALL STRIPING (TYP.) PROPOSED HC SIGNS. REFER TO ARCHITECTURAL PLANS FOR DETAIL (TYP.) PROPOSED ACCESSIBLE HC PARKING STALLS (TYP.), PER ADA MINIMUM REQUIREMENTS. 6" CURB (TYP.) 10 8 7 6 5 4 3 2 1 KEY NOTES NO CURB. PROPOSED 4" WHITE PAINTED TRAFFIC STRIPES @ 45° SPACED AT 2.0' O.C. (TYP.) PROPOSED LANDSCAPE AREA. SEE LANDSCAPE PLANS FOR DETAILS. PROPOSED RETAINING WALL. MAX HEIGHT IS 6.35'. 11 PROPOSED FIRE LANE STRIPING. PROPOSED FIRE HYDRANT BY CITY PROJECT. 12 VICINITY MAP (NTS) LEGACY MULTIFAMILY DEVELOPMENT, LLC ADDRESS: 17304 PRESTON ROAD, SUITE 800 DALLAS, TEXAS, 75252 CONTACT: JACK D. TRAEGER PHONE: (214) 244-4725 DEVELOPER 801 CHERRY ST. SUITE 1300, UNIT 11 FORT WORTH, TEXAS 76102 CONTACT: JARED EARNEY, P.E. PHONE: (817) 900-8528 TX. REGISTRATION No. F-928 ENGINEER DENTON/LMD, LLC ADDRESS: 4311 LOVERS LANE #200 DALLAS, TEXAS 75209 CONTACT: LOU LEBOWITZ PHONE: (214) 520-8818 OWNER SITE PLANLEGACY MF DENTON061309400CITY OF DENTON 16.11 ACRES701,574 SFUSE: MULTIFAMILYZONING: R7LEGEND PROPERTY LINE EASEMENT LINE FIRE LANE DEVELOPMENT IMPACT AREA PARKING COUNT ELECRTRIC VEHICLE CHARGING SPACE FL 1. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. 2. LIGHT POLE LOCATIONS TO BE PROVIDED BY OTHERS. 3. SITE LIGHTING SHALL COMPLY WITH ALL REQUIREMENTS IN SECTION 7.11.3-5 OF DENTON DEVELOPMENT CODE (DDC), AND THE LIGHTING SHALL NOT NEGATIVELY AFFECT THE SURROUNDING SITES. 4. ALL RADII ARE 2' UNLESS OTHERWISE NOTED. 5. PEDESTRIAN WALKWAY TO BE INSTALLED PER DDC 7.8.11D-E. PEDESTRIAN WALKWAY TO BE DISTINGUISHED FROM PARKING AREA PAVING BY USE OF DIFFERENT PAVING PATTERN. 6. BICYCLE PARKING TO BE INSTALLED PER DDC 7.9.8A. 7. ALL MECHANICAL EQUIPMENT WILL BE LOCATED ON THE ROOF. 8. RESIDENT MAIL ROOM IS LOCATED WITHIN LEASING BUILDING. 9. NO PLANNED STORM WATER DETENTION AREA. DOWN STREAM ASSESSMENT TO BE SUBMITTED TO CONFIRM. 10. TOTAL DBH OF 1,559 INCHES TO BE PRESERVED ONSITE WITHIN THE PROPOSED LOT. ANY FUTURE UNAUTHORIZED LAND DISTURBING ACTIVITY OR CONSTRUCTION ACTIVITY THAT WOULD IMPACT AND/OR DAMAGE THE PRESERVED TREES IS PROHIBITED. 11. FEMA FLOODPLAIN LIMITS SHALL BE ESTABLISHED BSED ON FIS PROFILE. PER 7.5.I.3 OF THE CITY DEVELOPMENT CODE, THE MINIMUM FINISHED FLOOR ELEVATIONS, THE DATUM USED, AND THE SOURCE OF THE ELEVATION INFORMATION SHALL BE LABELED ON THE FINAL PLAT WHERE REQUIRED. VERTICAL DATUM USED FOR THE MINIMUM FINISHED FLOOR ELEVATIONS SHALL BE THE SAME AS THE DATUM USED TO ESTABLISH 100 YEAR BASE FLOOD ELEVATIONS. NOTES 10 REFERENCE CONSTRUCTION PLANS FOR MCKINNEY ST PHASE 2 PROJECT NO. 880005 9 PROPOSED FIRE HYDRANT. PROPOSED BIKE RACKS. SEE LANDSCAPE PLANS.13 PROPOSED SLIDING GATE. SEE LANDSCAPE PLANS.14 PROPOSED 6' LANDSCAPE WALL. SEE LANDSCAPE PLANS.15 PROPOSED DME TRANSFORMER (DEVELOPER TO INSTALL PAD).16 PROPOSED 6' METAL FENCE. SEE LANDSCAPE PLANS.17 PROPOSED BIKE CIRCULATION PATH.18 PAVING LEGEND FIRE LANE DUMPSTER APPROACH AREA PRIVATE LIGHT DUTY PAVEMENT PRIVATE MEDIUM DUTY PAVEMENT PRIVATE HEAVY DUTY PAVEMENT PUBLIC PAVEMENT BIKE CIRCULATION PATH COVERED PARKING FL FL SITE NORTH PROPOSED COVERED PARKING.19 E PROPOSED PRIMARY UG ELECTRIC LINE (DEVELOPER TO INSTALL DME PROVIDED CONDUIT). 20 21 PROPOSED UG ELECTRIC SERVICE LINE (DEVELOPER TO INSTALL). PROPOSED POOL AREA. REFERENCE LANDSCAPE PLANS FOR DETAILS. 22 23 PROPOSED FIRE DEPARTMENT CONNECTION. PROPOSED REMOTE FIRE DEPARTMENT CONNECTION.24 SITE PLAN 963  964 965 966 Planning Division 215 W. Hickory St., Denton, TX 76201  (940) 349-8451 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 October 7, 2021 Jose Diplan Kimley-Horn and Associates, Inc. 801 Cherry St, Suite 1300, Unit 11 Fort Worth, TX 76102 SUBJECT: PP21-0018, Legacy Multifamily Denton Lot 1, Blk 1 Jose: The City of Denton’s Planning and Zoning Commission at its meeting on October 6, 2021 approved the Preliminary Plat of the Legacy MF Addition. The next step in the platting process is approval of the final plat by the Planning and Zoning Commission. Building permits cannot be issued until the final plat is filed with the County of Denton. Please note that a preliminary plat shall become null and void two (2) years after its approval, unless a final plat is approved on all or part of the preliminary plat within that time. A final plat must be recorded within two (2) years of its approval or it is considered null and void, unless the Planning and Zoning Commission grants an extension for good cause. Please contact your project planner, Karina Maldonado, at 940-349-8176 or your Project Facilitator, Rhonda Hurst, at 940-349-7783 if you have any questions regarding this approval or next steps for this project. Sincerely, Karina Maldonado Associate Planner CC: Rhonda Hurst, Project Facilitator Enclosure 967 7.2 '5.1 ' 0.0' 2.4' 2.6' 5.7' ZONE AEE ♦ McKINNEY ♦ STREET(A VARIABLE WIDTH RIGHT-OF-WAY)DPS DENTON 2000, LLC (INST. NO. 2020-97821) CITY O F D E N T O N (INST. N O . 0 3 - 9 9 4 7 8 ) CITY OF DENTON (INST. NO. 97-19639) CALLED 16.1059 ACRES DENTON/LMD LLC (INST. NO. 2020-211204) GRACE LIKE RAIN, INC. (INST. NO. 2019-38258) IRSC IRSC P.O.B.DEED: 172.12'DEED: 185.33'DEE D: 1 4 4. 6 7' 1/2" IRF 1/2" IRF "1849" 1/2" IRF "1849" 1/2" IRF "1849" ZONE AEC6S69°47'10"E 82.13' IRSCIRSC LOT 1, BLOCK 1 DPS DENTON MAYHILL (INST. NO. 2020-323) 16.1059 ACRES 701,574 SQ. FT. VARIABLE WIDTH RIGHT-OF-WAY DEDICATION (INST. NO. 2020-214738) 10' REAR YARD SETBACK (BY THIS PLAT 100' ESA BUFFER FROM CREEK CENTERLINE 8' ELECTRIC EASEMENT (BY THIS PLAT) 0.5246 ACRES 22,853 SQ. FT.C1L=5.19'L=239.18'N2°34'12"E 746.82'R=11405.16'∆=3°12'37"L=639.05'CB=S73°15'35"EC=638.97'S2°34'12"W 1289.48'N69°47'10"W169.33'N56°19'30"W195.33'N25°0 1' 5 1 " W 428.7 5' N9°04'51"W 59.94' N33° 5 8' 1 1" W 134. 6 5' 100' ESA BUFFER FROM CREEK CENTERLINE F.E.M.A. 100-YEAR FLOODPLAIN 8' ELECTRIC EASEMENT (BY THIS PLAT) 0.5246 ACRES 22,853 SQ. FT.C2L1 L2L3 L4 L5 L6 L7 L8L9 L10L11 L12L13 L14L15L16L17L18L19 L20L21 L22 L23L24 C3 L25 L26 L27 L28 L29 L30 L31 C4 L32 L33 L34L35 L36 L37 L38L39 L40 L41L42L43 L44 L45 L46L47 L48 L49 L50L51L52L53L54L55L56L57L58L59L60L61L62C5L63 L64 L65 L66L67 L68L69 L70L71L72 L73L74L75L76L77L78L79 55.2' 55.5' MIN FFE=571.66' ZONE X VARIABLE WIDTH FLOODPLAIN AND DRAINAGE EASEMENT BY THIS PLAT VARIABLE WIDTH FLOODPLAIN AND DRAINAGE EASEMENT BY THIS PLAT 14' x16' WATER EASEMENT BY THIS PLAT 16' WATER EASEMENT BY THIS PLAT 55.0' 55.0' L80 L81L82 C8 L84 L86L87 C9 81.27' 125.9 3' 99.45' 64.01' L89 L9 0 L91 L92 L9 3 L94L95L96 L97 L98 L99 L1 0 0L101L102L103L104L105L106 L107L108 L109L110 L111 L112 L113 L114 L115 L116 L117L118L119L120L121L122L123 L124 L125 L126 L127 L128L129 L130 L131 L132 L133 104.6 6'L134L135 L136 L137 LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 L38 L39 L40 BEARING S17°34'12"W S72°25'48"E S02°34'12"W S87°25'48"E N02°34'12"E S87°25'48"E S02°34'12"W N87°25'48"W N02°34'12"E N87°25'48"W N02°34'12"E N87°25'48"W S02°34'12"W N87°25'48"W N02°34'12"E S87°25'48"E S02°34'12"W S87°25'48"E N02°34'12"E N72°25'48"W S17°34'12"W S02°34'12"W N87°25'48"W S02°34'12"W S87°25'48"E N02°34'12"E S87°25'48"E S02°34'12"W N87°25'48"W N02°34'12"E N87°25'48"W S02°34'12"W S22°25'48"E S87°25'48"E N02°34'12"E N87°25'48"W N02°34'12"E S87°25'48"E S02°34'12"W N87°25'48"W LENGTH 139.80' 128.06' 111.05' 2.50' 3.00' 14.00' 14.00' 14.00' 3.00' 10.50' 91.12' 15.50' 3.00' 14.00' 14.00' 14.00' 3.00' 15.50' 13.79' 315.35' 88.78' 144.66' 52.00' 85.00' 5.00' 2.00' 13.00' 14.00' 13.00' 2.00' 5.00' 162.45' 284.22' 9.09' 17.00' 3.00' 14.00' 14.00' 14.00' 3.00' LINE TABLE NO. L41 L42 L43 L44 L45 L46 L47 L48 L49 L50 L51 L52 L53 L54 L55 L56 L57 L58 L59 L60 L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 L76 L77 L78 L79 L80 BEARING S02°34'12"W S87°25'48"E N02°34'12"E N87°25'48"W N02°34'12"E S87°25'48"E S02°34'12"W N87°25'48"W S02°34'12"W S87°25'48"E N02°34'12"E S87°25'48"E N02°34'12"E N87°25'48"W S02°34'12"W N87°25'48"W N02°34'12"E S87°25'48"E S02°34'12"W S87°25'48"E N02°34'12"E N17°34'12"E S17°34'12"W S02°34'12"W S02°34'12"W N87°25'48"W S02°34'12"W N87°25'48"W N22°25'48"W N02°34'12"E S87°25'48"E N02°34'12"E N17°34'12"E N72°25'48"W N17°34'12"E S72°25'48"E N17°34'12"E S72°25'48"E N17°34'12"E S17°34'12"W LENGTH 17.00' 262.09' 17.00' 3.00' 14.00' 14.00' 14.00' 3.00' 17.00' 50.21' 379.04' 69.00' 44.00' 17.00' 3.00' 14.00' 14.00' 14.00' 3.00' 17.00' 326.20' 21.48' 20.34' 323.15' 62.00' 69.00' 379.04' 350.48' 291.09' 269.22' 52.00' 137.71' 62.21' 13.50' 14.00' 13.50' 21.63' 193.43' 139.72' 13.88' LINE TABLE NO. L81 L82 L84 L86 L87 L89 L90 L91 L92 L93 L94 L95 L96 L97 L98 L99 L100 L101 L102 L103 L104 L105 L106 L107 L108 L109 L110 L111 L112 L113 L114 L115 L116 L117 L118 L119 L120 L121 L122 L123 BEARING N72°25'48"W N17°34'12"E S17°34'12"W N72°25'48"W N17°34'12"E N49°18'48"E N35°22'26"E N29°40'07"E N18°39'08"E N39°06'36"E N79°01'57"W N88°48'04"W N40°16'31"W N02°58'11"W N11°45'42"W N24°07'52"W N39°37'59"E N86°05'05"E S87°34'04"E N89°51'27"E S77°51'39"E S41°26'48"E S48°16'20"E S57°09'16"E S19°32'27"W S80°12'39"W S20°23'53"E S19°24'44"E S11°40'52"E S03°20'17"W S06°54'24"E S06°03'01"E S26°13'12"E S59°03'20"E S79°45'25"E S84°57'39"E S75°34'02"E S61°07'22"E S51°11'35"E S64°33'30"E LENGTH 16.00' 14.07' 13.23' 16.00' 13.07' 6.96' 47.06' 14.07' 21.17' 31.56' 14.65' 53.47' 17.83' 38.49' 38.04' 17.90' 20.39' 16.27' 91.83' 48.20' 24.93' 8.71' 22.64' 34.74' 25.85' 27.24' 8.04' 36.10' 38.46' 110.09' 30.76' 42.81' 18.54' 13.67' 30.72' 24.95' 27.49' 39.49' 33.58' 5.34' LINE TABLE NO. L124 L125 L126 L127 L128 L129 L130 L131 L132 L133 L134 L135 L136 L137 BEARING S37°57'48"E S28°13'37"E S22°30'59"E S38°49'01"E S38°40'41"E S31°37'49"E S28°32'13"E S00°24'15"E S11°26'17"W S27°41'56"W S50°43'29"E S30°05'16"E S22°08'39"E S10°14'41"E LENGTH 49.13' 27.66' 166.60' 11.23' 21.83' 17.33' 14.67' 33.31' 53.63' 8.52' 52.72' 62.65' 121.50' 91.68' CURVE TABLE NO. C1 C2 C3 C4 C5 C6 C8 C9 DELTA 1°47'40" 0°02'25" 90°00'00" 90°00'00" 0°02'25" 0°32'12" 0°04'49" 0°04'49" RADIUS 11405.16' 11405.16' 1.00' 1.00' 11405.16' 11409.08' 11405.16' 11405.16' LENGTH 357.17' 8.00' 1.57' 1.57' 8.00' 106.86' 16.00' 16.00' CHORD BEARING S73°58'04"E S73°03'02"E S42°25'48"E S47°34'12"W S71°48'14"E N71°25'32"W S71°43'15"E S73°00'10"E CHORD 357.16' 8.00' 1.41' 1.41' 8.00' 106.86' 16.00' 16.00' GRAPHIC SCALE IN FEET 060 30 60 120 1" = 60'@ 24X36NORTH N.T.S.VICINITY MAP NORTHBRIDGERGAYLACUNNINGHAMMILLSMAYHILL DENTON PECAN CREEK NOTES: 1. Acceptance of the drainage features identified on the Preliminary Plat are subject to change during the final plat process and do not constitute subsequent approval of same. The City reserves the right to require additional data or studies to ensure compliance with City of Denton Subdivision and Land Regulations, Drainage Design Criteria and Comprehensive Master Drainage Plan. 2. According to Map No. 48121C0380G, dated April 18, 2011 of the Flood Insurance Rate Map of Denton County, Texas, Federal Emergency Management Agency this property is not within a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. The purpose of this plat is to create one (1) lot. 4. Discharge from any detention pond outfall or storm drain outfall may require an offsite drainage easement to accommodate the flow. If an offsite drainage easement is required, a study shall made of the off-site property to determine the size of the drainage easement to accommodate the flow. 5. Acceptance of the drainage features identified on the Preliminary Plat are subject to change during the final plat process and do not constitute subsequent approval of same. The City reserves the right to require additional data or studies to ensure compliance with City of Denton Subdivision and Land Regulations, Stormwater Design Criteria Manual and Comprehensive Master Drainage Plan. 6. Total DBH of 1,559 inches to be preserved onsite within the proposed lot. Any future unauthorized land disturbing activities or construction activity that would impact and/or damage the preserved trees is prohibited. IMPORTANT NOTICE: The City of Denton has adopted the national safety code ("the code"). the code generally prohibits structures within 17.5 feet on either side of the center line of overhead distribution lines and within 37.5 feet on either side of the centerline of overhead transmission lines. in some instances, the code requires greater clearances. building permits will not be issued for structures within these clearance areas. contact the building official with specific questions. SURVEYOR Michael C. Billingsley, RPLS Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 Ph. 817-770-6511 OWNER/DEVELOPER Lou Lebowitz Denton/LMD LLC 4311 Lovers Lane, Suite 200 Dallas, Texas 75209 Ph. 214-520-8818 OWNERS CERTIFICATE STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, Denton/LMD, LLC is the owner of a 16.1059 acre tract of land situated in the Moreau Forest Survey, Abstract No. 417, City of Denton, Denton County, Texas; said tract being all of that tract of land described in Special Warranty Deed to Denton/LMD, LLC recorded in Instrument No. 2020-211204 of the Official Public Records, Denton County, Texas. BEGINNING at a 5/8-inch iron rod with “KHA” cap set in the south right-of-way line of E McKinney Street (a variable width right-of-way); said point being in a curve to the right having a central angle of 3°12'37", a radius of 11,405.16 feet, a chord bearing and distance of South 73°15'35" East, 638.97 feet; THENCE in a southeasterly direction along the said south line of E McKinney Street and with said curve to the right, an arc distance of 639.05 feet to a 5/8-inch iron rod with ”KHA” cap set for corner; THENCE South 2°34'12" West, departing the said south line of E McKinney Street and along the east line of said Denton/LMD, LLC tract, a distance of 1,289.48 feet to a 5/8-inch iron rod with “KHA” cap set for corner in the north line of that tract of land described in Cash Warranty Deed to the City of Denton recorded in Instrument No. 97-19639 of said Official Public Records; from said point a 1/2-inch iron rod found in the said north line of the City of Denton tract bears South 69°47'10" East, a distance of 82.13 feet; THENCE North 69°47'10" West, along the north line of said City of Denton tract, a distance of 169.33 feet to a 1/2-inch iron rod with “1849” cap found for corner; THENCE North 56°19'30" West, continuing along the north line of said City of Denton tract, a distance of 195.33 feet to a 1/2-inch iron rod with “1849” cap found for corner; said point being the southeast corner of a 0.294 acre tract of land described as Tract 2 in Deed Without Warranty to the City of Denton, Texas recorded in Instrument No. 03-99478 of said Official Public Records; THENCE North 25°01'51" West, along the northeast line of said 0.294 acre tract, a distance of 428.75 feet to a point for corner; said point being the southeast corner of Lot 1, Block 1, DPS Denton Mayhill, an addition to the City of Denton according to the plat recorded in Instrument No. 2020-323 of said Official Public Records; THENCE along the east line of said Lot 1, the following three (3) calls: North 9°04'51" West, a distance of 59.94 feet to a point for corner; North 33°58'11" West, a distance of 134.65 feet to a 5/8-inch iron rod with “KHA” cap set for corner; North 2°34'12" East, a distance of 746.82 feet to the POINT OF BEGINNING and containing 16.1059 acres or 701,574 square feet of land, more or less. OWNER'S DEDICATION STATE OF TEXAS § COUNTY OF DENTON § NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, DENTON/LMD, LLC, does hereby adopt this plat designating the herein described property as LEGACY MF DENTON, an addition to the City of Denton, Denton County, Texas, and does hereby dedicate to the public use forever the streets and alleys shown thereon, and does hereby reserve the easement strips shown on this plat for the mutual use and accommodations of all public utilities desiring to or using same. Any public utility shall have the right to remove and keep removed all or part of any building, fence, trees, shrubs or other growths or improvements which in any way endangers or interferes with the construction, maintenance, or efficiency of its respective systems on any of these easement strips, and any public utility shall, at all times, have the right of ingress and egress to and from and upon the said easement strips for the purpose of construction, reconstruction, inspecting, patrolling, maintaining and adding to or removing all or part of its respective system without the necessity at any time procuring permission of anyone. This plat is hereby adopted by the owner and approved by the City of Denton (called -City-) subject to the following conditions that shall be binding upon the owners, their heirs, grantees, and successors. The Floodplain & Drainage Easement within the limits of this addition, shall remain open at all times and will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Floodplain & Drainage Easement. The City will not be responsible for the maintenance and operation of said easement or for any damage to private property or person that results from conditions in the easement, or for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence or any other structure within the Floodplain & Drainage Easement, as herein above defined, unless approved by the City. The owners shall keep the drainage and detention easement clear and free of debris, silt, and any substance that would result in unsanitary conditions or obstruct the flow of water. And, the City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance by the owners to alleviate any undesirable conditions that may occur. Furthermore, the City shall have the right, but not the obligation, to enter upon the above-described drainage and detention easement to remove any obstruction to the flow of water, after giving the owners written notice of such obstruction and owners fail to remove such obstruction. Should the City of Denton be compelled to remove any obstruction to the flow of water, after giving the owners written notice of such obstruction and owners fail to remove such obstruction, the City of Denton shall be reimbursed by the owners reasonable costs for labor, materials, and equipment for each instance. The natural drainage through the Floodplain & Drainage Easement is subject to storm water overflow and natural bank erosion to an extent that cannot be definitely defined. The City shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena or resulting from the failure of any structure or structures, within the easement or otherwise. WITNESS MY HAND, this _____ day of _________________________, 2021. BY: DENTON/LMD, LLC By: _________________________ Lou Lebowitz APPROVED BY THE PLANNING & ZONING COMMISSION ON THIS _____ DAY OF _________________________, 2021. ___________________________________________________ CHAIRPERSON, PLANNING AND ZONING COMMISSION ____________________________________________________ CITY SECRETARY PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT SURVEYOR'S CERTIFICATION That I, Michael Cleo Billingsley, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my personal supervision, in accordance with the Subdivision regulations of the City of Denton, Texas. ____________________________________ Michael Cleo Billingsley Registered Professional Land Surveyor No. 6558 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 Ph. 817-770-6511 michael.billingsley@kimley-horn.com STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Michael Cleo Billingsley, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 27th day of July, 2021. ____________________________________________ Notary Public in and for the State of Texas Copyright © 2021 Kimley-Horn and Associates, Inc. All rights reserved PRELIMINARY PLAT LOT 1, BLOCK 1 LEGACY MF DENTON MOREAU FOREST SURVEY, ABSTRACT NO. 417 CITY OF DENTON, DENTON COUNTY, TEXAS 16.1059 ACRES (701,574 SQ. FT.) PP21-0018 Scale Drawn by CDP1" = 60' Checked by Date Project No.Sheet No. Fort Worth, Texas 76102 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511 www.kimley-horn.comFIRM # 10194040 MCB 7/29/2021 061283812 1 OF 1 LINE TYPE LEGEND BOUNDARY LINE EASEMENT LINE SETBACK LINE ADJOINING PROPERTY LINE LEGEND Δ = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND IPF = IRON PIPE FOUND D.R.D.C.T. = DEED RECORDS OF DALLAS COUNTY, TEXAS O.P.R.D.C.T. = OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS 968 Department of Development Services / Planning Division 215 W. Hickory St., Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 April 10, 2020 Jack Traeger 2625 Serenity Court Carrollton, TX 75010 SUBJECT: ZV20-0027, 4298 E McKinney Jack Traeger: This letter is to confirm that the zoning classification for the above subject property, commonly known as 4298 E McKinney, Denton, Texas is Residential 7(R7). The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: PHYSICAL ADDRESS: 4298 E McKinney LEGAL DESCRIPTION: A0417A M. FORREST, TR 151D, 11.4638 ACRES ZONING DISTRICT: Residential 7(R7) ZONING ORDINANCE: DCA18-0009, May 10, 2019 PLAT STATUS: Unplatted PROPERTY TAX ID: 562271 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Christian Garcia Christian Garcia Project Manager Attachments: Location Map Permitted Uses cc: Jack Traeger 2625 Serenity Ct Carrollton, TX 75010 969 PR I V A T E MCKINNEY MORSE TARTAN WHITING PAULIE ABBY KAYANNEMAYHILLGLENNGARYKOSSMANCOLEGAELICCARPENTERZV20-0027Site Location 0 250 500125 Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ E McKinney St Date: 4/10/2020 970 PRI V A T E MCKINNEY MORSE TARTAN WHITING PAULIE ABBY KAYANNEMAYHILL GLENNGARYKOSSMANCOLEGAELICCARPENTERR4 R3 MN RR R7 HI R2 PF GO SC ZV20-0027Current Zoning Map 0 250 500125 Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ E McKinney St Date: 4/10/2020 Current ZoningZoning Districts RR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Corridor SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development MPC OVERLAY 971 Department of Development Services / Planning Division 215 W. Hickory St., Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 April 10, 2020 Teresa Morales 221 E. 11th Street Austin, TX 78701-2410 SUBJECT: ZV20-0028, 4298 E McKinney Teresa Morales: This letter is to confirm that the zoning classification for the above subject property, commonly known as 4298 E McKinney, Denton, Texas is Residential 7(R7). The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: PHYSICAL ADDRESS: 4298 E McKinney LEGAL DESCRIPTION: A0417A M. FORREST, TR 151A(IN CITY), 4.1932 ACRES ZONING DISTRICT: Residential 7(R7) ZONING ORDINANCE: DCA18-0009, May 10, 2019 PLAT STATUS: Unplatted PROPERTY TAX ID: 562272 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Christian Garcia Christian Garcia Project Manager Attachments: Location Map Permitted Uses cc: Jack Traeger 2625 Serenity Court CARROLLTON, TX 75010 972 PR I V A T E MCKINNEY MORSE TARTAN WHITING PAULIEMAYHILL GLENNGARYKOSSMANGAELICCARPENTERZV20-0028Site Location 0 250 500125 Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ E McKinney St Date: 4/10/2020 973 PR I V A T E MCKINNEY MORSE TARTAN WHITING PAULIEMAYHILLGLENNGARYKOSSMANGAELICCARPENTERR4 R3HI MN RR R7 PF R2SC GO ZV20-0028Current Zoning Map 0 250 500125 Feet The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property ofthe 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 orimplied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. SITE Parcels Roads µ E McKinney St Date: 4/10/2020 Current ZoningZoning Districts RR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Corridor SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development MPC OVERLAY 974 975 976 977 is a North Texas based nonprofit corporation with the dual mission of providing services for people with disabilities so that they are empowered to lead self-directed lives and educating the general public about disability related topics in order to promote a barrier free community. In order to accomplish this dual mission, operates the Resource Centers on Independent Living in Fort Worth, Dallas, Denton and Plano. The centers are resource agencies, not residential programs. Emphasizing ABILITIES, not disabilities! The REACH Resource Centers on Independent Living are members of the Texas Association of Centers for Independent Living, the National Council on Independent Living, and the Coalition of Texans with Disabilities. The contents of this brochure were developed, in part, under grants from the U.S. Department of Health and Human Services Administration for Community Living and Texas Health and Human Services. The contents do not, however, necessarily represent the policies of either governmental entity, and you should not assume endorsement by the federal or state government.978 • Information and Referral • Peer Counseling / Peer Support • Independent Living Skills Training • Advocacy Assistance • Nursing Home to Community Living Relocation Assistance • Youth Outreach and Transition Assistance • Adjustment to Disability Group Training • ADA Training and Technical Assistance • Disability Awareness and Sensitivity Training • Social / Recreational Activities • Assistive Equipment Loan • Project Ramp (Fort Worth) • Employment Assistance (Dallas) • Housing Information “Since becoming a consumer at the center, I have greatly benefited from information regarding the local paratransit service, the weekly peer support group meetings, and the assistance in putting tactile labels on my appliances and a Denton city map. REACH has been and continues to be an important aspect in my life, ever increasing my abilities to achieve the various stages of independence.” - V.B., REACH of Denton Consumer “I spent 14 months in a nursing home. With the help of REACH, I was able to move out on my own. I have been in independent living for almost two years now. I have participated in various workshops at REACH. I would recommend REACH to anyone who needs their services.” - L.O., REACH of Plano Consumer “REACH provides us with resources that help us to be more independent. The staff is supportive and encouraging to everyone. Through the weekly social activities we have fun, meet others and get out in the community. We are glad to have joined REACH and have made lifelong friends. Thanks for all you do.” - S.A., S.S., & R.O., REACH of Fort Worth Support Group Members “The REACH For Your Independence youth group has provided me with a safe haven where I am accepted and understood. For the first time, I have been able to interact on a true peer-to- peer level. I love the air of mutual respect and symbiosis in this group and how we implement our lessons on independence via interdependence, sometimes without even realizing it. REACH FYI, in my opinion, has fulfilled its purpose and then some.” - M.R.F., REACH of Dallas Consumer979 Texas Department of Housing and Community Affairs 221 East 11th Street Austin TX 78701 To whom it may concern, The United Way of Denton County has been recognized as a 501(c)(3) non-profit organization serving Denton County residents since 1971. United Way of Denton County (UWDC) is pleased to provide a letter of support on behalf of United Way of Denton County and The Denton County Homelessness Leadership Team (DCHLT), for the Legacy Multifamily Development, LLC’s proposed project on 4298 East McKinney Street, Denton TX, Denton County. The Denton County Homelessness Leadership Team was formed in 2016 as a strategic, quasi-governmental, decision making body that convenes to improve the planning, coordination, oversight, and implementation required to create systems change, for housing and homelessness initiatives in Denton County. Appointees on the Leadership team are made up of municipality representatives, non-profits leaders, representatives from workforce, healthcare, education institutions and community members. UWDC is backbone support to the Leadership Team and it’s initiatives. The DCHLT and UWDC are proud to support the possibility of an expansion of availability of affordable housing in Denton County. Affordable housing is a critical and needed aspect of the housing market in Denton County. Not only in finding appropriate housing for people experiencing homelessness but also finding units that families at risk of experiencing homelessness can access as well. Currently, Denton County consistently has 300-400 people experiencing literal homelessness on any given day, with majority of services located in the City of Denton. Additionally, just over 20% of our County’s population of 944,000+ people are Asset Limited Income Restrained and Employed households (ALICE) who are working but unable to afford the basic necessities of housing, food, childcare, health care and transportation. This potential project is a needed resource in our community now more than ever. We are pleased to offer our support for Legacy Multifamily Development, as their project will be a crucial component to making homelessness rare, brief, and non-recurring in Denton County. Sincerely, Gary Henderson President & CEO 980 981 982 983 December 2, 2020 Marni Holloway Texas Department of Housing and Community Affairs 221 East 11th Street Austin, TX 78701 RE: Proposed Legacy at Denton Apartments 4298 E McKinney, Denton, Texas 76208 Mrs. Holloway, I am writing this letter of support for the 2021 application round of Housing Tax Credits for the proposed Legacy at Denton Apartments, to be located at 4298 E. McKinney, Denton, Texas 76208, Denton County. Grace Like Rain is an organization and has the overall betterment, development, and improvement of the community we serve as one of our. We seek to see families’ lives transformed breaking the cycle of poverty and homelessness. Please see the enclosures as evidence of our tax-exempt status and our existence and participation in the community. We look forward to working with the staff and residents at this apartment community once it is constructed. Sincerely, Michelle Conner CEO 984 985 Denton McKinney Ave. Apartment Home Denton, TX 75201 Enjoy the best of both worlds...new construction, modern design, stone and brick accented exterior design located only minutes from shopping, entertainment, high quality schools, and easy access to all Denton has to offer. This upscale community offers spacious, studios, one, two, and three-bedroom floor plans with Class A- amenities in each unit. The site offers a large clubhouse with pool, spa, sports courts, age appropriate play-grounds and related amenities. This is a mixed income, workforce and market rate housing development offering well-appointed and fully equipped living units. Whatever your lifestyle, these apartments offer something for everyone in the family. Apartment Features Community Features  Private patios and balconies with storage  Resort style swimming pool  Ceiling fans in every room  Playgrounds (age appropriate)  Walk-in showers (2 bath units)  Fully equipped clubhouse  Garden tubs  Endless Pool\Spa feature  Built in cabinets  Fully Equipped Fitness center  Washer/dryers provided  Game Room w\WIFI for gaming  Designer kitchen with built in microwaves  Shopping & restaurants a short distance (walking distance in many cases)  GE, Kenmore or Whirlpool appliance package (black or stainless)  Carports for lease (unless limited by rule)  Designer countertops w Granite- or equivalent  Community entertainment services and recreational activities for residents  Decorative niches with wood plank flooring or equivalent  Gated Entry with controlled access  Tile entryways  Opticom laser emergency system at entry gates 986 Denton McKinney Ave. Apartment Home Denton, TX 75201 Aesthetics and Design Features Enhanced architectural styles ●100% masonry+faux, stonebrick accent Interior landscaping and seasonal color planting 15 to 25 interior shade trees Over 25,000 square feet (1/2~ acres) of transitional buffer area with 30 evergreen and deciduous trees 3 story building height Meets the area and City of design standards Decorative wrought iron perimeter fencing around the pool and front of the property Facts Item Key Metrics Units 264 (16.0 units/acre total) Structures 9 buildings Structure Types 3 story-elevator served Parking 500/48/10 Covered Parking 264 +-available Transitional Buffer Area 43,800 1/300 Transitional Buffer Trees 30 Street Trees 10 Interior Trees 20 Parking Trees Screening parking Covered parking Entryway Opticom laser emergency system Fence LIMITED IN THIS CITY/CO DESIGN STANDARD Double sided wood and 6.5 masonry columns with 6’ metal post Amenities Clubhouse +-6000 sq. ft. (lounge, kitchen, WIFI computer center, fitness center, business center, mgt & leasing office) Swimming Pool and Spa or Splash park Indoor Fitness Area Garden Pavilion Minimum Masonry Minimum 100% Brick, Hardy, Faux Stone and/or Stucco accent Gross acreage +-16 Net Area +- 13.0 Density Requested 18 units per acre or less All amenities, fixtures and sizing are conditioned upon approvals from the City of Denton. 987 Legacy Denton, 4298 E McKinney Street, Denton, TX Multifamily Housing 9percentSeries 202217 Year Pro-Forma NOI (with Growth)Rev. Growth2.00%Exp. Growth3.00%Year3 4567891011121314152024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 TOTALOperating Revenues:Gross Rental Income$1,379,844 $1,407,441 $1,435,590 $1,464,301 $1,493,588 $1,523,459 $1,553,928 $1,585,007 $1,616,707 $1,649,041 $1,682,022 $1,715,663 $1,749,976 $20,256,567Pet and late fees$14,400 $14,688 $14,982 $15,281 $15,587 $15,899 $16,217 $16,541 $16,872 $17,209 $17,554 $17,905 $18,263 $211,397Other Income: Pet Fees and Parking$14,400 $14,688 $14,982 $15,281 $15,587 $15,899 $16,217 $16,541 $16,872 $17,209 $17,554 $17,905 $18,263 $211,397Gross Operating Revenues$1,408,644 $1,436,817 $1,465,553 $1,494,864 $1,524,762 $1,555,257 $1,586,362 $1,618,089 $1,650,451 $1,683,460 $1,717,129 $1,751,472 $1,786,501 $20,679,361Vacancy AdjustmentResidential-(7.5%) ($103,488) ($105,558) ($107,669) ($109,823) ($112,019) ($114,259) ($116,545) ($118,876) ($121,253) ($123,678) ($126,152) ($128,675) ($131,248) ($1,519,243)Other Income-(7.5%)($2,160) ($2,203) ($2,247) ($2,292) ($2,338) ($2,385) ($2,433) ($2,481) ($2,531) ($2,581) ($2,633) ($2,686) ($2,739) ($31,710)Total Revenue after Vacancy$1,302,996 $1,329,056 $1,355,637 $1,382,749 $1,410,404 $1,438,613 $1,467,385 $1,496,732 $1,526,667 $1,557,200$1,588,344 $1,620,111 $1,652,514 $19,128,409Operating ExpensesAdministration$25,800 $26,574 $27,371 $28,192 $29,038 $29,909 $30,807 $31,731 $32,683 $33,663 $34,673 $35,713 $36,785 $402,939Management Fee$52,120 $53,683 $55,294 $56,953 $58,661 $60,421 $62,234 $64,101 $66,024 $68,005 $70,045 $72,146 $74,310 $813,997Payroll$226,900 $233,707 $240,718 $247,940 $255,378 $263,039 $270,930 $279,058 $287,430 $296,053 $304,935 $314,083 $323,505 $3,543,677Taxes $0$0$0$0$0$0$0$0$0$0$0$0$0$0Insurance$42,000 $43,260 $44,558 $45,895 $47,271 $48,690 $50,150 $51,655 $53,204 $54,800 $56,444 $58,138 $59,882 $655,947Accounting$20,000 $20,600 $21,218 $21,855 $22,510 $23,185 $23,881 $24,597 $25,335 $26,095 $26,878 $27,685 $28,515 $312,356Repairs$48,000 $49,440 $50,923 $52,451 $54,024 $55,645 $57,315 $59,034 $60,805 $62,629 $64,508 $66,443 $68,437 $749,654Make-Ready$10,800 $11,124 $11,458 $11,801 $12,155 $12,520 $12,896 $13,283 $13,681 $14,092 $14,514 $14,950 $15,398 $168,672Contract Services$12,600 $12,978 $13,367 $13,768 $14,181 $14,607 $15,045 $15,496 $15,961 $16,440 $16,933 $17,441 $17,965 $196,784Ground Maintenance$9,600 $9,888 $10,185 $10,490 $10,805 $11,129 $11,463 $11,807 $12,161 $12,526 $12,902 $13,289 $13,687 $149,931Advertising$24,000 $24,720 $25,462 $26,225 $27,012 $27,823 $28,657 $29,517 $30,402 $31,315 $32,254 $33,222 $34,218 $374,827Utilities$104,400 $107,532 $110,758 $114,081 $117,503 $121,028 $124,659 $128,399 $132,251 $136,218 $140,305 $144,514 $148,849 $1,630,497Replacement Reserves$30,000 $30,900 $31,827 $32,782 $33,765 $34,778 $35,822 $36,896 $38,003 $39,143 $40,317 $41,527 $42,773 $468,534Total Operating Expenses$606,220 $624,406 $643,139 $662,433 $682,306 $702,775 $723,858 $745,574 $767,941 $790,979 $814,709 $839,150 $864,325 $9,467,814Expenses as a % of Gross Revenues43.0% 43.5% 43.9% 44.3% 44.7% 45.2% 45.6% 46.1% 46.5% 47.0% 47.4% 47.9% 48.4% 45.8%NET OPERATING INCOME$696,776 $704,649 $712,498 $720,317 $728,099 $735,838 $743,527 $751,159 $758,726 $766,221 $773,636 $780,961 $788,189 $9,660,595Net Operating Income as a % of Gross Revenues49.5% 49.0% 48.6% 48.2% 47.8% 47.3% 46.9% 46.4% 46.0% 45.5% 45.1% 44.6% 44.1% 46.7%Issuer Fee$0$0$0$0$0$0$0$0$0$0$0$0$0Trustee Fee$7,500 $7,725 $7,957 $8,195 $8,441 $8,695 $8,955 $9,224 $9,501 $9,786 $10,079 $10,382 $10,693 $139,492Net Income Available for Debt Service$689,276 $696,924 $704,541 $712,121 $719,657 $727,143 $734,571 $741,935 $749,225 $756,435 $763,556 $770,580 $777,496 $9,521,103*Confidential*Subject to Change988 Property Name Property Address Property Type New or Rehab Units Yr Built Colonial Hillcrest Apartments 604 N. 5th Street, Carlsbad, NM 88220 MF Rehab 76 1971 Bellfort Park Apartments 4135 W. Bellfort Ave., Houston, TX 77025 MF Rehab 64 1977 Grand Manor Apartments (Victory Park)2700 N. Grand Avenue, Tyler, TX 75702 MF Rehab 120 1980 Red Rock Apartments--- RH Value add 6351 Vega Street, Ft Worth, TX MF Rehab 216 1985 Chaparral Apartments--RH Value add 6520 Red Sierra Drive, Ft Worth, TX MF Rehab 200 1990 Rush Creek Apts 1200 W. Sublett Rd, Arlington, TX 76017 MF NC 248 2005 Champion on the Green 11201 Veterans Memorial Prkwy, Houston, 77067 TH NC 238 2005 Providence Place 3500 Quail Creek Dr., Denton, TX 76208 MF NC 280 2005 Providence on the Park 8501 Old Hickory Trail, Dallas, TX 75237 MF NC 280 2005 Champion at Marshall Meadows 1803 Marshall Cross, San Antonio, TX 78214 MF NC 250 2006 Port Royal Homes 5350 W. Military Hwy. San Antonio, TX 78242 MF NC 250 2006 Champion at Mission del Rio 927 VFW Blvd., San Antonio, TX 78223 MF NC 180 2006 Home of Pecan Grove 3131 Simpson Stuart Rd., Dallas, TX 75241 TH NC 250 2006 Villas at Winkler Senior Living 8625 Winkler Drive, Houston, TX 77017 Senior NC 240 2006 Tropical Gardens at Boca Chica 250 Ash Street, Brownsville, TX 78521 MF NC 158 2006 Edinburg Senior Towers 201 N. 13th Street, Edinburg, TX 78541 MF NC 100 2006 Alta Vista Senior Towers 303 6th. Street, Weslaco, TX 78596 Senior NC 100 2007 Centerpointe Homes 3401 Diamond, Weslaco,TX 78596 SF NC 36 2007 Candlewick Town Homes 1155 Parades Line Rd., Brownsville, TX 78521 TH NC 132 2007 Brittany Place Homes II 3500 Normandy Drive, Port Arthur, TX 77642 TH NC 96 2008 Brittany Place Homes II 3501 Brittany Avenue, Port Arthur, TX 77642 SF NC 100 2008 Champion Homes at Bay Walk (Seaport Village) 7200 Hurds Lane, Galveston, TX 77551 MF NC 192 2011 Champion Homes at Marina Landing 7302 Hurds Lane, Galveston, TX 77551 MF NC 256 2012 Champion Homes at Canyon Creek 1701 Canyon Circle, Brownsville, TX 78521 MF NC 100 2012 Mayorca Villas Apartments (Vista Monterrey)600 Jose Marti, Brownsville, TX 78521 MF NC 120 2015 Lake Dallas Apartments (Lakeshore)300 E. Swisher Rd., Lake Dallas, TX 75065 MF NC 140 2015 The Azure Midland Apartments 1200 Albert Avenue, Midland, TX 79701 MF NC 156 2015 Majors Place Apartments 6109 Jack Finney, Greenville, TX 75401 MF NC 176 2016 Plano Gateway--Senior Living 401 Shiloh Road, Plano, TX 75074 Senior NC 292 2016 City Square Artists Lofts 504 Avenue B, Garland, TX MF NC 126 2016 Austin Colorado Creek Hwy 71 and TX 130, Austin, TX MF NC 240 2017 Henderson 1575-(Indian Lake)Henderson and Old Alice, Los Fresno, TX MF NC 80 2017 Austin Creekview Apartments Old Manor and Springdale, Austin TX MF NC 264 2018 Lakeview Senior Living 7500 Lakeview Parkway, Rowlett, TX 75088 Senior NC 272 2018 Austin Boyce and Parmer Apartments Boyce Land and Parmer Lane, Austin ETJ, TX MF NC 280 2018 Totals 6,308 RISE Residential Construction and Sonoma Housing Advisors Schedule of Developments 989 OUR REPUTATION As one of the most experienced multi-family housing builders and developers in Texas — a woman-owned Historically Underutilized Business (HUB) — RISE RESIDENTIAL CONSTRUCTION LP has earned a reputation for building high-quality, single- and multi-family residences, on time and on budget. Over the years, RISE has earned the trust of project partners, fi nanciers, suppliers, community leaders and the residents we serve. Our solid reputation results from an unwavering commitment to quality, value, strong principles, and focus on the interests of both our partners and future residents. Because at RISE, we aren’t just building quality homes and communities. We are building excellence. OUR COMMITMENT In the construction industry, results matter. At RISE RESIDENTIAL CONSTRUCTION, we approach every project and every property with an unwavering commitment to building excellence. Quality Excellence begins from the ground up and is accomplished through good planning, design, craftsmanship, hard work and attention to detail. Our commitment to excellence produces quality results. Every time. Value RISE creates value by doing it right the fi rst time. We save time and money by tapping into our team’s experienced know-how, and by implementing innovative solutions and technologies. Value derived during the development and construction process extends to future tenants who benefi t from attractive, comfortable and aff ordable housing. Reliability From research and design to project management and construction, our team builds trust through sound planning, adherence to budgets and timelines, consistent communication and timely completion. Relationships The development and construction business depends on both hammers and handshakes. At RISE, we work hard to earn the trust of our stakeholders, including project partners, investors, suppliers, subcontractors, community leaders and of course, the residents we serve. Once trust is earned, we work even harder to keep it. Experience With nearly four decades of combined experience, our team has completed more than 7,000 high-quality residences in Texas and New Mexico. Building Excellence.16812 Dallas Parkway Dallas, Texas 75248 972.701.5555 www.RISE-RESIDENTIAL.com As published in: Aff ordable Housing Finance, April 2015 TOP 50 AFFORDABLE HOUSING DEVELOPERS 2015 TOP 50 DEVELOPERS 990 OUR EXPERIENCE RISE Residential Construction LP is a full-service design, development, construction and consulting fi rm known for delivering high-quality housing — on time and on budget — providing a competitive edge to owners, developers and fi nanciers, while off ering people a great place to live. Since 2003, our team has completed more than 200 single-family, multi-family, mixed-use and senior developments, providing some 7,000 high-quality residences across Texas and in New Mexico. RISE off ers quality craftsmanship and high-end amenities for both market-rate and aff ordable properties. The result is an unwavering commitment to building attractive homes, enhanced lifestyles, and stronger communities. And a reputation for building excellence. Multi Family Senior Living OUR VISION RISE is working aggressively to meet the growing demand for high-quality, multi-family housing. Through good design, quality construction and green building practices, RISE off ers excellent craftsmanship and high-end amenities for both market-rate and aff ordable properties. We are committed to building attractive homes, enhanced lifestyles and stronger communities. Amenities include: • Open-concept kitchens, dining and living rooms • Gourmet kitchens with Energy Star appliances • Spacious bedrooms and closets • Stylish interiors with designer colors and fi nishes • Full-sized washers and dryers • Inviting patios and balconies • Resort-style clubhouses and swimming pools • Well-equipped fi tness and recreation areas • Barbecue grills, picnic and playground areas • Modern business centers and high-speed wireless • Onsite after-school activities center and services • Onsite health screening facilities at senior properties • Controlled access gates • On-site staff and on-call maintenance • Generous 1-, 2-, and 3-bedroom fl oorplans • Garages, carports and sport courts at many properties PET FRIENDLY Fort Worth • Arlington • • Brownsville Edinburg Weslaco Port Arthur • • San Antonio • Dallas Midland • • Greenville• RISE DEVELOPMENTS • Houston 991 992 993 994 995 996 997 998 999 1000 1001 1002   1003 8/29/2019 Top 50 Affordable Housing Developers of 2018| Housing Finance Magazine https://www.housingfinance.com/management-operations/top-50-affordable-housing-developers-of-2018_o 1/24 Get AHF news in your inbox. Subscribe LATEST NEWS MANAGEMENT & OPERATIONS FINANCE POLICY & LEGISLATION DEVELOPM AHF 50 READERS' CHOICE AWARDS HALL OF FAME YOUNG LEADERS HOME > MANAGEMENT & OPERATIONS > TOP 50 AFFORDABLE HOUSING DEVELOPERSOF 2018MANAGEMENT & OPERATIONS Posted on: April 05, 2019  0 Like AFFORDABLE HOUSING FINANCETop 50 Affordable Housing Developers of 2018 The Pacific Cos. tops the list after starting construction on 2,501 units last year. RANK 1 (8) COMPANY INFO THE PACIFIC COS. Eagle, ID website EXECUTIVE CONTACT Caleb Roope, president and CEO STARTS/COMPLETIONS 2,501 / 1,315 REGIONS W ORG TYPE For-profit COMPANY DESCRIPTION The Pacific Cos. tops the developers list after starting construction on 15 affordable housing projects with 2,501 units in 2018. RANK 2 (1) COMPANY INFO LDG DEVELOPMENT Louisville, KY website EXECUTIVE CONTACT Chris Dischinger and Mark Lechner, principals STARTS/COMPLETIONS 2,274 / 1,424 REGIONS SC, SE TRENDING People on th 8.21.19 AHF to Reco Industry’s Ri Top 50 Affor Housing Dev 2018 California Re Proposed LIH Program... 1004 8/29/2019 Top 50 Affordable Housing Developers of 2018| Housing Finance Magazine https://www.housingfinance.com/management-operations/top-50-affordable-housing-developers-of-2018_o 2/24 ORG TYPE For-profit COMPANY DESCRIPTION LDG Development anticipates starting 15 affordable housing projects with 3,000 units this year. RANK 3 (3) COMPANY INFO DOMINIUM Plymouth, MN website EXECUTIVE CONTACT Paul Sween, managing partner, and Mark Moorhouse, senior vice president and partner STARTS/COMPLETIONS 2,113 / 948 REGIONS MW, SC, SE, W ORG TYPE For-profit COMPANY DESCRIPTION Dominium started work on 10 new-construction projects totaling 2,113 affordable units in 2018. RANK 4 (4) COMPANY INFO RISE RESIDENTIAL CONSTRUCTION Dallas, TX website EXECUTIVE CONTACT Melissa Fisher, president STARTS/COMPLETIONS 1,552 / 564 REGIONS SC, W ORG TYPE For-profit COMPANY DESCRIPTION The firm continues to help Texas with extensive disaster-recovery needs in Corpus Christi, Houston, and Rockport with development applications for CDBG-DR funds to restore lost housing stock. RANK 1005 1006 5/12/2017 Top 50 Affordable Housing Developers of 2016| Housing Finance Magazine | Developers, Affordable Housing, Leadership, 2016 AHF 50 http://www.housingfinance.com/management­operations/top­50­affordable­housing­developers­of­2016_o 1/9 Get AHF news in your inbox. Subscribe NEWS MANAGEMENT & OPERATIONS FINANCE POLICY & LEGISLATION DEVELOPMENTS AHF 50 READERS' CHOICE AWARDS HALL OF FAME YOUNG LEADERS HOME > MANAGEMENT & OPERATIONS > TOP 50 AFFORDABLE HOUSING DEVELOPERSOF 2016MANAGEMENT & OPERATIONS Posted on: April 11, 2017  0 Like 588 903 1K AFFORDABLE HOUSING FINANCETop 50 Affordable Housing Developers of 2016 The NRP Group tops the list after starting construction on 1,798 units last year. RANK (VS. 2015) COMPANY INFO EXECUTIVE CONTACT 2016 STARTS/COMPLETIONS REGION(S) ORG. TYPE 1 (9) THE NRP GROUP 5309 Transportation Blvd.; Cleveland, OH 44125 (216) 475-8900 | www.nrpgroup.com The NRP Group tops the developers list after starting construction on eight new affordable housing projects with 1,798 units in 2016. J. David Heller, CEO 1,798 / 550 MW, NE, SC, SE For-profit 2 (19) THE MICHAELS ORGANIZATION 3 E. Stow Road, Suite 100; P.O. Box 994; Marlton, NJ 08053 (856) 596-3008 | www.themichaelsorg.com Michaels doubled its pipeline and opened new offices in Colorado and Texas last year. John O'Donnell, president 1,656 / 776 National For-profit 3 (14) MILLER-VALENTINE GROUP 9349 Waterstone Blvd.; Cincinnati, OH 45249 (513) 588-1000 | www.mvg.com In addition to the firm’s affordable housing work, it started construction on four market-rate developments with 967 units in 2016. Brian McGeady, president, MV Affordable Housing Development 1,134 / 419 MW, SC, SE Nonprofit 4 (16) LDG DEVELOPMENT 1469 S. Fourth St.; Louisville, KY 40208 (502) 638-0534 | www.ldgdevelopment.com LDG plans for another strong year in 2017, anticipating starting seven new developments with almost 1,200 units. Chris Dischinger and Mark Lechner, co-owners 1,060 / 0 MW, SC, SE For-profit 5 (6) THE PACIFIC COS. 430 E. State St., Suite 100; Eagle, ID 83616 (208) 461-0022 | www.tpchousing.com The Pacific Cos. had the most affordable-unit starts in its history last year, with 976 units in 10 developments. Caleb Roope, president and CEO 976 / 298 W For-profit Assessing a Cloudy LIHTC Market Trump’s Tax Reform Outline Gets White... Top 50 Affordable Housing Developers of 2015 Patenaude Nominated for HUD Deputy Secretary TRENDING 1007 5/12/2017 Top 50 Affordable Housing Developers of 2016| Housing Finance Magazine | Developers, Affordable Housing, Leadership, 2016 AHF 50 http://www.housingfinance.com/management­operations/top­50­affordable­housing­developers­of­2016_o 2/9 RANK (VS. 2015) COMPANY INFO EXECUTIVE CONTACT 2016 STARTS/COMPLETIONS REGION(S) ORG. TYPE 6 (22) DOMINIUM 2905 Northwest Blvd., Suite 150; Plymouth, MN 55441 (763) 354-5500 | www.dominiumapartments.com Dominium closed six new-construction deals totaling nearly 1,000 units last year. Paul Sween and Armand Brachman, managing partners 968 / 306 MW, SC, SE, W For-profit 7 (4) PENNROSE PROPERTIES 1301 N. 31st St.; Philadelphia, PA 19121 (267) 386-8600 | www.pennrose.com The firm plans to complete 14 affordable housing developments with over 1,000 units in 2017. Mark H. Dambly, president 929 / 649 MW, NE, SC, SE For-profit 8 (1) PEDCOR COS. 1 Pedcor Square, 770 Third Ave., S.W.; Carmel, IN 46032 (317) 587-0320 | www.pedcorcompanies.com Pedcor continued to increase its overall development activities last year, completing 1,012 affordable housing units in five projects. Phillip J. Stoffregen, COO and executive vice president 880 / 1,012 MW, SC, SE, W For-profit 9 (7) THE WODA GROUP 229 Huber Village Blvd., Suite 100; Westerville, OH 43081 (614) 396-3200 | www.www.wodagroup.com The firm is poised to start 14 affordable housing developments with 755 units in 2017. Jeffrey Woda and David Cooper Jr., co- principals 839 / 778 MW, NE, SE For-profit 10 (17) GORMAN & CO. 200 N. Main St.; Oregon, WI 53575 (608) 835-3900 | www.gormanusa.com In 2016, Gorman increased its started developments by two projects and 392 units over the prior year. Tom Capp, COO 776 / 470 National For-profit 11 (3) HERMAN & KITTLE PROPERTIES 500 E. 96th St., Suite 300; Indianapolis, IN 46240 (317) 805-1980 | www.hermankittle.com Herman & Kittle closed two large new-construction 4%/tax-exempt bond transactions in 2016, the first time in about 10 years. Jeffrey Kittle, president and CEO 707 / 792 National For-profit 12 (2) McCORMACK BARON SALAZAR 720 Olive St., Suite 2500; St. Louis, MO 63101 (314) 621-3400 | www.mccormackbaron.com The firm closed two major demonstration mixed- income, mixed-finance developments in Puerto Rico last year. Vince R. Bennett, president 688 / 791 National For-profit 13 (11) RELATED CALIFORNIA 18201 Von Karman Ave., Suite 900; Irvine, CA 92612 (949) 660-7272 | www.relatedcalifornia.com Related California closed financing and commenced construction on 13 developments in 2016. Frank Cardone, president 679 / 277 W For-profit 1008 5/12/2017 Top 50 Affordable Housing Developers of 2016| Housing Finance Magazine | Developers, Affordable Housing, Leadership, 2016 AHF 50 http://www.housingfinance.com/management­operations/top­50­affordable­housing­developers­of­2016_o 3/9 RANK (VS. 2015) COMPANY INFO EXECUTIVE CONTACT 2016 STARTS/COMPLETIONS REGION(S) ORG. TYPE 14 (new) COLUMBIA RESIDENTIAL 1718 Peachtree St., N.W., Suite 684; Atlanta, GA 30309 (404) 419-1432 | www.columbiares.com The firm closed the first Rental Assistance Demonstration program transaction for the Atlanta Housing Authority last year. Noel Khalil and Jim Grauley, principals 648 / 268 SC, SE For-profit 15 (31) CHELSEA INVESTMENT CORP. 6339 Paseo Del Lago; Carlsbad, CA 92011 (760) 456-6000 | www.chelseainvestco.com Chelsea plans to complete its 100th development and start its 10,000th unit this year. Cheri Hoffman, president 613 / 239 W For-profit 16 (18) L+M DEVELOPMENT PARTNERS 1865 Palmer Avenue, Suite 203; Larchmont, NY 10538 (914) 833-3000 | www.lmdevpartners.com The firm made a major push into the New Jersey market last year, with the completion of Hahne’s, a vacant historic department store, in Newark. Lisa Gomez, COO 573 / 683 NE, SC, W For-profit 17 (new) RPM DEVELOPMENT GROUP 77 Park St.; Montclair, NJ 07042 (973) 744-5410 | www.rpmdev.com The firm closed on the largest project in its history in 2016, a 186-unit, mixed-use development in Monmouth County, N.J. Edward Martoglio, president 570 / 109 NE For-profit 18 (10) MERCY HOUSING 1999 Broadway, Suite 1000; Denver, CO 80202 (303) 830-3300 | www.mercyhousing.org The nonprofit opened 55 Laguna, San Francisco’s first affordable, LGBT-welcoming housing, in fall 2016. Jane Graf, president and CEO 559 / 315 National Nonprofit 19 (8) RISE RESIDENTIAL CONSTRUCTION 16812 Dallas Parkway; Dallas, TX 75248 (972) 701-5558 | www.rise-residential.com Rise completed its 15th year in business in 2016, starting three affordable housing developments with 552 units. Melissa Fisher, president 552 / 512 SC For-profit 20 (new) ST. ANTON COMMUNITIES 1801 I St., Suite 200; Sacramento, CA 95811 (916) 471-3000 | www.antoncap.com The firm plans to develop 750 to 1,100 transit-oriented mixed-income, market-rate, and affordable housing units throughout Silicon Valley and the Sacramento region in 2017. Peter Geremia, owner 480 / 35 W For-profit 21 (New) FITCH IRICK PARTNERS 1714 East Blvd.; Charlotte, NC 28203 (704) 335-9112 | www.flatirondevelopment.com The firm’s goal for 2017 is to develop 400 new units of affordable housing. Hollis M. Fitch, CEO 436 / 108 SE For-profit 1009 10/21/2016 Top 50 Affordable Housing Developers of 2015| Housing Finance Magazine | Developers, Affordable Housing, 2015 AHF 50 http://www.housingfinance.com/management­operations/top­50­affordable­housing­developers­of­2015_o 1/10 Get AHF news in your inbox. Subscribe NEWS MANAGEMENT & OPERATIONS FINANCE POLICY & LEGISLATION DEVELOPMENTS AHF 50 READERS' CHOICE AWARDS HALL OF FAME YOUNG LEADERS HOME > MANAGEMENT & OPERATIONS > TOP 50 AFFORDABLE HOUSING DEVELOPERSOF 2015MANAGEMENT & OPERATIONS Posted on: April 18, 2016  0 Like 417 524 941 Top 50 Affordable Housing Developers of 2015 Indiana-based Pedcor Cos. tops the list after starting construction on 1,070 units last year. RANK (VS. 2014) COMPANY INFO EXECUTIVE CONTACT 2015 STARTS/COMPLETIONS REGION(S) ORG. TYPE 1 (new) Pedcor Cos. 1 Pedcor Square, 770 3rd Ave., S.W.; Carmel, IN 46032 (317) 587-0320 • www.pedcorcompanies.com Pedcor Cos., a longtime affordable housing provider, tops the developers list after starting construction on six new projects with 1,070 units in 2015. Phillip J. Stoffregen, COO and executive vice president 1,070 / 92 MW. SC, SE, W For-profit 2 (4) McCormack Baron Salazar 720 Olive St., Suite 2500; St. Louis, MO 63101 (314) 621-3400 • www.mccormackbaron.com Last year, the firm secured a major contract to redevelop three public housing sites into mixed- income communities in Puerto Rico. Vince R. Bennett, president 829 / 386 National For-profit 3 (27) Herman & Kittle Properties 500 E. 96th St., Suite 300; Indianapolis, IN 46240 (317) 805-1980 • www.hermankittle.com The firm added new-construction bond deals back into its pipeline in addition to 9% low-income housing tax credit (LIHTC) deals. Jeffrey Kittle, president and CEO 792 / 638 National For-profit 4 (5) Pennrose Properties 1301 N. 31st St.; Philadelphia, PA 19121 (267) 386-8600 • www.pennrose.com Pennrose started construction on 10 affordable housing developments in 2015 and recently opened a Boston office. Mark H. Dambly, president 688 / 461 MW, NE, SE For-profit Top 50 Affordable Housing Developers of 2015 Regions Bank Acquires First Sterling... Industry Catalysts: AHF's 2016 Young Leaders Developer Pools 24 Florida Properties in... TRENDING 1010 10/21/2016 Top 50 Affordable Housing Developers of 2015| Housing Finance Magazine | Developers, Affordable Housing, 2015 AHF 50 http://www.housingfinance.com/management­operations/top­50­affordable­housing­developers­of­2015_o 2/10 RANK (VS. 2014) COMPANY INFO EXECUTIVE CONTACT 2015 STARTS/COMPLETIONS REGION(S) ORG. TYPE 5 (3) Conifer Realty 1000 University Ave., Suite 500; Rochester, NY 14607 (585) 324-0500 • www.coniferllc.com Conifer projects starting as many as 13 new developments this year after starting eight projects in 2015. Timothy D. Fournier, president and CEO 617/ 707 MW, NE For-profit 6 (10) The Pacific Cos. 430 E. State St., Suite 100; Eagle, ID 83616 (208) 461-0022 • www.tpchousing.com The Pacific Cos. completed 935 affordable and market- rate units, the largest number in company history, in 2015. Caleb Roope, president and CEO 561 / 689 W For-profit 7 (6) The Woda Group 229 Huber Village Blvd., Suite 100; Westerville, OH 43081 (614) 396-3200 • www.wodagroup.com In addition to the firm's affordable housing work, it completed a 120-bed student housing project in Columbia, S.C., last year. Jeffrey Woda and David Cooper Jr., co- principals 552 / 774 MW, NE, SE For-profit 8 (7) Rise Residential Construction 16812 Dallas Parkway; Dallas, TX 75248 (972) 701-5558 • www.rise-residential.com Formerly Odyssey Residential Construction, the firm is now known as Rise Residential Construction. Melissa Adami, president 495 / 708 SC, W For-profit 9 (2) The NRP Group 5309 Transportation Blvd.; Cleveland, OH 44125 (216) 475-8900 • www.nrpgroup.com After starting construction on three affordable housing developments in 2015, the firm plans to start seven this year. J. David Heller and T. Richard Bailey, partners 485 / 1487 National For-profit 10 (20) Mercy Housing 1999 Broadway, Suite 1000; Denver, CO 80202 (303) 830-3300 • www.mercyhousing.org Mercy created regional real estate strategies that build concentration and commitment aimed at improving neighborhoods. Jane Graf, president and CEO 481 / 436 National Nonprofit 11 (14) Related California 18201 Von Karman Ave., Suite 900; Irvine, CA 92612 (949) 660-7272 • www.relatedcalifornia.com Related California, which started four projects last year, has separated its affordable and market-rate housing divisions. Frank Cardone, president, Related California Affordable 438 / 261 W For-profit 1011 1012 Affordable Markets at 50% Median Household Income Median Household Income in Denton in 2019 was $56,489. Visible areas had median sales prices less than 3x 50% of median income (i.e., $84,734). 1013 Affordable Markets at 80% Median Household Income Median Household Income in Denton in 2019 was $56,489. Visible areas had median sales prices less than 3x 80% of median income (i.e., $135,574). 1014 Affordable Markets at 100% Median Household Income Median Household Income in Denton in 2019 was $56,489. Visible areas had median sales prices less than 3x 100% of median income (i.e., $169,467). 1015 Affordable Markets at 120% Median Household Income Median Household Income in Denton in 2019 was $56,489. Visible areas had median sales prices less than 3x 120% of median income (i.e., $203,360). 1016 Affordable Markets at 200% Median Household Income Median Household Income in Denton in 2018 was $56,489. Visible areas had median sales prices less than 3x 200% of median income (i.e., $338,934). 1017 Workforce Housing Needs 1018 Workforce Housing Needs “Affordable Housing” in its simplest definition is housing that costs no more than 30% of your income. We reviewed wages for hundreds of occupations in the Dallas MSA and compared this to Denton’s average rent for a one-bedroom unit and average home sale prices for 2020. Based on this data, many essential workers cannot afford the average-priced one-bedroom unit. This includes retail clerks, child care workers, clergy and religious workers, and mail carriers. Equally alarming, many young professionals cannot afford to buy a home, and may seek housing elsewhere that offers more affordable housing options. This is not just a function of pricing, but a result of limited housing options for sale (including condos and townhomes) that can meet the demands of singles and small families. The incomes reported here are for the 25th percentile for the Dallas Metro Area to reflect salaries for new hires. 1019 What is the maximum rent that can be considered affordable for necessary workers? $0 $200 $400 $600 $800 $1,000 $1,200 Average Rent for 1-BR = $1,031 Source: Atria Planning using Rainmaker Insights average rents July 2020 and U.S. Bureau of Occupation and Wage Statistics, 2019 using Dallas MSA wages at the 25th Percentile. 1020 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING TX LEGACY DENTON, LP’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE LEGACY IN DENTON APARTMENTS TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN AN AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the TX Legacy Denton, LP ("Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located at 4298 E. McKinney, Denton, TX 76208 to be named The Legacy in Denton Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit A (the " Fee Reduction Letter"), committing to provide a development fee reduction in an amount of $ 500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 3. The City affirms its commitment to provide Applicant with fee reductions in a total amount of $500.00 in connection with the development of the Project conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. SECTION 4. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. 1021 SECTION 5. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 6. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 1022 Exhibit A City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Jack Traeger TX Legacy Denton, LP 17304 Preston Road, Suite 800 Dallas, TX 75248 RE: Commitment of Development Funding by Local Political Subdivision for TX Legacy Denton, LP for the proposed new construction of The Legacy in Denton Apartments located at 4298 E. McKinney, Denton, TX 76208, in Denton, City of Denton, Denton County, Texas Dear Mr. Traeger, The City affirms commitment to TX Legacy Denton, LP (the Applicant) for The Legacy in Denton Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1023 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Jack Traeger TX Legacy Denton, LP 17304 Preston Road, Suite 800 Dallas, TX 75248 RE: Commitment of Development Funding by Local Political Subdivision for TX Legacy Denton, LP for the proposed new construction of The Legacy in Denton Apartments located at 4298 E. McKinney, Denton, TX 76208, in Denton, City of Denton, Denton County, Texas Dear Mr. Traeger, The City affirms commitment to TX Legacy Denton, LP (the Applicant) for The Legacy in Denton Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1024 The Legacy in Denton9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.1025 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1672COMMUNITY SERVICES1026 FEBRUARY 01, 2022 ‐ ID 22‐1673MAPProject Location Map4298 E. McKinney, Denton, TX 76208COMMUNITY SERVICES1027 FEBRUARY 01, 2022 ‐ ID 22‐1674MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius Map4298 E. McKinney, Denton, TX 762081028 FEBRUARY 01, 2022 ‐ ID 22‐1675COMMUNITY SERVICES±16.1 ACRESCURRENT ZONING: o(R7) ‐ Residential 7. Specific Use Permit (SUP) required. SUP Approved by City Council (05/04/21, S20‐0008b)TAX STATUS: oExempt. The property will not be paying property taxes.PROJECTTHE LEGACY IN DENTON1029 INCOME RESTRICTIONS:Incomes between 30% and 60% AMIPROJECTED UNITS/RENTS:$446‐ $1,302 per monthFEBRUARY 01, 2022 ‐ ID 22‐1676COMMUNITY SERVICESPROJECTTHE LEGACY IN DENTON40 years1030 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1677COMMUNITY SERVICES1031 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-168,Version:1 Consider approval of a resolution of the City of Denton supporting NuRock Development Partners,Inc.’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Residences at Parkview to provide affordable rental housing;committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™1032 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting NuRock Development Partners, Inc.’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of the Residences at Parkview to provide affordable rental housing; committing to provide fee reductions in the amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 1033 The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - PROJECT Figure 1 – Location map  Project Type: General, New Construction  Applicant: NuRock Acquisition, LLC  Location: Farm to Market Rd 1830 Denton, TX 76210. There are no multi-family developments within two miles of the proposed site.  City Council District: 4 1034  Current Zoning: (R2) Residential 2. Development will be requesting Zoning change to (R4) Specific Use Permit (SUP) required and use-specific standards apply.  Taxable Status of the Development: The property will be paying property taxes.  Proposed Tenant Population: Proposed housing will provide affordable housing to individuals and families. Figure 3 – Unit Mix  Proposed Total Units: 60 affordable units.  Proposed Unit Income Breakdown: A mixed-income development, the proposed development currently includes income bands of 30% AMI, 50% AMI, 60% AMI and 70% AMI  Proposed Unit Sizes: One, two, and three-bedroom units between 1,075 – 1,275 square feet.  Projected Rents: $391-$1,200 per month Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1. Approve a Resolution of Support as presented 2. Do Not Approve the Resolution of Support 3. Postpone to a date certain to allow for further deliberation EXHIBITS 1. Agenda Information Sheet 2. Application for a Resolution of Support 3. Draft Resolution of Support 4. Draft Fee Reduction Letter 5. Presentation Respectfully submitted: Dani Shaw Director of Community Services 1035 City of Denton Housing Tax Credit (HTC) – Request for Support For: Denton Parkview Housing Partners, LP (TBF) On behalf of the NuRock Development Partners, Inc. Residences at Parkview Submitted to: City of Denton Community Services 401 N. Elm Street – Denton, Texas 76201 Email: community.development@cityofdenton.com Submitted by: Christian Garcia The NuRock Companies 600 W 6th Street 4th Floor, Suite 472 Fort Worth, TX 76102 678-862-5941 1036 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support Stating No Objection Is the property:New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2.APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #:Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%*70% Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 31037 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; Letter of support and/or opposition from the school district(s) (if project will be tax exempt); Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 3 We specifically develop tax credit development properties. The partnership has not been formed or identified. 1038 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using the e‐mail addresses provided, of the meeting dates as soon as they are scheduled. CERTIFICATION February, 2022: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 2022: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 31039 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Housing Tax Credit Projects Developed by NuRock Companies 1040 TEXAS NuRock Communities Texas Project Description Location Units Date Type Eagles Landing 8000 Decker Lane Austin, TX 78724 240 2002 Family Heritage Pointe 1950 Webberville Road Austin, TX 78721 240 2002 Senior Residences at Diamond Hill 3601 Deen Road, NE Ft. Worth, TX 76106 204 2003 Family Tower Ridge 2560 Tower Ridge Road Corinth, TX 76210 224 2005 Family Sunset Pointe 5400 Sycamore School Road Ft. Worth, TX 76123 224 2006 Family Residences at Onion Creek 810 E. Slaughter Lane Austin, TX 78748 224 2007 Family Residences at Eastland 5500 Eastland Street Ft. Worth, TX 76119 146 2008 Family Heritage Park Vista 8729 Ray White Road Ft. Worth, TX 76244 140 2010 Senior Residences at Buttercup 3828 Stalcup Road Ft. Worth, TX 76119 92 2010 Family Residences at Earl Campbell 2323 Frankston Highway Tyler, TX 75701 92 2015 Family 1041 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist a. Preliminary Site Plan 1042 Preliminary Site Plan FM 1830, Denton, TX 76210 Legend FM 1830 Denton County, Denton, TX 76210 900 ft N➤➤N Image Landsat / Copernicus Image Landsat / Copernicus Image Landsat / Copernicus 1043 FM 1830 TOWNHOMES Denton, TX 12.17.2021 N 0 50’ 1” = 100’-0” 100’200’SITE PLAN 1044 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist b. Location map “all” multi-family developments highlighting affordable housing within two miles of the proposed site There are no multi-family developments within two miles of the proposed site. 1045 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist c. Census tract map with site identified 1046 1/4/22, 1:10 PM 2021 and 2022 Small DDAs and QCTs | HUD USER https://www.huduser.gov/PORTAL/sadda/sadda_qct.html 1/2 QCT Legend: Tract Outline LIHTC Project 2022 Qualified Census Tracts SADDA Legend: FMR Boundary ZCTA Boundary 2022 Small DDA Part DDA Non Metro DDA The 2022 Qualified Census Tracts (QCTs) and Difficult Development Areas (DDAs) are effective January 1, 2022. The 2022 designations use data from the 2010 Decennial census. The designation methodology is explained in the federal Register notice published September 9, 2021 Go Select a State Go Map Options : | | Hide the overview Map Options 13Current Zoom Level Show Difficult Development Areas (Zoom 7+) Color QCT Qualified Tracts (Zoom 7+) Show Tracts Outline (Zoom 11+) Show FMR Outlines (Zoom 4+) Show LIHTC Projects (Zoom 11+) Select Year 2022 2021 Sanders Rd. and Country Club Rd., Denton, Select a County Clear Reset Full Screen Click here for full screen map Report a map errorMap data ©2022 Google 1.8K About PD&R PD&R Misssion Organization Chart PD&R Events HUD Secretary's Awards Reference Contact Us eBookstore HUDUser Archives Webstore Research Case Studies Datasets Periodicals Regulatory Barriers Clearinghouse Reports ABOUT PD&R RESEARCH & PUBLICATIONS DATASETS PD&R STUDIES QUICK LINKS EVENTS 1047 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist d. Letter of zoning verification or status of rezoning request from the City 1048 Department of Development Services / Planning Division 401 N. Elm Street, Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 1/5/2022 Christian Garcia 600 W. 6th Street Fort Worth, TX 76102 SUBJECT: ZV22-0006, FM 1830, Denton TX Christian Garcia: This letter is to confirm that the zoning classification for the above subject property, commonly known as FM 1830, Denton, Texas is (R2) Residential 2. The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: PHYSICAL ADDRESS: FM 1830, Denton TX ZONING DISTRICT: (R2) Residential 2 ZONING ORDINANCE: DCA18-0009, May 10, 2019 PROPERTY TAX ID: R# 38958 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Andy Zamudio Andy Zamudio Project Manager Attachments: Location Map City Ordinance 1049 FM1830, Denton, TX 1050 FM1830, Denton, TX 1051 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist e. Support and/or opposition from community 1052 Notifications Jamie Wilson Superintendent DISD Doug Chadwick Board of Trustee ‐ President DISD Gerald Hudspeth Mayor City of Denton Vicki Byrd District 1 Council Member City of Denton Brian Beck District 2 Council Member City of Denton Jesse Davis District 3 Council Member City of Denton Alison Maguire District 4 Council Member City of Denton Deb Armintor At‐Large Place 5 Council Member City of Denton Paul Meltzer Mayor Pro Tem City of Denton Ryan Williams Commissioner Precinct 1 Denton County Commissioners Court Ron Marchant Commissioner Precinct 2 Denton County Commissioners Court Bobbie J.Mitchell Commissioner Precinct 3 Denton County Commissioners Court Dianne Edmondson Commissioner Precinct 4 Denton County Commissioners Court Andy Eads County Judge Denton County Tracy Murphree County Sheriff Denton County Paul Johnson Criminal District Attorney Denton County Michelle French County Tax‐Assessor‐Collector Denton County Juli Luke County Clerk Denton County David Trantham District Clerk Denton County Sue Melton‐Malone SBOE Member ‐ District 14 State Board of Education Tan Parker Texas House District ‐ 63 Texas House of Representative Lynn Stucky Texas House District ‐ 64 Texas House of Representative Jane Nelson Texas Senate District ‐ 12 Texas State Senate Drew Springer Texas Senate District ‐ 30 Texas State Senate *No feedback received for the proposed development at this time. 1053 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist f. TDHCA self-score 1054 Nurock Companies HTC Selfscore Available Selected 66 99 22 17 17 Available Selected 16 15 13 11 11 11 77 55 33 66 00 61 58 Available Selected 17 17 11 10 10 44 88 44 00 44 44 Available Selected 26 26 12 12 66 33 44 00 11 11 53 53 00 175 172 Efficient Use of Limited Resources and Applicant Accountability Total Point Deductions §11.9(f) Total Application Self Score Right of First Refusal §11.9(e)(7) Funding Request Amount §11.9(e)(8) Extended Affordability §11.9(e)(5) §11.9(e)(6) Pre-application Participation §11.9(e)(3) Leveraging of Private, State, and Federal Resources §11.9(e)(4) Historic Preservation Financial Feasibility §11.9(e)(1) Cost of Development per Square Foot §11.9(e)(2) Community Support and Engagement Total Criteria Promoting the Efficient Use of Limited Resources and Applicant Accountability Point Item Description QAP Reference Input from Community Organizations §11.9(d)(6) Concerted Revitalization Plan §11.9(d)(7) Quantifiable Community Participation §11.9(d)(4) Community Support from State Representative §11.9(d)(5) Commitment of Development Funding by Local Political Subdivision §11.9(d)(2) Declared Disaster Area §11.9(d)(3) Point Item Description QAP Reference Local Government Support §11.9(d)(1) Readiness to Proceed in Disaster Impacted Counties §11.9(c)(8) Serve and Support Texans Most in Need Total Criteria Promoting Community Support and Engagement Residents with Special Housing Needs §11.9(c)(6) Proximity to Job Areas §11.9(c)(7) Opportunity Index Underserved Area §11.9(c)(5) Rent Levels of Residents Resident Services §11.9(c)(3) Point Item Description QAP Reference Income Levels of Residents Sponsor Characteristics §11.9(b)(2) High Quality Housing Total Criteria to Serve and Support Texans Most In Need Unit Sizes §11.9(b)(1)(A) Unit and Development Features §11.9(b)(1)(B) Competitive Housing Tax Credit Selection Self‐Score‐10 TAC §11.9 This form will self‐populate based on scoring selections made throughout the Application.  Applicant should refer to this form to ensure that scoring  Criteria Promoting Development of High Quality Housing Point Item Description QAP Reference 1055 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist g. Describe tenant population(s), restrictions and supportive service demonstrated 1056 Community and Social Services for Residents The approximately tenant population, in the proposed site census tract (481210213.04) is 5,350. The area median income in Denton County, Texas is $89,000. Our proposed housing will provide affordable housing to individuals and families earning between 30% and 80% AMI. Some of the resources and supportive services available to our residents are as follows: Distance from site (miles) Grocery Stores & Pharmacy Walmart Neighborhood Market 1.7 Sprouts Farmers Market 3.3 Kroger 3.4 Schools Ryan Elementary (EE - 5th Grade)0.5 McMath Middle School (6th - 8th Grade)1.8 Denton Guyer High School (9th - 12th Grade)3.0 Day Care The Learning Experience 2.4 Terry's Treehouse Learning Center 2.6 Denton Country Day School 2.9 Library South Branch Library 2.6 Public Parks South Lakes Park 1.7 Lake Forest Park 2.1 Cross Timber Park 2.2 Social Service Organizations Texas Department of Human Services 3.4 United Way of Denton County - Information & Referral Services Hospital/Healthcare Services Mayhill Hospital (Mental Health Clinic)4.3 Family Health Care of Denton 4.3 Medical City Denton 3.7 Nonprofit Organizatons Denton Young Life (Christian ministry that reaches out to middle school, high school, and college students)2.5 Denton Freedom House Food Pantry (Food assistance )2.0 Salvation Army (Works to address the startling realities of addiction, homelessness, and poverty)5.5 Urgent Care Minute Clinic 2.4 Minor Emergency of Denton 3.1 Resources 1057 Supportive Services: •Min. 12 hours/week organized on-site K-12 programming (e.g. tutoring, after school and summer care, etc.) •Min. 4 hours/week organized onsite classes for adults (e.g. GED, ESL, financial literacy, etc.) •Annual income tax preparation •Food pantry accessible to residents (on site or via on-request transportation) •Annual health fair •Weekly exercise class •Notary services for tenants •Part-time resident services coordinator (min. 15 hours/week) or contract for same through local provider Restrictions: •Income Based •Population Served: General 1058 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist h. Basic amenities and unit amenities for this project 1059 Basic Amenities and Unit Amenities for Proposed Development Property Amenities •Secured gate entry •Swimming Pool •Barbecue Areas •Firepits •Gym/Fitness Centers •Community Clubhouse •Playground In-Unit Amenities •All Bedrooms, the dining room and living room in units will be wired with current cabling technology for data and phone; •Laundry connections; •Exhaust/vent fans (vented to the outside) in the bathrooms; •Screens on all operable windows; •Disposal and Energy-Star or equivalently rated dishwasher •Energy-Star or equivalently rated refrigerator with icemaker; •Self-cleaning or continuous cleaning ovens •Blinds or window coverings for all windows; •At least one Energy-Star or equivalently rated ceiling fan per Unit; •Energy-Star or equivalently rated lighting in all Units; •All areas of the Unit (excluding exterior storage space on an outdoorpatio/balcony) will have heating and air-conditioning; •Adequate parking spaces consistent with local code, •Energy-Star or equivalently rated windows •Adequate accessible parking spaces consistent with the requirements of the 2010 ADA Standards •Nine-foot ceilings in living room and all Bedrooms (at minimum) •Breakfast Bar/ Kitchen Island •Walk-in closets •Natural stone or quartz countertops in kitchen and bath •Hard floor surfaces •Thirty-year roof •Greater than 30% stucco or masonry on all building exteriors •15 SEER HVAC 1060 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist i. Project’s quality of design and construction 1061 Project’s Quality Design and Construction As home and rent prices continue to rise throughout the country, and the cost of living continues to go up, the importance of affordable housing has perhaps never been greater. Below, we’re going to discuss the current problem with the state of housing in the U.S. and ways in which thoughtful design in affordable housing construction makes a big difference. In past years, the HUD IAH (Innovation in Affordable Housing) had developers focused on re-imaging the way they planned for, designed, and built affordable housing. The NuRock Companies will utilize many of the following criteria in design and construction of our proposed development. Environmental •Durable: Long lasting/low maintenance requirements. •Healthy: Design for occupant health, safety, and psychological well-being. •Energy and Water Efficient: Design for low-energy and low-water use requirements. •Resource Efficient: Efficient use of materials; rapidly renewable materials; recycled content/recyclable. •Low-impact: Design that either enhances or does not significantly diminish environmental quality. •Resilient: Design and construction of buildings that resist natural and man- made hazards and provide for the protection of life, safety, and security of all residents. •Life Cycle Assessment: Technique to assess environmental impacts of a product over all stages of its life. Financial •Funding: Primary sources contributing to financial pro forma; understanding rules, regulations, and guidelines. •Leveraging: Secondary sources making use of or combining various financial instruments, such as tax credits, to increase the potential return of an investment. •Cash Flow: Explore all potential funding sources and create alternative or innovative financing plans. •Affordable: Determine cost effective measures to construct and operate over the long term. 1062 •Initial Capital Cost: Fixed, one-time expenses associated with development. •Operations and Maintenance: Day-to-day activities required to ensure that the building, systems, and equipment perform as intended. •Design for Replacement: Ease of replacing systems, equipment, or building components as they wear or fail. •Infrastructure Longevity: Design to remain serviceable well beyond financing term. Social •Neighborhood: Allowing for and encouraging social interaction among residents of a distinct community and within the wider surrounding community. •Access to Employment and Services: Provide or make use of existing transportation networks to link the site with commercial centers. •Accessible: Readily usable by individuals with varying degrees of physical ability. •Sense of Community: Emotional connections wherein residents care about the community, value their relationships to community and its members, and are invested in the future of the community. Social Networking: The ability to connect with people and places, including access to amenities, health care, and supportive services, contributes to overall well-being, helps to lower the risk of isolation, and enhances independence. •Sense of Place: Creating an imageable perception of a unique or special place. •Sense of Control and Comfort: Engendering individual ownership of place to promote physical and emotional well-being. Erick Williams, Director of Pre-Construction of Catalyst Construction introduced thought ways in which affordable housing could be constructed. NuRock Construction will utilize the following three principles as a part of their methods in construction. Fit In with the Community The design phase is a crucial step in the affordable housing construction process, as the new building really needs to fit right in with the existing community. Understanding the community’s wants and needs in a construction project can make the difference between a new building that complements your community or an out- 1063 of-place structure. Specifically, things like building shape, appearance, location, and even community landscaping need to be considered. Additionally, it’s important to pinpoint early in the process who the anticipated occupants of the development will be, as this should affect the design. The household needs of a growing young family are vastly different than the needs of elderly empty nesters. Defining these needs at early stages of the project will help you in aligning your project with the community and the people who will eventually reside in it. Visual Complexity Affordable housing doesn’t equate to cheap construction. The façade of a building is really its public image and identity. Design considerations like variations in height, color, materials, and texture can all go a long way in making low-income communities fit in with the surrounding area but also look attractive to new tenants. Go Green (Always) Sustainable construction should always be considered, regardless of the building being constructed. Finding ways to reduce CO2 emissions or general construction waste during the build are an important part of Catalyst’s new build plan. 1064 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Project Narrative & Attachment Checklist j. Project’s compatibility and alignment with the City’s Comprehensive Plan and Future Land Use Map. 1065 Project’s Compatibility with City’s Comprehensive Plan The Denton Plan 2030 is the long-range plan for growth, development, and redevelopment. It is based on local conditions and trends and coordinates the efforts of many different aspects of a community, such as land use, transportation, community facilities, and natural resources. In the plan under the Housing and Neighborhood Overview, the plan proposes by 2030, that housing and neighborhood choices expand and diversify, guided by policies influenced by partnerships with neighborhood organizations, major employers, non-profits, and development interests. Some of the below key priorities stated within in the plan will align with our proposed project potential to expand the affordable housing stock in Denton, Texas. Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special needs With the rising income inequality, combined with high housing costs, and a shortage of affordable rental housing across the state and in Denton, it has created a significant financial burden for growing numbers of working families, especially those of low- income workers. Recently, the COVID-19 pandemic and related shutdowns and layoffs as increased this problem. Low and mid wage workers incurred a loss of income due to the pandemic. Seventy percent of all extremely low-income families are severely cost-burdened, paying more than half their income on rent. This development will provide 60 single family homes that will be marketed to households earning 30 – 80 percent AMI. This housing will provide families safe, quality, affordable housing; allow their children to do better in school because they are not experiencing unwanted moves due to rising house cost, and the additional funds to cover childcare, healthcare, and food. Support expanded opportunities for home ownership to encourage neighborhood stability and reduce blight. Homeownership is also a critical part of the housing stock and can be a stable and affordable option when the mortgage terms and home price are within reach of a family’s budget. For many working families, homeownership represents the American Dream. This development will consist of 60 single-family homes. NuRock will establish a “right of first refusal” policy that will offer existing residents the option to purchase their rental home upon the end of the 15-year compliance period. This type of homeownership to encourages housing stock and can be a stable and affordable option when the mortgage terms and home price are within reach of a family’s budget. From a community’s perspective, homeowners will provide stability to their neighborhoods in which they are invested and reduce blight. 1066 Future Land Use Map and Future Land Use Designations: By depicting where broad categories of land use should occur, the FLUM serves as a guide in making development and re-zoning decisions. Maintaining existing land use is necessary in order to track land use trends which may influence policies for future land use. For Goal Land Use-6 – Growth with Balance: Establish and use designation that responds to the growing needs and character specifications of the Denton community. Our potential development is in a “low residential” area on the attached Future Land Us Map. We can apply the “Low Density” future land use designation to the development of lower density residential development because we will build 3 units to the acre. However, we’re also going to dedicate the unused portion of the property as a park to the city. This is something the Park Planning Department has already stated interest in. 1067 §¨¦ ") ") ") §¨¦ §¨¦ £¤ £¤ !( §¨¦ §¨¦ £¤ ") £¤ !( ") §¨¦ ") !( £¤ ") £¤ £¤ ") §¨¦ ") £¤ §¨¦ ")I 35I35 WFM 1830I35 E FM 2449 FM 156 NFM 1 1 7 3 N LOOP 288 FM 2164FM 156 SN I 3 5 E FM 2181FM 2450FM 2 1 5 3 S MAYHILL RDDA L L A S D R N E L M S T S LOCUST STN LOCUST STS LOOP 288I 35N LOOP 288S MAYHILL RDN LOCUST STN L O O P 2 8 8I 35N LOOP 288N E L M S TI 35FM 2450I35 WFM 2181 N LOOP 288 FM 1173 I35 WFM 2 4 4 9 I35 WI35 WI3 5 E N LOOP 288 I3 5 EN LOCUST STFM 156 N FM 1173 I35 WFM 2181 N E L M S TFM 156 NFM 2450FM 1173 N LOOP 288S MAYHILL RDI35 EN ELM ST1515 1830 2164 2164 Union PacificKans as C i ty So u t he rnBurlington Northern / Santa Fe2181 2449 288 288 288 377 377 380 380 380 426 426 428 428 77 77 77 I35 I35 I35E I35E I35E I35W I35W I35W Corinth Argyle Krum Northlake Shady Shores Hickory Creek Copper Canyon Ponder Highland Village 0 1 20.5 Miles ¯ Source: City of Denton, November 3, 2014Ordinance No: 2015-026 FUTURE LAND USE MAP Legend Major Roads Future Roadway Proposed Lakeview - Post Oak Municipal Boundary Surrounding Municipalities ETJ MPC Boundary Future Land Use Designations Residential Rural Areas Low Residential Moderate Residential Mixed Use Downtown Denton Downtown Compatibility Area Regional Mixed-Use Community Mixed-Use Neighborhood Mixed-Use Neighborhood / University Compatibility Area Business Innovation Non-Residential Commercial Industrial Commerce Government / Institutional Parks / Open Space L a k e L e w i s v i l l e L a k e L e w i s v i l l eFM 2164FM 2153FM 4 5 5 E FM 2153FM 2153FM 2153FM 2153 FM 455 EL a k e R a y R o b e r t s Sanger AubreyNorth Denton Area Inset See North Denton Area Inset Map Revised June 19, 2017 1068 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Financial Narrative & Attachment Checklist a. Project pro forma 1069 Project Owner: Address: Email: Phone: Contact Name: 2022 9% Housing Tax Credit Financial Model The Nurock Companies Development Name:Residences at Parkview Residences at Region 3, LP Farm to Market Rd 1830 Denton, TX 76210 Christian Garcia (678)862-5941 cgarcia@nurock.com 1070 Residences at Denton Number of Household Members 1 2 3 4 5 6 7 8 20 12,460$ 14,240$ 16,020$ 17,800$ 19,240$ 20,660$ 22,080$ 23,500$ 30 18,690$ 21,360$ 24,030$ 26,700$ 28,860$ 30,990$ 33,120$ 35,250$ 40 24,920$ 28,480$ 32,040$ 35,600$ 38,480$ 41,320$ 44,160$ 47,000$ 50 31,150$ 35,600$ 40,050$ 44,500$ 48,100$ 51,650$ 55,200$ 58,750$ 60 37,380$ 42,720$ 48,060$ 53,400$ 57,720$ 61,980$ 66,240$ 70,500$ 70 43,610$ 49,840$ 56,070$ 62,300$ 67,340$ 72,310$ 77,280$ 82,250$ 80 49,840$ 56,960$ 64,080$ 71,200$ 76,960$ 82,640$ 88,320$ 94,000$ 120 -$ -$ -$ -$ -$ -$ -$ -$ RENT LIMITS Number of Bedrooms 0 1 2 3 4 5 TC 20%$311 $333 $400 $463 $481 $569 TC 30%$467 $500 $600 $694 $774 $854 TC 40%$623 $667 $801 $926 $1,033 $1,139 TC 50%$778 $834 $1,001 $1,157 $1,291 $1,424 TC 60%$934 $1,001 $1,201 $1,389 $1,549 $1,709 TC 70%$1,090 $1,168 $1,401 $1,620 $1,807 $1,994 TC 80%$1,246 $1,335 $1,602 $1,852 $2,066 $2,279 TDHCA INCOME & RENT LIMITS AMFI % AMFI % 1071 Utility Who Energy 0BR 1BR 2BR 3BR 4BR 5BR Heating Tenant Electric $ 15.00 $ 17.00 $ 19.00 $ 22.00 $ 25.00 $27.00 Cooking Tenant Electric $ 5.00 $ 6.00 $ 8.00 $ 10.00 $ 13.00 $16.00 Other Electric Tenant Electric $ 18.00 $ 21.00 $ 29.00 $ 37.00 $ 47.00 $56.00 Air Conditioning Tenant Electric $ 13.00 $ 15.00 $ 21.00 $ 26.00 $ 38.00 $45.00 Water Heater Tenant Electric $ 11.00 $ 13.00 $ 16.00 $ 19.00 $ 24.00 $28.00 Water Landlord Other $ 23 $ 25 $ 47 $ 79 $ 57 64 Sewer Landlord Other $ 41 $ 41 $ 69 $ 107 $ 60 67 Trash Landlord Other Flat Fee Tenant Other Tenant Tenant Paid Utility Allow.126$ 138$ 209$ 300$ 264$ 303$ Residences at Denton UTILITY ALLOWANCES Source of Utility Denton County Denton County Denton County Denton County Denton County Denton County Denton County Denton County Denton County Denton County 1072 Residences at Denton RENT SCHEDULE HTC Units # of Units # of Bed- rooms # of Baths Unit Size (Net Rentable Sq. Ft.) Total Net Rentable Sq. Ft. Program Rent Limit Tenant Paid Utility Allow. Rent Collected /Unit Total Monthly Rent (A)(B)(A) x (B)(E)(A) x (E) TC 20%0 0 1.0 550 0 311 126 185 - Bd Type Units %Total Avg Sqft TC 30%0 0 1.0 550 0 467 126 341 - 0 0 0%0 TC 40%0 0 1.0 550 0 623 126 497 - 1 0 0%0 TC 50%0 0 1.0 550 0 778 126 652 - 2 30 50%1075 TC 60%0 0 1.0 550 0 934 126 808 - 3 30 50%1275 TC 70%0 0 1.0 550 0 1,090 126 964 - 4 0 0%0 TC 80%0 0 1.0 600 1,246 126 1,120 - 5 0 0%0 MR 0 0 1.0 550 0 1,334 0 1,334 - Total 60 100%1175 TC 20%0 1 1.0 650 0 333 138 195 - TC 30%1 1.0 650 0 500 138 362 - AMI % of LI % of Total Total TC 40%0 1 1.0 650 0 667 138 529 - 20%0 TC 50%1 1.0 650 0 834 138 696 - 30%11.7%11.67%7 6 TC 60%1 1.0 650 0 1,001 138 863 - 40%0 TC 70%0 1 1.0 650 0 1,168 138 1,030 - 50%46.7%46.67%28 24 TC 80%1 1.0 650 0 1,335 138 1,197 - 60%20.0%20.00%12 30 MR 0 1 1.0 650 0 1,213 0 1,213 - 70%22%22%13 TC 20%0 2 2.0 1075 0 400 209 191 - 80%0 TC 30%2 2 2.0 1075 2,150 600 209 391 782 HTC LI Total 60 60 TC 40%0 2 2.0 1075 0 801 209 592 - EO 0 TC 50%18 2 2.0 1075 19,350 1,001 209 792 14,256 MR 0 TC 60%5 2 2.0 1075 5,375 1,201 209 992 4,960 MR Total 0 TC 70%5 2 2.0 1075 5,375 1,401 209 1,192 5,960 Total Units 60 TC 80%0 2 2.0 1075 0 1,602 209 1,393 - App Fract.100.00%Max Basis 0.00% MR 0 2 2.0 1075 0 1,456 0 1,456 - 1.3544186 Income Avg.54.00%TDHCA Max 54.0% TC 20%0 3 2.0 1275 0 463 300 163 - TC 30%5 3 2.0 1275 6,375 694 300 394 1,970 TC 40%0 3 2.0 1275 0 926 300 626 - TC 50%10 3 2.0 1275 12,750 1,157 300 857 8,570 TC 60%7 3 2.0 1275 8,925 1,389 300 1,089 7,623 TC 70%8 3 2.0 1275 10,200 1,620 300 1,320 10,560 TC 80%0 3 2.0 1275 0 1,852 300 1,552 - MR 0 3 2.0 1275 0 1,681 0 1,681 - TC 20%0 4 2.0 1250 0 481 264 217 - TC 30%0 4 2.0 1250 0 774 264 510 - TC 40%0 4 2.0 1250 0 1,033 264 769 - TC 50%0 4 2.0 1250 0 1,291 264 1,027 - TC 60%0 4 2.0 1250 0 1,549 264 1,285 - TC 70%0 4 2.0 1250 0 1,807 264 1,543 - TC 80%0 4 2.0 1250 0 2,066 264 1,802 - MR 0 4 2.0 1250 0 1,876 0 1,876 - TC 20%0 5 3.0 1450 0 569 303 266 - TC 30%0 5 3.0 1450 0 854 303 551 - TC 40%0 5 3.0 1450 0 1,139 303 836 - TC 50%0 5 3.0 1450 0 1,424 303 1,121 - TC 60%0 5 3.0 1450 0 1,709 303 1,406 - TC 70%0 5 3.0 1450 0 1,994 303 1,691 - TC 80%0 5 3.0 1450 0 2,279 303 1,976 - MR 0 0 1.0 1450 0 1,655 0 1,655 - TOTAL 60 70,500 54,681 Non Rental Income $20.00 per unit/month for:1,200 Non Rental Income $0.00 per unit/month for:- Non Rental Income $0.00 per unit/month for:- + TOTAL NONRENTAL IN $20.00 per unit/month 1,200 = POTENTIAL GROSS MONTHLY INCOME 55,881 -Provision for Vacancy & Collection Loss % of Potential Gross Income:7.50%(4,191) -Rental Concessions (enter as a negative number)Enter as a negative value = EFFECTIVE GROSS MONTHLY INCOME 51,690 x 12 = EFFECTIVE GROSS ANNUAL INCOME 620,279 Unit Distribution Income Distribution App Fees, Deposit Forteitures Cable, Laundry, Vending, Pet Fees 1073 $400.00 Lot (Ac)1.71 FAR 2.60 Sqft/Acre 43,560.00 Total Sqft 193,667.76 Du/Acre 0 Tota Du 0 Coverage 0.8 Total 154,934.21 Basis $13,113,314 Boost 130% Adj Basis $17,047,308 App Fract.100.0% TQB $17,047,308 App Perct.9% Credits $1,534,258 Bd Type Units Spaces Total 0 0 1.00 0.00 1 0 1.00 0.00 2 30 1.00 30.00 3 30 1.00 30.00 4 0 1.00 0.00 5 0 1.00 0.00 Total 60.00 NRA 70,500.00 COD Req.500.00 Total Req.141.00 1Bd 0 1 Bd Prk Req 1.15 Spaces 0 2Bd 30 2 Bd Prk Req 1.65 Spaces 49.5 Total 49.5 50% Reducti 24.75 Nurock Req.170 Pedestal Cos $16,000.00 Total Cost $2,720,000.00 Site Requirements Sqft Method MKT Rate Boost Above 60% AMI Parking Calculator Max Basis Analysis Podium Cost Estimate 1074 ANNUAL OPERATING EXPENSES General & Administrative Expenses Accounting $7,200 Advertising $1,620 Legal fees $1,680 Leased equipment $0 Postage & office supplies $2,580 Telephone $6,180 Other $4,680 Other $0 Total General & Administrative Expenses:23,940$ Management Fee:Percent of Effective Gross Income:6.00%37,217$ Payroll, Payroll Tax & Employee Benefits Management $60,000 Maintenance $0 Other $0 Other Total Payroll, Payroll Tax & Employee Benefits:60,000$ Repairs & Maintenance Elevator $0 Exterminating $1,860 Grounds $4,800 Make-ready $7,200 Repairs $9,600 $0 Other $0 Other $0 Total Repairs & Maintenance:23,460$ Electric $6,000 Natural gas $0 Trash $6,000 Water/Sewer $9,000 Other $0 Other $0 Total Utilities:21,000$ Annual Property Insurance:Rate per net rentable square foot:$0.23 16,500$ Property Taxes: Published Capitalization Rate:Source: Annual Property Taxes $60,000 Payments in Lieu of Taxes $ Total Property Taxes:60,000$ Reserve for Replacements:Annual reserves per unit:$250 15,000$ Other Expenses Cable TV $0 Supportive Services (Staffing/Contracted Services)$5,880 TDHCA Compliance fees ($40/HTC unit)$2,400 $2,040 $0 Bond Trustee Fees (ALL Tax-Exempt Bond Developments)$0 Security $4,500 Other $0 Other $0 Total Other Expenses:14,820$ TOTAL ANNUAL EXPENSES Expense per unit:$4532 271,937$ Expense to Income Ratio:43.84% NET OPERATING INCOME (before debt service)348,342$ Annual Debt Service $299,855 $0 $0 $0 TOTAL ANNUAL DEBT SERVICE Debt Coverage Ratio:1.16 299,855$ NET CASH FLOW 48,487$ Residences at Denton describe Citi Bank 0 describe Utilities (Enter Only Property Paid Expense) describe describe describe describe describe describe describe describe 0 describe describe TDHCA Direct Loan Compliance Fees ($34/MDL unit) TDHCA Bond Compliance Fees (TDHCA as Bond Issuer Only - describe 0 1075 30 YEAR FINANCIAL FORECASTINCOME YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15POTENTIAL GROSS ANNUAL RENTAL $656,172 $669,295 $682,681 $696,335 $710,262 $724,467 $738,956 $753,735 $768,810 $784,186 $799,870 $815,867 $832,185 $848,828 $865,805Secondary Income 14,400$ $14,688 $14,982 $15,281 $15,587 $15,899 $16,217 $16,541 $16,872 $17,209 $17,554 $17,905 $18,263 $18,628 $19,000 POTENTIAL GROSS ANNUAL INCOME $670,572 $683,983 $697,663 $711,616 $725,849 $740,366 $755,173 $770,276 $785,682 $801,396 $817,424 $833,772 $850,447 $867,456 $884,806 Provision for Vacancy & Collection Loss ($50,293)($51,299)($52,325)($53,371)($54,439)($55,527)($56,638)($57,771)($58,926)($60,105)($61,307)($62,533)($63,784)($65,059)($66,360) Rental Concessions $0EFFECTIVE GROSS ANNUAL INCOME $620,279 $632,685 $645,338 $658,245 $671,410 $684,838 $698,535 $712,506 $726,756 $741,291 $756,117 $771,239 $786,664 $802,397 $818,445 EXPENSES General & Administrative Expenses $23,940 $24,658 $25,398 $26,160 $26,945 $27,753 $28,586 $29,443 $30,326 $31,236 $32,173 $33,139 $34,133 $35,157 $36,211 Management Fee 37,217$ 37,961$ 38,720$ 39,495$ 40,285$ 41,090$ 41,912$ 42,750$ 43,605$ 44,477$ 45,367$ 46,274$ 47,200$ 48,144$ 49,107$ Payroll, Payroll Tax & Employee Benefits 60,000$ 61,800$ 63,654$ 65,564$ 67,531$ 69,556$ 71,643$ 73,792$ 76,006$ 78,286$ 80,635$ 83,054$ 85,546$ 88,112$ 90,755$ Repairs & Maintenance 23,460$ 24,164$ 24,889$ 25,635$ 26,404$ 27,197$ 28,012$ 28,853$ 29,718$ 30,610$ 31,528$ 32,474$ 33,448$ 34,452$ 35,485$ Electric & Gas Utilities 6,000$ 6,180$ 6,365$ 6,556$ 6,753$ 6,956$ 7,164$ 7,379$ 7,601$ 7,829$ 8,063$ 8,305$ 8,555$ 8,811$ 9,076$ Water, Sewer & Trash Utilities 15,000$ 15,450$ 15,914$ 16,391$ 16,883$ 17,389$ 17,911$ 18,448$ 19,002$ 19,572$ 20,159$ 20,764$ 21,386$ 22,028$ 22,689$ Annual Property Insurance Premiums 16,500$ 16,995$ 17,505$ 18,030$ 18,571$ 19,128$ 19,702$ 20,293$ 20,902$ 21,529$ 22,175$ 22,840$ 23,525$ 24,231$ 24,958$ Property Tax 60,000$ 61,800$ 63,654$ 65,564$ 67,531$ 69,556$ 71,643$ 73,792$ 76,006$ 78,286$ 80,635$ 83,054$ 85,546$ 88,112$ 90,755$ Reserve for Replacements 15,000$ 15,450$ 15,914$ 16,391$ 16,883$ 17,389$ 17,911$ 18,448$ 19,002$ 19,572$ 20,159$ 20,764$ 21,386$ 22,028$ 22,689$ Other Expenses 14,820$ 15,265$ 15,723$ 16,194$ 16,680$ 17,180$ 17,696$ 18,227$ 18,774$ 19,337$ 19,917$ 20,514$ 21,130$ 21,764$ 22,417$ TOTAL ANNUAL EXPENSES $271,937 $279,723 $287,735 $295,980 $304,464 $313,195 $322,180 $331,426 $340,942 $350,734 $360,811 $371,182 $381,854 $392,838 $404,142NET OPERATING INCOME $348,342 $352,962 $357,604 $362,266 $366,946 $371,643 $376,355 $381,079 $385,814 $390,557 $395,306 $400,057 $404,809 $409,559 $414,303DEBT SERVICE First Deed of Trust Annual Loan Payment $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 Second Deed of Trust Annual Loan Payment 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Third Deed of Trust Annual Loan Payment 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0Other Annual Required Payment Other Annual Required Payment ANNUAL NET CASH FLOW $48,487 $53,107 $57,748 $62,410 $67,091 $71,788 $76,499 $81,224 $85,959 $90,702 $95,450 $100,202 $104,954 $109,704 $114,448 CUMULATIVE NET CASH FLOW $48,487 $101,593 $159,342 $221,752 $288,842 $360,630 $437,129 $518,353 $604,312 $695,014 $790,464 $890,666 $995,620 $1,105,323 $1,219,771Debt Coverage Ratio 1.16 1.18 1.19 1.21 1.22 1.24 1.26 1.27 1.29 1.30 1.32 1.33 1.35 1.37 1.38Net Cash Flow After Fee Repayment ($486,818)($433,712)($375,964)($313,554)($246,463)($174,675)($98,176)($16,952)$69,007 $159,708 $255,159 $355,361 $460,315 $570,018 $684,466 Proforma Assumptions Vacancy 7.50% Occupancy 92.50% Management Fee 6% Revenue Growth 2% Expense Growth 3% Residences at Denton 1076 YEAR 16 YEAR 17 YEAR 18 YEAR 19 YEAR 20 YEAR 21 YEAR 22 YEAR 23 YEAR 24 YEAR 25 YEAR 26 YEAR 27 YEAR 28 YEAR 29 YEAR 30$883,121 $900,784 $918,799 $937,175 $955,919 $975,037 $994,538 $1,014,429 $1,034,717 $1,055,411 $1,076,520 $1,098,050 $1,120,011 $1,142,411 $1,165,260 $19,381 $19,768 $20,163 $20,567 $20,978 $21,398 $21,826 $22,262 $22,707 $23,161 $23,625 $24,097 $24,579 $25,071 $25,572 $902,502 $920,552 $938,963 $957,742 $976,897 $996,435 $1,016,363 $1,036,691 $1,057,424 $1,078,573 $1,100,144 $1,122,147 $1,144,590 $1,167,482 $1,190,832 ($67,688)($69,041)($70,422)($71,831)($73,267)($74,733)($76,227)($77,752)($79,307)($80,893)($82,511)($84,161)($85,844)($87,561)($89,312) $834,814 $851,510 $868,540 $885,911 $903,630 $921,702 $940,136 $958,939 $978,118 $997,680 $1,017,634 $1,037,986 $1,058,746 $1,079,921 $1,101,519 $37,298 $38,417 $39,569 $40,756 $41,979 $43,238 $44,535 $45,872 $47,248 $48,665 $50,125 $51,629 $53,178 $54,773 $56,416 50,089$ 51,091$ 52,112$ 53,155$ 54,218$ 55,302$ 56,408$ 57,536$ 58,687$ 59,861$ 61,058$ 62,279$ 63,525$ 64,795$ 66,091$ 93,478$ 96,282$ 99,171$ 102,146$ 105,210$ 108,367$ 111,618$ 114,966$ 118,415$ 121,968$ 125,627$ 129,395$ 133,277$ 137,276$ 141,394$ 36,550$ 37,646$ 38,776$ 39,939$ 41,137$ 42,371$ 43,643$ 44,952$ 46,300$ 47,689$ 49,120$ 50,594$ 52,111$ 53,675$ 55,285$ 9,348$ 9,628$ 9,917$ 10,215$ 10,521$ 10,837$ 11,162$ 11,497$ 11,842$ 12,197$ 12,563$ 12,940$ 13,328$ 13,728$ 14,139$ 23,370$ 24,071$ 24,793$ 25,536$ 26,303$ 27,092$ 27,904$ 28,742$ 29,604$ 30,492$ 31,407$ 32,349$ 33,319$ 34,319$ 35,348$ 25,706$ 26,478$ 27,272$ 28,090$ 28,933$ 29,801$ 30,695$ 31,616$ 32,564$ 33,541$ 34,547$ 35,584$ 36,651$ 37,751$ 38,883$ 93,478$ 96,282$ 99,171$ 102,146$ 105,210$ 108,367$ 111,618$ 114,966$ 118,415$ 121,968$ 125,627$ 129,395$ 133,277$ 137,276$ 141,394$ 23,370$ 24,071$ 24,793$ 25,536$ 26,303$ 27,092$ 27,904$ 28,742$ 29,604$ 30,492$ 31,407$ 32,349$ 33,319$ 34,319$ 35,348$ 23,089$ 23,782$ 24,495$ 25,230$ 25,987$ 26,767$ 27,570$ 28,397$ 29,249$ 30,126$ 31,030$ 31,961$ 32,920$ 33,907$ 34,924$ $415,775 $427,747 $440,069 $452,750 $465,801 $479,233 $493,057 $507,284 $521,927 $536,998 $552,510 $568,474 $584,906 $601,818 $619,224$419,039 $423,763 $428,472 $433,162 $437,829 $442,470 $447,080 $451,655 $456,190 $460,682 $465,124 $469,512 $473,840 $478,103 $482,295 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $119,184 $123,908 $128,616 $133,306 $137,973 $142,614 $147,224 $151,799 $156,335 $160,826 $165,269 $169,657 $173,985 $178,248 $182,440 $1,338,955 $1,462,862 $1,591,479 $1,724,785 $1,862,758 $2,005,372 $2,152,596 $2,304,396 $2,460,730 $2,621,557 $2,786,825 $2,956,482 $3,130,467 $3,308,715 $3,491,1541.40 1.41 1.43 1.44 1.46 1.48 1.49 1.51 1.52 1.54 1.55 1.57 1.58 1.59 1.61 $803,650 $927,557 $1,056,173 $1,189,479 $1,327,453 $1,470,067 $1,617,291 $1,769,090 $1,925,425 $2,086,252 $2,251,520 $2,421,177 $2,595,161 $2,773,409 $2,955,849 1077 YEAR 31 YEAR 32 YEAR 33 YEAR 34 YEAR 35 YEAR 36 YEAR 37 YEAR 38 YEAR 39 YEAR 40$1,188,565 $1,212,336 $1,236,583 $1,261,314 $1,286,541 $1,312,272 $1,338,517 $1,365,287 $1,392,593 $1,420,445 $26,084 $26,605 $27,137 $27,680 $28,234 $28,798 $29,374 $29,962 $30,561 $31,172 $1,214,648 $1,238,941 $1,263,720 $1,288,995 $1,314,774 $1,341,070 $1,367,891 $1,395,249 $1,423,154 $1,451,617 ($91,099)($92,921)($94,779)($96,675)($98,608)($100,580)($102,592)($104,644)($106,737)($108,871) $1,123,550 $1,146,021 $1,168,941 $1,192,320 $1,216,166 $1,240,490 $1,265,299 $1,290,605 $1,316,418 $1,342,746 $58,109 $59,852 $61,647 $63,497 $65,402 $67,364 $69,385 $71,466 $73,610 $75,819 67,413$ 68,761$ 70,136$ 71,539$ 72,970$ 74,429$ 75,918$ 77,436$ 78,985$ 80,565$ 145,636$ 150,005$ 154,505$ 159,140$ 163,914$ 168,832$ 173,897$ 179,114$ 184,487$ 190,022$ 56,944$ 58,652$ 60,411$ 62,224$ 64,090$ 66,013$ 67,994$ 70,033$ 72,134$ 74,298$ 14,564$ 15,000$ 15,450$ 15,914$ 16,391$ 16,883$ 17,390$ 17,911$ 18,449$ 19,002$ 36,409$ 37,501$ 38,626$ 39,785$ 40,979$ 42,208$ 43,474$ 44,778$ 46,122$ 47,505$ 40,050$ 41,251$ 42,489$ 43,764$ 45,076$ 46,429$ 47,822$ 49,256$ 50,734$ 52,256$ 145,636$ 150,005$ 154,505$ 159,140$ 163,914$ 168,832$ 173,897$ 179,114$ 184,487$ 190,022$ 36,409$ 37,501$ 38,626$ 39,785$ 40,979$ 42,208$ 43,474$ 44,778$ 46,122$ 47,505$ 35,972$ 37,051$ 38,163$ 39,308$ 40,487$ 41,701$ 42,952$ 44,241$ 45,568$ 46,935$ $637,140 $655,580 $674,560 $694,095 $714,203 $734,899 $756,202 $778,129 $800,698 $823,929$486,410 $490,441 $494,381 $498,225 $501,964 $505,591 $509,098 $512,477 $515,719 $518,817 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $299,855 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $186,554 $190,585 $194,526 $198,369 $202,108 $205,735 $209,242 $212,621 $215,864 $218,961 $3,677,708 $3,868,294 $4,062,819 $4,261,189 $4,463,297 $4,669,032 $4,878,274 $5,090,895 $5,306,759 $5,525,7201.62 1.64 1.65 1.66 1.67 1.69 1.70 1.71 1.72 1.73 $3,142,403 $3,332,988 $3,527,514 $3,725,883 $3,927,991 $4,133,726 $4,342,969 $4,555,590 $4,771,454 $4,990,415 1078 Residences at Denton Development Cost Schedule Total Cost Acquisition New/Rehab. ACQUISITION Site acquisition cost 100%1,646,568 Existing building acquisition cost 0%0 Closing costs & acq. legal fees 1%16,632 Broker Fee 0%0 Other (specify) - see footnote 1 Subtotal Acquisition Cost 100%$1,663,200 $0 $0 OFF-SITES2 Off-site concrete 15%0 0 Storm drains & devices 5%0 0 Water & fire hydrants 5%0 0 Off-site utilities 10%0 0 Sewer lateral(s)25%0 0 Off-site paving 30%0 0 Off-site electrical 10%0 0 Other (specify) - see footnote 1 0%0 0 Other (specify) - see footnote 1 0%0 0 Subtotal Off-Sites Cost 100%$0 $0 $0 SITE WORK3 Demolition 0%0 Asbestos Abatement (Demolition Only)0 Detention 25%225,000 213,750 Rough grading 13%117,000 114,075 Fine grading 8%72,000 72,000 On-site concrete 3%27,000 27,000 On-site electrical 2%18,000 18,000 On-site paving 10%90,000 90,000 On-site utilities 8%72,000 72,000 Decorative masonry 12%108,000 108,000 Bumper stops, striping & signs 19%171,000 171,000 Other (specify) - see footnote 1 0%0 0 Subtotal Site Work Cost 100%$900,000 $0 $885,825 SITE AMENITIES Landscaping 18%37,800 35,910 Pool and decking 37%77,700 77,700 Athletic court(s), playground(s)25%52,500 52,500 Fencing 20%42,000 42,000 Other (specify) - see footnote 1 0%0 0 Subtotal Site Amenities Cost 100%$210,000 $0 $208,110 BUILDING COSTS*: Concrete 10%905,925 905,925 Masonry 7%634,148 634,148 Metals 5%452,963 452,963 Woods and Plastics 12%1,087,110 1,087,110 Thermal and Moisture Protection 4%362,370 362,370 Roof Covering 5%452,963 452,963 Doors and Windows 4%362,370 362,370 Finishes 6%543,555 543,555 Specialties 1%90,593 90,593 TOTAL DEVELOPMENT SUMMARY Eligible Basis (If Applicable) 1079 Equipment 1%90,593 90,593 Furnishings 2%181,185 181,185 Special Construction 10%905,925 905,925 Conveying Systems (Elevators)3%271,778 271,778 Mechanical (HVAC; Plumbing)11%996,518 996,518 Electrical 19%1,721,258 1,721,258 Detached Community Facilities/Building 0%0 0 Carports and/or Garages 0%0 0 Lead-Based Paint Abatement 0%0 0 Asbestos Abatement (Rehabilitation Only)0%0 0 Structured Parking 0%0 0 Commercial Space Costs 0%0 Other (specify) - see footnote 1 0%0 0 Subtotal Building Costs 100%$9,059,250 $0 $9,059,250 Site Work and Building Costs $10,169,250 $0 $7,336,005 (including site amenities) Contingency 7.00%$711,848 513,520 TOTAL HARD COSTS $10,881,098 $0 $7,849,525 OTHER CONSTRUCTION COSTS %THC %EHC General requirements (<6%)6.00%652,866 470,972 6.00% Field supervision (within GR limit) Contractor overhead (<2%)2.00%217,622 156,991 2.00% G & A Field (within overhead limit) Contractor profit (<6%)6.00%652,866 470,972 6.00% TOTAL CONTRACTOR FEES $1,523,354 $0 $1,098,934 TOTAL CONSTRUCTION CONTRACT $12,404,451 $0 $8,948,459 SOFT COSTS3 Architectural - Design fees 25.00%255,000 255,000 548000 Architectural - Supervision fees 1.50%0 0 Engineering fees 7.00%226,000 226,000 215000 Real estate attorney/other legal fees 5.00%51,000 51,000 Accounting fees 1.00%10,200 10,200 Impact Fees 5.00%51,000 51,000 Building permits & related costs 15.00%153,000 153,000 Appraisal 0.50%5,100 5,100 Market analysis 0.50%5,100 5,100 Environmental assessment 1.50%15,300 15,300 Soils report 1.00%10,200 10,200 Survey 0.50%5,100 5,100 Marketing 4.00%40,800 Hazard & liability insurance 8.00%81,600 81,600 Real property taxes 2.00%20,400 20,400 Personal property taxes 0.00%0 0 Tenant Relocation 0.00%0 Soft Contingency 0.00%0 0 FFE 12.50%127,500 127,500 $6,242,070$88.54Voluntary Eligible Building Costs (After 11.9(e)(2))* Enter amount to be used to achieve desired score. Individually itemize costs below: 1080 Plan Printing, Travel, Const Software 1.00%10,200 10,200 Subtotal Soft Cost 91.00%$1,020,000 $0 $1,026,700 FINANCING: CONSTRUCTION LOAN(S)3 Interest 1,000,000 900,000 Loan origination fees 150,000 135,000 Title & recording fees 163,185 146,867 Closing costs & legal fees 87,840 79,056 Inspection fees 27,000 24,300 Credit Report Discount Points Other (specify) - see footnote 1 Other (specify) - see footnote 1 PERMANENT LOAN(S) Loan origination fees 52,800 Title & recording fees 500 Closing costs & legal 1,000 Bond premium Credit report Discount points Credit enhancement fees Prepaid MIP Other (specify) - see footnote 1 Other (specify) - see footnote 1 BRIDGE LOAN(S) Interest Loan origination fees Title & recording fees Closing costs & legal fees Other (specify) - see footnote 1 Other (specify) - see footnote 1 OTHER FINANCING COSTS3 Tax credit fees 62,400 Tax and/or bond counsel Payment bonds Performance bonds 150,000 142,500 Credit enhancement fees Mortgage insurance premiums Cost of underwriting & issuance Syndication organizational cost 50,000 Tax opinion Refinance (existing loan payoff amt) Other (specify) - see footnote 1 Other (specify) - see footnote 1 Subtotal Financing Cost $1,744,725 $0 $1,427,723 DEVELOPER FEES3 Housing consultant fees4 General & administrative 250,000 250,000 Profit or fee 1,915,168 1,460,432 Subtotal Developer Fees 15.00%$2,165,168 $0 $1,710,432 15.00%1 RESERVES Rent-up - new funds Rent-up - existing reserves* 1081 Operating - new funds 149,928 Operating - existing reserves* Replacement - new funds Replacement - existing reserves* Escrows - new funds Escrows - existing reserves* Subtotal Reserves $149,928 $0 $0 TOTAL HOUSING DEVELOPMENT COSTS5 $19,147,472 $0 $13,113,314 Deduct From Basis: Federal grants used to finance costs in Eligible Basis Non-qualified non-recourse financing Non-qualified portion of higher quality units §42(d)(5) Historic Credits (residential portion only) Total Eligible Basis $0 $13,113,314 **High Cost Area Adjustment (100% or 130%)130% Total Adjusted Basis $0 $17,047,308 Applicable Fraction 100% Total Qualified Basis $17,047,308 $0 $17,047,308 Applicable Percentage6 9.00% Credits Supported by Eligible Basis $1,534,258 $0 $1,534,258 1,500,000$ The following calculations are for HTC Applications only. *Any existing reserve amounts should be listed on the Schedule of Sources. Credit Request 1082 Item Per Unit Cost/SF Total Acquisition $27,720 $22.33 $1,663,200 Off-Sites Cost $0.00 $0.00 $0 $150.83 Site Work $15,000 $12.77 $900,000 Site Amenities $3,500 $2.98 $210,000 Building Costs $150,988 $128.50 $9,059,250 Bldg Costs & Site Work $169,488 $144.24 $10,169,250 Contingency $11,864 $10.10 $711,848 $0 Total Hard Costs $181,352 $154.34 $10,881,098 Contractor Fees $25,389 $21.61 $1,523,354 $0 Contract $206,741 $175.95 $12,404,451 Soft Costs $17,000 $14.47 $1,020,000 $16,681,737 $0 Financing $29,079 $24.75 $1,744,725 Developer Fees $36,086 $30.71 $2,165,168 $1,501,356 $0 Reserves $2,499 $2.13 $149,928 1,500,000$ Total Development Cost $319,125 $271.60 $19,147,472 TDC-Acquistion $291,405 $1,534,258 Total Units 60 9% or 4%9 Applicable Fraction 1.00 Boost Yes NRA 70,500 Community Center 4,500 Gross Sqft 75,000 Acres 1.71 $12,404,451 Total Lot Size 74,487.60 Cost Assumptions Development Data 1083 Residences at Denton ITEMIZED CAPITALIZATION Loan to Value Capitalization Rate 6.00% DEBT/GRANT (Must Pay)Fee LTC LTV DCR Citi Bank 1.00%27.58%90.9%1.16 $299,855 4.50%35 18 $5,280,000 ADJUSTED BASIS $0 $13,113,314 Deduction of Federal Grants $0 $0 TOTAL ELIGIBLE BASIS $0 $13,113,314 High Cost Area Adjustment 130% TOTAL ADJUSTED BASIS $0 $17,047,308 27.6%91%1.16 $299,855 Applicable Fraction 100.00%100.00% NET CASH FLOW $48,487 NOI $348,342 TOTAL QUALIFIED BASIS $0 $17,047,308 Applicable Percentage 3.32%9.00% ANNUAL CREDIT ON BASIS $0 $1,534,258 CREDITS ON QUALIFIED BASIS 69.6%$1,500,000 .8889 $13,332,167 2.8%$535,305 Total Development Cost $19,147,472 Permanent Sources $5,280,000 Gap in Permanent Financing $13,867,472 Possible Tax Credit Allocations:Equity Proceeds Annual Credits TOTAL EQUITY SOURCES 72.4%$13,867,472 Determined by Eligible Basis $17,047,308 $1,534,258 TOTAL CAPITALIZATION $19,147,472 Needed to Fill Gap $13,867,472 $1,507,334 Applicant Request $13,333,500 $1,449,293 Land Price:Acres $/Sqft NRA 70,500 $1,646,568.00 18.00 $2.10 Units 60 Acquisition New Const. $1,663,200 Equity Proceeds Annual Credits $0 $0 Tax Credit Allocation $13,332,167 $1,500,000 $885,825 $900,000 $208,110 $210,000 Deferred Developer Fee $535,305 24.72% Deferred $6,242,070 $128.50/ Sqft $150,988/ Unit $9,059,250 Repayable in Year 9 $513,520 7.00%7.00%$711,848 $1,098,934 14.00%14.00%$1,523,354 $12,404,451 0 $1,026,700 $1,020,000 0 $1,427,723 $1,744,725 $0 $1,710,432 15.00%15.00%$2,165,168 $149,928 $0 $13,113,314 $19,147,472 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $13,113,314 $19,147,472 $19,147,472 Land Acquisition $27,720/ Unit Off-Sites $0,000/ Unit Site Work Site Amenities $3,500/ Unit Building Cost Contingency 6 Months Contractor Fees ADJUSTED BASIS / COST $319,125/ Unit TOTAL HOUSING DEVELOPMENT COSTS Acquisition Cost Contingency Contractor's Fee Financing Cost CREDIT CALCULATION ON QUALIFIED BASIS Reserves Developer Fee Developer Fee Reserves $1,500,000 Construction RehabilitationAcquisition TOTAL HOUSING DEVELOPMENT COST (UNADJUSTED BASIS)$319,125/ Unit Soft Costs $17,000/ Unit Financing Cost $29,079/ Unit $15,000/ Unit GAP ANALYSISBoston Capital EQUITY SOURCES EQUITY / DEFERRED FEES DEVELOPMENT COST / ITEMIZED BASIS Nurock Companies LIHTC Equity Deferred Developer Fees 24.72% Deferred Eligible Basis Total Costs RECOMMENDATION DEBT / GRANT SOURCES % Cost Annual Credit Credit Price PMT Rate Amort Term PrincipalFinancial Ratios Amount $5,280,000TOTAL DEBT SOURCESTOTAL DEBT SERVICE DESCRIPTION 1084 Residences at Denton Sources & Uses Summary Uses Perm Uses Interim Uses Acquisition $1,663,200 $1,663,200 Off-Sites Cost $0 $0 Site Work $900,000 $900,000 Site Amenities $210,000 $210,000 Building Costs $9,059,250 $9,059,250 Bldg Costs & Site Work $10,169,250 $10,169,250 Contingency $711,848 $711,848 Total Hard Costs $10,881,098 $10,881,098 Contractor Fees $1,523,354 $1,523,354 Contract $12,404,451 $12,404,451 Soft Costs $1,020,000 $1,020,000 Financing $1,744,725 $1,744,725 Developer Fees $2,165,168 $2,165,168 Reserves $149,928 $0 Total Development Cost $19,147,472 $18,997,544 Sources Perm Sources Interim Sources Tax Credit Equity $13,332,167 $5,332,867 1st Position Lien $5,280,000 $5,280,000 0 $0 $0 Deferred Developer Fees $535,305 $0 0 $0 $0 Bridge Loan $0 $8,384,678 Total $19,147,472 $18,997,544 $13,664,678 $17,474,191 Tax Credit Pay Schedule Phase Total Funds % Pay-In Closing of Tax Credit Funding $1,999,825.00 15% 25% Completion $0.00 0% 50% Completion $3,333,041.66 25% 75% Completion $0.00 0% Issuance of Certificates of Occupancy $7,865,978.32 59% Cost Certification/Perm Loan Closing $0.00 0% Forms 8609s $133,321.67 1% Total $13,332,166.65 100% Total Construction Loan Construction Period Surplus/(Deficit) 1085 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Financial Narrative & Attachment Checklist b. Annual Audit for each partner Partnership has not been formed or identified. 1086 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Financial Narrative & Attachment Checklist c. Describe the taxable status of the development The property will be paying property taxes. 1087 City of Denton Housing Tax Credit (HTC) – Request for Support Residences at Parkview Site Control 1088 G:\WP\3957.02\Docs\Contract8.doc AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE (this "Agreement") is by and between DENTON PROPERTY, LTD., a Texas limited partnership ("Seller") and NUROCK ACQUISITIONS, LLC, a Texas Limited Liability Company ("Purchaser") and/or assigns. RECITALS WHEREAS, Seller is the owner of certain property, being a +/- 18.52-acre tract located at FM 1830, Denton, TX in Denton County, Texas being more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Land"). The correct legal description of the Land shall be determined from the Survey as described within Section 3.3 of this Agreement, and following Seller's and Purchaser's approval of the same, the metes and bounds legal description of the Land shall be substituted as Exhibit "A" hereto and shall be the legal description used in the special warranty deed from Seller to Purchaser. Notwithstanding any insufficiency of the legal description of the Land, Seller and Purchaser desire to proceed to create this Agreement and obtain the legal description of the Land pursuant to the Survey to be obtained under this Agreement at a later date. The lack of sufficiency of the legal description of the Land shall not be a defense to the enforceability of this Agreement; and WHEREAS, Purchaser and Seller desire to set forth their agreements concerning the terms and conditions pursuant to which Seller will sell to Purchaser and Purchaser will buy from Seller the "Property" (as defined herein). NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 PROPERTY/PURCHASE PRICE 1.1 Property. Subject to the terms and conditions of this Agreement, Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller, the following property (collectively, the "Property"): (a) The Land, together with all of Seller's right, title and interest in and to all improvements owned by Seller located thereon; (b) All right, title and interest of Seller, if any, in and to any land lying in the bed of any street, alley, road or avenue within or adjoining the Land; and (c) All right, title and interest of Seller, if any, in and to all easements, privileges, benefits and other rights pertaining to the Land. 1089 G:\WP\3957.02\Docs\Contract8.doc Seller excepts from this conveyance and hereby reserves for Seller and Seller's successors and assigns forever all of oil, gas, associated hydrocarbons and minerals which are in, on or under the Property and that may be produced within the ordinary and natural meaning of that word other than substances which belong to the surface as a matter of law; provided, however, Seller hereby waives, disclaims, does not reserve, and shall have no rights of ingress and egress or any right to enter upon and use the surface of the Property for any purpose including, without limitation, those incident to exploring for, developing, drilling for, producing, transporting, mining, treating, or storing the oil, gas, associated hydrocarbons and minerals which are in, on and or under the Property, save and except any such rights to enter upon and use the surface of the Property previously granted by Seller to third parties. However, nothing herein contained shall ever be construed to prevent Seller or Seller's successors or assigns from developing or producing the oil, gas, associated hydrocarbons and minerals in, on or under the Property by pooling or by directional drilling under the Property from well sites located on tracts outside the Property. 1.2 Purchase Price. Subject to increase as provided herein, the purchase price for the Property (the "Purchase Price") shall be $1,600,000.00. To the extent that the award from the Texas Department of Housing and Community Affairs issued to Purchaser is for a total number of rental apartments, townhomes or other single family or multi-family units in excess of eighty (80) units, the Purchase Price shall be determined by multiplying $20,000.00 times the number of the total rental apartments, townhomes or other single family or multi-family units provided in the award from the Texas Department of Housing and Community Affairs. The Purchase Price shall be payable to Seller at Closing by wire transfer of immediately available federal funds, subject to prorations and adjustments as hereinafter set forth. 1.3 Earnest Money Deposits. Within five (5) business days after the Effective Date, Purchaser shall deposit with National Title Group, LLC, 4131 N. Central Expy., Ste. 450, Dallas, Texas 75204, Attn: Johanna Howell ("Title Company") by wire transfer of immediately available federal funds to be held by the Escrow Agent, the amount of Thirty Five Thousand Dollars and no cents ($35,000.00) as earnest money (such amount, together with any interest earned thereon, is referred to herein as the "Initial Earnest Money"). The Initial Earnest Money, and, if applicable (and as hereinafter defined), the Additional Earnest Money, are referred to as the "Earnest Money Deposits." The Earnest Money Deposits are applicable to the Purchase Price of the Property at Closing. The Title Company will deposit the Initial Earnest Money in an interest-bearing account. Any interest accruing on the Earnest Money Deposits shall be considered additional Earnest Money and applied as Earnest Money in the manner provided elsewhere in this Agreement. If this Agreement closes, the Earnest Money Deposits shall be applied to the Purchase Price; otherwise, the Earnest Money Deposits shall be disposed of as provided for elsewhere in this Agreement. 1090 G:\WP\3957.02\Docs\Contract8.doc 1.4 Escrow Agent. (a) Escrow Agent shall hold possession of, keep, deliver and dispose of the Earnest Money Deposits subject to the terms and conditions of this Agreement and shall otherwise deal with the parties hereto fairly and impartially according to the intent of the parties as herein expressed; provided, however, that Escrow Agent shall not be deemed to be a party to this Agreement except for its obligations hereunder as Escrow Agent for the purposes of holding the Earnest Money Deposits. Escrow Agent shall be entitled to rely in good faith at all times on instructions, notices, communications or orders given by Seller and/or Purchaser, as the case may be and as required hereunder, without any necessity of verifying the authority therefor. (b) Escrow Agent is a stakeholder only and shall not at any time be held liable for actions taken or omitted to be taken in good faith and without gross negligence or willful misconduct. Seller and Purchaser agree to indemnify and hold harmless Escrow Agent against any and all losses, claims, damages, liabilities and expenses, including, without limitation, reasonable costs of investigation and reasonable counsel fees and disbursements which may be incurred by Escrow Agent in connection with its acting as Escrow Agent or the performance of its duties hereunder, including, without limitation, any litigation arising from this Agreement or involving the subject matter hereof; provided, however, that if Escrow Agent shall be determined to have acted with gross negligence or willful misconduct, then, in such event, Escrow Agent shall bear all such losses, claims, damages and expenses. (c) In the event of a dispute between Purchaser and Seller under this Agreement sufficient in the discretion of Escrow Agent to justify its doing so, Escrow Agent shall be entitled to tender into the registry or custody of any court of competent jurisdiction the Earnest Money Deposits and all other money or property in its hands under the terms of this Agreement, together with such legal proceedings as it deems appropriate, and thereupon be discharged from all additional duties under this Agreement. (d) It is further understood and agreed by Seller and Purchaser that if, as a result of any disagreement between them or adverse claims and demands being made by any of them upon Escrow Agent, or if Escrow Agent otherwise shall become involved in any litigation with respect to the disbursement of the Earnest Money Deposits, such parties agree that they, jointly and severally, are and shall be liable to Escrow Agent and shall reimburse Escrow Agent on demand for all costs, expenses and reasonable counsel fees it shall incur or be compelled to pay by reason of such litigation. ARTICLE 2 INSPECTION 2.1 Inspection Period. From the Effective Date through 5:00 PM CT on July 29, 2022 (the "Inspection Period"), subject to the terms and conditions provided in 1091 G:\WP\3957.02\Docs\Contract8.doc this Section 2, Purchaser may inspect the Property and conduct surveys, tests, soil and environmental studies, and any other studies, tests and surveys contemplated by this Agreement and otherwise as may be reasonably necessary or required in determining that the Property may be developed for Purchaser's intended use and that the Property is in all respects satisfactory to Purchaser, in its sole discretion. It is specifically understood and agreed that, within the Inspection Period, Purchaser may approve or disapprove of the Property for any reason whatsoever. If Purchaser determines prior to 5:00 PM CT on March 31, 2022 that the Property is in all respects satisfactory to Purchaser, Purchaser may elect to proceed through the remainder of the Inspection Period by giving Seller and the Title Company written notice prior to 5:00 PM CT on March 31, 2022 that that the Property is in all respects satisfactory to Purchaser and Purchaser is electing to proceed through the remainder of the Inspection Period (such notice is referred to herein as a "Notice to Proceed"). 2.2 Release of Initial Escrow. If Purchaser has provided to Seller a Notice to Proceed prior to 5:00 PM CT on March 31, 2022 as provided above in Section 2.1, the Title Company will release $5,000.00 of the Initial Earnest Money deposit to Seller, which released portion shall become non-refundable in all cases except in the event of a Seller default, and applicable to Purchase Price at Closing. If Seller has not received a Notice to Proceed prior to 5:00 PM CT on March 31, 2022, this Agreement shall automatically terminate and the Initial Earnest Money will be released and returned to Purchaser, and thereafter Seller and Purchaser shall have no further obligations or liabilities to each other except for such obligations and liabilities which expressly survive the termination of this Agreement; provided, however, that the Title Company shall pay to Seller, from the proceeds of the Initial Earnest Money, the Independent Consideration. If, however, at the sole discretion of Purchaser, Purchaser elects to give an additional Notice to Proceed after March 31, 2022, but prior to the expiration of the Inspection Period, promptly following the expiration of the Inspection Period the Title Company will release the remaining $30,000.00 of the Initial Earnest Money deposit to Seller, which released portion shall become non-refundable in all cases except in the event of a Seller default, and applicable to Purchase Price at Closing. If Seller has not received the additional Notice to Proceed prior to 5:00 PM CT on July 29th, 2022, this Agreement shall automatically terminate and the remaining Initial Earnest Money will be released and returned to Purchaser, and thereafter Seller and Purchaser shall have no further obligations or liabilities to each other except for such obligations and liabilities which expressly survive the termination of this Agreement; provided, however, that the Title Company shall pay to Seller, from the proceeds of the Initial Earnest Money, the Independent Consideration. All funds released or required pursuant to the terms hereof to be released to Seller shall be referred to herein as the "Released Funds." For the avoidance of doubt, attached to 1092 G:\WP\3957.02\Docs\Contract8.doc this Agreement as Exhibit "B" is a schedule for the deposit and release of the Earnest Money Deposits. 2.3 Feasibility Period. If Purchaser delivers a Notice to Proceed, Purchaser shall have the right to have a feasibility period extending up until September 27, 2022 (the "Feasibility Period") by providing written notice to Seller prior to the expiration of the Inspection Period and depositing with the Title Company on or before August 1, 2022 the sum of Fifty Thousand Dollars and no cents ($50,000.00) (such payment shall be known as the "Additional Earnest Money"). The Additional Earnest Money, to the extent paid, shall be nonrefundable to Purchaser in all cases except in the event of a Seller default, and shall be released to Seller on August 2, 2022, but shall be applicable to the Purchase Price at Closing. If Purchaser determines prior to the expiration of the Feasibility Period that the Property is unsuitable for its purposes, Purchaser shall be entitled to provide notice to Seller and the Title Company in writing prior to the expiration of the Feasibility Period that it has elected to terminate this Agreement, and thereafter Seller and Purchaser shall have no further obligations or liabilities to each other except for such obligations and liabilities which expressly survive the termination of this Agreement. If the termination of this Agreement occurs any time prior to 5:00 P.M. Central Time on or before August 1, 2022, Seller shall retain the Initial Earnest Money, and the Additional Earnest Money shall be delivered by the Title Company to Purchaser, and thereafter Seller and Purchaser shall have no further obligations or liabilities to each other except for such obligations and liabilities which expressly survive the termination of this Agreement. If the termination occurs any time after 5:00 P.M. Central Time on August 1, 2022, Seller shall retain both the Initial Earnest Money and the Additional Earnest Money, and thereafter Seller and Purchaser shall have no further obligations or liabilities to each other except for such obligations and liabilities which expressly survive the termination of this Agreement. 2.4 Continued Right of Access for Inspection. During the Inspection Period and at all times prior to Closing or any extension thereof unless this Agreement has been terminated, Purchaser, its agents, employees, contractors, subcontractors and representatives shall have a non-exclusive license to enter onto the Property, subject, however, to the rights of that certain agricultural tenant, Shayne Geiser (the "Tenant"), solely for the purpose of performing its due diligence as provided in Section 2.1 hereof and otherwise to conduct surveys, architectural, engineering, geotechnical, and environmental inspections and tests, feasibility studies, soil tests, borings and any other inspections, studies, reports or tests reasonably required by Purchaser; provided, however, without first obtaining Seller's prior written consent, Purchaser shall only conduct a visual inspection, with no right to conduct any physical testing, boring, sampling or removal (collectively, the "Physical Testing") of any portion of the Property. If Purchaser wishes to conduct any Physical Testing of the Property, Purchaser shall submit a work plan to Seller prior to commencing any Physical Testing for Seller's prior written approval, which work plan Seller may modify, limit or disapprove in its sole and absolute discretion. Purchaser agrees that if the Property is disturbed during any testing, Purchaser shall be responsible for having the Property restored to a condition substantially similar to its original condition. Purchaser shall, at its sole cost and expense, clean up and restore the Property, in whatever manner necessary after entry 1093 G:\WP\3957.02\Docs\Contract8.doc thereon so that the Property shall be returned to the same condition in which it existed prior to entry by Purchaser or its agents or representatives. At least forty-eight (48) hours prior to any entry of the Property, Purchaser shall deliver to Seller written notice of its intention to enter the Property, and Seller shall have the right to have one or more of its agents and/or representatives accompany Purchaser. Purchaser shall promptly provide to Seller a copy of any and all information, materials and data that Purchaser and/or its agents or representatives discover, obtain or generate in connection with or resulting from its inspections or investigations conducted pursuant to this Article II. 2.5 Due Diligence Indemnity. Purchaser shall keep the Property free and clear of any liens and does hereby indemnify, defend and hold Seller and its partners agents and affiliates, harmless from and against any and all claims, demands, causes of action, losses, liabilities, liens, encumbrances, costs or expenses (including without limitation reasonable attorney's fees and litigation costs) arising out of, connected with or incidental to (a) any injuries to persons (including death) or property (personal or real) or (b) any mechanics', workers' or other liens on the Property related to the work or activities conducted on the Property by Purchaser or its agents, representatives or contractors. Purchaser maintain a commercial general liability insurance policy of not less than $1,000,000.00 per occurrence, which shall provide coverage during Purchaser's access under this Article 2 and Purchaser shall cause all agents, representatives and contractors entering the Property to maintain the same level and type of coverage and Purchaser shall be required to provide Seller with insurance certificates demonstrating such insurance prior to any entry upon the Property by Purchaser, its agents, representatives and contractors. Notwithstanding anything contained in this Agreement to the contrary, Purchaser shall have no liability or obligation that may be related to its due diligence activities hereunder for, or in connection with, any "Hazardous Substances" (as defined in Section 6.1 below) or other hazardous conditions existing on the Land or any liens, claims, causes of action, damages, liabilities or expenses arising from the mere discovery without exacerbation of any such Hazardous Substances or hazardous conditions or any report of same to governmental authorities that may be required by law or regulation unless otherwise caused by Purchaser, its agents, representatives or contractors. ARTICLE 3 TITLE REVIEW: TITLE COSTS 3.1 Status of Title. At Closing, Seller shall convey to Purchaser fee simple title in and to the Property by special warranty deed (the "Deed"), subject only to the Permitted Exceptions (as defined below). 3.2 Title Documents. (a) Within the first to occur of ninety (90) days after the Effective Date or twenty (20) days before the end of the Inspection Period, Purchaser shall cause to prepared and delivered to itself and Seller, at Purchaser's expense, a title insurance commitment for the Property (the "Title Commitment") (together with legible copies of 1094 G:\WP\3957.02\Docs\Contract8.doc all documents referenced therein, including, without limitation, the deed evidencing Seller's title to the Property), for the issuance of a standard coverage owner's policy of title insurance on the Texas standard form, with standard provisions and exceptions (the "Title Policy") issued by the title company described in Section 1.3 (the "Title Company") in the amount of the Purchase Price, subject only to the Permitted Exceptions and standard provisions and exceptions. The cost of any title search fees, the issuance of the Title Commitment, the issuance of the Title Policy, and the additional premium for extended coverage title insurance and any endorsements to the Title Policy requested by Purchaser shall be paid by the Purchaser. (b) Purchaser's obligation to consummate the purchase and sale herein contemplated shall be subject to and conditional upon Purchaser's receipt at Closing of the Title Policy or of a marked-up Title Commitment in the amount of the Purchase Price issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible fee simple title to the Property in the Purchaser, subject only to the Permitted Exceptions and the standard printed exceptions. 3.3 Survey. Within the first to occur of ninety (90) days after the Effective Date or twenty (20) days before the end of the Inspection Period, Purchaser, at Purchaser's sole cost and expense, shall cause a current survey (the "Survey") to be made of the Property by a licensed surveyor or registered professional engineer, certified to Purchaser, Seller Title Company and any other party Purchaser may request at Purchaser's expense and shall furnish a copy of the Survey to Seller and the Title Company. 3.4 Title Defects. (a) Purchaser shall have a period ending ten (10) days after the delivery of the last to be received by Purchaser of the Title Commitment and the Survey to notify Seller in writing (a "Title Defect Notice") of any objections to any matter, exception, requirement or item in the Title Commitment and/or Survey (a "Title Defect"). Any matter, exception, requirement or item in the Title Commitment and/or Survey to which Purchaser does not provide written notice of objection to Purchaser during said 10-day period shall be deemed a "Permitted Exception". In the event Purchaser notifies Seller of any Title Defects, Seller shall have ten (10) days thereafter ("Seller's Cure Period") in which to eliminate or modify such Title Defects; however, Seller shall have no obligation to do so. If, within such ten (10) day period, Seller chooses not to or is unable to eliminate or modify such Title Defects to the satisfaction of Purchaser within Seller's Cure Period, then in such event Purchaser may elect, as Purchaser's sole and exclusive remedy, by written notice to Seller (the "Title Election Notice") either (i) to terminate this Agreement and immediately receive from Escrow Agent the Earnest Money Deposits which have not otherwise already been released to Seller, in which case neither party shall have any further obligation to each other except those that expressly survive pursuant to this Agreement; or (ii) to waive the Title Defects and close the acquisition of the Property subject to all such Title Defects, which shall be deemed to constitute additional Permitted Exceptions. If Purchaser fails to deliver such a Title Election Notice within the first to occur of (x) ten (10) days following the 1095 G:\WP\3957.02\Docs\Contract8.doc expiration of Seller's Cure Period or (y) the expiration of the Inspection Period, Purchaser shall be deemed to have elected to terminate this Agreement pursuant to clause (i) above. (b) Notwithstanding anything to the contrary contained in this Agreement, other than the Monetary Liens (as hereinafter defined), Seller shall have no obligation to cure any of Purchaser's Title Defects. Notwithstanding anything set forth in this Agreement to the contrary, Seller shall be obligated to remove at or prior to Closing and at Seller's expense; (i) any mortgages or deeds of trust securing any financing obtained or expressly assumed by Seller; (ii) any mechanics or materialmen's liens for work done pursuant to a contract executed by Seller which remains unpaid; (iii) any judgment liens, U.S. tax liens or real property tax liens (except for any taxes not yet due and payable); and (iv) all matters reflected in Schedule C of the Title Commitment against Seller for a sum certain (collectively, "Monetary Liens"). Under no circumstance shall any such Monetary Lien be or become a Permitted Exception, whether or not objected to by Purchaser, unless Purchaser has expressly agreed herein or later agrees to accept title subject to such Monetary Liens. The refusal by Seller to satisfy or release a Monetary Lien at or before Closing shall be a default under this Agreement. (c) Following the expiration of the Inspection Period, Purchaser shall continue to have the right to cause title to the Property to be re-examined. If any update to the Title Commitment occurring after the expiration of the Inspection Period but prior to Closing discloses any new exception, then Purchaser shall have a period of ten (10) days to provide a new Title Defect Notice to Seller, and Seller shall again have ten (10) days following receipt of such notice from Purchaser to cause such new Title Defect to be removed from the Title Commitment. Seller agrees to cure any such new Title Defects that constitute a Monetary Lien. If, within the time specified, Seller is unable to provide a resolution for each new Title Defect that is not a Monetary Lien, Purchaser may, as Purchaser's sole and exclusive remedy, elect by written notice to Seller (the "New Title Election Notice") to either (i) terminate this Agreement and immediately receive from Escrow Agent the Earnest Money Deposits which have not otherwise already been released to Seller, whereupon neither party shall have any further obligation to each other except those that expressly survive pursuant to the Agreement, or (ii) waive the new Title Defects and then such new Title Defect shall be deemed an additional Permitted Exception. If Purchaser fails to deliver such New Title Election Notice, Purchaser shall be deemed to have elected to terminate this Agreement pursuant to clause (i) above. ARTICLE 4 CLOSING 4.1 Closing Date; Extension of Closing Date. The closing of the transaction contemplated herein (the "Closing") shall occur no later than September 30, 2022, (the "Closing Date") at the offices of the Title Company or such other location to which the parties may mutually agree in writing. Notwithstanding anything contained herein to the 1096 G:\WP\3957.02\Docs\Contract8.doc contrary, Purchaser shall have the right, at least five (5) business days prior to the scheduled Closing Date, to extend the Closing Date with up to three (3) thirty (30) day extensions by delivering to Escrow Agent, by wire transfer of immediately available federal funds, an extension fee in the amount of Fifteen Thousand Dollars ($15,000.00) for each thirty-day extension (the "Extension Fees"), which funds shall be nonrefundable other than Seller default but shall be applicable to the Purchase Price. 4.2 Seller's Deliveries. On or before the Closing Date, Seller shall deliver to the Escrow Agent the following: (a) Deed. A special warranty deed, in recordable form, duly executed by Seller and conveying to Purchaser fee simple title to the Land, subject only to the Permitted Exceptions; (b) FIRPTA. A Foreign Investment in Real Property Tax Act affidavit executed by Seller, which shall include Seller's taxpayer identification number and address; (c) Bill of Sale. A bill of sale with respect to any personal property located on the Property, if any, without warranty, in favor of Purchaser and duly executed by Seller; (d) Seller's Closing Statement. Seller's executed closing statement; (e) Additional Documents. Such other documents as Title Company may reasonably require from Seller in order to issue the Title Policy and to close this transaction; and (f) Tenant Notice Letter. Immediately after the Closing, Seller will deliver a letter from Seller to the Tenant informing such Tenant of the sale of the Property and the termination of the Lease. 4.3 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver to the Escrow Agent the following: (a) Purchase Price and Other Purchaser Payment Obligations. The Purchase Price, less the Earnest Money Deposits and less any applicable Extension Fees, plus or minus applicable prorations, credits and charges, shall be deposited by Purchaser with Escrow Agent in immediately available federal funds; (b) Purchaser's Closing Statement. Purchaser's executed closing statement; and (g) Additional Documents. Such other documents as Title Company may reasonably require from Purchaser in order to issue the Title Policy and to close this transaction. 1097 G:\WP\3957.02\Docs\Contract8.doc 4.4 Possession. Seller shall deliver possession of the Property to Purchaser at the Closing, subject only to the Permitted Exceptions and Seller's receipt of the Purchase Price pursuant to this Agreement. 4.5 Close of Escrow. Upon satisfaction or completion of the foregoing conditions and deliveries and performance by each party of its obligations required to be performed during the pendency of this Agreement and/or at the Closing, the parties shall direct Escrow Agent pursuant to their escrow instructions, if applicable, to immediately deliver the documents described above to the appropriate parties and to record the special warranty deed and make the disbursements according to the parties' respective closing statements. ARTICLE 5 PRORATIONS/OTHER ALLOCATIONS AND COMMISSIONS 5.1 Prorations. The items set forth below shall be apportioned and prorated between Seller and Purchaser for the Property as of the Closing Date or any extension thereof. The Escrow Agent shall compute or estimate all closing adjustments prior to the Closing Date or any extension thereof. (a) Taxes and Assessments. (i) General real estate and personal property taxes and assessments imposed by all governmental authorities having jurisdiction over the Property (collectively, "Taxes") for the-then current calendar year shall be prorated through the Closing Date. If the Closing shall occur before the tax rate is fixed for the then current calendar year, the proration of Taxes shall be based upon Taxes for the prior year and adjusted for the year of Closing when they become finally determined with such settlement to be made within ten (10) days after the date Taxes are finally determined. Seller shall pay to Purchaser at Closing as a credit against the cash portion of the Purchase Price Seller's prorata portion of such Taxes. (ii) In accordance with Section 5.010(a) of the Texas Property Code, as amended, Seller hereby notifies Purchaser of the following: NOTICE REGARDING POSSIBLE LIABILITY FOR ADDITIONAL TAXES If for the current ad valorem tax year the taxable value of the land that is the subject of this Agreement is determined by a special appraisal method that allows for appraisal of the land at less than its market value, the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition, the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. 1098 G:\WP\3957.02\Docs\Contract8.doc If this sale or a change in use of the Property or denial of any special use valuation of the Property would result in the assessment after the Closing of additional taxes and interest applicable to the period of time before the Closing ("Rollback Taxes"), then: (a) Purchaser shall pay the Rollback Taxes (including any interest and penalties) if and when they are assessed, without receiving any credit from Seller. If any Rollback Taxes are due before the Closing due to a change in use of the Property by Seller prior to Closing or a denial of any special use valuation of the Property before the Closing, then Seller shall pay those Rollback Taxes (including any interest and penalties) at or before the Closing. (b) Title and Survey. All charges and fees for the Title Commitment, the Title Policy, and the Survey shall be paid by Purchaser as set forth in Sections 3.2 and 3.3 herein. (c) Other. Any other expenses shall be prorated at Closing in a manner that is customary in connection with transactions similar to the transactions contemplated hereby. (d) Final Adjustment After Closing. In the event that final bills cannot be issued for any charge prior to Closing, then Purchaser and Seller agree to allocate such items on a fair and equitable basis as set forth herein, with final adjustment and any payment due to be made as soon as reasonably possible after the Closing. Other than as set forth herein, all prorations shall be final. The obligations of Seller and Purchaser under this Section 5.1 shall expressly survive Closing. 5.2 Commissions. Seller hereby indemnifies Purchaser and agrees to hold Purchaser free and harmless from and against any and all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation, whether or not an action is commenced, or whether incurred before, during or after trial, or upon any appellate level, which Purchaser shall ever suffer or incur because of any claim by any agent, broker or finder engaged by Seller for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated hereby. Seller agrees to pay Venture Land Group, LLC per separate agreement. No commissions shall be paid to any brokers by Purchaser. Purchaser hereby indemnifies Seller and agrees to hold Seller free and harmless from and against any and all liability, loss, cost, damage and expense, including, but not limited to, attorney's fees and costs of litigation, whether or not an action is commenced, or whether incurred before, during or after trial, or upon appellate level, which Seller shall ever suffer or incur because of any claim by any agent, broker or finder, for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated hereby with the exception of any real estate broker's fee described in this paragraph. (a) The foregoing indemnities shall survive the Closing. 1099 G:\WP\3957.02\Docs\Contract8.doc 5.3 Attorneys' Fees. Except as provided in Article 8 hereof to the contrary, each party shall be responsible for paying its own attorneys' fees and expenses in connection with the transactions contemplated by this Agreement. ARTICLE 6 REPRESENTATIONS, WARRANTIES AND COVENANTS 6.1 Seller's Representations, Warranties and Covenants. Seller represents, warrants and covenants to Purchaser that: (a) At the Closing, Seller will convey to Purchaser good and indefeasible fee simple title to the Property. Seller has not entered into any written agreement to lease (other than that certain Land/Ground Lease Agreement [the "Lease"] dated April 16, 2021, entered into by and between Seller and the Tenant), sell, mortgage or otherwise encumber (other than the Permitted Exceptions) or dispose of its interest in the Property or any part thereof, except for this Agreement or that cannot be terminated at or prior to Closing. From and after the Effective Date until Closing, Seller shall not enter into any new encumbrances, liens, or other documents or instruments for or regarding the encumbrance, lien, pledge of the Property, or any part thereof or any interest therein, or which may result in any lien or encumbrance with regard to the Property, or any part thereof, or an interest therein, without the prior written consent of the Purchaser, which will not be unreasonably withheld, delayed, or conditioned. The persons executing this Agreement on behalf of the Seller are fully and duly authorized to do so by Seller, and any and all actions required to make this Agreement and the performance thereof legally binding obligations of Seller, have been duly and legally taken. No further consent, authorization or approval of any person or entity is required for Seller to enter into or perform this transaction. (b) Seller has paid (or covenants that it will pay prior to Closing) any and all Taxes (excluding Taxes not yet due and payable) which have or could become a lien or charge against the Property through the date of Closing, subject to the proration herein provided. (c) Seller has received no written notice of any liens, encumbrances, unpaid bills to vendors, outstanding obligations or charges (contingent or absolute) against Seller or the Property, other than those disclosed in the Title Commitment. (d) Without the prior written consent of Purchaser, Seller shall not execute any leases, service contracts or maintenance agreements for the Property that cannot be terminated prior to or by the Closing. (e) Seller has received no written notice of and has no current actual knowledge of any litigation or other judicial proceeding affecting Seller or the Property, including, without limitation, condemnation or exercise of the right of eminent domain or bankruptcy. 1100 G:\WP\3957.02\Docs\Contract8.doc For the purposes of the representations and warranties contained in this Section 6.1 wherever the phrase "to Seller's actual knowledge" or a similar phrase referencing or qualifying a representation by Seller's knowledge is used, Seller's knowledge shall be deemed to be limited solely to the current, actual knowledge of Paul Hoffman, without any independent investigation or inquiry having been made. The named individual is acting for and on behalf of Seller and in a capacity as a partner of Seller and is in no manner expressly or impliedly making any representations or warranties in an individual capacity. Purchaser waives any right to sue or to seek any personal judgment or claim against the named individual. The continued accuracy of the foregoing representations in all material respects at Closing is a condition to the obligation of Purchaser to purchase the Property. However, if as a result of any change of conditions with respect to any portion of the Property and/or the acquisition by Seller of information not known to Seller at the time of execution of this Agreement, Seller is unable to confirm any such representations and warranties being true and correct in all material respects as of the Closing Date, Seller shall have the option of revising any such representations and warranties to reflect facts or conditions then existing or known to Seller. If Purchaser is unwilling to accept any such modification to Seller's representations and warranties, Purchaser, as its sole and exclusive remedy, shall have the right to terminate this Agreement, in which event the Earnest Money shall be returned to Purchaser by the Title Company and neither party hereto shall have any further obligations hereunder except for such obligations and indemnities which expressly survive the termination of this Agreement. If Purchaser accepts such revisions (which shall be deemed to have occurred if Purchaser fails to provide Seller and the Title Company with written notice of Purchaser's election to terminate this Agreement within ten (10) days following the date Purchaser receives actual knowledge that such representations are materially inaccurate, in which case this Agreement shall terminate as of the date of Purchaser's written notice), Purchaser shall be deemed to have waived any rights or remedies against Seller with respect to the representation or warranty in question. To the extent that Purchaser has actual knowledge prior to the Closing of facts contrary to those represented by Seller, Purchaser shall promptly (but in no event later than 5 days after obtaining such knowledge) notify Seller in writing prior to Closing to permit Seller to revise its representations and warranties accordingly. Purchaser shall not have a right to bring any action against Seller for breach of a representation or warranty in any circumstance where Purchaser had actual knowledge prior to Closing that such representation or warranty was inaccurate if Purchaser failed to notify Seller of such fact in writing prior to Closing as aforesaid. All of the foregoing representations and warranties shall, subject to the limitations set forth herein, expressly survive the Closing. All representations and warranties by Seller in Section 6.1 hereof (i) shall relate only to conditions and circumstances in existence on the Closing Date; (ii) shall expire one hundred and eighty (180) days after the Closing Date except to the extent, and only to the extent, if any, that Purchaser shall have given Seller written notice during such one hundred and eighty (180) day period which describes in reasonable detail the breach or alleged breach of such representations and warranties by Seller and, if curable, the curative actions requested 1101 G:\WP\3957.02\Docs\Contract8.doc by Purchaser, and which provides Seller with a reasonable period of time, not less than thirty (30) days, in which to resolve such matters to the reasonable satisfaction of Purchaser; and (iii) shall expire and be of no further force and effect two (2) years after the day the cause of action accrues (which the parties agree will be the Closing Date) with respect to any matters timely disclosed in a written notice delivered by Purchaser to Seller under subsection (ii) hereof. Notwithstanding anything to the contrary contained herein, (a) Seller shall have no liability (and Purchaser shall make no claim against Seller) for a breach of any representation or warranty or any other obligation of Seller under this Agreement or any document executed by Seller in connection with this Agreement, unless the valid claims for actual damages incurred due to such breaches collectively aggregate to more than Ten Thousand and No/100 Dollars ($10,000.00), (b) the liability of Seller under this Agreement and the documents executed by Seller in connection herewith shall in no event exceed, in the aggregate, the amount of Fifty Thousand and No/100 Dollars ($50,000.00); and (c) in no event shall Seller be liable for any consequential, punitive or special damages. 6.2 Purchaser's Representations, Warranties and Covenants. (a) To the best of Purchaser's knowledge, no consent to the transaction contemplated by this Agreement by any person or entity other than Purchaser is required; (b) No representation, warranty or covenant in this Agreement, nor any document, certificate or exhibit given or delivered to Seller pursuant to this Agreement, when read singularly or together as a whole, contains any untrue statement of material fact, or omits to state a material fact necessary to make the statements contained therein true in light of the circumstances under which they were made. (c) (i) Unless Purchaser has earlier terminated this Agreement or Purchaser is deemed to have terminated this Agreement during the Inspection Period, Purchaser shall apply for an allocation of low income housing tax credits from the Texas Department of Housing and Community Affairs (the "Agency") in a timely manner so as to be eligible for consideration for an award of tax credits and with respect to a number of rental apartment units to be constructed on the Property ("Purchaser's Intended Use") determined by Purchaser in Purchaser's sole discretion. (ii) In the event that the Agency has not granted said allocation of tax credits (the "Reservation") by the Closing Date as maybe extended, then, at Purchaser's option, by delivering written notice to Seller, Purchaser may terminate this this Agreement, and thereafter neither Seller nor Purchaser shall have any further obligation hereunder. (d) Purchaser hereby represents and warrants that Purchaser will have independently inspected and reviewed, prior to the end of the Inspection Period, all of the Property and records of Seller related thereto that Purchaser desires to inspect and 1102 G:\WP\3957.02\Docs\Contract8.doc review, and Purchaser has entered into this Agreement and will close this transaction based on Purchaser's own determination of the value and condition of the Property. Purchaser further represents and warrants to Seller that Purchaser has or has available to Purchaser the knowledge and expertise in financial real estate and business matters that enables Purchaser to evaluate the merits and risks of the transactions contemplated by this Agreement, and Purchaser is not in a significantly disparate bargaining position with Seller with regard to the transactions contemplated by this Agreement. Purchaser agrees and acknowledges that the Property is being sold to Purchaser by Seller and that Purchaser is becoming the owner of the Property on an as-is where is basis as provided below, except for the express representations and warranties made by Seller in Section 6.1 above. (e) Purchaser will investigate all utility matters and be responsible for any upgrades, extensions, reimbursements, or impact fees. Purchaser will also investigate all zoning and platting requirements and entitlements applicable to the Property. 6.3 "AS IS, WHERE IS". PURCHASER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT PURCHASER WILL HAVE, AS OF CLOSING, THOROUGHLY INSPECTED AND EXAMINED THE PHYSICAL CONDITION OF THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY PURCHASER IN ORDER TO ENABLE PURCHASER TO EVALUATE THE PURCHASE OF THE PROPERTY. PURCHASER HEREBY FURTHER ACKNOWLEDGES AND AGREES THAT PURCHASER IS RELYING SOLELY UPON THE INSPECTION, EXAMINATION, AND EVALUATION OF THE PHYSICAL CONDITION OF THE PROPERTY BY PURCHASER AND THAT PURCHASER IS PURCHASING, AND AT CLOSING WILL ACCEPT, THE PROPERTY ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATIONS (OTHER THAN THE LIMITED REPRESENTATIONS SET FORTH IN SECTION 10 HEREOF AND ANY CONTINGENCIES OTHERWISE SET FORTH HEREIN), WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE; PROVIDED, HOWEVER, NOTHING CONTAINED IN THIS SECTION SHALL LIMIT THE WARRANTIES SET FORTH IN THE DEED TO BE DELIVERED FROM SELLER TO PURCHASER AT THE CLOSING PURSUANT TO SECTION 13 HEREOF. THE EXPRESS INTENTION OF PURCHASER AND SELLER IS THAT PURCHASER SHALL PURCHASE THE PROPERTY FROM SELLER WITHOUT ANY REPRESENTATIONS (OTHER THAN THE LIMITED REPRESENTATIONS SET FORTH IN SECTION 10 HEREOF), WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, FROM OR OF SELLER. PURCHASER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS (OTHER THAN THE LIMITED REPRESENTATIONS SET FORTH IN SECTION 10 HEREOF), WARRANTIES, AND COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN MADE OR GIVEN, BY SELLER. IN ADDITION, PURCHASER HEREBY EXPRESSLY ACKNOWLEDGES AND AGREES THAT SELLER IS NOT REPRESENTING OR WARRANTING THAT ANYTHING CAN BE ACCOMPLISHED THROUGH 1103 G:\WP\3957.02\Docs\Contract8.doc PURCHASER'S OR SELLER'S EFFORTS WITH REGARD TO THE PLANNING, PLATTING OR ZONING PROCESS OF THE CITY OF DENTON, DENTON COUNTY, TEXAS OR ANY OTHER GOVERNMENTAL OR MUNICIPAL AUTHORITIES, BOARDS OR ENTITIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PURCHASER HEREBY FURTHER ACKNOWLEDGES AND AGREES THAT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THE TRANSACTION CONTEMPLATED HEREBY, AS ARE ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND THAT SELLER HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE REQUIREMENTS OF ANY SAFETY CODE OR REGULATION OF THE STATE OF TEXAS, THE CITY OF DENTON, THE COUNTY OF DENTON OR ANY OTHER AUTHORITY OR JURISDICTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PURCHASER HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR, OR OPERATION OF THE PROPERTY. THE DEED CONVEYING THE PROPERTY TO PURCHASER AT CLOSING SHALL CONTAIN A PROVISION SUBSTANTIALLY IDENTICAL TO THAT WHICH IS SET FORTH ABOVE. ARTICLE 7 CONDEMNATION 7.1 Condemnation. If, prior to Closing, the Property or any portion thereof, is condemned or taken under power of eminent domain, then, in any such event, Seller shall promptly give notice thereof to Purchaser in writing. Purchaser shall then have the options of either (a) terminating this Agreement within the first to occur of thirty (30) days after written notice from Seller to Purchaser or the Closing Date and receiving a refund of any and all Earnest Money Deposits paid hereunder which have not otherwise already been released to Seller, with neither party thereafter having any further obligations to the other hereunder, except for such obligations and liabilities which expressly survive the termination of this Agreement, or (b) waiving such condemnation and proceeding to close this transaction without reduction in the Purchase Price, but with the right to receive any and all awards or monies payable as a result of any such taking. ARTICLE 8 REMEDIES 8.1 Purchaser's Remedies. If Seller should fail to consummate this transaction due to Seller's default hereunder and such failure continues for a period of 1104 G:\WP\3957.02\Docs\Contract8.doc ten (10) days following written notice thereof from Purchaser to Seller, Purchaser may, at its sole option, and as Purchaser's sole and exclusive remedy, either (a) to terminate this Agreement by giving written notice from Purchaser to Seller in which event all Earnest Money Deposits and any Extension Fees shall promptly be refunded to Purchaser; or (b) to obtain specific performance of Seller's obligations to convey the Property in accordance with the terms of this Agreement. Any suit by Purchaser to enforce specific performance under this Agreement must be filed on or before sixty (60) days after the Closing Date or Purchaser's right to enforce specific performance under this Agreement shall be forever waived. Notwithstanding the foregoing, if specific performance is not available due to an affirmative act by Seller following the Effective Date, Purchaser may pursue all remedies available at law or in equity. In no event shall Seller be liable for consequential, punitive or special damages. 8.2 Seller's Remedies. If Purchaser should fail to consummate this transaction due to Purchaser's default hereunder, and such failure continues for a period of ten (10) days following written notice thereof from Seller to Purchaser then Seller's sole and exclusive remedy shall be to terminate this Agreement and receive all Earnest Money Deposits and any Extension Fees as full liquidated damages. The parties acknowledge that Seller's actual damages in the event of a default by Purchaser under this Agreement will be difficult to ascertain, and that such liquidated damages represent the parties' best estimate of such damages. The limitation of damages set forth herein shall not apply to any indemnities, covenants or obligations of Purchaser which expressly survive either the termination of this Agreement or Closing, for which Seller shall be entitled to all rights and remedies available at law or in equity. ARTICLE 9 CONDITIONS TO CLOSING 9.1 Conditions to Purchaser's Obligations. Notwithstanding anything contained herein to the contrary, the obligation of Purchaser to close the transaction contemplated herein is expressly made subject to the following: (a) The truth and accuracy in all material respects, as of the date of this Agreement and as of the Closing Date or any extension thereof, of each and every warranty and representation made herein by Seller; and (b) As of the Closing Date or any extension thereof, Seller shall have performed all of its covenants, agreements and obligations hereunder and all deliveries to be made to Seller at the Closing shall have been tendered. The foregoing conditions are for the benefit of Purchaser and Purchaser shall have the right to waive any of such conditions by providing written notice of said waiver to Seller. If, on or before the Closing Date, any of such conditions remains unsatisfied and Purchaser has not waived any of such unsatisfied conditions, Purchaser may notify Seller of the unsatisfied condition in writing, and Seller shall attempt to correct the matter in question. If the condition is not corrected by Seller before the Closing Date, 1105 G:\WP\3957.02\Docs\Contract8.doc Purchaser may, at its option, (i) proceed to Closing, thereby waiving any claim for breach of the condition; or (ii) terminate this Agreement by delivering a written termination notice to Seller and Escrow Agent, in which event Purchaser shall be entitled to a refund of all the Earnest Money Deposits and any Extension Fees. 9.2 Conditions to Seller's Obligations. Notwithstanding anything provided herein to the contrary, the obligation of Seller to close the transaction contemplated herein is expressly made subject to the following: (a) The truth and accuracy in all material respects, as of the date of this Agreement and as of the Closing Date or any extension thereof, of each and every warranty and representation made herein by Purchaser; and (b) As of the Closing Date or any extension thereof, Purchaser shall have performed all of its obligations hereunder and all deliveries to be made by Purchaser at the Closing shall have been tendered. The foregoing conditions are for the benefit of Seller and Seller shall have the right to waive any of said conditions by providing written notice of said waiver to Purchaser. If, on or before the Closing Date, any of such conditions remains unsatisfied and Seller has not waived any of such unsatisfied conditions, Seller may notify Purchaser of the unsatisfied condition in writing, and Purchaser shall attempt to correct the matter in question. If the condition is not corrected by Purchaser before the Closing Date, Seller may, at its option, (i) proceed to Closing, thereby waiving any claim for breach of the condition; or (ii) terminate this Agreement by delivering a written termination notice to Purchaser and Escrow Agent, in which event Seller shall be entitled to retain all of the Earnest Money Deposits and any Extension Fees. ARTICLE 10 MISCELLANEOUS 10.1 Assignment. This Agreement shall not be assigned by Purchaser without the prior written consent of Seller; provided, however, such consent shall not be required if (a) the Agreement is assigned to an entity which is owned by or controlled by the same person or persons which own or control Purchaser; (b) Seller is provided a fully executed copy of such assignment no later than ten (10) days prior to Closing, and (c) the assignee assumes in writing all obligations and liabilities of the Purchaser under this Agreement. In the event Purchaser does assign its interest in this Agreement as provided herein, Purchaser shall remain liable and responsible for all Purchaser's obligations, warranties and covenants contained herein. 10.2 Successors and Assigns. Subject to the limitations described above in Section 10.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 1106 G:\WP\3957.02\Docs\Contract8.doc 10.3 Amendments. Except as otherwise provided herein, this Agreement may be amended or modified by, and only by, a written instrument executed by Seller and Purchaser, acting by their respective duly authorized agents or representatives. 10.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 10.5 Section Headings. The section headings inserted in this Agreement are for convenience only and are intended to, and shall not be construed to, limit, enlarge or affect the scope or intent of this Agreement, nor the meaning of any provision hereof. 10.6 Effective Date. The "Effective Date" of this Agreement shall be the date that the last party other than the Escrow Agent shall have executed this Agreement on the signature pages hereof. 10.7 Merger of Prior Agreements. This Agreement supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. 10.8 Attorneys' Fees and Costs. In any litigation arising out of or pertaining to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorneys' fees, whether incurred before, after or during trial, or upon any appellate level. 10.9 Time. Time is of the essence of this Agreement. When any time period specified herein falls or ends upon a Saturday, Sunday or legal holiday under the laws of the State of Texas, the time period shall be automatically extended to 5:00 P.M. Central on the next ensuing business day. 10.10 Confidentiality. The terms and subject matter of this Agreement shall be kept confidential by Seller and Purchaser, and shall not be shared with third parties, other than agents and representatives of same, as necessary to close the transaction contemplated hereby or as otherwise required by law. 10.11 Independent Consideration. As independent consideration for this Agreement, $3,000.00 of the Initial Earnest Money shall be held by the Title Company for the benefit of Seller (the "Independent Consideration"), and, upon any termination of this Agreement, the Independent Consideration shall be promptly delivered to Seller (except and only to the extent that the entire Initial Earnest Money has already been delivered to Seller). Any reference in this Agreement to a delivery or return of the Earnest Money Deposits to Purchaser shall expressly exclude the Independent Consideration, which has been bargained for and is consideration for Purchaser's exclusive option to purchase the Property. 10.12 Counterparts and Electronic Delivery. This Agreement and any amendments and any addenda, notices and other attachments hereto may be executed and delivered in any number of counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same contract, 1107 G:\WP\3957.02\Docs\Contract8.doc amendment or attachment with the same effect as if the parties had signed the same document. Any such counterpart, to the extent delivered by means of a fax machine or by .pdf, .tif, .gif, .jpeg or similar attachment to electronic mail (any such delivery, an "Electronic Delivery") shall be treated in all manner and respects as the delivery of an original executed counterpart and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. No party hereto shall raise the use of Electronic Delivery to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of Electronic Delivery as a defense to the formation of a contract, and each such party forever waives any such defense, except to the extent that such defense relates to lack of authenticity 10.13 Invalidity. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible the remainder of this Agreement shall be deemed valid and operative. 10.14 Survival. Unless otherwise expressly provided in this Agreement to the contrary, none of the covenants, agreements, representations and warranties contained herein shall survive Closing. 10.15 No Third-Party Beneficiary. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any person or entity as a third-party beneficiary, decree or otherwise. 10.16 No Recordation. Without the prior written consent of both parties, there shall be no recordation of either this Agreement or any memorandum hereof, or any affidavit pertaining thereto, and any such recordation of this Agreement, memorandum or affidavit without the prior written consent of both parties, shall constitute a default hereunder by the party who secures such recording. 10.17 Contract Construction. Purchaser and Seller acknowledge that this Agreement was prepared after substantial negotiations between the parties. This Agreement shall not be interpreted against either party solely because such party or its counsel drafted the Agreement. 10.18 Capacity. Except as hereinafter provided, each person executing this Agreement hereby represents and warrants that he or she has the authority to do so and that his or her signature shall bind the entity for which he or she signed. Each party hereto shall provide the Title Company with such documentation as the Title Company deems necessary to evidence the authority of that party to perform the actions contemplated herein. 10.19 Withdrawal of Offer. Purchaser must accept this Agreement by signing and returning a fully executed copy of the same to Seller and to the Title Company within five (5) days from the date of Seller's execution hereof, or this offer may, at Seller's option, be deemed to be withdrawn. 1108 G:\WP\3957.02\Docs\Contract8.doc 10.20 Plugging of Gas Well. With respect to the gas well referenced in those certain oil and gas leases dated October 8, 2001, by and between Denton Property, Ltd., as Lessor, and NationsGas Partners, LLC., as Lessee, copies of which are attached to this Agreement as Exhibit "C", Seller agrees to cooperate with Purchaser and the operator of the gas well in the submission of Form W-3A, Notice of Intention to Plug and Abandon, to the Rail Road Commission of Texas, in an effort to have the gas well plugged by February 28, 2022. Notwithstanding the foregoing, Purchaser acknowledges and agrees that the Form W-3A is submitted by the operator of the gas well and that Seller makes no representation or warranty that the gas well will be plugged by February 28, 2022 or at any time prior to the Closing. The plugging of the gas well shall not be a condition to closing nor shall the failure of the gas well to be plugged prior to the Closing be a Seller default. 10.21 Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given (a) when delivered, if delivered by hand delivery, U.S. Post Office, nationally recognized overnight delivery service, or by electronic means. Notices shall be addressed as follows: If to Seller: Denton Property, Ltd. Attn: Paul Hoffman 8100 Tin Top Hwy. Weatherford, Texas 76087 E-mail: pauldhoffman23@gmail.com With a copy to: Andrews & Barth, PC 8235 Douglas Avenue, Suite 1120 Dallas, Texas 75252 Attn: Angela R. Maverick Ph: 214-346-1194 E-mail: amaverick@andrews-barth.com If to Purchaser: NuRock Acquisitions, LLC Attn: Christian Garcia 600 W 6th Street 4th Floor, Suite 172 Fort Worth, TX 76102 Ph: (678) 862-5941 E-mail: cgarcia@nurock.com 1109 G:\WP\3957.02\Docs\Contract8.doc With a copy to: NuRock Companies Attn: Rob Hoskins 800 North Point Parkway Suite 125 Apharetta, GA 30005 Ph: 770-552-8070 E-mail: _____________________ NuRock Acquisitions of Florida, LLC Attn: Robby D. Block 8794 Boynton Beach Blvd., Suite 219 Boynton Beach, Florida 33472 Ph: 561-756-0329 E-mail: _____________________ If to Escrow Agent: Johanna Howell, V.P. Commercial Escrow Officer National Title Group, LLC 4131 N. Central Expy., Ste. 450 Dallas, Texas 75204 Ph: 214-520-9999 E-mail: Email: Johanna@nationaltitlegroup.com SIGNATURES ON FOLLOWING PAGES 1110 IN WITNESS WHEREOF, the parties hereto have executed this Agreement onthe day and year reflected below. NUROCK ACQUISITIONS, LLC,a Texas limited liability company By:Name: Robby BlockTitle: Authorized RepresentativeDate: January ______, 2022 Signatures Continue on Following Page G:\WP\3957.02\Docs\Contract8.doc 5 1111 SELLER: DENTON PROPERTY, LTD.,a Texas limited partnership By: __________________________________ Paul Hoffman, Co-General Partner Date: January ______, 2022 By: __________________________________ Faye Hilpert, Co-General Partner Date: January ______, 2022 By: __________________________________ Katherine Hoffman, Co-General Partner Date: January ______, 2022 By: __________________________________ Clark Read Hoffman, Co-General Partner Date: January ______, 2022 G:\WP\3957.02\Docs\Contract8.doc 6th 1112 1113 1114 1115 G:\WP\3957.02\Docs\Contract8.doc ADDENDUM Escrow Agent accepts its designation as Escrow Agent hereunder and acknowledges receipt of the Earnest Money as herein provided. NATIONAL TITLE GROUP, LLC By: ___________________________ Its: __________________________ Date: January ______, 2022 1116 G:\WP\3957.02\Docs\Contract8.doc EXHIBIT "A" +/- 18.52-acre tract located at FM 1830, Denton, TX Legal Description A0900A T.J. MARTIN, TR 14, 18.52 ACRES, OLD DCAD TR 5      1117 G:\WP\3957.02\Docs\Contract8.doc EXHIBIT "B" Earnest Money Payment Schedule Deposit/Release Amount Date Deposit $35,000.00 5 Business Days from Effective Date Release $5,000.00 March 31, 2022 Release $30,000.00 July 29, 2022 Deposit $50,000.00 August 1, 2022 Release $50,000.00 August 2, 2022 Deposit & Release $15,000.00 September 30, 2022 Deposit & Release $15,000.00 October 30, 2022 Deposit & Release $15,000.00 November 29, 2022 1118 G:\WP\3957.02\Docs\Contract8.doc EXHIBIT "C" Oil and Gas Leases 1119 G:\WP\3957.02\Docs\Contract8.doc 1120 G:\WP\3957.02\Docs\Contract8.doc 1121 G:\WP\3957.02\Docs\Contract8.doc 1122 G:\WP\3957.02\Docs\Contract8.doc 1123 G:\WP\3957.02\Docs\Contract8.doc 1124 G:\WP\3957.02\Docs\Contract8.doc 1125 G:\WP\3957.02\Docs\Contract8.doc 1126 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING NUROCK DEVELOPMENT PARTNERS, INC.’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE RESIDENCES AT PARKVIEW TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN THE AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, NuRock Development Partners, Inc. ("Applicant") is proposing the new construction of a single-family affordable rental housing development to be named the Residences at Parkview (the "Project"); and WHEREAS, the Project is to be located at approximately FM 1830, Denton, TX 76210, more particularly described in Exhibit A attached hereto; WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit B (the " Fee Reduction Letter"), committing to provide a development fee reduction in an amount of $500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 3. The City affirms its commitment to provide Applicant with fee reductions in a total amount not to exceed $500.00 in connection with the development of the Project conditioned on: ( i) the Applicant securing the 9% housing tax credit from the TDHCA, and ( ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. 1127 SECTION 4. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. SECTION 5. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 6. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 1128 EXHIBIT "A" +/- 18.52-acre tract located at FM 1830, Denton, TX Legal Description A0900A T.J. MARTIN, TR 14, 18.52 ACRES, OLD DCAD TR 5      1129 Exhibit B City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Christian Garcia The NuRock Companies 600 W 6th Street 4th Floor, Suite 472 Fort Worth, TX 76102 RE: Commitment of Development Funding by Local Political Subdivision for NuRock Development Partners, Inc. for the proposed new construction of the Residences at Parkview Apartments located at approximately FM 1830, in Denton, City of Denton, Denton County, Texas Dear Mr. Garcia, The City affirms its commitment to NuRock Development Partners, Inc. (the Applicant) for The Residences at Parkview Apartments development (the “Project”) with fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1130 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Christian Garcia The NuRock Companies 600 W 6th Street 4th Floor, Suite 472 Fort Worth, TX 76102 RE: Commitment of Development Funding by Local Political Subdivision for NuRock Development Partners, Inc. for the proposed new construction of the Residences at Parkview Apartments located at approximately FM 1830, in Denton, City of Denton, Denton County, Texas Dear Mr. Garcia, The City affirms its commitment to NuRock Development Partners, Inc. (the Applicant) for The Residences at Parkview Apartments development (the “Project”) with fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1131 Residences at Parkview 9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.1132 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1682COMMUNITY SERVICES1133 FEBRUARY 01, 2022 ‐ ID 22‐1683MAPProject Location MapFM 1830 Denton, TX 76210 COMMUNITY SERVICES1134 FEBRUARY 01, 2022 ‐ ID 22‐1684MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius MapFM 1830 Denton, TX 76210 There are no affordable multi‐family housing projects within 2 miles of the site location.1135 FEBRUARY 01, 2022 ‐ ID 22‐1685COMMUNITY SERVICES±18.52 ACRES (10 acres will be dedicated as City Park)CURRENT ZONING: o(R2) ‐ Residential 2. Zoning change to R4 will be requested. Specific Use Permit (SUP) required and use‐specific standards apply.TAX STATUS: oThe property will be paying property taxes.PROJECTRESIDENCES AT PARKVIEW1136 INCOME RESTRICTIONS:earning between 30% and 70% AMI.Units will be for sale to the tenants after 10 years.PROJECTED UNITS/RENTS:FEBRUARY 01, 2022 ‐ ID 22‐1686COMMUNITY SERVICESPROJECTRESIDENCES AT PARKVIEW1137 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1687COMMUNITY SERVICES1138 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-169,Version:1 Consider approval of a resolution of the City of Denton supporting Overland Property Group,LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Reserves at Magnolia Apartments to provide affordable rental housing;committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™1139 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting Overland Property Group, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Reserves at Magnolia Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 1140 for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - The Reserves at Magnolia Figure 1 – Location map  Project Type: General, New Construction 1141 Applicant: Overland Property Group, LLC Location: 1020 N. Willowwood, Denton, TX 76205 City Council District: 3 Current Zoning: (R4) Residential 4. The use is prohibited in the respective zoning district. Taxable Status of the Development: The property will be paying property taxes. Figure 2 – Unit Mix Proposed Total Units: 54 affordable units + 6 market rate units. Proposed Unit Income Breakdown: A mixed-income development, the proposed development currently includes income bands of 30% AMI, 50% AMI, 60% AMI and Market Rate Proposed Unit Sizes: One, two, and three-bedroom units between 662 – 1,065 square feet. Projected Rents: $416-$1,528 per month Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1.Approve a Resolution of Support as presented 2.Do Not Approve the Resolution of Support 3.Postpone to a date certain to allow for further deliberation EXHIBITS 1.Agenda Information Sheet2.Application for a Resolution of Support3.Draft Resolution of Support4.Draft Fee Reduction Letter5.Presentation 6.LLC Members List Respectfully submitted: Dani Shaw Director of Community Services 1142 APPLICATION FOR RESOLUTION OF SUPPORT THE RESERVES AT MAGNOLIA 1020 N. WILLOWWOOD RD. 1143 TABLE OF CONTENTS 2 Application form Section 2 - Applicant Information a.OPG resume & development roster Section 3 - Project Narrative & Attachments a.Preliminary site plan b.Location map (have amenities for Magnolia) c.Census tract map d.Letter of zoning verification or status of rezoning request from the City e.Support and/or opposition from the community f.TDHCA self score matrix g.Tenant population, restrictions & supportive services h.Unit & site amenities i.Quality of design & construction j.Compatibility with City’s Comprehensive Plan Section 4 - Financial Narrative a.Proforma b.Annual partner audit c.Taxable status of development - Development will pay property taxes d.NA - Project will not be tax exempt 1144 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support  Stating No Objection Is the property: New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2. APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #:Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you  using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%* MR Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 31145 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; Letter of support and/or opposition from the school district(s) (if project will be tax exempt); Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 31146 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using  the e‐mail addresses provided, of the meeting dates as soon as they are scheduled.  CERTIFICATION February, 202•: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 202•: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 31147 3 APPLICANT INFORMATION SECTION 2 1148 DEVELOPMENT RESUME JANUARY 2022 2a. 1149 HISTORY ABOUT THE DEVELOPER 5 1150 6 Overland Property Group, (OPG), has developed over $750 million in multi-family and senior living communities since 2002. As of December 2021, the company has 10 projects in various stages of closing, construction or lease-up. OPG has not only become one of the fastest growing owner/developers in a six state region, but has also established a reputation as one of the most dynamic and innovative developers of independent senior living communities in the country. Through extensive experience, OPG has built and a maintained strong relationships with lenders, contractors, architects, engineers, and a number of other vendors that have allowed OPG to streamline the overall development process allowing for significant economies of scale. As a result, OPG has been able to market a highly sustainable model with an estimated site acquisition to construction completion period. 1151 7 2004 2006 2008 2010 2012 2014 2016 2018 2020 0 30,000,000 60,000,000 90,000,000 120,000,000 ANNUAL PRODUCTION ($) LENDERS & INVESTORS ABOUT THE DEVELOPER 1152 THE TEAM ABOUT THE DEVELOPER 8 1153 9 ‣Pat is one of the Managing Partners of Overland Property Group, LLC. He has been involved in each sector of the business and currently oversees the day-to-day operations of OPG and heads the debt and equity partnerships for in-construction development and operating apartments. Since joining the organization, Pat has worked diligently to create new partnerships for OPG including debt and equity providers, corporate banking relationships as well as accounting and legal. These relationships have been one of the cornerstones of OPG’s success and stability. Pat has been instrumental in helping plan and execute OPG’s growth both internally and externally. From his active local support of charitable organizations and raising millions for not-for-profit development efforts in OPG’s hometown of Salina, KS to his current business ownership, his entrepreneurial spirit has always driven him to push the company vision and forge successful expansion and direction through strong relationships. Salina, KS Office PAT BEATTY MANAGING PARTNER ‣Matt is one of the Managing Partners of Overland Property Group, LLC. He has expertise in architecture, construction, planning, management, investment and public relations which allows him to spearhead all aspects of real estate development and the company. In a relatively short time Matt has accomplished a great deal, from winning multiple national and regional development awards to being the Keynote Speaker at countless national events. His innovative ideas, energy and vision are clear keys to the success of Overland Property Group. ‣In addition to his work running OPG and as a developer, Matt is very active serving on numerous boards related to development and affordable housing. Matt’s ability to quickly form mutually beneficial relationships, his problem solving skills as wells as. His vision for new apartment communities make him a crucial part of OPG’s success. Joined OPG in 2009. Leawood, KS Office MATT GILLAM MANAGING PARTNER 1154 10 ‣Throughout her career at OPG, she has worked in development & operations, facilitating everything between land acquisition and debt & equity closings. Her current role uses her diverse skill set to expand the development pipeline. April joined OPG in 2018. Leawood, KS Office APRIL ENGSTROM DEVELOPMENT ASSOCIATE - KANSAS CITY OFFICE ‣Lauren comes to OPG with extensive experience having worked at two of the largest affordable housing developers in the country (Michaels and Fairstead) over the last nine years. Her work spans from 4% to 9% deals from dirt to stabilization specializing in aq. rehab. New York, NY Office LAUREN JENSEN DIRECTOR OF DEVELOPMENT ‣Ryan is responsible for sourcing and overseeing the development of everything from affordable to luxury, multi-family to senior. Ryan joined OPG with nearly 15 years of residential development experience completing over $250 million in affordable developments alone across the United States. Most recently Ryan was the Senior Vice President of The Michaels Organization where he was responsible for the Western United States. Denver, CO Office RYAN ZENT VICE PRESIDENT OF DEVELOPMENT 1155 11 ‣As Development Closing Specialist, Amanda serves as lead contact for communication with attorneys, lenders, title companies, surveyor’s and investors to ensure successful closings. She spearheads company due diligence responses and coordinates closings. Prior to joining OPG, Amanda was a Paralegal for The Illig Family Enterprise Company and in the Real Estate Development practice group of Polsinelli PC in Kansas City. Leawood, KS Office AMANDA KLAUS DEVELOPMENT CLOSING SPECIALIST ‣Tish collaborates with construction teams and developers throughout multiple projects from pre development through completion. Her strong accounting background provides awareness in achieving accurate project completion deadlines, reporting and company budget goals. Tish previously worked as Operations Director for Property Management Firm for nearly 20 years.  She offers an extensive background in all facets of the multi-family industry including LIHTC, Historic Tax Credit, HUD 221 (d-4) and soft market rehabilitation. Leawood, KS Office TISH JANECZKO CONSTRUCTION OPERATIONS MANAGER ‣Dan is the Director of Construction at OPG. He brings over 20 years of construction experience and knowledge in multi-family and senior living of all sizes and finish levels across the United States to OPG. This allows him to direct all facets of construction at OPG and helps give OPG a strategic advantage, building on their already impeccable reputation of quality, timing and results. Dan has directly overseen or directly constructed more than $350 million (over 65 projects) in apartments and senior living in the last 20 plus years. Dan joined OPG in 2018. Leawood, KS Office DAN MAXIMUK DIRECTOR OF CONSTRUCTION 1156 12 ‣Erik is the Vice President of Asset Management at OPG. He brings over 22 years of management experience and leadership to OPG. His relationship driven personality and knowledge is a valuable asset to Overland Property Group . Joined OPG September 2021. Denver, CO Office ERIK SABOTKA VICE PRESIDENT OF ASSET MANAGEMENT ‣Matt is the Director of Asset Management at OPG. With over 12 years of expertise analyzing portfolio financials and operating metrics along with compliance for one of the largest affordable housing developers and owners in the county. Matt is focused on the financial performance of the portfolio while making sure the communities are maintained and operated to the high standards of OPG for the residents. Joined OPG May of 2020. Denver, CO Office MATT WIERICHS DIRECTOR OF DEVELOPMENT ‣Kelsey Whitney - Chief of Staff/ HR ‣Julie Cammack - Controller ‣Caroline May - Asset Coordinator ‣Jake Wren - Asset Analyst OTHER KEY TEAM MEMBERS ‣Eric Wyancko - Development Associate ‣Emily Puckett - Corporate Coordinator ‣Megan Wetter - Executive Assistant 1157 AWARDS & ACCOLADES ABOUT THE DEVELOPER 13 1158 AWARD WINNING DEVELOPMENT FIRM OPG has collected numerous awards over the years for their development work. The latest of which is the Charles Edson award for historic preservation. Other awards include: - Colorado Governor’s Award for Historic Preservation - 3 Ad Astra Awards for innovation in affordable development - AHF Affordable Housing Excellence Award - Colorado Eagle Award for New Construction Development 14 NATIONALLY RECOGNIZED DEVELOPMENTS 1159 AWARDS 15 2021 Kansas Preservation Alliance Award Winner, Lee Lofts Charles L. Edson Tax Credit Excellence Award Winner - Historic Preservation, Landmark at Lamar 2020 Best Historic Rehab Finalist Texas Downtown Association, Landmark at Lamar 2018 Colorado Housing Eagle Award - People’s Choice, The Reserves at Steamboat Springs Ad Astra Award - New Housing Development, The Reserves at Trail Ridge 2016 Top 50 Affordable Housing Developers - Affordable Housing Finance Historic Preservation Governor’s Award, Tabor Grand Hotel Apartments Affordable Housing Finance - Reader’s Choice Finalist, Tabor Grand Hotel Apartments 2014 Ad Astra Award - Innovation in Housing & Community Development, The Reserves at Cimarron Valley 2010 Ad Astra Award - Special Achievement in Affordable Housing Development - Rural 2009 Ad Astra Award - Special Achievement in Affordable Housing Development - Urban 2008 Ad Astra Award - Special Achievement in Affordable Housing Development - Urban 1160 16 PORTFOLIO 70 DEVELOPMENTS AND OVER 3,750 UNITS 6 STATES AND OVER 45 DIFFERENT COMMUNITIES MULTI-FAMILY / SENIOR / HISTORIC / LUXURY /AFFORDABLE 1161 RECENTLY COMPLETED DEVELOPMENTS PORTFOLIO 17 1162 LEE MERCANTILE LOFTS SALINA, KS 18 Vacant for over 40 years OPG did a top to bottom historical renovation turning the vacant buildings, which was the original birthplace of Lee Jeans into 53 affordable and market rate loft-style apartments with first floor commercial space 1163 RESIDENCE AT OVERLOOK RIDGE CANYON LAKE, TX 19 The Residence at Overlook Ridge, comprised of 35 units, was one of the first independent senior living communities developed in the Hill Country resort town of Canyon Lake. Its sister property, The Residence at Canyon Lake, is the only other affordable housing development in town. 1164 ALPENGLOW VILLAGE STEAMBOAT SPRINGS, CO 20 Developing in Colorado resort communities is a challenge but developing affordable housing is almost impossible. This 72 unit affordable development leased up in 3 hours and has over 400 people on a waiting list, it’s also constantly confused with being luxury condos. 1165 THE RESERVES AT PRESTON TRAILS WOLFFORTH, TX 21112 multi-family units of affordable and market rate apartments 1166 TABOR GRAND HOTEL APARTMENTS LEADVILLE, CO 22 The Tabor Grand Hotel Apartments has one of the most storied histories of any building in the United States. From being the old hangout of Doc Holiday to the unsinkable Molly Brown this building had the Silver Dollar unveiled on the roof by the President of the United States and ever since the exhaustive renovation the proud pillar of downtown Leadville. 1167 FAIRWAYS OF IRONHORSE LEAWOOD, KS 23 The Fairways of Ironhorse demonstrates just how innovative and high quality our team can achieve. Reinventing senior living with this boutique concept that incorporates only the finest materials and finishes down to the custom furniture and all original art in the community. 1168 RESERVES AT STEAMBOAT SPRINGS STEAMBOAT SPRINGS, CO 24 This development brought the first ever affordable housing using the LIHTC program to Steamboat Springs and broke a 30 year drought in affordable development in the community. This was the building block for the communities rally to expand and continue this type of development, demonstrating the overwhelming high quality housing achieved. 1169 OVERLAND PROPERTY GROUP DEVELOPMENTS Under Construction Lease-Up Awarded / Pre-Development PROPERTY TYPE ADDRESS CITY ST COMPL ETED LIHTC UNITS TOTAL UNITS Alpenglow Village Family Hwy 40 at Pine Grove Road Steamboat Springs CO 2020 48 72 Anglers Four Hundred Family 400 Anglers Dr. Steamboat Springs CO 2022 75 75 Bee Creek Apartments Family 200 Buzz St.Branson MO 2011 0 224 Bella Rose Senior 1203 W. 14th St Coffeyville KS 2007 20 20 Clifton Riverside Family 2406 E. Belknap Fort Worth TX 2022 80 94 The Reserves at Cimmaron Valley Family 2804 N. 6th St.Dodge City KS 2012 32 32 The Reserves at Cimmaron Valley II Family 2804 N. 6th St.Dodge City KS 2014 48 48 Flor De Sol I Family 555 East Pine Liberal KS 2009 32 32 Flor De Sol II Family 555 East Pine Liberal KS 2011 32 32 Flor De Sol III Family 555 East Pine Liberal KS 2012 16 16 The Villages at Liberal Family 555 East Pine Liberal KS 2013 24 24 Green Valley Ranch - Affordable Family 17800 E Green Valley Ranch Blvd.Denver CO 2022 144 144 Green Valley Ranch - Market Family 17800 E Green Valley Ranch Blvd.Denver CO 2022 0 72 Heritage at Abilene Senior 1011 S. 9th St. Abilene TX 2023 29 29 Heritage at Hawthorne I Family 715 N. 9th St Salina KS 2012 32 32 Heritage at Hawthorne II Family 715 N. 9th St Salina KS 2017 16 16 Highland Ridge I Family 509 Stone Dr.Manhattan KS 2008 96 96 Highland Ridge II Family 509 Stone Dr.Manhattan KS 2008 0 144 Laurel Flats Family 1208 E. Houston St.Tyler TX 2021 85 89 Lee Lofts Family 254 N Santa Fe Salina KS 2020 33 53 The Residence at Overlook Ridge Senior 79678 FM 306 Canyon Lake TX 2021 30 30 Prairie Glen I Family 2515 S. Ohio St Salina KS 2006 48 48 Prairie Glen II Family 2515 S. Ohio St Salina KS 2007 48 48 Residence 600 Senior 600 E. Elm St.Salina KS 2013 0 24 The Villas at Ridge Pointe I Senior 6625 State Ave.Kansas City KS 2007 40 40 The Villas at Ridge Pointe II Senior 6625 State Ave.Kansas City KS 2015 15 15 Riverview Villas Family 2017 S. Washington St.Marquette KS 2006 12 12 The Reserves at Stonepost I Family 109 E. 4th St.Hays KS 2008 32 32 The Reserves at Stonepost II Family 109 E. 4th St.Hays KS 2010 16 16 The Reserves at Stonepost III Family 109 E. 4th St.Hays KS 2012 15 15 1170 Stonepost Lofts Family 305 Main St.Hays KS 2022 18 18 Tabor Grande Hotel - Historic Family 711 Harrison Ave Leadville CO 2016 37 37 The Fairways at Ironhorse Senior 5241 W 151st Leawood KS 2018 0 72 The Gardens at Creekside Senior 16110 W. 133rd. St.Olathe KS 2009 87 144 The Gardens at Jackson Creek Senior 19401 E. 40th St.Independence MO 2014 0 113 The Reserves at Autumn Sage Senior 5801 Autumn Sage Ln Abilene TX 2018 28 35 The Reserves at Briarwood Family 900 W. Monroe St.Washington IA 2016 30 32 The Reserves at Brookside Family 600 E. Wilson St Borger TX 2016 46 48 The Reserves at Hawkeye Family S. Linn St. & Hawkeye Dr.Boone IA 2023 48 48 The Reserves at High Plains Family 702 Oak St.Dumas TX 2014 60 64 The Reserves at Holdsworth Family 253 N. Holdsworth Dr. Kerrville TX 2023 36 36 The Reserves at Ironwood Family 1302 High Ave. West Oskaloosa IA 2016 46 48 The Reserves at Maplewood Family 3200 Maplewood DR.Wichita Falls TX 2016 36 36 The Reserves at Maplewood II Family 3200 Maplewood DR.Wichita Falls TX 2020 36 36 The Reserves at Mill Farm Family 1123 W. 16th St.Pella IA 2015 31 32 The Reserves at Mill Farm II Family 1123 W. 16th St.Pella IA 2020 43 48 The Reserves at Perryton Family 2401 S Jefferson St. Perryton Perryton TX 2017 48 48 The Reserves at Prairie Ridge Family 3301 Campus Dr.Garden City KS 2013 32 32 The Reserves at Prairie Ridge II Family 3301 Campus Dr.Garden City KS 2015 32 32 The Reserves at Prairie Ridge III Family 3301 Campus Dr.Garden City KS 2017 32 32 The Reserves at Preston Trails Family 7300 Alcove Ave.,Wolfforth TX 2017 96 112 The Reserves at South Lake Family 500 Industrial Ave. Grinnell IA 2023 48 48 The Residence at Ridgehill Senior 160 & 170 Lehmann Dr.Kerrville TX 2023 40 43 The Reserves at Saddleback Ranch Family Flint Ave Wolfforth TX 2021 48 48 The Reserves at Saddlebrook Family 907 S. Red River Expressway Burkburnett TX 2014 60 64 The Reserves at South Plains Family 2011 98th St.Lubbock TX 2016 83 108 The Reserves at Steamboat Springs Family 2100 Elk River Rd Steamboat Springs CO 2017 48 48 The Reserves at Storm Lake Family 1300 N Seneca St.Storm Lake IA 2014 31 32 The Reserves at Summit West Family 4620 Barnett Rd.Wichita Falls TX 2017 36 36 The Reserves at Trail Ridge Family 811 Grant St.Great Bend KS 2016 48 48 The Reserves at Trail Ridge II Family 811 Grant St.Great Bend KS 2018 48 48 The Residence at Alsbury Senior 746 Ridgehill Drive Burleson TX 2021 80 83 The Residence at Arbor Grove Senior 1118 Gibbins Road Arlington TX 2019 107 126 The Residence at Canyon Lake Senior 1500 Island View Canyon Lake TX 2020 35 35 The Residence at Lamar Senior 1100 Lamar Street Wichfita Falls TX 2019 28 30 The Residence at Wolfforth Senior 111 TX Loop, 193 Wolfforth TX 2019 41 49 The Residence at Yukon Hills Senior 105 E. Bass Avenue Yukon OK 2017 60 60 1171 OVERLANDPG.COM KANSAS CITY OFFICE 5341 W. 151st Terrace Leawood, Kansas 66224 (913) 396-6310 SALINA KANSAS OFFICE 254 N Santa Fe Ave, Suite A Salina, KS 67401 (785) 371-1663 DENVER COLORADO OFFICE Coming soon 1172 28 PROJECT NARRATIVE & ATTACHMENTS SECTION 3 1173 29 THE RESERVES AT MAGNOLIA 1020 N. Willowwood St. Overland Property Group is excited to present our proposal for a mixed-income, multi-family community to be located at 1020 N. Willowwood St.. This proposed development will consist of 60 apartment units, with income restrictions ranging from 30% - 60% of the Area Median Gross Income, with annual gross income limits ranging from $26,070 - $52,147. In addition, we are projecting that this development will include 6 market rate units. Please see Section 3g. for The Reserves at Monarch’s detailed unit mix. After reviewing the City of Denton’s 2030 Plan, the Denton Future Land Use Map, the City of Denton’s Consolidated Plan, Action Plan, and Fair Housing Plan and Analysis of Impediments to Housing Choice report, we believe that this development is in close alignment with the needs of Denton’s community members and the City of Denton as a whole. Please see Section 3j. for a further analysis. Having developed over 70 properties throughout the midwest, Texas, and Colorado, Overland Property Group brings nearly two decades of experience, knowledge, and expertise to the table, which is made evident by the quality of our communities. The Reserves at Magnolia will include spacious common areas, units outfitted with Energy Star rated appliances, a clubhouse, ample green space, LED lighting, walk-in closets, and luxury LVT flooring. Please see Section 3h. for further detail on both unit & site amenities. Overland Property Group’s strong level of experience in affordable housing aids us in addressing the affordable housing shortage crisis, now more prevalent throughout the US and Texas than ever before. This application’s accompanying documentation addresses the items as presented in the City of Denton’s Housing Tax Credit Application. Please see the Table of Contents, and bookmarked pdf tabs for further information. ABOUT THIS COMMUNITY PRE-APPLICATION TO TDHCA JANUARY 7, 2022 FULL APPLICATION TO TDHCA MARCH 1, 2022 AWARD NOTIFICATION JULY 28, 2022 CLOSING & CONSTRUCTION START JANUARY 2023 CONSTRUCTION COMPLETION JANUARY 2024 FULLY OCCUPIED JUNE 2024 TIMELINE IF AWARDED CREDITS 1174 30 Management The Reserves at Magnolia will be managed by Seldin Company, continuing its relationship of over a decade with Overland Property Group. Seldin manages OPG’s Texas portfolio of over 19 communities, in addition to other OPG developments across the midwest. 1175 31 Management (cont.) Seldin Company is a leading property management firm with deep roots throughout the Central United States. Headquartered in the heart of the Great Plains (Omaha, NE), Seldin was founded in 1923 and engages in the management and expansion of multifamily apartment communities. With decades of expertise managing affordable and conventional communities, Seldin Company is proud to be an employer of choice and manager of properties that are the best places for residents to call home. The mission of Seldin Company has always emphasized both employees and residents as the core of its business success. Seldin employees dedicate themselves to the preservation of the physical properties and an outstanding culture. Seldin Company provides a wide range of property management and leasing services for luxury apartments to HUD-assisted, and Housing Tax Credit communities. We are also committed to providing quality and affordable senior housing. “The business we are in protects one of the most vital and foundational human needs – the home. The care and consideration each of our employees puts forth to ensure the families we house have the best possible living environment is easy to see.” - Alicia Clark, President and CEO Seldin Specialities: ‣Multifamily Property Management ‣Affordable Housing ‣New Construction Lease-Ups ‣Development & Consulting ‣HUD-Assisted & Housing Tax Credit Communities ‣Value-Add Renovations ‣Repositioning Troubled or Challenging Assets ‣Compliance View Seldin’s full resume here. 1176 32 Preliminary Site Plan 3a.4540 stalls1460 units, 2-stry20JONES GILLAM RENZ12 / 17 / 2021 9KNNQYYQQF4GUGTXGU&GPVQP6:PROJECT DESCRIPTIONCLFTN, BLDG STYLECONCEPT SITE LAYOUTNORTH#SCALE: 1"=40'-0"2 - STORYDETENTION ?, EASEMETNS? Restrictions ??Please note that plans to date are in a conceptual stage. Overland Property Group is working with the City of Denton’s Planning Department to schedule a pre-development meeting to discuss site plans that will best suit the City’s priorities and requirements. 1177 33 Location Map 3b. 1020 N. WILLOWWOOD ST. 1020 N. WILLOWWOOD ST. 1178 34 Location Map (cont.) 1020 N. WILLOWWOOD ST. 1179 35 Census Tract Map 3c. Census Tract Map TKe 5eserves at MaJnolLa Source: https://www.huduser.gov/portal/sadda/sadda_qct.html FULL CENSUS TRACT NUMBER 48121021000 1180 36 Zoning Verification 3d. Department of Development Services / Planning Division 401 N. Elm Street, Denton, TX 76201 y (940) 349-8541 OUR CORE VALUES Integrity y Fiscal Responsibility y Transparency y Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 01/05/2022 April Engstrom 254 N. Santa Fe Ave., Suite A Salem, KS 67401 SUBJECT: ZV22-0005, 1020 Willowwood St. April Engstrom: This letter is to confirm that the zoning classification for the above subject property, commonly known as 1020 Willowwood St., Denton, Texas is (R4) Residential 4. The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: LEGAL DESCRIPTION: A1246A A. TOMPKINS, TR 29, .878 ACRES, OLD DCAD TR 12F ZONING DISTRICT: (R4) Residential 4 ZONING ORDINANCE: DCA18-0009, May 10, 2019 PROPERTY TAX ID: 34090 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Andres Zamudio Andres Zamudio Project Manager Attachments: Location Map City Ordinance 1181 1020 Willowwood St. Override 1 Current Zoning RR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development MPC OVERLAY City Addresses ITN_Aerial Red: Band_1 Green: Band_2 Blue: Band_3 January 5, 2022 0 0.03 0.060.01 mi 0 0.04 0.090.02 km 1:1,200 1182 1020 Willowwood St. Override 1 City Addresses ITN_Aerial Red: Band_1 Green: Band_2 Blue: Band_3 January 5, 2022 0 0.03 0.060.01 mi 0 0.04 0.090.02 km 1:1,200 1183 Subchapter 3: Zoning Districts 3.2 Residential Districts 3.2.5 R4 - Residential Denton, Texas – Denton Development Code 124 Print Date: February 5, 2020 R4 - Residential Purpose The R4 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. Figure 3.2-E: R4 District Dimensional Standards 1184 Subchapter 3: Zoning Districts 3.2 Residential Districts 3.2.5 R4 - Residential Denton, Texas – Denton Development Code 125 Print Date: February 5, 2020 R4 District Dimensional Standards Table 3.2-E: R4 District Dimensional Standards Dimensional Standards Additional Standards LOT DIMENSIONS (MINIMUM) A Lot area 7,000 sq ft 3.7.2A Minimum Lot Dimensions B Lot width 50 feet C Lot depth 80 feet SETBACKS (MINIMUM) D Front yard 20 feet 3.7.3: Setbacks E Side yard 5 feet F Rear yard 10 feet OTHER STANDARDS G Building height (maximum) 40 feet 3.7.5: Building Height Building coverage (maximum) 50 percent 3.7.6: Building Coverage Single-family detached dwelling, townhome, or duplex If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this DDC to Existing Residential Uses and Structures 1185 Denton, Texas – Denton Development Code 215 Print Date: February 5, 2020 Subchapter 5: Use Regulations Purpose and Organization Purpose This subchapter identifies the land uses allowed in the Denton zoning districts and establishes the standards that apply to certain uses (use-specific standards). Organization This subchapter is organized as follows: Section 5.2: Table of Allowed Uses, lists the uses allowed by zoning district and provides cross- references to applicable use-specific standards. Section 5.3: Use-Specific Standards, establishes the unique standards applicable to certain land uses. Section 5.4: Accessory Uses and Structures, establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure. Section 5.5: Temporary Uses and Structures, establishes standards applicable to non-permanent (temporary) structures and uses. Section 5.6: Wireless Telecommunications Facilities, establishes standards applicable to wireless telecommunications facilities. Table of Allowed Uses Table 5.2-A: Table of Allowed Uses, lists the uses allowed in the base zoning districts. All uses are defined in Subchapter 9: Definitions. Development or use of a property for any other use not specifically allowed in Table 5.2-A: Table of Allowed Uses, or otherwise approved under the appropriate procedure is prohibited. Explanation of Table Abbreviations Permitted By-Right Uses A “P” in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this DDC. Specific Use Permit Required An “S” in a cell indicates that the use is only permitted in the respective zoning district if approved as a specific use in accordance with the procedures in Subsection 2.5.2: Specific Use Permit (SUP). Prohibited Uses A blank cell indicates that the use is prohibited in the respective zoning district. Use-Specific Standards Regardless of whether or not a use is allowed by right or with approval of a specific use permit, additional standards may be applicable to that use. Use-specific standards are identified and cross-referenced in the last column of Table 5.2-A: Table of Allowed Uses. Uses marked with a “+” following the “P” or “S” in a zoning district indicates that use-specific standards apply to that use 1186 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.2 Organization of Table Denton, Texas – Denton Development Code 216 Print Date: November 20, 2020 type in that zoning district. For example, “P” indicates that a use is permitted by-right, but that additional standards apply in that zoning district. Organization of Table In Table 5.2-A: Table of Allowed Uses, land uses are classified into general use categories and specific uses based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. Table of Allowed Uses Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF 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 5.3.3B 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 Dwelling S 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 S S P Community Home P P P P P P P P P P 5.3.3I Dormitory S S P Elderly Housing S S P P P P 5.3.3H Group Home S S S S S S S S 5.3.3I Public, Institutional, Religious, and Civic Uses COMMUNITY AND CULTURAL FACILITIES Airport, City-Owned P Cemetery, City-Owned P Club or Lodge P S S S S S 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 1187 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 217 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Day Care, Adult or Child P S S S S S P P P P P P P P 5.3.4B Funeral and Internment Facility S S 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 P P Religious Assembly P P P P P P P P P P P P P P P P 5.3.4D EDUCATIONAL FACILITIES Business or Trade School P P P P P P P P 5.3.4E College or University P P P School, Private P S S S S S S P P P P P P P School, Public P P P 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 Clinic S S P P P P P 5.3.4G Medical Office P 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 5.3.5B Community Garden P P P P P P P P P P P P P S S S Kennel P S S P P S P P 5.3.5C Urban Farm P S S S S S S P P P P P P P P Veterinary Clinic P S S P P P P P P P 5.3.5D 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 S S 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 5.3.5F Mobile Food Court S S S S S S S S 5.3.5G Private Club P P P P P P P 5.3.5H Restaurant P P P P P P P 5.3.5I Restaurant, with Drive- Through S S P P P P P 5.3.5J 1188 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 218 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF OFFICE, BUSINESS, AND PROFESSIONAL SERVICES Administrative, Professional, and Government Office S S S P P P P P P P P P P 5.3.5K 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 S P P P P P P P PERSONAL SERVICES Laundry Facility, Industrial S S P P Laundry Facility, Self-Service S P P P P P P P P 5.3.5O Personal Service, General P P P P P P P Tattoo and Body Piercing Parlor P P P P P 5.3.5P RETAIL SALES Building Materials and Supply Store S P P P General Retail Unless Otherwise Specified, Less than 5,000 Square 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 S 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 5.3.5S 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 1189 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 219 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard S P 5.3.5X Equipment Sales and Rental S S 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 5.3.5Z Industrial Uses 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 5.3.6B Food Processing, More than 2,500 Square Feet S S 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 5.3.6D Manufacturing, Low-Impact S P P P P P P 5.3.6E Manufacturing, Medium- Impact S S P Manufacturing, High-Impact S Commercial Incinerator, Transfer Station S STORAGE AND WAREHOUSING Outdoor Storage S S S 5.3.6F 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 S S S P 5.3.7B Wind Energy Conversion System (WECS) S S 5.3.7C 1190 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 220 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF 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 5.4.4B Home Occupation P P P P P P P P P P P 5.4.4C Outdoor Storage, Accessory P P P P P 5.4.4D 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 5.4.4F Wind Energy Conversion System (WECS), Small (Ground-Mounted) P S S S S S S S S S S S S P P P 5.4.4G Wind Energy Conversion System (WECS), Small (Building-Mounted) P S S S S S S S S S S S S P P P 0 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 5.5.6B 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 P P P P P P P P P P P P 5.5.4 1191 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.2.4 Classification of New and Unlisted Uses Denton, Texas – Denton Development Code 221 Print Date: November 20, 2020 Classification of New and Unlisted Uses The following procedure shall apply if an application is submitted for a use category or use type that is not specifically listed in Table 5.2-A: Table of Allowed Uses. Submission and approval of such an application shall be required prior to approval of any other permit or development approval associated with the use. Director Determination of Appropriate Use Category and Use Type The Director shall determine the appropriate use category and use type for the proposed use. In such determination, the Director shall consider the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, storage, operations, employment characteristics, nuisances, requirements for public utilities, and transportation requirements. Establish Use-Specific Standards if Necessary During the initial determination, the Director shall also determine whether or not additional use- specific standards are necessary to reduce potential impacts to the surrounding properties or the community. Post-Determination Actions Appeals of administrative decisions shall be made pursuant to the procedures under Subsection 2.8.3: Appeal of Administrative Decision. If the determination of an appropriate use category and use type results in a finding that the use, structure, or activity will be a common use or would create confusion by remaining unlisted, the Director may initiate an application for a DDC text amendment pursuant to Subsection 2.7.4: Zoning Text Amendment, to revise Table 5.2-A: Table of Allowed Uses, accordingly. Until final action is taken on the DDC text amendment application, the use determination by the Director shall be binding. Use-Specific Standards Generally Applicability Use-specific standards in this section shall apply to all zoning districts unless otherwise stated. Cross-References in Table of Allowed Uses All uses with use-specific standards as indicated in the right-hand column of Table 5.2-A: Table of Allowed Uses, shall comply with the applicable standards in this section. All development shall also comply with the applicable standards in Subchapter 6: Development Standards, and other relevant provisions of this DDC. Resolution of Conflicting Standards In case of a conflict between these use-specific standards and the standards in Subchapter 6: Development Standards, or other relevant provisions in this DDC, these use-specific standards shall govern, unless otherwise stated. Maximum Persons Occupying a Dwelling No single dwelling unit shall have more than four unrelated persons residing therein, nor shall any "family" have, additionally, more than four unrelated persons residing with such family. Hotels, 1192 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.2 Performance Standards for All Uses Denton, Texas – Denton Development Code 222 Print Date: November 20, 2020 motels, bed and breakfast establishments, boarding houses, chapter house, and dormitories are exempt from this requirement. Additionally, any organization or institutional group that receives federal or state funding for the care of individuals is exempt from this requirement. Performance Standards for All Uses Applicability General Unless exempted elsewhere in this DDC, the performance standards in this Subsection 5.3.2, shall apply to all uses in all zoning districts. Gas Wells The standards in this Subsection 5.3.2 shall not apply to gas wells and/or gas well drilling and production as authorized in Subchapter 6: Gas Wells. Smoke and Particulate Matter All operations and uses shall comply with federal, state, and county emissions standards. Odorous Matter No use shall be located or operated which involves the emission of odorous matter in violation of Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-21: Odors. Hazardous or Explosive Hazard Material A specific use permit shall be required for any use involving the storage, handling, or use of hazardous materials when the quantity is in excess of the exempt amount or maximum allowable per control area, as specified in the Building or Fire Code. Notwithstanding the above regulations regarding hazardous materials storage, any substance designated as highly hazardous and requiring a state or federal permit shall only be permitted in the HI zoning district, and shall require specific use permit approval. Toxic and Noxious Matter No operation or use shall emit a concentration across any property line that will exceed 10 percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Building Official. 1193 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 223 Print Date: November 20, 2020 Vibration No operation or use shall at any time create earth-borne vibration beyond any property line if the source operation exceeds the limits of displacement set forth in the following table: Table 5.3-C: Vibration Displacement Thresholds Frequent Cycles per Second Displacement in Inches LI and HI Zoning Districts All Other Zoning Districts 0 to 10 0.002 0.001 10 to 20 0.0016 0.0008 20 to 30 0.001 0.0005 30 to 40 0.0006 0.0004 Noise No operation shall emit noise beyond the thresholds established in Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-20: Noise. Glare No use or operation shall be located or conducted in such a manner that produces intense glare or direct illumination across any property line, nor shall any light be of an intensity that creates a nuisance or detracts from the use and enjoyment of adjacent property. Evidence of Compliance The Director shall require such evidence of ability to comply with appropriate performance standards and mitigation measures as deemed necessary prior to issuance of a building permit and certificate of occupancy. Residential Uses Single-Family Detached Dwelling Single-family detached structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. A specific use permit is required prior to the placement of a manufactured home HUD- code on any lot. Townhome Each individual dwelling unit shall have a separate entrance facing the street frontage to which the building address is assigned. Buildings on corner lots may have entrances facing either street frontage. Each dwelling shall have direct access to a street or alley. Townhome structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. Each individual dwelling unit shall have a minimum of 900 square feet of living space floor area. 1194 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 224 Print Date: November 20, 2020 Duplex, Triplex, and Fourplex Each individual dwelling unit shall have a separate exterior entrance and separate utility meters. Duplex, triplex, and fourplex structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. Each individual duplex dwelling unit shall have a minimum of 900 square feet of living space floor area. Each individual triplex or fourplex dwelling unit shall have a minimum of 600 square feet of living space floor area. Multifamily Dwelling In the MN, MD, and MR zoning districts, the ground floor fronting a public street shall have a minimum wall height of 12 feet. Multifamily buildings shall comply with the design standards established in Section 7.10.4: Multifamily Site and Building Design. Each individual dwelling unit shall have a minimum of 400 square feet of living space floor area. Tiny Home Development Tiny home developments shall be developed as part of a Planned Development and meet the following standards: Design and Layout The minimum project size for tiny home development is 10,000 square feet. Tiny home developments shall have a minimum of four dwelling units. Each individual dwelling unit shall have a minimum of 300 square feet of living space floor area and a maximum of 500 square feet of living space floor area. Parking shall be located at the side or rear of each principal structure or in a separate designated shared parking area. A shared open space containing a minimum of 10 percent of the project area shall be provided. Each tiny home dwelling unit shall be separated by a minimum of ten feet. Operation and Ownership Each tiny home dwelling unit shall be on a permanent foundation and shall be connected to public water and sanitary sewer. One accessory storage structure less than 100 square feet may be permitted for any unit that is part of a tiny home development approval. One accessory storage structure less than 600 square feet may be permitted as a shared maintenance storage facility for the tiny home development. Said structure shall be enclosed on all sides and separated from other structures by a minimum of five feet. Access drives within a tiny home dwelling development shall be constructed to city standards. 1195 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 225 Print Date: November 20, 2020 Tiny home projects shall be organized as condominium developments meeting all requirements of Texas state law. Individual lots or portions of the site may not be subdivided for sale, except as allowed as part of a condominium development under Texas state law. Applicants proposing tiny home dwellings shall enter into a development agreement with the city requiring the condominium or other property owner’s association to maintain all streets, utilities, and infrastructure that is not dedicated to and accepted by the city. Work/Live Dwelling Size and Location The residential component of a work/live dwelling shall not exceed 50 percent of the total gross floor area. The residential component shall be located above or behind nonresidential portions of the structure. The residential dwelling unit shall have a minimum of 400 square feet of living space floor area. Ownership The nonresidential use shall be owned and operated by a resident of the work/live dwelling. Individuals that do not reside at the work/live dwelling may be employed by the owner. Manufactured Home Development (HUD Code) Dimensional and Design Standards The minimum lot area required for a manufactured home development (HUD Code) shall be 10 acres. Each stand shall provide a minimum area of 5,000 square feet; however, no such stand shall be less than 40 feet in width nor less than 100 feet in depth. The minimum front yard setback shall be 15 feet from the nearest corner of the manufactured home to the front line of the stand. No manufactured home shall be closer than 15 feet to any adjoining public right-of- way. For other structures, the minimum front yard setback shall be at least 15 feet. The minimum distance between manufactured homes shall be 20 feet on the side and 16 feet on the front and rear. The area beneath the manufactured home structure shall be concrete to provide adequate support for the placement of the structure. Manufactured home development (HUD code) shall comply with the perimeter fencing standards established in Subsection 7.7.8: Walls, Fences, and Screening. Minimum Dwelling Size Each individual dwelling shall have a minimum of 400 square feet of living space floor area. Parking Parking shall be located at the side or rear of the principal structure. 1196 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 226 Print Date: November 20, 2020 Required off-street parking shall be concrete, and all other parking areas shall be constructed of all-weather materials and located to eliminate interference with access to parking areas provided for other structures and for public parking within the development. A minimum parking area of 160 square feet per manufactured home space shall be provided for the storage of boats or vehicles in excess of two per manufactured home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the development. Recreation Area All manufactured home developments shall have at least one recreation area, located in an area that is free of traffic hazards, easily accessible to all residents of the development, and centrally located (where topography permits). Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided that will meet the anticipated needs of the clientele the development is designed to serve. Not less than eight percent of the gross development area shall be devoted to recreational facilities, generally in a central location. In large developments, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but not including vehicle parking, commercial, maintenance and utilities areas. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares, and parking areas. Accessory Uses Manufactured home developments may include accessory service buildings associated with the development including: utilities; management office; repair shop; equipment storage; sanitary facilities; laundry facilities; and recreation facilities. Access and Traffic Circulation Internal streets in manufactured home developments shall be privately owned, built, and maintained, and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of residents of the development. An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of 30 feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the development, public streets, or in the alternative, shall be provided with a cul-de-sac having a minimum radius of 40 feet. All other streets shall have a minimum radius at intersections of 30 feet. No internal street ending in a cul-de-sac shall exceed 1,000 feet in length. All streets shall be constructed of at least two inches of asphalt, six inches of lime subgrade and with standard or surmountable curbs. Alternative materials for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section or those established in a city criteria manual. 1197 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 227 Print Date: November 20, 2020 Internal streets shall be maintained free of excessive cracks, potholes, and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction with other city inspections of the manufactured home development. The inspections shall be made by the City Engineer and shall cover the hazards listed in this subsection. All streets within the development shall be numbered or named in an approved manner. Interior streets shall intersect adjoining public streets at 90 degrees and at locations that will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect to horizontal and vertical alignment, access points to city streets, parking locations, and internal access for emergency vehicles. Utilities and Services All utility lines shall be installed underground in manufactured home developments. Water and sewer connections shall be made to the public supply of water in accordance with city standards. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements. Individual water meters shall be provided for each manufactured home dwelling. All manufactured home developments shall comply with the city's residential solid waste regulations. Elderly Housing In the R6, R7, and MN zoning districts, elderly housing shall be limited to a maximum of 55,000 square feet per lot. Assisted living facilities may be subject to additional standards in Subsection 5.3.3I. Group Home and Community Home Purpose The city supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The city desires to make reasonable accommodations in rules, policies, and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The city supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The city desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped. Use and Operation The use and operation of a Community Home for Disabled Persons that meets the qualifications of this subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than six residents and two supervisors, regardless of the legal relationship of those persons to one another and the community home is not within one-half mile of an existing community home. The residents of the community home may 1198 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 228 Print Date: November 20, 2020 not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. Qualification To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123, of the Texas Human Resources Code and the following regulations: Operation A community based residential home may be operated by: The Texas Department of Mental Health and Mental Retardation; A community center organized under Chapter A, Subchapter 534, of the Texas Health & Safety Code; An entity subject to the Texas Non-Profit Corporation Act, Tex.Rev.Civ.Stat.Ann art. 1396-1.01, et seq. (Vernon 1997), as amended; An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or An assisted living facility licensed under Chapter 247, of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. Licensing The community home must meet all applicable federal, state, and local licensing requirements. Site Plan Required The community home must provide a site plan that clearly shows compliance with the following criteria: Any single-family dwelling unit proposed to be used as shared group housing for the handicapped shall provide the following: To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom. Any single-family dwelling unit proposed to be used as shared group housing for handicapped persons shall provide for a separate bedroom for the care provider(s). Specific Use Permit Required Permit Required It shall be unlawful for any person to occupy, construct, alter, extend, or expand any assisted living facility, group home for handicapped persons, or institution within the limits of the city without a valid permit issued by the city in the name of such person for the specific occupation, construction, alteration, or extension of the assisted living facility, group home, or institution proposed. 1199 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 229 Print Date: November 20, 2020 Transfer The permit shall be specific to the person named in the application for the permit and shall not be transferred without the prior written consent of the city through the issuance of a new permit. Expiration of Permit If the proposed occupation, construction, alteration, or extension is not commenced within one calendar year from the date the permit for such occupation, construction, alteration, or expansion was issued, said permit shall automatically expire, unless the city approves an extension of time or issues a new permit. Application and Fee Requirements All applications and required fees for assisted living facilities, group home, or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: Name and address of the applicant; Location and legal description of the property where the assisted living facility or group home will be located; and Documentation that the assisted living facility, group home for handicapped persons, or institution has met federal, state, and local licensing requirements. Site Plan Requirements Any structure proposed to be used for shared group housing for the handicapped shall provide the square footage in each bedroom: To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom. Any structure proposed to be used for an assisted living facility, group housing for handicapped persons, or institution shall provide for a separate bedroom for the care provider(s). Issuance of Permit In considering the application, the city may take into account the proposed location of the assisted living facility, group home for handicapped persons, or institution in relation to the present and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, assisted living facility, group home for handicapped persons, or institution complies with this subchapter and other applicable laws, codes, and regulations, the permit shall be issued. Denial of Permit/Hearing Any person whose application for a permit under this subchapter has been denied, may, within 10 days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a permit shall be 1200 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 230 Print Date: November 20, 2020 accepted within one year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same. Permit Exemption The permit requirement is for the use and occupancy of assisted living facilities, group homes, or institutions and does not include community homes for disabled persons. Licenses It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained, upon any property owned or controlled by such person any assisted living facility, group home for handicapped persons, or institution within the limits of the city unless such person holds a valid license issued in accordance with the Administrative Criteria Manual. Location of Assisted Living Facility, Group Home for Handicapped Persons, or Institution No other assisted living facility, group home for handicapped persons, or institution shall be located within a radius of 600 feet of another licensed facility, home, or institution as determined by the city. Inspections Compliance Inspection Any duly authorized inspector of the city, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any assisted living facility, group home, or institution to determine compliance with this DDC and other applicable city ordinances. Right of Entry Any duly authorized inspector of the city, as set forth in subsection, a shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the city shall have all available remedies at law to gain entry, including but not limited to a court order showing probable violation of state or local law. Notices, Hearings, and Orders Notice of Violations; Requirements of Notice; Suspension and/or Revocation Whenever it is brought to the attention of the city that there has been a violation of any provision of this subchapter, the city shall give notice of such alleged violation to the permittee or licensee, or their respective agent, and each resident of the facility as provided. The notice shall: Be in writing; Include a statement of the reasons for its issuance; Allow a reasonable time of not less than 30 days nor more than one year, based upon the nature and severity of the violation and having due regard for the 1201 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.4 Public, Institutional, Religious, and Civic Uses Denton, Texas – Denton Development Code 231 Print Date: November 20, 2020 safety and protection of the community, for the performance of the corrective measures required; Be served upon the permittee or licensee, or the permittee or licensee's agent; provided, however, that the notice shall be deemed to have been properly served upon the permittee, licensee, or their respective agents, when a copy has been sent by mail to the permittee's, licensee's, or their respective agent's, last known address, or when the permittee or licensee, or respective agent, has been served with the notice by any method authorized or required by the laws of this state; and Contain an outline of remedial action, when, if taken, will effect compliance with the provisions of this subchapter. If the violation is not remedied in accordance with the notice, and a breach of the subchapter continues, then the city, may suspend and/or revoke any permits or licenses issued in addition to any punishment provided. Residents of the facility shall be notified by mail of any notice of violations or orders by regular mail and/or posting of the notice in common areas of the facility. Vacation of Residents/Cessation of Operations The notice shall also specify vacation by the residents for the period of suspension or as ordered by the city upon revocation. The city may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety, and general welfare of the citizens of the city. Compliance Required It shall be the responsibility of the permittee or licensee to ensure that all requirements of this subchapter are met and maintained. Any violation of any of the provisions of this subchapter shall subject the permittee or licensee to the general penalty provisions of this DDC. Public, Institutional, Religious, and Civic Uses Club or Lodge Operation Club or lodge facilities shall be owned or operated by a non-profit or social welfare organization that is tax-exempt as described in the Internal Revenue Code (IRC), Section 501(c)(4). Such facilities shall be for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. R7 and MN Zoning District Uses are limited to no more than 10,000 square feet of gross floor area per lot. A specific use permit is required for additional square footage for a club or lodge. Drive-through service is prohibited. Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot. MR Zoning District Uses are limited to no more than 20,000 square feet of gross floor area per lot. Drive-through service is prohibited. 1202 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.4 Public, Institutional, Religious, and Civic Uses Denton, Texas – Denton Development Code 232 Print Date: November 20, 2020 Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot. LI and HI Zoning Districts Uses are limited to no more than 20,000 square feet of gross floor area per lot. Day Care, Adult or Child In the LI zoning district, day care is only allowed as an accessory use to the primary business within the same structure. Such accessory use shall be limited to serving only those employees or owners of the business or businesses within the same structure. Homeless Shelter Separation Unless municipal consent is granted under paragraph (3) below, a person may not construct or operate a homeless shelter within 1,000 feet of another homeless shelter or a public or private school. For purposes of this standard, distance is measured along the shortest straight line between the nearest property line of the homeless shelter and the nearest property line of another homeless shelter or a primary or secondary school, as appropriate. Notice A person who intends to construct or operate a homeless shelter shall: Post notice of the proposed location of the shelter at that location; and Provide notice of the proposed location of the shelter to the governing body of the municipality within the boundaries of which the shelter is proposed to be located. The person shall post and provide the notice required by paragraph (a) above before the 61st day before the date the person begins construction or operation of the homeless shelter, whichever date is earlier. Municipal Consent Municipal consent to the construction or operation of a homeless shelter subject to paragraph (1) above is considered granted unless, before the 61st day after the date notice is received by the city under paragraph (0), the city determines by resolution after a public hearing that the construction or operation of a shelter at the proposed location is not in the best interest of the city. The City Council may rescind a resolution adopted under paragraph (a) above. Religious Assembly A religious assembly use may include accessory or subordinate uses and structures associated with its religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of such optional uses, provided that: Any accessory or subordinate uses are secondary to an active primary religious assembly use located on the same premises, regardless of whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, 1203 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 233 Print Date: November 20, 2020 customs, celebrations, ceremonies, rituals, rites, worship, or content are provided in conjunction with such uses; and Any uses having a residential component, such as rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessory structure, secondary to the main religious assembly use. The principal structure may not be used for any such residential use. Business or Trade School MN and MD Zoning Districts Uses are limited to no more than 5,000 square feet of gross floor area per lot. MR and SC Zoning Districts Uses are limited to no more than 10,000 square feet of gross floor area per lot. Hospital Services In the MR and SC zoning districts, main entries and ambulance loading zones shall not face residential zoning categories. Medical Clinic 1. In the MN, MD and SC zoning districts, uses are limited to no more than 10,000 square feet of gross floor area per lot. 2. In the MN, MD, MR, and SC zoning districts, main entrances and ambulance loading zones shall not face residential zoning categories. Medical Office R7 Zoning District Uses greater than 10.000 square feet require a specific use permit pursuant to Subsection 2.52: Specific Use Permit (SUP). MN Zoning District Uses are limited to no more than 10,000 square feet of gross floor area per lot. MD and SC Zoning Districts Medical office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Commercial Uses General Agriculture The keeping of livestock and other animals shall be subject to the standards in Subpart A, Chapter 6: Animals, in the Municipal Code of Ordinances. Commercial Stable In the R1 and R2 zoning districts, livestock are limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three. 1204 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 234 Print Date: November 20, 2020 Kennel Enclosed Building Requirement The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises. Kennels with Outdoor Facilities Outdoor facilities, including outdoor runs, shall not be located within 150 feet of any adjacent property unless such adjacent property is owned by the operator of the kennel. Veterinary Clinic In the MD zoning district, veterinary clinics are limited to no more than 5,000 square feet per lot. RV Parks Generally Occupation by a single user shall not exceed a period of six months. The principal business of a RV park shall be to provide sites for RVs, camper vehicles, and travel trailers. Mobile homes designed to meet residential building codes are prohibited. Plumbed sanitary facilities shall include a minimum of one men’s and one women’s toilet, lavatory, and shower for each 25 RV spaces that provide water and sewer hookups, and one men’s and one women’s toilet, lavatory, and shower for each 15 RV spaces that that do not provide water and sewer hookups. One sanitary dump station with water facilities shall be provided for every RV park. Site Design Standards RV parks shall have a minimum land area of one-half acres. The maximum density for an RV park is 25 recreational vehicle stalls per one acre of gross land area. Recreational vehicles shall be separated from each other and from all other structures by a minimum of 10 feet. For the purposes of such measurement, any accessory to a recreational vehicle, such as an awning or individual storage facility, shall be considered as part of the recreational vehicle. No recreational vehicle shall be closer than 20 feet to the property line adjoining a public right-of-way nor closer than 15 feet to any residential zoning district as established in Table 3.1-A: Zoning District Designations. Access and Circulation Entrances and exits may not be accessed through a residential zoning district as established in Table 3.1-A: Zoning District Designations, nor require traffic movement to or from the RV park through a residential zoning district. Access to a lot may be provided via a public access easement. There shall be no minimum required street frontage. Two-way and one-way traffic drive-aisle widths shall conform to the dimensional standards in this DDC and the Transportation Design Criteria Manual. 1205 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 235 Print Date: November 20, 2020 Parking Each RV space shall include parking for a recreational vehicle. Additional off-street parking shall be provided at community sanitary facilities. Accessory Uses RV parks may include the following accessory uses: service buildings associated with the campground or RV park including utilities, management office, repair shop, equipment storage, sanitary facilities, and laundry facilities; recreation facilities; equipment rentals; concessions; camping supply sales; and up to two residential dwelling units or permanent recreational vehicles for the purpose of housing a resident manager and caretaker. Bar, Tavern, or Lounge The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container. The distribution of manufactured or alcoholic beverage products is prohibited. Mobile Food Court Operation Participating mobile food businesses or other authorized vendors shall obtain a business license and any other permits or approvals as required by the Municipal Code of Ordinances prior to operation at a mobile food court. All activities associated with a mobile food court must comply with all health department requirements. All proposed activities shall be conducted on private property owned or otherwise controlled by the applicant. The proposed mobile food court shall not impede pedestrian or vehicular traffic in the public way. Live music shall conform to established noise standards in the City of Denton. Design A minimum lot or parcel area of 2,000 square feet is required to operate a mobile food court. All dimensional and development standards of the underlying zoning district shall be met prior to approval of a mobile food court. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the specific use permitting process. The mobile food court shall not occupy required parking stalls of any principal use of the site. Private Club RR, MN, and MD Zoning Districts Private clubs shall be limited to sit down only, no more than 100 seats, and no more than 4,000 square feet of restaurant area. Drive up service is prohibited. 1206 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 236 Print Date: November 20, 2020 MR, SC, LI, and HI Zoning Districts Uses are limited to no more than 10,000 square feet of gross floor area. Restaurant In the MN zoning district, restaurants shall not exceed 10,000 square feet per lot. The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container. The distribution of manufactured or alcoholic beverage products is prohibited. Restaurant, with Drive-Through All drive-through facilities shall comply with the Transportation Design Criteria Manual; Subsection 7.9.7: Loading Areas and Drive-Throughs; and the off-street parking, loading, and stacking requirements established in Section 7.9: Parking and Loading. Administrative, Professional, and Government Office R3, R4, and R6 Zoning Districts Administrative, professional, and government office uses shall not exceed 10,000 square feet per lot. R7 Zoning District Uses greater than 10,000 square feet require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). MN and MD Zoning Districts Administrative, professional, and government office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Bank or Financial Institution R7 Zoning District Drive-through facilities are prohibited. Banks or financial institutions shall only be allowed as part of a mixed-use building. MN, and MD Zoning Districts Drive-through facilities require a specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Musician Studio Musician studios shall conform to established noise standards in the City of Denton. Credit Access Business Credit access businesses shall not be located within 1,000 feet of another credit access business, measured in a direct line from property line to property line. Credit access businesses shall register with the city pursuant to City Ordinance 2013-073. 1207 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 237 Print Date: November 20, 2020 Laundry Facility, Self-Service R7 Zoning District Self-service laundry facilities shall only be permitted as an accessory use to multifamily dwellings, and such use shall be located within a multifamily structure. MN, MD, and MR Zoning Districts Individual self-service laundry facilities shall not exceed 2,500 square feet per lot. Tattoo and Body Piercing Parlor Tattoo and body piercing parlors shall comply with licensing and certification requirements of the Texas Department of State Health Services. General Retail Unless Otherwise Specified, Less than 5,000 Square Feet In the R7 zoning district, general retail shall only be allowed as part of a mixed-use building. General Retail Unless Otherwise Specified, More than 15,000 Square Feet In the LI and HI zoning districts, general retail uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Bed and Breakfast Size and Number of Guest Units In the RR, R4, R6, R7, and MN zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be five. In all other zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be eight. Location and Operation Bed and breakfast establishments shall be within 200 feet of a collector or arterial street. Distances shall be measured along a public street or alley access to the site from the arterial or collector street. The business owner or manager shall be required to reside on the property or on an adjacent property. 1208 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 238 Print Date: November 20, 2020 Short-Term Rental Registration Requirements No person shall advertise, offer to rent, or rent, lease, sublease, license, or sublicense a residential property within the city as a short-term rental for which a registration has not been properly made and filed with the Development Services Department. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: Name, address, phone number and e-mail address of the property owner of the short- term rental property; Verification that the proposed short-term rental property is the applicant's primary residence; Name, address, phone number and e-mail address of the designated local emergency contact; The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with Subsection 5.3.1D: Maximum Persons Occupying a Dwelling; A submission of a sketch floor plan of the dwelling with dimensional room layout; and A site plan/survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto streets, sidewalks or alleys, other public rights-of-way or public property. Operation External Signage There shall be no external on-site or off-site advertising signs or displays indicating the property is a short-term rental. Limit on Occupants Allowed No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a short-term rental, except that there shall be a maximum occupancy of 10 persons, adults and children. Limits on Number of Vehicles There shall be a maximum of one vehicle per bedroom, or the maximum number of vehicles that can be accommodated within the garage and driveway, without extending over the public rights of way (alleys and sidewalks), whichever is less. Advertisements and Contracts Any advertisement of the property as a short-term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles. Other Restrictions It is unlawful: To operate or allow to be operated a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; To advertise or offer a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; documented 1209 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 239 Print Date: November 20, 2020 advertisement of the subject property as a short-term rental, online or offline, shall be considered evidence of a violation of this DDC; To operate a short-term rental in any location that is not the registrant’s primary residence; To operate a short-term rental that does not comply with all applicable city and state laws and codes; To operate a short-term rental without paying the required hotel occupancy taxes; To offer or allow the use of a short-term rental for the sole or primary purpose of having a party venue; To fail to include a written prohibition against the use of a short-term rental for having a party in every advertisement, listing, or other publication offering the premises for rent; and Permit the use of short-term rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business. Brochure and Safety Features Informational Brochure Each registrant operating a short-term rental shall provide to guests a brochure that includes: The registrant’s 24-hour contact information; A local responsible party’s 24-hour contract information if the owner is not within the city limits when guests are renting the premises; Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. Safety Features Each short-term rental registrant shall provide, in the premises, working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall, otherwise comply with all applicable City regulations, including but not limited to Building and Fire Codes. 1210 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 240 Print Date: November 20, 2020 Notification of Approval of Short-Term Rental Within 10 days of the approval of a short-term rental, the city shall send notice to all property owners within 100 feet of the subject property, and shall include the 24-hour complaint line, and pertinent information about standards regulating short-term rentals. Registration Term, Fees, and Renewal All short-term rental registrations approved under this DDC shall be valid for a period of one year from the date of its issuance. The fee for registration of a short-term rental is identified in the Administrative Criteria Manual. Upon receipt of an application for renewal of the registration, the Director may deny the renewal if there is reasonable cause to believe that: The registrant has plead no contest to or been convicted of a violation of any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or There are grounds for suspension, revocation, or other registration sanction as provided in this DDC or other applicable city codes. Right to Inspect Premises The City of Denton reserves the right, with reasonable notice to the owner, to inspect the residential premises to determine compliance with this DDC as well as other applicable city codes. If only a portion of the premises is offered for rent, then that portion, plus shared amenities and points of access, may be inspected. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Automotive Fuel Sales Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Automotive Repair Shop, Major All repairs, services, and storage shall be conducted within an entirely enclosed structure. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Sales of vehicles shall be prohibited. Automotive Repair Shop, Minor Storage of vehicles on the premises shall not exceed 30 days. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure. 1211 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 241 Print Date: November 20, 2020 Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Sales of vehicles shall be prohibited. Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard Automotive wrecking services, impound lots, junkyards, and salvage yards shall comply with the Texas Administrative Code regarding vehicle storage facilities. Stored vehicles shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses. Stored vehicles shall not be located within the floodplain, water-related habitat, riparian buffers, or other environmentally sensitive areas. Best management practices addressing stormwater quality must be implemented and maintained on-site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. This standard does not apply to automotive wrecking service, impound lot, junkyard, or salvage yard establishments that do not provide outdoor storage of vehicles, equipment, parts, or other materials. Any expansion of a nonconforming salvage yard shall require a specific use permit. Equipment Sales and Rental Maintenance of equipment shall be conducted entirely within an enclosed building. Unenclosed storage of inoperable or wrecked equipment or materials shall be prohibited. All other unenclosed stored equipment shall be screened from public view from all rights- of-way, residential zoning districts, and residential uses. Sexually Oriented Business Purpose and Intent It is the purpose of this subsection to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material. Findings Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's 1212 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 242 Print Date: November 20, 2020 a.m., 120 C. Ct. 1382 (2000), and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the "Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" (June 6, 1989, State of Minnesota), the City Council finds: Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. Certain employees of sexually oriented businesses, defined in this section as adult theaters and adult cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those that provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. Offering and providing such space encourages such activities, which creates unhealthy conditions. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films. The findings noted in paragraphs (a) through (f) raise substantial governmental concerns. Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns. The general welfare, morals, health, and safety of the citizens of the city will be promoted by the enactment of this section. Location of Sexually Oriented Businesses The location regulations of this subsection are enacted pursuant to the authority of TLGC, Chapter 211. All other provisions of this subsection are enacted pursuant to the city's police 1213 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 243 Print Date: November 20, 2020 power and the authority of Article XI, Section 5, of the Texas Constitution. Sexually oriented businesses shall comply with the following separation requirements: A sexually oriented business shall not operate adjacent to an arterial street and within 1,000 feet of the following uses: A school, church, adult or child day care, elderly housing facility, hospital, public park or playground, residential zoning district, or lot devoted to a residential use; or Another sexually oriented business. The distance between shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the sexually oriented business is located to the nearest property line. Only one sexually oriented business is allowed in a building, structure, or portion of a building or structure. Additional Regulations for Escort Agencies An escort agency shall not employ any person under the age of 18 years. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years. Additional Regulations for Nude Model Studios A nude model studio shall not employ any person under the age of 18 years. A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. It is a defense to prosecution under this section if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex. Additional Regulations for Adult Motels Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Subchapter 9: Definitions. 1214 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 244 Print Date: November 20, 2020 A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not comply with the location requirements of this subsection, he or she rents or sub-rents a sleeping room to a person, and, within 10 hours from the time the room is rented, he or she rents or sub- rents the same sleeping room again. The terms "rent" or "sub-rent" mean that act of permitting a room to be occupied for any form of consideration. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements: The establishment shall provide for one or more manager's stations, none of which shall exceed 32 square feet of floor area. The manager's stations shall be designed to provide a monitoring location for the operators or employees of the establishment during business hours and to exclude members of the general public. The interior of the premises shall be configured so that there is an unobstructed view from a manger's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside any part of the premises. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified (a)(i) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstructed view from a manager's station. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. A person having a duty as provided in (a)(i) through (a)(v) above commits an offense if he or she knowingly fails to fulfill that duty. 1215 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.6 Industrial Uses Denton, Texas – Denton Development Code 245 Print Date: November 20, 2020 Defenses to Enforcement It is a defense to prosecution under this subsection that the person appearing in a state of nudity did so in a modeling class operated: By a proprietary school licensed by the State of Texas; By a college, junior college, or university supported entirely or partly by taxation; By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or In a structure: Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and Where in order to participate in a class a student must enroll at least three days in advance of the class; and Where no more than one nude model is on the premises at any one time. It is a defense to prosecution under this subsection that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. Each day on which a violation occurs shall be separate and distinct violation. Industrial Uses Craft Alcohol Production In the MD, MR, and SC zoning districts: On-premise consumption or retail sales shall be required to operate a craft alcohol production establishment. Areas used for production, bottling, packaging, storing, and other manufacturing related activities shall not exceed 10,000 square feet of gross floor area per lot. Additional square footage shall require specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP). The storage of raw and/or spent materials shall be kept in a fully enclosed structure, building, or container. The establishment shall operate in full compliance with all rules and regulations of the Texas Alcoholic Beverage Commission. Food Processing, Less than 2,500 Square Feet MN, MD, MR, and SC Zoning Districts Only on-premises sales shall be allowed. Distribution, warehousing, or wholesaling activities are prohibited. All Zoning Districts If the proposed use is within 200 feet of a residential zoning district, approval is subject to a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 1216 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.6 Industrial Uses Denton, Texas – Denton Development Code 246 Print Date: November 20, 2020 Food Processing, More than 2,500 Square Feet MN, MD, MR, and SC Zoning Districts Only on-premises sales shall be allowed. Distribution, warehousing, or wholesaling activities are prohibited. All Zoning Districts If the proposed use is within 200 feet of a residential zoning district, and greater than 5,000 square feet per lot, then approval of a specific use permit shall be required pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Manufacturing, Artisan In the MN and MD zoning districts: Artisan manufacturing uses shall be limited to 10,000 square feet per lot. If within 200 feet of a residential zoning district or residential use, artisan manufacturing uses shall be limited to 5,000 square feet per lot, unless a specific use permit is approved pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and permits the use to exceed 5,000 square feet per lot. All activities shall occur entirely within an enclosed structure. Manufacturing, Low-Impact In the MD Zoning District, uses are limited to a maximum of 10,000 square feet of gross floor area per lot. In the MR, SC, and HC Zoning Districts, uses with more than 10,000 square feet of gross floor area per lot shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). In the MD, MR, SC, HC, and GO Zoning Districts, all activities shall occur entirely within an enclosed structure. Outdoor Storage Generally No outdoor storage use shall constitute an automotive wrecking service, impound lot, junkyard, or salvage yard. Location and Screening of Storage No outdoor storage operation shall be located in front of a principal building. Materials stored outdoors shall be setback at least five feet from all property lines. Materials shall not be stored in areas intended for vehicular or pedestrian circulation. Outdoor storage shall be opaquely screened from public view pursuant to screening standards in Subsection 7.7.8: Walls, Fences, and Screening. Self-Service Storage Building Materials Except for fenestrations, as noted in (1)(b) below, each elevation shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, or concrete tilt-wall (colored or stamped). 1217 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.7 Public and Semi-Public Utility Uses Denton, Texas – Denton Development Code 247 Print Date: November 20, 2020 The materials in subsection (1)(a) above shall not apply to fenestrations such as doors, windows, glass, and entryway treatments. Glass shall not account for more than 70 percent of the exterior wall area. Doors Overhead bay doors and/or storage unit doors shall not be visible from adjacent properties or public right-of-way. Fencing and Buffers Fencing materials shall be limited to masonry and wrought iron and shall comply with Subsection 7.7.8: Walls, Fences, and Screening. Landscape buffers shall be provided in accordance with Section 7.7.6: Compatibility Landscape Buffer Requirements. Other Activities No business activity other than the rental of storage units shall be conducted on the premises. Outdoor storage is prohibited. Warehouse and Wholesale Facility In the MR and SC zoning districts, uses shall be limited to a maximum of 55,000 square feet of gross floor area per lot. Public and Semi-Public Utility Uses Power Stations, Electric Substations, Interchanges, and Switch Stations Compliance with Electric Standards Electric substations and switch stations shall comply with the standards in Section 7.13: Electric Standards. A site plan demonstrating substantial conformance with all the applicable design standards identified in Section 7.13: Electric Standards, shall be submitted. Procedures for Review An applicant shall submit an application for a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), unless it is able to meet all the following requirements: Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan. A public hearing was held at the City Council for the selection of the site to include: Written notice of the public hearing was provided to property owners within 200 feet and physical addresses within 500 feet of the subject property at least 12 days prior to the public hearing; and A sign advertising the public hearing was posted on or adjacent to the property at least 12 days prior to the public hearing; and Proposed screening wall location and design were reviewed and approved by the City Council. A neighborhood meeting was held at least 15 days prior to the public hearing at City Council for the acquisition of the site. 1218 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.1 Purpose Denton, Texas – Denton Development Code 248 Print Date: November 20, 2020 Solar Collector as a Principal Use Solar collectors shall conform to all height, setback, and landscaping requirements within their respective zoning district. The following additional standards apply to all solar collectors: All solar collector systems shall be in compliance with all currently adopted building codes; Solar collector systems that use concentrator technologies and have not incorporated anti- glare measures into the system or installation shall be placed in areas so that the concentrated solar glare shall not be directed onto inhabited adjacent properties or roadways; and The design of the solar collector system shall use materials, colors, textures, screening, and landscaping similar to their background or the existing natural environment to the most reasonable extent possible without prohibiting the installation. Wind Energy Conversion System (WECS) For All Wind Energy Systems No tower shall be lit, except to comply with Federal Aviation Authority (FAA) standards. All wiring between the wind system and the substation shall be buried underground. All proposed wind systems shall conform to established noise standards in the City of Denton. For Large Wind Energy Systems The minimum acreage for a large wind system shall be established based on the setbacks of the turbine(s) and the height of the turbine(s); All turbines located within the same large wind system property shall be of a similar tower design, including the type, number of blades, and direction of blade rotation; Large wind systems shall be setback at least one and one-half times the height of the turbine and rotor diameter from the property line. Large wind systems shall also be setback at least one and one-half times the height of the turbine from above ground telephone, electrical lines, and other uninhabitable structures; Towers shall not be climbable up to 15 feet above ground level. Accessory Uses and Structures Purpose The purpose of this section is to establish minimum standards for accessory uses and structures that are incidental and subordinate to principal uses. These standards are intended to minimize adverse impacts on surrounding properties and the community. Accessory Uses and Structures Allowed All principal uses allowed in a zoning district pursuant to Table 5.2-A: Table of Allowed Uses, shall be deemed to include those accessory uses, structures, and activities typically associated with that use, unless specifically prohibited in this section. Accessory uses and structures are subject to the standards in this section and any applicable use-specific standards for the associated principal use in Section 5.3: Use- Specific Standards. Typical accessory uses are included in the use definitions in Subchapter 9: Definitions. 1219 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.3 General Standards for Accessory Uses and Structures Denton, Texas – Denton Development Code 249 Print Date: November 20, 2020 General Standards for Accessory Uses and Structures The combined square footage of the principal structure and accessory structure(s) shall not exceed the zoning district maximum building coverage specified in Subchapter 3: Zoning Districts. Accessory structures, with the exception of non-residential detached carports, gas station canopies, gas station car wash facilities, and security/entry booths, are prohibited in front and side yards. Accessory structures for public or private schools may be located in side yards, but shall not be located in front yards. Where permitted, accessory structures shall be set back a minimum of three feet from all property lines. No portion of an accessory structure may be located in, or encroach upon, any easement. All accessory structures that require a building permit shall be architecturally compatible with its associated principal structure and/or screened from view of abutting properties and public rights- of-way. Where permitted, accessory outdoor storage shall be located to the rear of the principal structure, shall be subject to the screening standards in Subsection 7.7.8: Walls, Fences, and Screening, and shall be limited to goods or materials sold or used on the premises as part of the principal use of the property. Additional Standards for Specific Accessory Uses Accessory Dwelling Unit Accessory Dwelling Units (ADUs) shall comply with the following standards: Generally Only one ADU shall be allowed per lot. ADUs shall only be permitted on lots where the principal use is a single-family detached dwelling. Size ADUs on Lots Smaller than 10,000 Square Feet ADUs shall not exceed 50 percent of the square footage of the principal dwelling unit on the lot. ADUs shall not exceed 1,000 square feet per lot. ADUs on Lots 10,000 Square Feet or Larger ADUs shall not exceed 50 percent of the square footage of the principal dwelling unit on the lot. Location and Design ADUs may be attached or detached units. Attached ADUs shall be fully attached to or within the principal structure on the lot. "Attached" shall mean at least one-quarter of the total wall area or the floor or ceiling of the ADU shall be fully connected to a wall, floor, or ceiling of the principal residential structure. Detached ADUs shall be located to the side or rear of the principal dwelling unit. 1220 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 250 Print Date: November 20, 2020 ADUs shall have a separate exterior entrance from the principal dwelling unit and shall contain cooking, sleeping, and sanitary facilities. Public Services and Utilities Separate water or sewer service for the ADU shall not be allowed. Separate metering of other utilities is allowed. Ownership Requirements Ownership of the ADU may not be legally severed from ownership of the associated lot and any other structures on such lot. Donation Box A donation box shall not restrict the use or access to any parking spaces that are required for the principal use on the lot. Home Occupations Home occupations shall comply with the following: General A home occupation shall be permitted only when it is an accessory use to a single- family detached, duplex, or townhome dwelling unit. A home occupation shall not involve any external structural alteration of the dwelling unit. Employees The home occupation shall be operated by the person(s) residing in the principal dwelling. No more than two employees that do not reside on the property shall be allowed on the premises at any given time. Patrons No more than four patrons shall be allowed on the premises at one time. Hours of Operation No home occupation shall remain open for visitation by patrons between the hours of 8:00 p.m. and 8:00 a.m. No External Display of Products There shall be no external display of products or any other externally visible evidence of the home occupation. Outdoor Storage and Activities No outdoor storage of materials, goods, supplies, or equipment associated with a home occupation shall be allowed. All activities related to the home occupation shall be operated entirely within the principal dwelling unit. Outdoor activities are strictly prohibited. Signage Home occupations shall not be allowed to place an advertisement, sign, or display on or off the premises. Product Sales A home occupation may include the sale of products on the premises, provided compliance is maintained with all other standards in this subsection. 1221 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 251 Print Date: November 20, 2020 Prohibited Equipment and Materials There shall be no chemical, mechanical, or electrical equipment on the premises, other than that normally found within a dwelling unit. Parking and Business-Related Vehicles (Vehicles Marked or Equipped Commercially) No on-street parking of business-related vehicles shall be allowed at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business-related vehicles shall be limited to one. Allowable Home Occupations Any use not listed in (C)(12) below shall be deemed an allowable home occupation so long as the use is allowed pursuant to Table 5.2-A: Table of Allowed Uses, and complies with the standards of this DDC. Prohibited Home Occupations The following uses are examples of home occupations that shall be prohibited: Retail sales; Medical doctors, or any practice of physical and/or medical application, including chiropractors; Dentists; Minor or major automobile or equipment repair; Commercial greenhouses or nurseries; and Animal grooming. Outside Storage, Accessory In addition to complying with all EPA regulations, the International Fire Code, and all other applicable ordinances, statutes, rules and regulations, outdoor storage: Shall be confined to the side or rear yard only, and shall be opaquely screened from public view, using screening materials pursuant to Subsection 7.7.8: Walls, Fences, and Screening; and Shall be set back at least five feet from the property line, and maintained so as to not create a nuisance to the public or any adjoining property. Sale of Produce and Plants Raised on Premises Permitted Sales Only the sale of produce or plants grown on-site shall be sold. Hours of Operation The sale of produce and plants shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. Structures No permanent structures shall be erected for the sale of produce and plants. 1222 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 252 Print Date: November 20, 2020 Solar Collector, (Ground- or Building-Mounted) If the solar collector is not flush with the roof, the applicant shall minimize the visibility of the collector from a public street, park, or open space to the most reasonable extent possible without prohibiting the installation. Ground-mounted collectors are allowed as an accessory structure and shall only be located outside of required setbacks. Ground-mounted accessory solar collectors shall not exceed the height of the principal structure on the lot or parcel. Wind Energy Conversion System (WECS), Small (Ground-Mounted) Generally An individual ground-mounted WECS shall be set back from the property line and the principal structure at least one and one-half times the height of the WECS structure. The height limit for an accessory WECS shall be the height limit in the underlying zoning district, as long as the WECS meets the setback established in (1)(a) above. The distance between the ground and the rotor blade (when the rotor blade in its lowest position) shall be a minimum of 20 feet. RR and R1 Zoning Districts Lots where the proposed WECS will be located shall have a minimum lot area of two acres. A maximum of one WECS per lot is permitted by right; more than one WECS per lot shall require approval of a specific use permit pursuant to Subsection 2.5.2, Specific Use Permit (SUP). 1223 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.4.5 Additional Standards for Specific Accessory Structures Denton, Texas – Denton Development Code 253 Print Date: November 20, 2020 Wind Energy Conversion System (WECS), Small (Building-Mounted) Rooftop WECS shall be considered an accessory use if the following are satisfied: The maximum height of the rooftop WECS does not exceed a height of 10 feet above the roof or the top of a parapet, whichever is higher. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS; The WECS is securely attached to the structure in compliance with all currently adopted Building Codes; and The blade rotor plane shall be at least four feet away from any window and at least 12 feet above any patio with human access. Additional Standards for Specific Accessory Structures Swimming Pools Discharge of swimming pools and backwash filters must be plumbed to the sanitary sewer. Temporary Uses and Structures Purpose The purpose of this section is to allow certain uses and structures of a limited duration subject to specified conditions. This section is intended to ensure that such uses or structures do not negatively impact surrounding properties and are discontinued upon the expiration of a set time period. Temporary Uses and Structures Allowed The Director may permit temporary uses in accordance with Table 5.2-A: Table of Allowed Uses, and according to any applicable use-specific standards. Figure 5.4‐A: Building‐Mounted WECS Height  1224 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.3 Approval Process for Temporary Uses and Structures Denton, Texas – Denton Development Code 254 Print Date: November 20, 2020 Approval Process for Temporary Uses and Structures General Prior to establishing a temporary use or structure, a temporary use permit shall be approved pursuant to Subsection 2.5.3: Temporary Use Permit. Neither the granting of a temporary use permit, nor compliance with its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this section. A temporary use permit serves only to conditionally permit the temporary use of property, provided that the permittee strictly complies with all permit requirements and restrictions. Conditions The Director may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse impacts on surrounding areas. The Director may condition issuance of a temporary use permit upon either or both of the following: The applicant's demonstration of full compliance with all applicable permitting, licensing, surety, insurance, and performance standards of any governmental, administrative, or regulatory body exercising jurisdiction over the requested temporary use; and/or The applicant's posting of bonds or other securities in an amount, and of a type, reasonably sufficient to remediate, repair, and restore any public lands, infrastructure, or easements, or any public or private floodplains or environmentally sensitive areas, which could foreseeably suffer damage, directly or indirectly, as a consequence of the requested temporary use, regardless of whether such damages are actually caused by the applicant or by third-party participants in the temporary activity. Posting the Temporary Use Permit The applicant shall post the permit issued by the city in a prominent location on the site where the temporary use is established. Revocation of a Temporary Use Permit The Director may revoke a temporary use permit if it is determined that: The applicant misrepresented any material fact on his or her application, or supporting materials; The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit; The operation of the temporary use violates any applicable statute, law, ordinance, or regulation; or The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public. 1225 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.4 General Standards for Temporary Uses and Structures Denton, Texas – Denton Development Code 255 Print Date: November 20, 2020 General Standards for Temporary Uses and Structures Compliance with this DDC Temporary uses and structures are subject to the dimensional standards in Subchapter 3: Zoning Districts, and the development standards in Subchapter 7: Development Standards, unless otherwise stated in this section. Compatibility Temporary uses shall be compatible in intensity, characteristics, and appearance with existing land uses in the surrounding area of the proposed location. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall be considered. Required Licenses The applicant shall obtain all necessary licenses required by this DDC and by state law. Operation and Development All temporary uses, except occasional sales, shall comply with the following: Location Temporary uses shall comply with applicable setback requirements. In situations where temporary storage containers and other portable storage units are used for loading and unloading purposes and the only placement location is on an existing driveway, temporary storage containers and other portable storage units may encroach into a required setback. Display, sales, and other temporary use-related activities shall be conducted on private property and not on public land or rights-of-way, unless specifically permitted in writing by the Director. Access and Circulation Vehicular access points, public roads and rights-of-way, and pedestrian or bicycle paths shall not be damaged or obstructed. Public roads may be closed for a temporary special event where specifically authorized by the City Council. Temporary structures and all associated devices shall be of a temporary nature, movable, and shall not block visibility for vehicles or pedestrians on or off the lot so as to create a safety hazard. Temporary uses and structures may occupy required off-street parking only if specified and approved as part of a temporary use permit. Hours of Operation Hours of operation shall be compatible with the adjacent land uses. Maintenance and Clean Up The applicant shall guarantee that all trash and debris generated by the temporary use will be removed within 24 hours at no expense to the city. Signs Signs shall comply with Subpart B, Chapter 33, Signs and Advertising Devices, in the Municipal Code of Ordinances. 1226 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.5 Annual Permit Allowance and Renewal Periods Denton, Texas – Denton Development Code 256 Print Date: November 20, 2020 Occasional Sales No more than three occasional sales may be allowed upon the premises of a residential dwelling in any 12-month period (limited to one sale every four months), with a limit of three days per time, per lot. Annual Permit Allowance and Renewal Periods An applicant may renew, or receive a new temporary use permit for the same activity on the same lot in accordance with the following limitations: Table 5.5 -D: Summary of Temporary Use Permit Allowance Temporary Use Permits Per Year Days Per Permit Storage Containers and Other Portable Storage Units [1] 3 30 days Farmers Market 1 180 days Seasonal Sales No limit 30 days (per event) Occasional Sales 4 3 (per event) Special Events No limit 21 days (per event) Field or Construction Office [2] [2] Concrete or Asphalt Batching Plant 3 60 days Notes:  [1] Temporary storage containers and other portable storage units located within a nonresidential zoning district are allowed  one permit per calendar year, with a limit of 180 days per lot.  [2] Field or construction offices may be approved no sooner than 30 days prior to the start of construction and shall be removed  within 30 days after completion of the work for which the construction permit has been issued.  All uses not specifically listed in the table above shall be permitted for a maximum period of 30 days per calendar year, per lot, subject to Director approval. Applicants may not obtain a permit for a temporary use for the same lot if that site has exceeded the time limitation for that calendar year. Additional Standards for Specific Temporary Uses and Structures Temporary Storage Containers and Other Portable Storage Units Temporary storage containers and other portable storage units shall be located on an improved surface, but may not be located in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. The property where the temporary storage container or other portable storage unit is located shall contain a principal structure, and the storage container or other portable storage unit will be considered accessory to the principal structure. Storage containers and other portable storage units that are less than 120 square feet, located in a rear yard, and are screened from public view are not required to obtain a temporary use permit. 1227 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.6 Additional Standards for Specific Temporary Uses and Structures Denton, Texas – Denton Development Code 257 Print Date: November 20, 2020 Concrete or Asphalt Batching Plant, Temporary Permit Requirements Applicants for a permit to operate a temporary concrete or asphalt batching must submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as amended. Concrete Batching Plants When both wastewater and stormwater discharges will be generated on-site, concrete batch plants must be permitted under TCEQ discharge permit TXG110000. When only stormwater discharges will be generated on-site, concrete batch plants may be included in construction stormwater permit TXR150000 for the construction site, if located at the construction site. Location Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. Temporary asphalt batching plants shall be located at least one-half mile from any recreational area, school, or residence, or any other structure not occupied or used exclusively by the owner of the property upon which the facility is located. Operational Standards The facility shall be operated in a manner that eliminates unnecessary dust, noise, and odor (including, with limitation, covering trucks, hoppers and chutes, loading and unloading devices, mixing operation and maintaining driveways and parking areas free of dust). All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic. All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. The applicant shall clear the site of all equipment, material, and debris upon completion of the project. Hours of Operation The facility may operate only between the hours of 6:00 a.m. and 8:30 p.m., Monday through Friday, from June 1 to September 30; 7:00 a.m. and 8:30 p.m., Monday through 1228 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.1 Purpose and Goals Denton, Texas – Denton Development Code 258 Print Date: November 20, 2020 Friday, from October 1 to May 31; 8:00 a.m. and 8:30 p.m. on Saturdays; and 1:00 p.m. and 8:30 p.m. on Sundays. Revocation of Permit In addition to the criteria established in Subsection 5.5.3D, the Director may terminate or revoke a temporary use permit for a concrete or asphalt batching plant for any of the following reasons: The facility fails to comply with any of the requirements as listed in this subsection; or The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Commission on Environmental Quality (TCEQ), as amended. Additional Approval Required for Off-Site Temporary Batch Plants A Specific Use Permit (SUP) is required for all temporary batching facilities grinding,  mixing, or otherwise preparing concrete, asphalt, or its ingredients or products for  transportation to another site other than the site on which the batching facility is being  located. Field or Construction Office Field or construction offices may only be approved for licensed contractors working on construction projects for which permits have been issued. They shall be located on the same property and within the same project area where the work is being performed and shall not encroach into any public right-of-way. Field or construction or offices shall be required to meet all applicable state and local building and set-up codes. Field or construction offices may not be used as a dwelling unit or residence. Wireless Telecommunications Facilities Purpose and Goals The purpose of this section is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community, while promoting the provision of telecommunications service to the public. The goals of these regulations are to: Protect residential areas and land uses from potential adverse impacts of towers and antennas; Encourage the location of towers in non-residential areas; Minimize the total number of towers throughout the community; Encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single-use towers; Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques; 1229 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.2 Compliance with Telecommunications Act Denton, Texas – Denton Development Code 259 Print Date: November 20, 2020 Enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. Compliance with Telecommunications Act The regulations contained in this DDC have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996: Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities; Regulations "shall not unreasonably discriminate among providers of functionally equivalent services;" Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services;" "Denial shall be in writing and supported by substantial evidence;" and Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions." Notwithstanding any other provision of this section, telecommunications towers and antennas, when permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the use regulations and requirements of this section. Applicability All new towers and antennas within the corporate limits of the city shall be subject to these regulations, except as provided in paragraphs (A) and (B) below: Amateur Radio Station Operators/Receive Only Antennas This section shall not govern any tower or installation of any antenna that is under 70 feet in height and that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. Pre-Existing Towers or Antennas Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this DDC, except the requirements of subsections 5.6.7A, B, and H. General Provisions Applications All applications for rezoning or a specific use permit for a telecommunications tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the city regarding said facilities. In addition to any information required for applications for a specific use permit, applicants shall submit the following information: 1230 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.4 General Provisions Denton, Texas – Denton Development Code 260 Print Date: November 20, 2020 A detailed master antenna plan, clearly indicating the location of the proposed tower, on- site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director. A legal description of the property and leased land, if applicable. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. The separation distance from other towers shown on an updated site plan or map. A landscape plan showing specific landscape materials. Method of fencing and finished color and, if applicable, the method of camouflage and illumination. Platted Lots Unless an exception is granted by the Planning and Zoning Commission, telecommunications facilities requiring rezoning or a specific use permit, including towers and related equipment buildings, shall be located on a platted lot. Technical Assistance When a rezoning or specific use permit is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of city staff to review, the applicant, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement, up to a maximum of $5,000. Pre-Application Meetings Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the Director or his or her designee to determine if the location will require a specific use permit or other approvals, and to review the merits of potential locations. Master Antenna Plan To facilitate co-location and coordination of telecommunication sites, the city shall, within 30 days of its effective date, notify the providers of telecommunications services, as that term is defined by federal law, of the enactment of this section. Said providers shall, within 90 days of the date of such notice, provide the city with their respective master antenna plans. Said plans shall include detailed maps, showing the locations and characteristics of all telecommunications towers and antennas serving any portion of the city and indicating coverage areas for current and, to the extent possible, future telecommunications towers and antennas. Providers shall also provide the city with any updates to the above documents within 90 days of their creation. 1231 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.5 Allowed Telecommunications Uses Denton, Texas – Denton Development Code 261 Print Date: November 20, 2020 Allowed Telecommunications Uses Table 5.6-E: Allowed Telecommunications Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF NEW LATTICE, OTHER TOWERS 0 to 50 feet P P P P P P P P Over 50 feet S S S S S S S S NEW MONOPOLE TOWER 0 to 85 feet P S P P P P P P P Over 85 feet S S S S S S S S S ALTERNATIVE MOUNTING STRUCTURES 0 to 100 feet S P P P P P P P P P Over 100 feet S S S S S S S S S S ANTENNAE-ONLY MOUNTINGS Building-Mounted Panels P P P P P P P P P P 5.6.6A Building-Mounted Whips P P P P P P P P P P 5.6.6B Electric Distribution Poles P P P P P P P P P P Roof-Mounted Arrays P P P P P P P P P P 5.6.6C DISH ANTENNA MOUNTINGS Building/Roof-Mounted Under 1 m Diameter P P P P P P P P P P P P P P P P Building/Roof-Mounted Under 2m Diameter P P P P P P P P P P 5.6.6D Building/Roof-Mounted Over 2m Diameter P P P P P P P P 5.6.6E Ground-Mounted Under 3m Diameter P P P P P P P P P P Ground-Mounted Over 3m Diameter P P P P P P P P P 5.6.6F Telecommunications Use-Specific Standards Building-Mounted Panels MD Zoning District Panels shall be mounted to a nonresidential or multifamily structure. Panels shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. MN, MR, and GO Zoning Districts Panels shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. 1232 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.7 Telecommunications Towers Denton, Texas – Denton Development Code 262 Print Date: November 20, 2020 Building-Mounted Whips RR Zoning District Whips shall be mounted to a nonresidential or multifamily structure. Whips shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. MD Zoning District Whips shall be mounted to a nonresidential or multifamily structure. Roof-Mounted Arrays Arrays shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Building/Roof-Mounted Under 2m Diameter MD Zoning District Antenna shall be mounted to a nonresidential or multifamily structure. MN, MR, and GO Zoning Districts Antenna shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Building/Roof-Mounted Over 2m Diameter In the MD, MR, and GO zoning districts, antenna shall be mounted to a nonresidential structure with more than 100,000 square feet of floor area. Ground-Mounted Over 3m Diameter In the MD zoning district, antenna shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Telecommunications Towers Applicable Federal and State Standards All telecommunications towers and antennas shall be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Structural Standards Telecommunications tower structures must conform to the most current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located so that if the structure should fall it would avoid habitable structures and public streets. To insure structural integrity, the owners of the tower shall ensure that it is maintained in compliance with all applicable provisions of Subpart B, Chapter 28: Building and Building Regulations, of the Municipal Code of Ordinances, and all applicable state or local building codes and safety regulations, as well as the regulations published by the Electronic Industries Association (EIA) as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to 1233 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.7 Telecommunications Towers Denton, Texas – Denton Development Code 263 Print Date: November 20, 2020 the owner of the tower, the owner shall have 30 days to bring the tower into compliance with these standards. Co-Location Towers shall be designed and built to accommodate a minimum of two cellular or PCS providers, if over 75 feet in height. The owner of the tower must certify to the city that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Fencing Security fencing shall be installed by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings. Setbacks All telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within required front, rear, or side setbacks. Telecommunication towers in excess of 400 feet in height shall be set back a minimum of 2,600 feet from the right-of- way of all controlled access federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters. Signage Except as otherwise permitted in this section, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Lighting Except as otherwise permitted in this DDC, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority. Abandonment In the event the use of any wireless communication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official, who shall have the right to request documentation from the owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove same within 90 days of receipt of notice from the Building Official notifying the owner/operator of such abandonment. If said antenna support structure is not removed within 90 days, the Building Official may cause it to be removed at the owner's expense. 1234 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.8 Tower Location Denton, Texas – Denton Development Code 264 Print Date: November 20, 2020 Tower Location Historical/Cultural Except for compatible alternative mounting structures that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications facilities should not be located on or within 300 feet of property zoned historic or property included in a national or local historic zoning district. In addition, said facilities should, wherever possible, be located so as to ensure that historic or culturally significant vistas, and landscapes are protected and that the views of and vistas from architecturally and/or historically significant structures are not impaired or diminished. Residential Zoning Except as provided in Table 5.6-E, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a three to one distance to height ratio from a single- family residential use and one to one distance to height ratio from a multifamily use. Towers Permitted by Right Free standing monopole telecommunications towers 85 feet or less in height are permitted except as provided in Table 5.6-E, except for the MD zoning district and other applicable sections of this subchapter. Towers Requiring a Specific Use Permit All telecommunication towers to be located in the MD zoning district are permitted with a specific use permit. Telecommunication towers in excess of 50 feet in height and monopole towers in excess of 85 feet in height are permitted, except as provided in Table 5.6-E. Tower Spacing Any new telecommunications tower in excess of 180 feet in height must be located a minimum of one mile from any existing tower in excess of 180 feet in height. Alternative Mounting Structures New alternative mounting structures 100 feet or less in height are permitted, except as provided in Table 5.6-E, and other applicable subsections of this section. New alternative mounting structures in excess of 100 feet in height are permitted, except as provided in Table 5.6-E, and other applicable subsections of this section. Alternative mounting structures must be similar in color, scale, and character to adjoining buildings or structures, or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment. Antenna Mounting Purpose The purpose of this subsection is to promote public safety and maintain order and harmony within the city's business, cultural, and residential zoning districts by restricting the size and location of telecommunication antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and to insure the structural integrity of supporting structures. 1235 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.9 Antenna Mounting Denton, Texas – Denton Development Code 265 Print Date: November 20, 2020 Whip and Panel Antenna Mounting Individual telecommunications antennas are allowed on existing electric distribution poles, light standards, and telecommunication towers in excess of 40 feet in height, provided that: A joint use agreement is executed; and The antenna is not located within the power zone of the electric distribution pole. Antennas shall not be placed on electric transmission towers. The total length of any antenna does not exceed 15 percent of the height of the structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas. Existing structures in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. Building-mounted panel antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts; provided that they are mounted flush with the exterior of the building and that they do not project above the roof line, nor more than 30 inches from the surface of the building to which they are attached. The antenna's appearance shall be such that its color and texture blends with the surrounding surface of the building. Whip antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts, provided that the total length of said whip antennas, regardless of mounting method or location, does not exceed 15 percent of the height of the building. Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area. Dish Antenna Mounting Dish antennas shall not be permitted in any front setback area or side yard setback adjacent to any roadway. Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six foot high screening fence, evergreen hedge, or masonry wall. Dish antennas in excess of 10 feet in height or more than 10 feet in diameter are permitted, except as provided in Table 5.6-E. Building/roof-mounted dish antennas that are one meter or less in diameter are permitted, except as provided in Table 5.6-E, and other applicable regulations of this section. Building/roof-mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area except as provided in Table 5.6-E, and other applicable regulations of this section. Only one building/roof-mounted dish antenna that is two meters or less in diameter, is permitted per 5,000 square feet of building floor area, except as provided in Table 5.6-E, and other applicable regulations of this section. Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 100,000 square feet of building floor area, except as provided in Table 5.6-E, and other applicable regulations of this section. 1236 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.10 Structural Certification Denton, Texas – Denton Development Code 266 Print Date: November 20, 2020 Building/roof-mounted dish antennas in excess of one meter in diameter in residential zoning districts shall be painted to have an appearance that blends with the building on which they are located, or to be located so that they are not visible from any adjacent roadway. Building/roof-mounted dish antennas in excess of two meters in diameter in non- residential zoning districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located, or to be located so that they are not visible from any adjacent roadway. Structural Certification Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array, or support structure the Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment. Appeal Any entity that desires to erect or use telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the city dealing with zoning and land use may apply for such use under this section. The City Council shall, upon a showing that strict application of regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of this subchapter and section, to the extent necessary to prevent the prohibition. 1237 37 City Support / Opposition 3e. Overland Property Group reached out to the adjacent Denia Area Group & Tremont Circle HOA to send notification of our proposed development. Outreach documentation is attached hereafter, though we have yet to receive a response. Our contact information has been provided, and we will maintain open lines of communication with any neighborhood groups should they reach out in regards to this development. We will also schedule neighborhood meetings, at their request. In addition, we met with District 3 Councilmember Jesse Davis on January 5 to introduce ourselves and our proposed, conceptual plans, in order to gain insightful feedback and recommendations as we move forward with this proposed community. 1238 From:April Engstrom aengstrom@overlandpg.com Subject:The Reserves at Magnolia / 1020 N. Willowwood St. - Proposed New Development Date:December 29, 2021 at 1:19 PM To:deniacommunity@gmail.com Dear Mr. Weber, My name is April Engstrom; I’m reaching out on behalf of Overland Property Group and our proposed multi-family development, The Reserves at Magnolia. Overland Property Group, (OPG), has developed over $750 million in multi-family and senior living communities since 2002. As of December 2021, the company has 10 projects in various stages of closing, construction or lease-up. OPG has not only become one of the fastest growing owner/developers in a six-state region but has also established a reputation as one of the most dynamic and innovative developers of affordable multifamily & independent senior living communities in the country. Through extensive experience, OPG has built and a maintained strong relationship with lenders, contractors, architects, engineers, and several other vendors that have allowed OPG to streamline the overall development process allowing for significant economies of scale. As a result, OPG has been able to market a highly sustainable model with an estimated site acquisition to construction completion period. OPG is currently pursuing an opportunity to provide brand new affordable housing in Denton, located at 1020 N. Willowwood Street. The project site is within proximity to major thoroughfares such as I-35 and Hwy 377, which provides access to abundant amenities nearby. This proposal for a new apartment community on North Willowwood Street features the construction of 60 apartment units, with ample green space, a clubhouse, and a myriad of amenities for resident’s use & enjoyment. Please see the site plan attached for further reference. This property will be a mixed-income community, serving families making between 30% and 60% of the area median income, along with market rate units available for those without restricted incomes. Unit amenities will include but are not limited to; energy star rated appliances, full size washer and dryers, LED lighting, 9-foot ceilings, walk in closets, luxury LVT flooring, knotty alder cabinets, and ceiling fans. The development will feature a park-like recreation open space, furnished community room, business center, on-site management, common area wi-fi, covered pavilion, BBQ grills, picnic tables, video surveillance, and a dedicated space for resident supportive services and classes. These supportive services will be offered to all residents free of charge and will feature programming including educational children’s classes, financial literacy classes, nutritional and health classes & career growth classes for adults, as well as regularly scheduled social events. This project proposal is currently under review with the City of Denton; as a part of this process, we are reaching out to local stakeholders & community members to evaluate the level of support & need there is for this proposed development in your community. As your availability allows, we would like to schedule a meeting with your organization to formally present our development proposal with the goal of receiving any feedback or commentary. For any questions, comments, or to discuss scheduling a neighborhood meeting, I can be reached at aengstrom@overlandpg.com or on my cell at 785-212-0810. Best, April April Engstrom | Development Associate Overland Property Group 5341 W. 151st Terrace, Leawood, Kansas 66224 C: 785.212.0810 aengstrom@overlandpg.com | www.overlandpg.com 1239 December 29, 2021 Re: The Reserves at Magnolia / 1020 N. Willowwood St. – Proposed New Development Dear Mr. Jordan, My name is April Engstrom; I’m reaching out on behalf of Overland Property Group and our proposed multi-family development, The Reserves at Magnolia. Overland Property Group, (OPG), has developed over $750 million in multi-family and senior living communities since 2002. As of December 2021, the company has 10 projects in various stages of closing, construction or lease-up. OPG has not only become one of the fastest growing owner/developers in a six-state region but has also established a reputation as one of the most dynamic and innovative developers of affordable multifamily & independent senior living communities in the country. Through extensive experience, OPG has built and a maintained strong relationship with lenders, contractors, architects, engineers, and several other vendors that have allowed OPG to streamline the overall development process allowing for significant economies of scale. As a result, OPG has been able to market a highly sustainable model with an estimated site acquisition to construction completion period. OPG is currently pursuing an opportunity to provide brand new affordable housing in Denton, located at 1020 N. Willowwood St. The project site is within proximity to major thoroughfares such as I-35 and Hwy 377, which provides access to abundant amenities nearby. This proposal for a new apartment community on North Willowwood St. features the construction of 60 apartment units, with ample green space, a clubhouse, and a myriad of amenities for resident’s use & enjoyment. Please see the site plan attached for further reference. This property will be a mixed-income community, serving families making between 30% and 60% of the area median income, along with market rate units available for those without restricted incomes. Unit amenities will include but are not limited to; energy star rated appliances, full size washer and dryers, LED lighting, 9-foot ceilings, walk in closets, luxury LVT flooring, knotty alder cabinets, and ceiling fans. The development will feature a park-like recreation open space, furnished community room, business center, on-site management, common area wi-fi, covered pavilion, BBQ grills, picnic tables, video surveillance, and a dedicated space for resident supportive services and classes. These supportive services will be offered to all residents free of charge and will feature programming including educational children’s classes, financial literacy classes, nutritional and health classes & career growth classes for adults, as well as regularly scheduled social events. This project proposal is currently under review with the City of Denton; as a part of this process, we are reaching out to local stakeholders & community members to evaluate the level of support & need there is for this proposed development in your community. As your availability allows, we would like to schedule a meeting with your organization to formally present our development proposal with the goal of receiving any feedback or commentary. For any questions, comments, or to discuss scheduling a neighborhood meeting, I can be reached at aengstrom@overlandpg.com or on my cell at 785-212-0810. Best, April Engstrom | Development Associate Overland Property Group 5341 W. 151st Terrace, Leawood, Kansas 66224 C: 785.212.0810 aengstrom@overlandpg.com | www.overlandpg.com 1240 38 TDHCA Self-Score Matrix 3f. DRAFT 12/15/21 11:20 AM QAP Reference Points Selected Concerted Revitalization Plan §11.9(d)(7) Community Support and Engagement Total 11 Criteria Promoting the Efficient Use of Limited Resources and Applicant Accountability Point Item Description Declared Disaster Area §11.9(d)(3)10 §11.9(d)(6) Quantifiable Community Participation §11.9(d)(4) Community Support from State Representative §11.9(d)(5) Input from Community Organizations Point Item Description QAP Reference Points Selected §11.9(d)(1)Local Government Support Commitment of Development Funding by Local Political Subdivision §11.9(d)(2)1 Proximity to Job Areas §11.9(c)(7)6 51Serve and Support Texans Most in Need Total Criteria Promoting Community Support and Engagement Efficient Use of Limited Resources and Applicant Accountability Total Point Deductions §11.9(f) Total Application Self-Score 132 Right of First Refusal §11.9(e)(7)1 Funding Request Amount §11.9(e)(8)1 53 §11.9(e)(6)0 Leveraging of Private, State, and Federal Resources §11.9(e)(4)3 Extended Affordability §11.9(e)(5)4 Historic Preservation §11.9(e)(3)6 Financial Feasibility §11.9(e)(1)26 Cost of Development per Square Foot §11.9(e)(2)12 Pre-application Participation Resident Supportive Services §11.9(c)(3)11 §11.9(c)(6)3 Opportunity Index §11.9(c)(4)0 Underserved Area §11.9(c)(5)5 Residents with Special Housing Needs Point Item Description QAP Reference Points Selected §11.9(c)(1)15Income Levels of Residents Rent Levels of Residents §11.9(c)(2)11 Unit, Development Construction, and Energy and Water Efficiency Features §11.9(b)(1)(B)9 Sponsor Characteristics §11.9(b)(2)2 17High Quality Housing Total Criteria to Serve and Support Texans Most In Need §11.9(b)(1)(A)6 Competitive Housing Tax Credit Selection Self-Score (10 TAC §11.9) This form will self-populate based on scoring selections made throughout the Application. Applicant should refer to this form to ensure scoring selections are accurate prior to submitting the Application. Corrections must be made in the applicable section(s) of the Application. Criteria Promoting Development of High Quality Housing Point Item Description QAP Reference Points Selected Unit Sizes 7 * 139 total with 7 Revitalization Plan points 1241 39 Tenant Population, Restrictions & Supportive Services 3g. ACCESS TO SUPPORTIVE SERVICES Overland Property Group (“OPG”) is proposing the development of a 60-unit mixed income multifamily community complimented by outdoors green space located at 1020 Willowwood Street in Denton, Texas. The apartment units at this community will be general occupancy workforce apartment units, with no applicable age limits. We except the residents of this community to consist of working-class families and individuals, with ranging annual income. This community will consist of 18 one-bedroom, 30 two-bedroom and 12 three-bedroom, 100% of which would be financed utilizing 9% housing tax credits through the Texas Department of Housing and Community Affairs (“TDHCA”). These housing tax credit units will be available to households that earn between 30% and 60% of the Area Median Income (“AMI”). Income restrictions for these units will range from 30% – 60% of AMI, resulting in effective annual gross income limits ranging from $26,070 - $52,147. In addition, this development will include 6 market rate units. The table below summaries the proposed unit mix for the project: UNIT TYPE 30% AMI 50% AMI 60% AMI MARKET RATE 1 bedroom 2 7 7 1 2 bedroom 3 11 13 2 3 bedroom 1 4 6 3 Seldin Company will provide resident services on an ongoing basis (monthly, quarterly, annually). The majority of resident services are supervised or provided directly by the Property Managers, with reporting requirements directed to their Supportive Service Coordinator. They also work with outside organizations to ensure contract requirement are met and services are being provided consistently to our residents. Resident services range from hosting resident events, such as movie nights or potluck dinners, to providing classes on how to deal with chronic pain, financial education, and education on landlord tenant law. Services offered vary depending on needs of the resident population. 1242 40 Supportive Services (cont.) ORGANIZATION NAME ADDRESS DISTANCE (MI) Food Security La Azteca Meat Market 518 Acme St, Denton, 76201 0.3 Library South Branch Library 3228 Teasley Ln. 2.35 Health Care CVS Pharmacy 1510 W Hickory St, Denton, 76201 1.26 Health Care Surepoint Emergency Center Denton 2426 Lillian Miller Pkwy, Denton, 76205 2.15 School Borman Elementary School 1201 Parvin St, Denton, TX 76205 0.43 School McMath Middle School 1900 Jason Dr, Denton, TX 76205 1.10 School Fred Moore High School 815 Cross Timber St, Denton, TX 76205 1.19 School University of North Texas 1155 Union Circle, Denton, 76203 0.85 Public Facilities Denia Park/Denia Recreation Center 1001 Parvin St, Denton, 76205 0.43 Nonprofit/food security Denton Freedom House Freedom Food Pantry 1123 Fort Worth Dr, Denton, TX 76205 0.36 Nonprofit/food security Meals on Wheels of Denton County All of Denton County Svc Area Public Transit Downtown Denton Transit Center Denton, TX 76201 1.53 ACCESS TO SUPPORTIVE SERVICES The Reserves at Magnolia will focus on housing families, with restrictions on income levels for 54 out of 60 units. The proposed apartments are within walking distance to Borman Elementary School, a grocery store, a food pantry and a public recreation center. The recreation center has a playground, access to public computers, exercise areas and a preschool licensed by the Texas Department of Family and Protective Services. The apartments are also within Denton GoZone’s designated service area, an inexpensive public transportation service that can take residents to all the other supportive services listed. TENANT POPULATION Multi-family RESTRICTIONS Income-based restricted 1243 41 Supportive Services (cont.) 1244 42 Unit Amenities 3h. ‣Energy-Star Dishwasher ‣Energy-Star ‣Self-cleaning ovens ‣Ice maker in refrigerator ‣Garbage disposals ‣Exhaust vents/fans to exterior ‣Energy Star rated ceiling fans in bedrooms ‣LED lighting ‣9 foot ceilings ‣Walk-in closets in master bedrooms ‣Knotty Adler cabinets ‣In-unit washer & dryer ‣Window treatments ‣Luxury LVT Flooring ‣Recessed built-in shelving UNIT AMENITIES 1245 43 Site Amenities 3h. SITE AMENITIES ‣Park-like recreation open space ‣Business center ‣4,000+ sq. ft. Clubhouse ‣Fitness center ‣On-site management ‣Media theater ‣Video surveillance ‣Supportive services classes ‣Covered pavilion ‣BBQ grills ‣Picnic tables ‣Furnished community room ‣Library with accessible sitting areas ‣Secured access to units ‣Horseshoe pit ‣Playground ‣Sport court ‣Dog park ‣Common area wifi ‣30 year architectural roofing ‣More than 30% stucco or masonry ‣Cementitious siding on all other building surfaces 1246 44 Quality of Design & Construction 3i. WE BUILD OUR COMMUNITIES TO LAST, USING THE MOST SUSTAINABLE MATERIALS AVAILABLE TO US The Reserves at Magnolia will be constructed using the following sustainable materials & practices: ‣Construction waste recycling ‣Recycled glass ‣Engineered structural wood products ‣Fiber cement siding ‣Low/no VOC coatings ‣Native plant species landscaping SUSTAINABILITY ‣Lighting: Energy-Star rated lighting/ceiling fans in all units, recessed LED lighting, or LED lighting fixtures in kitchen and living areas. ‣Plumbing fixtures: Low water use. EPA WaterSense or equivalent toilets, shower heads, and faucets in all bathrooms. ‣Appliances: Garbage disposal, microwave, self-cleaning or continuous cleaning oven/range, Energy-Star rated refrigerator with ice-maker, and Energy-Star dishwasher. ‣Insulation: Thermal batt insulation at exterior walls, attic space, and perimeter windows and use of Sound batt insulation and vapor retarder. ‣HVAC: All areas of unit must have heating and air-conditioning. 12 SEER or as selected. 1247 45 Design & Construction (cont.) ELECTRICITY ‣Lighting: Exterior luminaries, wall pak, and pole mounted must comply with NFPA 70 requirements. LED luminaries UL 8750 recognized or listed as application; minimum of 50,000 hours at 70% lumen maintenance PLUMBING ‣Water quality: City or Utility standard. ‣Water lines: PECs and copper ‣Plumbing fixtures: Low water use. EPA WaterSense or equivalent toilets, showerheads, and faucets in all bathrooms. ‣Valves: Thermostatic mixing valves ‣Dishwashers: Energy-Star rated ‣Water Heaters: Automatic, electric, vertical storage; Tank: glass-lined welded steel, thermally insulated with one inch thick glass fiber, encased in corrosion-resistant steel jacket; baked-on enamel finish; automatic water thermostat with externally adjustable temperature range from 120 to 170 degrees F. ‣Garbage disposals: Energy-Star rated. HVAC Split-System heating and cooling units: self-contained, packaged, matched factory- engineered and assembled, pre-wired indoor and outdoor units; UL listed. ‣Cooling equipment – 12 SEER or as selected. Outdoor electric condensing unit with evaporator coil in central ducted indoor unit. ‣Heating equipment – Natural gas fired furnace: high efficiency condensing with piped combustion air and flue ‣Thermostats – Wall-mounted, electric solid state microcomputer based room thermostat with remote sensor to maintain temperature setting; low-voltage with automatic switching from heating to cooling. ‣Ventilation – Combustion air and vent connections in accordance with manufacturer’s recommendations. Exhaust/vent fans in bathrooms, vented to the outside. MOISTURE PROTECTION ‣All siding, building wrap, zip sheathing, window seals and fins, roof flashings, etc. per specification. 1248 46 Design & Construction (cont.) BUILDING EXTERIORS ‣Masonry – Manufactured stone veneer, manufactured brick veneer, manufactured stone trim, stucco, and application materials. ‣Roofing – 30-year asphalt shingle roof. Elastomeric Sheet Membrane conventional Roofing System. 20-year manufacturer’s weather tightness warranty. ‣Siding – Back-Drained and Ventilated (BD&V) Aluminum Composite Material (ACM) panel systems, Hardie Reveal Panels, Lap Siding, and James Hardie HZ5 Artisan V-Grove for Climate WINDOWS & DOORS ‣Unit entry doors – Non-rate, fire-rate, and thermally insulated Masonite HD Wood Edge panel doors with steel facing and metal frames. ‣Exterior doors – Patio Doors: Vinyl reinforced frame, hinged In-Swing patio doors with stationary panels or side lights as indicated. ‣Windows – Energy-Star rated vinyl-framed windows. Blinds or window coverings for all windows. Screens on all operable windows. UNIT INTERIORS ‣Cabinets – Cabinets to be made of hardwood plywood, AWI Premium Grade with plastic laminate. ‣Flooring – Ceramic floor tile installed using the thinset application method. Carpet: cut pile carpet with pad or integral backing. ‣Countertops – Plastic Laminate: high-pressure decorative laminate complying with NEMA LD 3. Particleboard not less than ¾ inch (19mm) thick LANDSCAPING & IRRIGATION ‣Landscaping – Seeding and sodding with full maintenance for not less than 1 year from date of Substantial completion. ‣Irrigation – Complete irrigation system includes but is not limited to pumps, piping, valves, sprinklers, heads, specialties, controls, and wiring for pumps and automatic control of the well pumps and irrigation system. 1249 45 Compatibility with City’s Comprehensive Plan 3j. FUTURE USE LAND MAP ‣This proposed development is located in an area shown as overlay of Commercial and Low Residential, but it right across the street from a very large Community Mixed-Use Land Use Area. The City’s Future Use Land Map is attached for reference. (See next page) DENTON COMPREHENSIVE PLAN 2030 After reviewing the Denton’s Comprehensive Plan 2030, we believe that our development will help to address the following concerns as identified and outlined by the City & its residents below by providing sustainably built, quality communities that are within a close proximity to a myriad of amenities. At Overland Property Group, our mission is to provide communities that their residents can feel proud to call home. ‣Pg. 8 - Denton Today •Denton Population was 113,383 in 2010 and is expected to double by 2030. Thus creating a huge need for additional housing. As of 2019, it was already up to 136,195, which is a 2% growth per year. •This creates a huge need for additional housing. As of 2019, it was already up to 136,195, which is a 2% growth per year. •The timeline for affordable housing development & construction is often underestimated. With a shortage of affordable housing as present as ever across the US, timeliness for mitigation is of the essence. •The Dallas-Fort Worth Metroplex is the 4th largest and fastest growing center in the US. ‣Pg 12 - Community Forum Concerns: •Top Challenges included failure to keep up with growth •Top weaknesses include a need for more housing options and social services •OPG works with our third-party management company, Seldin Company, to provide top tier social services to our residents, tailored to the needs of our community members. ‣Pg. 14 - Community Vision •The character of Denton includes high-quality development and commitment to environmentally conscious design. •In addition to using sustainable & durable quality materials, OPG will work with the City’s Planning & Zoning department, along with our environmental consultants & architects, to best address tree preservation for this site, with the shared goal of limiting tree & habitat disruption to the fullest extend we are able. •The People of Denton value being fair and offering equitable access to opportunities. •Sound Growth includes balanced and sustainable growth in high quality livable places that offer diverse choices among neighborhood settings. •Throughout Denton you see compact development patterns that included expanded areas of mixed use. 1250 §¨¦ ") ") ") §¨¦ §¨¦ £¤ £¤ !( §¨¦ §¨¦ £¤ ") £¤ !( ") §¨¦ ") !( £¤ ") £¤ £¤ ") §¨¦ ") £¤ §¨¦ ")I 35I35 WFM 1830I35E FM 2449 FM 156 NFM 11 7 3 N LOOP 288 FM 2164FM 156 SN I 3 5 E FM 2181FM 2450FM 2 1 5 3 S MAYHILL RDDA L L A S D R N EL M S T S LOCUST STN LOCUST STS LOOP 288I 35N LOOP 288S MAYHILL RDN LOCUST STN L O O P 2 8 8I 35N LOOP 288N EL M S TI 35FM 2450I35 WFM 2181 N LOOP 288 FM 1173 I35 WFM 24 4 9 I35 WI35 WI35 E N LOOP 288 I35 EN LOCUST STFM 156 NFM 1173 I35 WFM 2181 N EL M S TFM 156 NFM 2450FM 1173 N LOOP 288S MAYHILL RDI35EN ELM ST1515 1830 2164 2164 Union PacificKansas C i ty Sou the rnBurlington Northern / Santa Fe2181 2449 288 288 288 377 377 380 380 380 426 426 428 428 77 77 77 I35 I35 I35E I35E I35E I35W I35W I35W Corinth Argyle Krum Northlake Shady Shores Hickory Creek Copper Canyon Ponder Highland Village 0 1 20.5 Miles ¯ Source: City of Denton, November 3, 2014Ordinance No: 2015-026 FUTURE LAND USE MAP Legend Major Roads Future Roadway Proposed Lakeview - Post Oak Municipal Boundary Surrounding Municipalities ETJ MPC Boundary Future Land Use Designations Residential Rural Areas Low Residential Moderate Residential Mixed Use Downtown Denton Downtown Compatibility Area Regional Mixed-Use Community Mixed-Use Neighborhood Mixed-Use Neighborhood / University Compatibility Area Business Innovation Non-Residential Commercial Industrial Commerce Government / Institutional Parks / Open Space L a k e L e w i s v i l l e L a k e L e w i s v i l l eFM 2164FM 2153FM 455 E FM 2 1 5 3FM 2153FM 2153FM 2153 FM 455 EL a k e R a y R o b e r t s Sanger AubreyNorth Denton Area Inset See North Denton Area Inset Map Revised June 19, 2017 1251 46 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 16 - Growth Trend Scenarios •Denton has a higher proportion of single-person households •The population of Denton is fairly young. The 18-24 age cohort was 25% of the population from 2000-2010, but there is a shift happening now to an increase in older adults •These demographic shifts involve changes in housing preferences that Denton’s housing market does not meet today, such as more multi-family housing and units for singles, young families and retired baby boomers. •While this development will have a multifamily designation, an average of 30% of residents will be senior citizens. ‣Pg. 17 - Table 1.2 & Table 1.3 •By 2030 Denton will add approximately 94,000 people, requiring 37,000 additional new housing units •Of those 37,000 units, based on demand, 12,254 of those will need to be Multi-Family Housing. 1252 47 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 19 •The Susceptibility of Change analysis allocated 16,061 acres (both residential and non) of new development in the areas that were most suitable based on many factors including: vacant or underutilizes areas, areas adjacent to corridors currently being upgraded (i.e. Teasley Rd.), and areas likely to redevelop. •Current Denton growth was showing a sprawling pattern. However, the Community Vision statement helped to express a desire for development patterns, namely a preference from more impact growth, mixed use, and revitalization in the urban core. ‣Pg. 20 - Figures 1.3-1.6 Alternative Growth Scenarios (see next page) •Each alternate scenario included an increased proportion of multi-family development relative to single-family development. ‣Pg. 23 – Preferred Growth Concept •After allowing the community members to vote at forums, the Compact Scenario received the highest number of votes. This scenario shows a significantly higher amount of Multi-family housing, and even some high-density multi-family housing, than they other scenarios. •The lowest voting for the Growth Trend scenario (the projected sprawl) indicated a preference for more compact and purposeful pattern of growth clustered around distinct locations. •Reflects priorities for development including walkability, trails, more mixed use, jobs close to home or accessible by transit and expanded housing options. ‣Pg. 33 – Land Use Overview •The historic trend of land use pattern included much greenfield development driven by market forces and road and infrastructure construction. This trend has resulted in a land use pattern that has tended to further extend distances between where people live, work and shop, resulting in a rate of land consumption and “spreading out” which is faster than the underlying growth of the population, producing an unsustainable trend that is costly for the city and taxpayers alike. •Suburban expansion has caused in-town neighborhoods and commercial areas to suffer dis-investment and decline and are in need of renewal. •We believe that development begets development - bringing new life into these neighborhoods can often times be seen as a catalyst for further growth. ‣Pg. 35 – Existing Land Use •Residential is the largest developed land use category, however, only 10% of that residential land use is multi-family, with 80% being single-family. Exhibiting a lack of housing variety and options. •Table 2.1 – of existing land use, multi-family is only 1.7% •14% of the city’s land use area is identified as “Undeveloped” and is land with not structures that does not have an associated use and is generally not protected from development. •The mixed-use areas tend to follow the downtown areas and the radiating corridors. 1253 48 Compatibility with City’s Comprehensive Plan (cont.) 2020 page 1 DENTON PLAN 2030 FIGURE 1.3 Growth Trend Scenario FIGURE 1.4 Corridors Growth Scenario FIGURE 1.6 Compact Growth ScenarioFIGURE 1.5 Centers Growth Scenario 1254 49 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 33 - Existing Land Use (cont.) ‣Pg. 38 – Goal Land Use 1 = Grow Compactly •In General, the Future Land Use Map (FLUM) should serve as a guide in making development and re-zoning decisions. •2.3.1 Create additional mixed-use zoning districts and/or overlay districts to achieve consistency with the mixed-use development on the FLUM ‣Pg. 39 – Goal Land Use 2 = Grow with Purpose: Achieve re-investment, revitalization and redevelopment of key growth centers and corridors •Encouraging Compact Growth at Centers and Corridors – these areas focus on mixed-use development that increases density and activity at key locations. ‣Pg. 42 – Goal Land Use 3 = Grow Assets: Maintain and Strengthen Neighborhoods, Commercial and Employment areas. •City should take every opportunity to ensure that as gaps in the neighborhood fabric occur, infill development, that is development of vacant of deteriorated properties will be encouraged, complimenting the scale and character of the neighborhood. •Infill development also creates opportunity for more compact forms of development and affordable housing options. 1255 50 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 42 – Goal Land Use 3 = Grow Assets: Maintain and Strengthen Neighborhoods, Commercial and Employment areas. (Cont.) •Some existing neighborhoods may tend to fear or resist the introduction of new housing types. Such concerns much be addressed by carefully examining how and where such uses can be introduced carefully within neighborhoods and in transitional areas, particularly along higher volume roadway corridors where single-family homes are longer desirable. •We have extended offers to surrounding neighborhood groups to hold meetings to ensure that we are listening to the needs of the current current, surrounding residents so that we can work diligently to address any concerns. ‣Pg. 52 – Goal Land Use 5 = Grow with Character: Promote Development with Enhances Community Character and Functionality •To ensure that this distinct character is retained, a series of policies and actions proposed a comprehensive review of the city’s development standards influencing both development quality and character, including architectural and landscape character. •We don’t think of our apartments as just apartments - instead, we build developments that include ample, shared common & green space, and amenities that provide residents with a sense of community and belonging. We want our communities to convey quality, durability, and character. ‣Pg. 53 – Goal Land Use 6 = Grow with Balance: Establish land use designations that respond to the growing needs and character specifications of the Denton Community. •The Future Land Use Map (FLUM) reflects new patterns to accommodate projected growth in population, but also to do so in creative ways that result in a more sustainable pattern, including greater use of mixed-use and targeted re-use and revitalization of designated centers and corridors. •Residential – Moderate Density – This land use applies to areas within the central areas of Denton and transition areas between established single-family neighborhood and mixed-use or commercial areas that can accommodate greater density, or adjacent to key corridors. •Future Multi-family dwellings and townhomes should maintain a scale, style, and building orientation in order to complement the prevailing character of its surroundings. •New residential development should be organized to promote walkability, including sidewalks, and ideally should locate all residences a five to ten minute walk from neighborhood-serving retail and other amenities such as parks and schools. •Community Mixed-Use – This designation is intended to promote a mix of uses. •The intend is to encourage infill and redevelopment for more diverse and attractive mis of uses over time. •Diverse uses shall be located in close proximity to one another so that all uses are accessible from a single stop or by walking or bicycling. 1256 51 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 72 – Goal Fiscal & Economic Vitality 1 = Ensure the long-term financial stability of the city with fiscally responsible policies and actions. •Partner and collaborate with developers to provide sufficient workforce housing to meet market demands and diversify housing choices. •Our unit mix designations and rents are specifically catered to the City’s needs, using a Market Analysis to best cater to the specific needs of the community. ‣Pg. 90 – Infill Development/Redevelopment: There is a community desire to encourage fill development and redevelopment as a means to slow outward growth, to create vibrancy in commercial districts, and to reinvest and stabilize certain districts and neighborhoods. •Infill development takes advantage of existing public infrastructure like parks, streets, water, and utilities by focusing growth in vacant or underutilized property. •Infill absorbs growth in already built districts close to services and amenities, requiring that fewer facilities be built in the future. •Properly designed infill and redevelopment projects restore continuity to a neighborhood, often increasing property values of adjacent properties and surrounding neighborhoods. •This proposed development creatively uses unused, vacant land within the City to address the affordable housing shortage, while not widening the City spread. ‣Pg. 90 – Residential Diversity •Encouraging smaller residential units built closer to existing services and amenities lessens the need for costly capital expansion, and provides a better array of housing options for the growing workforce. •Increasingly the workforce is looking for smaller units in live/work/play districts providing direct access to the cultural amenities of vibrant communities. •With 2 growing universities, Denton’s housing stock must accommodate a young and mobile population with affordable housing options. •The city must actively collaborate and partner with developers to provide market feasible projects that offer the range of housing, workspace and community options desired by the community and workforce. •3.12 Encourage more dense development to increase market feasibility and create vibrancy ‣Pg. 92 – Goal Fiscal & Economic Vitality 6: Ensure that new development pays its fair and proportional share of the cost to maintain currents levels of services such as public safety, parks and recreation, streets and utilities. •Work with developers to share the cost of necessary public service investments •Partner with developers to adopt regulations that implement streetscape design features like minimal curb cuts, buffered on-street parking, larger sidewalks with bump-outs, and on-street striping of bicycle lanes and cross-walks, to create vibrant and safe development districts. •Partner with developers to adopt regulations that secure parks and open space in all new residential and commercial centers to ensure adequate green space and multi- modal connections between developments. 1257 52 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 95 – Community Character and Urban Design Overview •Denton has become a destination within the DFW Metroplex and Texas for those in search of an authentic, diverse, affordable and livable place. •Key Characteristics of Denton: Iconic courthouse and Square, its welcoming and walkable Downtown Core, its historic areas with turn-of-the-century estates, its diverse neighborhoods, and its funky, artsy culture. •Elements of this concept include: Encouraging high quality development that will respect and enhance the character and pride of Denton. ‣Pg. 115 – Urban Design includes the design of streets and publicly visible areas (public realm). High quality urban design is a fundamental requirement to attract long-term, high-quality investment and jobs. ‣Pg. 116 – Goal Community Character 4 = Create Character: Achieve exemplary urban design in future and existing development throughout Denton’s neighborhoods, center and land uses. •Denton’s identity will be strengthened in the future by enhancing the aesthetic qualities of its build environment, public realm, and creating distinction amount places and neighborhoods. •Use of the Urban Design Plan, which is consistent with revised future land use designations and urban design goals and provides a citywide approach to visual quality and image. •OPG caters our community designs to best compliment the City they're developed in. We’re no stranger to working in cities with discerning & specific design requirements. In the spring, we will construction will commence on our third affordable development in Steamboat Springs, CO, a high-end mountain resort town, which is a testament to our design standards and collaborative nature with the cities we partner with. ‣Pg. 118 – Figure 4.1 – Focus Areas Concept - this development is located within the City’s targeted focus area. (please see next page) ‣Pg. 119 – Design of the Public Realm Key Factors. •Our engineers & architect will work with City staff to ensure our development makes the best use of any adjacent pedestrian amenities, and will comply with Denton’s tree, landscape, and design criteria. •Ensure that new development addresses established pedestrian and bicycle networks and provides for additional connectivity to further foster pedestrian and bicycle mobility •Ensure that trees and landscaping are included in all roadway standards and site design criteria to recognize their aesthetic and environmental contribution to the city and enhancements of the tree canopy. ‣Pg. 197 – Housing and Neighborhoods •Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special needs 1258 53 Compatibility with City’s Comprehensive Plan (cont.) 1259 54 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 198 – Senior housing •Expand the availability for housing choices for existing and potential community members most in need of housing, including seniors. •Encourage the development of options for senior housing and housing for persons with disabilities with a variety of unit types and cost choices, including ADA- accessible and active adult settings. ‣Pg. 199 – Housing variety •Demographic shifts are currently underway and are beginning to change housing preferences: retired empty-nesters, Baby Boomers, and Millennials, increasingly prefer smaller, apartments, condos, lofts and townhomes in compact walkable locations. •Denton currently has a large supply of apartments, much of which is older, poorly designed, and not properly maintained. Consequently, there is a need to promote development of a broader array of higher-quality housing options including mid- rise apartments. ‣Pg. 215 – Community Health, Safety and Services •Put people first: Design communities that put community health first and consider health impacts ahead of time. •Recognize the Economic Value: changing lifestyle preferences indicate that walkable, mixed-use and transit-rich communities are more highly valued and create economic engines in cities. •Energize Shared Spaces: activation of the public realm enlivens communities and provides additional opportunities for physical activity and community interaction in the outdoors. •Make healthy Choices Easy: ensure that environments are safe so that making healthy choices will not be discouraged by perceptions of safety. •Ensure equitable access: design for all ages and abilities, focus on safe and accessible routes. Address all modes and transportation users. 1260 47 FINANCIAL NARRATIVE & ATTACHMENTS SECTION 4 1261 58 Proforma 4a. 1262 59 Annual Partner Audit 4b. Overland Property Group does not conduct annual partner audits. Partner financial statements are available by request. Taxable Status 4c. This development is not seeking tax exempt status, and will pay property taxes. 1263 RAD Bond Deal:NoIdentity of Interest:No NRA Units 50,646 60 Acquisition New/Rehab.Historic ACQUISITION: Site acquisition cost 825,000$ Existing building acquisition cost Subtotal Acquisition Cost 825,000$ -$ -$ -$ 5.73%16.29$ 13,750$ OFF-SITES: Off-site concrete Storm drains & devices Water & fire hydrants Off-site utilities Sewer lateral(s) Off-site paving Off-site electrical potential off-site cost 35,000$ Subtotal Off-Sites Cost 35,000$ -$ -$ -$ SITE WORK: Demolition 31,875$ Asbestos Abatement (Demo Only) Detention -$ Rough Grading 197,200$ 197,200$ Fine grading 153,000$ 153,000$ On-site concrete 74,120$ 74,120$ On-site electrical 153,000$ 153,000$ On-site paving 176,800$ 176,800$ On-site utilities 153,000$ 153,000$ Decorative masonry -$ Bumper stops, striping & signs 20,400$ 20,400$ mobilization 30,600$ 30,600$ 15,969$ - Eligible Subtotal Site Work Cost 989,995$ -$ 958,120$ -$ 6.88%19.55$ 16,500$ - Total SITE AMENITIES: Landscaping 136,000$ 136,000$ Pool and decking -$ Athletic court(s), playground(s)23,800$ 23,800$ Fencing 27,200$ 27,200$ Subtotal Site Amenities Cost 187,000$ -$ 187,000$ -$ BUILDING COSTS: Concrete 350,081$ 350,081$ Masonry 219,290$ 219,290$ Metals 168,055$ 168,055$ Woods and Plastics 1,455,635$ 1,455,635$ Thermal & Moisture Protection 453,013$ 453,013$ Roof Covering -$ -$ Doors and Windows 341,441$ 341,441$ Finishes 1,104,309$ 1,104,309$ Specialties 51,920$ 51,920$ Equipment 139,182$ 139,182$ Furnishings 178,746$ 178,746$ Special Construction 95,899$ 95,899$ Conveying Systems (Elevators)98,141$ 98,141$ Mechanical (HVAC; Plumbing)1,161,327$ 1,161,327$ Electrical 609,286$ 609,286$ Detached Community Buildings Carports and/or Garages Lead-Based Paint Abatement Asbestos Abatement Structured Parking Commercial Space Costs Subtotal Building Costs 6,426,324$ -$ 6,426,324$ -$ 44.63%126.89$ 107,105$ - Total Building Cost Voluntary Total Voluntary per sf Scoring Limit Elect Points 4,485,716$ 88.57$ 88.58$ 12 7,603,319$ -$ 5,630,836$ -$ 52.80%150.13$ 126,722$ - Total Building Cost & Site Work Contingency (7-10%)7.00%534,682$ 394,159$ 7.00%534,682$ max 394,159$ TOTAL HARD COSTS 8,173,002$ -$ 6,024,995$ -$ OTHER CONSTRUCTION COSTS: General requirements (<6%)6.00%490,380$ 361,500$ 6.00% Field supervision (within GR limit) Contractor overhead (<2%)2.00%163,460$ 120,500$ 2.00% G & A Field (within overhead limit) Contractor profit (<6%)6.00%490,380$ 361,500$ 6.00% TOTAL CONTRACTOR FEES 1,144,220$ -$ 843,499$ -$ 1,144,220$ max 843,499$ 9,317,222$ -$ 6,868,494$ -$ 64.71%183.97$ 155,287$ - Total Hard Cost (with contingency but not including bonds or ffe) Total Cost Total Cost Summary Eligible Basis TOTAL BUILDING COSTS & SITE WORK TOTAL CONSTRUCTION CONTRACT VOLUNTARY ELIGIBLE BUILDING COST DEVELOPMENT COST SCHEDULE % of Total Cost Per Square Foot Per Unit HIGH COST DEVELOPMENT 1264 64.71%176.36$ 151,109$ - Total Hard Cost (not including contingency but includes bonds & ffe) Voluntary Total Voluntary per sf Scoring Limit Elect Points -$ -$ SOFT COSTS: Architectural - Design fees 250,000$ 250,000$ Architectural - Supervision fees 65,000$ 65,000$ Engineering fees 110,000$ 110,000$ Real estate attorney/other legal fees 85,000$ 85,000$ Accounting fees 45,000$ 45,000$ Impact fees 96,450$ 96,450$ Building permits & related costs 152,266$ 152,266$ Appraisal 7,500$ 7,500$ Market analysis 8,000$ 8,000$ Environmental assessment 15,000$ 15,000$ Soils report 9,900$ 9,900$ Survey 10,200$ 10,200$ Marketing 15,000$ Hazard & liability insurance 28,868$ 28,868$ Real property taxes 45,052$ 45,052$ Personal property taxes Tenant relocation expenses FFE 72,000$ 72,000$ Other (Bldr's Risk, GL, Comp Ops Ins)134,527$ 134,527$ -$ Subtotal Soft Cost 1,149,763$ -$ 1,134,763$ -$ 7.98%22.70$ 19,163$ FINANCING: CONSTRUCTION LOAN Interest 565,400$ 565,400$ 848,101$ max 565,400$ Loan origination fees 39,910$ 39,910$ Title & recording fees 110,000$ 110,000$ Closing costs & legal fees 55,000$ 55,000$ Inspection fees 35,000$ 35,000$ Credit Report Discount Points -$ -$ PERMANENT LOAN Loan origination fees 39,910$ Title & recording fees Closing costs & legal Bond premium Credit report Discount points Credit enhancement fees Prepaid MIP BRIDGE LOAN Interest Loan origination fees Title & recording fees Closing costs & legal fees OTHER FINANCING COSTS Tax credit fees 45,000$ Tax and/or bond counsel Payment bonds Performance bonds 77,500$ 77,500$ Credit enhancement fees Mortgage insurance premiums Cost of underwriting & issuance Syndication organizational cost 35,000$ Tax opinion Contractor Guarantee Fee Developer Guarantee Fee Subtotal Financing Cost 1,002,720$ -$ 882,810$ -$ 6.96%19.80$ 16,712$ DEVELOPER FEES: Housing consultant fees 207,500$ 207,500$ General & administrative Profit or fee 1,447,611$ 1,125,410$ Subtotal Developer's Fees 15.00%1,655,111$ -$ 1,332,910$ -$ 15.00%1,655,111$ max 1,332,910$ RESERVES: Rent-up - new funds Rent-up - existing reserves* Operating - new funds 449,557$ Operating - existing reserves* Replacement - new funds Replacement - existing reserves* Escrows - new funds Escrows - existing reserves* Subtotal Reserves 449,557$ -$ -$ -$ 449,557$ max TOTAL HOUSING DEVELOPMENT COSTS 14,399,373$ -$ 10,218,977$ -$ 100.00%284.31$ 239,990$ VOLUNTARY ELIGIBLE HARD COST INCLUDING ACQUISITION COST IN BASIS (REHAB ONLY) 1265 General & Administrative Expenses Accounting $6,036 Advertising $8,027 Legal fees $4,765 Leased equipment $- Postage & office supplies $3,812 Telephone $2,859 Other $ Other $ Total General & Administrative Expenses:25,500$ Management Fee:5.00%32,492 Payroll, Payroll Tax & Employee Benefits Management $37,051 Maintenance $22,933 Other $15,016 Other $ Total Payroll, Payroll Tax & Employee Benefits:75,000$ Repairs & Maintenance Elevator $1,591 Exterminating $1,531 Grounds $15,468 Make-ready $8,508 Repairs $11,902 Pool $ Other $ Other $ Total Repairs & Maintenance:39,000$ Electric $12,000 Natural gas $ Trash $ Water & sewer $36,000 Other $ Other $ Total Utilities:48,000$ Annual Property Insurance:Rate per net rentable square foot:$0.57 28,868 Property Taxes: Published Capitalization Rate:7.75%Source: Annual Property Taxes:$90,103 Payments in Lieu of Taxes:$ Other Taxes $ Other Taxes $ Total Property Taxes:90,103$ Reserve for Replacements:Annual reserves per unit:$250 15,000$ Other Expenses Cable TV $ Supportive service contract fees $ TDHCA LIHTC Compliance fees $2,160 TDHCA HOME Compliance fees (only if no HTC)$ Security $ Other $ Other $ Total Other Expenses:2,160$ TOTAL ANNUAL EXPENSES Expense per unit:$5,935 356,123$ Expense to Income Ratio:54.80% NET OPERATING INCOME (before debt service)293,720$ Annual Debt Service $244,766 $- $- $- 1.200 NET CASH FLOW 48,953 Denton ANNUAL OPERATING EXPENSES Utilities benefits/payroll taxes Debt Coverage Ratio: TDHCA 1266 INCOME LEASE-UP YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 POTENTIAL GROSS ANNUAL RENTAL INCOME 695,333$ 709,239$ 723,424$ 737,893$ 752,651$ 767,704$ 783,058$ 798,719$ 814,693$ 830,987$ 847,607$ 864,559$ 881,850$ 899,487$ 917,477$ Secondary Income 7,200$ 7,344$ 7,491$ 7,641$ 7,794$ 7,949$ 8,108$ 8,271$ 8,436$ 8,605$ 8,777$ 8,952$ 9,131$ 9,314$ 9,500$ POTENTIAL GROSS ANNUAL INCOME -$ 702,533$ 716,583$ 730,915$ 745,533$ 760,444$ 775,653$ 791,166$ 806,989$ 823,129$ 839,592$ 856,384$ 873,511$ 890,981$ 908,801$ 926,977$ Provision for Vacancy & Collection Loss 52,690$ 53,744$ 54,819$ 55,915$ 57,033$ 58,174$ 59,337$ 60,524$ 61,735$ 62,969$ 64,229$ 65,513$ 66,824$ 68,160$ 69,523$ Rental Concessions -$ EFFECTIVE GROSS ANNUAL INCOME $0 $649,843 $662,840 $676,096 $689,618 $703,411 $717,479 $731,829 $746,465 $761,394 $776,622 $792,155 $807,998 $824,158 $840,641 $857,454 EXPENSES General & Administrative Expenses 25,500$ 26,265$ 27,053$ 27,865$ 28,700$ 29,562$ 30,448$ 31,362$ 32,303$ 33,272$ 34,270$ 35,298$ 36,357$ 37,448$ 38,571$ Management Fee 32,492$ 33,142$ 33,805$ 34,481$ 35,171$ 35,874$ 36,591$ 37,323$ 38,070$ 38,831$ 39,608$ 40,400$ 41,208$ 42,032$ 42,873$ Payroll, Payroll Tax & Employee Benefits 75,000$ 77,250$ 79,567$ 81,954$ 84,413$ 86,945$ 89,554$ 92,240$ 95,008$ 97,858$ 100,794$ 103,817$ 106,932$ 110,140$ 113,444$ Repairs & Maintenance 39,000$ 40,170$ 41,375$ 42,616$ 43,895$ 45,212$ 46,568$ 47,965$ 49,404$ 50,886$ 52,413$ 53,985$ 55,605$ 57,273$ 58,991$ Electric & Gas Utilities 12,000$ 12,360$ 12,731$ 13,113$ 13,506$ 13,911$ 14,329$ 14,758$ 15,201$ 15,657$ 16,127$ 16,611$ 17,109$ 17,622$ 18,151$ Water, Sewer & Trash Utilities 36,000$ 37,080$ 38,192$ 39,338$ 40,518$ 41,734$ 42,986$ 44,275$ 45,604$ 46,972$ 48,381$ 49,832$ 51,327$ 52,867$ 54,453$ Annual Property Insurance Premiums 28,868$ 29,734$ 30,626$ 31,545$ 32,491$ 33,466$ 34,470$ 35,504$ 36,569$ 37,666$ 38,796$ 39,960$ 41,159$ 42,394$ 43,666$ Property Tax 90,103$ 92,806$ 95,590$ 98,458$ 101,412$ 104,454$ 107,588$ 110,815$ 114,140$ 117,564$ 121,091$ 124,724$ 128,465$ 132,319$ 136,289$ Reserve for Replacements 15,000$ 15,450$ 15,914$ 16,391$ 16,883$ 17,389$ 17,911$ 18,448$ 19,002$ 19,572$ 20,159$ 20,764$ 21,386$ 22,028$ 22,689$ Other Expenses:2,160$ 2,225$ 2,292$ 2,360$ 2,431$ 2,504$ 2,579$ 2,657$ 2,736$ 2,818$ 2,903$ 2,990$ 3,080$ 3,172$ 3,267$ TOTAL ANNUAL EXPENSES $0 356,123$ 366,482$ 377,145$ 388,121$ 399,420$ 411,051$ 423,024$ 435,349$ 448,036$ 461,096$ 474,541$ 488,381$ 502,629$ 517,295$ 532,394$ NET OPERATING INCOME $0 293,720$ 296,358$ 298,951$ 301,497$ 303,991$ 306,428$ 308,805$ 311,116$ 313,358$ 315,526$ 317,614$ 319,617$ 321,529$ 323,346$ 325,060$ DEBT SERVICE 1st Lien:244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 244,766$ 2nd Lien:-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3rd Lien:-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ MIP: Other: NET CASH FLOW $0 48,953$ 51,591$ 54,185$ 56,731$ 59,224$ 61,662$ 64,038$ 66,350$ 68,592$ 70,760$ 72,848$ 74,851$ 76,763$ 78,579$ 80,294$ Debt Coverage Ratio #DIV/0!1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.31 1.32 1.33 Other (Describe)Other (Describe) 15 Year Rental Housing Operating Proforma 1267 HTC Units HOME Units (Rent/Inc) HTF Units MRB Units Other Subsidy # of Units # of Bedrooms # of Baths Unit Size (NRA)Total NRA HOME Rent Limit HTC Rent Limit Tenant Paid Utility Allow. Max Rent Allowed Rent Collected Total Monthly Rent (A)(B)(A) x (B)(E)(A) x (E) TC 30%2 1 1 662 1,324 500$ 84$ 416$ 416$ 832 TC 50%7 1 1 662 4,634 834$ 84$ 750$ 750$ 5,250 TC 60%7 1 1 662 4,634 1,001$ 84$ 917$ 917$ 6,419 MR 2 1 1 662 1,324 1,101$ 2,202 TC 30%3 2 2 865 2,595 600$ 107$ 493$ 493$ 1,479 TC 50%11 2 2 865 9,515 1,001$ 107$ 894$ 894$ 9,834 TC 60%13 2 2 865 11,245 1,201$ 107$ 1,094$ 1,094$ 14,222 MR 3 2 2 865 2,595 1,321$ 3,963 TC 30%1 3 2 1,065 1,065 694$ 131$ 563$ 563$ 563 TC 50%4 3 2 1,065 4,260 1,157$ 131$ 1,026$ 1,026$ 4,104 TC 60%6 3 2 1,065 6,390 1,389$ 131$ 1,258$ 1,258$ 7,548 MR 1 3 2 1,065 1,065 1,528$ 1,528 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 60 50,646 57,944 RENT SCHEDULE TOTAL 1268 TDHCA cbot cbot hudson Debt 30 HOME 2.50%0.00% Construction Loan 4.95%$11,500,000 -$ 35 3,990,972$ Permanent Loan 5.10% SOURCES AND USES Loan/Equity Amount Interest Rate (%) Amort - ization Term (Yrs) Syndication Rate -$ Lien Position Loan/Equity Amount Interest Rate (%) Financing Participants Funding Description Construction Period Lien Position Permanent Period Third Party Equity Soft Loan -$ HTC $1,076,058 1,460,603$ 9,737,354$ 0.905 Fed Hist $0 Grant Matching Funds -$ State Hist $0 -$ In-Kind Contribution Deferred Developer Fee Deferred Fee 827,556$ 671,047$ Other Total Uses of Funds 14,399,373$ Total Sources of Funds 13,788,159$ 14,399,373$ 1269 OVERLANDPG.COM KC OFFICE 5341 W. 151st Terrace Leawood, Kansas 66224 (913) 396-6310 SALINA OFFICE 254 N Santa Fe Ave, Suite A Salina, KS 67401 (785) 371-1663 1270 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING OVERLAND PROPERTY GROUP, LLC’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE RESERVES AT MAGNOLIA APARTMENTS TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN AN AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Overland Property Group, LLC ("Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located at 1020 N. Willowwood, Denton, TX 76205 to be named The Reserves at Magnolia Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit A (the " Fee Reduction Letter"), committing to provide a development fee reduction in an amount of $ 500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 3. The City affirms its commitment to provide Applicant with fee reductions in a total amount of $500.00 in connection with the development of the Project conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. 1271 SECTION 4. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. SECTION 5. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 6. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 1272 Exhibit A City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 April Engstrom, Development Associate Overland Property Group 5341 W. 151st Terrace Leawood, Kansas 66224 RE: Commitment of Development Funding by Local Political Subdivision for Overland Property Group, LLC for the proposed new construction of The Reserves at Magnolia Apartments located at approximately 1020 N. Willowwood, Denton, TX 76205, in Denton, City of Denton, Denton County, Texas Dear Mr. Engstrom, The City affirms commitment to Overland Property Group, LLC (the Applicant) for The Reserves at Magnolia Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1273 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 April Engstrom, Development Associate Overland Property Group 5341 W. 151st Terrace Leawood, Kansas 66224 RE: Commitment of Development Funding by Local Political Subdivision for Overland Property Group, LLC for the proposed new construction of The Reserves at Magnolia Apartments located at approximately 1020 N. Willowwood, Denton, TX 76205, in Denton, City of Denton, Denton County, Texas Dear Mr. Engstrom, The City affirms commitment to Overland Property Group, LLC (the Applicant) for The Reserves at Magnolia Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1274 Reserves at Magnolia9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.1275 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1692COMMUNITY SERVICES1276 FEBRUARY 01, 2022 ‐ ID 22‐1693MAPProject Location Map1020 N. WillowwoodDenton, TX 76205COMMUNITY SERVICES1277 FEBRUARY 01, 2022 ‐ ID 22‐1694MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius Map1020 N. WillowwoodDenton, TX 762051278 FEBRUARY 01, 2022 ‐ ID 22‐1695COMMUNITY SERVICES+/‐ 8.97 ACRESCURRENT ZONING: o(R4) ‐ Residential 4. The use is prohibited in the respective zoning district.TAX STATUS: oThe property will be paying property taxes.PROJECTRESERVES AT MAGNOLIA1279 INCOME RESTRICTIONS:earning between 30% and 60% AMI.PROJECTED UNITS/RENTS:FEBRUARY 01, 2022 ‐ ID 22‐1696COMMUNITY SERVICESPROJECTRESERVES AT MAGNOLIA1280 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1697COMMUNITY SERVICES1281 1282 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-170,Version:1 Consider approval of a resolution of the City of Denton supporting Overland Property Group,LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Reserves at Monarch Apartments to provide affordable rental housing;committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™1283 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting Overland Property Group, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Reserves at Monarch Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 1284 The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - PROJECT Figure 1 – Location map  Project Type: General, New Construction  Applicant: NuRock Acquisition, LLC  Location: 1400 Teasley Lane Denton, Texas 76205 1285 City Council District: 2 Current Zoning: (SC) Suburban Corridor. Specific Use Permit (SUP) required and use-specific standards apply. Taxable Status of the Development: The property will be paying property taxes. Figure 2 – Unit Mix Proposed Total Units: 65 affordable units + 7 market rate units. Proposed Unit Income Breakdown: A mixed-income development, the proposed development currently includes income bands of 30% AMI, 50% AMI, 60% AMI and Market Rate Proposed Unit Sizes: One, two, and three-bedroom units between 662 – 1,065 square feet. Projected Rents: $416-$1,258 per month Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1.Approve a Resolution of Support as presented 2.Do Not Approve the Resolution of Support 3.Postpone to a date certain to allow for further deliberation EXHIBITS 1.Agenda Information Sheet 2.Application for a Resolution of Support3.Draft Resolution of Support4.Draft Fee Reduction Letter5.Presentation6.LLC Members List Respectfully submitted: Dani Shaw Director of Community Services 1286 APPLICATION FOR RESOLUTION OF SUPPORT THE RESERVES AT MONARCH 1400 TEASLEY LANE 1287 TABLE OF CONTENTS 2 Application form Section 2 - Applicant Information a.OPG resume & development roster Section 3 - Project Narrative & Attachments a.Preliminary site plan b.Location map (have amenities for Magnolia) c.Census tract map d.Letter of zoning verification or status of rezoning request from the City e.Support and/or opposition from the community f.TDHCA self score matrix g.Tenant population, restrictions & supportive services h.Unit & site amenities i.Quality of design & construction j.Compatibility with City’s Comprehensive Plan Section 4 - Financial Narrative a.Proforma b.Annual partner audit c.Taxable status of development - Development will pay property taxes d.NA - Project will not be tax exempt 1288 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support  Stating No Objection Is the property: New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2. APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #:Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you  using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%* MR Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 31289 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No   If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items  including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; Letter of support and/or opposition from the school district(s) (if project will be tax exempt); Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 31290 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using  the e‐mail addresses provided, of the meeting dates as soon as they are scheduled.  CERTIFICATION February, 202•: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 202•: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 31291 3 APPLICANT INFORMATION SECTION 2 1292 DEVELOPMENT RESUME JANUARY 2022 2a. 1293 HISTORY ABOUT THE DEVELOPER 5 1294 6 Overland Property Group, (OPG), has developed over $750 million in multi-family and senior living communities since 2002. As of December 2021, the company has 10 projects in various stages of closing, construction or lease-up. OPG has not only become one of the fastest growing owner/developers in a six state region, but has also established a reputation as one of the most dynamic and innovative developers of independent senior living communities in the country. Through extensive experience, OPG has built and a maintained strong relationships with lenders, contractors, architects, engineers, and a number of other vendors that have allowed OPG to streamline the overall development process allowing for significant economies of scale. As a result, OPG has been able to market a highly sustainable model with an estimated site acquisition to construction completion period. 1295 7 2004 2006 2008 2010 2012 2014 2016 2018 2020 0 30,000,000 60,000,000 90,000,000 120,000,000 ANNUAL PRODUCTION ($) LENDERS & INVESTORS ABOUT THE DEVELOPER 1296 THE TEAM ABOUT THE DEVELOPER 8 1297 9 ‣Pat is one of the Managing Partners of Overland Property Group, LLC. He has been involved in each sector of the business and currently oversees the day-to-day operations of OPG and heads the debt and equity partnerships for in-construction development and operating apartments. Since joining the organization, Pat has worked diligently to create new partnerships for OPG including debt and equity providers, corporate banking relationships as well as accounting and legal. These relationships have been one of the cornerstones of OPG’s success and stability. Pat has been instrumental in helping plan and execute OPG’s growth both internally and externally. From his active local support of charitable organizations and raising millions for not-for-profit development efforts in OPG’s hometown of Salina, KS to his current business ownership, his entrepreneurial spirit has always driven him to push the company vision and forge successful expansion and direction through strong relationships. Salina, KS Office PAT BEATTY MANAGING PARTNER ‣Matt is one of the Managing Partners of Overland Property Group, LLC. He has expertise in architecture, construction, planning, management, investment and public relations which allows him to spearhead all aspects of real estate development and the company. In a relatively short time Matt has accomplished a great deal, from winning multiple national and regional development awards to being the Keynote Speaker at countless national events. His innovative ideas, energy and vision are clear keys to the success of Overland Property Group. ‣In addition to his work running OPG and as a developer, Matt is very active serving on numerous boards related to development and affordable housing. Matt’s ability to quickly form mutually beneficial relationships, his problem solving skills as wells as. His vision for new apartment communities make him a crucial part of OPG’s success. Joined OPG in 2009. Leawood, KS Office MATT GILLAM MANAGING PARTNER 1298 10 ‣Throughout her career at OPG, she has worked in development & operations, facilitating everything between land acquisition and debt & equity closings. Her current role uses her diverse skill set to expand the development pipeline. April joined OPG in 2018. Leawood, KS Office APRIL ENGSTROM DEVELOPMENT ASSOCIATE - KANSAS CITY OFFICE ‣Lauren comes to OPG with extensive experience having worked at two of the largest affordable housing developers in the country (Michaels and Fairstead) over the last nine years. Her work spans from 4% to 9% deals from dirt to stabilization specializing in aq. rehab. New York, NY Office LAUREN JENSEN DIRECTOR OF DEVELOPMENT ‣Ryan is responsible for sourcing and overseeing the development of everything from affordable to luxury, multi-family to senior. Ryan joined OPG with nearly 15 years of residential development experience completing over $250 million in affordable developments alone across the United States. Most recently Ryan was the Senior Vice President of The Michaels Organization where he was responsible for the Western United States. Denver, CO Office RYAN ZENT VICE PRESIDENT OF DEVELOPMENT 1299 11 ‣As Development Closing Specialist, Amanda serves as lead contact for communication with attorneys, lenders, title companies, surveyor’s and investors to ensure successful closings. She spearheads company due diligence responses and coordinates closings. Prior to joining OPG, Amanda was a Paralegal for The Illig Family Enterprise Company and in the Real Estate Development practice group of Polsinelli PC in Kansas City. Leawood, KS Office AMANDA KLAUS DEVELOPMENT CLOSING SPECIALIST ‣Tish collaborates with construction teams and developers throughout multiple projects from pre development through completion. Her strong accounting background provides awareness in achieving accurate project completion deadlines, reporting and company budget goals. Tish previously worked as Operations Director for Property Management Firm for nearly 20 years.  She offers an extensive background in all facets of the multi-family industry including LIHTC, Historic Tax Credit, HUD 221 (d-4) and soft market rehabilitation. Leawood, KS Office TISH JANECZKO CONSTRUCTION OPERATIONS MANAGER ‣Dan is the Director of Construction at OPG. He brings over 20 years of construction experience and knowledge in multi-family and senior living of all sizes and finish levels across the United States to OPG. This allows him to direct all facets of construction at OPG and helps give OPG a strategic advantage, building on their already impeccable reputation of quality, timing and results. Dan has directly overseen or directly constructed more than $350 million (over 65 projects) in apartments and senior living in the last 20 plus years. Dan joined OPG in 2018. Leawood, KS Office DAN MAXIMUK DIRECTOR OF CONSTRUCTION 1300 12 ‣Erik is the Vice President of Asset Management at OPG. He brings over 22 years of management experience and leadership to OPG. His relationship driven personality and knowledge is a valuable asset to Overland Property Group . Joined OPG September 2021. Denver, CO Office ERIK SABOTKA VICE PRESIDENT OF ASSET MANAGEMENT ‣Matt is the Director of Asset Management at OPG. With over 12 years of expertise analyzing portfolio financials and operating metrics along with compliance for one of the largest affordable housing developers and owners in the county. Matt is focused on the financial performance of the portfolio while making sure the communities are maintained and operated to the high standards of OPG for the residents. Joined OPG May of 2020. Denver, CO Office MATT WIERICHS DIRECTOR OF DEVELOPMENT ‣Kelsey Whitney - Chief of Staff/ HR ‣Julie Cammack - Controller ‣Caroline May - Asset Coordinator ‣Jake Wren - Asset Analyst OTHER KEY TEAM MEMBERS ‣Eric Wyancko - Development Associate ‣Emily Puckett - Corporate Coordinator ‣Megan Wetter - Executive Assistant 1301 AWARDS & ACCOLADES ABOUT THE DEVELOPER 13 1302 AWARD WINNING DEVELOPMENT FIRM OPG has collected numerous awards over the years for their development work. The latest of which is the Charles Edson award for historic preservation. Other awards include: - Colorado Governor’s Award for Historic Preservation - 3 Ad Astra Awards for innovation in affordable development - AHF Affordable Housing Excellence Award - Colorado Eagle Award for New Construction Development 14 NATIONALLY RECOGNIZED DEVELOPMENTS 1303 AWARDS 15 2021 Kansas Preservation Alliance Award Winner, Lee Lofts Charles L. Edson Tax Credit Excellence Award Winner - Historic Preservation, Landmark at Lamar 2020 Best Historic Rehab Finalist Texas Downtown Association, Landmark at Lamar 2018 Colorado Housing Eagle Award - People’s Choice, The Reserves at Steamboat Springs Ad Astra Award - New Housing Development, The Reserves at Trail Ridge 2016 Top 50 Affordable Housing Developers - Affordable Housing Finance Historic Preservation Governor’s Award, Tabor Grand Hotel Apartments Affordable Housing Finance - Reader’s Choice Finalist, Tabor Grand Hotel Apartments 2014 Ad Astra Award - Innovation in Housing & Community Development, The Reserves at Cimarron Valley 2010 Ad Astra Award - Special Achievement in Affordable Housing Development - Rural 2009 Ad Astra Award - Special Achievement in Affordable Housing Development - Urban 2008 Ad Astra Award - Special Achievement in Affordable Housing Development - Urban 1304 16 PORTFOLIO 70 DEVELOPMENTS AND OVER 3,750 UNITS 6 STATES AND OVER 45 DIFFERENT COMMUNITIES MULTI-FAMILY / SENIOR / HISTORIC / LUXURY /AFFORDABLE 1305 RECENTLY COMPLETED DEVELOPMENTS PORTFOLIO 17 1306 LEE MERCANTILE LOFTS SALINA, KS 18 Vacant for over 40 years OPG did a top to bottom historical renovation turning the vacant buildings, which was the original birthplace of Lee Jeans into 53 affordable and market rate loft-style apartments with first floor commercial space 1307 RESIDENCE AT OVERLOOK RIDGE CANYON LAKE, TX 19 The Residence at Overlook Ridge, comprised of 35 units, was one of the first independent senior living communities developed in the Hill Country resort town of Canyon Lake. Its sister property, The Residence at Canyon Lake, is the only other affordable housing development in town. 1308 ALPENGLOW VILLAGE STEAMBOAT SPRINGS, CO 20 Developing in Colorado resort communities is a challenge but developing affordable housing is almost impossible. This 72 unit affordable development leased up in 3 hours and has over 400 people on a waiting list, it’s also constantly confused with being luxury condos. 1309 THE RESERVES AT PRESTON TRAILS WOLFFORTH, TX 21112 multi-family units of affordable and market rate apartments 1310 TABOR GRAND HOTEL APARTMENTS LEADVILLE, CO 22 The Tabor Grand Hotel Apartments has one of the most storied histories of any building in the United States. From being the old hangout of Doc Holiday to the unsinkable Molly Brown this building had the Silver Dollar unveiled on the roof by the President of the United States and ever since the exhaustive renovation the proud pillar of downtown Leadville. 1311 FAIRWAYS OF IRONHORSE LEAWOOD, KS 23 The Fairways of Ironhorse demonstrates just how innovative and high quality our team can achieve. Reinventing senior living with this boutique concept that incorporates only the finest materials and finishes down to the custom furniture and all original art in the community. 1312 RESERVES AT STEAMBOAT SPRINGS STEAMBOAT SPRINGS, CO 24 This development brought the first ever affordable housing using the LIHTC program to Steamboat Springs and broke a 30 year drought in affordable development in the community. This was the building block for the communities rally to expand and continue this type of development, demonstrating the overwhelming high quality housing achieved. 1313 OVERLAND PROPERTY GROUP DEVELOPMENTS Under Construction Lease-Up Awarded / Pre-Development PROPERTY TYPE ADDRESS CITY ST COMPL ETED LIHTC UNITS TOTAL UNITS Alpenglow Village Family Hwy 40 at Pine Grove Road Steamboat Springs CO 2020 48 72 Anglers Four Hundred Family 400 Anglers Dr. Steamboat Springs CO 2022 75 75 Bee Creek Apartments Family 200 Buzz St.Branson MO 2011 0 224 Bella Rose Senior 1203 W. 14th St Coffeyville KS 2007 20 20 Clifton Riverside Family 2406 E. Belknap Fort Worth TX 2022 80 94 The Reserves at Cimmaron Valley Family 2804 N. 6th St.Dodge City KS 2012 32 32 The Reserves at Cimmaron Valley II Family 2804 N. 6th St.Dodge City KS 2014 48 48 Flor De Sol I Family 555 East Pine Liberal KS 2009 32 32 Flor De Sol II Family 555 East Pine Liberal KS 2011 32 32 Flor De Sol III Family 555 East Pine Liberal KS 2012 16 16 The Villages at Liberal Family 555 East Pine Liberal KS 2013 24 24 Green Valley Ranch - Affordable Family 17800 E Green Valley Ranch Blvd.Denver CO 2022 144 144 Green Valley Ranch - Market Family 17800 E Green Valley Ranch Blvd.Denver CO 2022 0 72 Heritage at Abilene Senior 1011 S. 9th St. Abilene TX 2023 29 29 Heritage at Hawthorne I Family 715 N. 9th St Salina KS 2012 32 32 Heritage at Hawthorne II Family 715 N. 9th St Salina KS 2017 16 16 Highland Ridge I Family 509 Stone Dr.Manhattan KS 2008 96 96 Highland Ridge II Family 509 Stone Dr.Manhattan KS 2008 0 144 Laurel Flats Family 1208 E. Houston St.Tyler TX 2021 85 89 Lee Lofts Family 254 N Santa Fe Salina KS 2020 33 53 The Residence at Overlook Ridge Senior 79678 FM 306 Canyon Lake TX 2021 30 30 Prairie Glen I Family 2515 S. Ohio St Salina KS 2006 48 48 Prairie Glen II Family 2515 S. Ohio St Salina KS 2007 48 48 Residence 600 Senior 600 E. Elm St.Salina KS 2013 0 24 The Villas at Ridge Pointe I Senior 6625 State Ave.Kansas City KS 2007 40 40 The Villas at Ridge Pointe II Senior 6625 State Ave.Kansas City KS 2015 15 15 Riverview Villas Family 2017 S. Washington St.Marquette KS 2006 12 12 The Reserves at Stonepost I Family 109 E. 4th St.Hays KS 2008 32 32 The Reserves at Stonepost II Family 109 E. 4th St.Hays KS 2010 16 16 The Reserves at Stonepost III Family 109 E. 4th St.Hays KS 2012 15 15 1314 Stonepost Lofts Family 305 Main St.Hays KS 2022 18 18 Tabor Grande Hotel - Historic Family 711 Harrison Ave Leadville CO 2016 37 37 The Fairways at Ironhorse Senior 5241 W 151st Leawood KS 2018 0 72 The Gardens at Creekside Senior 16110 W. 133rd. St.Olathe KS 2009 87 144 The Gardens at Jackson Creek Senior 19401 E. 40th St.Independence MO 2014 0 113 The Reserves at Autumn Sage Senior 5801 Autumn Sage Ln Abilene TX 2018 28 35 The Reserves at Briarwood Family 900 W. Monroe St.Washington IA 2016 30 32 The Reserves at Brookside Family 600 E. Wilson St Borger TX 2016 46 48 The Reserves at Hawkeye Family S. Linn St. & Hawkeye Dr.Boone IA 2023 48 48 The Reserves at High Plains Family 702 Oak St.Dumas TX 2014 60 64 The Reserves at Holdsworth Family 253 N. Holdsworth Dr. Kerrville TX 2023 36 36 The Reserves at Ironwood Family 1302 High Ave. West Oskaloosa IA 2016 46 48 The Reserves at Maplewood Family 3200 Maplewood DR.Wichita Falls TX 2016 36 36 The Reserves at Maplewood II Family 3200 Maplewood DR.Wichita Falls TX 2020 36 36 The Reserves at Mill Farm Family 1123 W. 16th St.Pella IA 2015 31 32 The Reserves at Mill Farm II Family 1123 W. 16th St.Pella IA 2020 43 48 The Reserves at Perryton Family 2401 S Jefferson St. Perryton Perryton TX 2017 48 48 The Reserves at Prairie Ridge Family 3301 Campus Dr.Garden City KS 2013 32 32 The Reserves at Prairie Ridge II Family 3301 Campus Dr.Garden City KS 2015 32 32 The Reserves at Prairie Ridge III Family 3301 Campus Dr.Garden City KS 2017 32 32 The Reserves at Preston Trails Family 7300 Alcove Ave.,Wolfforth TX 2017 96 112 The Reserves at South Lake Family 500 Industrial Ave. Grinnell IA 2023 48 48 The Residence at Ridgehill Senior 160 & 170 Lehmann Dr.Kerrville TX 2023 40 43 The Reserves at Saddleback Ranch Family Flint Ave Wolfforth TX 2021 48 48 The Reserves at Saddlebrook Family 907 S. Red River Expressway Burkburnett TX 2014 60 64 The Reserves at South Plains Family 2011 98th St.Lubbock TX 2016 83 108 The Reserves at Steamboat Springs Family 2100 Elk River Rd Steamboat Springs CO 2017 48 48 The Reserves at Storm Lake Family 1300 N Seneca St.Storm Lake IA 2014 31 32 The Reserves at Summit West Family 4620 Barnett Rd.Wichita Falls TX 2017 36 36 The Reserves at Trail Ridge Family 811 Grant St.Great Bend KS 2016 48 48 The Reserves at Trail Ridge II Family 811 Grant St.Great Bend KS 2018 48 48 The Residence at Alsbury Senior 746 Ridgehill Drive Burleson TX 2021 80 83 The Residence at Arbor Grove Senior 1118 Gibbins Road Arlington TX 2019 107 126 The Residence at Canyon Lake Senior 1500 Island View Canyon Lake TX 2020 35 35 The Residence at Lamar Senior 1100 Lamar Street Wichfita Falls TX 2019 28 30 The Residence at Wolfforth Senior 111 TX Loop, 193 Wolfforth TX 2019 41 49 The Residence at Yukon Hills Senior 105 E. Bass Avenue Yukon OK 2017 60 60 1315 OVERLANDPG.COM KANSAS CITY OFFICE 5341 W. 151st Terrace Leawood, Kansas 66224 (913) 396-6310 SALINA KANSAS OFFICE 254 N Santa Fe Ave, Suite A Salina, KS 67401 (785) 371-1663 DENVER COLORADO OFFICE Coming soon 1316 28 PROJECT NARRATIVE & ATTACHMENTS SECTION 3 1317 29 Overland Property Group is excited to present our proposal for a mixed-income, multi-family community to be located at 1400 Teasley Ln. This proposed development will consist of 72 apartment units, with income restrictions ranging from 30% - 60% of the Area Median Gross Income, with annual gross income limits ranging from $26,070 - $52,147. In addition, we are projecting that this development will include 7 market rate units. Please see Section 3g. for The Reserves at Monarch’s detailed unit mix. After reviewing the City of Denton’s 2030 Plan, the Denton Future Land Use Map, the City of Denton’s Consolidated Plan, Action Plan, and Fair Housing Plan and Analysis of Impediments to Housing Choice report, we believe that this development is in close alignment with the needs of Denton’s community members and the City of Denton as a whole. Please see Section 3j. for a further analysis. Having developed over 70 properties throughout the midwest, Texas, and Colorado, Overland Property Group brings nearly two decades of experience, knowledge, and expertise to the table, which is made evident by the quality of our communities. The Reserves at Monarch will include spacious common areas, units outfitted with Energy Star rated appliances, a clubhouse, ample green space, LED lighting, walk-in closets, and luxury LVT flooring. Please see Section 3h. for further detail on both unit & site amenities. Overland Property Group’s strong level of experience in affordable housing aids us in addressing the affordable housing shortage crisis, now more prevalent throughout the US and Texas than ever before. This application’s accompanying documentation addresses the items as presented in the City of Denton’s Housing Tax Credit Application. Please see the Table of Contents, and bookmarked pdf tabs for further information. THE RESERVES AT MONARCH 1400 Teasley Lane. ABOUT THIS COMMUNITY PRE-APPLICATION TO TDHCA JANUARY 7, 2022 FULL APPLICATION TO TDHCA MARCH 1, 2022 AWARD NOTIFICATION JULY 28, 2022 CLOSING & CONSTRUCTION START JANUARY 2023 CONSTRUCTION COMPLETION JANUARY 2024 FULLY OCCUPIED JUNE 2024 TIMELINE IF AWARDED CREDITS 1318 30 Preliminary Site Plan 3a. Please note that plans to date are in a conceptual stage. Overland Property Group is working with the City of Denton’s Planning Department to schedule a pre-development meeting to discuss site plans that will best suit the City’s priorities and requirements. 72 units, 4-stry303036681315JONES GILLAM RENZ12 / 17 / 2021 4GUGTXGUCV/QPCTEJ&GPVQP6:PROJECT DESCRIPTIONCLFTN, BLDG STYLECONCEPT SITE LAYOUTNORTH#SCALE: 1"=30'-0"4 - STORYDETENTION ?, EASEMENTS ?Restrictions ??1319 31 Location Map 3b. 1400 TEASLEY LN. 1320 32 Location Map (cont.) 1400 TEASLEY LN. 1321 33 Census Tract Map 3c. Census Tract Map TKe 5eserves at MonarcK Source: https://www.huduser.gov/portal/sadda/sadda_qct.html FULL CENSUS TRACT NUMBER 4812021301 1322 34 Zoning 3d. Department of Development Services / Planning Division 401 N. Elm Street, Denton, TX 76201 y (940) 349-8541 OUR CORE VALUES Integrity y Fiscal Responsibility y Transparency y Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 01/05/2022 April Engstrom 254 N. Santa Fe Ave., Suite A Salem, KS 67401 SUBJECT: ZV22-0004, 1400 Teasley Ln. April Engstrom: This letter is to confirm that the zoning classification for the above subject property, commonly known as 1400 Teasley Ln., Denton, Texas is (SC) Suburban Corridor. The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: LEGAL DESCRIPTION: WOODHILL LOT 2 ZONING DISTRICT: (SC) Suburban Corridor ZONING ORDINANCE: DCA18-0009, May 10, 2019 PROPERTY TAX ID: 94373 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Andres Zamudio Andres Zamudio Project Manager Attachments: Location Map City Ordinance 1323 1400 Teasley Ln. Override 1 Current Zoning RR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development MPC OVERLAY ITN_Aerial Red: Band_1 Green: Band_2 Blue: Band_3 January 5, 2022 0 0.06 0.120.03 mi 0 0.1 0.190.05 km 1:2,400 1324 1400 Teasley Ln. Override 1 ITN_Aerial Red: Band_1 Green: Band_2 Blue: Band_3 January 5, 2022 0 0.06 0.120.03 mi 0 0.1 0.190.05 km 1:2,400 1325 Subchapter 3: Zoning Districts 3.4 Corridor Districts 3.4.1 SC - Suburban Corridor Denton, Texas – Denton Development Code 140 Print Date: February 5, 2020 Corridor Districts SC - Suburban Corridor Purpose The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Figure 3.4-A: SC District Dimensional Standards 1326 Subchapter 3: Zoning Districts 3.4 Corridor Districts 3.4.1 SC - Suburban Corridor Denton, Texas – Denton Development Code 141 Print Date: February 5, 2020 SC District Dimensional Standards Table 3.4-A: SC District Dimensional Standards Dimensional Standards Additional Standards LOT DIMENSIONS (MINIMUM) A Lot area 10,000 sq ft 3.7.2A Minimum Lot Dimensions B Lot width None C Lot depth None SETBACKS (MINIMUM) D Front yard 20 feet 3.7.3: Setbacks E Side yard 5 feet [1] F Rear yard 10 feet [1] OTHER STANDARDS G Building height (maximum) 55 feet [1] 3.7.5: Building Height Building coverage (maximum) 80 percent 3.7.6: Building Coverage Notes: [1] Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 1327 Denton, Texas – Denton Development Code 215 Print Date: February 5, 2020 Subchapter 5: Use Regulations Purpose and Organization Purpose This subchapter identifies the land uses allowed in the Denton zoning districts and establishes the standards that apply to certain uses (use-specific standards). Organization This subchapter is organized as follows: Section 5.2: Table of Allowed Uses, lists the uses allowed by zoning district and provides cross- references to applicable use-specific standards. Section 5.3: Use-Specific Standards, establishes the unique standards applicable to certain land uses. Section 5.4: Accessory Uses and Structures, establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure. Section 5.5: Temporary Uses and Structures, establishes standards applicable to non-permanent (temporary) structures and uses. Section 5.6: Wireless Telecommunications Facilities, establishes standards applicable to wireless telecommunications facilities. Table of Allowed Uses Table 5.2-A: Table of Allowed Uses, lists the uses allowed in the base zoning districts. All uses are defined in Subchapter 9: Definitions. Development or use of a property for any other use not specifically allowed in Table 5.2-A: Table of Allowed Uses, or otherwise approved under the appropriate procedure is prohibited. Explanation of Table Abbreviations Permitted By-Right Uses A “P” in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this DDC. Specific Use Permit Required An “S” in a cell indicates that the use is only permitted in the respective zoning district if approved as a specific use in accordance with the procedures in Subsection 2.5.2: Specific Use Permit (SUP). Prohibited Uses A blank cell indicates that the use is prohibited in the respective zoning district. Use-Specific Standards Regardless of whether or not a use is allowed by right or with approval of a specific use permit, additional standards may be applicable to that use. Use-specific standards are identified and cross-referenced in the last column of Table 5.2-A: Table of Allowed Uses. Uses marked with a “+” following the “P” or “S” in a zoning district indicates that use-specific standards apply to that use 1328 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.2 Organization of Table Denton, Texas – Denton Development Code 216 Print Date: November 20, 2020 type in that zoning district. For example, “P” indicates that a use is permitted by-right, but that additional standards apply in that zoning district. Organization of Table In Table 5.2-A: Table of Allowed Uses, land uses are classified into general use categories and specific uses based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. Table of Allowed Uses Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF 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 5.3.3B 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 Dwelling S 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 S S P Community Home P P P P P P P P P P 5.3.3I Dormitory S S P Elderly Housing S S P P P P 5.3.3H Group Home S S S S S S S S 5.3.3I Public, Institutional, Religious, and Civic Uses COMMUNITY AND CULTURAL FACILITIES Airport, City-Owned P Cemetery, City-Owned P Club or Lodge P S S S S S 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 1329 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 217 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Day Care, Adult or Child P S S S S S P P P P P P P P 5.3.4B Funeral and Internment Facility S S 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 P P Religious Assembly P P P P P P P P P P P P P P P P 5.3.4D EDUCATIONAL FACILITIES Business or Trade School P P P P P P P P 5.3.4E College or University P P P School, Private P S S S S S S P P P P P P P School, Public P P P 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 Clinic S S P P P P P 5.3.4G Medical Office P 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 5.3.5B Community Garden P P P P P P P P P P P P P S S S Kennel P S S P P S P P 5.3.5C Urban Farm P S S S S S S P P P P P P P P Veterinary Clinic P S S P P P P P P P 5.3.5D 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 S S 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 5.3.5F Mobile Food Court S S S S S S S S 5.3.5G Private Club P P P P P P P 5.3.5H Restaurant P P P P P P P 5.3.5I Restaurant, with Drive- Through S S P P P P P 5.3.5J 1330 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 218 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF OFFICE, BUSINESS, AND PROFESSIONAL SERVICES Administrative, Professional, and Government Office S S S P P P P P P P P P P 5.3.5K 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 S P P P P P P P PERSONAL SERVICES Laundry Facility, Industrial S S P P Laundry Facility, Self-Service S P P P P P P P P 5.3.5O Personal Service, General P P P P P P P Tattoo and Body Piercing Parlor P P P P P 5.3.5P RETAIL SALES Building Materials and Supply Store S P P P General Retail Unless Otherwise Specified, Less than 5,000 Square 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 S 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 5.3.5S 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 1331 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 219 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard S P 5.3.5X Equipment Sales and Rental S S 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 5.3.5Z Industrial Uses 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 5.3.6B Food Processing, More than 2,500 Square Feet S S 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 5.3.6D Manufacturing, Low-Impact S P P P P P P 5.3.6E Manufacturing, Medium- Impact S S P Manufacturing, High-Impact S Commercial Incinerator, Transfer Station S STORAGE AND WAREHOUSING Outdoor Storage S S S 5.3.6F 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 S S S P 5.3.7B Wind Energy Conversion System (WECS) S S 5.3.7C 1332 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 220 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF 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 5.4.4B Home Occupation P P P P P P P P P P P 5.4.4C Outdoor Storage, Accessory P P P P P 5.4.4D 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 5.4.4F Wind Energy Conversion System (WECS), Small (Ground-Mounted) P S S S S S S S S S S S S P P P 5.4.4G Wind Energy Conversion System (WECS), Small (Building-Mounted) P S S S S S S S S S S S S P P P 0 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 5.5.6B 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 P P P P P P P P P P P P 5.5.4 1333 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.2.4 Classification of New and Unlisted Uses Denton, Texas – Denton Development Code 221 Print Date: November 20, 2020 Classification of New and Unlisted Uses The following procedure shall apply if an application is submitted for a use category or use type that is not specifically listed in Table 5.2-A: Table of Allowed Uses. Submission and approval of such an application shall be required prior to approval of any other permit or development approval associated with the use. Director Determination of Appropriate Use Category and Use Type The Director shall determine the appropriate use category and use type for the proposed use. In such determination, the Director shall consider the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, storage, operations, employment characteristics, nuisances, requirements for public utilities, and transportation requirements. Establish Use-Specific Standards if Necessary During the initial determination, the Director shall also determine whether or not additional use- specific standards are necessary to reduce potential impacts to the surrounding properties or the community. Post-Determination Actions Appeals of administrative decisions shall be made pursuant to the procedures under Subsection 2.8.3: Appeal of Administrative Decision. If the determination of an appropriate use category and use type results in a finding that the use, structure, or activity will be a common use or would create confusion by remaining unlisted, the Director may initiate an application for a DDC text amendment pursuant to Subsection 2.7.4: Zoning Text Amendment, to revise Table 5.2-A: Table of Allowed Uses, accordingly. Until final action is taken on the DDC text amendment application, the use determination by the Director shall be binding. Use-Specific Standards Generally Applicability Use-specific standards in this section shall apply to all zoning districts unless otherwise stated. Cross-References in Table of Allowed Uses All uses with use-specific standards as indicated in the right-hand column of Table 5.2-A: Table of Allowed Uses, shall comply with the applicable standards in this section. All development shall also comply with the applicable standards in Subchapter 6: Development Standards, and other relevant provisions of this DDC. Resolution of Conflicting Standards In case of a conflict between these use-specific standards and the standards in Subchapter 6: Development Standards, or other relevant provisions in this DDC, these use-specific standards shall govern, unless otherwise stated. Maximum Persons Occupying a Dwelling No single dwelling unit shall have more than four unrelated persons residing therein, nor shall any "family" have, additionally, more than four unrelated persons residing with such family. Hotels, 1334 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.2 Performance Standards for All Uses Denton, Texas – Denton Development Code 222 Print Date: November 20, 2020 motels, bed and breakfast establishments, boarding houses, chapter house, and dormitories are exempt from this requirement. Additionally, any organization or institutional group that receives federal or state funding for the care of individuals is exempt from this requirement. Performance Standards for All Uses Applicability General Unless exempted elsewhere in this DDC, the performance standards in this Subsection 5.3.2, shall apply to all uses in all zoning districts. Gas Wells The standards in this Subsection 5.3.2 shall not apply to gas wells and/or gas well drilling and production as authorized in Subchapter 6: Gas Wells. Smoke and Particulate Matter All operations and uses shall comply with federal, state, and county emissions standards. Odorous Matter No use shall be located or operated which involves the emission of odorous matter in violation of Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-21: Odors. Hazardous or Explosive Hazard Material A specific use permit shall be required for any use involving the storage, handling, or use of hazardous materials when the quantity is in excess of the exempt amount or maximum allowable per control area, as specified in the Building or Fire Code. Notwithstanding the above regulations regarding hazardous materials storage, any substance designated as highly hazardous and requiring a state or federal permit shall only be permitted in the HI zoning district, and shall require specific use permit approval. Toxic and Noxious Matter No operation or use shall emit a concentration across any property line that will exceed 10 percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Building Official. 1335 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 223 Print Date: November 20, 2020 Vibration No operation or use shall at any time create earth-borne vibration beyond any property line if the source operation exceeds the limits of displacement set forth in the following table: Table 5.3-C: Vibration Displacement Thresholds Frequent Cycles per Second Displacement in Inches LI and HI Zoning Districts All Other Zoning Districts 0 to 10 0.002 0.001 10 to 20 0.0016 0.0008 20 to 30 0.001 0.0005 30 to 40 0.0006 0.0004 Noise No operation shall emit noise beyond the thresholds established in Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-20: Noise. Glare No use or operation shall be located or conducted in such a manner that produces intense glare or direct illumination across any property line, nor shall any light be of an intensity that creates a nuisance or detracts from the use and enjoyment of adjacent property. Evidence of Compliance The Director shall require such evidence of ability to comply with appropriate performance standards and mitigation measures as deemed necessary prior to issuance of a building permit and certificate of occupancy. Residential Uses Single-Family Detached Dwelling Single-family detached structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. A specific use permit is required prior to the placement of a manufactured home HUD- code on any lot. Townhome Each individual dwelling unit shall have a separate entrance facing the street frontage to which the building address is assigned. Buildings on corner lots may have entrances facing either street frontage. Each dwelling shall have direct access to a street or alley. Townhome structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. Each individual dwelling unit shall have a minimum of 900 square feet of living space floor area. 1336 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 224 Print Date: November 20, 2020 Duplex, Triplex, and Fourplex Each individual dwelling unit shall have a separate exterior entrance and separate utility meters. Duplex, triplex, and fourplex structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. Each individual duplex dwelling unit shall have a minimum of 900 square feet of living space floor area. Each individual triplex or fourplex dwelling unit shall have a minimum of 600 square feet of living space floor area. Multifamily Dwelling In the MN, MD, and MR zoning districts, the ground floor fronting a public street shall have a minimum wall height of 12 feet. Multifamily buildings shall comply with the design standards established in Section 7.10.4: Multifamily Site and Building Design. Each individual dwelling unit shall have a minimum of 400 square feet of living space floor area. Tiny Home Development Tiny home developments shall be developed as part of a Planned Development and meet the following standards: Design and Layout The minimum project size for tiny home development is 10,000 square feet. Tiny home developments shall have a minimum of four dwelling units. Each individual dwelling unit shall have a minimum of 300 square feet of living space floor area and a maximum of 500 square feet of living space floor area. Parking shall be located at the side or rear of each principal structure or in a separate designated shared parking area. A shared open space containing a minimum of 10 percent of the project area shall be provided. Each tiny home dwelling unit shall be separated by a minimum of ten feet. Operation and Ownership Each tiny home dwelling unit shall be on a permanent foundation and shall be connected to public water and sanitary sewer. One accessory storage structure less than 100 square feet may be permitted for any unit that is part of a tiny home development approval. One accessory storage structure less than 600 square feet may be permitted as a shared maintenance storage facility for the tiny home development. Said structure shall be enclosed on all sides and separated from other structures by a minimum of five feet. Access drives within a tiny home dwelling development shall be constructed to city standards. 1337 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 225 Print Date: November 20, 2020 Tiny home projects shall be organized as condominium developments meeting all requirements of Texas state law. Individual lots or portions of the site may not be subdivided for sale, except as allowed as part of a condominium development under Texas state law. Applicants proposing tiny home dwellings shall enter into a development agreement with the city requiring the condominium or other property owner’s association to maintain all streets, utilities, and infrastructure that is not dedicated to and accepted by the city. Work/Live Dwelling Size and Location The residential component of a work/live dwelling shall not exceed 50 percent of the total gross floor area. The residential component shall be located above or behind nonresidential portions of the structure. The residential dwelling unit shall have a minimum of 400 square feet of living space floor area. Ownership The nonresidential use shall be owned and operated by a resident of the work/live dwelling. Individuals that do not reside at the work/live dwelling may be employed by the owner. Manufactured Home Development (HUD Code) Dimensional and Design Standards The minimum lot area required for a manufactured home development (HUD Code) shall be 10 acres. Each stand shall provide a minimum area of 5,000 square feet; however, no such stand shall be less than 40 feet in width nor less than 100 feet in depth. The minimum front yard setback shall be 15 feet from the nearest corner of the manufactured home to the front line of the stand. No manufactured home shall be closer than 15 feet to any adjoining public right-of- way. For other structures, the minimum front yard setback shall be at least 15 feet. The minimum distance between manufactured homes shall be 20 feet on the side and 16 feet on the front and rear. The area beneath the manufactured home structure shall be concrete to provide adequate support for the placement of the structure. Manufactured home development (HUD code) shall comply with the perimeter fencing standards established in Subsection 7.7.8: Walls, Fences, and Screening. Minimum Dwelling Size Each individual dwelling shall have a minimum of 400 square feet of living space floor area. Parking Parking shall be located at the side or rear of the principal structure. 1338 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 226 Print Date: November 20, 2020 Required off-street parking shall be concrete, and all other parking areas shall be constructed of all-weather materials and located to eliminate interference with access to parking areas provided for other structures and for public parking within the development. A minimum parking area of 160 square feet per manufactured home space shall be provided for the storage of boats or vehicles in excess of two per manufactured home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the development. Recreation Area All manufactured home developments shall have at least one recreation area, located in an area that is free of traffic hazards, easily accessible to all residents of the development, and centrally located (where topography permits). Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided that will meet the anticipated needs of the clientele the development is designed to serve. Not less than eight percent of the gross development area shall be devoted to recreational facilities, generally in a central location. In large developments, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but not including vehicle parking, commercial, maintenance and utilities areas. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares, and parking areas. Accessory Uses Manufactured home developments may include accessory service buildings associated with the development including: utilities; management office; repair shop; equipment storage; sanitary facilities; laundry facilities; and recreation facilities. Access and Traffic Circulation Internal streets in manufactured home developments shall be privately owned, built, and maintained, and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of residents of the development. An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of 30 feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the development, public streets, or in the alternative, shall be provided with a cul-de-sac having a minimum radius of 40 feet. All other streets shall have a minimum radius at intersections of 30 feet. No internal street ending in a cul-de-sac shall exceed 1,000 feet in length. All streets shall be constructed of at least two inches of asphalt, six inches of lime subgrade and with standard or surmountable curbs. Alternative materials for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section or those established in a city criteria manual. 1339 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 227 Print Date: November 20, 2020 Internal streets shall be maintained free of excessive cracks, potholes, and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction with other city inspections of the manufactured home development. The inspections shall be made by the City Engineer and shall cover the hazards listed in this subsection. All streets within the development shall be numbered or named in an approved manner. Interior streets shall intersect adjoining public streets at 90 degrees and at locations that will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect to horizontal and vertical alignment, access points to city streets, parking locations, and internal access for emergency vehicles. Utilities and Services All utility lines shall be installed underground in manufactured home developments. Water and sewer connections shall be made to the public supply of water in accordance with city standards. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements. Individual water meters shall be provided for each manufactured home dwelling. All manufactured home developments shall comply with the city's residential solid waste regulations. Elderly Housing In the R6, R7, and MN zoning districts, elderly housing shall be limited to a maximum of 55,000 square feet per lot. Assisted living facilities may be subject to additional standards in Subsection 5.3.3I. Group Home and Community Home Purpose The city supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The city desires to make reasonable accommodations in rules, policies, and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The city supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The city desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped. Use and Operation The use and operation of a Community Home for Disabled Persons that meets the qualifications of this subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than six residents and two supervisors, regardless of the legal relationship of those persons to one another and the community home is not within one-half mile of an existing community home. The residents of the community home may 1340 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 228 Print Date: November 20, 2020 not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. Qualification To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123, of the Texas Human Resources Code and the following regulations: Operation A community based residential home may be operated by: The Texas Department of Mental Health and Mental Retardation; A community center organized under Chapter A, Subchapter 534, of the Texas Health & Safety Code; An entity subject to the Texas Non-Profit Corporation Act, Tex.Rev.Civ.Stat.Ann art. 1396-1.01, et seq. (Vernon 1997), as amended; An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or An assisted living facility licensed under Chapter 247, of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. Licensing The community home must meet all applicable federal, state, and local licensing requirements. Site Plan Required The community home must provide a site plan that clearly shows compliance with the following criteria: Any single-family dwelling unit proposed to be used as shared group housing for the handicapped shall provide the following: To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom. Any single-family dwelling unit proposed to be used as shared group housing for handicapped persons shall provide for a separate bedroom for the care provider(s). Specific Use Permit Required Permit Required It shall be unlawful for any person to occupy, construct, alter, extend, or expand any assisted living facility, group home for handicapped persons, or institution within the limits of the city without a valid permit issued by the city in the name of such person for the specific occupation, construction, alteration, or extension of the assisted living facility, group home, or institution proposed. 1341 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 229 Print Date: November 20, 2020 Transfer The permit shall be specific to the person named in the application for the permit and shall not be transferred without the prior written consent of the city through the issuance of a new permit. Expiration of Permit If the proposed occupation, construction, alteration, or extension is not commenced within one calendar year from the date the permit for such occupation, construction, alteration, or expansion was issued, said permit shall automatically expire, unless the city approves an extension of time or issues a new permit. Application and Fee Requirements All applications and required fees for assisted living facilities, group home, or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: Name and address of the applicant; Location and legal description of the property where the assisted living facility or group home will be located; and Documentation that the assisted living facility, group home for handicapped persons, or institution has met federal, state, and local licensing requirements. Site Plan Requirements Any structure proposed to be used for shared group housing for the handicapped shall provide the square footage in each bedroom: To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom. Any structure proposed to be used for an assisted living facility, group housing for handicapped persons, or institution shall provide for a separate bedroom for the care provider(s). Issuance of Permit In considering the application, the city may take into account the proposed location of the assisted living facility, group home for handicapped persons, or institution in relation to the present and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, assisted living facility, group home for handicapped persons, or institution complies with this subchapter and other applicable laws, codes, and regulations, the permit shall be issued. Denial of Permit/Hearing Any person whose application for a permit under this subchapter has been denied, may, within 10 days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a permit shall be 1342 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 230 Print Date: November 20, 2020 accepted within one year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same. Permit Exemption The permit requirement is for the use and occupancy of assisted living facilities, group homes, or institutions and does not include community homes for disabled persons. Licenses It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained, upon any property owned or controlled by such person any assisted living facility, group home for handicapped persons, or institution within the limits of the city unless such person holds a valid license issued in accordance with the Administrative Criteria Manual. Location of Assisted Living Facility, Group Home for Handicapped Persons, or Institution No other assisted living facility, group home for handicapped persons, or institution shall be located within a radius of 600 feet of another licensed facility, home, or institution as determined by the city. Inspections Compliance Inspection Any duly authorized inspector of the city, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any assisted living facility, group home, or institution to determine compliance with this DDC and other applicable city ordinances. Right of Entry Any duly authorized inspector of the city, as set forth in subsection, a shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the city shall have all available remedies at law to gain entry, including but not limited to a court order showing probable violation of state or local law. Notices, Hearings, and Orders Notice of Violations; Requirements of Notice; Suspension and/or Revocation Whenever it is brought to the attention of the city that there has been a violation of any provision of this subchapter, the city shall give notice of such alleged violation to the permittee or licensee, or their respective agent, and each resident of the facility as provided. The notice shall: Be in writing; Include a statement of the reasons for its issuance; Allow a reasonable time of not less than 30 days nor more than one year, based upon the nature and severity of the violation and having due regard for the 1343 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.4 Public, Institutional, Religious, and Civic Uses Denton, Texas – Denton Development Code 231 Print Date: November 20, 2020 safety and protection of the community, for the performance of the corrective measures required; Be served upon the permittee or licensee, or the permittee or licensee's agent; provided, however, that the notice shall be deemed to have been properly served upon the permittee, licensee, or their respective agents, when a copy has been sent by mail to the permittee's, licensee's, or their respective agent's, last known address, or when the permittee or licensee, or respective agent, has been served with the notice by any method authorized or required by the laws of this state; and Contain an outline of remedial action, when, if taken, will effect compliance with the provisions of this subchapter. If the violation is not remedied in accordance with the notice, and a breach of the subchapter continues, then the city, may suspend and/or revoke any permits or licenses issued in addition to any punishment provided. Residents of the facility shall be notified by mail of any notice of violations or orders by regular mail and/or posting of the notice in common areas of the facility. Vacation of Residents/Cessation of Operations The notice shall also specify vacation by the residents for the period of suspension or as ordered by the city upon revocation. The city may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety, and general welfare of the citizens of the city. Compliance Required It shall be the responsibility of the permittee or licensee to ensure that all requirements of this subchapter are met and maintained. Any violation of any of the provisions of this subchapter shall subject the permittee or licensee to the general penalty provisions of this DDC. Public, Institutional, Religious, and Civic Uses Club or Lodge Operation Club or lodge facilities shall be owned or operated by a non-profit or social welfare organization that is tax-exempt as described in the Internal Revenue Code (IRC), Section 501(c)(4). Such facilities shall be for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. R7 and MN Zoning District Uses are limited to no more than 10,000 square feet of gross floor area per lot. A specific use permit is required for additional square footage for a club or lodge. Drive-through service is prohibited. Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot. MR Zoning District Uses are limited to no more than 20,000 square feet of gross floor area per lot. Drive-through service is prohibited. 1344 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.4 Public, Institutional, Religious, and Civic Uses Denton, Texas – Denton Development Code 232 Print Date: November 20, 2020 Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot. LI and HI Zoning Districts Uses are limited to no more than 20,000 square feet of gross floor area per lot. Day Care, Adult or Child In the LI zoning district, day care is only allowed as an accessory use to the primary business within the same structure. Such accessory use shall be limited to serving only those employees or owners of the business or businesses within the same structure. Homeless Shelter Separation Unless municipal consent is granted under paragraph (3) below, a person may not construct or operate a homeless shelter within 1,000 feet of another homeless shelter or a public or private school. For purposes of this standard, distance is measured along the shortest straight line between the nearest property line of the homeless shelter and the nearest property line of another homeless shelter or a primary or secondary school, as appropriate. Notice A person who intends to construct or operate a homeless shelter shall: Post notice of the proposed location of the shelter at that location; and Provide notice of the proposed location of the shelter to the governing body of the municipality within the boundaries of which the shelter is proposed to be located. The person shall post and provide the notice required by paragraph (a) above before the 61st day before the date the person begins construction or operation of the homeless shelter, whichever date is earlier. Municipal Consent Municipal consent to the construction or operation of a homeless shelter subject to paragraph (1) above is considered granted unless, before the 61st day after the date notice is received by the city under paragraph (0), the city determines by resolution after a public hearing that the construction or operation of a shelter at the proposed location is not in the best interest of the city. The City Council may rescind a resolution adopted under paragraph (a) above. Religious Assembly A religious assembly use may include accessory or subordinate uses and structures associated with its religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of such optional uses, provided that: Any accessory or subordinate uses are secondary to an active primary religious assembly use located on the same premises, regardless of whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, 1345 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 233 Print Date: November 20, 2020 customs, celebrations, ceremonies, rituals, rites, worship, or content are provided in conjunction with such uses; and Any uses having a residential component, such as rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessory structure, secondary to the main religious assembly use. The principal structure may not be used for any such residential use. Business or Trade School MN and MD Zoning Districts Uses are limited to no more than 5,000 square feet of gross floor area per lot. MR and SC Zoning Districts Uses are limited to no more than 10,000 square feet of gross floor area per lot. Hospital Services In the MR and SC zoning districts, main entries and ambulance loading zones shall not face residential zoning categories. Medical Clinic 1. In the MN, MD and SC zoning districts, uses are limited to no more than 10,000 square feet of gross floor area per lot. 2. In the MN, MD, MR, and SC zoning districts, main entrances and ambulance loading zones shall not face residential zoning categories. Medical Office R7 Zoning District Uses greater than 10.000 square feet require a specific use permit pursuant to Subsection 2.52: Specific Use Permit (SUP). MN Zoning District Uses are limited to no more than 10,000 square feet of gross floor area per lot. MD and SC Zoning Districts Medical office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Commercial Uses General Agriculture The keeping of livestock and other animals shall be subject to the standards in Subpart A, Chapter 6: Animals, in the Municipal Code of Ordinances. Commercial Stable In the R1 and R2 zoning districts, livestock are limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three. 1346 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 234 Print Date: November 20, 2020 Kennel Enclosed Building Requirement The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises. Kennels with Outdoor Facilities Outdoor facilities, including outdoor runs, shall not be located within 150 feet of any adjacent property unless such adjacent property is owned by the operator of the kennel. Veterinary Clinic In the MD zoning district, veterinary clinics are limited to no more than 5,000 square feet per lot. RV Parks Generally Occupation by a single user shall not exceed a period of six months. The principal business of a RV park shall be to provide sites for RVs, camper vehicles, and travel trailers. Mobile homes designed to meet residential building codes are prohibited. Plumbed sanitary facilities shall include a minimum of one men’s and one women’s toilet, lavatory, and shower for each 25 RV spaces that provide water and sewer hookups, and one men’s and one women’s toilet, lavatory, and shower for each 15 RV spaces that that do not provide water and sewer hookups. One sanitary dump station with water facilities shall be provided for every RV park. Site Design Standards RV parks shall have a minimum land area of one-half acres. The maximum density for an RV park is 25 recreational vehicle stalls per one acre of gross land area. Recreational vehicles shall be separated from each other and from all other structures by a minimum of 10 feet. For the purposes of such measurement, any accessory to a recreational vehicle, such as an awning or individual storage facility, shall be considered as part of the recreational vehicle. No recreational vehicle shall be closer than 20 feet to the property line adjoining a public right-of-way nor closer than 15 feet to any residential zoning district as established in Table 3.1-A: Zoning District Designations. Access and Circulation Entrances and exits may not be accessed through a residential zoning district as established in Table 3.1-A: Zoning District Designations, nor require traffic movement to or from the RV park through a residential zoning district. Access to a lot may be provided via a public access easement. There shall be no minimum required street frontage. Two-way and one-way traffic drive-aisle widths shall conform to the dimensional standards in this DDC and the Transportation Design Criteria Manual. 1347 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 235 Print Date: November 20, 2020 Parking Each RV space shall include parking for a recreational vehicle. Additional off-street parking shall be provided at community sanitary facilities. Accessory Uses RV parks may include the following accessory uses: service buildings associated with the campground or RV park including utilities, management office, repair shop, equipment storage, sanitary facilities, and laundry facilities; recreation facilities; equipment rentals; concessions; camping supply sales; and up to two residential dwelling units or permanent recreational vehicles for the purpose of housing a resident manager and caretaker. Bar, Tavern, or Lounge The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container. The distribution of manufactured or alcoholic beverage products is prohibited. Mobile Food Court Operation Participating mobile food businesses or other authorized vendors shall obtain a business license and any other permits or approvals as required by the Municipal Code of Ordinances prior to operation at a mobile food court. All activities associated with a mobile food court must comply with all health department requirements. All proposed activities shall be conducted on private property owned or otherwise controlled by the applicant. The proposed mobile food court shall not impede pedestrian or vehicular traffic in the public way. Live music shall conform to established noise standards in the City of Denton. Design A minimum lot or parcel area of 2,000 square feet is required to operate a mobile food court. All dimensional and development standards of the underlying zoning district shall be met prior to approval of a mobile food court. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the specific use permitting process. The mobile food court shall not occupy required parking stalls of any principal use of the site. Private Club RR, MN, and MD Zoning Districts Private clubs shall be limited to sit down only, no more than 100 seats, and no more than 4,000 square feet of restaurant area. Drive up service is prohibited. 1348 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 236 Print Date: November 20, 2020 MR, SC, LI, and HI Zoning Districts Uses are limited to no more than 10,000 square feet of gross floor area. Restaurant In the MN zoning district, restaurants shall not exceed 10,000 square feet per lot. The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container. The distribution of manufactured or alcoholic beverage products is prohibited. Restaurant, with Drive-Through All drive-through facilities shall comply with the Transportation Design Criteria Manual; Subsection 7.9.7: Loading Areas and Drive-Throughs; and the off-street parking, loading, and stacking requirements established in Section 7.9: Parking and Loading. Administrative, Professional, and Government Office R3, R4, and R6 Zoning Districts Administrative, professional, and government office uses shall not exceed 10,000 square feet per lot. R7 Zoning District Uses greater than 10,000 square feet require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). MN and MD Zoning Districts Administrative, professional, and government office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Bank or Financial Institution R7 Zoning District Drive-through facilities are prohibited. Banks or financial institutions shall only be allowed as part of a mixed-use building. MN, and MD Zoning Districts Drive-through facilities require a specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Musician Studio Musician studios shall conform to established noise standards in the City of Denton. Credit Access Business Credit access businesses shall not be located within 1,000 feet of another credit access business, measured in a direct line from property line to property line. Credit access businesses shall register with the city pursuant to City Ordinance 2013-073. 1349 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 237 Print Date: November 20, 2020 Laundry Facility, Self-Service R7 Zoning District Self-service laundry facilities shall only be permitted as an accessory use to multifamily dwellings, and such use shall be located within a multifamily structure. MN, MD, and MR Zoning Districts Individual self-service laundry facilities shall not exceed 2,500 square feet per lot. Tattoo and Body Piercing Parlor Tattoo and body piercing parlors shall comply with licensing and certification requirements of the Texas Department of State Health Services. General Retail Unless Otherwise Specified, Less than 5,000 Square Feet In the R7 zoning district, general retail shall only be allowed as part of a mixed-use building. General Retail Unless Otherwise Specified, More than 15,000 Square Feet In the LI and HI zoning districts, general retail uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Bed and Breakfast Size and Number of Guest Units In the RR, R4, R6, R7, and MN zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be five. In all other zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be eight. Location and Operation Bed and breakfast establishments shall be within 200 feet of a collector or arterial street. Distances shall be measured along a public street or alley access to the site from the arterial or collector street. The business owner or manager shall be required to reside on the property or on an adjacent property. 1350 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 238 Print Date: November 20, 2020 Short-Term Rental Registration Requirements No person shall advertise, offer to rent, or rent, lease, sublease, license, or sublicense a residential property within the city as a short-term rental for which a registration has not been properly made and filed with the Development Services Department. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: Name, address, phone number and e-mail address of the property owner of the short- term rental property; Verification that the proposed short-term rental property is the applicant's primary residence; Name, address, phone number and e-mail address of the designated local emergency contact; The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with Subsection 5.3.1D: Maximum Persons Occupying a Dwelling; A submission of a sketch floor plan of the dwelling with dimensional room layout; and A site plan/survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto streets, sidewalks or alleys, other public rights-of-way or public property. Operation External Signage There shall be no external on-site or off-site advertising signs or displays indicating the property is a short-term rental. Limit on Occupants Allowed No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a short-term rental, except that there shall be a maximum occupancy of 10 persons, adults and children. Limits on Number of Vehicles There shall be a maximum of one vehicle per bedroom, or the maximum number of vehicles that can be accommodated within the garage and driveway, without extending over the public rights of way (alleys and sidewalks), whichever is less. Advertisements and Contracts Any advertisement of the property as a short-term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles. Other Restrictions It is unlawful: To operate or allow to be operated a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; To advertise or offer a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; documented 1351 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 239 Print Date: November 20, 2020 advertisement of the subject property as a short-term rental, online or offline, shall be considered evidence of a violation of this DDC; To operate a short-term rental in any location that is not the registrant’s primary residence; To operate a short-term rental that does not comply with all applicable city and state laws and codes; To operate a short-term rental without paying the required hotel occupancy taxes; To offer or allow the use of a short-term rental for the sole or primary purpose of having a party venue; To fail to include a written prohibition against the use of a short-term rental for having a party in every advertisement, listing, or other publication offering the premises for rent; and Permit the use of short-term rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business. Brochure and Safety Features Informational Brochure Each registrant operating a short-term rental shall provide to guests a brochure that includes: The registrant’s 24-hour contact information; A local responsible party’s 24-hour contract information if the owner is not within the city limits when guests are renting the premises; Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. Safety Features Each short-term rental registrant shall provide, in the premises, working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall, otherwise comply with all applicable City regulations, including but not limited to Building and Fire Codes. 1352 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 240 Print Date: November 20, 2020 Notification of Approval of Short-Term Rental Within 10 days of the approval of a short-term rental, the city shall send notice to all property owners within 100 feet of the subject property, and shall include the 24-hour complaint line, and pertinent information about standards regulating short-term rentals. Registration Term, Fees, and Renewal All short-term rental registrations approved under this DDC shall be valid for a period of one year from the date of its issuance. The fee for registration of a short-term rental is identified in the Administrative Criteria Manual. Upon receipt of an application for renewal of the registration, the Director may deny the renewal if there is reasonable cause to believe that: The registrant has plead no contest to or been convicted of a violation of any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or There are grounds for suspension, revocation, or other registration sanction as provided in this DDC or other applicable city codes. Right to Inspect Premises The City of Denton reserves the right, with reasonable notice to the owner, to inspect the residential premises to determine compliance with this DDC as well as other applicable city codes. If only a portion of the premises is offered for rent, then that portion, plus shared amenities and points of access, may be inspected. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Automotive Fuel Sales Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Automotive Repair Shop, Major All repairs, services, and storage shall be conducted within an entirely enclosed structure. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Sales of vehicles shall be prohibited. Automotive Repair Shop, Minor Storage of vehicles on the premises shall not exceed 30 days. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure. 1353 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 241 Print Date: November 20, 2020 Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Sales of vehicles shall be prohibited. Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard Automotive wrecking services, impound lots, junkyards, and salvage yards shall comply with the Texas Administrative Code regarding vehicle storage facilities. Stored vehicles shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses. Stored vehicles shall not be located within the floodplain, water-related habitat, riparian buffers, or other environmentally sensitive areas. Best management practices addressing stormwater quality must be implemented and maintained on-site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. This standard does not apply to automotive wrecking service, impound lot, junkyard, or salvage yard establishments that do not provide outdoor storage of vehicles, equipment, parts, or other materials. Any expansion of a nonconforming salvage yard shall require a specific use permit. Equipment Sales and Rental Maintenance of equipment shall be conducted entirely within an enclosed building. Unenclosed storage of inoperable or wrecked equipment or materials shall be prohibited. All other unenclosed stored equipment shall be screened from public view from all rights- of-way, residential zoning districts, and residential uses. Sexually Oriented Business Purpose and Intent It is the purpose of this subsection to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material. Findings Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's 1354 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 242 Print Date: November 20, 2020 a.m., 120 C. Ct. 1382 (2000), and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the "Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" (June 6, 1989, State of Minnesota), the City Council finds: Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. Certain employees of sexually oriented businesses, defined in this section as adult theaters and adult cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those that provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. Offering and providing such space encourages such activities, which creates unhealthy conditions. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films. The findings noted in paragraphs (a) through (f) raise substantial governmental concerns. Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns. The general welfare, morals, health, and safety of the citizens of the city will be promoted by the enactment of this section. Location of Sexually Oriented Businesses The location regulations of this subsection are enacted pursuant to the authority of TLGC, Chapter 211. All other provisions of this subsection are enacted pursuant to the city's police 1355 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 243 Print Date: November 20, 2020 power and the authority of Article XI, Section 5, of the Texas Constitution. Sexually oriented businesses shall comply with the following separation requirements: A sexually oriented business shall not operate adjacent to an arterial street and within 1,000 feet of the following uses: A school, church, adult or child day care, elderly housing facility, hospital, public park or playground, residential zoning district, or lot devoted to a residential use; or Another sexually oriented business. The distance between shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the sexually oriented business is located to the nearest property line. Only one sexually oriented business is allowed in a building, structure, or portion of a building or structure. Additional Regulations for Escort Agencies An escort agency shall not employ any person under the age of 18 years. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years. Additional Regulations for Nude Model Studios A nude model studio shall not employ any person under the age of 18 years. A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. It is a defense to prosecution under this section if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex. Additional Regulations for Adult Motels Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Subchapter 9: Definitions. 1356 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 244 Print Date: November 20, 2020 A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not comply with the location requirements of this subsection, he or she rents or sub-rents a sleeping room to a person, and, within 10 hours from the time the room is rented, he or she rents or sub- rents the same sleeping room again. The terms "rent" or "sub-rent" mean that act of permitting a room to be occupied for any form of consideration. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements: The establishment shall provide for one or more manager's stations, none of which shall exceed 32 square feet of floor area. The manager's stations shall be designed to provide a monitoring location for the operators or employees of the establishment during business hours and to exclude members of the general public. The interior of the premises shall be configured so that there is an unobstructed view from a manger's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside any part of the premises. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified (a)(i) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstructed view from a manager's station. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. A person having a duty as provided in (a)(i) through (a)(v) above commits an offense if he or she knowingly fails to fulfill that duty. 1357 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.6 Industrial Uses Denton, Texas – Denton Development Code 245 Print Date: November 20, 2020 Defenses to Enforcement It is a defense to prosecution under this subsection that the person appearing in a state of nudity did so in a modeling class operated: By a proprietary school licensed by the State of Texas; By a college, junior college, or university supported entirely or partly by taxation; By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or In a structure: Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and Where in order to participate in a class a student must enroll at least three days in advance of the class; and Where no more than one nude model is on the premises at any one time. It is a defense to prosecution under this subsection that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. Each day on which a violation occurs shall be separate and distinct violation. Industrial Uses Craft Alcohol Production In the MD, MR, and SC zoning districts: On-premise consumption or retail sales shall be required to operate a craft alcohol production establishment. Areas used for production, bottling, packaging, storing, and other manufacturing related activities shall not exceed 10,000 square feet of gross floor area per lot. Additional square footage shall require specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP). The storage of raw and/or spent materials shall be kept in a fully enclosed structure, building, or container. The establishment shall operate in full compliance with all rules and regulations of the Texas Alcoholic Beverage Commission. Food Processing, Less than 2,500 Square Feet MN, MD, MR, and SC Zoning Districts Only on-premises sales shall be allowed. Distribution, warehousing, or wholesaling activities are prohibited. All Zoning Districts If the proposed use is within 200 feet of a residential zoning district, approval is subject to a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 1358 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.6 Industrial Uses Denton, Texas – Denton Development Code 246 Print Date: November 20, 2020 Food Processing, More than 2,500 Square Feet MN, MD, MR, and SC Zoning Districts Only on-premises sales shall be allowed. Distribution, warehousing, or wholesaling activities are prohibited. All Zoning Districts If the proposed use is within 200 feet of a residential zoning district, and greater than 5,000 square feet per lot, then approval of a specific use permit shall be required pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Manufacturing, Artisan In the MN and MD zoning districts: Artisan manufacturing uses shall be limited to 10,000 square feet per lot. If within 200 feet of a residential zoning district or residential use, artisan manufacturing uses shall be limited to 5,000 square feet per lot, unless a specific use permit is approved pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and permits the use to exceed 5,000 square feet per lot. All activities shall occur entirely within an enclosed structure. Manufacturing, Low-Impact In the MD Zoning District, uses are limited to a maximum of 10,000 square feet of gross floor area per lot. In the MR, SC, and HC Zoning Districts, uses with more than 10,000 square feet of gross floor area per lot shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). In the MD, MR, SC, HC, and GO Zoning Districts, all activities shall occur entirely within an enclosed structure. Outdoor Storage Generally No outdoor storage use shall constitute an automotive wrecking service, impound lot, junkyard, or salvage yard. Location and Screening of Storage No outdoor storage operation shall be located in front of a principal building. Materials stored outdoors shall be setback at least five feet from all property lines. Materials shall not be stored in areas intended for vehicular or pedestrian circulation. Outdoor storage shall be opaquely screened from public view pursuant to screening standards in Subsection 7.7.8: Walls, Fences, and Screening. Self-Service Storage Building Materials Except for fenestrations, as noted in (1)(b) below, each elevation shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, or concrete tilt-wall (colored or stamped). 1359 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.7 Public and Semi-Public Utility Uses Denton, Texas – Denton Development Code 247 Print Date: November 20, 2020 The materials in subsection (1)(a) above shall not apply to fenestrations such as doors, windows, glass, and entryway treatments. Glass shall not account for more than 70 percent of the exterior wall area. Doors Overhead bay doors and/or storage unit doors shall not be visible from adjacent properties or public right-of-way. Fencing and Buffers Fencing materials shall be limited to masonry and wrought iron and shall comply with Subsection 7.7.8: Walls, Fences, and Screening. Landscape buffers shall be provided in accordance with Section 7.7.6: Compatibility Landscape Buffer Requirements. Other Activities No business activity other than the rental of storage units shall be conducted on the premises. Outdoor storage is prohibited. Warehouse and Wholesale Facility In the MR and SC zoning districts, uses shall be limited to a maximum of 55,000 square feet of gross floor area per lot. Public and Semi-Public Utility Uses Power Stations, Electric Substations, Interchanges, and Switch Stations Compliance with Electric Standards Electric substations and switch stations shall comply with the standards in Section 7.13: Electric Standards. A site plan demonstrating substantial conformance with all the applicable design standards identified in Section 7.13: Electric Standards, shall be submitted. Procedures for Review An applicant shall submit an application for a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), unless it is able to meet all the following requirements: Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan. A public hearing was held at the City Council for the selection of the site to include: Written notice of the public hearing was provided to property owners within 200 feet and physical addresses within 500 feet of the subject property at least 12 days prior to the public hearing; and A sign advertising the public hearing was posted on or adjacent to the property at least 12 days prior to the public hearing; and Proposed screening wall location and design were reviewed and approved by the City Council. A neighborhood meeting was held at least 15 days prior to the public hearing at City Council for the acquisition of the site. 1360 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.1 Purpose Denton, Texas – Denton Development Code 248 Print Date: November 20, 2020 Solar Collector as a Principal Use Solar collectors shall conform to all height, setback, and landscaping requirements within their respective zoning district. The following additional standards apply to all solar collectors: All solar collector systems shall be in compliance with all currently adopted building codes; Solar collector systems that use concentrator technologies and have not incorporated anti- glare measures into the system or installation shall be placed in areas so that the concentrated solar glare shall not be directed onto inhabited adjacent properties or roadways; and The design of the solar collector system shall use materials, colors, textures, screening, and landscaping similar to their background or the existing natural environment to the most reasonable extent possible without prohibiting the installation. Wind Energy Conversion System (WECS) For All Wind Energy Systems No tower shall be lit, except to comply with Federal Aviation Authority (FAA) standards. All wiring between the wind system and the substation shall be buried underground. All proposed wind systems shall conform to established noise standards in the City of Denton. For Large Wind Energy Systems The minimum acreage for a large wind system shall be established based on the setbacks of the turbine(s) and the height of the turbine(s); All turbines located within the same large wind system property shall be of a similar tower design, including the type, number of blades, and direction of blade rotation; Large wind systems shall be setback at least one and one-half times the height of the turbine and rotor diameter from the property line. Large wind systems shall also be setback at least one and one-half times the height of the turbine from above ground telephone, electrical lines, and other uninhabitable structures; Towers shall not be climbable up to 15 feet above ground level. Accessory Uses and Structures Purpose The purpose of this section is to establish minimum standards for accessory uses and structures that are incidental and subordinate to principal uses. These standards are intended to minimize adverse impacts on surrounding properties and the community. Accessory Uses and Structures Allowed All principal uses allowed in a zoning district pursuant to Table 5.2-A: Table of Allowed Uses, shall be deemed to include those accessory uses, structures, and activities typically associated with that use, unless specifically prohibited in this section. Accessory uses and structures are subject to the standards in this section and any applicable use-specific standards for the associated principal use in Section 5.3: Use- Specific Standards. Typical accessory uses are included in the use definitions in Subchapter 9: Definitions. 1361 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.3 General Standards for Accessory Uses and Structures Denton, Texas – Denton Development Code 249 Print Date: November 20, 2020 General Standards for Accessory Uses and Structures The combined square footage of the principal structure and accessory structure(s) shall not exceed the zoning district maximum building coverage specified in Subchapter 3: Zoning Districts. Accessory structures, with the exception of non-residential detached carports, gas station canopies, gas station car wash facilities, and security/entry booths, are prohibited in front and side yards. Accessory structures for public or private schools may be located in side yards, but shall not be located in front yards. Where permitted, accessory structures shall be set back a minimum of three feet from all property lines. No portion of an accessory structure may be located in, or encroach upon, any easement. All accessory structures that require a building permit shall be architecturally compatible with its associated principal structure and/or screened from view of abutting properties and public rights- of-way. Where permitted, accessory outdoor storage shall be located to the rear of the principal structure, shall be subject to the screening standards in Subsection 7.7.8: Walls, Fences, and Screening, and shall be limited to goods or materials sold or used on the premises as part of the principal use of the property. Additional Standards for Specific Accessory Uses Accessory Dwelling Unit Accessory Dwelling Units (ADUs) shall comply with the following standards: Generally Only one ADU shall be allowed per lot. ADUs shall only be permitted on lots where the principal use is a single-family detached dwelling. Size ADUs on Lots Smaller than 10,000 Square Feet ADUs shall not exceed 50 percent of the square footage of the principal dwelling unit on the lot. ADUs shall not exceed 1,000 square feet per lot. ADUs on Lots 10,000 Square Feet or Larger ADUs shall not exceed 50 percent of the square footage of the principal dwelling unit on the lot. Location and Design ADUs may be attached or detached units. Attached ADUs shall be fully attached to or within the principal structure on the lot. "Attached" shall mean at least one-quarter of the total wall area or the floor or ceiling of the ADU shall be fully connected to a wall, floor, or ceiling of the principal residential structure. Detached ADUs shall be located to the side or rear of the principal dwelling unit. 1362 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 250 Print Date: November 20, 2020 ADUs shall have a separate exterior entrance from the principal dwelling unit and shall contain cooking, sleeping, and sanitary facilities. Public Services and Utilities Separate water or sewer service for the ADU shall not be allowed. Separate metering of other utilities is allowed. Ownership Requirements Ownership of the ADU may not be legally severed from ownership of the associated lot and any other structures on such lot. Donation Box A donation box shall not restrict the use or access to any parking spaces that are required for the principal use on the lot. Home Occupations Home occupations shall comply with the following: General A home occupation shall be permitted only when it is an accessory use to a single- family detached, duplex, or townhome dwelling unit. A home occupation shall not involve any external structural alteration of the dwelling unit. Employees The home occupation shall be operated by the person(s) residing in the principal dwelling. No more than two employees that do not reside on the property shall be allowed on the premises at any given time. Patrons No more than four patrons shall be allowed on the premises at one time. Hours of Operation No home occupation shall remain open for visitation by patrons between the hours of 8:00 p.m. and 8:00 a.m. No External Display of Products There shall be no external display of products or any other externally visible evidence of the home occupation. Outdoor Storage and Activities No outdoor storage of materials, goods, supplies, or equipment associated with a home occupation shall be allowed. All activities related to the home occupation shall be operated entirely within the principal dwelling unit. Outdoor activities are strictly prohibited. Signage Home occupations shall not be allowed to place an advertisement, sign, or display on or off the premises. Product Sales A home occupation may include the sale of products on the premises, provided compliance is maintained with all other standards in this subsection. 1363 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 251 Print Date: November 20, 2020 Prohibited Equipment and Materials There shall be no chemical, mechanical, or electrical equipment on the premises, other than that normally found within a dwelling unit. Parking and Business-Related Vehicles (Vehicles Marked or Equipped Commercially) No on-street parking of business-related vehicles shall be allowed at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business-related vehicles shall be limited to one. Allowable Home Occupations Any use not listed in (C)(12) below shall be deemed an allowable home occupation so long as the use is allowed pursuant to Table 5.2-A: Table of Allowed Uses, and complies with the standards of this DDC. Prohibited Home Occupations The following uses are examples of home occupations that shall be prohibited: Retail sales; Medical doctors, or any practice of physical and/or medical application, including chiropractors; Dentists; Minor or major automobile or equipment repair; Commercial greenhouses or nurseries; and Animal grooming. Outside Storage, Accessory In addition to complying with all EPA regulations, the International Fire Code, and all other applicable ordinances, statutes, rules and regulations, outdoor storage: Shall be confined to the side or rear yard only, and shall be opaquely screened from public view, using screening materials pursuant to Subsection 7.7.8: Walls, Fences, and Screening; and Shall be set back at least five feet from the property line, and maintained so as to not create a nuisance to the public or any adjoining property. Sale of Produce and Plants Raised on Premises Permitted Sales Only the sale of produce or plants grown on-site shall be sold. Hours of Operation The sale of produce and plants shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. Structures No permanent structures shall be erected for the sale of produce and plants. 1364 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 252 Print Date: November 20, 2020 Solar Collector, (Ground- or Building-Mounted) If the solar collector is not flush with the roof, the applicant shall minimize the visibility of the collector from a public street, park, or open space to the most reasonable extent possible without prohibiting the installation. Ground-mounted collectors are allowed as an accessory structure and shall only be located outside of required setbacks. Ground-mounted accessory solar collectors shall not exceed the height of the principal structure on the lot or parcel. Wind Energy Conversion System (WECS), Small (Ground-Mounted) Generally An individual ground-mounted WECS shall be set back from the property line and the principal structure at least one and one-half times the height of the WECS structure. The height limit for an accessory WECS shall be the height limit in the underlying zoning district, as long as the WECS meets the setback established in (1)(a) above. The distance between the ground and the rotor blade (when the rotor blade in its lowest position) shall be a minimum of 20 feet. RR and R1 Zoning Districts Lots where the proposed WECS will be located shall have a minimum lot area of two acres. A maximum of one WECS per lot is permitted by right; more than one WECS per lot shall require approval of a specific use permit pursuant to Subsection 2.5.2, Specific Use Permit (SUP). 1365 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.4.5 Additional Standards for Specific Accessory Structures Denton, Texas – Denton Development Code 253 Print Date: November 20, 2020 Wind Energy Conversion System (WECS), Small (Building-Mounted) Rooftop WECS shall be considered an accessory use if the following are satisfied: The maximum height of the rooftop WECS does not exceed a height of 10 feet above the roof or the top of a parapet, whichever is higher. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS; The WECS is securely attached to the structure in compliance with all currently adopted Building Codes; and The blade rotor plane shall be at least four feet away from any window and at least 12 feet above any patio with human access. Additional Standards for Specific Accessory Structures Swimming Pools Discharge of swimming pools and backwash filters must be plumbed to the sanitary sewer. Temporary Uses and Structures Purpose The purpose of this section is to allow certain uses and structures of a limited duration subject to specified conditions. This section is intended to ensure that such uses or structures do not negatively impact surrounding properties and are discontinued upon the expiration of a set time period. Temporary Uses and Structures Allowed The Director may permit temporary uses in accordance with Table 5.2-A: Table of Allowed Uses, and according to any applicable use-specific standards. Figure 5.4‐A: Building‐Mounted WECS Height  1366 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.3 Approval Process for Temporary Uses and Structures Denton, Texas – Denton Development Code 254 Print Date: November 20, 2020 Approval Process for Temporary Uses and Structures General Prior to establishing a temporary use or structure, a temporary use permit shall be approved pursuant to Subsection 2.5.3: Temporary Use Permit. Neither the granting of a temporary use permit, nor compliance with its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this section. A temporary use permit serves only to conditionally permit the temporary use of property, provided that the permittee strictly complies with all permit requirements and restrictions. Conditions The Director may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse impacts on surrounding areas. The Director may condition issuance of a temporary use permit upon either or both of the following: The applicant's demonstration of full compliance with all applicable permitting, licensing, surety, insurance, and performance standards of any governmental, administrative, or regulatory body exercising jurisdiction over the requested temporary use; and/or The applicant's posting of bonds or other securities in an amount, and of a type, reasonably sufficient to remediate, repair, and restore any public lands, infrastructure, or easements, or any public or private floodplains or environmentally sensitive areas, which could foreseeably suffer damage, directly or indirectly, as a consequence of the requested temporary use, regardless of whether such damages are actually caused by the applicant or by third-party participants in the temporary activity. Posting the Temporary Use Permit The applicant shall post the permit issued by the city in a prominent location on the site where the temporary use is established. Revocation of a Temporary Use Permit The Director may revoke a temporary use permit if it is determined that: The applicant misrepresented any material fact on his or her application, or supporting materials; The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit; The operation of the temporary use violates any applicable statute, law, ordinance, or regulation; or The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public. 1367 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.4 General Standards for Temporary Uses and Structures Denton, Texas – Denton Development Code 255 Print Date: November 20, 2020 General Standards for Temporary Uses and Structures Compliance with this DDC Temporary uses and structures are subject to the dimensional standards in Subchapter 3: Zoning Districts, and the development standards in Subchapter 7: Development Standards, unless otherwise stated in this section. Compatibility Temporary uses shall be compatible in intensity, characteristics, and appearance with existing land uses in the surrounding area of the proposed location. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall be considered. Required Licenses The applicant shall obtain all necessary licenses required by this DDC and by state law. Operation and Development All temporary uses, except occasional sales, shall comply with the following: Location Temporary uses shall comply with applicable setback requirements. In situations where temporary storage containers and other portable storage units are used for loading and unloading purposes and the only placement location is on an existing driveway, temporary storage containers and other portable storage units may encroach into a required setback. Display, sales, and other temporary use-related activities shall be conducted on private property and not on public land or rights-of-way, unless specifically permitted in writing by the Director. Access and Circulation Vehicular access points, public roads and rights-of-way, and pedestrian or bicycle paths shall not be damaged or obstructed. Public roads may be closed for a temporary special event where specifically authorized by the City Council. Temporary structures and all associated devices shall be of a temporary nature, movable, and shall not block visibility for vehicles or pedestrians on or off the lot so as to create a safety hazard. Temporary uses and structures may occupy required off-street parking only if specified and approved as part of a temporary use permit. Hours of Operation Hours of operation shall be compatible with the adjacent land uses. Maintenance and Clean Up The applicant shall guarantee that all trash and debris generated by the temporary use will be removed within 24 hours at no expense to the city. Signs Signs shall comply with Subpart B, Chapter 33, Signs and Advertising Devices, in the Municipal Code of Ordinances. 1368 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.5 Annual Permit Allowance and Renewal Periods Denton, Texas – Denton Development Code 256 Print Date: November 20, 2020 Occasional Sales No more than three occasional sales may be allowed upon the premises of a residential dwelling in any 12-month period (limited to one sale every four months), with a limit of three days per time, per lot. Annual Permit Allowance and Renewal Periods An applicant may renew, or receive a new temporary use permit for the same activity on the same lot in accordance with the following limitations: Table 5.5 -D: Summary of Temporary Use Permit Allowance Temporary Use Permits Per Year Days Per Permit Storage Containers and Other Portable Storage Units [1] 3 30 days Farmers Market 1 180 days Seasonal Sales No limit 30 days (per event) Occasional Sales 4 3 (per event) Special Events No limit 21 days (per event) Field or Construction Office [2] [2] Concrete or Asphalt Batching Plant 3 60 days Notes:  [1] Temporary storage containers and other portable storage units located within a nonresidential zoning district are allowed  one permit per calendar year, with a limit of 180 days per lot.  [2] Field or construction offices may be approved no sooner than 30 days prior to the start of construction and shall be removed  within 30 days after completion of the work for which the construction permit has been issued.  All uses not specifically listed in the table above shall be permitted for a maximum period of 30 days per calendar year, per lot, subject to Director approval. Applicants may not obtain a permit for a temporary use for the same lot if that site has exceeded the time limitation for that calendar year. Additional Standards for Specific Temporary Uses and Structures Temporary Storage Containers and Other Portable Storage Units Temporary storage containers and other portable storage units shall be located on an improved surface, but may not be located in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. The property where the temporary storage container or other portable storage unit is located shall contain a principal structure, and the storage container or other portable storage unit will be considered accessory to the principal structure. Storage containers and other portable storage units that are less than 120 square feet, located in a rear yard, and are screened from public view are not required to obtain a temporary use permit. 1369 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.6 Additional Standards for Specific Temporary Uses and Structures Denton, Texas – Denton Development Code 257 Print Date: November 20, 2020 Concrete or Asphalt Batching Plant, Temporary Permit Requirements Applicants for a permit to operate a temporary concrete or asphalt batching must submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as amended. Concrete Batching Plants When both wastewater and stormwater discharges will be generated on-site, concrete batch plants must be permitted under TCEQ discharge permit TXG110000. When only stormwater discharges will be generated on-site, concrete batch plants may be included in construction stormwater permit TXR150000 for the construction site, if located at the construction site. Location Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. Temporary asphalt batching plants shall be located at least one-half mile from any recreational area, school, or residence, or any other structure not occupied or used exclusively by the owner of the property upon which the facility is located. Operational Standards The facility shall be operated in a manner that eliminates unnecessary dust, noise, and odor (including, with limitation, covering trucks, hoppers and chutes, loading and unloading devices, mixing operation and maintaining driveways and parking areas free of dust). All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic. All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. The applicant shall clear the site of all equipment, material, and debris upon completion of the project. Hours of Operation The facility may operate only between the hours of 6:00 a.m. and 8:30 p.m., Monday through Friday, from June 1 to September 30; 7:00 a.m. and 8:30 p.m., Monday through 1370 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.1 Purpose and Goals Denton, Texas – Denton Development Code 258 Print Date: November 20, 2020 Friday, from October 1 to May 31; 8:00 a.m. and 8:30 p.m. on Saturdays; and 1:00 p.m. and 8:30 p.m. on Sundays. Revocation of Permit In addition to the criteria established in Subsection 5.5.3D, the Director may terminate or revoke a temporary use permit for a concrete or asphalt batching plant for any of the following reasons: The facility fails to comply with any of the requirements as listed in this subsection; or The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Commission on Environmental Quality (TCEQ), as amended. Additional Approval Required for Off-Site Temporary Batch Plants A Specific Use Permit (SUP) is required for all temporary batching facilities grinding,  mixing, or otherwise preparing concrete, asphalt, or its ingredients or products for  transportation to another site other than the site on which the batching facility is being  located. Field or Construction Office Field or construction offices may only be approved for licensed contractors working on construction projects for which permits have been issued. They shall be located on the same property and within the same project area where the work is being performed and shall not encroach into any public right-of-way. Field or construction or offices shall be required to meet all applicable state and local building and set-up codes. Field or construction offices may not be used as a dwelling unit or residence. Wireless Telecommunications Facilities Purpose and Goals The purpose of this section is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community, while promoting the provision of telecommunications service to the public. The goals of these regulations are to: Protect residential areas and land uses from potential adverse impacts of towers and antennas; Encourage the location of towers in non-residential areas; Minimize the total number of towers throughout the community; Encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single-use towers; Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques; 1371 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.2 Compliance with Telecommunications Act Denton, Texas – Denton Development Code 259 Print Date: November 20, 2020 Enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. Compliance with Telecommunications Act The regulations contained in this DDC have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996: Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities; Regulations "shall not unreasonably discriminate among providers of functionally equivalent services;" Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services;" "Denial shall be in writing and supported by substantial evidence;" and Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions." Notwithstanding any other provision of this section, telecommunications towers and antennas, when permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the use regulations and requirements of this section. Applicability All new towers and antennas within the corporate limits of the city shall be subject to these regulations, except as provided in paragraphs (A) and (B) below: Amateur Radio Station Operators/Receive Only Antennas This section shall not govern any tower or installation of any antenna that is under 70 feet in height and that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. Pre-Existing Towers or Antennas Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this DDC, except the requirements of subsections 5.6.7A, B, and H. General Provisions Applications All applications for rezoning or a specific use permit for a telecommunications tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the city regarding said facilities. In addition to any information required for applications for a specific use permit, applicants shall submit the following information: 1372 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.4 General Provisions Denton, Texas – Denton Development Code 260 Print Date: November 20, 2020 A detailed master antenna plan, clearly indicating the location of the proposed tower, on- site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director. A legal description of the property and leased land, if applicable. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. The separation distance from other towers shown on an updated site plan or map. A landscape plan showing specific landscape materials. Method of fencing and finished color and, if applicable, the method of camouflage and illumination. Platted Lots Unless an exception is granted by the Planning and Zoning Commission, telecommunications facilities requiring rezoning or a specific use permit, including towers and related equipment buildings, shall be located on a platted lot. Technical Assistance When a rezoning or specific use permit is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of city staff to review, the applicant, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement, up to a maximum of $5,000. Pre-Application Meetings Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the Director or his or her designee to determine if the location will require a specific use permit or other approvals, and to review the merits of potential locations. Master Antenna Plan To facilitate co-location and coordination of telecommunication sites, the city shall, within 30 days of its effective date, notify the providers of telecommunications services, as that term is defined by federal law, of the enactment of this section. Said providers shall, within 90 days of the date of such notice, provide the city with their respective master antenna plans. Said plans shall include detailed maps, showing the locations and characteristics of all telecommunications towers and antennas serving any portion of the city and indicating coverage areas for current and, to the extent possible, future telecommunications towers and antennas. Providers shall also provide the city with any updates to the above documents within 90 days of their creation. 1373 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.5 Allowed Telecommunications Uses Denton, Texas – Denton Development Code 261 Print Date: November 20, 2020 Allowed Telecommunications Uses Table 5.6-E: Allowed Telecommunications Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF NEW LATTICE, OTHER TOWERS 0 to 50 feet P P P P P P P P Over 50 feet S S S S S S S S NEW MONOPOLE TOWER 0 to 85 feet P S P P P P P P P Over 85 feet S S S S S S S S S ALTERNATIVE MOUNTING STRUCTURES 0 to 100 feet S P P P P P P P P P Over 100 feet S S S S S S S S S S ANTENNAE-ONLY MOUNTINGS Building-Mounted Panels P P P P P P P P P P 5.6.6A Building-Mounted Whips P P P P P P P P P P 5.6.6B Electric Distribution Poles P P P P P P P P P P Roof-Mounted Arrays P P P P P P P P P P 5.6.6C DISH ANTENNA MOUNTINGS Building/Roof-Mounted Under 1 m Diameter P P P P P P P P P P P P P P P P Building/Roof-Mounted Under 2m Diameter P P P P P P P P P P 5.6.6D Building/Roof-Mounted Over 2m Diameter P P P P P P P P 5.6.6E Ground-Mounted Under 3m Diameter P P P P P P P P P P Ground-Mounted Over 3m Diameter P P P P P P P P P 5.6.6F Telecommunications Use-Specific Standards Building-Mounted Panels MD Zoning District Panels shall be mounted to a nonresidential or multifamily structure. Panels shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. MN, MR, and GO Zoning Districts Panels shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. 1374 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.7 Telecommunications Towers Denton, Texas – Denton Development Code 262 Print Date: November 20, 2020 Building-Mounted Whips RR Zoning District Whips shall be mounted to a nonresidential or multifamily structure. Whips shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. MD Zoning District Whips shall be mounted to a nonresidential or multifamily structure. Roof-Mounted Arrays Arrays shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Building/Roof-Mounted Under 2m Diameter MD Zoning District Antenna shall be mounted to a nonresidential or multifamily structure. MN, MR, and GO Zoning Districts Antenna shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Building/Roof-Mounted Over 2m Diameter In the MD, MR, and GO zoning districts, antenna shall be mounted to a nonresidential structure with more than 100,000 square feet of floor area. Ground-Mounted Over 3m Diameter In the MD zoning district, antenna shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Telecommunications Towers Applicable Federal and State Standards All telecommunications towers and antennas shall be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Structural Standards Telecommunications tower structures must conform to the most current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located so that if the structure should fall it would avoid habitable structures and public streets. To insure structural integrity, the owners of the tower shall ensure that it is maintained in compliance with all applicable provisions of Subpart B, Chapter 28: Building and Building Regulations, of the Municipal Code of Ordinances, and all applicable state or local building codes and safety regulations, as well as the regulations published by the Electronic Industries Association (EIA) as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to 1375 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.7 Telecommunications Towers Denton, Texas – Denton Development Code 263 Print Date: November 20, 2020 the owner of the tower, the owner shall have 30 days to bring the tower into compliance with these standards. Co-Location Towers shall be designed and built to accommodate a minimum of two cellular or PCS providers, if over 75 feet in height. The owner of the tower must certify to the city that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Fencing Security fencing shall be installed by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings. Setbacks All telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within required front, rear, or side setbacks. Telecommunication towers in excess of 400 feet in height shall be set back a minimum of 2,600 feet from the right-of- way of all controlled access federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters. Signage Except as otherwise permitted in this section, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Lighting Except as otherwise permitted in this DDC, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority. Abandonment In the event the use of any wireless communication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official, who shall have the right to request documentation from the owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove same within 90 days of receipt of notice from the Building Official notifying the owner/operator of such abandonment. If said antenna support structure is not removed within 90 days, the Building Official may cause it to be removed at the owner's expense. 1376 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.8 Tower Location Denton, Texas – Denton Development Code 264 Print Date: November 20, 2020 Tower Location Historical/Cultural Except for compatible alternative mounting structures that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications facilities should not be located on or within 300 feet of property zoned historic or property included in a national or local historic zoning district. In addition, said facilities should, wherever possible, be located so as to ensure that historic or culturally significant vistas, and landscapes are protected and that the views of and vistas from architecturally and/or historically significant structures are not impaired or diminished. Residential Zoning Except as provided in Table 5.6-E, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a three to one distance to height ratio from a single- family residential use and one to one distance to height ratio from a multifamily use. Towers Permitted by Right Free standing monopole telecommunications towers 85 feet or less in height are permitted except as provided in Table 5.6-E, except for the MD zoning district and other applicable sections of this subchapter. Towers Requiring a Specific Use Permit All telecommunication towers to be located in the MD zoning district are permitted with a specific use permit. Telecommunication towers in excess of 50 feet in height and monopole towers in excess of 85 feet in height are permitted, except as provided in Table 5.6-E. Tower Spacing Any new telecommunications tower in excess of 180 feet in height must be located a minimum of one mile from any existing tower in excess of 180 feet in height. Alternative Mounting Structures New alternative mounting structures 100 feet or less in height are permitted, except as provided in Table 5.6-E, and other applicable subsections of this section. New alternative mounting structures in excess of 100 feet in height are permitted, except as provided in Table 5.6-E, and other applicable subsections of this section. Alternative mounting structures must be similar in color, scale, and character to adjoining buildings or structures, or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment. Antenna Mounting Purpose The purpose of this subsection is to promote public safety and maintain order and harmony within the city's business, cultural, and residential zoning districts by restricting the size and location of telecommunication antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and to insure the structural integrity of supporting structures. 1377 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.9 Antenna Mounting Denton, Texas – Denton Development Code 265 Print Date: November 20, 2020 Whip and Panel Antenna Mounting Individual telecommunications antennas are allowed on existing electric distribution poles, light standards, and telecommunication towers in excess of 40 feet in height, provided that: A joint use agreement is executed; and The antenna is not located within the power zone of the electric distribution pole. Antennas shall not be placed on electric transmission towers. The total length of any antenna does not exceed 15 percent of the height of the structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas. Existing structures in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. Building-mounted panel antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts; provided that they are mounted flush with the exterior of the building and that they do not project above the roof line, nor more than 30 inches from the surface of the building to which they are attached. The antenna's appearance shall be such that its color and texture blends with the surrounding surface of the building. Whip antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts, provided that the total length of said whip antennas, regardless of mounting method or location, does not exceed 15 percent of the height of the building. Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area. Dish Antenna Mounting Dish antennas shall not be permitted in any front setback area or side yard setback adjacent to any roadway. Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six foot high screening fence, evergreen hedge, or masonry wall. Dish antennas in excess of 10 feet in height or more than 10 feet in diameter are permitted, except as provided in Table 5.6-E. Building/roof-mounted dish antennas that are one meter or less in diameter are permitted, except as provided in Table 5.6-E, and other applicable regulations of this section. Building/roof-mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area except as provided in Table 5.6-E, and other applicable regulations of this section. Only one building/roof-mounted dish antenna that is two meters or less in diameter, is permitted per 5,000 square feet of building floor area, except as provided in Table 5.6-E, and other applicable regulations of this section. Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 100,000 square feet of building floor area, except as provided in Table 5.6-E, and other applicable regulations of this section. 1378 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.10 Structural Certification Denton, Texas – Denton Development Code 266 Print Date: November 20, 2020 Building/roof-mounted dish antennas in excess of one meter in diameter in residential zoning districts shall be painted to have an appearance that blends with the building on which they are located, or to be located so that they are not visible from any adjacent roadway. Building/roof-mounted dish antennas in excess of two meters in diameter in non- residential zoning districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located, or to be located so that they are not visible from any adjacent roadway. Structural Certification Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array, or support structure the Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment. Appeal Any entity that desires to erect or use telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the city dealing with zoning and land use may apply for such use under this section. The City Council shall, upon a showing that strict application of regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of this subchapter and section, to the extent necessary to prevent the prohibition. 1379 35 City Support / Opposition 3e. Overland Property Group reached out to the adjacent Timber Ridge NHA to send notification of our proposed development. Outreach documentation is attached hereafter, though we have yet to receive a response. Our contact information has been provided, and we will maintain open lines of communication with any neighborhood groups should they reach out in regards to this development. We will also schedule neighborhood meetings, at their convenience. In addition, we met with Councilmember Brian Beck on January 5 to introduce ourselves and our proposed, conceptual plans, in order to gain insightful feedback and recommendations as we move forward with this proposed community. 1380 From:April Engstrom aengstrom@overlandpg.com Subject:The Reserves at Monarch / 1400 Teasley Ln. - Proposed New Development Date:December 29, 2021 at 1:22 PM To:john@secure-mgmt.com Dear John, My name is April Engstrom; I’m reaching out on behalf of Overland Property Group and our proposed multi-family development, The Reserves at Monarch. Overland Property Group, (OPG), has developed over $750 million in multi-family and senior living communities since 2002. As of December 2021, the company has 10 projects in various stages of closing, construction or lease-up. OPG has not only become one of the fastest growing owner/developers in a six-state region but has also established a reputation as one of the most dynamic and innovative developers of affordable multifamily & independent senior living communities in the country. Through extensive experience, OPG has built and a maintained strong relationship with lenders, contractors, architects, engineers, and several other vendors that have allowed OPG to streamline the overall development process allowing for significant economies of scale. As a result, OPG has been able to market a highly sustainable model with an estimated site acquisition to construction completion period. OPG is currently pursuing an opportunity to provide brand new affordable housing in Denton, located at 1400 Teasley Ln. The project site is within proximity to major thoroughfares such as Dallas Dr. & I-35 E., which provides access to abundant amenities nearby, including downtown Denton located within less than five miles. This proposal for a new apartment community on Teasley Lane features the construction of 72 apartment units, with ample green space, a clubhouse, and a myriad of amenities for resident’s use & enjoyment. Please see the site plan attached for further reference. This property will be a mixed-income community, serving families making between 30% and 60% of the area median income, along with market rate units available for those without restricted incomes. Unit amenities will include but are not limited to; energy star rated appliances, full size washer and dryers, LED lighting, 9-foot ceilings, walk in closets, luxury LVT flooring, knotty alder cabinets, and ceiling fans. The development will feature a park-like recreation open space, furnished community room, business center, on-site management, common area wi-fi, covered pavilion, BBQ grills, picnic tables, video surveillance, and a dedicated space for resident supportive services and classes. These supportive services will be offered to all residents free of charge and will feature programming including educational children’s classes, financial literacy classes, nutritional and health classes & career growth classes for adults, as well as regularly scheduled social events. This project proposal is currently under review with the City of Denton; as a part of this process, we are reaching out to local stakeholders & community members to evaluate the level of support & need there is for this proposed development in your community. As your availability allows, we would like to schedule a meeting with your organization to formally present our development proposal with the goal of receiving any feedback or commentary. For any questions, comments, or to discuss scheduling a neighborhood meeting, I can be reached at aengstrom@overlandpg.com or on my cell at 785-212-0810. Best, April April Engstrom | Development Associate Overland Property Group 5341 W. 151st Terrace, Leawood, Kansas 66224 C: 785.212.0810 aengstrom@overlandpg.com | www.overlandpg.com 1381 36 TDHCA Self-Score Matrix 3f. DRAFT 12/15/21 11:20 AM QAP Reference Points Selected Concerted Revitalization Plan §11.9(d)(7) Community Support and Engagement Total 11 Criteria Promoting the Efficient Use of Limited Resources and Applicant Accountability Point Item Description Declared Disaster Area §11.9(d)(3)10 §11.9(d)(6) Quantifiable Community Participation §11.9(d)(4) Community Support from State Representative §11.9(d)(5) Input from Community Organizations Point Item Description QAP Reference Points Selected §11.9(d)(1)Local Government Support Commitment of Development Funding by Local Political Subdivision §11.9(d)(2)1 Proximity to Job Areas §11.9(c)(7)6 51Serve and Support Texans Most in Need Total Criteria Promoting Community Support and Engagement Efficient Use of Limited Resources and Applicant Accountability Total Point Deductions §11.9(f) Total Application Self-Score 132 Right of First Refusal §11.9(e)(7)1 Funding Request Amount §11.9(e)(8)1 53 §11.9(e)(6)0 Leveraging of Private, State, and Federal Resources §11.9(e)(4)3 Extended Affordability §11.9(e)(5)4 Historic Preservation §11.9(e)(3)6 Financial Feasibility §11.9(e)(1)26 Cost of Development per Square Foot §11.9(e)(2)12 Pre-application Participation Resident Supportive Services §11.9(c)(3)11 §11.9(c)(6)3 Opportunity Index §11.9(c)(4)0 Underserved Area §11.9(c)(5)5 Residents with Special Housing Needs Point Item Description QAP Reference Points Selected §11.9(c)(1)15Income Levels of Residents Rent Levels of Residents §11.9(c)(2)11 Unit, Development Construction, and Energy and Water Efficiency Features §11.9(b)(1)(B)9 Sponsor Characteristics §11.9(b)(2)2 17High Quality Housing Total Criteria to Serve and Support Texans Most In Need §11.9(b)(1)(A)6 Competitive Housing Tax Credit Selection Self-Score (10 TAC §11.9) This form will self-populate based on scoring selections made throughout the Application. Applicant should refer to this form to ensure scoring selections are accurate prior to submitting the Application. Corrections must be made in the applicable section(s) of the Application. Criteria Promoting Development of High Quality Housing Point Item Description QAP Reference Points Selected Unit Sizes 7 * 139 total with 7 Revitalization Plan points 1382 37 Tenant Population, Restrictions & Supportive Services 3g. ACCESS TO SUPPORTIVE SERVICES Overland Property Group (“OPG”) is proposing the development of a 72-unit mixed income multifamily community complimented by outdoors green space located at 1400 Teasley Lane in Denton, Texas. The apartment units at this community will be general occupancy workforce apartment units, with no applicable age limits. We except the residents of this community to consist of working-class families and individuals, with ranging annual income. This community will consist of 24 one-bedroom, 36 two-bedroom, and 12 three-bedroom, 100% of which would be financed utilizing 9% housing tax credits through the Texas Department of Housing and Community Affairs (“TDHCA”). These housing tax credit units will be available to households that earn between 30% and 60% of the Area Median Income (“AMI”). Income restrictions for these units will range from 30% – 60% of AMI, resulting in effective annual gross income limits ranging from $26,070 - $52,147. In addition, this development will include 7 market rate units. The table below summaries the proposed unit mix for the project: UNIT TYPE 30% AMI 50% AMI 60% AMI MARKET RATE 1 bedroom 3 9 11 1 2 bedroom 2 13 16 4 3 bedroom 1 4 5 2 Seldin Company will provide resident services on an ongoing basis (monthly, quarterly, annually). The majority of resident services are supervised or provided directly by the Property Managers, with reporting requirements directed to their Supportive Service Coordinator. They also work with outside organizations to ensure contract requirement are met and services are being provided consistently to our residents. Resident services range from hosting resident events, such as movie nights or potluck dinners, to providing classes on how to deal with chronic pain, financial education, and education on landlord tenant law. Services offered vary depending on needs of the resident population. 1383 38 Supportive Services (cont.) ACCESS TO SUPPORTIVE SERVICES The Reserves at Monarch will focus on housing families, with restrictions on income levels for 65 out of 72 units. The site will be near a wide range of supportive services that will ensure the financial success of its occupants and is within walking distance of a DFPS licensed Montessori school and a food pantry. Furthermore, the apartments are within Denton GoZone’s designated service area-- a public transportation service that will pick up residents at the site then drop off at any of the supportive services listed below. TENANT POPULATION Multi-family RESTRICTIONS Income-based restricted ORGANIZATION NAME ADDRESS DISTANCE (MI) Library South Branch Library 3228 Teasley Ln. 1.76 Food Security Kroger 1592 S Loop 288, Denton, 76205 1.7 Health Care Medical City Denton 3535 S Interstate 35, Denton, 76210 2.36 Health Care Kroger Pharmacy 1592 S Loop 288, Denton, 76205 1.7 School Sam Houston Elementary School 3100 Teasley Ln, Denton, TX 76205 1.56 School McMath Middle School 1900 Jason Dr, Denton, TX 76205 0.54 School Fred Moore High School 815 Cross Timber St, Denton, TX 76205 0.67 School Countryside Montessori 610 Dallas Drive, Denton, 76205 0.4 School University of North Texas 1155 Union Circle, Denton, 76203 1.73 Non-Profit/Food Security Meals on Wheels of Denton County All of Denton County Svc Area Non-Profit/Food Security Denton Freedom House Freedom Food Pantry 1123 Fort Worth Dr, Denton, TX 76205 0.86 Public facilities South Lakes Park 556 Hobson Lane, Denton, 76205 1.32 Public Transit Downtown Denton Transit Center Denton, TX 76205 1.12 Public Transit Denton GoZone Service Area 0.00 1384 39 Supportive Services (cont.) 1385 40 Unit Amenities 3h. ‣Energy-Star Dishwasher ‣Energy-Star ‣Self-cleaning ovens ‣Ice maker in refrigerator ‣Garbage disposals ‣Exhaust vents/fans to exterior ‣Energy Star rated ceiling fans in bedrooms ‣LED lighting ‣9 foot ceilings ‣Walk-in closets in master bedrooms ‣Knotty Adler cabinets ‣In-unit washer & dryer ‣Window treatments ‣Luxury LVT Flooring ‣Recessed built-in shelving UNIT AMENITIES 1386 41 Site Amenities 3h. DEVELOPMENT AMENITIES ‣Park-like recreation open space ‣Business center ‣4,000+ sq. ft. Clubhouse ‣Fitness center ‣On-site management ‣Media theater ‣Video surveillance ‣Supportive services classes ‣Covered pavilion ‣BBQ grills ‣Picnic tables ‣Furnished community room ‣Library with accessible sitting areas ‣Secured access to units ‣Horseshoe pit ‣Playground ‣Sport court ‣Dog park ‣Common area wifi ‣30 year architectural roofing ‣More than 30% stucco or masonry ‣Cementitious siding on all other building surfaces 1387 42 Quality of Design & Construction 3i. WE BUILD OUR COMMUNITIES TO LAST, USING THE MOST SUSTAINABLE MATERIALS AVAILABLE TO US The Reserves at Monarch will be constructed using the following sustainable materials & practices: ‣Construction waste recycling ‣Recycled glass ‣Engineered structural wood products ‣Fiber cement siding ‣Low/no VOC coatings ‣Native plant species landscaping SUSTAINABILITY ‣Lighting: Energy-Star rated lighting/ceiling fans in all units, recessed LED lighting, or LED lighting fixtures in kitchen and living areas. ‣Plumbing fixtures: Low water use. EPA WaterSense or equivalent toilets, shower heads, and faucets in all bathrooms. ‣Appliances: Garbage disposal, microwave, self-cleaning or continuous cleaning oven/range, Energy-Star rated refrigerator with ice-maker, and Energy-Star dishwasher. ‣Insulation: Thermal batt insulation at exterior walls, attic space, and perimeter windows and use of Sound batt insulation and vapor retarder. ‣HVAC: All areas of unit must have heating and air-conditioning. 12 SEER or as selected. 1388 43 Design & Construction (cont.) ELECTRICITY ‣Lighting: Exterior luminaries, wall pak, and pole mounted must comply with NFPA 70 requirements. LED luminaries UL 8750 recognized or listed as application; minimum of 50,000 hours at 70% lumen maintenance PLUMBING ‣Water quality: City or Utility standard. ‣Water lines: PECs and copper ‣Plumbing fixtures: Low water use. EPA WaterSense or equivalent toilets, showerheads, and faucets in all bathrooms. ‣Valves: Thermostatic mixing valves ‣Dishwashers: Energy-Star rated ‣Water Heaters: Automatic, electric, vertical storage; Tank: glass-lined welded steel, thermally insulated with one inch thick glass fiber, encased in corrosion-resistant steel jacket; baked-on enamel finish; automatic water thermostat with externally adjustable temperature range from 120 to 170 degrees F. ‣Garbage disposals: Energy-Star rated. HVAC Split-System heating and cooling units: self-contained, packaged, matched factory- engineered and assembled, pre-wired indoor and outdoor units; UL listed. ‣Cooling equipment – 12 SEER or as selected. Outdoor electric condensing unit with evaporator coil in central ducted indoor unit. ‣Heating equipment – Natural gas fired furnace: high efficiency condensing with piped combustion air and flue ‣Thermostats – Wall-mounted, electric solid state microcomputer based room thermostat with remote sensor to maintain temperature setting; low-voltage with automatic switching from heating to cooling. ‣Ventilation – Combustion air and vent connections in accordance with manufacturer’s recommendations. Exhaust/vent fans in bathrooms, vented to the outside. MOISTURE PROTECTION ‣All siding, building wrap, zip sheathing, window seals and fins, roof flashings, etc. per specification. 1389 44 Design & Construction (cont.) BUILDING EXTERIORS ‣Masonry – Manufactured stone veneer, manufactured brick veneer, manufactured stone trim, stucco, and application materials. ‣Roofing – 30-year asphalt shingle roof. Elastomeric Sheet Membrane conventional Roofing System. 20-year manufacturer’s weather tightness warranty. ‣Siding – Back-Drained and Ventilated (BD&V) Aluminum Composite Material (ACM) panel systems, Hardie Reveal Panels, Lap Siding, and James Hardie HZ5 Artisan V-Grove for Climate WINDOWS & DOORS ‣Unit entry doors – Non-rate, fire-rate, and thermally insulated Masonite HD Wood Edge panel doors with steel facing and metal frames. ‣Exterior doors – Patio Doors: Vinyl reinforced frame, hinged In-Swing patio doors with stationary panels or side lights as indicated. ‣Windows – Energy-Star rated vinyl-framed windows. Blinds or window coverings for all windows. Screens on all operable windows. UNIT INTERIORS ‣Cabinets – Cabinets to be made of hardwood plywood, AWI Premium Grade with plastic laminate. ‣Flooring – Ceramic floor tile installed using the thinset application method. Carpet: cut pile carpet with pad or integral backing. ‣Countertops – Plastic Laminate: high-pressure decorative laminate complying with NEMA LD 3. Particleboard not less than ¾ inch (19mm) thick LANDSCAPING & IRRIGATION ‣Landscaping – Seeding and sodding with full maintenance for not less than 1 year from date of Substantial completion. ‣Irrigation – Complete irrigation system includes but is not limited to pumps, piping, valves, sprinklers, heads, specialties, controls, and wiring for pumps and automatic control of the well pumps and irrigation system. 1390 45 Compatibility with City’s Comprehensive Plan 3j. FUTURE USE LAND MAP ‣This proposed development is located in an area shown as overlay of Commercial and Low Residential, but it right across the street from a very large Community Mixed-Use Land Use Area. The City’s Future Use Land Map is attached for reference. (See next page) DENTON COMPREHENSIVE PLAN 2030 After reviewing the Denton’s Comprehensive Plan 2030, we believe that our development will help to address the following concerns as identified and outlined by the City & its residents below by providing sustainably built, quality communities that are within a close proximity to a myriad of amenities. At Overland Property Group, our mission is to provide communities that their residents can feel proud to call home. ‣Pg. 8 - Denton Today •Denton Population was 113,383 in 2010 and is expected to double by 2030. Thus creating a huge need for additional housing. As of 2019, it was already up to 136,195, which is a 2% growth per year. •This creates a huge need for additional housing. As of 2019, it was already up to 136,195, which is a 2% growth per year. •The timeline for affordable housing development & construction is often underestimated. With a shortage of affordable housing as present as ever across the US, timeliness for mitigation is of the essence. •The Dallas-Fort Worth Metroplex is the 4th largest and fastest growing center in the US. ‣Pg 12 - Community Forum Concerns: •Top Challenges included failure to keep up with growth •Top weaknesses include a need for more housing options and social services •OPG works with our third-party management company, Seldin Company, to provide top tier social services to our residents, tailored to the needs of our community members. ‣Pg. 14 - Community Vision •The character of Denton includes high-quality development and commitment to environmentally conscious design. •In addition to using sustainable & durable quality materials, OPG will work with the City’s Planning & Zoning department, along with our environmental consultants & architects, to best address tree preservation for this site, with the shared goal of limiting tree & habitat disruption to the fullest extend we are able. •The People of Denton value being fair and offering equitable access to opportunities. •Sound Growth includes balanced and sustainable growth in high quality livable places that offer diverse choices among neighborhood settings. •Throughout Denton you see compact development patterns that included expanded areas of mixed use. 1391 §¨¦ ") ") ") §¨¦ §¨¦ £¤ £¤ !( §¨¦ §¨¦ £¤ ") £¤ !( ") §¨¦ ") !( £¤ ") £¤ £¤ ") §¨¦ ") £¤ §¨¦ ")I 35I35 WFM 1830I35E FM 2449 FM 156 NFM 11 7 3 N LOOP 288 FM 2164FM 156 SN I 3 5 E FM 2181FM 2450FM 2 1 5 3 S MAYHILL RDDA L L A S D R N EL M S T S LOCUST STN LOCUST STS LOOP 288I 35N LOOP 288S MAYHILL RDN LOCUST STN L O O P 2 8 8I 35N LOOP 288N EL M S TI 35FM 2450I35 WFM 2181 N LOOP 288 FM 1173 I35 WFM 24 4 9 I35 WI35 WI35 E N LOOP 288 I35 EN LOCUST STFM 156 NFM 1173 I35 WFM 2181 N EL M S TFM 156 NFM 2450FM 1173 N LOOP 288S MAYHILL RDI35EN ELM ST1515 1830 2164 2164 Union PacificKansas C i ty Sou the rnBurlington Northern / Santa Fe2181 2449 288 288 288 377 377 380 380 380 426 426 428 428 77 77 77 I35 I35 I35E I35E I35E I35W I35W I35W Corinth Argyle Krum Northlake Shady Shores Hickory Creek Copper Canyon Ponder Highland Village 0 1 20.5 Miles ¯ Source: City of Denton, November 3, 2014Ordinance No: 2015-026 FUTURE LAND USE MAP Legend Major Roads Future Roadway Proposed Lakeview - Post Oak Municipal Boundary Surrounding Municipalities ETJ MPC Boundary Future Land Use Designations Residential Rural Areas Low Residential Moderate Residential Mixed Use Downtown Denton Downtown Compatibility Area Regional Mixed-Use Community Mixed-Use Neighborhood Mixed-Use Neighborhood / University Compatibility Area Business Innovation Non-Residential Commercial Industrial Commerce Government / Institutional Parks / Open Space L a k e L e w i s v i l l e L a k e L e w i s v i l l eFM 2164FM 2153FM 455 E FM 2 1 5 3FM 2153FM 2153FM 2153 FM 455 EL a k e R a y R o b e r t s Sanger AubreyNorth Denton Area Inset See North Denton Area Inset Map Revised June 19, 2017 1392 46 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 16 - Growth Trend Scenarios •Denton has a higher proportion of single-person households •The population of Denton is fairly young. The 18-24 age cohort was 25% of the population from 2000-2010, but there is a shift happening now to an increase in older adults •These demographic shifts involve changes in housing preferences that Denton’s housing market does not meet today, such as more multi-family housing and units for singles, young families and retired baby boomers. •While this development will have a multifamily designation, an average of 30% of residents will be senior citizens. ‣Pg. 17 - Table 1.2 & Table 1.3 •By 2030 Denton will add approximately 94,000 people, requiring 37,000 additional new housing units •Of those 37,000 units, based on demand, 12,254 of those will need to be Multi-Family Housing. 1393 47 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 19 •The Susceptibility of Change analysis allocated 16,061 acres (both residential and non) of new development in the areas that were most suitable based on many factors including: vacant or underutilizes areas, areas adjacent to corridors currently being upgraded (i.e. Teasley Rd.), and areas likely to redevelop. •Current Denton growth was showing a sprawling pattern. However, the Community Vision statement helped to express a desire for development patterns, namely a preference from more impact growth, mixed use, and revitalization in the urban core. ‣Pg. 20 - Figures 1.3-1.6 Alternative Growth Scenarios (see next page) •Each alternate scenario included an increased proportion of multi-family development relative to single-family development. ‣Pg. 23 – Preferred Growth Concept •After allowing the community members to vote at forums, the Compact Scenario received the highest number of votes. This scenario shows a significantly higher amount of Multi-family housing, and even some high-density multi-family housing, than they other scenarios. •The lowest voting for the Growth Trend scenario (the projected sprawl) indicated a preference for more compact and purposeful pattern of growth clustered around distinct locations. •Reflects priorities for development including walkability, trails, more mixed use, jobs close to home or accessible by transit and expanded housing options. ‣Pg. 33 – Land Use Overview •The historic trend of land use pattern included much greenfield development driven by market forces and road and infrastructure construction. This trend has resulted in a land use pattern that has tended to further extend distances between where people live, work and shop, resulting in a rate of land consumption and “spreading out” which is faster than the underlying growth of the population, producing an unsustainable trend that is costly for the city and taxpayers alike. •Suburban expansion has caused in-town neighborhoods and commercial areas to suffer dis-investment and decline and are in need of renewal. •We believe that development begets development - bringing new life into these neighborhoods can often times be seen as a catalyst for further growth. ‣Pg. 35 – Existing Land Use •Residential is the largest developed land use category, however, only 10% of that residential land use is multi-family, with 80% being single-family. Exhibiting a lack of housing variety and options. •Table 2.1 – of existing land use, multi-family is only 1.7% •14% of the city’s land use area is identified as “Undeveloped” and is land with not structures that does not have an associated use and is generally not protected from development. •The mixed-use areas tend to follow the downtown areas and the radiating corridors. 1394 48 Compatibility with City’s Comprehensive Plan (cont.) 2020 page 1 DENTON PLAN 2030 FIGURE 1.3 Growth Trend Scenario FIGURE 1.4 Corridors Growth Scenario FIGURE 1.6 Compact Growth ScenarioFIGURE 1.5 Centers Growth Scenario 1395 49 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 33 - Existing Land Use (cont.) ‣Pg. 38 – Goal Land Use 1 = Grow Compactly •In General, the Future Land Use Map (FLUM) should serve as a guide in making development and re-zoning decisions. •2.3.1 Create additional mixed-use zoning districts and/or overlay districts to achieve consistency with the mixed-use development on the FLUM ‣Pg. 39 – Goal Land Use 2 = Grow with Purpose: Achieve re-investment, revitalization and redevelopment of key growth centers and corridors •Encouraging Compact Growth at Centers and Corridors – these areas focus on mixed-use development that increases density and activity at key locations. ‣Pg. 42 – Goal Land Use 3 = Grow Assets: Maintain and Strengthen Neighborhoods, Commercial and Employment areas. •City should take every opportunity to ensure that as gaps in the neighborhood fabric occur, infill development, that is development of vacant of deteriorated properties will be encouraged, complimenting the scale and character of the neighborhood. •Infill development also creates opportunity for more compact forms of development and affordable housing options. 1396 50 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 42 – Goal Land Use 3 = Grow Assets: Maintain and Strengthen Neighborhoods, Commercial and Employment areas. (Cont.) •Some existing neighborhoods may tend to fear or resist the introduction of new housing types. Such concerns much be addressed by carefully examining how and where such uses can be introduced carefully within neighborhoods and in transitional areas, particularly along higher volume roadway corridors where single-family homes are longer desirable. •We have extended offers to surrounding neighborhood groups to hold meetings to ensure that we are listening to the needs of the current current, surrounding residents so that we can work diligently to address any concerns. ‣Pg. 52 – Goal Land Use 5 = Grow with Character: Promote Development with Enhances Community Character and Functionality •To ensure that this distinct character is retained, a series of policies and actions proposed a comprehensive review of the city’s development standards influencing both development quality and character, including architectural and landscape character. •We don’t think of our apartments as just apartments - instead, we build developments that include ample, shared common & green space, and amenities that provide residents with a sense of community and belonging. We want our communities to convey quality, durability, and character. ‣Pg. 53 – Goal Land Use 6 = Grow with Balance: Establish land use designations that respond to the growing needs and character specifications of the Denton Community. •The Future Land Use Map (FLUM) reflects new patterns to accommodate projected growth in population, but also to do so in creative ways that result in a more sustainable pattern, including greater use of mixed-use and targeted re-use and revitalization of designated centers and corridors. •Residential – Moderate Density – This land use applies to areas within the central areas of Denton and transition areas between established single-family neighborhood and mixed-use or commercial areas that can accommodate greater density, or adjacent to key corridors. •Future Multi-family dwellings and townhomes should maintain a scale, style, and building orientation in order to complement the prevailing character of its surroundings. •New residential development should be organized to promote walkability, including sidewalks, and ideally should locate all residences a five to ten minute walk from neighborhood-serving retail and other amenities such as parks and schools. •Community Mixed-Use – This designation is intended to promote a mix of uses. •The intend is to encourage infill and redevelopment for more diverse and attractive mis of uses over time. •Diverse uses shall be located in close proximity to one another so that all uses are accessible from a single stop or by walking or bicycling. 1397 51 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 72 – Goal Fiscal & Economic Vitality 1 = Ensure the long-term financial stability of the city with fiscally responsible policies and actions. •Partner and collaborate with developers to provide sufficient workforce housing to meet market demands and diversify housing choices. •Our unit mix designations and rents are specifically catered to the City’s needs, using a Market Analysis to best cater to the specific needs of the community. ‣Pg. 90 – Infill Development/Redevelopment: There is a community desire to encourage fill development and redevelopment as a means to slow outward growth, to create vibrancy in commercial districts, and to reinvest and stabilize certain districts and neighborhoods. •Infill development takes advantage of existing public infrastructure like parks, streets, water, and utilities by focusing growth in vacant or underutilized property. •Infill absorbs growth in already built districts close to services and amenities, requiring that fewer facilities be built in the future. •Properly designed infill and redevelopment projects restore continuity to a neighborhood, often increasing property values of adjacent properties and surrounding neighborhoods. •This proposed development creatively uses unused, vacant land within the City to address the affordable housing shortage, while not widening the City spread. ‣Pg. 90 – Residential Diversity •Encouraging smaller residential units built closer to existing services and amenities lessens the need for costly capital expansion, and provides a better array of housing options for the growing workforce. •Increasingly the workforce is looking for smaller units in live/work/play districts providing direct access to the cultural amenities of vibrant communities. •With 2 growing universities, Denton’s housing stock must accommodate a young and mobile population with affordable housing options. •The city must actively collaborate and partner with developers to provide market feasible projects that offer the range of housing, workspace and community options desired by the community and workforce. •3.12 Encourage more dense development to increase market feasibility and create vibrancy ‣Pg. 92 – Goal Fiscal & Economic Vitality 6: Ensure that new development pays its fair and proportional share of the cost to maintain currents levels of services such as public safety, parks and recreation, streets and utilities. •Work with developers to share the cost of necessary public service investments •Partner with developers to adopt regulations that implement streetscape design features like minimal curb cuts, buffered on-street parking, larger sidewalks with bump-outs, and on-street striping of bicycle lanes and cross-walks, to create vibrant and safe development districts. •Partner with developers to adopt regulations that secure parks and open space in all new residential and commercial centers to ensure adequate green space and multi- modal connections between developments. 1398 52 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 95 – Community Character and Urban Design Overview •Denton has become a destination within the DFW Metroplex and Texas for those in search of an authentic, diverse, affordable and livable place. •Key Characteristics of Denton: Iconic courthouse and Square, its welcoming and walkable Downtown Core, its historic areas with turn-of-the-century estates, its diverse neighborhoods, and its funky, artsy culture. •Elements of this concept include: Encouraging high quality development that will respect and enhance the character and pride of Denton. ‣Pg. 115 – Urban Design includes the design of streets and publicly visible areas (public realm). High quality urban design is a fundamental requirement to attract long-term, high-quality investment and jobs. ‣Pg. 116 – Goal Community Character 4 = Create Character: Achieve exemplary urban design in future and existing development throughout Denton’s neighborhoods, center and land uses. •Denton’s identity will be strengthened in the future by enhancing the aesthetic qualities of its build environment, public realm, and creating distinction amount places and neighborhoods. •Use of the Urban Design Plan, which is consistent with revised future land use designations and urban design goals and provides a citywide approach to visual quality and image. •OPG caters our community designs to best compliment the City they're developed in. We’re no stranger to working in cities with discerning & specific design requirements. In the spring, we will construction will commence on our third affordable development in Steamboat Springs, CO, a high-end mountain resort town, which is a testament to our design standards and collaborative nature with the cities we partner with. ‣Pg. 118 – Figure 4.1 – Focus Areas Concept - this development is located within the City’s targeted focus area. (please see next page) ‣Pg. 119 – Design of the Public Realm Key Factors. •Our engineers & architect will work with City staff to ensure our development makes the best use of any adjacent pedestrian amenities, and will comply with Denton’s tree, landscape, and design criteria. •Ensure that new development addresses established pedestrian and bicycle networks and provides for additional connectivity to further foster pedestrian and bicycle mobility •Ensure that trees and landscaping are included in all roadway standards and site design criteria to recognize their aesthetic and environmental contribution to the city and enhancements of the tree canopy. ‣Pg. 197 – Housing and Neighborhoods •Expand the availability of affordable housing choices for community members most in need of housing, including those with low incomes and special needs 1399 53 Compatibility with City’s Comprehensive Plan (cont.) 1400 54 Compatibility with City’s Comprehensive Plan (cont.) ‣Pg. 198 – Senior housing •Expand the availability for housing choices for existing and potential community members most in need of housing, including seniors. •Encourage the development of options for senior housing and housing for persons with disabilities with a variety of unit types and cost choices, including ADA- accessible and active adult settings. ‣Pg. 199 – Housing variety •Demographic shifts are currently underway and are beginning to change housing preferences: retired empty-nesters, Baby Boomers, and Millennials, increasingly prefer smaller, apartments, condos, lofts and townhomes in compact walkable locations. •Denton currently has a large supply of apartments, much of which is older, poorly designed, and not properly maintained. Consequently, there is a need to promote development of a broader array of higher-quality housing options including mid- rise apartments. ‣Pg. 215 – Community Health, Safety and Services •Put people first: Design communities that put community health first and consider health impacts ahead of time. •Recognize the Economic Value: changing lifestyle preferences indicate that walkable, mixed-use and transit-rich communities are more highly valued and create economic engines in cities. •Energize Shared Spaces: activation of the public realm enlivens communities and provides additional opportunities for physical activity and community interaction in the outdoors. •Make healthy Choices Easy: ensure that environments are safe so that making healthy choices will not be discouraged by perceptions of safety. •Ensure equitable access: design for all ages and abilities, focus on safe and accessible routes. Address all modes and transportation users. 1401 55 FINANCIAL NARRATIVE & ATTACHMENTS SECTION 4 1402 56 Proforma 4a. 1403 RAD Bond Deal:NoIdentity of Interest:No NRA Units 59,808 72 Acquisition New/Rehab.Historic ACQUISITION: Site acquisition cost 625,000$ Existing building acquisition cost Subtotal Acquisition Cost 625,000$ -$ -$ -$ 3.81%10.45$ 8,681$ OFF-SITES: Off-site concrete Storm drains & devices Water & fire hydrants Off-site utilities Sewer lateral(s) Off-site paving Off-site electrical potential off-site cost 40,000$ Subtotal Off-Sites Cost 40,000$ -$ -$ -$ SITE WORK: Demolition 37,500$ Asbestos Abatement (Demo Only) Detention -$ Rough Grading 232,000$ 232,000$ Fine grading 180,000$ 180,000$ On-site concrete 87,200$ 87,200$ On-site electrical 180,000$ 180,000$ On-site paving 208,000$ 208,000$ On-site utilities 180,000$ 180,000$ Decorative masonry -$ Bumper stops, striping & signs 24,000$ 24,000$ mobilization 36,000$ 36,000$ 15,656$ - Eligible Subtotal Site Work Cost 1,164,700$ -$ 1,127,200$ -$ 7.10%19.47$ 16,176$ - Total SITE AMENITIES: Landscaping 160,000$ 160,000$ Pool and decking -$ Athletic court(s), playground(s)28,000$ 28,000$ Fencing 32,000$ 32,000$ Subtotal Site Amenities Cost 220,000$ -$ 220,000$ -$ BUILDING COSTS: Concrete 411,860$ 411,860$ Masonry 257,988$ 257,988$ Metals 197,712$ 197,712$ Woods and Plastics 1,712,512$ 1,712,512$ Thermal & Moisture Protection 532,956$ 532,956$ Roof Covering -$ -$ Doors and Windows 401,695$ 401,695$ Finishes 1,299,187$ 1,299,187$ Specialties 61,082$ 61,082$ Equipment 163,744$ 163,744$ Furnishings 210,290$ 210,290$ Special Construction 112,822$ 112,822$ Conveying Systems (Elevators)115,460$ 115,460$ Mechanical (HVAC; Plumbing)1,366,267$ 1,366,267$ Electrical 716,807$ 716,807$ Detached Community Buildings Carports and/or Garages Lead-Based Paint Abatement Asbestos Abatement Structured Parking Commercial Space Costs Subtotal Building Costs 7,560,382$ -$ 7,560,382$ -$ 46.10%126.41$ 105,005$ - Total Building Cost Voluntary Total Voluntary per sf Scoring Limit Elect Points 5,297,195$ 88.57$ 88.58$ 12 8,945,082$ -$ 6,644,395$ -$ 54.54%149.56$ 124,237$ - Total Building Cost & Site Work Contingency (7-10%)7.00%628,956$ 465,108$ 7.00%628,956$ max 465,108$ TOTAL HARD COSTS 9,614,037$ -$ 7,109,502$ -$ OTHER CONSTRUCTION COSTS: General requirements (<6%)6.00%576,842$ 426,570$ 6.00% Field supervision (within GR limit) Contractor overhead (<2%)2.00%192,281$ 142,190$ 2.00% G & A Field (within overhead limit) Contractor profit (<6%)6.00%576,842$ 426,570$ 6.00% TOTAL CONTRACTOR FEES 1,345,965$ -$ 995,330$ -$ 1,345,965$ max 995,330$ 10,960,003$ -$ 8,104,832$ -$ 66.83%183.25$ 152,222$ - Total Hard Cost (with contingency but not including bonds or ffe) Total Cost Total Cost Summary Eligible Basis TOTAL BUILDING COSTS & SITE WORK TOTAL CONSTRUCTION CONTRACT VOLUNTARY ELIGIBLE BUILDING COST DEVELOPMENT COST SCHEDULE % of Total Cost Per Square Foot Per Unit HIGH COST DEVELOPMENT 1404 66.83%175.47$ 147,951$ - Total Hard Cost (not including contingency but includes bonds & ffe) Voluntary Total Voluntary per sf Scoring Limit Elect Points -$ -$ SOFT COSTS: Architectural - Design fees 300,000$ 300,000$ Architectural - Supervision fees 75,000$ 75,000$ Engineering fees 125,000$ 125,000$ Real estate attorney/other legal fees 100,000$ 100,000$ Accounting fees 45,000$ 45,000$ Impact fees 113,471$ 113,471$ Building permits & related costs 179,136$ 179,136$ Appraisal 7,500$ 7,500$ Market analysis 8,000$ 8,000$ Environmental assessment 15,000$ 15,000$ Soils report 9,900$ 9,900$ Survey 10,200$ 10,200$ Marketing 15,000$ Hazard & liability insurance 34,091$ 34,091$ Real property taxes 52,513$ 52,513$ Personal property taxes Tenant relocation expenses FFE 72,000$ 72,000$ Other (Bldr's Risk, GL, Comp Ops Ins)158,267$ 158,267$ -$ Subtotal Soft Cost 1,320,077$ -$ 1,305,077$ -$ 8.05%22.07$ 18,334$ FINANCING: CONSTRUCTION LOAN Interest 639,148$ 639,148$ 958,723$ max 639,148$ Loan origination fees 46,519$ 46,519$ Title & recording fees 110,000$ 110,000$ Closing costs & legal fees 55,000$ 55,000$ Inspection fees 35,000$ 35,000$ Credit Report Discount Points -$ -$ PERMANENT LOAN Loan origination fees 46,519$ Title & recording fees Closing costs & legal Bond premium Credit report Discount points Credit enhancement fees Prepaid MIP BRIDGE LOAN Interest Loan origination fees Title & recording fees Closing costs & legal fees OTHER FINANCING COSTS Tax credit fees 54,000$ Tax and/or bond counsel Payment bonds Performance bonds 91,177$ 91,177$ Credit enhancement fees Mortgage insurance premiums Cost of underwriting & issuance Syndication organizational cost 35,000$ Tax opinion Contractor Guarantee Fee Developer Guarantee Fee Subtotal Financing Cost 1,112,364$ -$ 976,845$ -$ 6.78%18.60$ 15,449$ DEVELOPER FEES: Housing consultant fees 207,500$ 207,500$ General & administrative Profit or fee 1,726,193$ 1,350,513$ Subtotal Developer's Fees 15.00%1,933,693$ -$ 1,558,013$ -$ 15.00%1,933,693$ max 1,558,013$ RESERVES: Rent-up - new funds Rent-up - existing reserves* Operating - new funds 449,557$ Operating - existing reserves* Replacement - new funds Replacement - existing reserves* Escrows - new funds Escrows - existing reserves* Subtotal Reserves 449,557$ -$ -$ -$ 449,557$ max TOTAL HOUSING DEVELOPMENT COSTS 16,400,694$ -$ 11,944,767$ -$ 100.00%274.22$ 227,787$ VOLUNTARY ELIGIBLE HARD COST INCLUDING ACQUISITION COST IN BASIS (REHAB ONLY) 1405 General & Administrative Expenses Accounting $7,244 Advertising $9,632 Legal fees $5,719 Leased equipment $- Postage & office supplies $4,575 Telephone $3,431 Other $ Other $ Total General & Administrative Expenses:30,600$ Management Fee:5.00%38,267 Payroll, Payroll Tax & Employee Benefits Management $44,461 Maintenance $27,520 Other $18,019 Other $ Total Payroll, Payroll Tax & Employee Benefits:90,000$ Repairs & Maintenance Elevator $1,909 Exterminating $1,838 Grounds $18,562 Make-ready $10,209 Repairs $14,282 Pool $ Other $ Other $ Total Repairs & Maintenance:46,800$ Electric $14,400 Natural gas $ Trash $ Water & sewer $43,200 Other $ Other $ Total Utilities:57,600$ Annual Property Insurance:Rate per net rentable square foot:$0.57 34,091 Property Taxes: Published Capitalization Rate:7.75%Source: Annual Property Taxes:$105,025 Payments in Lieu of Taxes:$ Other Taxes $ Other Taxes $ Total Property Taxes:105,025$ Reserve for Replacements:Annual reserves per unit:$250 18,000$ Other Expenses Cable TV $ Supportive service contract fees $ TDHCA LIHTC Compliance fees $2,600 TDHCA HOME Compliance fees (only if no HTC)$ Security $ Other $ Other $ Total Other Expenses:2,600$ TOTAL ANNUAL EXPENSES Expense per unit:$5,875 422,983$ Expense to Income Ratio:55.27% NET OPERATING INCOME (before debt service)342,362$ Annual Debt Service $285,302 $- $- $- 1.200 NET CASH FLOW 57,060 Denton ANNUAL OPERATING EXPENSES Utilities benefits/payroll taxes Debt Coverage Ratio: TDHCA 1406 INCOME LEASE-UP YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15 POTENTIAL GROSS ANNUAL RENTAL INCOME 818,760$ 835,135$ 851,838$ 868,875$ 886,252$ 903,977$ 922,057$ 940,498$ 959,308$ 978,494$ 998,064$ 1,018,025$ 1,038,386$ 1,059,153$ 1,080,336$ Secondary Income 8,640$ 8,813$ 8,989$ 9,169$ 9,352$ 9,539$ 9,730$ 9,925$ 10,123$ 10,326$ 10,532$ 10,743$ 10,958$ 11,177$ 11,400$ POTENTIAL GROSS ANNUAL INCOME -$ 827,400$ 843,948$ 860,827$ 878,043$ 895,604$ 913,516$ 931,787$ 950,423$ 969,431$ 988,820$ 1,008,596$ 1,028,768$ 1,049,343$ 1,070,330$ 1,091,737$ Provision for Vacancy & Collection Loss 62,055$ 63,296$ 64,562$ 65,853$ 67,170$ 68,514$ 69,884$ 71,282$ 72,707$ 74,161$ 75,645$ 77,158$ 78,701$ 80,275$ 81,880$ Rental Concessions -$ EFFECTIVE GROSS ANNUAL INCOME $0 $765,345 $780,652 $796,265 $812,190 $828,434 $845,003 $861,903 $879,141 $896,724 $914,658 $932,951 $951,610 $970,643 $990,055 $1,009,856 EXPENSES General & Administrative Expenses 30,600$ 31,518$ 32,464$ 33,437$ 34,441$ 35,474$ 36,538$ 37,634$ 38,763$ 39,926$ 41,124$ 42,358$ 43,628$ 44,937$ 46,285$ Management Fee 38,267$ 39,033$ 39,813$ 40,610$ 41,422$ 42,250$ 43,095$ 43,957$ 44,836$ 45,733$ 46,648$ 47,581$ 48,532$ 49,503$ 50,493$ Payroll, Payroll Tax & Employee Benefits 90,000$ 92,700$ 95,481$ 98,345$ 101,296$ 104,335$ 107,465$ 110,689$ 114,009$ 117,429$ 120,952$ 124,581$ 128,318$ 132,168$ 136,133$ Repairs & Maintenance 46,800$ 48,204$ 49,650$ 51,140$ 52,674$ 54,254$ 55,882$ 57,558$ 59,285$ 61,063$ 62,895$ 64,782$ 66,726$ 68,727$ 70,789$ Electric & Gas Utilities 14,400$ 14,832$ 15,277$ 15,735$ 16,207$ 16,694$ 17,194$ 17,710$ 18,241$ 18,789$ 19,352$ 19,933$ 20,531$ 21,147$ 21,781$ Water, Sewer & Trash Utilities 43,200$ 44,496$ 45,831$ 47,206$ 48,622$ 50,081$ 51,583$ 53,131$ 54,724$ 56,366$ 58,057$ 59,799$ 61,593$ 63,441$ 65,344$ Annual Property Insurance Premiums 34,091$ 35,113$ 36,167$ 37,252$ 38,369$ 39,520$ 40,706$ 41,927$ 43,185$ 44,480$ 45,815$ 47,189$ 48,605$ 50,063$ 51,565$ Property Tax 105,025$ 108,176$ 111,421$ 114,764$ 118,207$ 121,753$ 125,405$ 129,168$ 133,043$ 137,034$ 141,145$ 145,379$ 149,741$ 154,233$ 158,860$ Reserve for Replacements 18,000$ 18,540$ 19,096$ 19,669$ 20,259$ 20,867$ 21,493$ 22,138$ 22,802$ 23,486$ 24,190$ 24,916$ 25,664$ 26,434$ 27,227$ Other Expenses:2,600$ 2,678$ 2,758$ 2,841$ 2,926$ 3,014$ 3,105$ 3,198$ 3,294$ 3,392$ 3,494$ 3,599$ 3,707$ 3,818$ 3,933$ TOTAL ANNUAL EXPENSES $0 422,983$ 435,290$ 447,958$ 460,998$ 474,422$ 488,241$ 502,466$ 517,109$ 532,182$ 547,699$ 563,673$ 580,117$ 597,044$ 614,470$ 632,409$ NET OPERATING INCOME $0 342,362$ 345,362$ 348,307$ 351,192$ 354,012$ 356,762$ 359,437$ 362,032$ 364,541$ 366,959$ 369,278$ 371,494$ 373,598$ 375,585$ 377,447$ DEBT SERVICE 1st Lien:285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 285,302$ 2nd Lien:-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3rd Lien:-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ MIP: Other: NET CASH FLOW $0 57,060$ 60,060$ 63,005$ 65,890$ 68,710$ 71,460$ 74,135$ 76,730$ 79,240$ 81,657$ 83,976$ 86,192$ 88,296$ 90,283$ 92,145$ Debt Coverage Ratio #DIV/0!1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.29 1.30 1.31 1.32 1.32 Other (Describe)Other (Describe) 15 Year Rental Housing Operating Proforma 1407 HTC Units HOME Units (Rent/Inc) HTF Units MRB Units Other Subsidy # of Units # of Bedrooms # of Baths Unit Size (NRA)Total NRA HOME Rent Limit HTC Rent Limit Tenant Paid Utility Allow. Max Rent Allowed Rent Collected Total Monthly Rent (A)(B)(A) x (B)(E)(A) x (E) TC 30%3 1 1 662 1,986 500$ 84$ 416$ 416$ 1,248 TC 50%9 1 1 662 5,958 834$ 84$ 750$ 750$ 6,750 TC 60%11 1 1 662 7,282 1,001$ 84$ 917$ 917$ 10,087 MR 1 1 1 662 662 1,001$ 1,001 TC 30%3 2 2 865 2,595 600$ 107$ 493$ 493$ 1,479 TC 50%13 2 2 865 11,245 1,001$ 107$ 894$ 894$ 11,622 TC 60%16 2 2 865 13,840 1,201$ 107$ 1,094$ 1,094$ 17,504 MR 4 2 2 865 3,460 1,201$ 4,804 TC 30%1 3 2 1,065 1,065 694$ 131$ 563$ 563$ 563 TC 50%4 3 2 1,065 4,260 1,157$ 131$ 1,026$ 1,026$ 4,104 TC 60%5 3 2 1,065 5,325 1,389$ 131$ 1,258$ 1,258$ 6,290 MR 2 3 2 1,065 2,130 1,389$ 2,778 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 72 59,808 68,230 RENT SCHEDULE TOTAL 1408 TDHCA cbot cbot hudson Debt 30 HOME 2.50%0.00% Construction Loan 4.95%$13,000,000 -$ 35 4,651,915$ Permanent Loan 5.10% SOURCES AND USES Loan/Equity Amount Interest Rate (%) Amort - ization Term (Yrs) Syndication Rate -$ Lien Position Loan/Equity Amount Interest Rate (%) Financing Participants Funding Description Construction Period Lien Position Permanent Period Third Party Equity Soft Loan -$ HTC $1,251,447 1,698,669$ 11,324,461$ 0.905 Fed Hist $0 Grant Matching Funds -$ State Hist $0 -$ In-Kind Contribution Deferred Developer Fee Deferred Fee 966,847$ 424,318$ Other Total Uses of Funds 16,400,694$ Total Sources of Funds 15,665,516$ 16,400,694$ 1409 57 Annual Partner Audit 4b. Overland Property Group does not conduct annual partner audits. Partner financial statements are available by request. Taxable Status 4c. This development is not seeking tax exempt status, and will pay property taxes. 1410 OVERLANDPG.COM KC OFFICE 5341 W. 151st Terrace Leawood, Kansas 66224 (913) 396-6310 SALINA OFFICE 254 N Santa Fe Ave, Suite A Salina, KS 67401 (785) 371-1663 1411 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING OVERLAND PROPERTY GROUP, LLC’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE RESERVES AT MONARCH APARTMENTS TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN AN AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Overland Property Group, LLC ("Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located at approximately 1400 Teasley Lane Denton, Texas 76205 to be named The Reserves at Monarch Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit A (the " Fee Reduction Letter"), committing to provide a development fee reduction in an amount not to exceed $ 500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. As provided in 10 Texas Administrative Code § 11.101(a)(3) of the Qualified Allocation Plan, it is hereby acknowledged that the Project is located in a census tract that has a poverty rate above 40% for individuals. SECTION 3. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 4. The City affirms its commitment to provide Applicant with fee reductions in a total amount of $500.00 in connection with the development of the Project conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing 1412 development plan approvals for the Project, including any required zoning approvals, from the City. SECTION 5. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. SECTION 6. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 7. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 1413 Exhibit A City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 April Engstrom, Development Associate Overland Property Group 5341 W. 151st Terrace Leawood, Kansas 66224 RE: Commitment of Development Funding by Local Political Subdivision for Overland Property Group, LLC for the proposed new construction of The Reserves at Monarch Apartments located at approximately 1400 Teasley Lane Denton, Texas 76205, in Denton, City of Denton, Denton County, Texas Dear Mr. Engstrom, The City affirms commitment to Overland Property Group, LLC (the Applicant) for The Reserves at Monarch Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1414 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 April Engstrom, Development Associate Overland Property Group 5341 W. 151st Terrace Leawood, Kansas 66224 RE: Commitment of Development Funding by Local Political Subdivision for Overland Property Group, LLC for the proposed new construction of The Reserves at Monarch Apartments located at approximately 1400 Teasley Lane Denton, Texas 76205, in Denton, City of Denton, Denton County, Texas Dear Mr. Engstrom, The City affirms commitment to Overland Property Group, LLC (the Applicant) for The Reserves at Monarch Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1415 Reserves at Monarch9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.1416 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1702COMMUNITY SERVICES1417 FEBRUARY 01, 2022 ‐ ID 22‐1703MAPProject Location Map1400 Teasley Lane Denton, Texas 76205COMMUNITY SERVICES1418 FEBRUARY 01, 2022 ‐ ID 22‐1704MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius Map1400 Teasley Lane Denton, Texas 762051419 FEBRUARY 01, 2022 ‐ ID 22‐1705COMMUNITY SERVICES±2.438 ACRESCURRENT ZONING: o(SC) Suburban Corridor. Specific Use Permit (SUP) required and use‐specific standards apply.TAX STATUS: oThe property will be paying property taxes.PROJECTRESERVES AT MONARCH1420 INCOME RESTRICTIONS:earning between 30% and 60% AMI.PROJECTED UNITS/RENTS:FEBRUARY 01, 2022 ‐ ID 22‐1706COMMUNITY SERVICESPROJECTRESERVES AT MONARCH1421 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1707COMMUNITY SERVICES1422 1423 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-171,Version:1 Consider approval of a resolution of the City of Denton supporting Saigebrook Development,LLC and/or O- SDA Industries,LLC’s 9%housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Zeisel Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™1424 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Community Services CM/ DCM/ ACM: Sara Hensley, Interim City Manager DATE: February 1, 2022 SUBJECT Consider approval of a resolution of the City of Denton supporting Saigebrook Development, LLC and/or O-SDA Industries, LLC’s 9% housing tax credit application to the Texas Department of Housing and Community Affairs for the proposed new construction of The Zeisel Apartments to provide affordable rental housing; committing to provide fee reductions in an amount of $500.00; and providing an effective date. BACKGROUND The Texas Department of Housing and Community Affairs (TDHCA) offers a Housing Tax Credit program as one of the primary means of directing private capital toward the development and preservation of affordable rental housing for low-income households. Typical projects include apartment complexes, rental townhomes, mixed-income and mixed-use properties, supportive housing for those with special needs, and independent living facilities for seniors. There are two types of Housing Tax Credit (HTC) programs available: a 4% (non-competitive) and a 9% (competitive) program. Both programs have unique features and rules; however, in general, current policy from the TDHCA for 9% includes a scoring item that developers receive resolutions of support or no objection from the municipality in which the project is located. For the 4% program, there are threshold documents requiring that developers receive resolutions of no objection from the municipality in which the project is located. The tax credits are awarded to eligible participants and provide a source of equity financing for the development of affordable housing. Investors in qualified affordable multifamily residential developments can use the HTCs as a dollar-for-dollar reduction of federal income tax liability. The 9% tax credit tends to generate about 70% of a development’s equity while a 4% tax credit will generate about 30% of a development’s equity. Additionally, 4% tax credits are primarily for those projects seeking financing through tax-exempt private activity bonds. The Non-Competitive (4%) Housing Tax Credit program is coupled with the Multifamily Bond Program when the bonds finance at least 50% of the cost of the land and buildings in the Development. There is a limit to the amount of 9% tax credits allocated each year from the federal government therefore the demand for 9% tax credits exceeds the supply in the competitive 9% program. The value associated with the HTCs allows housing to be leased to qualified families at below market rate rents. To meet the City of Denton housing and development objectives, it is the City’s policy to review projects requesting support for proposed Housing Tax Credits (HTC). Such analysis will determine if the project(s) comply with the principles and policies found in the City’s Denton 2030 Plan, the 5-Year Consolidated Plan City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 1425 for Housing and Community Development, as well as various other master, strategic, and redevelopment or neighborhood plans, adopted by the City of Denton. The goal of this analysis is to (a) establish if HTC projects merit local support, and (b) prioritize HTC submissions if more than a single proposal is received during an evaluation period. Community Services serves as the City’s primary staff and point of contact for all HTC programs. Developers seeking consideration by the City of Denton for either a Resolution of Support or a Resolution of No Objection, for an HTC from TDHCA must submit a request for support using the City Council approved HTC Application. DISCUSSION The City has received an application seeking a Resolution of Support for a 9% Housing Tax Credit application to TDHCA for new construction (Exhibit 2). The application request for the Resolution of Support will be presented for City Council consideration at the February 1, 2022 meeting where public comment may also be made on the proposed application in accordance with Texas Government Code, §2306.67071(b). TDHCA Competitive HTC Application Deadlines  01/03/2022 Application Acceptance Period Begins. Public Comment period starts.  01/07/2022 Pre‐Application Final Delivery Date (including waiver requests).  02/15/2022 Deadline for submission of Application  03/01/2022 End of Application Acceptance Period and Full Application Delivery Date (including Resolution for Local Government Support pursuant to §11.9(d)(1) PROJECT - PROJECT Figure 1 – Location map  Project Type: General, New Construction  Applicant: Saigebrook Development, LLC and/or O-SDA Industries, LLC’  Location: 900, 914, 920 Lindsey St. & 1518 Bernard St., Denton, TX 76201 1426 City Council District: 3 Current Zoning: (MR) Mixed-Use Regional. Permitted by right. Taxable Status of the Development: The property will be paying property taxes. Figure 2 – Unit Mix Proposed Total Units: 77 affordable units + 10 market rate units. Proposed Unit Income Breakdown: A mixed-income development, the proposed development currently includes income bands of 30% AMI, 50% AMI, 60% AMI and Market Rate Proposed Unit Sizes: One, two, and three-bedroom units between 650 – 1,132 square feet. Projected Rents: $500-$1,335 per month Commitment of Development Funding Additional points are available to 9% housing tax credit applicants who receive a commitment of development funding by the Local Political Subdivision, increasing the competitiveness of an application. To satisfy the requirement of Section 11.9(d)(2) to gain points under the rule, the City of Denton can provide reduced fees to development in the amount of $500 if City Council approves this resolution. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. OPTIONS 1.Approve a Resolution of Support as presented 2.Do Not Approve the Resolution of Support 3.Postpone to a date certain to allow for further deliberation EXHIBITS 1.Agenda Information Sheet 2.Application for a Resolution of Support 3.Draft Resolution of Support4.Draft Fee Reduction Letter5.Presentation 6.LLC Members List Respectfully submitted: Dani Shaw Director of Community Services 1427 5501-A Balcones Dr. #302 Austin, TX 78731 The Zeisel 900, 914, 920 Lindsey St. & 1518 Bernard St., Denton, TX 76201 2022 Housing Tax Credit Resolution Application Submitted to the City of Denton January 7, 2022 1428 5501-A Balcones Dr. #302 Austin, TX 78731 January 7, 2022 City of Denton Community Development 601 E. Hickory, Suite B Denton, TX 76205 Re: Proposed 9% Housing Tax Credit Project City of Denton, We are most pleased on behalf of our development team, Saigebrook Development, LLC (Saigebrook) and O- SDA Industries, LLC (O-SDA), to submit this application for support for a proposed 9% Housing Tax Credit (HTC) project, The Zeisel. We are excited about the possibility of working with the City of Denton on the proposed development. Saigebrook Development and O-SDA Industries have specialized in providing first class affordable and workforce housing communities in urban core and suburban areas since 1996. Ms. Stephens and Ms. Lasch have secured more than 30 allocations of Housing Tax Credits in the last 11 application cycles in Texas and have financed and closed more than 5,000 units in the southeastern United States. The Zeisel is a proposed mixed-income community serving families on ±1.548 acres located at 900, 914, and 920 Lindsey St. and 1518 Bernard St. and is located within a Concerted Revitalization Area, specifically the Corridor Focus Plan. The City of Denton's comprehensive planning vision includes the goals of expanding affordable and workforce housing options and distributing affordable housing throughout the city. We believe that this mixed-income family project helps the city to meet these housing goals. The Zeisel's location is in an underserved census tract, where no tax credit housing has been developed within the past twenty years, or the surrounding census tracts, which is earning this development the maximum score for deconcentration with TDHCA. Given the lack of nearby HTC developments, the fact that this location is within the Corridor Focus Plan, and the proposed development’s proximity to a high number of jobs, we believe that The Zeisel could be one of the top scoring applications in the 2022 HTC cycle. As well as a city resolution of support for this 9% Housing Tax Credit application, we would like to request the minimal city contribution of $500 to receive the point (1) for a commitment of local development funding, and CRP required language regarding the Corridor Focus Plan. Thank you for the opportunity to submit this request. We look forward to answering any questions you may have. Please contact Megan Lasch at megan@O-SDA.com or at (830) 330-0762 concerning this application. Sincerely, Megan Lasch 1429 5501-A Balcones Dr. #302 Austin, TX 78731 General Information Development name: Development location: Development companies: Primary contacts: The Zeisel 900, 914, and 920 Lindsey St. and 1518 Bernard St., Denton, TX 76201 Saigebrook Development 220 Adams Dr., Ste 280, PMB # 138 Weatherford, TX 76086 O-SDA Industries 5501-A Balcones Dr. #302 Austin, Texas 78731 Megan Lasch Megan@o-sda.com 830-330-0762 Lisa Stephens Lisa@saigebrook.com 352-213-8700 1430 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 1 City of Denton Application 1431 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 1.PROJECT INFORMATION Legal Name of Developer/Entity Name of Proposed Development Physical address of the project Project type: Applicant Role: Housing  Tax Credit application for: 9% HTC 4% HTC Applicant is requesting Council Resolution:  of Support Stating No Objection Is the property:New construction Renovation Acquisition/Redevelopment Total number of units: Yes No *Single Room Occupancy 2.APPLICANT INFORMATION Name City Telephone Contact person Contact Telephone Contact Email DUNS #:Federal Tax ID# For Developers and Partners, check all that apply:For Profit Nonprofit Public Housing Authority *If 60%, are you using  Income  ST ZIP % of Total Length of Affordability on the Project: 3 BR Census tract #School District 50% Council District # # of Total Units Total Units $ Estimated Rent # SF of Each Unit General Owner Senior 60%* MR Developer Supportive Housing ‐ Special Populations Other (list below): # of Affordable Units 30% # of Market Rate  Please note: The City of Denton reserves the right to deny applications that do not coincide with the City’s Housing Tax  Credit Request for Support and Policy, various strategic and master plans, or policy direction from the Denton City Council.  Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments in accordance with the timeline prescribed herein.  SRO* 1 BR 2 BR Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  1 of 3 XX X X X X x Consultant 1432 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application In the last ten years: Have you developed other Housing Tax Credit projects?Yes No If yes, please list project names and addresses: Have you developed other affordable housing projects? Yes No If yes, please list project names and addresses: 3.PROJECT NARRATIVE & ATTACHMENT CHECKLIST a. b.  c. d. e. i. ii. iii. f. g. h.  i. j. 4. FINANCIAL NARRATIVE & ATTACHMENT CHECKLIST a.Project pro forma b.Annual Audit for each partner c. d. i. ii. iii. A copy of the fiscal year budget of the tax‐exempt partner; A detailed plan explaining how projected revenues are intended to be used by the tax‐exempt partner; this should provide  sufficient explanation to understand the strategic plan for the projected additional revenue and how it will provide an  enhancement or benefit to the community. The plan should also address any community service contributions and  investments planned by the tax‐exempt partner and for‐profit developer. A financial narrative for the project must be attached to this application. Please address, at a minimum, each of the following items including supporting attachments: A project narrative and attachments must be attached to this application and briefly address, at a minimum, each of the following items: Letter of support and/or opposition from the neighborhood association; Letter of support and/or opposition from the school district(s) (if project will be tax exempt); Census tract map with site identified; Location map “all” multi‐family developments highlighting affordable housing within two miles of the proposed site; TDHCA self score ‐ Please attach TDHCA Self‐Score Matrix ‐ Sample provided in Attachment A. Describe the taxable status of the development. Indicate whether the development will be paying property taxes or if the  development will be tax exempt; If project will be tax exempt, provide: A projected loss of property taxes (to each taxing entity and in total) over the 15‐year period, and include assumptions  and comparable properties utilized; Preliminary Site Plan ‐ Provide a preliminary site plan for the proposed project; Describe tenant population(s), restrictions (e.g. income or age restrictions) and access to supportive services demonstrated  through provision of or proximity to community resources – schools, libraries, public facilities, nonprofits, health care and food  security, public transit etc. if any, to be provided to or made available to residents; Describe the project’s quality of design and construction; Provide a list of basic amenities and unit amenities proposed for the project; Letter of zoning verification or status of rezoning request from the City ‐ Include a letter from the City of  Denton’s Development  Services Department verifying that the current zoning of the site for the proposed project is compatible with the anticipated use,  or include documentation verifying that a request to change current zoning has been submitted; Demonstrate the project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land  Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by  hCi fD Support and/or opposition from community ‐ Describe the impact the project is anticipated to have on surrounding neighborhood  and  involvement and support from local stakeholders and neighborhood organizations; include a list of stakeholders and  neighborhood associations contacted. Attach all letters of support or opposition to your project and/or documentation of each  Letter of support and/or opposition from the County (if project will be tax exempt) Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  2 of 3 Not Applicable Per City Staff, Development Financials have been provided instead. Not Applicable 1433 City of Denton Housing Tax Credit (HTC) ‐ Request for Support Application 5. City of Denton 2022 Important Dates for 9% Request for Support*: Based on annual deadline from TDHCA, specific dates are subject to change. Please visit ww.cityofdenton.com for current deadlines. *Housing Tax Credit 4% Request for Support will complete the same steps above but may be submitted year‐round. Applications for the Request for Support for 4% must be submitted at least 60 days prior to when the letter must be submitted by the applicant to TDHCA. Legal Name of Developer/Entity Authorized Officer Title Signature Date version: December 01, 2021 The applicant/developer certifies that the data included in this application and the exhibits attached is true and complete to the best of my knowledge. The statements are made for the purpose of obtaining a resolution or resolutions from the Denton City Council. I understand that false statements may result in forfeiture of benefits and possible prosecution by the City Attorney. SUBMISSION INFORMATION Completed applications should be submitted to: Community Services 401 N. Elm Street – Denton, Texas 76201 or email at:  community.development@cityofdenton.com Before a project will be evaluated, each applicant requesting support must submit a completed application with all  attachments. Applicant must attend all City Council meetings where these Resolutions are discussed. Staff will inform the applicant, using the e‐mail addresses provided, of the meeting dates as soon as they are scheduled. CERTIFICATION February, 2022: Application Deadline Presentation to City Council  (02/01/22) Consideration of Resolution(s) at City Council Meeting (02/15/22) Meeting with applicable staff ‐ Week of 01/17/22January, 2022: January 10, 2022: February, 2022: Policy Approved: Resolution 18‐756 onMay  8, 2018 Page  3 of 31434 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 2 Portfolio of Housing Tax Credit and Affordable Housing Projects 1435 LISA STEPHENSPresidentlisa@saigebrook.com www.saigebrook.com MEGAN LASCHPresidentmegan@o-sda.comwww.o-sda.comDEVELOPMENT Lisa Stephens, Saigebrook Megan Lasch, O-SDA ABOUT US Saigebrook Development and O-SDA Industries are two powerhouse WBE- and HUB-certied real estate development rms that partner regularly to deliver rst in class mixed-income housing communities. Together, they have been part of 30 successful Housing Tax Credit applications across the state of Texas. Owner and principal of WBE- and HUB-certied Saigebrook Development, Lisa Stephens has specialized in providing rst-class aordable and workforce housing communities since 1999. She has closed more than $750 million of federal, state, and local competitive funds to date and constructed in excess of 5,000 apartment homes. Saigebrook Development oces in Weatherford, Texas. Megan Lasch, owner and principal of MBE/WBE- and HUB-certied O-SDA Industries, has more than 14 years of experience in project management and consulting in the aordable housing industry, managing all aspects of project life cycles. Megan has a background in engineering, project management, real estate analysis, and design. O-SDA Industries is based in Austin, Texas. OUR PROCESS Saigebrook and O-SDA’s dedicated team has built its reputation as a mixed-income housing developer that produces consistent quality, sustainability, innovative design, and long-term viability in each of its communities. The rms oversee every aspect of development, including but not limited to planning, environmental testing, design oversight, nancing, permitting, construction, lease-up, and stabilization. Saigebrook and O-SDA retain long-term ownership of all their properties, maintaining aordability and ensuring high-quality property management. Collectively, the Saigebrook and O-SDA team has extensive experience in all aspects of housing development, compliance and ownership. OUR COMMUNITIES Saigebrook and O-SDA specialize in aordable housing for families and seniors. Each property in our portfolio is unique, oering indoor and outdoor amenities that encourage compatibility, recreation and connectivity to the community. Typical amenities include fully-furnished leasing centers with community rooms, tness centers, cyber lounges, BBQ grill stations and picnic tables, swimming pools, covered parking and local community-created art. All of our aordable housing units are built with long-term sustainability and energy eciency in mind. Unit amenities include Energy Star® appliances, granite countertops, kitchen backsplash tile, high eciency lighting, resilient hard-surface ooring, spacious closets and storage, and tile tub surrounds.1436 Senior Living Sunset at Fash Place, Fort Worth Mixed-Income Senior Community Sunset at Fash Place is a first in class mixed income senior community in Fort Worth. The NGBS-Certified Apartments are divided between two and three-story buildings, including a clubhouse, amenities center, and central courtyard. Everly Plaza, Fort Worth Mixed-Income Senior Community Everly Plaza is an 88-unit urban-style senior development located in Fort Worth’s desirable Near Southside neighborhood. The community was built in close partnership with Near Southside Inc. and includes community art gallery space which is donated to Near Southside Arts. Kaia Pointe, Georgetown Mixed-Income Family Community Kaia Pointe is a 102-unit mixed income family community. The 5-acre site oers many outdoor amenities, including a swimming pool, BBQ and picnic stations, and private porches and balconies for residents. TO LEARN MORE VISIT AordableHousingTexas.com Mixed Income Senior Living 1437 PROPERTY TYPE , STYLE &TENANT MIX UNIT TYPE FINANCINGSOURCES TOTAL DEVELOPMENT COST Pre-Development Saison North10010 N Capital of TX HighwayAustin, TX 78759 New ConstructionFamily Affordable & Market Rate30%, 50%, and 60% 48 - 1 BR44 - 2 BR 24 - 3 BRTOTAL = 116 LIHTC - 9% (TDHCA) $32.5MM June West 1200-1206 W Koenig Lane Austin, TX 78756 New Construction Family Affordable30%, 50%, 60%, and 80% 31 - 0 BR 11 - 1 BR 24 - 2 BR14 - 3 BRTOTAL = 80 LIHTC - 9% (TDHCA) $20.3MM Kiva East 4724 & 4806 East Side Ave.Dallas, TX 75226 New Construction FamilyAffordable & Market Rate30%, 50%, and 60% 18 - 1 BR 48- 2 BR21 - 3 BRTOTAL = 87 LIHTC - 9% (TDHCA) $22.2MM The Mulholland New ConstructionFamilyAffordable & Market Rate80% 50 - 1 BR90 - 2 BR26 - 3 BRTOTAL = 166 51 @ 80 $31.2MM The Hawthorne on McNeil New ConstructionFamilyAffordable & Market Rate80% 20 - 1 BR61 - 2 BR25 - 3 BRTOTAL = 106 51 @ 80 $23.6MM Under Construction Kestrel on Cooper2017-2025 S Cooper StreetArlington, TX 76010 New ConstructionFamilyAffordable & Market Rate30%, 50%, and 60% 21 - 1 BR36 - 2 BR27 - 3 BR 6 - 4 BR LIHTC - 9% (TDHCA) $20.7MM Vi Collina2401 E Oltorf StAustin TX New Construction Family100% Affordable 30%, 50%, 60%,. and 80% 48 - 1 BR 81 - 2 BR41 - 3 BR Total: 170 LIHTC - 4% (TDHCA) $37.6 MM Cielo Place 3111 Race StreetFort Worth, TX 76111 Adaptive Reuse FamilyAffordable & Market Rate30%, 50%, & 60% 50 - 0 BR 11 - 1 BR18 - 2 BR12 - 3 BRTotal: 91 LIHTC - 9% (TDHCA) $22.2MM Everly Plaza 1801-1821 8th Ave and 1801 Hurley Ave.Fort Worth, TX 76110 New Construction SeniorAffordable & Market Rate30%, 50%, & 60% 64 - 1 BR 24 - 2 BRTotal: 88 LIHTC - 9% (TDHCA) $19.4MM The Abali4603-4611 N IH 35 Austin, TX 78722 New ConstructionFamily Affordable & Market Rate30%, 50%, and 60% 16 - 0 BR10 - 1 BR 19 - 2 BR11 - 3 BRTotal: 56 LIHTC - 9% (TDHCA) $14.6MM Sunset at Fash Place2504 Oakland Blvd.Fort Worth, TX 76103 New ConstructionSeniorAffordable & Market Rate30% 50% & 60% AMI 50 - 1 BR16 - 2 BRTotal: 66 LIHTC - 9% (TDHCA) $14.3MM Canova Palms1717 Irving BlvdIrving, Texas New ConstructionSeniorAffordable & Market Rate30%. 50% & 60% AMI 41 - 1BR17 - 2 BRTotal: 58 LIHTC - 9% (TDHCA) $11.3MM DEVELOPMENTS COMPLETED 1438 PROPERTY TYPE , STYLE &TENANT MIX UNIT TYPE FINANCINGSOURCES TOTAL DEVELOPMENT COST Alton Plaza202 Whaley StreetLongview, TX 75607 New ConstructionAdaptive ReuseFamily Affordable & Market Rate30%. 50% & 60% AMI 6 - 0BR16 - 1BR26 - 2 BR Total: 48 LIHTC - 9% (TDHCA) $10.2MM Elysium Grand3300 Oak Creek DriveAustin, Texas New ConstructionPodiumFamilyAffordable & Market Rate30%. 50% & 60% AMI 18 - 1 BR53 - 2 BR19 - 3 BRTotal: 90 LIHTC - 4% (TDHCA) $19.6MM Mistletoe Station 1916 Mistletoe Blvd.Fort Worth, TX 76104 New Construction Garden Style &Podium StyleFamilyAffordable & Market Rate30%, 50% & 60% AMI 21 - 1 BR 67 - 2BR22 - 3BRTotal: 110 LIHTC - 9% (TDHCA) $28.2MM Aria GrandIH35 & Woodland DriveAustin, TX 78704 New ConstructionPodiumFamilyAffordable & Market Rate30%. 50% & 60% AMI 12 - 1 BR30 - 2 BR28 - 3 BRTotal: 70 LIHTC - 9% (TDHCA) $16.8MM Edgewood Place617 Clinic DriveLongview, TX 75605 New ConstructionGarden StyleFamilyAffordable & Market Rate 30%. 50% & 60% AMI 18 - 1BR36 - 2BR20 - 3BRTotal: 74 LIHTC - 9% (TDHCA) $13.4MM NOT AVAILABLE Kaia Pointe 104 Bettie Mae Way Georgetown TX 78633 New Construction Garden Style FamilyAffordable & Market Rate30%, 50% & 60% AMI 28 - 1 BR 56 - 2 BR 18 - 3 BRTotal: 102 LIHTC - 9% (TDHCA) $13,530,000 $18.8MM Stillhouse Flats 2926 Cedar Knob RoadHarker Heights, TX 76548 New Construction Garden Style & TownhomesFamilyAffordable & Market Rate 30%, 50% & 60% AMI 22 - 1 BR 50 - 2 BR24 - 3 BRTotal: 96 LIHTC - 9% (TDHCA) $14,180,000Local GovernmentContribution $16.8MM LaMadrid Apartments11320 Manchaca Road Austin, TX 78748 New Construction Garden Style & TownhomesFamilyAffordable & Market Rate30%, 50% & 60% AMI 18 - 1 BR53 - 2 BR 24 - 3 BRTotal: 95 LIHTC - 9% (TDHCA)$13,380,000 City of Austin RHDA $20.4MM Barron's Branch817 Colcord AveWaco, TX 76707 New ConstructionGarden StyleFamily Affordable and Market Rate30%, 50%, 60% AMI 30- 1 BR86 - 2 BR48 - 3 BR 4 - 4 BRTotal: 168 LIHTC - 9% (TDHCA)$20,331,756 $16.7MM Art at Bratton's Edge15405 Long Vista Dr Austin, TX 78727 New ConstructionGarden StyleFamilyAffordable and Market Rate 30%, 50%, 60% AMI 16 - 1 BR46 - 2 BR16 - 3 BRTotal: 78 LIHTC - 9% (TDHCA) $14.3MM Liberty Pass 17321 Lookout RoadSelma, TX 78154 New Construction Garden StyleFamilyAffordable and Market Rate30%, 50%, 60% AMI 12 - 1 BR 62 - 2 BR26 - 3 BR4 - 4 BRTotal: 104 LIHTC - 9% (TDHCA) 1439 PROPERTY TYPE , STYLE &TENANT MIX UNIT TYPE FINANCINGSOURCES TOTAL DEVELOPMENT COST Summit Parque12777 Merit DriveDallas, TX 75251 New ConstructionMid-RiseFamily Affordable and Market Rate30%, 50%, 60% AMI 31 - 1 BR49 - 2 BR20 - 3 BR Total: 100 LIHTC - 9% (TDHCA)$14,870,000 $23.9MM Saige Meadows13488 Hwy 69NTyler, TX 75706 New ConstructionGarden StyleFamily Affordable and Market Rate30%, 50%, 60% AMI Flats:22 - 1 BR44 - 2 BR 4 - 3 BRTownhomes:6 - 2 BR16 - 3 BRTotal: 92 LIHTC - 9% (TDHCA)$11,870,348 $9.4MM N/A La Ventana 2109 Texas 351 Abilene, TX 79601 New ConstructionGarden StyleFamily Affordable and Market Rate30%, 50%, 60% AMI 16 - 1BR36 - 2 BR28 - 3 BR 4 - 4 BR Total: 84 LIHTC - 9% (TDHCA)$6,462,643 $9.5MM N/A Amberwood Place 411 W Hawkins PkwyLongview, TX 75604 New Construction Garden StyleFamilyAffordable and Market Rate30%, 50%, 60% AMI 12 - 1 BR 32 - 2 BR32 - 3 BR2 - 4 BRTotal Unit 78 LIHTC - 9% (TDHCA) $8,740,526 $10.MM N/A Tylor Grand3702 Rolling Green Dr. Abilene, TX 79606 New ConstructionGarden Style FamilyAffordable30%, 50%, 60% AMI 32 - 1 BR64 - 2 BR 20 - 3 BR4 - 4 BRTotal Unit 120 LIHTC - 9% (TDHCA)$13,914,133 $1.6MM N/A The Roxton307 N. Loop 288Denton, TX 76209 RehabGarden StyleFamilyAffordable & Market Rate30%, 50% & 60% AMI 16 - 1 BR86 - 2 BR24 - 3 BRTotal: 126 LIHTC - 9% (TDHCA)$14,500,717 $18.6MM 1440 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.a. Preliminary Site Plan 1441 CLUB990 SFCLUB:3,360 SF36/33/18 = 87 TOTAL UNITS (3 LEVELS ABOVE)PARKING94+7 HCCLUB990 SFLINDSEY ST.BERNARD ST.12AB43CDABCD1243ARCHITECT'S PROJECT NUMBER:2022-XDRAWN BY:DATE:0"1"SHEET SCALEREVISIONS:DATEDESCRIPTION1/8/2022THEZEISELDenton,TexasThe Zeisel, LLCPRELIMINARYDOCUMENTS1/8/2022THREE BAR ARCHITECTURE, INC.5501-A BALCONES DRIVE#302AUSTIN, TEXAS 78731352-256-3581A0.10.XXX.XXSITE PLANXXXXXXXXSITE PLANSCALE: 1/16"=1'-0"NORTH1442 3BD/2BA2BD/2BA1BD/1BA2BD/2BA3BD/2BA3BD/2BA2BD/2BA2BD/2BA1BD/1BA3BD/2BA2BD/2BA1BD/1BA2BD/2BA3BD/2BA3BD/2BA2BD/2BA2BD/2BA1BD/1BA2BD/2BA2BD/2BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA2BD/2BA1BD/1BA1BD/1BACLUB995 SF12AB43CDABCD1243ARCHITECT'S PROJECT NUMBER:2022-XDRAWN BY:DATE:0"1"SHEET SCALEREVISIONS:DATEDESCRIPTION1/8/2022THEZEISELDenton,TexasThe Zeisel, LLCPRELIMINARYDOCUMENTS1/8/2022THREE BAR ARCHITECTURE, INC.5501-A BALCONES DRIVE#302AUSTIN, TEXAS 78731352-256-3581A1.10.XXX.XXBUILDING PLANXXXXXXXXBUILDING PLAN - LEVEL TWOSCALE: 1/16"=1'-0"NORTH1443 3BD/2BA2BD/2BA1BD/1BA2BD/2BA3BD/2BA3BD/2BA2BD/2BA2BD/2BA1BD/1BA3BD/2BA2BD/2BA1BD/1BA2BD/2BA3BD/2BA3BD/2BA2BD/2BA2BD/2BA1BD/1BA2BD/2BA2BD/2BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA2BD/2BA1BD/1BA1BD/1BACLUB1,470 SF12AB43CDABCD1243ARCHITECT'S PROJECT NUMBER:2022-XDRAWN BY:DATE:0"1"SHEET SCALEREVISIONS:DATEDESCRIPTION1/8/2022THEZEISELDenton,TexasThe Zeisel, LLCPRELIMINARYDOCUMENTS1/8/2022THREE BAR ARCHITECTURE, INC.5501-A BALCONES DRIVE#302AUSTIN, TEXAS 78731352-256-3581A1.11.XXX.XXBUILDING PLANXXXXXXXXBUILDING PLAN - LEVEL THREESCALE: 1/16"=1'-0"NORTH1444 3BD/2BA2BD/2BA1BD/1BA2BD/2BA3BD/2BA3BD/2BA2BD/2BA2BD/2BA1BD/1BA3BD/2BA2BD/2BA1BD/1BA2BD/2BA3BD/2BA3BD/2BA2BD/2BA2BD/2BA1BD/1BA2BD/2BA2BD/2BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA1BD/1BA2BD/2BA1BD/1BA1BD/1BACLUB790 SF12AB43CDABCD1243ARCHITECT'S PROJECT NUMBER:2022-XDRAWN BY:DATE:0"1"SHEET SCALEREVISIONS:DATEDESCRIPTION1/8/2022THEZEISELDenton,TexasThe Zeisel, LLCPRELIMINARYDOCUMENTS1/8/2022THREE BAR ARCHITECTURE, INC.5501-A BALCONES DRIVE#302AUSTIN, TEXAS 78731352-256-3581A1.12.XXX.XXBUILDING PLANXXXXXXXXBUILDING PLAN - LEVEL FOURSCALE: 1/16"=1'-0"NORTH1445 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.b. Location map 1446 1447 900, 914, and 920 Lindsey St. and 1518 Bernard St. This site location scores the maximum points for deconcentration of affordable housing, meaning there's no other TDHCA developments within the census tract and all the surrounding census tracts. 1448 1449 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.c. Census Tract Map 1450 Census Tract Map The Zeisel Source: https://www.huduser.gov/portal/sadda/sadda_qct.html 1451 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.d. Zoning Verification Letter 1452 Department of Development Services / Planning Division 401 N. Elm Street, Denton, TX 76201  (940) 349-8541 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 1/3/2022 Megan Lasch 5501-A Balcones Dr., #302 Austin, TX 78731 SUBJECT: ZV22-0002, 900, 914, 920 Lindsey St. & 1518 Bernard St. Megan Lasch: This letter is to confirm that the zoning classification for the above subject property, commonly known as 900, 914, 920 Lindsey St. & 1518 Bernard St., Denton, Texas is (MR) Mixed-Use Regional. The zoning ordinance for this property has been in effect since May 10, 2019. For your review, I have attached a listing of permitted uses. The following information about this property is on file: PHYSICAL ADDRESS: 900, 914, 920 Lindsey St. & 1518 Bernard St. ZONING DISTRICT: (MR) Mixed-Use Regional ZONING ORDINANCE: DCA18-0009, May 10, 2019 PROPERTY TAX ID: R# 20880, 20871, 20877, 21083 The above information is applicable to the highlighted property on the accompanying map. If I can be of further assistance, you may contact me at (940) 349-8541. Sincerely, Christian Garcia Christian Garcia Project Manager Attachments: Location Map City Ordinance 1453 900, 914, 920 Lindsey Street & 1518 Bernard Street1454 900, 914, 920 Lindsey Street & 1518 Bernard Street1455 Subchapter 3: Zoning Districts 3.3 Mixed-Use Districts 3.3.3 MR - Mixed-Use Regional Denton, Texas – Denton Development Code 136 Print Date: February 5, 2020 MR - Mixed-Use Regional Purpose The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district may be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. Figure 3.3-C: MR District Dimensional Standards 1456 Subchapter 3: Zoning Districts 3.3 Mixed-Use Districts 3.3.3 MR - Mixed-Use Regional Denton, Texas – Denton Development Code 137 Print Date: February 5, 2020 MR District Dimensional Standards Table 3.3-C: MR District Dimensional Standards Dimensional Standards Additional Standards LOT DIMENSIONS (MINIMUM) A Lot area None 3.7.2A Minimum Lot Dimensions B Lot width None C Lot depth None SETBACKS (MINIMUM) D Front yard None 3.7.3: Setbacks E Side yard None [1] F Rear yard None [1] OTHER STANDARDS G Building height (maximum) 100 feet [1] [2] 3.7.5: Building Height Building coverage (maximum) 90 percent 3.7.6: Building Coverage Single-family detached dwelling, townhome, or duplex If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this DDC to Existing Residential Uses and Structures Notes: [1] Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. [2] Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 1457 Denton, Texas – Denton Development Code 215 Print Date: February 5, 2020 Subchapter 5: Use Regulations Purpose and Organization Purpose This subchapter identifies the land uses allowed in the Denton zoning districts and establishes the standards that apply to certain uses (use-specific standards). Organization This subchapter is organized as follows: Section 5.2: Table of Allowed Uses, lists the uses allowed by zoning district and provides cross- references to applicable use-specific standards. Section 5.3: Use-Specific Standards, establishes the unique standards applicable to certain land uses. Section 5.4: Accessory Uses and Structures, establishes standards applicable to uses and structures that are accessory to the principal use of the property and/or structure. Section 5.5: Temporary Uses and Structures, establishes standards applicable to non-permanent (temporary) structures and uses. Section 5.6: Wireless Telecommunications Facilities, establishes standards applicable to wireless telecommunications facilities. Table of Allowed Uses Table 5.2-A: Table of Allowed Uses, lists the uses allowed in the base zoning districts. All uses are defined in Subchapter 9: Definitions. Development or use of a property for any other use not specifically allowed in Table 5.2-A: Table of Allowed Uses, or otherwise approved under the appropriate procedure is prohibited. Explanation of Table Abbreviations Permitted By-Right Uses A “P” in a cell indicates that the use is permitted by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this DDC. Specific Use Permit Required An “S” in a cell indicates that the use is only permitted in the respective zoning district if approved as a specific use in accordance with the procedures in Subsection 2.5.2: Specific Use Permit (SUP). Prohibited Uses A blank cell indicates that the use is prohibited in the respective zoning district. Use-Specific Standards Regardless of whether or not a use is allowed by right or with approval of a specific use permit, additional standards may be applicable to that use. Use-specific standards are identified and cross-referenced in the last column of Table 5.2-A: Table of Allowed Uses. Uses marked with a “+” following the “P” or “S” in a zoning district indicates that use-specific standards apply to that use 1458 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.2 Organization of Table Denton, Texas – Denton Development Code 216 Print Date: November 20, 2020 type in that zoning district. For example, “P” indicates that a use is permitted by-right, but that additional standards apply in that zoning district. Organization of Table In Table 5.2-A: Table of Allowed Uses, land uses are classified into general use categories and specific uses based on common functional, product, or physical characteristics such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zoning districts. Table of Allowed Uses Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific StandardsRR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF 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5.3.3B 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 Dwelling S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 S S P Community Home PPPPPPPPPP5.3.3I Dormitory S S P Elderly Housing SSPP P P 5.3.3H Group Home SSSSSSSS5.3.3I Public, Institutional, Religious, and Civic Uses COMMUNITY AND CULTURAL FACILITIES Airport, City-Owned P Cemetery, City-Owned P Club or Lodge P S S S S S 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 1459 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 217 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific StandardsRR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Day Care, Adult or Child P S S S S S P P P P P P P P5.3.4B Funeral and Internment Facility S S 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 P P Religious Assembly PPPPPPPPPPPPPPPP 5.3.4D EDUCATIONAL FACILITIES Business or Trade School PPPPP P P P 5.3.4E College or University P P P School, Private P S S S S S S P P P P P P P School, Public P P P 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 Clinic SSPPP P P 5.3.4G Medical Office P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5.3.5B Community Garden P P P P P P P P P P P P P S S S Kennel PSSPPSPP5.3.5C Urban Farm P S S S S S S P P P P P P P P Veterinary Clinic P S S P PP P P P P 5.3.5D 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 S S 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 5.3.5F Mobile Food Court SSSSSSSS5.3.5G Private Club P PPPPPP 5.3.5H Restaurant PP P P P P P 5.3.5I Restaurant, with Drive- Through SSPPPPP5.3.5J 1460 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 218 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF OFFICE, BUSINESS, AND PROFESSIONAL SERVICES Administrative, Professional, and Government Office S S S P P P P P P P P P P 5.3.5K 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 S P P P P P P P PERSONAL SERVICES Laundry Facility, Industrial S S P P Laundry Facility, Self-Service S P P P P P P P P 5.3.5O Personal Service, General P P P P P P P Tattoo and Body Piercing Parlor P P P P P 5.3.5P RETAIL SALES Building Materials and Supply Store S P P P General Retail Unless Otherwise Specified, Less than 5,000 Square 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 S 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 5.3.5S 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 1461 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 219 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard S P 5.3.5X Equipment Sales and Rental S S 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 5.3.5Z Industrial Uses 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 5.3.6B Food Processing, More than 2,500 Square Feet S S 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 5.3.6D Manufacturing, Low-Impact S P P P P P P 5.3.6E Manufacturing, Medium- Impact S S P Manufacturing, High-Impact S Commercial Incinerator, Transfer Station S STORAGE AND WAREHOUSING Outdoor Storage S S S 5.3.6F 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 S S S P 5.3.7B Wind Energy Conversion System (WECS) S S 5.3.7C 1462 Subchapter 5: Use Regulations 5.2 Table of Allowed Uses 5.2.3 Table of Allowed Uses Denton, Texas – Denton Development Code 220 Print Date: November 20, 2020 Table 5.2-A: Table of Allowed Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF 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 5.4.4B Home Occupation P P P P P P P P P P P 5.4.4C Outdoor Storage, Accessory P P P P P 5.4.4D 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 5.4.4F Wind Energy Conversion System (WECS), Small (Ground-Mounted) P S S S S S S S S S S S S P P P 5.4.4G Wind Energy Conversion System (WECS), Small (Building-Mounted) P S S S S S S S S S S S S P P P 0 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 5.5.6B 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 P P P P P P P P P P P P 5.5.4 1463 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.2.4 Classification of New and Unlisted Uses Denton, Texas – Denton Development Code 221 Print Date: November 20, 2020 Classification of New and Unlisted Uses The following procedure shall apply if an application is submitted for a use category or use type that is not specifically listed in Table 5.2-A: Table of Allowed Uses. Submission and approval of such an application shall be required prior to approval of any other permit or development approval associated with the use. Director Determination of Appropriate Use Category and Use Type The Director shall determine the appropriate use category and use type for the proposed use. In such determination, the Director shall consider the potential impacts of the proposed use including the nature of the use and whether it includes dwellings, sales, processing, storage, operations, employment characteristics, nuisances, requirements for public utilities, and transportation requirements. Establish Use-Specific Standards if Necessary During the initial determination, the Director shall also determine whether or not additional use- specific standards are necessary to reduce potential impacts to the surrounding properties or the community. Post-Determination Actions Appeals of administrative decisions shall be made pursuant to the procedures under Subsection 2.8.3: Appeal of Administrative Decision. If the determination of an appropriate use category and use type results in a finding that the use, structure, or activity will be a common use or would create confusion by remaining unlisted, the Director may initiate an application for a DDC text amendment pursuant to Subsection 2.7.4: Zoning Text Amendment, to revise Table 5.2-A: Table of Allowed Uses, accordingly. Until final action is taken on the DDC text amendment application, the use determination by the Director shall be binding. Use-Specific Standards Generally Applicability Use-specific standards in this section shall apply to all zoning districts unless otherwise stated. Cross-References in Table of Allowed Uses All uses with use-specific standards as indicated in the right-hand column of Table 5.2-A: Table of Allowed Uses, shall comply with the applicable standards in this section. All development shall also comply with the applicable standards in Subchapter 6: Development Standards, and other relevant provisions of this DDC. Resolution of Conflicting Standards In case of a conflict between these use-specific standards and the standards in Subchapter 6: Development Standards, or other relevant provisions in this DDC, these use-specific standards shall govern, unless otherwise stated. Maximum Persons Occupying a Dwelling No single dwelling unit shall have more than four unrelated persons residing therein, nor shall any "family" have, additionally, more than four unrelated persons residing with such family. Hotels, 1464 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.2 Performance Standards for All Uses Denton, Texas – Denton Development Code 222 Print Date: November 20, 2020 motels, bed and breakfast establishments, boarding houses, chapter house, and dormitories are exempt from this requirement. Additionally, any organization or institutional group that receives federal or state funding for the care of individuals is exempt from this requirement. Performance Standards for All Uses Applicability General Unless exempted elsewhere in this DDC, the performance standards in this Subsection 5.3.2, shall apply to all uses in all zoning districts. Gas Wells The standards in this Subsection 5.3.2 shall not apply to gas wells and/or gas well drilling and production as authorized in Subchapter 6: Gas Wells. Smoke and Particulate Matter All operations and uses shall comply with federal, state, and county emissions standards. Odorous Matter No use shall be located or operated which involves the emission of odorous matter in violation of Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-21: Odors. Hazardous or Explosive Hazard Material A specific use permit shall be required for any use involving the storage, handling, or use of hazardous materials when the quantity is in excess of the exempt amount or maximum allowable per control area, as specified in the Building or Fire Code. Notwithstanding the above regulations regarding hazardous materials storage, any substance designated as highly hazardous and requiring a state or federal permit shall only be permitted in the HI zoning district, and shall require specific use permit approval. Toxic and Noxious Matter No operation or use shall emit a concentration across any property line that will exceed 10 percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3, a copy of which is hereby incorporated by reference and is on file in the office of the Building Official. 1465 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 223 Print Date: November 20, 2020 Vibration No operation or use shall at any time create earth-borne vibration beyond any property line if the source operation exceeds the limits of displacement set forth in the following table: Table 5.3-C: Vibration Displacement Thresholds Frequent Cycles per Second Displacement in Inches LI and HI Zoning Districts All Other Zoning Districts 0 to 10 0.002 0.001 10 to 20 0.0016 0.0008 20 to 30 0.001 0.0005 30 to 40 0.0006 0.0004 Noise No operation shall emit noise beyond the thresholds established in Subpart A, Code of Ordinances, Chapter 17: Property Maintenance, Article II: Noise and Odors, Section 17-20: Noise. Glare No use or operation shall be located or conducted in such a manner that produces intense glare or direct illumination across any property line, nor shall any light be of an intensity that creates a nuisance or detracts from the use and enjoyment of adjacent property. Evidence of Compliance The Director shall require such evidence of ability to comply with appropriate performance standards and mitigation measures as deemed necessary prior to issuance of a building permit and certificate of occupancy. Residential Uses Single-Family Detached Dwelling Single-family detached structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. A specific use permit is required prior to the placement of a manufactured home HUD- code on any lot. Townhome Each individual dwelling unit shall have a separate entrance facing the street frontage to which the building address is assigned. Buildings on corner lots may have entrances facing either street frontage. Each dwelling shall have direct access to a street or alley. Townhome structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. Each individual dwelling unit shall have a minimum of 900 square feet of living space floor area. 1466 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 224 Print Date: November 20, 2020 Duplex, Triplex, and Fourplex Each individual dwelling unit shall have a separate exterior entrance and separate utility meters. Duplex, triplex, and fourplex structures shall comply with the design standards established in Section 7.10.3: Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. Each individual duplex dwelling unit shall have a minimum of 900 square feet of living space floor area. Each individual triplex or fourplex dwelling unit shall have a minimum of 600 square feet of living space floor area. Multifamily Dwelling In the MN, MD, and MR zoning districts, the ground floor fronting a public street shall have a minimum wall height of 12 feet. Multifamily buildings shall comply with the design standards established in Section 7.10.4: Multifamily Site and Building Design. Each individual dwelling unit shall have a minimum of 400 square feet of living space floor area. Tiny Home Development Tiny home developments shall be developed as part of a Planned Development and meet the following standards: Design and Layout The minimum project size for tiny home development is 10,000 square feet. Tiny home developments shall have a minimum of four dwelling units. Each individual dwelling unit shall have a minimum of 300 square feet of living space floor area and a maximum of 500 square feet of living space floor area. Parking shall be located at the side or rear of each principal structure or in a separate designated shared parking area. A shared open space containing a minimum of 10 percent of the project area shall be provided. Each tiny home dwelling unit shall be separated by a minimum of ten feet. Operation and Ownership Each tiny home dwelling unit shall be on a permanent foundation and shall be connected to public water and sanitary sewer. One accessory storage structure less than 100 square feet may be permitted for any unit that is part of a tiny home development approval. One accessory storage structure less than 600 square feet may be permitted as a shared maintenance storage facility for the tiny home development. Said structure shall be enclosed on all sides and separated from other structures by a minimum of five feet. Access drives within a tiny home dwelling development shall be constructed to city standards. 1467 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 225 Print Date: November 20, 2020 Tiny home projects shall be organized as condominium developments meeting all requirements of Texas state law. Individual lots or portions of the site may not be subdivided for sale, except as allowed as part of a condominium development under Texas state law. Applicants proposing tiny home dwellings shall enter into a development agreement with the city requiring the condominium or other property owner’s association to maintain all streets, utilities, and infrastructure that is not dedicated to and accepted by the city. Work/Live Dwelling Size and Location The residential component of a work/live dwelling shall not exceed 50 percent of the total gross floor area. The residential component shall be located above or behind nonresidential portions of the structure. The residential dwelling unit shall have a minimum of 400 square feet of living space floor area. Ownership The nonresidential use shall be owned and operated by a resident of the work/live dwelling. Individuals that do not reside at the work/live dwelling may be employed by the owner. Manufactured Home Development (HUD Code) Dimensional and Design Standards The minimum lot area required for a manufactured home development (HUD Code) shall be 10 acres. Each stand shall provide a minimum area of 5,000 square feet; however, no such stand shall be less than 40 feet in width nor less than 100 feet in depth. The minimum front yard setback shall be 15 feet from the nearest corner of the manufactured home to the front line of the stand. No manufactured home shall be closer than 15 feet to any adjoining public right-of- way. For other structures, the minimum front yard setback shall be at least 15 feet. The minimum distance between manufactured homes shall be 20 feet on the side and 16 feet on the front and rear. The area beneath the manufactured home structure shall be concrete to provide adequate support for the placement of the structure. Manufactured home development (HUD code) shall comply with the perimeter fencing standards established in Subsection 7.7.8: Walls, Fences, and Screening. Minimum Dwelling Size Each individual dwelling shall have a minimum of 400 square feet of living space floor area. Parking Parking shall be located at the side or rear of the principal structure. 1468 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 226 Print Date: November 20, 2020 Required off-street parking shall be concrete, and all other parking areas shall be constructed of all-weather materials and located to eliminate interference with access to parking areas provided for other structures and for public parking within the development. A minimum parking area of 160 square feet per manufactured home space shall be provided for the storage of boats or vehicles in excess of two per manufactured home unit to minimize on-street parking and to facilitate the movement of emergency vehicles into and through the development. Recreation Area All manufactured home developments shall have at least one recreation area, located in an area that is free of traffic hazards, easily accessible to all residents of the development, and centrally located (where topography permits). Recreation areas and facilities, such as playgrounds, swimming pools and community buildings, shall be provided that will meet the anticipated needs of the clientele the development is designed to serve. Not less than eight percent of the gross development area shall be devoted to recreational facilities, generally in a central location. In large developments, this may be decentralized. Recreation areas include space for community buildings and community use facilities such as adult recreation and child play areas and swimming pools, but not including vehicle parking, commercial, maintenance and utilities areas. When playground space is provided, it shall be so designated and shall be protected from traffic, thoroughfares, and parking areas. Accessory Uses Manufactured home developments may include accessory service buildings associated with the development including: utilities; management office; repair shop; equipment storage; sanitary facilities; laundry facilities; and recreation facilities. Access and Traffic Circulation Internal streets in manufactured home developments shall be privately owned, built, and maintained, and shall be designed for safe and convenient access to all stands and parking spaces and to facilities for common use of residents of the development. An internal street or common access route shall be provided to each stand. All internal streets or common access routes shall be a minimum of 30 feet in width from back of curb to back of curb. The internal streets shall be continuous and connect with either outer streets in the development, public streets, or in the alternative, shall be provided with a cul-de-sac having a minimum radius of 40 feet. All other streets shall have a minimum radius at intersections of 30 feet. No internal street ending in a cul-de-sac shall exceed 1,000 feet in length. All streets shall be constructed of at least two inches of asphalt, six inches of lime subgrade and with standard or surmountable curbs. Alternative materials for street construction may be approved by the City Engineer as long as the alternative exceeds the standards in this section or those established in a city criteria manual. 1469 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 227 Print Date: November 20, 2020 Internal streets shall be maintained free of excessive cracks, potholes, and other hazards at the expense of the licensee. Inspection of the streets shall occur at least yearly in conjunction with other city inspections of the manufactured home development. The inspections shall be made by the City Engineer and shall cover the hazards listed in this subsection. All streets within the development shall be numbered or named in an approved manner. Interior streets shall intersect adjoining public streets at 90 degrees and at locations that will eliminate or minimize interference with the traffic on those public streets. Design of the interior streets shall be approved by the traffic engineer with respect to horizontal and vertical alignment, access points to city streets, parking locations, and internal access for emergency vehicles. Utilities and Services All utility lines shall be installed underground in manufactured home developments. Water and sewer connections shall be made to the public supply of water in accordance with city standards. All water piping, fixtures, and other equipment shall be constructed and maintained in accordance with state and city regulations and requirements. Individual water meters shall be provided for each manufactured home dwelling. All manufactured home developments shall comply with the city's residential solid waste regulations. Elderly Housing In the R6, R7, and MN zoning districts, elderly housing shall be limited to a maximum of 55,000 square feet per lot. Assisted living facilities may be subject to additional standards in Subsection 5.3.3I. Group Home and Community Home Purpose The city supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The city desires to make reasonable accommodations in rules, policies, and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The city supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The city desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped. Use and Operation The use and operation of a Community Home for Disabled Persons that meets the qualifications of this subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than six residents and two supervisors, regardless of the legal relationship of those persons to one another and the community home is not within one-half mile of an existing community home. The residents of the community home may 1470 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 228 Print Date: November 20, 2020 not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. Qualification To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123, of the Texas Human Resources Code and the following regulations: Operation A community based residential home may be operated by: The Texas Department of Mental Health and Mental Retardation; A community center organized under Chapter A, Subchapter 534, of the Texas Health & Safety Code; An entity subject to the Texas Non-Profit Corporation Act, Tex.Rev.Civ.Stat.Ann art. 1396-1.01, et seq. (Vernon 1997), as amended; An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or An assisted living facility licensed under Chapter 247, of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. Licensing The community home must meet all applicable federal, state, and local licensing requirements. Site Plan Required The community home must provide a site plan that clearly shows compliance with the following criteria: Any single-family dwelling unit proposed to be used as shared group housing for the handicapped shall provide the following: To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom. Any single-family dwelling unit proposed to be used as shared group housing for handicapped persons shall provide for a separate bedroom for the care provider(s). Specific Use Permit Required Permit Required It shall be unlawful for any person to occupy, construct, alter, extend, or expand any assisted living facility, group home for handicapped persons, or institution within the limits of the city without a valid permit issued by the city in the name of such person for the specific occupation, construction, alteration, or extension of the assisted living facility, group home, or institution proposed. 1471 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 229 Print Date: November 20, 2020 Transfer The permit shall be specific to the person named in the application for the permit and shall not be transferred without the prior written consent of the city through the issuance of a new permit. Expiration of Permit If the proposed occupation, construction, alteration, or extension is not commenced within one calendar year from the date the permit for such occupation, construction, alteration, or expansion was issued, said permit shall automatically expire, unless the city approves an extension of time or issues a new permit. Application and Fee Requirements All applications and required fees for assisted living facilities, group home, or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: Name and address of the applicant; Location and legal description of the property where the assisted living facility or group home will be located; and Documentation that the assisted living facility, group home for handicapped persons, or institution has met federal, state, and local licensing requirements. Site Plan Requirements Any structure proposed to be used for shared group housing for the handicapped shall provide the square footage in each bedroom: To house one handicapped person per bedroom, the dwelling unit shall provide 100 square feet of space per bedroom. To house two handicapped persons per bedroom, the dwelling unit shall provide 120 square feet of space per bedroom. Any structure proposed to be used for an assisted living facility, group housing for handicapped persons, or institution shall provide for a separate bedroom for the care provider(s). Issuance of Permit In considering the application, the city may take into account the proposed location of the assisted living facility, group home for handicapped persons, or institution in relation to the present and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, assisted living facility, group home for handicapped persons, or institution complies with this subchapter and other applicable laws, codes, and regulations, the permit shall be issued. Denial of Permit/Hearing Any person whose application for a permit under this subchapter has been denied, may, within 10 days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a permit shall be 1472 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.3 Residential Uses Denton, Texas – Denton Development Code 230 Print Date: November 20, 2020 accepted within one year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same. Permit Exemption The permit requirement is for the use and occupancy of assisted living facilities, group homes, or institutions and does not include community homes for disabled persons. Licenses It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained, upon any property owned or controlled by such person any assisted living facility, group home for handicapped persons, or institution within the limits of the city unless such person holds a valid license issued in accordance with the Administrative Criteria Manual. Location of Assisted Living Facility, Group Home for Handicapped Persons, or Institution No other assisted living facility, group home for handicapped persons, or institution shall be located within a radius of 600 feet of another licensed facility, home, or institution as determined by the city. Inspections Compliance Inspection Any duly authorized inspector of the city, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any assisted living facility, group home, or institution to determine compliance with this DDC and other applicable city ordinances. Right of Entry Any duly authorized inspector of the city, as set forth in subsection, a shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the city shall have all available remedies at law to gain entry, including but not limited to a court order showing probable violation of state or local law. Notices, Hearings, and Orders Notice of Violations; Requirements of Notice; Suspension and/or Revocation Whenever it is brought to the attention of the city that there has been a violation of any provision of this subchapter, the city shall give notice of such alleged violation to the permittee or licensee, or their respective agent, and each resident of the facility as provided. The notice shall: Be in writing; Include a statement of the reasons for its issuance; Allow a reasonable time of not less than 30 days nor more than one year, based upon the nature and severity of the violation and having due regard for the 1473 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.4 Public, Institutional, Religious, and Civic Uses Denton, Texas – Denton Development Code 231 Print Date: November 20, 2020 safety and protection of the community, for the performance of the corrective measures required; Be served upon the permittee or licensee, or the permittee or licensee's agent; provided, however, that the notice shall be deemed to have been properly served upon the permittee, licensee, or their respective agents, when a copy has been sent by mail to the permittee's, licensee's, or their respective agent's, last known address, or when the permittee or licensee, or respective agent, has been served with the notice by any method authorized or required by the laws of this state; and Contain an outline of remedial action, when, if taken, will effect compliance with the provisions of this subchapter. If the violation is not remedied in accordance with the notice, and a breach of the subchapter continues, then the city, may suspend and/or revoke any permits or licenses issued in addition to any punishment provided. Residents of the facility shall be notified by mail of any notice of violations or orders by regular mail and/or posting of the notice in common areas of the facility. Vacation of Residents/Cessation of Operations The notice shall also specify vacation by the residents for the period of suspension or as ordered by the city upon revocation. The city may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety, and general welfare of the citizens of the city. Compliance Required It shall be the responsibility of the permittee or licensee to ensure that all requirements of this subchapter are met and maintained. Any violation of any of the provisions of this subchapter shall subject the permittee or licensee to the general penalty provisions of this DDC. Public, Institutional, Religious, and Civic Uses Club or Lodge Operation Club or lodge facilities shall be owned or operated by a non-profit or social welfare organization that is tax-exempt as described in the Internal Revenue Code (IRC), Section 501(c)(4). Such facilities shall be for special educational or recreational purposes, but not primarily for profit or to render a service that is customarily carried on for gain. R7 and MN Zoning District Uses are limited to no more than 10,000 square feet of gross floor area per lot. A specific use permit is required for additional square footage for a club or lodge. Drive-through service is prohibited. Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot. MR Zoning District Uses are limited to no more than 20,000 square feet of gross floor area per lot. Drive-through service is prohibited. 1474 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.4 Public, Institutional, Religious, and Civic Uses Denton, Texas – Denton Development Code 232 Print Date: November 20, 2020 Within a club or lodge, restaurant areas shall not exceed 5,000 square feet per lot. LI and HI Zoning Districts Uses are limited to no more than 20,000 square feet of gross floor area per lot. Day Care, Adult or Child In the LI zoning district, day care is only allowed as an accessory use to the primary business within the same structure. Such accessory use shall be limited to serving only those employees or owners of the business or businesses within the same structure. Homeless Shelter Separation Unless municipal consent is granted under paragraph (3) below, a person may not construct or operate a homeless shelter within 1,000 feet of another homeless shelter or a public or private school. For purposes of this standard, distance is measured along the shortest straight line between the nearest property line of the homeless shelter and the nearest property line of another homeless shelter or a primary or secondary school, as appropriate. Notice A person who intends to construct or operate a homeless shelter shall: Post notice of the proposed location of the shelter at that location; and Provide notice of the proposed location of the shelter to the governing body of the municipality within the boundaries of which the shelter is proposed to be located. The person shall post and provide the notice required by paragraph (a) above before the 61st day before the date the person begins construction or operation of the homeless shelter, whichever date is earlier. Municipal Consent Municipal consent to the construction or operation of a homeless shelter subject to paragraph (1) above is considered granted unless, before the 61st day after the date notice is received by the city under paragraph (0), the city determines by resolution after a public hearing that the construction or operation of a shelter at the proposed location is not in the best interest of the city. The City Council may rescind a resolution adopted under paragraph (a) above. Religious Assembly A religious assembly use may include accessory or subordinate uses and structures associated with its religious mission, such as: rectories, convents, meeting halls, offices for administration of the institution, schools, educational facilities, dormitories for students, parsonages, dwelling units for religious organization personnel, recreational facilities, day care facilities, arenas or production studios, or any combination of such optional uses, provided that: Any accessory or subordinate uses are secondary to an active primary religious assembly use located on the same premises, regardless of whether such uses are owned, operated, managed, supported, or endorsed by, or otherwise affiliated with, any religious organization, mission or belief, and regardless of whether any religious message, teachings, 1475 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 233 Print Date: November 20, 2020 customs, celebrations, ceremonies, rituals, rites, worship, or content are provided in conjunction with such uses; and Any uses having a residential component, such as rectories, convents, parsonages, dormitories and dwelling units, shall be located within an accessory structure, secondary to the main religious assembly use. The principal structure may not be used for any such residential use. Business or Trade School MN and MD Zoning Districts Uses are limited to no more than 5,000 square feet of gross floor area per lot. MR and SC Zoning Districts Uses are limited to no more than 10,000 square feet of gross floor area per lot. Hospital Services In the MR and SC zoning districts, main entries and ambulance loading zones shall not face residential zoning categories. Medical Clinic 1.In the MN, MD and SC zoning districts, uses are limited to no more than 10,000 square feet of gross floor area per lot. 2.In the MN, MD, MR, and SC zoning districts, main entrances and ambulance loading zones shall not face residential zoning categories. Medical Office R7 Zoning District Uses greater than 10.000 square feet require a specific use permit pursuant to Subsection 2.52: Specific Use Permit (SUP). MN Zoning District Uses are limited to no more than 10,000 square feet of gross floor area per lot. MD and SC Zoning Districts Medical office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Commercial Uses General Agriculture The keeping of livestock and other animals shall be subject to the standards in Subpart A, Chapter 6: Animals, in the Municipal Code of Ordinances. Commercial Stable In the R1 and R2 zoning districts, livestock are limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre over three. 1476 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 234 Print Date: November 20, 2020 Kennel Enclosed Building Requirement The parts of a building where animals are boarded shall be fully enclosed, with solid core doors and no operable windows, and shall be sufficiently insulated so no unreasonable noise or odor can be detected off premises. Kennels with Outdoor Facilities Outdoor facilities, including outdoor runs, shall not be located within 150 feet of any adjacent property unless such adjacent property is owned by the operator of the kennel. Veterinary Clinic In the MD zoning district, veterinary clinics are limited to no more than 5,000 square feet per lot. RV Parks Generally Occupation by a single user shall not exceed a period of six months. The principal business of a RV park shall be to provide sites for RVs, camper vehicles, and travel trailers. Mobile homes designed to meet residential building codes are prohibited. Plumbed sanitary facilities shall include a minimum of one men’s and one women’s toilet, lavatory, and shower for each 25 RV spaces that provide water and sewer hookups, and one men’s and one women’s toilet, lavatory, and shower for each 15 RV spaces that that do not provide water and sewer hookups. One sanitary dump station with water facilities shall be provided for every RV park. Site Design Standards RV parks shall have a minimum land area of one-half acres. The maximum density for an RV park is 25 recreational vehicle stalls per one acre of gross land area. Recreational vehicles shall be separated from each other and from all other structures by a minimum of 10 feet. For the purposes of such measurement, any accessory to a recreational vehicle, such as an awning or individual storage facility, shall be considered as part of the recreational vehicle. No recreational vehicle shall be closer than 20 feet to the property line adjoining a public right-of-way nor closer than 15 feet to any residential zoning district as established in Table 3.1-A: Zoning District Designations. Access and Circulation Entrances and exits may not be accessed through a residential zoning district as established in Table 3.1-A: Zoning District Designations, nor require traffic movement to or from the RV park through a residential zoning district. Access to a lot may be provided via a public access easement. There shall be no minimum required street frontage. Two-way and one-way traffic drive-aisle widths shall conform to the dimensional standards in this DDC and the Transportation Design Criteria Manual. 1477 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 235 Print Date: November 20, 2020 Parking Each RV space shall include parking for a recreational vehicle. Additional off-street parking shall be provided at community sanitary facilities. Accessory Uses RV parks may include the following accessory uses: service buildings associated with the campground or RV park including utilities, management office, repair shop, equipment storage, sanitary facilities, and laundry facilities; recreation facilities; equipment rentals; concessions; camping supply sales; and up to two residential dwelling units or permanent recreational vehicles for the purpose of housing a resident manager and caretaker. Bar, Tavern, or Lounge The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container. The distribution of manufactured or alcoholic beverage products is prohibited. Mobile Food Court Operation Participating mobile food businesses or other authorized vendors shall obtain a business license and any other permits or approvals as required by the Municipal Code of Ordinances prior to operation at a mobile food court. All activities associated with a mobile food court must comply with all health department requirements. All proposed activities shall be conducted on private property owned or otherwise controlled by the applicant. The proposed mobile food court shall not impede pedestrian or vehicular traffic in the public way. Live music shall conform to established noise standards in the City of Denton. Design A minimum lot or parcel area of 2,000 square feet is required to operate a mobile food court. All dimensional and development standards of the underlying zoning district shall be met prior to approval of a mobile food court. Hard surface paving at the vehicular entrance to the mobile food court, and for each individual mobile food business is required. Alternatives to asphalt and cement may be approved as part of the specific use permitting process. The mobile food court shall not occupy required parking stalls of any principal use of the site. Private Club RR, MN, and MD Zoning Districts Private clubs shall be limited to sit down only, no more than 100 seats, and no more than 4,000 square feet of restaurant area. Drive up service is prohibited. 1478 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 236 Print Date: November 20, 2020 MR, SC, LI, and HI Zoning Districts Uses are limited to no more than 10,000 square feet of gross floor area. Restaurant In the MN zoning district, restaurants shall not exceed 10,000 square feet per lot. The storage of raw and/or spent materials associated with crafting of alcoholic beverages shall be kept in a fully enclosed structure, building, or container. The distribution of manufactured or alcoholic beverage products is prohibited. Restaurant, with Drive-Through All drive-through facilities shall comply with the Transportation Design Criteria Manual; Subsection 7.9.7: Loading Areas and Drive-Throughs; and the off-street parking, loading, and stacking requirements established in Section 7.9: Parking and Loading. Administrative, Professional, and Government Office R3, R4, and R6 Zoning Districts Administrative, professional, and government office uses shall not exceed 10,000 square feet per lot. R7 Zoning District Uses greater than 10,000 square feet require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). MN and MD Zoning Districts Administrative, professional, and government office uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Bank or Financial Institution R7 Zoning District Drive-through facilities are prohibited. Banks or financial institutions shall only be allowed as part of a mixed-use building. MN, and MD Zoning Districts Drive-through facilities require a specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Musician Studio Musician studios shall conform to established noise standards in the City of Denton. Credit Access Business Credit access businesses shall not be located within 1,000 feet of another credit access business, measured in a direct line from property line to property line. Credit access businesses shall register with the city pursuant to City Ordinance 2013-073. 1479 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 237 Print Date: November 20, 2020 Laundry Facility, Self-Service R7 Zoning District Self-service laundry facilities shall only be permitted as an accessory use to multifamily dwellings, and such use shall be located within a multifamily structure. MN, MD, and MR Zoning Districts Individual self-service laundry facilities shall not exceed 2,500 square feet per lot. Tattoo and Body Piercing Parlor Tattoo and body piercing parlors shall comply with licensing and certification requirements of the Texas Department of State Health Services. General Retail Unless Otherwise Specified, Less than 5,000 Square Feet In the R7 zoning district, general retail shall only be allowed as part of a mixed-use building. General Retail Unless Otherwise Specified, More than 15,000 Square Feet In the LI and HI zoning districts, general retail uses with more than 25,000 square feet per lot shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Bed and Breakfast Size and Number of Guest Units In the RR, R4, R6, R7, and MN zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be five. In all other zoning districts, the maximum number of guest units for any bed and breakfast establishment shall be eight. Location and Operation Bed and breakfast establishments shall be within 200 feet of a collector or arterial street. Distances shall be measured along a public street or alley access to the site from the arterial or collector street. The business owner or manager shall be required to reside on the property or on an adjacent property. 1480 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 238 Print Date: November 20, 2020 Short-Term Rental Registration Requirements No person shall advertise, offer to rent, or rent, lease, sublease, license, or sublicense a residential property within the city as a short-term rental for which a registration has not been properly made and filed with the Development Services Department. Registration shall be made upon forms furnished by the city for such purpose and shall specifically require the following minimum information: Name, address, phone number and e-mail address of the property owner of the short- term rental property; Verification that the proposed short-term rental property is the applicant's primary residence; Name, address, phone number and e-mail address of the designated local emergency contact; The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with Subsection 5.3.1D: Maximum Persons Occupying a Dwelling; A submission of a sketch floor plan of the dwelling with dimensional room layout; and A site plan/survey of the property indicating maximum number of vehicles that can be legally parked on the property, without encroaching onto streets, sidewalks or alleys, other public rights-of-way or public property. Operation External Signage There shall be no external on-site or off-site advertising signs or displays indicating the property is a short-term rental. Limit on Occupants Allowed No more than two adult guests per bedroom, plus no more than two additional adults shall be allowed when renting a property as a short-term rental, except that there shall be a maximum occupancy of 10 persons, adults and children. Limits on Number of Vehicles There shall be a maximum of one vehicle per bedroom, or the maximum number of vehicles that can be accommodated within the garage and driveway, without extending over the public rights of way (alleys and sidewalks), whichever is less. Advertisements and Contracts Any advertisement of the property as a short-term rental and all rental contracts must contain language that specifies the allowed maximum number of occupants and maximum number of vehicles. Other Restrictions It is unlawful: To operate or allow to be operated a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; To advertise or offer a short-term rental without first registering, in accordance with this DDC, the property in which the rental is to occur; documented 1481 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 239 Print Date: November 20, 2020 advertisement of the subject property as a short-term rental, online or offline, shall be considered evidence of a violation of this DDC; To operate a short-term rental in any location that is not the registrant’s primary residence; To operate a short-term rental that does not comply with all applicable city and state laws and codes; To operate a short-term rental without paying the required hotel occupancy taxes; To offer or allow the use of a short-term rental for the sole or primary purpose of having a party venue; To fail to include a written prohibition against the use of a short-term rental for having a party in every advertisement, listing, or other publication offering the premises for rent; and Permit the use of short-term rental for the purpose of: housing sex offenders; operating a structured sober, recovery or other purpose living home or similar enterprise; selling illegal drugs; selling alcohol or another activity that requires a permit or license under the Alcoholic Beverage Code; or operating as a sexually oriented business. Brochure and Safety Features Informational Brochure Each registrant operating a short-term rental shall provide to guests a brochure that includes: The registrant’s 24-hour contact information; A local responsible party’s 24-hour contract information if the owner is not within the city limits when guests are renting the premises; Pertinent neighborhood information including, but not limited to, parking restrictions, restrictions on noise and amplified sound, and trash collection schedules; and Information to assist guests in the case of emergencies posing threats to personal safety or damage to property, including emergency and non-emergency telephone numbers for police, fire, and emergency medical services providers and instructions for obtaining severe weather, natural or manmade disaster alerts and updates. Safety Features Each short-term rental registrant shall provide, in the premises, working smoke detectors in accordance with adopted codes, at least one working carbon monoxide detector and alarm, and one working fire extinguisher. The premises shall, otherwise comply with all applicable City regulations, including but not limited to Building and Fire Codes. 1482 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 240 Print Date: November 20, 2020 Notification of Approval of Short-Term Rental Within 10 days of the approval of a short-term rental, the city shall send notice to all property owners within 100 feet of the subject property, and shall include the 24-hour complaint line, and pertinent information about standards regulating short-term rentals. Registration Term, Fees, and Renewal All short-term rental registrations approved under this DDC shall be valid for a period of one year from the date of its issuance. The fee for registration of a short-term rental is identified in the Administrative Criteria Manual. Upon receipt of an application for renewal of the registration, the Director may deny the renewal if there is reasonable cause to believe that: The registrant has plead no contest to or been convicted of a violation of any ordinance of the city, or any state, or federal law on the premises or has permitted such a violation on the premises by any other person; or There are grounds for suspension, revocation, or other registration sanction as provided in this DDC or other applicable city codes. Right to Inspect Premises The City of Denton reserves the right, with reasonable notice to the owner, to inspect the residential premises to determine compliance with this DDC as well as other applicable city codes. If only a portion of the premises is offered for rent, then that portion, plus shared amenities and points of access, may be inspected. If, upon completion of an inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances, the city shall provide written notice of such violation and shall set a re-inspection date for a violation to be corrected prior to its occupancy. Automotive Fuel Sales Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Automotive Repair Shop, Major All repairs, services, and storage shall be conducted within an entirely enclosed structure. Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Sales of vehicles shall be prohibited. Automotive Repair Shop, Minor Storage of vehicles on the premises shall not exceed 30 days. Storage of equipment, auto parts, and supplies used in servicing vehicles shall be maintained entirely within an enclosed structure. 1483 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 241 Print Date: November 20, 2020 Open storage of wrecked or inoperable cars, discarded tires, auto parts, or similar materials shall be prohibited. Sales of vehicles shall be prohibited. Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard Automotive wrecking services, impound lots, junkyards, and salvage yards shall comply with the Texas Administrative Code regarding vehicle storage facilities. Stored vehicles shall be screened from public view from all rights-of-way, residential zoning districts, and residential uses. Stored vehicles shall not be located within the floodplain, water-related habitat, riparian buffers, or other environmentally sensitive areas. Best management practices addressing stormwater quality must be implemented and maintained on-site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. This standard does not apply to automotive wrecking service, impound lot, junkyard, or salvage yard establishments that do not provide outdoor storage of vehicles, equipment, parts, or other materials. Any expansion of a nonconforming salvage yard shall require a specific use permit. Equipment Sales and Rental Maintenance of equipment shall be conducted entirely within an enclosed building. Unenclosed storage of inoperable or wrecked equipment or materials shall be prohibited. All other unenclosed stored equipment shall be screened from public view from all rights- of-way, residential zoning districts, and residential uses. Sexually Oriented Business Purpose and Intent It is the purpose of this subsection to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this subsection have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this subsection to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material. Findings Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's 1484 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 242 Print Date: November 20, 2020 a.m., 120 C. Ct. 1382 (2000), and on studies in other communities including, but not limited to: Phoenix, Arizona; Minneapolis, Minnesota; St. Paul, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; Beaumont, Texas; Dallas, Texas; Newport News, Virginia; Bellevue, Washington; New York, New York; and St. Croix County, Wisconsin; and also on findings from the "Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses" (June 6, 1989, State of Minnesota), the City Council finds: Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for the activities that occur on their premises. Certain employees of sexually oriented businesses, defined in this section as adult theaters and adult cabarets, engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those that provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows. Offering and providing such space encourages such activities, which creates unhealthy conditions. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to syphilis, gonorrhea, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view "adult" oriented films. The findings noted in paragraphs (a) through (f) raise substantial governmental concerns. Sexually oriented businesses have operational characteristics that should be reasonably regulated in order to protect those substantial governmental concerns. The general welfare, morals, health, and safety of the citizens of the city will be promoted by the enactment of this section. Location of Sexually Oriented Businesses The location regulations of this subsection are enacted pursuant to the authority of TLGC, Chapter 211. All other provisions of this subsection are enacted pursuant to the city's police 1485 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 243 Print Date: November 20, 2020 power and the authority of Article XI, Section 5, of the Texas Constitution. Sexually oriented businesses shall comply with the following separation requirements: A sexually oriented business shall not operate adjacent to an arterial street and within 1,000 feet of the following uses: A school, church, adult or child day care, elderly housing facility, hospital, public park or playground, residential zoning district, or lot devoted to a residential use; or Another sexually oriented business. The distance between shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior walls of the structures in which the sexually oriented business is located to the nearest property line. Only one sexually oriented business is allowed in a building, structure, or portion of a building or structure. Additional Regulations for Escort Agencies An escort agency shall not employ any person under the age of 18 years. A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years. Additional Regulations for Nude Model Studios A nude model studio shall not employ any person under the age of 18 years. A person under the age of 18 years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex. A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way. Additional Regulations for Adult Theaters and Adult Motion Picture Theaters A person commits an offense if he or she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater. A person under the age of 18 years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater. It is a defense to prosecution under this section if the person under 18 years was in a restroom not open to public view or view of persons of the opposite sex. Additional Regulations for Adult Motels Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Subchapter 9: Definitions. 1486 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.5 Commercial Uses Denton, Texas – Denton Development Code 244 Print Date: November 20, 2020 A person commits an offense if, as the person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not comply with the location requirements of this subsection, he or she rents or sub-rents a sleeping room to a person, and, within 10 hours from the time the room is rented, he or she rents or sub- rents the same sleeping room again. The terms "rent" or "sub-rent" mean that act of permitting a room to be occupied for any form of consideration. Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, or other video reproduction distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas," shall comply with the following requirements: The establishment shall provide for one or more manager's stations, none of which shall exceed 32 square feet of floor area. The manager's stations shall be designed to provide a monitoring location for the operators or employees of the establishment during business hours and to exclude members of the general public. The interior of the premises shall be configured so that there is an unobstructed view from a manger's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside any part of the premises. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified (a)(i) above, remains unobstructed by any doors, walls, merchandise, display racks, or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the establishment that does not have an unobstructed view from a manager's station. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place in which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. A person having a duty as provided in (a)(i) through (a)(v) above commits an offense if he or she knowingly fails to fulfill that duty. 1487 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.6 Industrial Uses Denton, Texas – Denton Development Code 245 Print Date: November 20, 2020 Defenses to Enforcement It is a defense to prosecution under this subsection that the person appearing in a state of nudity did so in a modeling class operated: By a proprietary school licensed by the State of Texas; By a college, junior college, or university supported entirely or partly by taxation; By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or In a structure: Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and Where in order to participate in a class a student must enroll at least three days in advance of the class; and Where no more than one nude model is on the premises at any one time. It is a defense to prosecution under this subsection that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value. Each day on which a violation occurs shall be separate and distinct violation. Industrial Uses Craft Alcohol Production In the MD, MR, and SC zoning districts: On-premise consumption or retail sales shall be required to operate a craft alcohol production establishment. Areas used for production, bottling, packaging, storing, and other manufacturing related activities shall not exceed 10,000 square feet of gross floor area per lot. Additional square footage shall require specific use permit approval pursuant to Subsection 2.5.2: Specific Use Permit (SUP). The storage of raw and/or spent materials shall be kept in a fully enclosed structure, building, or container. The establishment shall operate in full compliance with all rules and regulations of the Texas Alcoholic Beverage Commission. Food Processing, Less than 2,500 Square Feet MN, MD, MR, and SC Zoning Districts Only on-premises sales shall be allowed. Distribution, warehousing, or wholesaling activities are prohibited. All Zoning Districts If the proposed use is within 200 feet of a residential zoning district, approval is subject to a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 1488 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.6 Industrial Uses Denton, Texas – Denton Development Code 246 Print Date: November 20, 2020 Food Processing, More than 2,500 Square Feet MN, MD, MR, and SC Zoning Districts Only on-premises sales shall be allowed. Distribution, warehousing, or wholesaling activities are prohibited. All Zoning Districts If the proposed use is within 200 feet of a residential zoning district, and greater than 5,000 square feet per lot, then approval of a specific use permit shall be required pursuant to Subsection 2.5.2: Specific Use Permit (SUP). Manufacturing, Artisan In the MN and MD zoning districts: Artisan manufacturing uses shall be limited to 10,000 square feet per lot. If within 200 feet of a residential zoning district or residential use, artisan manufacturing uses shall be limited to 5,000 square feet per lot, unless a specific use permit is approved pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and permits the use to exceed 5,000 square feet per lot. All activities shall occur entirely within an enclosed structure. Manufacturing, Low-Impact In the MD Zoning District, uses are limited to a maximum of 10,000 square feet of gross floor area per lot. In the MR, SC, and HC Zoning Districts, uses with more than 10,000 square feet of gross floor area per lot shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). In the MD, MR, SC, HC, and GO Zoning Districts, all activities shall occur entirely within an enclosed structure. Outdoor Storage Generally No outdoor storage use shall constitute an automotive wrecking service, impound lot, junkyard, or salvage yard. Location and Screening of Storage No outdoor storage operation shall be located in front of a principal building. Materials stored outdoors shall be setback at least five feet from all property lines. Materials shall not be stored in areas intended for vehicular or pedestrian circulation. Outdoor storage shall be opaquely screened from public view pursuant to screening standards in Subsection 7.7.8: Walls, Fences, and Screening. Self-Service Storage Building Materials Except for fenestrations, as noted in (1)(b) below, each elevation shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, or concrete tilt-wall (colored or stamped). 1489 Subchapter 5: Use Regulations 5.3 Use-Specific Standards 5.3.7 Public and Semi-Public Utility Uses Denton, Texas – Denton Development Code 247 Print Date: November 20, 2020 The materials in subsection (1)(a) above shall not apply to fenestrations such as doors, windows, glass, and entryway treatments. Glass shall not account for more than 70 percent of the exterior wall area. Doors Overhead bay doors and/or storage unit doors shall not be visible from adjacent properties or public right-of-way. Fencing and Buffers Fencing materials shall be limited to masonry and wrought iron and shall comply with Subsection 7.7.8: Walls, Fences, and Screening. Landscape buffers shall be provided in accordance with Section 7.7.6: Compatibility Landscape Buffer Requirements. Other Activities No business activity other than the rental of storage units shall be conducted on the premises. Outdoor storage is prohibited. Warehouse and Wholesale Facility In the MR and SC zoning districts, uses shall be limited to a maximum of 55,000 square feet of gross floor area per lot. Public and Semi-Public Utility Uses Power Stations, Electric Substations, Interchanges, and Switch Stations Compliance with Electric Standards Electric substations and switch stations shall comply with the standards in Section 7.13: Electric Standards. A site plan demonstrating substantial conformance with all the applicable design standards identified in Section 7.13: Electric Standards, shall be submitted. Procedures for Review An applicant shall submit an application for a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), unless it is able to meet all the following requirements: Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan. A public hearing was held at the City Council for the selection of the site to include: Written notice of the public hearing was provided to property owners within 200 feet and physical addresses within 500 feet of the subject property at least 12 days prior to the public hearing; and A sign advertising the public hearing was posted on or adjacent to the property at least 12 days prior to the public hearing; and Proposed screening wall location and design were reviewed and approved by the City Council. A neighborhood meeting was held at least 15 days prior to the public hearing at City Council for the acquisition of the site. 1490 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.1 Purpose Denton, Texas – Denton Development Code 248 Print Date: November 20, 2020 Solar Collector as a Principal Use Solar collectors shall conform to all height, setback, and landscaping requirements within their respective zoning district. The following additional standards apply to all solar collectors: All solar collector systems shall be in compliance with all currently adopted building codes; Solar collector systems that use concentrator technologies and have not incorporated anti- glare measures into the system or installation shall be placed in areas so that the concentrated solar glare shall not be directed onto inhabited adjacent properties or roadways; and The design of the solar collector system shall use materials, colors, textures, screening, and landscaping similar to their background or the existing natural environment to the most reasonable extent possible without prohibiting the installation. Wind Energy Conversion System (WECS) For All Wind Energy Systems No tower shall be lit, except to comply with Federal Aviation Authority (FAA) standards. All wiring between the wind system and the substation shall be buried underground. All proposed wind systems shall conform to established noise standards in the City of Denton. For Large Wind Energy Systems The minimum acreage for a large wind system shall be established based on the setbacks of the turbine(s) and the height of the turbine(s); All turbines located within the same large wind system property shall be of a similar tower design, including the type, number of blades, and direction of blade rotation; Large wind systems shall be setback at least one and one-half times the height of the turbine and rotor diameter from the property line. Large wind systems shall also be setback at least one and one-half times the height of the turbine from above ground telephone, electrical lines, and other uninhabitable structures; Towers shall not be climbable up to 15 feet above ground level. Accessory Uses and Structures Purpose The purpose of this section is to establish minimum standards for accessory uses and structures that are incidental and subordinate to principal uses. These standards are intended to minimize adverse impacts on surrounding properties and the community. Accessory Uses and Structures Allowed All principal uses allowed in a zoning district pursuant to Table 5.2-A: Table of Allowed Uses, shall be deemed to include those accessory uses, structures, and activities typically associated with that use, unless specifically prohibited in this section. Accessory uses and structures are subject to the standards in this section and any applicable use-specific standards for the associated principal use in Section 5.3: Use- Specific Standards. Typical accessory uses are included in the use definitions in Subchapter 9: Definitions. 1491 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.3 General Standards for Accessory Uses and Structures Denton, Texas – Denton Development Code 249 Print Date: November 20, 2020 General Standards for Accessory Uses and Structures The combined square footage of the principal structure and accessory structure(s) shall not exceed the zoning district maximum building coverage specified in Subchapter 3: Zoning Districts. Accessory structures, with the exception of non-residential detached carports, gas station canopies, gas station car wash facilities, and security/entry booths, are prohibited in front and side yards. Accessory structures for public or private schools may be located in side yards, but shall not be located in front yards. Where permitted, accessory structures shall be set back a minimum of three feet from all property lines. No portion of an accessory structure may be located in, or encroach upon, any easement. All accessory structures that require a building permit shall be architecturally compatible with its associated principal structure and/or screened from view of abutting properties and public rights- of-way. Where permitted, accessory outdoor storage shall be located to the rear of the principal structure, shall be subject to the screening standards in Subsection 7.7.8: Walls, Fences, and Screening, and shall be limited to goods or materials sold or used on the premises as part of the principal use of the property. Additional Standards for Specific Accessory Uses Accessory Dwelling Unit Accessory Dwelling Units (ADUs) shall comply with the following standards: Generally Only one ADU shall be allowed per lot. ADUs shall only be permitted on lots where the principal use is a single-family detached dwelling. Size ADUs on Lots Smaller than 10,000 Square Feet ADUs shall not exceed 50 percent of the square footage of the principal dwelling unit on the lot. ADUs shall not exceed 1,000 square feet per lot. ADUs on Lots 10,000 Square Feet or Larger ADUs shall not exceed 50 percent of the square footage of the principal dwelling unit on the lot. Location and Design ADUs may be attached or detached units. Attached ADUs shall be fully attached to or within the principal structure on the lot. "Attached" shall mean at least one-quarter of the total wall area or the floor or ceiling of the ADU shall be fully connected to a wall, floor, or ceiling of the principal residential structure. Detached ADUs shall be located to the side or rear of the principal dwelling unit. 1492 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 250 Print Date: November 20, 2020 ADUs shall have a separate exterior entrance from the principal dwelling unit and shall contain cooking, sleeping, and sanitary facilities. Public Services and Utilities Separate water or sewer service for the ADU shall not be allowed. Separate metering of other utilities is allowed. Ownership Requirements Ownership of the ADU may not be legally severed from ownership of the associated lot and any other structures on such lot. Donation Box A donation box shall not restrict the use or access to any parking spaces that are required for the principal use on the lot. Home Occupations Home occupations shall comply with the following: General A home occupation shall be permitted only when it is an accessory use to a single- family detached, duplex, or townhome dwelling unit. A home occupation shall not involve any external structural alteration of the dwelling unit. Employees The home occupation shall be operated by the person(s) residing in the principal dwelling. No more than two employees that do not reside on the property shall be allowed on the premises at any given time. Patrons No more than four patrons shall be allowed on the premises at one time. Hours of Operation No home occupation shall remain open for visitation by patrons between the hours of 8:00 p.m. and 8:00 a.m. No External Display of Products There shall be no external display of products or any other externally visible evidence of the home occupation. Outdoor Storage and Activities No outdoor storage of materials, goods, supplies, or equipment associated with a home occupation shall be allowed. All activities related to the home occupation shall be operated entirely within the principal dwelling unit. Outdoor activities are strictly prohibited. Signage Home occupations shall not be allowed to place an advertisement, sign, or display on or off the premises. Product Sales A home occupation may include the sale of products on the premises, provided compliance is maintained with all other standards in this subsection. 1493 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 251 Print Date: November 20, 2020 Prohibited Equipment and Materials There shall be no chemical, mechanical, or electrical equipment on the premises, other than that normally found within a dwelling unit. Parking and Business-Related Vehicles (Vehicles Marked or Equipped Commercially) No on-street parking of business-related vehicles shall be allowed at any time. No business vehicles larger than a van, panel truck, or pickup truck shall be permitted to park overnight on the premises. The number of business-related vehicles shall be limited to one. Allowable Home Occupations Any use not listed in (C)(12) below shall be deemed an allowable home occupation so long as the use is allowed pursuant to Table 5.2-A: Table of Allowed Uses, and complies with the standards of this DDC. Prohibited Home Occupations The following uses are examples of home occupations that shall be prohibited: Retail sales; Medical doctors, or any practice of physical and/or medical application, including chiropractors; Dentists; Minor or major automobile or equipment repair; Commercial greenhouses or nurseries; and Animal grooming. Outside Storage, Accessory In addition to complying with all EPA regulations, the International Fire Code, and all other applicable ordinances, statutes, rules and regulations, outdoor storage: Shall be confined to the side or rear yard only, and shall be opaquely screened from public view, using screening materials pursuant to Subsection 7.7.8: Walls, Fences, and Screening; and Shall be set back at least five feet from the property line, and maintained so as to not create a nuisance to the public or any adjoining property. Sale of Produce and Plants Raised on Premises Permitted Sales Only the sale of produce or plants grown on-site shall be sold. Hours of Operation The sale of produce and plants shall only be permitted between the hours of 7:00 a.m. and 7:00 p.m. Structures No permanent structures shall be erected for the sale of produce and plants. 1494 Subchapter 5: Use Regulations 5.4 Accessory Uses and Structures 5.4.4 Additional Standards for Specific Accessory Uses Denton, Texas – Denton Development Code 252 Print Date: November 20, 2020 Solar Collector, (Ground- or Building-Mounted) If the solar collector is not flush with the roof, the applicant shall minimize the visibility of the collector from a public street, park, or open space to the most reasonable extent possible without prohibiting the installation. Ground-mounted collectors are allowed as an accessory structure and shall only be located outside of required setbacks. Ground-mounted accessory solar collectors shall not exceed the height of the principal structure on the lot or parcel. Wind Energy Conversion System (WECS), Small (Ground-Mounted) Generally An individual ground-mounted WECS shall be set back from the property line and the principal structure at least one and one-half times the height of the WECS structure. The height limit for an accessory WECS shall be the height limit in the underlying zoning district, as long as the WECS meets the setback established in (1)(a) above. The distance between the ground and the rotor blade (when the rotor blade in its lowest position) shall be a minimum of 20 feet. RR and R1 Zoning Districts Lots where the proposed WECS will be located shall have a minimum lot area of two acres. A maximum of one WECS per lot is permitted by right; more than one WECS per lot shall require approval of a specific use permit pursuant to Subsection 2.5.2, Specific Use Permit (SUP). 1495 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.4.5 Additional Standards for Specific Accessory Structures Denton, Texas – Denton Development Code 253 Print Date: November 20, 2020 Wind Energy Conversion System (WECS), Small (Building-Mounted) Rooftop WECS shall be considered an accessory use if the following are satisfied: The maximum height of the rooftop WECS does not exceed a height of 10 feet above the roof or the top of a parapet, whichever is higher. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS; The WECS is securely attached to the structure in compliance with all currently adopted Building Codes; and The blade rotor plane shall be at least four feet away from any window and at least 12 feet above any patio with human access. Additional Standards for Specific Accessory Structures Swimming Pools Discharge of swimming pools and backwash filters must be plumbed to the sanitary sewer. Temporary Uses and Structures Purpose The purpose of this section is to allow certain uses and structures of a limited duration subject to specified conditions. This section is intended to ensure that such uses or structures do not negatively impact surrounding properties and are discontinued upon the expiration of a set time period. Temporary Uses and Structures Allowed The Director may permit temporary uses in accordance with Table 5.2-A: Table of Allowed Uses, and according to any applicable use-specific standards. Figure 5.4‐A: Building‐Mounted WECS Height  1496 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.3 Approval Process for Temporary Uses and Structures Denton, Texas – Denton Development Code 254 Print Date: November 20, 2020 Approval Process for Temporary Uses and Structures General Prior to establishing a temporary use or structure, a temporary use permit shall be approved pursuant to Subsection 2.5.3: Temporary Use Permit. Neither the granting of a temporary use permit, nor compliance with its terms, shall constitute a defense to prosecution under any law or ordinance, other than as stated in this section. A temporary use permit serves only to conditionally permit the temporary use of property, provided that the permittee strictly complies with all permit requirements and restrictions. Conditions The Director may prescribe reasonable conditions upon a temporary use permit to protect the public health, safety, and general welfare of the community, with particular attention to areas proximately located to the permitted temporary use. Such conditions may include specific performance standards, noise mitigation measures, lighting restrictions, restrictions on hours of operation, odor control measures, off-street parking requirements, traffic restrictions, and other standards designed to minimize adverse impacts on surrounding areas. The Director may condition issuance of a temporary use permit upon either or both of the following: The applicant's demonstration of full compliance with all applicable permitting, licensing, surety, insurance, and performance standards of any governmental, administrative, or regulatory body exercising jurisdiction over the requested temporary use; and/or The applicant's posting of bonds or other securities in an amount, and of a type, reasonably sufficient to remediate, repair, and restore any public lands, infrastructure, or easements, or any public or private floodplains or environmentally sensitive areas, which could foreseeably suffer damage, directly or indirectly, as a consequence of the requested temporary use, regardless of whether such damages are actually caused by the applicant or by third-party participants in the temporary activity. Posting the Temporary Use Permit The applicant shall post the permit issued by the city in a prominent location on the site where the temporary use is established. Revocation of a Temporary Use Permit The Director may revoke a temporary use permit if it is determined that: The applicant misrepresented any material fact on his or her application, or supporting materials; The temporary use fails or ceases to comply with applicable standards or criteria for issuance of a permit; The operation of the temporary use violates any applicable statute, law, ordinance, or regulation; or The operation of the temporary use constitutes a nuisance or poses a real or potential threat to the health, safety, or welfare of the public. 1497 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.4 General Standards for Temporary Uses and Structures Denton, Texas – Denton Development Code 255 Print Date: November 20, 2020 General Standards for Temporary Uses and Structures Compliance with this DDC Temporary uses and structures are subject to the dimensional standards in Subchapter 3: Zoning Districts, and the development standards in Subchapter 7: Development Standards, unless otherwise stated in this section. Compatibility Temporary uses shall be compatible in intensity, characteristics, and appearance with existing land uses in the surrounding area of the proposed location. Factors such as location, access, traffic generation, noise, light, dust control, and hours of operation shall be considered. Required Licenses The applicant shall obtain all necessary licenses required by this DDC and by state law. Operation and Development All temporary uses, except occasional sales, shall comply with the following: Location Temporary uses shall comply with applicable setback requirements. In situations where temporary storage containers and other portable storage units are used for loading and unloading purposes and the only placement location is on an existing driveway, temporary storage containers and other portable storage units may encroach into a required setback. Display, sales, and other temporary use-related activities shall be conducted on private property and not on public land or rights-of-way, unless specifically permitted in writing by the Director. Access and Circulation Vehicular access points, public roads and rights-of-way, and pedestrian or bicycle paths shall not be damaged or obstructed. Public roads may be closed for a temporary special event where specifically authorized by the City Council. Temporary structures and all associated devices shall be of a temporary nature, movable, and shall not block visibility for vehicles or pedestrians on or off the lot so as to create a safety hazard. Temporary uses and structures may occupy required off-street parking only if specified and approved as part of a temporary use permit. Hours of Operation Hours of operation shall be compatible with the adjacent land uses. Maintenance and Clean Up The applicant shall guarantee that all trash and debris generated by the temporary use will be removed within 24 hours at no expense to the city. Signs Signs shall comply with Subpart B, Chapter 33, Signs and Advertising Devices, in the Municipal Code of Ordinances. 1498 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.5 Annual Permit Allowance and Renewal Periods Denton, Texas – Denton Development Code 256 Print Date: November 20, 2020 Occasional Sales No more than three occasional sales may be allowed upon the premises of a residential dwelling in any 12-month period (limited to one sale every four months), with a limit of three days per time, per lot. Annual Permit Allowance and Renewal Periods An applicant may renew, or receive a new temporary use permit for the same activity on the same lot in accordance with the following limitations: Table 5.5 -D: Summary of Temporary Use Permit Allowance Temporary Use Permits Per Year Days Per Permit Storage Containers and Other Portable Storage Units [1] 3 30 days Farmers Market 1 180 days Seasonal Sales No limit 30 days (per event) Occasional Sales 4 3 (per event) Special Events No limit 21 days (per event) Field or Construction Office [2] [2] Concrete or Asphalt Batching Plant 3 60 days Notes:  [1]Temporary storage containers and other portable storage units located within a nonresidential zoning district are allowed  one permit per calendar year, with a limit of 180 days per lot.  [2]Field or construction offices may be approved no sooner than 30 days prior to the start of construction and shall be removed  within 30 days after completion of the work for which the construction permit has been issued.  All uses not specifically listed in the table above shall be permitted for a maximum period of 30 days per calendar year, per lot, subject to Director approval. Applicants may not obtain a permit for a temporary use for the same lot if that site has exceeded the time limitation for that calendar year. Additional Standards for Specific Temporary Uses and Structures Temporary Storage Containers and Other Portable Storage Units Temporary storage containers and other portable storage units shall be located on an improved surface, but may not be located in any part of a fire lane, required parking space, maneuvering lane, public right-of-way, or visibility triangle. The property where the temporary storage container or other portable storage unit is located shall contain a principal structure, and the storage container or other portable storage unit will be considered accessory to the principal structure. Storage containers and other portable storage units that are less than 120 square feet, located in a rear yard, and are screened from public view are not required to obtain a temporary use permit. 1499 Subchapter 5: Use Regulations 5.5 Temporary Uses and Structures 5.5.6 Additional Standards for Specific Temporary Uses and Structures Denton, Texas – Denton Development Code 257 Print Date: November 20, 2020 Concrete or Asphalt Batching Plant, Temporary Permit Requirements Applicants for a permit to operate a temporary concrete or asphalt batching must submit a letter from the Texas Commission on Environmental Quality (TCEQ) indicating that the proposed facility is exempt from the permitting procedures under the standard exemption, as amended. Concrete Batching Plants When both wastewater and stormwater discharges will be generated on-site, concrete batch plants must be permitted under TCEQ discharge permit TXG110000. When only stormwater discharges will be generated on-site, concrete batch plants may be included in construction stormwater permit TXR150000 for the construction site, if located at the construction site. Location Temporary concrete batching plants (including associated stationary equipment and stockpiles) shall be located at least 300 feet from any recreational area, school, residence or other structure not occupied or used solely by the owner of the property upon which the facility is located. This distance limitation does not apply to structures within the boundaries of the project for which the facility is to pour concrete, provided that the facility is located on or contiguous to the project. Temporary asphalt batching plants shall be located at least one-half mile from any recreational area, school, or residence, or any other structure not occupied or used exclusively by the owner of the property upon which the facility is located. Operational Standards The facility shall be operated in a manner that eliminates unnecessary dust, noise, and odor (including, with limitation, covering trucks, hoppers and chutes, loading and unloading devices, mixing operation and maintaining driveways and parking areas free of dust). All stockpiles shall be sprinkled with water or dust suppressant chemicals, or both, as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. Spilled cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened to minimize dust emissions due to wind erosion and vehicle traffic. All open-bodied vehicles transporting material from a dry batch plant to the paving mixer shall be loaded with a layer of sand on top, and the truck shall be covered with a tarp to minimize the emission of dust under existing conditions. The applicant shall clear the site of all equipment, material, and debris upon completion of the project. Hours of Operation The facility may operate only between the hours of 6:00 a.m. and 8:30 p.m., Monday through Friday, from June 1 to September 30; 7:00 a.m. and 8:30 p.m., Monday through 1500 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.1 Purpose and Goals Denton, Texas – Denton Development Code 258 Print Date: November 20, 2020 Friday, from October 1 to May 31; 8:00 a.m. and 8:30 p.m. on Saturdays; and 1:00 p.m. and 8:30 p.m. on Sundays. Revocation of Permit In addition to the criteria established in Subsection 5.5.3D, the Director may terminate or revoke a temporary use permit for a concrete or asphalt batching plant for any of the following reasons: The facility fails to comply with any of the requirements as listed in this subsection; or The facility violates any of the standards as listed on the standard exemption list adopted by the Texas Commission on Environmental Quality (TCEQ), as amended. Additional Approval Required for Off-Site Temporary Batch Plants A Specific Use Permit (SUP) is required for all temporary batching facilities grinding,  mixing, or otherwise preparing concrete, asphalt, or its ingredients or products for  transportation to another site other than the site on which the batching facility is being  located. Field or Construction Office Field or construction offices may only be approved for licensed contractors working on construction projects for which permits have been issued. They shall be located on the same property and within the same project area where the work is being performed and shall not encroach into any public right-of-way. Field or construction or offices shall be required to meet all applicable state and local building and set-up codes. Field or construction offices may not be used as a dwelling unit or residence. Wireless Telecommunications Facilities Purpose and Goals The purpose of this section is to establish guidelines regulating the location of telecommunication towers and antennas with the objective of minimizing their number, to protect and promote public safety, and to mitigate any adverse visual impacts on the community, while promoting the provision of telecommunications service to the public. The goals of these regulations are to: Protect residential areas and land uses from potential adverse impacts of towers and antennas; Encourage the location of towers in non-residential areas; Minimize the total number of towers throughout the community; Encourage the joint use of new and existing tower sites as a primary option, rather than construction of additional single-use towers; Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging techniques; 1501 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.2 Compliance with Telecommunications Act Denton, Texas – Denton Development Code 259 Print Date: November 20, 2020 Enhance the ability of providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; and Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. Compliance with Telecommunications Act The regulations contained in this DDC have been developed under the following general guidelines as provided in the federal Telecommunications Act of 1996: Cities have local authority over "placement, construction, and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities; Regulations "shall not unreasonably discriminate among providers of functionally equivalent services;" Regulations "shall not prohibit or have the effect of prohibiting the provision of personal wireless services;" "Denial shall be in writing and supported by substantial evidence;" and Cities may not "regulate the placement, construction, and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission regulations concerning such emissions." Notwithstanding any other provision of this section, telecommunications towers and antennas, when permitted by federal law and the laws of the State of Texas, shall be regulated and governed by the use regulations and requirements of this section. Applicability All new towers and antennas within the corporate limits of the city shall be subject to these regulations, except as provided in paragraphs (A) and (B) below: Amateur Radio Station Operators/Receive Only Antennas This section shall not govern any tower or installation of any antenna that is under 70 feet in height and that is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. Pre-Existing Towers or Antennas Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this DDC, except the requirements of subsections 5.6.7A, B, and H. General Provisions Applications All applications for rezoning or a specific use permit for a telecommunications tower, antenna, or other facility to provide a telecommunications service shall include a completed supplemental information form provided by the city regarding said facilities. In addition to any information required for applications for a specific use permit, applicants shall submit the following information: 1502 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.4 General Provisions Denton, Texas – Denton Development Code 260 Print Date: November 20, 2020 A detailed master antenna plan, clearly indicating the location of the proposed tower, on- site land uses and zoning, adjacent land uses and zoning, and other information deemed necessary by the Director. A legal description of the property and leased land, if applicable. The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties. The separation distance from other towers shown on an updated site plan or map. A landscape plan showing specific landscape materials. Method of fencing and finished color and, if applicable, the method of camouflage and illumination. Platted Lots Unless an exception is granted by the Planning and Zoning Commission, telecommunications facilities requiring rezoning or a specific use permit, including towers and related equipment buildings, shall be located on a platted lot. Technical Assistance When a rezoning or specific use permit is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of city staff to review, the applicant, in addition to the usual application fee, shall reimburse the city for the actual cost to the city for the services of a technical expert to review the application and/or information supplement, up to a maximum of $5,000. Pre-Application Meetings Prior to leasing or purchasing facilities, the telecommunications service provider is encouraged to meet with the Director or his or her designee to determine if the location will require a specific use permit or other approvals, and to review the merits of potential locations. Master Antenna Plan To facilitate co-location and coordination of telecommunication sites, the city shall, within 30 days of its effective date, notify the providers of telecommunications services, as that term is defined by federal law, of the enactment of this section. Said providers shall, within 90 days of the date of such notice, provide the city with their respective master antenna plans. Said plans shall include detailed maps, showing the locations and characteristics of all telecommunications towers and antennas serving any portion of the city and indicating coverage areas for current and, to the extent possible, future telecommunications towers and antennas. Providers shall also provide the city with any updates to the above documents within 90 days of their creation. 1503 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.5 Allowed Telecommunications Uses Denton, Texas – Denton Development Code 261 Print Date: November 20, 2020 Allowed Telecommunications Uses Table 5.6-E: Allowed Telecommunications Uses P = permitted S = specific use permit required Blank cell = use prohibited  = use-specific standards apply Residential Mixed-Use Corridor Nonresidential Use-Specific StandardsRR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF NEW LATTICE, OTHER TOWERS 0 to 50 feet P P P P P P P P Over 50 feet S S S S S S S S NEW MONOPOLE TOWER 0 to 85 feet P S P P P P P P P Over 85 feet S S S S S S S S S ALTERNATIVE MOUNTING STRUCTURES 0 to 100 feet S P P P P P P P P P Over 100 feet S S S S S S S S S S ANTENNAE-ONLY MOUNTINGS Building-Mounted Panels P PPP P P PP P P 5.6.6A Building-Mounted Whips P P P P P P P P P P 5.6.6B Electric Distribution Poles P P P P P P P P P P Roof-Mounted Arrays P PPPPPPPPP5.6.6C DISH ANTENNA MOUNTINGS Building/Roof-Mounted Under 1 m Diameter P P P P P P P P P P P P P P P P Building/Roof-Mounted Under 2m Diameter P PPP P P PP P P 5.6.6D Building/Roof-Mounted Over 2m Diameter PP P P PP P P 5.6.6E Ground-Mounted Under 3m Diameter P P P P P P P P P P Ground-Mounted Over 3m Diameter P P P P P P P P P 5.6.6F Telecommunications Use-Specific Standards Building-Mounted Panels MD Zoning District Panels shall be mounted to a nonresidential or multifamily structure. Panels shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. MN, MR, and GO Zoning Districts Panels shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. 1504 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.7 Telecommunications Towers Denton, Texas – Denton Development Code 262 Print Date: November 20, 2020 Building-Mounted Whips RR Zoning District Whips shall be mounted to a nonresidential or multifamily structure. Whips shall be designed as “stealth” or otherwise camouflaged or concealed from view from a public or private right-of-way or residential zoning district. MD Zoning District Whips shall be mounted to a nonresidential or multifamily structure. Roof-Mounted Arrays Arrays shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Building/Roof-Mounted Under 2m Diameter MD Zoning District Antenna shall be mounted to a nonresidential or multifamily structure. MN, MR, and GO Zoning Districts Antenna shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Building/Roof-Mounted Over 2m Diameter In the MD, MR, and GO zoning districts, antenna shall be mounted to a nonresidential structure with more than 100,000 square feet of floor area. Ground-Mounted Over 3m Diameter In the MD zoning district, antenna shall be mounted to a nonresidential structure with more than 5,000 square feet of floor area. Telecommunications Towers Applicable Federal and State Standards All telecommunications towers and antennas shall be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state, and local standards. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Structural Standards Telecommunications tower structures must conform to the most current revision of EIA 222 standards. Guyed telecommunications towers shall be designed and located so that if the structure should fall it would avoid habitable structures and public streets. To insure structural integrity, the owners of the tower shall ensure that it is maintained in compliance with all applicable provisions of Subpart B, Chapter 28: Building and Building Regulations, of the Municipal Code of Ordinances, and all applicable state or local building codes and safety regulations, as well as the regulations published by the Electronic Industries Association (EIA) as amended from time to time. If, upon inspection, the city concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to 1505 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.7 Telecommunications Towers Denton, Texas – Denton Development Code 263 Print Date: November 20, 2020 the owner of the tower, the owner shall have 30 days to bring the tower into compliance with these standards. Co-Location Towers shall be designed and built to accommodate a minimum of two cellular or PCS providers, if over 75 feet in height. The owner of the tower must certify to the city that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Fencing Security fencing shall be installed by a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than six feet in height. The exterior of equipment buildings and/or metal equipment cabinets visible from residential areas or public rights-of-way must have a neutral aggregate finish or be painted to reflect the color and character of adjoining structures or blend with adjacent landscaping and other surroundings. Setbacks All telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within required front, rear, or side setbacks. Telecommunication towers in excess of 400 feet in height shall be set back a minimum of 2,600 feet from the right-of- way of all controlled access federal and state roadways designated as freeways to provide unobstructed flight paths for helicopters. Signage Except as otherwise permitted in this section, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Lighting Except as otherwise permitted in this DDC, no signals, lights, or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA, or other appropriate public authority. Abandonment In the event the use of any wireless communication facility, which would include any telecommunications tower or other antenna support structure, has been discontinued for a period of 360 days, the antenna support structure shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Official, who shall have the right to request documentation from the owner/operator regarding the issue of usage. Upon determination of abandonment, the owner/operator of the antenna support structure shall remove same within 90 days of receipt of notice from the Building Official notifying the owner/operator of such abandonment. If said antenna support structure is not removed within 90 days, the Building Official may cause it to be removed at the owner's expense. 1506 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.8 Tower Location Denton, Texas – Denton Development Code 264 Print Date: November 20, 2020 Tower Location Historical/Cultural Except for compatible alternative mounting structures that effectively camouflage or conceal the presence of telecommunications antennas, telecommunications facilities should not be located on or within 300 feet of property zoned historic or property included in a national or local historic zoning district. In addition, said facilities should, wherever possible, be located so as to ensure that historic or culturally significant vistas, and landscapes are protected and that the views of and vistas from architecturally and/or historically significant structures are not impaired or diminished. Residential Zoning Except as provided in Table 5.6-E, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a three to one distance to height ratio from a single- family residential use and one to one distance to height ratio from a multifamily use. Towers Permitted by Right Free standing monopole telecommunications towers 85 feet or less in height are permitted except as provided in Table 5.6-E, except for the MD zoning district and other applicable sections of this subchapter. Towers Requiring a Specific Use Permit All telecommunication towers to be located in the MD zoning district are permitted with a specific use permit. Telecommunication towers in excess of 50 feet in height and monopole towers in excess of 85 feet in height are permitted, except as provided in Table 5.6-E. Tower Spacing Any new telecommunications tower in excess of 180 feet in height must be located a minimum of one mile from any existing tower in excess of 180 feet in height. Alternative Mounting Structures New alternative mounting structures 100 feet or less in height are permitted, except as provided in Table 5.6-E, and other applicable subsections of this section. New alternative mounting structures in excess of 100 feet in height are permitted, except as provided in Table 5.6-E, and other applicable subsections of this section. Alternative mounting structures must be similar in color, scale, and character to adjoining buildings or structures, or blend with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment. Antenna Mounting Purpose The purpose of this subsection is to promote public safety and maintain order and harmony within the city's business, cultural, and residential zoning districts by restricting the size and location of telecommunication antennas. The objective is to avoid the creation of visual distractions, prevent obstructions to the view of pedestrians and motorists on public thoroughfares, and to insure the structural integrity of supporting structures. 1507 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.9 Antenna Mounting Denton, Texas – Denton Development Code 265 Print Date: November 20, 2020 Whip and Panel Antenna Mounting Individual telecommunications antennas are allowed on existing electric distribution poles, light standards, and telecommunication towers in excess of 40 feet in height, provided that: A joint use agreement is executed; and The antenna is not located within the power zone of the electric distribution pole. Antennas shall not be placed on electric transmission towers. The total length of any antenna does not exceed 15 percent of the height of the structure. The height of a telecommunications tower is determined by the highest point of any and all components of the structure, including antennas. Existing structures in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. Building-mounted panel antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts; provided that they are mounted flush with the exterior of the building and that they do not project above the roof line, nor more than 30 inches from the surface of the building to which they are attached. The antenna's appearance shall be such that its color and texture blends with the surrounding surface of the building. Whip antennas are permitted on non-residential buildings and multifamily dwellings in all zoning districts, provided that the total length of said whip antennas, regardless of mounting method or location, does not exceed 15 percent of the height of the building. Only one building/roof-mounted antenna support structure, less than 100 square feet in area, is permitted per 5,000 square feet of building floor area. Dish Antenna Mounting Dish antennas shall not be permitted in any front setback area or side yard setback adjacent to any roadway. Ground-mounted dish antennas in excess of five feet in height shall be screened from roadways and adjacent property by a minimum six foot high screening fence, evergreen hedge, or masonry wall. Dish antennas in excess of 10 feet in height or more than 10 feet in diameter are permitted, except as provided in Table 5.6-E. Building/roof-mounted dish antennas that are one meter or less in diameter are permitted, except as provided in Table 5.6-E, and other applicable regulations of this section. Building/roof-mounted dish antennas two meters or less in diameter are permitted on all buildings in excess of 5,000 square feet of building floor area except as provided in Table 5.6-E, and other applicable regulations of this section. Only one building/roof-mounted dish antenna that is two meters or less in diameter, is permitted per 5,000 square feet of building floor area, except as provided in Table 5.6-E, and other applicable regulations of this section. Building/roof-mounted dish antennas in excess of two meters in diameter may be permitted on buildings in excess of 100,000 square feet of building floor area, except as provided in Table 5.6-E, and other applicable regulations of this section. 1508 Subchapter 5: Use Regulations 5.6 Wireless Telecommunications Facilities 5.6.10 Structural Certification Denton, Texas – Denton Development Code 266 Print Date: November 20, 2020 Building/roof-mounted dish antennas in excess of one meter in diameter in residential zoning districts shall be painted to have an appearance that blends with the building on which they are located, or to be located so that they are not visible from any adjacent roadway. Building/roof-mounted dish antennas in excess of two meters in diameter in non- residential zoning districts shall be painted or screened with enclosures so as to have an appearance that blends with the building on which they are located, or to be located so that they are not visible from any adjacent roadway. Structural Certification Prior to the installation of any building/roof-mounted telecommunications antenna, antenna array, or support structure the Building Official shall be provided with an engineer's certification that the structure will support and not be adversely affected by the proposed antenna and associated equipment. Appeal Any entity that desires to erect or use telecommunication facilities that wishes to present evidence that such entity would be limited by the current ordinances or regulations of the city dealing with zoning and land use may apply for such use under this section. The City Council shall, upon a showing that strict application of regulations would prohibit or have the effect of prohibiting personal wireless service, as defined by federal law, modify the subject regulations, consistent with the spirit and intent of this subchapter and section, to the extent necessary to prevent the prohibition. 1509 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.e. Support/Opposition from Community 1510 5501‐A Balcones Dr. #302  Austin, TX 78731  Neighborhood Associations The Zeisel is not located within any neighborhood associations or home owner's association boundaries, nor are there any associations that would be impacted due to the distance and/or geographic features that will prevent any impacts. If it is determined there is a community stakeholder that should be contacted, we will gladly do so and host a meeting. The Zeisel will positively impact the surrounding community by bringing high quality new construction development in an area primed for redevelopment. The construction of The Zeisel will allow the City of Denton to leverage federal funds as part of this redevelopment effort in a qualified census tract. We will also be gathering letters of support from local non-profit organizations, which we will be happy to submit to City staff before the City Council approves Resolutions of Support. 1511 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.f. TDHCA Self-Score and Scoring Matrix 1512 DRAFT 12/15/21 11:20 AM QAP Reference Points Selected Concerted Revitalization Plan §11.9(d)(7) Community Support and Engagement Total 11 Criteria Promoting the Efficient Use of Limited Resources and Applicant Accountability Point Item Description Declared Disaster Area §11.9(d)(3)10 §11.9(d)(6) Quantifiable Community Participation §11.9(d)(4) Community Support from State Representative §11.9(d)(5) Input from Community Organizations Point Item Description QAP Reference Points Selected §11.9(d)(1)Local Government Support Commitment of Development Funding by Local Political Subdivision §11.9(d)(2)1 Proximity to Job Areas §11.9(c)(7)6 51Serve and Support Texans Most in Need Total Criteria Promoting Community Support and Engagement Efficient Use of Limited Resources and Applicant Accountability Total Point Deductions §11.9(f) Total Application Self-Score 132 Right of First Refusal §11.9(e)(7)1 Funding Request Amount §11.9(e)(8)1 53 §11.9(e)(6)0 Leveraging of Private, State, and Federal Resources §11.9(e)(4)3 Extended Affordability §11.9(e)(5)4 Historic Preservation §11.9(e)(3)6 Financial Feasibility §11.9(e)(1)26 Cost of Development per Square Foot §11.9(e)(2)12 Pre-application Participation Resident Supportive Services §11.9(c)(3)11 §11.9(c)(6)3 Opportunity Index §11.9(c)(4)0 Underserved Area §11.9(c)(5)5 Residents with Special Housing Needs Point Item Description QAP Reference Points Selected §11.9(c)(1)15Income Levels of Residents Rent Levels of Residents §11.9(c)(2)11 Unit, Development Construction, and Energy and Water Efficiency Features §11.9(b)(1)(B)9 Sponsor Characteristics §11.9(b)(2)2 17High Quality Housing Total Criteria to Serve and Support Texans Most In Need §11.9(b)(1)(A)6 Competitive Housing Tax Credit Selection Self-Score (10 TAC §11.9) This form will self-populate based on scoring selections made throughout the Application. Applicant should refer to this form to ensure scoring selections are accurate prior to submitting the Application. Corrections must be made in the applicable section(s) of the Application. Criteria Promoting Development of High Quality Housing Point Item Description QAP Reference Points Selected Unit Sizes Will add 7 points for Revitalization Plan7(which is not part of the self score) 139 Will Total 139 with Revitalization Plan 1513 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.g. Tenant Population and Access to Supportive Services 1514 Tenant Population and Restrictions  Tenant Population This development will serve individuals and families. Restrictions No age restrictions will be used for this property. Access to Supportive Services The property will provide onsite resident services to meet the needs of the tenants. The development team will work with Accolade Property Management and local provider agencies to tailor onsite services that best fit the residents needs, as determined through resident surveys and meet-and-greets. Residential supportive services might include: annual health fair & health screen services, health and nutrition courses, financial planning assistance & credit counseling, seminars and counseling services, annual income tax preparation, and computer proficiency classes. All of these services are 100% free to residents. The Zeisel is located within 2 miles of downtown Denton and the University of North Texas campus, making it a great location for residents to enjoy short commute to jobs and recreation events and activities. Public transit route along Bernard and Lindsey Streets and I-35 is nearby as well. For shopping, just down the interstate from the Golden Triangle Mall, Target, Walmart, Kroger, and others, as well as numerous restaurants. Several schools are also located within 2 miles. 5501‐A Balcones Dr. #302  Austin, TX 78731  Above: A free event for residents at O-SDA Industries developed La Madrid Apartments, Austin, TX 1515 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.h. List of Basic Amenities and Unit Amenities 1516 Unit and Development Amenities  Unit amenities will include Energy Star appliances, solid‐surface countertops, tile kitchen backsplashes,  resilient hard‐surface flooring, tile tub surrounds, washer/dryer hookups.  Community amenities will include on‐site leasing center, elevator served building if over 3 stories,  community room with kitchen, outdoor community courtyard, fitness center, cyber lounge, and  community‐designed public art.  Unique Community Features In each one of our communities, we commission a local artist to create an original sculpture, mosaic, or other form of artwork. Our continued commitment to local public art aims to create a sense of place and community at each property. Often local children are provided the opportunity to participate in the artist’s creation, thereby creating a sense of pride and achievement within their neighborhood. 1517 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.i. Project's Quality of Design and Construction 1518 5501‐A Balcones Dr. #302  Austin, TX 78731  Identify energy efficient measures that exceed the City’s energy code Even before the current emphasis on Green methods and their employment in affordable housing, the development team strived to promote energy and natural resource conservation in its communities. These efforts have had a significant positive impact in the cost of operations, and the out of pocket costs of our residents. Energy efficiency measures construction will use the ICC 700 National Green Building Standard, and may include, but is not limited to: •ICC 700 National Green Building Standard •Low or no VOC paint •Use of Xeriscape landscape plantings to reduce use of water resources; •Attic insulation of R‐38 batts or greater; Wall insulation of R‐20 or greater •Windows with a shading coefficient of .67 or greater; pre‐finished, Low‐E •Energy conserving lighting; 100% of lights with occupancy sensors in common areas to reduce lighting when not occupied •Low‐flow fixtures and water conserving faucets, shower heads, etc.; •High efficiency (1.28 gpf) toilets •Energy Star or equivalent bath fans •HVAC of 14 SEER or greater •Energy efficient appliances such as dishwashers and refrigerators Energy Star or equivalent •Use of fluorescent and LED interior lighting and ceiling fans •Installation of formaldehyde free insulation; with high recycled content •Healthy flooring materials and adhesives •Local community resources •Walkable locations when possible •Resident education of green building items, low energy appliances, recycling opportunities, and availability of renewable energy providers. 1519 5501‐A Balcones Dr. #302  Austin, TX 78731  Identify anticipated sustainable building materials  The exterior of the building will have cementitious siding as well as masonry. A 30‐year architectural  shingle roof will be used. The interior of the units will feature resilient and sustainable finishes such as  tiled tub surrounds, vinyl wood‐look flooring (no carpeting), floor has a seven year wear layer, solid‐ surface or granite countertops and tiled kitchen backsplashes.  Accessibility To the best of our knowledge and ability, all of the development team’s developments comply with the Equal Opportunity Housing regulations as well as Fair Housing, ADA and UFAS standards. This development will be designed to meet or exceed the accessibility requirements of the Federal Fair Housing Act as implemented by HUD. All common spaces will be designed to allow for accessibility to persons with limited mobility. Additionally, a minimum of 5% of all units, and 100% of the community amenity space will be designed and constructed to allow for accessibility to persons with limited mobility. An additional 2% of the units will be also designed for hearing and visual disabilities. All units will be fully adaptable and elevator served. ADA features for the units will include but are not limited to: •All passage doors to be 36” wide •Knee space in both bathrooms (if applicable) for wheelchair access •Under counter knee space in kitchen for wheelchair access •34” height countertop in bathroom and kitchen work area •All individual rooms are made fully accessible by providing adequate turn radius •Fully accessible bathtub/shower combination •Strobe light alarms and doorbells for HV units •Temperature controlled water valves •Accessible light switches and outlets 1520 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 3.j. Project’s compatibility and alignment with the priorities stated in the City’s Comprehensive Plan, Future Land Use Map, Consolidated Plan, and any other applicable master, strategic, and redevelopment or neighborhood plans adopted by the City of Denton 1521 5501‐A Balcones Dr. #302  Austin, TX 78731  Compatibility to Denton 2030 (Comprehensive Plan) The need for affordable, high-quality housing is addressed throughout the Denton 2030 Plan. The Zeisel will address this by using high-quality finishes, durable building materials with long life cycles and using housing tax credits to allow for rents to be restricted to individuals and households who need it most within the community. This site scores very well due to the lack of other affordable, tax credit developments in the area, as well as its location within the City's Corridor Focus Plan, which allows the development to be considered for Concerted Revitalization Plan points. Future Land Use Map The property is currently zoned to allow for multifamily use, meaning it is compatible with the City's plan. Consolidated Plan The City's Consolidated Plan states on page 32, "A lack of safe, stable affordable housing is the most pressing housing issue in most communities including Denton." It goes on to state that the combination of affordable housing along with high-quality construction and regular maintenance are the most important factors to creating sustainable, affordable housing. The Zeisel meets both of these criteria. 1522 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 4.a. Project Pro Forma 1523 ZeiselDec 28, 2021All Programs Must Complete the following:INCOMEYEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15POTENTIAL GROSS ANNUAL RENTAL INCOME $1,047,156 $1,068,099 $1,089,461 $1,111,250 $1,133,475 $1,251,448 $1,381,700Secondary Income15,660$                 15,973$                 16,293$                 16,619$                 16,951$                 18,715$                 20,663$                 POTENTIAL GROSS ANNUAL INCOME$1,062,816 $1,084,072 $1,105,754 $1,127,869 $1,150,426 $1,270,164 $1,402,363Provision for Vacancy & Collection Loss($79,711) ($81,305) ($82,932) ($84,590) ($86,282) ($95,262) ($105,177)Rental Concessions$0EFFECTIVE GROSS ANNUAL INCOME$983,105 $1,002,767 $1,022,822 $1,043,279 $1,064,144 $1,174,901 $1,297,186EXPENSESGeneral & Administrative Expenses38,100.00$            $39,243 $40,420 $41,633 $42,882 $49,712 $57,630Management Fee49,155$                 50,138$                 51,141$                 52,164$                 53,207$                 58,745$                 64,859$                 Payroll, Payroll Tax & Employee Benefits126,720$               130,522$               134,437$               138,470$               142,624$               165,341$               191,675$               Repairs & Maintenance51,673$                 53,223$                 54,819$                 56,464$                 58,158$                 67,421$                 78,159$                 Electric & Gas Utilities 21,750$                 22,403$                 23,075$                 23,767$                 24,480$                 28,379$                 32,899$                 Water, Sewer & Trash Utilities40,050$                 41,252$                 42,489$                 43,764$                 45,077$                 52,256$                 60,579$                 Annual Property Insurance Premiums41,325$                 42,565$                 43,842$                 45,157$                 46,512$                 53,920$                 62,508$                 Property Tax131,000$               134,930$               138,978$               143,147$               147,442$               170,925$               198,149$               Reserve for Replacements26,100$                 26,883$                 27,689$                 28,520$                 29,376$                 34,055$                 39,479$                 Other Expenses3,080$ 3,172$ 3,268$ 3,366$ 3,467$ 4,019$ 4,659$ TOTAL ANNUAL EXPENSES$528,953 $544,330 $560,158 $576,452 $593,224 $684,772 $790,596NET OPERATING INCOME$454,152 $458,437 $462,664 $466,827 $470,921 $490,129 $506,590DEBT SERVICEFirst Deed of Trust Annual Loan Payment$369,431 $369,431 $369,431 $369,431 $369,431 $369,431 $369,431Second Deed of Trust Annual Loan Payment0000000Third Deed of Trust Annual Loan PaymentOther Annual Required Payment0000000Other Annual Required PaymentNET CASH FLOW$84,721 $89,006 $93,232 $97,396 $101,489 $120,698 $137,158CUMULATIVE NET CASH FLOW$84,721 $173,726 $266,959 $364,354 $465,844 $1,031,832 $1,685,994Debt Coverage Ratio1.231.241.251.261.271.331.3715 Year Rental Housing Operating Pro FormaThe pro forma should be based on the operating income and expense information for the base year (first year of stabilized occupancy using today’s best estimates of market rents, restricted rents, rentalincome and expenses), and principal and interest debt service. The Department uses an annual growth rate of 2% for income and 3% for expenses. Written explanation for any deviations from these growthrates or for assumptions other than straight‐line growth made during the proforma period should be attached to this exhibit.1524 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 4.b. Annual Audit for Each Partner Our Development Firms do not require Annual Audits, so per City Staff's Instructions, we are submitting Proposed Financials for the Development for this City Support Request. The Zeisel is currently proposing to utilize tax credit equity priced at $0.90, a construction loan valued at approximately $15,100,000. For permanent financing, The Zeisel estimates having a conventional mortgage of $6,100,000 and deferring $1,019,421 in Developer Fee. Currently, The Zeisel is not anticipating needing any incentives from the City. 1525 Dec 28, 2021 ACQUISITION:Acquisition New/Rehab.   Site acquisition cost 1,330,000   Existing building acquisition cost   Closing costs & acq. legal fees   Other (Demo)0  Other (specify) Subtotal Acquisition Cost $1,330,000 $0 $0 OFF‐SITES:2   Off‐site concrete 10,000  Storm drains & devices 0   Water & fire hydrants 0   Off‐site utilities 0   Sewer lateral(s)0   Off‐site paving 0   Off‐site electrical 0   Other (specify)0   Other (specify)0 Subtotal Off‐Sites Cost $10,000 $0 $0 SITE WORK:3   Demolition 100,000  Asbestos Abatement (Demo Only)0   Detention 40,000   Rough grading 400,000 400,000  Fine grading 325,000 325,000   On‐site concrete 75,000 75,000   On‐site electrical 80,000 80,000  On‐site paving 175,000 175,000   On‐site utilities 250,000 250,000   Decorative masonry 35,000 35,000  Bumper stops, striping & signs 30,000 30,000  Other (mobilization, SwPPP, Site  lighting, Ret Wall)55,000 55,000 Subtotal Site Work Cost $1,565,000 $0 $1,425,000 DEVELOPMENT COST SCHEDULE Total Development Summary Total Cost Eligible Basis This Development Cost Schedule must be consistent with the Summary Sources and Uses of Funds Statement. All Applications must complete the total development cost column and the Tax Payer Identification column. Only HTC applications must complete the Eligible Basis columns and the Requested Credit calculation below: Zeisel 1526 SITE AMENITIES:    Landscaping 100,000 100,000   Pool and decking 175,000 175,000   Athletic court(s), playground(s)45,000 45,000  Fencing 60,000 60,000   Other (picnic tables/benches/grills)15,000 15,000 Subtotal Site Amenities Cost $395,000 $0 $395,000 BUILDING COSTS*:   Concrete 785,822 785,822   Masonry 633,288 633,288   Metals 359,244 359,244   Woods and Plastics 1,585,803 1,585,803   Thermal and Moisture Protection 240,830 240,830   Roof Covering 177,470 177,470  Doors and Windows 399,434 399,434   Finishes 1,532,580 1,532,580   Specialties 114,504 114,504   Equipment 244,298 244,298   Furnishings 252,986 252,986   Special Construction 202,542 202,542   Conveying Systems (Elevators)125,000 125,000   Mechanical (HVAC; Plumbing)1,203,629 1,203,629   Electrical 829,983 829,983   Detached Comm Facilities/Bldg 00   Carports and/or Garages 0   Lead‐Based Paint Abatement   Asbestos Abatement (Rehab only)   Structured Parking 00   Commercial Space Costs   Other (Basis Adjustment for Points)‐2,326,000 Subtotal Building Costs $8,687,412 $0 $6,361,412 TOTAL BUILDING COSTS & SITE WORK  (including site amenities)$10,647,412 $0 $8,181,412 Contingency 7.00%746,019 572,699 TOTAL HARD COSTS $11,403,430 $0 $8,754,110 1527 OTHER CONSTRUCTION COSTS:   General requirements (<6%)6.00%684,206 525,247 6.00%   Field supervision (within GR limit)   Contractor overhead (<2%)2.00%228,069 175,082 2.00%   G & A Field (within overhead limit)  Contractor profit (<6%)6.00%684,206 525,247 6.00% Total Contractor Fees 1,596,480 1,225,575 TOTAL CONSTRUCTION CONTRACT $12,999,911 $0 $9,979,686 SOFT COSTS3   Architectural ‐ Design fees 240,000 240,000   Architectural ‐ Supervision fees 60,000 60,000   Engineering fees 325,000 325,000   Real estate attorney/other legal fees 250,000 250,000   Accounting fees 85,000 85,000  Impact Fees 129,621 129,621   Building permits & related costs 376,140 376,140   Appraisal 12,500 12,500   Market analysis 8,000 8,000   Environmental assessment 21,450 21,450   Soils report 21,450 21,450  Survey 22,100 22,100   Marketing 100,000   Hazard & liability insurance 41,325 41,325   Real property taxes 196,500 196,500   Personal property taxes   Other (specify)   Other (Bldr's Risk, GL, Comp Ops Ins)224,301 224,301  Other ( FFE)175,000 175,000 Subtotal Soft Cost $2,288,387 $0 $2,188,387 FINANCING: CONSTRUCTION LOAN3   Interest 1,019,250 679,500   Loan origination fees 302,000 302,000  Title & recording fees 200,000 200,000   Closing costs & legal fees 165,000 150,000   Inspection fees 125,000 125,000   Credit Report   Discount Points   Other ‐ Letter of Credit 00  Other 0 1528 PERMANENT LOAN   Loan origination fees 61,000   Title & recording fees   Closing costs & legal 0   Bond premium   Credit report   Discount points   Credit enhancement fees   Prepaid MIP   Other (specify)  Other (specify) BRIDGE LOAN   Interest   Loan origination fees 0  Title & recording fees   Closing costs & legal fees   Other (specify)   Other (specify) OTHER FINANCING COSTS3   Tax credit fees 69,523   Tax and/or bond counsel   Payment bonds   Performance bonds 189,301 189,301   Credit enhancement fees   Mortgage insurance premiums   Cost of underwriting & issuance   Syndication organizational cost 65,000   Tax opinion   Other (specify)   Other (specify)   Other (specify)   Other (specify) Subtotal Financing Cost $2,196,074 $0 $1,645,801 DEVELOPER FEES:3   Housing consultant fees4 200,000 200,000  General & administrative   Profit or fee 2,245,404 1,872,081 Subtotal Developer's Fees 14.85%$2,445,404 $0 $2,072,081 RESERVES:    Rent Up Reserve 100,000   Operating 449,192  Replacement    Escrows 0 Subtotal Reserves $549,192 $0 $0 TOTAL HOUSING DEVELOPMENT COSTS $21,808,967 $0 $15,885,954 1529 HTC Units HOME Units  (Rent/Inc)HTF Units MRB Units Other/Subsid y # of  Units # of  Bedrooms # of Baths Unit Size  (Net  Rentable Sq.  Ft.) Total Net Rentable Sq.  Ft. Program  Rent Limit Tenant  Paid Utility  Allow. Rent  Collected/U nit  Total Monthly  Rent  (A)(B) (A) x (B)(E)(A) x (E) TC30%3 1 1.0 650 1,950 500$ (54)$ 446$ 1,338 TC50%12 1 1.0 650 7,800 834$ (54)$ 780$ 9,360 TC60%18 1 1.0 650 11,700 1,001$ (54)$ 947$ 17,046 MR 80%0 1 1.0 650 0 1,335$ (54)$ 1,281$ - MR 3 1 1.0 650 1,950 1,225$ 3,675 TC30%3 2 2.0 850 2,550 600$ (67)$ 533$ 1,599 TC50%12 2 2.0 850 10,200 1,001$ (67)$ 934$ 11,208 TC60%14 2 2.0 850 11,900 1,201$ (67)$ 1,134$ 15,876 MR 80%0 2 2.0 850 0 1,602$ (67)$ 1,535$ - MR 4 2 2.0 850 3,400 1,405$ 5,620 TC30%2 3 2.0 1132 2,264 694$ (87)$ 607$ 1,214 TC50%7 3 2.0 1132 7,924 1,157$ (87)$ 1,070$ 7,490 TC60%6 2 2.0 1132 6,792 1,389$ (87)$ 1,302$ 7,812 MR 80%0 2 2.0 1132 0 1,852$ (87)$ 1,650$ - MR 3 2 2.0 1132 3,396 1,675$ 5,025 TC30%0 0 1.0 550 0 467$ (31)$ 436$ - TC50%0 0 1.0 550 0 778$ (31)$ 747$ - TC60%0 0 1.0 550 0 934$ (31)$ 903$ - MR 80%0 0 1.0 550 0 1,246$ (31)$ 1,100$ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 87 71,826 87,263 Non Rental Income $15.00 per unit/month for:1,305 Non Rental Income 0.00 per unit/month for: Non Rental Income 0.00 per unit/month for: Total Non-Rental Income $15.00 per unit/month 1,305 88,568 Provision for Vacancy & Collection Loss % of Potential Gross Income: 7.50% 6,643 - 81,925 983,105 RENT SCHEDULE Dec 28, 2021 Zeisel Total Lease charges, int inc, sec dec, etc Potential Gross Monthly Income Rental Concessions (enter as negative number) Effective Gross Monthly Income x12 Effective Gross Annual Income 1530 Dec 28, 2021 General & Administrative Expenses Accounting $12,000.00 Advertising $10,440.00 Legal fees $6,525.00 Leased equipment $ Postage & office supplies $5,220.00 Telephone $3,915.00 Other $ Other $ Total General & Administrative Expenses:38,100.00$            Management Fee:Percent of Effective Gross Income: 5.00%46,366.37$            Payroll, Payroll Tax & Employee Benefits Management $67,000.00 Maintenance $32,000.00 Other $27,720.00 Other  Total Payroll, Payroll Tax & Employee Benefits:126,720.00$          Repairs & Maintenance Elevator $7,500.00 Exterminating $1,722.60 Grounds $12,000.00 Make‐ready $12,180.00 Repairs $18,270.00 Pool $0.00 Other $ Other $ Total Repairs & Maintenance:51,672.60$            Electric $21,750.00 Natural gas $0.00 Trash $9,600.00 Water/Sewer $30,450.00 Other $ Other $ Total Utilities:61,800.00$            Annual Property Insurance:Rate per net rentable square foot:$0.60 41,325 Property Taxes:Estimated Taxes Published Capitalization Rate: 7.50% Source:‐$  Annual Property Taxes:$0.00 Payments in Lieu of Taxes:$ Other Taxes $ Other Taxes $ 131,000.00 Total Property Taxes:131,000.00$          Reserve for Replacements:Annual reserves per unit: $300.00 25,200.00$            Other Expenses Cable TV $ Supportive services (Staffing/Contracted Services)$ TDHCA Compliance fees $ 3,080 TDHCA Bond Administration Fees (TDHCA as Bond Issuer Only)$ Security $ Other $0.00 Other $0.00 Total Other Expenses:3,080.00$              TOTAL ANNUAL EXPENSES Expense per unit:$6253.14 525,263.97$          Expense to Income Ratio:56.64% NET OPERATING INCOME (before debt service)402,063.34$          Annual Debt Service $ 369,431.38 $0.00 $0.00 $ TOTAL ANNUAL DEBT SERVICE Debt Coverage Ratio:1.09 369,431.38$          NET CASH FLOW 32,631.96$            Total General & Administrative Benefits/Payroll Taxes Total Payroll Total Repairs & Maintenance ANNUAL OPERATING EXPENSES Zeisel Utilities (Enter Only Property Paid Expense) Elevator Denton Total Property Taxes RHDA Req'd Services Ground Lease 1st Mortgage ‐ Citibank MIP 1531 1stZeiselDec 28, 2021SOURCES AND USESFinancing Participants Funding DescriptionConstruction PeriodLien PositionPermanent PeriodLien PositionLoan/Equity AmountDebtInterest Rate (%)Loan/Equity AmountInterest Rate (%)Amort ‐izationTerm (Yrs)Syndication RateTDHCAMultifamily Direct LoanTDHCAMortgage Revenue BondFirst Mortgage Loan ‐ Conventional Loan $15,100,000 4.50%6,100,000$       5.00% 35 151stThird Party EquityEquity ‐ HTC1,632,335.00$     3,672,386$             14,689,546$     0.900GrantDeferred Developer FeeDDF 2,045,404$             1,019,421$       OtherTotal Sources of Funds20,817,790$           21,808,967$     Total Uses of Funds21,808,967$     1532 5501-A Balcones Dr. #302 Austin, TX 78731 Attachment 4.c and 4.d. Taxable Status of the Development The Zeisel will be paying property taxes. 1533 5501-A Balcones Dr. #302 Austin, TX 78731 The Zeisel 900, 914, 920 Lindsey St. and 1518 Bernard St., Denton, TX 76201 Thank you for your consideration of this application. See more of our work at: www.affordablehousingtexas.com 1534 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON SUPPORTING SAIGEBROOK DEVELOPMENT, LLC AND/OR O-SDA INDUSTRIES, LLC’S 9% HOUSING TAX CREDIT APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE PROPOSED NEW CONSTRUCTION OF THE ZEISEL APARTMENTS TO PROVIDE AFFORDABLE RENTAL HOUSING; COMMITTING TO PROVIDE FEE REDUCTIONS IN THE AMOUNT OF $500.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Saigebrook Development, LLC and/or O-SDA Industries, LLC ("Applicant") is proposing the new construction of a multi-family affordable rental housing development to be located at approximately 900, 914, and 920 Lindsey St. and 1518 Bernard St., Denton, TX 76201 to be named The Zeisel Apartments (the "Project"); and WHEREAS, the Applicant has advised the City that it intends to submit an application to the Texas Department of Housing and Community Affairs ("TDHCA") for Housing Tax Credit funding to provide equity financing for the Project (the “Application”); and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(1), TDHCA will provide points to an application for a municipality’s resolution of support for a development which will be located in such municipality’s jurisdiction; and WHEREAS, pursuant to 10 Texas Administrative Code §11.9(d)(2) the City will provide a letter in the form attached hereto as Exhibit A (the " Fee Reduction Letter"), committing to provide a development fee reduction in the amount of $ 500.00 in connection with the development of the Project as the City' s financial contribution; and WHEREAS, the City Council of the City of Denton wishes to express support for this proposed Project’s application to TDHCA pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan to facilitate the possible award of Housing Tax Credits to the Project; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The recitals contained in the preamble of this Resolution are incorporated by reference into the body of this Resolution as if fully set forth herein. SECTION 2. The City affirms that the proposed Project is consistent with the jurisdiction’s obligation to affirmatively further fair housing pursuant to 10 Texas Administrative Code §11.3(e) and §11.4(c)(1) of the Qualified Allocation Plan. SECTION 3. The City affirms its commitment to provide Applicant with fee reductions in a total amount of $500.00 in connection with the development of the Project conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. 1535 SECTION 4. The City Manager is hereby authorized, empowered, and directed to certify this Resolution to the TDHCA. SECTION 5. The City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of either the City Manager or the City Attorney, for carrying out this Resolution. SECTION 6. This Resolution shall be effective as of its date of approval and passage by City Council. The motion to approve this Resolution was made by __________________________ and seconded by _________________________________, the Resolution was passed and approved by the following vote [___ - ___]: Aye Nay Abstain Absent Mayor 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 ___________________, 2022. __________________________________ GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: __________________________________ 1536 Exhibit A City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Megan Lasch O-SDA Industries 5501-A Balcones Dr. #302 Austin, Texas 78731 RE: Commitment of Development Funding by Local Political Subdivision for Saigebrook Development, LLC and/or O-SDA Industries, LLC for the proposed new construction The Zeisel Apartments located at approximately 900, 914, and 920 Lindsey St. and 1518 Bernard St., Denton, TX 76201, in Denton, City of Denton, Denton County, Texas Dear Ms. Lasch, The City affirms commitment to Saigebrook Development, LLC and/or O-SDA Industries, LLC (the Applicant) for The Zeisel Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1537 City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Transparency  Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 February 1, 2022 Megan Lasch O-SDA Industries 5501-A Balcones Dr. #302 Austin, Texas 78731 RE: Commitment of Development Funding by Local Political Subdivision for Saigebrook Development, LLC and/or O-SDA Industries, LLC for the proposed new construction The Zeisel Apartments located at approximately 900, 914, 920 Lindsey St. and 1518 Bernard St., Denton, TX 76201, in Denton, City of Denton, Denton County, Texas Dear Ms. Lasch, The City affirms commitment to Saigebrook Development, LLC and/or O-SDA Industries, LLC (the Applicant) for The Zeisel Apartments development (the “Project”) to provide fee reductions in a de minimis total amount of $500.00 in connection with the development of the Project. It is the intention of this letter to firmly commit this benefit to the Project in order to satisfy a requirement of Section ll.9(d)(2) of the Qualified Allocation Plan as published by the Texas Department of Housing and Community Affairs in order to gain points under that rule for this commitment of funds. This is conditioned on: (i) the Applicant securing the 9% housing tax credit from the TDHCA, and (ii) Applicant securing development plan approvals for the Project, including any required zoning approvals, from the City. Sincerely, Sara Hensley Interim City Manager City of Denton, Texas 1538 Zeisel9% Housing Tax Credit App.COMMUNITY SERVICESWORKING TO PROVIDE QUALITY AFFORDABLE HOUSING, A SUITABLE LIVINGENVIRONMENT, AND EXPANDING ECONOMIC OPPORTUNITY, PRINCIPALLY FOR PERSONS OF LOW TO MODERATE INCOME.1539 BACKGROUNDHOUSING TAX CREDIT PROGRAM oAdministered by Texas Dept. of Housing & Community Affairs (TDHCA)oTwo types: 4% (non‐competitive) and 9% (competitive)oTDHCA ranks 9% applications submitted by developers; awarded points if they have support from their prospective communitiesoTDHCA requires Resolutions of No Objections as a minimum threshold documentation for consideration of 4% applications.CITY OF DENTON HTC POLICY AND APPLICATION oCity Council approved a HTC policy and application through Resolution 18‐756 on May 8, 2018 to establish expectations and streamline the HTC request review process.Note: This is not the Development Agreement only HTC Application for Project FundingFEBRUARY 01, 2022 ‐ ID 22‐1712COMMUNITY SERVICES1540 FEBRUARY 01, 2022 ‐ ID 22‐1713MAPProject Location Map900, 914, 920 Lindsey St. & 1518 Bernard St. Denton, TX 76201COMMUNITY SERVICES1541 FEBRUARY 01, 2022 ‐ ID 22‐1714MAPCOMMUNITY SERVICESAffordable Housing Two Mile Radius Map900, 914, 920 Lindsey St. & 1518 Bernard St.Denton, TX 762011542 FEBRUARY 01, 2022 ‐ ID 22‐1715COMMUNITY SERVICES±1.548 ACRESCURRENT ZONING: o(MR) Mixed‐Use Regional. Permitted by right. TAX STATUS: oThe property will be paying property taxes.PROJECTTHE ZEISEL1543 INCOME RESTRICTIONS:earning between 30% AMI, 50% AMI, 60% AMIPROJECTED UNITS/RENTS:FEBRUARY 01, 2022 ‐ ID 22‐1716COMMUNITY SERVICESPROJECTTHE ZEISEL1544 OPTIONSRECOMMEND A RESOLUTION OF SUPPORTDO NOT RECOMMEND A RESOLUTION OF SUPPORTPOSTPONE TO A DATE CERTAIN TO ALLOW FOR FURTHER DELIBERATIONFEBRUARY 01, 2022 ‐ ID 22‐1717COMMUNITY SERVICES1545 1546 City of Denton Legislation Text City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com File #:ID 22-270,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton approving three amendments to Natural Resources Conservation Service Watershed Agreements related to flood control, drainage, and improvements to add the Cole Ranch Improvement District No. 1 of Denton County, Texas as a local sponsor and a source of funding for future improvements for the Hickory Creek Watershed (Trinity River), Texas, Structures and Reservoirs 12 and 13 and other related matters; and providing an effective date. City of Denton Printed on 1/28/2022Page 1 of 1 powered by Legistar™1547 City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Works CM/ DCM/ ACM: David Gaines DATE: February 1, 2022 SUBJECT Consider adoption of an ordinance of the City of Denton approving three amendments to Natural Resources Conservation Service Watershed Agreements related to flood control, drainage, and improvements to add the Cole Ranch Improvement District No. 1 of Denton County, Texas as a local sponsor and a source of funding for future improvements for the Hickory Creek Watershed (Trinity River), Texas, Structures and Reservoirs 12 and 13 and other related matters; and providing an effective date. BACKGROUND On April 7, 2020, City Council approved an Operating Agreement (“Agreement”) with Cole Ranch Improvement District No. 1 of Denton County, Texas (“Cole Ranch”). Section 4.10 of the Agreement describes the existing lakes within Cole Ranch located within easements granted to the Denton County Soil and Water Conservation District No. 547 (the “SWCD”) for drainage and flood control purposes. The SWCD has constructed and maintains dams, spillways, and overflow pipes and valves at the lakes which constitute a portion of the drainage and flood control system serving Cole Ranch. Pursuant to the Agreement, Cole Ranch is obligated to prepare an assessment of the condition of the SWCD facilities, and proposed plan of improvement, maintenance, and repair for such facilities and formalize arrangements with the SWCD to complete the proposed improvement, maintenance, and repair of the lakes and facilities. The Agreement contemplates the lakes and surrounding areas as being integral components of future parks, trails, and open space within Cole Ranch. Following negotiations between Cole Ranch, SWCD, and Denton County, the parties reached an agreement whereby Cole Ranch is added as a joint owner of the dams and reservoirs comprising Lakes 12 and 13. By adding the Cole Ranch District as an owner, Cole Ranch is able to assist with funding the costs of operation and maintenance of the lakes and the related improvements to the dam structures. The SWCD dams and reservoirs have unmet maintenance issues and need upgrading. Adding Cole Ranch as a local sponsor will provide a source of funding to assist with upgrading and maintaining these dams and reservoirs. In addition, the three amendments will implement the terms of the Agreement between the City and Cole Ranch and the plan to increase the area available for parks, trails, and open space land within Cole Ranch. Prior to Cole Ranch undertaking the required improvements, Cole Ranch needs to be formally added as a “local sponsor” of the lakes due to the historic involvement of the Natural Resources Conservation Service (“NRCS”) and federal funding of certain improvements related to these lakes. To add Cole Ranch as a local sponsor, the existing NRCS Hickory Creek Watershed Agreements need to be amended by the current City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com 1548 signatories, which include the City. The three amendments accomplish that purpose by updating the original agreements as requested by NRCS, as follows: 1. First Amended Watershed Agreement for the Hickory Creek Watershed (Trinity River), Texas removes Wise Soil and Water Conservation District and Dalworth Soil and Water Conservation District as Co-Sponsors of the Hickory Creek Watershed (Trinity River) Project, at the request of the NRCS, as they no longer are involved with these lakes in Denton County. 2. The Second Supplemental Watershed Agreement for Hickory Creek Watershed (Trinity River), Texas Structures and Reservoirs No. 12 and 13, adds Cole Ranch as a Sponsor with certain shared responsibilities with the SWCD for Lakes 12 and 13. 3. The Second Amended Operation and Maintenance Agreement for Structural Measures - Structures and Reservoirs Nos. 12 and 13, modifies the original operation and maintenance agreement for structural measures, executed on July 8, 1968, and last amended on September 4, 1968, to add Cole Ranch as a Sponsor. The three amendments have been approved and executed by Cole Ranch, Denton County Soil and Water Conservation District No. 547, Denton County, and the Wise Soil and Water Conservation District. NRCS has requested to be the last to sign. In addition to execution by the City, the signature of the Dalworth SWCD is pending on the First Amended Watershed Agreement: X = Executed (or approved for execution) AGREEMENT DENTON SWCD COLE RANCH DISTRICT DENTON COUNTY COLE RANCH COMPANY CITY OF DENTON WISE SWCD NRCS DALWORTH First Amended Watershed Agreement For the Hickory Creek Watershed (Trinity River), Texas X X X Second Supplemental Watershed Agreement For Hickory Creek (Trinity River) Watershed Project, Texas Structures and Reservoirs No. 12 and 13 X X X Second Amended Operation and Maintenance Agreement for Structural Measures - Structures and Reservoirs Nos. 12 and 13 X X X 1549 Cole Ranch will assume primary responsibility for the improvement and maintenance of the dam structures, known as “Floodwater Retarding Structures Nos. 12 and 13.” The City has no obligation to accept ownership, maintain, operate, or repair any lake or improvements subject to these three agreements. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council approved the Operating Agreement with Cole Ranch Improvement District No. 1 of Denton County, Texas on April 7, 2020 with Ordinance 20-761. City Council consented to the creation of the Cole Ranch Improvement District No. 1 of Denton County, Texas on April 7, 2020 with Resolution 20-762. FISCAL INFORMATION There is no cost for the City to execute the three amendments, and the City will not incur costs for improvement, maintenance, and repair of any of the lakes and the related dam structures and improvements. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Amendments Exhibit 3: Hickory Creek Watershed Work Plan and Existing Agreements Respectfully submitted: Ethan Cox General Manager of Public Works 1550 ORDINANCE NO.________ AN ORDINANCE OF THE CITY OF DENTON APPROVING THREE AMENDMENTS TO NATURAL RESOURCES CONSERVATION SERVICE WATERSHED AGREEMENTS RELATED TO FLOOD CONTROL, DRAINAGE, AND IMPROVEMENTS TO ADD THE COLE RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON COUNTY, TEXAS AS A LOCAL SPONSOR AND A SOURCE OF FUNDING FOR FUTURE IMPROVEMENTS FOR THE HICKORY CREEK WATERSHED (TRINITY RIVER), TEXAS, STRUCTURES AND RESERVOIRS 12 AND 13 AND OTHER RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On April 7, 2020, City Council approved an Operating Agreement (“Agreement”) with Cole Ranch Improvement District No. 1 of Denton County, Texas (“Cole Ranch”); and WHEREAS, Section 4.10 of the Agreement describes the existing lakes within Cole Ranch located within easements granted to the Denton County Soil and Water Conservation District No. 547 (the “SWCD”) for drainage and flood control purposes; and WHEREAS, the SWCD has constructed and maintains dams, spillways, and overflow pipes and valves at the lakes which constitute a portion of the drainage and flood control system serving Cole Ranch; and WHEREAS, pursuant to the Agreement, Cole Ranch is obligated to prepare an assessment of the condition of the SWCD facilities, and proposed plan of improvement, maintenance, and repair for such facilities and formalize arrangements with the SWCD to complete the proposed improvement, maintenance, and repair of the lakes and facilities; and WHEREAS, the Agreement contemplates the lakes and surrounding areas as being integral components of future parks, trails, and open space within Cole Ranch; and WHEREAS, following negotiations between Cole Ranch, SWCD, and Denton County, the parties reached an agreement whereby Cole Ranch is added as a joint owner of the dams and reservoirs comprising Lakes 12 and 13. By adding the Cole Ranch District as an owner, Cole Ranch is able to assist with funding the costs of operation and maintenance of the lakes and the related improvements to the dam structures; and WHEREAS, Cole Ranch will assume primary responsibility for the improvement and maintenance of the dam structures, known as “Floodwater Retarding Structures Nos. 12 and 13” and by executing the amendments, the City of Denton acknowledges the amendments but does not assume any new obligation to accept ownership, maintain, operate, or repair any lake or improvements subject to the amendments; and WHEREAS, the City agrees to execute the amendments attached to this ordinance; NOW, THEREFORE; 1551 Page 2 of 3 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves and authorizes the City Manager or her designee to execute the following amendment: 1. First Amended Watershed Agreement for the Hickory Creek Watershed (Trinity River), Texas; 2. The Second Supplemental Watershed Agreement for Hickory Creek Watershed (Trinity River), Texas Structures and Reservoirs No. 12 and 13; and 3. The Second Amended Operation and Maintenance Agreement for Structural Measures - Structures and Reservoirs Nos. 12 and 13 (collectively, the “Three Amendments”). SECTION 2. Substantial copies of the Three Amendments are attached hereto and incorporated herein for all purposes. Minor adjustments to the attached Three Amendments are authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this ordinance. SECTION 3. The City Manager, or her designee, is further authorized to carry out all duties and obligations to be performed by the City under the Three Amendments, unless otherwise reserved in the Three Amendments for Council approval. SECTION 4. 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 _____________, 2022. _______________________________________ GERARD HUDSPETH, MAYOR 1552 Page 3 of 3 ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: Digitally signed by Mack Reinwand Date: 2022.01.27 12:07:06 -06'00' 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 WORK PLAN HICKORY CREEK WATERSHED OF THE TRINITY RIVER WATERSHED DENTON, WISE, TARRANT, AND DALLAS COUNTIES, TEXAS \\I Prepared By SOIL CONSERVATION SERVICE U. S. DEPARTMENT OF AGRICULTURE Temple, Texas OCTOBER 1966 4-20045 1-.0 OFFICIAL COPY 1564 TABLE OF CONTENTS Dig! Page TABLES - Continued SUMMARY OF PLAN 1 Table 3 - Structure Data - Floodwater Retarding Structures . . . 31 DESCRIPTION OF THE WATERSHED 2 Table 4 - Annual Cost 33 Physical Data 2 Table 5 - Estimated Average Annual Economic Data 5 Flood Damage Reduction Land Treatment Data 6 Benefits 34 Table 6 - Comparison of Benefits and WATERSHED PROBLEMS 6 Costs for Structural Floodwater Damage 6 Measures 35 Erosion Damage 10 Table 7 - Construction Units 36 Sediment Damage 11 Problems Relating to Water Management . 12 INVESTIGATIONS AND ANALYSES 37 Land Use and Treatment 37 PROJECTS OF OTHER AGENCIES 13 Engineering 37 Hydrologic and Hydraulic 40 BASIS FOR PROJECT FORMULATION 13 Sedimentation 42 Sediment Source Studies 42 WORKS OF IMPROVEMENT TO BE INSTALLED 14 Flood Plain Sediment and Scour Land Treatment Measures 14 Damages 43 Structural Measures 17 Sediment Deposition to Garza-Little Elm Reservoir 44 EXPLANATION OF INSTALLATION COSTS 18 Geologic 45 Schedule of Obligations 19 Description of Problems 45 Economic 46 EFFECTS OF WORKS OF IMPROVEMENT 20 Determination of Annual Benefits from Reduction in Damages 46 PROJECT BENEFITS 23 Fish and Wildlife 47 COMPARISON OF BENEFITS AND COSTS 23 FIGURES Figure 1 - Section of a Typical Flood- PROJECT INSTALLATION 24 water Retarding Structure 51 Figure 2 - Typical Floodwater Retard- FINANCING PROJECT INSTALLATION 25 ing Structure, General Plan and Profile . . . 52 PROVISIONS FOR OPERATION AND MAINTENANCE 26 Figure 2a - Typical Floodwater Retard- Land Treatment Measures 26 ing Structure, Structure Structural Measures 26 Plan and Section . . . . 53 Figure 3 - Valley Cross Section No. 5 54 TABLES Figure 4 - Urban Benefit Area, Denton, Texas 55 Table 1 - Estimated Project Instal- lation Cost 26 Figure 5 - Problem Location Map 56 Table lA - Status of Watershed Works Figure 6 - Project Map 57 of Improvement 29 Table 2 - Estimated Structural Cost Distribution 30 4-23045 3-67 1565 WATERSHED WORK PLAN HICKORY CREEK WATERSHED Of the Trinity River Watershed Denton, Wise, Tarrant, and Dallas Counties, Texas October 1966 SUMMARY OF FLAN Hickory Creek watershed, a tributary of the Trinity River, comprising an area of 145,600 acres or 227.5 square miles, is located in Denton, Wise, Tarrant, and Dallas Counties, Texas. All planned structural measures are located in Denton County, Texas, where more than 95 percent of the drainage area of the watershed is located. The Denton-Wise Soil and Water Conservation District, Dalworth Soil and Water Conservation District, Denton County Commissioners Court, and the Denton City Council, local sponsoring organizations, propose installing a project for watershed protection and flood prevention during an 8-year period. The total installation cost is estimated to be $3,874,326. The share to be borne by other than Flood Prevention funds is $2,416,936. In addition, local interests will bear the entire cost of operation and main- tenance of structural measures estimated to be $1,760 annually. The major land uses in the watershed are cropland, 36 percent; pastureland, 46 percent; rangeland, 11 percent; and miscellaneous, 7 percent. All of the agricultural land is privately awned. The principal problem in the watershed is the frequent flooding of approxi- mately 6,912 acres of flood plain, excluding stream channels. An average of two floods occur annually, with more than 50 percent of the flood plain inundated on the average of twice each five years. The City of Denton has urban developments on 120 acres of the flood plain along the Pecan Creek tributary where frequent flooding occurs. The average annual floodwater damages without the project is estimated to be $67,109, including $27,100 in the urban area. In addition, sediment, scour, and indirect damages amount to $14,951 annually. Land treatment measures are being established through the leadership of the Denton-Wise and Dalworth Soil and Water Conservation Districts. Landowners and operators will be encouraged to accelerate the installation of those land treatment measures which will contribute directly to watershed pro- tection, flood prevention, and sediment control. The cost of land treatment measures installed to date is $610,179. The work plan proposes the installation of land treatment measures at an accel- erated rate for the 8-year period in the amount of $1,915,986. Of this 4-23045 3-47 1566 2 amount, $40,850 is to be borne by Flood Prevention funds for accelerated technical assistance and $1,875,136 from other funds. Seventeen floodwater retarding structures will be installed at an estimated cost of $1,958,340. Of this amount, $1,416,540 will be borne by Flood Pre- vention funds and $541,800 from other funds. The sponsoring local organi- zations will furnish all needed land, easements, and rights-of-way for structural measures. It is expected that a major portion of the easements and rights-of-way will be donated for structural measures. If necessary, the Denton County Commissioners Court will use their rights of eminent domain to secure easements for floodwater retarding structure Sites 1 through 15, and the Denton City Council will use its rights to obtain ease- ments for the remaining structure Sites 16 and 17. These structural meas- ures will be installed during an 8-year period. Storage capacity was not planned in any of the structure sites for purposes other than sediment storage and floodwater detention. Eighty-five landowners and operators of 6,912 acres of flood will benefit directly from the installation of this project. annual floodwater damage reduction benefits are estimated to with the project installed. In addition, flood plain scour, indirect damage reductions will amount to $10,109 annually. plain land The average be $52,376 sediment, and The ratio of the total annual benefits of $90,879, resulting from installa- tion of structural works of improvement, to the annual cost of $65,640 is 1.4 to 1. Landowners and operators will operate and maintain all land treatment meas- ures installed in this watershed. Denton County Commissioners Court will operate and maintain floodwater retarding structure Sites 1 through 15 and the City of Denton, Texas will operate and maintain Sites 16 and 17. Monies for this purpose are available from general funds. DESCRIPTION OF THE WATERSHED Physical Data Hickory Creek watershed encompasses an area of 145,600 acres (227.5 square miles) and is located in Denton, Wise, Tarrant, and Dallas Counties. Denton, the county seat of Denton County, is the principal municipality in the watershed. Other towns included are Slidell, Krum, Ponder, Argyle, Lake Dallas, and Lewisville. Hickory Creek originates near the town of Slidell in Wise County and flows in a southeasterly direction for 27 miles, emptying into Garza-Little Elm Reservoir. Some of the larger tributaries are North Hickory, Middle Hickory, South Hickory Creeks, Dry Branch, and Roark Creek. Pecan Creek, Prairie Branch, Timber Creek, and Baker's Branch are also located within the watershed boundaries. Pecan Creek flaws into Garza-Little Elm Reser- voir. Prairie Branch and Timber Creek confluence with the Elm Fork of the Trinity River below the reservoir. Baker's Branch flows into Denton Creek 0-23005 3-67 1567 3 below Grapevine Dam. There are approximately 6,912 acres of flood plain in the watershed, including 1,600 acres of flood plain along the Elm Fork and Denton Creek. The watershed ranges in width from six to nine miles. Elevations range from approximately 1,000 feet above mean sea level along the northwestern divide near Slidell to 532 feet where Hickory Creek enters the flood con- trol pool of Garza-Little Elm Reservoir. Surface rocks in the watershed are of Cretaceous age and dip normally to the southeast at 40 feet per mile. The formations of the Lower Cretaceous (Comanche series) are in the Fredericksburg and Washita groups. The Upper Cretaceous (Gulf series) is represented by the Woodbine and Eagle Ford groups. The lowest unit of the Fredericksburg group occurring in the watershed is the Goodland formation. This formation is exposed along the watershed divide near Slidell and is composed of a hard, massively bedded limestone which has an average thickness of approximately 50 feet. The upper unit of the group is the Kiamichi formation. This formation consists of stratified and laminated clays with thin flagstone beds. The Washita group is exposed in a broad belt extending from Slidell south- easterly for about 18 miles to U. S. Highway 377. The strata have a total thickness of approximately 500 feet and form a rolling upland prairie. In- cluded in this group are marine shaly clays, marls, limestone, and sand- stones of the Duck Creek, Fort Worth, Denton, Weno, Pawpaw, Mainstreet, and Grayson formations. Rocks of the Pepper, Dexter, and Lewisville formations of the Woodbine group occur in the lower portion of the watershed. These formations are highly variable in composition and consist of crossbedded sandstones and laminated shaly clays forming gently rolling to hilly uplands. Shales of the Eagle Ford group are exposed in the lower extremities of the watershed near Lewisville. Soils of the Grand Prairie Land Resource Area are found in the upper 55 percent of the watershed. The principal soil series include Solar, Burle- son, Crawford, Heiden, Lindy, Payne, Houston Black, Trinity, and Frio. These are predominantly deep to moderately deep, clays, silty clays, and clay barns. Subsoils are similar in texture to the topsoils and are moder- ately to very slowly permeable. Fertility levels generally are moderate and erosion is low to moderate. Soils of the Cross Timbers Land Resource Area are located in the central and lower portions of the watershed. Fertility levels are generally low. Soils are uneroded to slightly eroded on the nearly level to gently sloping areas and slightly to moderately eroded on the steeper areas. Some soils are severely eroded on formerly cultivated fields. These areas have been converted to pastureland and erosion has greatly reduced. The major soil series include the Konawa, Doughtery, Stidham, Travis, Axtell, 4-23045 3-67 1568 4 and Galey. These are predominantly fine sandy barns and loamy fine sands. Sandy clay loans, sandy clays, and heavy clays form the subsoils and are rapidly to very slowly permeable. Approximately 37 percent of the water- shed lies in this land resource area. The soil series of the Blackland Prairie Land Resource Area include the Houston Black, Heiden, Trinity, Gowen, Crockett, and Wilson. The textural range of the soils is comprised of clays, clay loans, and fine sandy loams. Subsoils are moderately to very slowly permeable and are composed of clays and clay loams. Fertility levels are moderate to high. They are limited to the extreme lower portions of the watershed near Lewisville and occupy eight percent of the drainage area. Land use in the watershed is estimated to be: Land Use Acres Percent Cropland 52,300 36 Pastureland 67,176 46 Rangeland 15,700 11 Miscellaneous 1/ 10,424 7 Total 145,600 100 1/ Includes roads, highways, railroads, urban areas, stream channels, etc. The natural vegetation consists generally of a post oak and blackjack oak savannah in the Cross Timbers. The Grand Prairie and Blackland Prairies are true grass prairies with about a five percent cover of woody vegeta- tion such as live oak, elm, and hackberry. Some of the climax grasses are little bluestem, Indiangrass, big bluestem, sand lovegrass, switchgrass, and Virginia wild rye. Increasers are tall dropseed, hairy grama, silver bluestem, sideoats grama, Texas wintergrass, Scribner panicum, and woody plants. Vegetation that invades as a result of overuse of rangeland in- cludes sand dropseed, splitbeard bluestem, threeawns, fall witchgrass, buffalograss, windmill grasses, Texas grama, mesquite, prickly pear, night- shades, sumac, and all annuals. Range sites within the watershed are Rolling Prairie, Deep Upland, Bottomland, Stony Hills, Sandy Loam, and Sandy. The range condition classes of the watershed are as follows: Class Grand Prairie Cross Timbers Blackland Prairie (percent) (percent) (percent) Excellent 10 8 5 Good 30 30 25 Fair 40 42 45 Poor 20 20 25 Total 100 100 100 The hydrologic cover on pastureland and rangeland, ranging from poor to good, is classified mostly as fair. Cropland produces somewhat less 4 23045 3-67 1569 5 effective hydrologic cover, but conservation practices such as cover and green manure crops, crop residue use, terracing, and contour farming have been effective in reducing erosion, sediment, and flood damages. The mean annual precipitation of 31.56 inches, based on a 30-year record at Denton, Texas, is fairly well distributed throughout the year, with the greatest amounts of rainfall occurring in April and May. The minimum recorded rainfall was 18.49 inches in 1948 and the maximum was 58.35 inches in 1957. The mean annual temperature is 65 degrees. Temperatures range from a mean low of 34 in January to a mean high of 96 degrees in July. The normal growing season is 226 days. Water for domestic and livestock uses in the rural areas is supplied largely by small ponds and shallow wells. Water for Denton is provided by wells and Garza-Little Elm Reservoir, while Lewisville, Slidell, Krum, Ponder, Argyle, and Lake Dallas obtain water from wells. Economic Data Agricultural production constitutes an important part in the economy of this watershed. Farm units, in the watershed as a whole, average about 280 acres in Size. More than half of the farms are operated by tenants. The livestock enterprise consists primarily of beef cattle, dairying, and sheep production. Cash crops grown in the watershed are oats, wheat, grain sorghums, hay, and small acreages of cotton. The flood plain formerly was used for production of cultivated crops, hay, and pasture. Because of frequent flooding, sediment, and erosion damages, most of the cultivated land has been diverted to hay crops and improved pastures. It is expected that more of the flood plain, once used for row crops, will be utilized for feed and hay production in connection with the growing livestock enterprises. Ownership trends indicate a decreasing number of farms with more acres per farm. The tenure trends are toward an increase in farm managers. Land value and farm size have been influenced by the proximity of the watershed to the metropolitan Dallas-Fort Worth area. The current market price of land ranges generally from $150 to $300 per acre, although there are some areas where these values are so high that the land cannot be economically used for agricultural production. Industries within the watershed include plants manufacturing bricks, business forms, clothing, flour, feed, highway signs, boats, trailers, and plastics. There are many businesses connected with water recreation. The transportation needs in the area are served by approximately 450 miles of roads, of which an estimated 150 miles are paved. These roads provide adequate access to all parts of the watershed. Four railroads transverse the watershed and ample loading facilities are available at Denton. The population of Denton County, in which more than 95 percent of the watershed is located, has increased from 47,432 in 1960 to 56,000 in 1965. 4-23045 0-60 1570 6 The 1960 census showed 1,863 farm families with a median family income of $6,370 per year. A large percent of the farmers and ranchers in the water- shed supplement their income with employment in the nearby Dallas-Fort Worth metropolitan area. Approximately 11 percent of the total income for Denton County is derived from agricultural operations. The City of Denton is a cultural center offering excellent educational and employment opportunities for the residents of the watershed and surround- ing area. North Texas State University and Texas Woman's University, with a combined enrollment of approximately 15,000 students, add to the commu- nity's economy. The watershed area is well suited for recreational development and is readily accessible to the Dallas-Fort Worth metropolitan area. Denton, Dallas, Tarrant, and Wise Counties have not been designated as an area of underemployment under the Area Redevelopment or the Public Works and Economic Development Acts. Approximately 40 of the family type farms use one and one-half or more man-years of hired labor. Land Treatment Data The Soil Conservation Service work unit at Denton, Texas is assisting the Denton-Wise Soil and Water Conservation District which covers approxi- mately 95 percent of the watershed. The work units at Dallas and Fort Worth are assisting the Dalworth Soil and Water Conservation District in the remaining five percent of the area. Technical assistance has been provided to cooperators of the districts in preparing 360 basic soil and water conservation plans on 98,280 acres and in establishing and maintain- ing the planned land treatment measures. Current revisions are expected on 167 basic conservation plans during the installation of the project. Soil surveys are complete on 30,670 acres. The remaining area, 114,930 acres, is scheduled for survey during the early part of the project in- stallation period. More than 43 percent of the land treatment practices needed on cropland have been applied. Needed land treatment practices have been applied on approximately 70 percent of the pastureland. A total of 75 percent of the needed land treatment will be established by the end of the installation period. WATERSHED PROBLEMS Floodwater Damage There are 6,912 acres of flood plain land, excluding stream channels, in the Hickory Creek watershed. Of this amount, there are 4,279 acres of flood plain along Hickory Creek and its tributaries above the 10-year frequency pool of Garza-Little Elm Reservoir at (mean sea level) elevation 525.0. There are 599 acres of flood plain land along the Timber Creek lateral, above its entrance at the bottomland common with the Elm Fork of the Trinity River. There are 434 acres of flood plain land along the Pecan 4-23045 3-62 1571 7 Rains of April and May 1457 resulted in extensive damage to crops and structures along the entire length of main stem Hickory Creek. Photo taken at Texas and Pacific railroad crossing south of Denton. Photo by Denton Record-Chronicle. Flash floods of 1957 caused extensive fence damage, adjacent fields suffered scour damage, sediment and debris were deposited in channels. Photo of tributary of Hickory Creek. 4 3 o 4 1572 8 Highway and railroad damage caused by floods of September 1962. Texas and Pacific Railroad in center of photo and U. S. Highway 377 in back- ground. Photo by Denton Record-Chronicle. 1573 9 Road and bridge damages typical to these shown occur frequently in all portions of the watershed. 1574 10 Creek lateral, of which 120 acres are utilized in urban developments and 314 acres devoted to agricultural uses. Fifty-six acres of the agricul- tural land along Pecan Creek are located upstream from the urban area and 258 acres are downstream. The flood plain along Elm Fork, common to the Hickory Creek watershed, consists of 1,600 acres. The entire flood plain has been inundated by the runoff from the largest storm considered in the 20-year (1944 through 1963) evaluation series. During the 20-year period there were 8 major floods covering more than half the flood plain and 36 minor floods. More than 46 percent of the floods have occurred during the months of April, May, and June. This is the season when crops are at a critical stage of growth and are very susceptible to damage from floodwater. An average of two floods occur annually on the Hickory Creek watershed. Floods that inundate more than 50 percent of the flood plain occur on the average of twice in five years. The two largest floods occurred in 1957 and 1962. Runoff from the 1957 storm inundated the entire flood plain. Damage to county roads, State and Federal highways, bridges, and fences was extremely heavy. The average annual flood damages without the program of land treatment and structural measures are estimated to total $82,060. These include $15,129 of crop and pasture damage, $7,806 of other agricultural damage, and $17,074 of road and bridge damage. Urban damages average approximately $27,100 annually. Sediment, erosion, and indirect damages amount to $14,951 annually. At one time, about 80 percent of the flood plain was in cultivation. Fre- quent flooding has forced operators to retire all but about 25 percent to hay crops and improved pasture. Improved pastures are not being managed for maximum use due to loss of fertilizers and seeds from flooding. Nox- ious weed seed are washed in on flood plain land and film deposits of sed- iment are left on grasses. Livestock will not graze until another rain falls and cleans the grass of this sediment. Attempts have been made by individual landowners to levee bottomlands, but these efforts, generally, have not proved to be satisfactory. Urban flood damages have been experienced in the City of Denton. Flooding in the past has caused extensive damage to approximately 150 private homes and 10 businesses. The City of Denton, Texas has installed a concrete lining along part of the channel of Pecan Creek through the urban area. It is estimated that the improved channel will carry the runoff from a storm expected to occur on the average of once every 10 years. Urban areas should be provided with a higher level of protection and additional flood prevention measures are needed. Erosion Damage Flood plain scour damage is generally low. This can be attributed to grassland which provides protective cover on a high percentage of the flood plain lands. The area of greatest damage occurs along a six mile section of Hickory Creek (Reach II, figure 5) extending two miles upstream 4-231345 3-67 1575 11 and four miles downstream from U. S. Highway age by evaluation reach is as follows: Acres Damaged 377 Flood plain scour dam- Percent Evaluation Reach 10 20 : 30 40 : Total I, VII, VIII NO DAMAGE II 37 119 13 13 182 III - 13 4 5 22 IV 41 51 - 92 V 5 - 5 VI 78 9 87 IX 8 _ 8 X 4 - 4 Total 37 268 77 18 400 The estimated average annual damage by flood plain scour is $3,232 (table 5). Channel entrenchment and lateral erosion are generally minor in the watershed, with the exception of the upper reaches of Timber Creek where these processes have been quite active. The estimated land loss by channel erosion in the watershed is less than three acres annually. Erosion rates in the watershed range from low to moderate. Conversion of cropland to improved pastures and application of land treatment measures have significantly reduced erosion damage since 1950. This trend of con- verting cropland to pastureland has been particularly effective in reduc- ing erosion in the Cross Timbers portion of the watershed. Present annual erosion rates in the upland range from 4.4 to 13.2 tons per acre on cropland and from 1.0 to 2.2 tons per acre on rangeland and pastureland. The average annual erosion rate for the watershed under present conditions is 4.2 tons per acre. In the upland area, sheet ero- sion accounts for 92 percent and gully and streambank erosion for 8 per- cent of the annual soil loss. Sediment Damage Damage by overbank deposition is low. This results mainly from the low to moderate sediment production and the fine texture of the materials depos- ited. The most damaging deposition has occurred on the Timber Creek flood plain. Improved cover has resulted in a reduction in upland sediment sources of Timber Creek during the last 15 years and has permitted a high rate of recovery on the damaged flood plain. Modern sediment deposits are mainly clays and silts with lesser amounts of silty sands. Under present conditions, the productive capacity of 585 acres of flood plan is being reduced 5 to 30 percent, as follows: 4-23C45 1576 12 Acres Damaged Percent Evaluation Reach : 5 10 . 20 30 : Total I, VII, VIII NO DAMAGE II 157 56 - 213 III 77 9 - 86 IV 79 30 109 V 20 20 VI 43 8 51 IX 30 30 X 41 25 10 76 Total 376 174 25 10 585 The average annual damage from sediment deposition on flood plain lands is estimated to be $1,434 (table 5). Stream channel aggradation is generally minor. Gravel deposits have re- duced channel capacities of North Hickory and South Hickory Creeks approxi- mately 10 percent. Aggradation also occurs in the middle reaches of Timber Creek where sand deposits have reduced channel capacities 10 to 20 percent. It is estimated that 130 acre-feet of sediment is being deposited annually in Garza-Little Elm Reservoir from Hickory Creek watershed. The annual damage to this reservoir by depletion of its capacity is estimated to be $2,825 (table 5). Problems Relating to Water Management Problems relating to surface drainage and irrigation activity are insigni- ficant in the watershed. According to the sponsoring local organization, there is no known local interest at the present time in providing storage for irrigation in any of the structures. The towns of Lewisville, Slidell, Krum, Ponder, Argyle, and Lake Dallas obtain their water from wells. These towns are not interested in develop- ment of a multiple-purpose structure. The City of Denton obtains its water from wells and Garza-Little Elm Reser- voir. While acute water shortage is not a problem at the present time and plans have been made to assure adequate water for the immediate future, the City of Denton, cognizant of rapid growth and expansion, is vitally interested in any project that offers potential development of additional municipal and industrial water supplies. Rural water supplies are obtained from shallow wells and ponds which furnish adequate amounts to satisfy daily needs. 1577 13 The towns in the watershed do not create a pollution problem at the present time. The City of Denton has a modern sewage treatment plant which can handle 2,000,000 gallons per day. Plans are underway to triple this capa- city by 1969. According to City officials, there are no industrial pollu- tion problems at present. Chemical pollutants such as insecticides are not used extensively in the watershed. There is no interest in the watershed to develop a water based recrea- tional facility. Garza-Little Elm Reservoir provides an excellent area for water based recreational activities. Farm ponds within the watershed provide a source for fishing. Fishing along the intermittent streams of the watershed is limited to small water holes. PROJECTS OF OTHER AGENCIES Garza-Little Elm Reservoir, completed by the U. S. Corps of Engineers in 1954, and into which the major portion of Hickory Creek watershed drains, includes conservation storage for the municipalities of Denton and Dallas, Texas. The planned works of improvement for Hickory Creek watershed will prolong the life of Garza-Little Elm Reservoir by reducing the rate of sedimenta- tion. Structural and land treatment measures in this watershed will not produce any foreseeable detrimental effects to this or to any other pro- ject which may be developed in the future. There are no Imam plans for additional works of improvements for water resource development which would affect or be affected by the program in- cluded in this work plan. aksIs FOR PROJECT FORMULATION Following a request for planning assistance, a reconnaissance of the water- shed was made by staff specialists of the watershed planning staff. Meet- ings were held with the local sponsoring organizations to discuss existing problems and to formulate the objectives of a watershed protection and flood prevention project. Frequent flooding prevents intensive land use and causes damage to crops, pastures, and other agricultural properties. Urban damages have occurred frequently along the Pecan Creek tributary in the City of Denton. The following specific objectives were agreed to: 1.Establish land treatment measures during the project instal- lation period which contribute directly to watershed protection and flood prevention. 2.Attain a reduction of 65 to 75 percent in average annual flood- water and sediment damages along Hickory Creek and its tribu- taries. 1578 14 3. Obtain complete protection from the 100-year frequency storm in the urban area of Denton along the Pecan Creek tributary. Other objectives of the over-all watershed project are reduction of upland erosion and encouragement of owners to develop the structure sites as recreational areas. Recreational developments at sediment pools of flood- water retarding structures will provide landowners the opportunity to establish income producing enterprises. Alternate systems of structural measures were evaluated to obtain the most economical system. Land treatment measures and floodwater retarding struc- tures are the most feasible means of meeting project objectives. The opportunities for including storage capacities for purposes other than flood prevention were explained. Denton is the only city in the watershed interested in additional storage. It was determined that their future needs for municipal water exceeds the storage permissible under the Flood Control Act. At the present time, Denton is obtaining water from wells and Garza-Little Elm Reservoir. It was determined that a project for watershed protection and flood preven- tion meets local needs and that no other group or individual is interested in obtaining additional storage for other purposes. In the selection of floodwater retarding structure sites, consideration was given to locations which would provide the desired level of flood protec- tion. The location, size, number, and cost of structures were influenced by topographic and geologic conditions, existing roads, pipelines, power- lines, land use, and farmsteads. Alternate combinations of structural measures including stream channel improvement which would provide the de- sired level of flood protection were considered during the development of the work plan. The most efficient system was used to meet the project objectives. WORKS OF IMPROVEMENT TO BE INSTALLED Land Treatment Measures An effective conservation program based upon the use of each acre of agri- cultural land within its capabilities and its treatment in accordance with its needs, such as is now being carried out by the Denton-Wise and Dalworth Soil and Water Conservation Districts, is essential to a sound and continu- ing program of flood prevention in the watershed. Basic to the attainment of this objective is the establishment and maintenance of all applicable soil and water conservation and plant management practices. Emphasis will be placed on accelerating the establishment of land treatment practices which have a measurable effect on the reduction of floodwater and sediment damages (table 1). The extent of needed land treatment measures which have been applied to date within the project area represents an estimated expenditure by land- owners and operators of $610,179, excluding reimbursements from Agricultural 4-„,„_07 1579 15 The acreage of coastal bermudagrass is expanding rapidly in the watershed. A portion of the acreage was formerly cultivated. Legumes grown on cultivated land as shown above is a very important phase in obtaining proper land treatment. 4—flOae 1580 16 Conservation Program (table LA). Table 1 includes estimates of the acreage in each major land use which will receive accelerated land treatment during the 8-year installation period. These measures will be established and maintained by the landowners and operators in cooperation with the local soil and water conservation districts. In addition to the presently available technical assistance, $40,850 will be made available to accelerate planning and establishment of needed prac- tices and measures. There are 360 basic conservation plans covering 98,280 acres. It is ex- pected that during the 8-year installation period, 160 additional basic plans will be prepared and 167 revised. Following is the schedule for completing the needed soil surveys durtng the installation period: Acres to be Surveyed First Year Second Year Third Year Total 36,000 40,000 38,930 114,930 Man-Year Requirements First Year .61 Second Year .68 Third Year .66 Total 1.95 The accelerated application and maintenance of land treatment measures is particularly important for protection of the 38,971 acres draining into planned floodwater retarding structures. The applied land treatment meas- ures will reduce the sediment which would be delivered to the floodwater retarding structures by about 18 percent. There are 106,629 acres of the watershed which do not have any control from floodwater retarding struc- tures. On these lands, the establishment and maintenance of land treat- ment measures constitutes the only planned measures. Land treatment meas- ures are important in reducing scour damages on the 6,912 acres of flood plain. Conservation cropping systems including such land treatment practices as cover and green manure crops, contour cultivation, and improved residue- conserving tillage operations will be established on approximately 10,838 acres of cropland. These farming practices will improve water-holding capacity, increase infiltration rates, improve fertility levels, and reduce erosion of the soil. About 200,640 linear feet of gradient terraces will be built and provided with needed grassed waterways to control erosion and retard runoff from the more rolling lands. Establishment of needed water- ways will precede construction of terraces. 4-23045 3-52 1581 17 The trend in upland farm areas is toward retirement of eroded areas from cropland use to hay or pasture. Pasture and hayland management will be practiced on 47,020 acres of improved pasture. Approximately 5,469 acres of this area will be renovated by seeding and fertilizing. Thirteen thousand four hundred acres will be improved or reestablished by either seeding or sodding to attain a good base grass cover. Special grazing control will be carried nut and fertilizers applied as needed. Approxi- mately 1,000 acres will be cleared of trees and brush. Application of wildlife area improvement measures, including stocking of fish in farm ponds and sediment pools of floodwater retarding structures, will enhance upland game, fish, and waterfowl habitats. Plantings in field borders and on grassland will furnish food and cover for wildlife. Excellent cover will be established within the fenced areas on the dams and emergency spillways of floodwater retarding structures and will furnish additional areas of wildlife habitat. The installation of land treatment measures will reduce the total annual erosion in the watershed by approximately 15 percent. Infiltration will be increased by the improvement of cover in the cultivated areas and in- creased density and growth in the pastured areas. Terraces, diversions, and waterways will slow the runoff from cultivated fields. Structural Measures A total of 17 floodwater retarding structures are required to provide the desired protection to the watershed and reduction in floodwater and sedi- ment damages to flood plain lands (figure 6). All planned structural measures are located in Denton County. Figure 1 shows a section of a typical floodwater retarding structure. The capacity of the 15 floodwater retarding structures above U. S. Highway 377 totals 20,733 acre-feet. Of this total, 5,065 acre-feet is provided for sediment accumulation over a 100-year period and 15,668 acre-feet for floodwater detention. Runoff from 54 percent of the watershed above U. S. Highway 377 will be retarded. Floodwater detention in Sites 1 through 15 represents an average of 5.04 inches runoff from the area upstream from these structures. The amount of runoff controlled by each structure is shown in table 3. The total capacity of the two floodwater retarding structures on Pecan Creek is 1,311 acre-feet. Of this total, 101 acre-feet is provided for sediment accumulation and 1,210 acre-feet for floodwater detention. Run- off from 56 percent of the watershed above State Highway 24 will be re- tarded. Floodwater detention in Sites 16 and 17 is the equivalent of 8.60 inches runoff. No structural measures are planned on Timber Creek. Residential develop- ments and high land value make it infeasible to install structural meas- ures to obtain agricultural benefits. 1582 18 All applicable State water laws regulating the appropriation of water or the diversion of streamflow will be complied with in the design and con- struction of structural measures. Details on quantities, cost, and design features of structural measures are shown in tables 1, 2, and 3. EXPLANATION OF INSTALLATION COSTS The estimated cost of planning and installing land treatment measures dur- ing the 8-year installation period, including expected reimbursement from Agricultural Conservation Program funds, is $1,915,986 based on current program criteria. Accelerated technical assistance will be provided to landowners and operators through the soil and water conservation districts by the Soil Conservation Service at an estimated cost of $40,850 from flood prevention funds. These land treatment costs are based on present prices being paid by landowners and operators to establish the individual measures. Estimates of the kinds, amounts, and costs of land treatment measures were furnished by the Denton-Wise and Dalworth Soil and Water Conservation Districts. Land, easements, and rights-of-way for the floodwater retarding structures will be furnished by local interests at no cost to the Federal government. The local cost for the floodwater retarding structures, estimated to be $541,800, consists of land, easements, and rights-of-way ($532,650), re- locating and clearing obstacles ($6,200), and legal fees ($2,950). Construction costs for the 17 floodwater retarding structures, estimated to be $1,136,180, include the engineer's estimate and a 10 percent allow- ance for contingencies. The engineer's estimate was based on unit costs of structural measures constructed in similar areas and modified by special conditions inherent to each individual site location. The cost of instal- lation services is estimated to be $280,360, including engineering and administrative costs. The total construction and installation services costs for these measures is $1,416,540 and will be borne by flood preven- tion funds. The total cost of installation of the structural measures is estimated to be $1,958,340. The estimated schedule of obligations for the installation period for the project, including installation of both land treatment and structural measures, is as follows: 4-23045 3-67 1583 19 Fiscal: Year : Measures Flood Prevention Funds : : Other : Funds : : Total First Floodwater Retarding Structures (dollars) (dollars) (dollars) 1 through 5 526,370 109,250 635,620 Land Treatment 5,106 234,392 239,498 Subtotal 531,476 343,642 875,118 Second Floodwater Retarding Structures 6, 15, 16, and 17 228,130 307,950 536,080 Land Treatment 5,106 234,392 239,498 Subtotal 233,236 542,342 775,578 Third Floodwater Retarding Structures 7 through 14 662,040 124,600 786,640 Land Treatment 5,107 234,392 239,499 Subtotal 667,147 358,992 1,026,139 Fourth Land Treatment 5,107 234,392 239,499 Fifth Land Treatment 5,106 234,392 239,498 Sixth Land Treatment 5,106 234,392 239,498 Seventh Land Treatment 5,106 234,392 239,498 Eighth Land Treatment 5,106 234,392 239,498 Total for Installation Period 1,457,390 2,416,936 3,874,326 1584 20 EFFECTS OF WORKS OF IMPROVEMENT With the project installed and functioning as planned, agricultural lands can be managed more efficiently. Marginal cropland will be removed from cultivation and the hazards of flooding will be reduced on the flood plain lands. Land treatment measures will materially reduce losses by erosion on the upland areas and losses by scour on the flood plains. Structural measures will reduce flood and sediment damages on the benefited areas. It is expected that there will be an increase in the production of non- surplus crops such as grain sorghums, hay, and truck crops. An increase in the amount of improved pasture is expected to result in more livestock production which will further diversify agricultural operations. Development and preservation of wildlife measures will improve game habitat and result in greater incomes to landowners from hunting fees. Increased net returns from more efficient operations and increased produc- tion will raise the standards of living of the local people. The improved living standards will stabilize the farm families and provide greater opportunities for advanced formal education. With the installation and operation of the project, 5 of the 8 major floods such as those which occurred during the 20-year evaluation period, 1944- 1963, would be reduced to minor floods. Average annual flooding on Hickory and Pecan Creeks would be reduced from 3,913 to 1,129 acres. Including recurrent flooding on Hickory and Pecan Creeks, the average annual area flooded three feet or more in depth without project is 435 acres. This is reduced to 135 acres after project installation. The following table shows the acres flooded by storms of specified fre- quencies without and with the project: Evaluation : Reach : (Figure 5) : Average Recurrence 50 Percent Chance 10 Percent Chance : 4 Percent Chance Without : Project : With Project Without : Project : With : Project : Without Project With Project (acres) (acres) (acres) (acres) (acres) (acres) 41 33 63 47 76 53 II 1,160 625 1,461 1,331 1,500 1,410 III 307 18 437 348 460 395 IV 115 23 554 111 625 185 V 35 34 106 96 140 135 VI 231 10 778 164 915 260 VII 45 3 94 18 103 11 VIII 77 54 123 77 137 88 IX 218 160 316 203 320 210 X 1/ 206 427 470 Total 2,435 960 4,359 2,395 4,746 2,747 1/ Land treatment measures only. 4 2 3.0 45 3_67 1585 21 Application of the planned land treatment practices is expected to reduce the total annual soil loss from 345 to 293 acre-feet, a reduction of 15 percent. The annual flood plain scour damage on 406 acres is expected to be reduced 76 percent. Nine percent will be attributable to land treatment measures and 67 percent to structural measures. After the project is installed, a 48 percent reduction in overbank deposi- tion on 585 acres will be effected, with 15 percent resulting from land treatment measures and 33 percent from structural measures. It is estimated that 130 acre-feet of sediment from this watershed is de- posited annually in Garza-Little Elm Reservoir under present conditions. This damage will be reduced to 70 acre-feet annually with the project in- stalled. Without the project, a 48-hour 25-year frequency storm will produce 6.53 inches of runoff from the watershed. Such a storm occurred on May 24-25, 1957. The runoff from this storm on Hickory Creek and tributaries pro- duced an estimated peak discharge of 28,990 cubic feet per second at the reference valley section No. 5 (figure 3). Runoff from this storm inun- dated 4,335 acres of flood plain land below the proposed floodwater retard- ing structure sites. With the project installed, the peak discharge from this storm would have been reduced to 19,200 cubic feet per second. The area inundated with the project would have been reduced to 3,012 acres. Figure 3 graphically illustrates the reduction at valley section No. 5 for the storm of May 29-30, 1946 (2.56 inches of rainfall, 2.03 inches of run- off), approximating a 2-year frequency storm. Reduced flooding will make it possible for farmers to increase the produc- tivity of flood plain land and to plan cropping systems which will result in greater net returns. The flood threat from a recurrence of the storms in the evaluation series would be eliminated from 1,323 acres on Hickory and Pecan Greeks, permitting more intensive use of this fertile land. With the installation of floodwater retarding structures 16 and 17, the urban area along Pecan Creek tributary through Denton will be protected against flood damage from the runoff produced by a storm expected to occur on an average of once in 100 years. It is expected that with adequate flood protection, some relatively large tracts of land now idle or in low value agricultural use may be converted to high value residential, commer- cial and industrial uses. Opportunities will also exist for the develop- ment of other smaller scattered areas. No benefits were estimated for changes in land use which might take place following project installation. It is expected that intensification will occur on about 1,000 acres of the agricultural flood plain on which flooding is expected not more often than once in three years on the average. A large amount of this change will be 1586 22 from pasture and wooded pasture to improved pasture and hayland Allotted crops are minor and no significant changes are expected. Landowners of flood plain lands will be able to carry out a more diversi- fied and intensified agricultural program. Shifts in land use will reduce the acreage of cropland in the watershed by about 13,439 acres, or 26 per- cent. An estimated 85 landowners and operators of 6,912 acres of flood plain will be benefited directly by the project. The most severe damage to roads, bridges, and railroads is caused by floods that cover 75 percent or more of the flood plain. With the project in place, the number of floods included in the 20-year series that would inun- date 75 percent or more of the flood plain would be reduced from 3 to 0. The reduction of these larger floods would decrease indirect losses result- ing from traffic rerouting and marketing delays by approximately 76 per- cent. Percent of Number of Floods in 20-Year Series Flood Plain Covered 50 - 75 75 - 100 Without Project With Project 8 3 3 0 Some loss of wildlife habitat will result from the clearing and inundation of sediment pool areas. All sites will offer opportunities for fish pro- duction and provide waterfowl habitat where none existed previously. Wild- life habitat in flood plain areas will be improved by reduction of fre- quency, depth, and duration of flooding. Upland habitat for wildlife will be enhanced by the application of land treatment. The sediment pools of all floodwater retarding structures will be open for public use on a fee basis or by landowners' permission and will provide neighborhood recreational opportunities that would not be available locally. Facilities will be available for recreational uses such as fishing, swim- ming, picnicking, boating, camping, and hunting. Peak recreation use is expected to occur from May through September, with fishing and hunting continuing throughout the year. For these pools, it is estimated that there will be an additional 12,750 visitor-days annually with a peak daily use of 451 visitors. The project will create additional employment opportunities for local residents. Firms contracting for installation of the structures will employ some of their help locally. The operation and maintenance of pro- ject measures over the life of the project will also provide employment opportunities for the local residents. Secondary benefits, including increased business activity and improved economic conditions in the surrounding communities, will result from the installation of the project. In addition, increased farm production will provide a market for both labor and products used in farming. The in- creased production will provide added income for farm families, thereby 4--23c•45 3-47 1587 23 improving their standard of living. Economic activities will be stimu- lated by sales of fishing equipment and other items associated with im- proved recreational opportunities. These secondary benefits will have a favorable effect on the watershed and in the surrounding areas. In addi- tion, there are intangible benefits such as increased sense of security and the opportunity to plan farm operations without consideration of fre- quent flooding. Local secondary benefits were considered to be equal to 10 percent of the direct primary benefits plus 10 percent on the increased costs that primary producers will incur in connection with increased pro- duction. PROJECT BENEFITS The estimated average annual flood damage (table 5) within the watershed will be reduced from $82,060 to $19,575, a reduction of 76 percent. Approximately 7 percent of the damage reduction benefits will result from land treatment measures; all the remainder will accrue to the structural program. The total benefits from structural measures are estimated to be $90,879 annually. It is estimated that benefits from more intensive use of flood plain will be $15,160 annually after discounting for a 5-year lag in accomplishment. It is estimated that the project will produce secondary benefits averaging $9,634 annually in the local area. This amount which excludes indirect benefits in any form, consists of $7,595 benefits stemming from the pro- ject and $2,039 benefits induced by the project. Secondary benefits of national significance were not considered pertinent to the evaluation. Therefore, only those benefits of a local or area nature were considered in the economic evaluation. Incidental recreation benefits (picnicking, fishing, and hunting), based on an estimated value of 85 cents per visitor-day, will equal $7,881 annually for structures open for public recreational use. Facilities will be moderately developed. Allowance was made for associated costs of 15 cents per user-day for repairs, maintenance, and operation of facilities and liability insurance. In addition to the monetary benefits, there are other substantial benefits which will accure to the project such as enhanced land values in the vicin- ity of floodwater retarding structures, an increased sense of security, better living conditions, and improved wildlife habitat. None of these additional benefits were evaluated in monetary terms; nor have they been used for project justification. COMPARISON OF BENEFITS AND COSTS Average annual benefits from structural measures, excluding secondary bene- fits, are estimated to be $81,245. The average annual cost of these struc- tural measures (amortized from total installation cost plus operation and maintenance), is estimated to be $65,640 providing a bcnefit-cost ratio of 1.2 to 1. 1588 24 Total benefits, including secondary benefits, from structural measures will provide a benefit-cost ratio of 1.4 to 1 (table 6). PROJECT INSTALLATION During the 8-year installation period, individual landowners and operators will establish land treatment measures. The land treatment practices are itemized in table 1, which shows acres to be treated. The goal is to have at least 75 percent of the land treatment applied at the end of the instal- lation period. Schedule for completion of planned land treatment during the installation period is as follows: Fiscal Year : : Cropland Pastureland : Rangeland :Wildlife Land : Total (acres) (acres) (acres) (acres) (acres) First 2,596 4,702 1,180 21 8,499 Second 2,855 5,172 1,298 22 9,347 Third 3,115 5,642 1,416 24 10,197 Fourth 3,115 5,642 1,416 24 10,197 Fifth 3,375 6,113 1,534 27 11,049 Sixth 3,635 6,583 1,652 28 11,898 Seventh 3,635 6,583 1,652 28 11,898 Eighth 3,635 6,583 1,652 28 11,898 Total 25,961 47,020 11,800 202 84,983 Technical assistance in the planning and application of land treatment is provided under the going programs of the soil and water conservation dis- tricts. A standard soil survey is in progress and adequate surveys have been completed on 30,670 acres. There are 114,930 additional acres in the watershed needing soil surveys. This work will be completed during the installation period. The governing bodies of the Denton-Wise and Dalworth Soil and Water Con- servation Districts will assume aggressive leadership in accelerating the land treatment program. The landowners and operators will be encouraged to apply and maintain soil and water conservation measures on their farms and ranches. District-owned equipment will be made available to land- owners and operators in accordance with existing arrangements. Additional flood prevention funds will be used for technical assistance to accelerate installation of land treatment measures during the 8-year in- stallation period. These funds, estimated to be $40,850, will be used by the Soil Conservation Service to assign additional technicians to the local districts to accelerate the application of soil and water conservation measures. The County Agricultural Stabilization and Conservation Service Committees will cooperate with governing bodies of the soil and water conservation 4-23005 3 67 1589 25 districts in selecting practices which will accomplish conservation objcc- tives. The Texas Extension Service will assist in the general educational phase of the program by furnishing information to landowners and operators in the watershed. The Soil Conservation Service will contract for the construction of the 17 floodwater retarding structures, prepare plans and specifications, super- vise construction, prepare contract payment estimates, make final inspec- tions, certify completion, and perform related tasks for the installation of these structural measures. The local sponsors will provide, at no cost to the Federal government, all the land, easements, rights-of-way, legal fees, and relocation of existing improvements as needed for the construction of the floodwater retarding structures. The structural measures will be constructed pursuant to the following conditions: 1.The requirements for land treatment in the drainage area above structures have been satisfied. 2.Land, easements, and rights-of-way have been secured for all structural measures or for a group of structures in a hydrologic unit, or written statements are furnished by the appropriate sponsoring local organization(s) that their rights of eminent domain will be used, if needed, to secure any remaining easements within the project installation period, and that sufficient funds are available and will be used to pay for these easements, permits, and rights-of- way. 3.Operation and maintenance agreements have been executed. 4.Flood prevention funds are available. FINANCING PROJECT INSTALLATION Federal assistance for carrying out the works of improvement described in this work plan will be provided under the authority of the Flood Control Act of 1944, as amended and supplemented. The needed land treatment measures will be installed by landowners and operators under agreements with the Denton-Wise and Dalworth Soil and Water Conservation Districts. Reimbursement under the Agricultural Conser- vation Program will be available for those measures which are eligible for payments based on present program criteria. Financing for the farmcrs and ranchers share of the cost can be arranged through local lending institu- tions and the Farmers Home Administration. The cost of technical assist- ance for land treatment measures will be borne by flood prevention funds. 1590 26 Landowners were contacted by the local sponsors during development of the work plan, and it is expected that most of the easements and rights-of-way will be donated. Denton County Commissioners Court will exercise power of eminent domain as may be needed to secure rights-of-way necessary for in- stallation of floodwater retarding structure Sites 1 through 15. Funds are available for this purpose in the County general fund for roads and bridges. The City of Denton will exercise power of eminent domain as needed to secure the rights-of-way needed to install floodwater retarding structures 16 and 17. A bond election in the amount of $250,000 has been approved for this purpose. The sponsoring local organizations do not plan to use a Farmers Home Admin- istration loan for this project. PROVISIONS FOR OPERATION AND MAINTENANCE Land Treatment Measures Land treatment measures will be maintained by the landowners and operators of farms and ranches on which the measures are applied. Representatives of the soil and water conservation districts will make periodic inspections of the land treatment measures to determine maintenance needs. Landowners and operators will be encouraged to perform the management practices and needed maintenance. Structural Measures The estimated annual operation and maintenance cost is $1,760 for the 17 floodwater retarding structures. Specific operation and maintenance agreements will be executed between the Soil Conservation Service and the responsible organization prior to the issuance of invitation to bid on construction of any of the structural measures included in this work plan. The Denton County Commissioners Court will be responsible for the operation and maintenance of floodwater retarding structures 1 through 15. The two structures to be installed on Pecan Creek, Sites 16 and 17, will be main- tained and operated by the City of Denton. Both the Court and the City will budget each year sufficient funds for the operation and maintenance of the floodwater retarding structures of which they are responsible. The Court and the City will provide money for this purpose from the Denton County road and bridge fund and the city general fund respectively. Maintenance will be accomplished through the use of contributed labor and equipment, by contract, by force account, or by a combination of these methods. The structural measures will be inspected jointly by representatives of the soil conservation district, the County Commissioners Court or the City 1591 27 of Denton after each heavy streamflow. The Soil Conservation Service representative will participate in these inspections at least annually for the first three years following the installation of each structure and for successive years if unusual conditions warrant. Inspection will include items such as the condition of the principal spill- way and its appurtenances, the earth fill, the emergency spillway, the vegetative cover, and the fences and gates installed as a part of the structure. The Soil Conservation Service will furnish technical guidance and informa- tion necessary for the operation and maintenance program. Provisions will be made for free access of representatives of sponsoring local organiza- tions and Federal representatives to inspect and provide maintenance for all structural measures and their appurtenances at any time. 4-23045 3-G7 1592 TABLE 1 - ESTIMATED PROJECT INSTALLATION CC ST Hickory- Creek Watershed, Texas (Trinity River Watershed) Price Base: 1966 F s t ir d Cis (Dollars) Installation Cost Item : Unit Number Federal Other Total LAND TREATMENT Soil Conservation Service Cropland Acre 25,961 928,111 928,111 Pastureland Acre 47,020 660,780 660,780 Rangoland Acre 11,800 283,435 283,435 Wildlife Land Acre 202 2,810 2,810 Technical Assistance (Accelerated) - 40 850 40 850 SCS Subtotal 84 983 40,850 1,875,136 2/ 1,915 986 TOTAL LAND TREA1 NT 84 983 40,850 1 875 136 29r- 1 915 986 STRUCTUREI MEASURES Soil Conservation Service Flondwarer Retarding Structures No. 17 1,136,180 1,136,180 Subtotal - Construction 1,136,180 1,136,180 Installation Services Snit Conserver Lon Service Engineering Services 180,210 180,210 Other 100 150 100,150 SCS Subtotal 280,360 280,360 Subtotal - Installation Services 280,360 280 360 Other Costs Land, Easements, and Rights-of-Way 538,850 538,850 Legal Fees 7,950 2 950 Subtotal - Other Costs 541,800 541,800 TOTAL STRUCTURAL MEASURES 1,416,540 541,800 1,958,340 TOTAL PROJECT 1,457,390 2,416,936 3,874,326 Sls9MkRY Subtotal - SCS 1,457,390 2,416,936 3,874,326 TOTAL PROJECT 1,457,390 2,916,936 3,874,326 1/ Flood prevention funds. 2/ Includes reimbursement from ACP funds under going program. October 1966 4 F7 28 1593 29 TABLE IA - STATUS OF WATERSHED WORKS OF IMPROVEMENT Hickory Creek Watershed, Texas (Trinity River Watershed) Price Base: 1965 Measures Unit Applied : to Date 1/: Total Cost (Dollars) 2/ LAND TREATMENT Cropland Conservation Cropping System Acre 20,542 20,542 Contour Farming Acre 1,640 820 Cover and Green Manure Crop Acre 1,645 16,450 Crop Residue Use Acre 12,859 12,859 Diversion Foot 53,476 4,813 Grasses and Legumes in Rotation Acre 3,266 24,495 Grassed Waterway or Outlet Acre 275 19,250 Terrace, Gradient Foot 432,960 17,318 Terrace, Parallel Foot 5,280 317 Pastureland Brush Control Acre 2,180 39,240 Farm Peed No. 375 75,000 Land Clvaring Acre 1,490 52,150 Pasture and Hayland Management Acre 37,900 18,950 Pasture and Hayland Planting Acre 9,672 241,800 Pasture and Hayland Renovation Acre 2,050 51,250 Range Dcferred Grazing Acre 8,840 4,420 Range Proper Use Acre 9,200 4,600 Wildlife Land Wildlife Habitat Development Acre 503 5,030 Wildlife Habitat Preservation Acre 175 875 TOTAL LAND TREATMENT 610,179 1/ As of July 1964. 2/ Esctudes reimbursement from ASCE Funds under going, programs. October 1966 1594 TABLE 2 - ESTIMATED STRUCTURAT COST DISTRIBUTION Hickory creek Watershed, Texas (Trinity River Watershed) (Dollars) 1/ Installation Cost - Federal Funds : Total -Federal Cost 2/ : :Non Total :Installation: Total Installation Cost Structure Site Construc- Number or Name tion :Installation Services: Federal : ; Engineer- : ing ; : : Other : Floodwater Retarding Structures 1 91,030 11,540 7,650 110,220 24,100 134,320 z 56,170 10,220 5,060 71,450 13,050 84,500 3 137,240 17,840 11,820 166,900 33,700 200,600 4 65,850 9,880 5,770 81,500 11,000 92,500 5 77,810 11,670 6,820 96,300 27,400 123,700 6 35,980 7,910 3,350 47,240 21,950 69,190 7 45,890 8,350 4,130 58,370 9,950 68,320 8 132,690 17,250 11,430 161,370 36,850 198,220 9 73,320 11,000 6,430 90,750 13,450 104,200 le 92,180 13,830 8,080 114,090 11,850 125,940 11 51,400 9,350 4,630 65,380 13,650 79,030 12 49,500 9,010 4,450 62,960 17,550 80,5l0 13 27,970 6,990 2,660 37,620 4,200 41,820 14 56,210 10,230 5,060 71,500 17,100 88,600 15 34,110 7,510 7,[70 44,790 5,650 50,440 16 67,820 10,170 5,950 83,940 154,200 238,140 17 41,010 7 60 3,690 52,160 126,150 178,310 GRAND TOTAL 1,136,160 180,210 100,150 1,416,540 541,800 1,958,340 1/ Based on 196h prices. 2/ Includes land, easementsrights-of-way, legal fees, and reooving obstacles October 1966 1595 TABLE 3 - STRUCTURE DATA - FLOODWATER RETARDING STRUCTURES Hickory Creek Watershed, Texas (Trinity Rivcr Watershed) Item : Unit STRUCTURE NvM8ER 1 2 3 4 5 : 6 : 7 8 t 9 10 Ue`'12S. tSrtd Sq Mi 5.02 2.42 10.88 1.68 6,54 3.19 1-54 11.52 11 3.25 1.SS3,33 L " 6dp412 1 id 200 138 197 107 199 174 124 19) 123 t59 96 8t1t-rn3 Reserve Be] OW R. SST- Ac.Ft, 64 342 - 112 - 387 SH3m.vnt in Detention Pool Ar Fl. 193 304 395 77 223 124 90 624 68 A2 70 FA3odwat_rr itt,31,ntion Ac.Ft. 1,350 625 3,027 473 1,761 851 412 2,722 907 632 700 1,313,3 Ac Ft. 1,807 867 3,961 657 2,295 1,149 626 3,730 A HE 923 866 Sd r tar, Art" 8,31m3, nt Pool 2/ Acre 38 28 46 24 42 50 24 46 23 33 Brrt_meirt RSS e TV. Below Riser Acre 45 82 53 - 88 F i dOC14a [ , r Pool Acre 170 101 288 85 230 158 71 320 115 86 86 Cu.Yd 191,300 109,800 293,000 117,550 161,740 57,700 91,460 255,500 164,750 204,360 95,800 Foot 841.8 836.3 804.8 784.0 729.8 698.2 889,7 762.5 169,2 713.7 671.6 7]ax63,413 Ht tpht of Dam 3/ Foot 40 30 47 29 40 25 29 46 36 44 36 Fmr rt., arty Spillway Crest E1 evatLon Foot 838.0 833.0 800.0 781.5 726.0 695,0 886.5 756,6 765.5 71( LO E68.0 3o3tom Width Foot 180 120 250 150 250 130 100 160 160 200 120 Uvpe Vrg. Bug Vcg. Vrg. Veg, V4Sg Veg. Veg 83Pro3 Chonce of Use 4/ 3.5 3.7 .0 :63•..ratp. Curve No. - Condition 71 tmrArcp, 3, Spillway Hydrograph m 63m Rainfall (6-Hour) 5/ Inch 82 6.80 82 6.80 83 6.80 83 6.80 82 6.80 82 6.80 84 6.80 81 83 6.80 6,80 82 9,60 BB 5.80 st-H3m Runoff Inrh 4.73 4.73 4.84 4.84 4,73 4.73 4.95 4-61 4.81 7.40 484 Vr toc3 I y ni Ft ow (Vr ) 6,/ 0 0 0 0 0 0 0 0 0 2 0 ,M,Ft hatrgr Ratr 61 0 0 0 0 0 0 0 0 0 39 0 33txt rior Water Surfure Elevai ion 6/ Foot - - - - 710.4 Fr cab tard Ryorograph Stern Raimfal I (6-Hour) 7/ Inrh 14.00 14.00 13.93 14.00 14.00 14.00 14.00 13.74 14.00 20.80 !4.00 Stern Ronoff Inch 11.67 [L67 11.78 11.81 11.67 11.67 11,95 11-27 M .81 18 38 11.81 VL lucilv At Flow (Vr ) 6/ Ft./Sec. 85 7.7 9.4 68 [05 7.9 8-0 5.0 Di srhorge Ran! Mj 3,030 1,670 6,330 1,260 4,150 1,710 1,310 5,750 2,610 3,340 1,910 Sid".SPS Watrr Surtarc Elevation 6/ Font 841.8 836.3 804.8 784.0 729.8 698.2 889,7 ?625 769.2 713-7 671.6 Prutriprl 86,31,./aB Capacity (Maximum) 84 40 190 30 112 53 26 197 57 41 44 Crpati33 Equivalents St_cltmuc Volume Inrh 1.71 1.88 1.61 2.05 1.53 1.75 2.60 1.64 [.21 2.75 1.28 Dt.-. cnti on Volume Inch 5-04 4.84 5.22 5.28 5.05 5.00 5.01 4.43 5.23 6.61 5.40 spt 1 Lwar St oragr 8/ Taco 2-80 3.02 2,77 2.65 3.02 3.55 3.50 3,75 2.65 3.93 2.72 IMAAs Bf Strortore A A A A A A A B A (So footnotes ico6notes on last: page tab 3) OrArbrr 1966 1596 TABLE 3 - STRUCTURE DATA - FLOODWATER RETARDING STRUCTURES - Continued Hickory Creek Watershed, Texas (Trinity River Watershed) STRUCTURE NUMBER 1 rem : Unit 12 13 14 : 15 16 17 Total : Drainage Arra 2.64 0.90 2.89 151 1,68 0.95 60.89+ Footnotes, Storage Capacity Sediment Pool 2/ 123 28 117 48 37 23 • 2,090: I - / Exclusive of area controlled by floodwater retarding structure Sediment Reserve Below Riser - 905: No. 7. Sediment in Detention Pool 90 21 85 34 26 15 2,171: floodwater Detention Total Ac.Pt. 724 937 229 278 845 1,047 390 472 777 840 433 471 16,878: 22,044: 2/ 50-year sediment accumulation or 200 acre-feet limitation. Surface Area Sediment Pool 2/ Acre 33 9 31 13 18 15 485: 3/ Measured from centerline of stream Sediment Reserve Below Riser Acre - - 268: channel to effective cop of dam. Floodwater Pool Acre 142 33 145 42 119 90 3,048: Volume of Fill 89,600 44,400 114,300 56,800 125,100 64,840 2,236,300: L'il Based on regional analysis of Elevation Top of Dam Foot 648.6 625.7 674.1 619.9 685.5 681.8 xxx: stream gage runoff. All structures equal or exceed minimum require- Maximum Height of Dam 3/ Emergency Spillway Foot 24 25 27 32 27 20 ma:: mencs given in Washington Englneer- ing Memorandum SCS-27 (Revised Crest Elevation Root 645.5 622.5 671.0 616.0 681.2 678.0 xxx: March 19, 1965). Bottom Width Foot 120 80 150 80 230 120 xxx: Type Veg. Veg. Veg. Veg. Veg. Veg. x„: 5/ Value of P equals values given on Percent Chance of Use 4/ 3.7 3.9 3.0 3.9 1.0 1.0 xxx: Figure 1 Class (A) structures, Average Curve No. - condition II Emergency Spillway Hydrograph Storm Rainfall (6-Hour) 5/ Inch 81 6.80 80 6.80 81 6.80 81 6.80 81 13.00 81 13.00 xxx: Figure 3 Class (B) structures, Figure 5 Class (C) structures, Spillway Design Storms, ENGINEERING- Storm Runoff Inch 4.61 4.51 4.61 4.61 10.55 10.55 HYDROLOGY MEMORANDUM TX-l. Velocity of Flow (Vc) 6/ Ft ./sec 0 0 0 0 3.0 3.1 Discharge Rate 6/ 0 0 0 0 170 90 6/ Maximum during passage of hydro- Maximum Water Surface Elevation 6/ Foot - - 681.9 678.8 xxx: graph. Freeboard Hydrograph stom Rainfall (6-Hour) 7/ Inch 14.00 14.00 14.00 14.00 30.50 30.50 1/ Value of P equals values given on Storm Runoff Inch 11.52 11.39 11.52 11.52 27.86 27.86 Figure 2 Class (A) structures, Velocity of Flow (Vc) 6/ FC./Sec 7.3 7.7 7.5 8.6 8.8 8.2 XXX: Figure 4 Glass (B) structures, Discharge Race 6/ 1,450 1,110 1,910 1,540 40 780 2,110 XXX: Figure 6 Class (C) structures, Maximum Water Surface Elevation 6/ Foot 648.6 625.7 674.1 619.9 685.5 681.8 XXX'. Freeboard Storms, ENGINEERING- HYDROLOGY MEMORANDUM TX-I. Principal Spillway capacity (Maximum) 46 14 53 24 50 27 XXX: Capacity Equivalents 8/ Storage from emergency spillway Sediment Volume Inch 1.51 1.02 1.31 1.01 0.71 0.75 xxx: crest to effective top of dam. Detention Volume Inch 5.14 4.78 5.48 4.83 8.69 8.54 xxx, Spillway storage 8/ Inch 3.57 2.45 3.31 2.36 6.94 9.00 xxx: Class of Structure A A A A xxx: October 1966 1597 33 TABLE 4 - ANNUAL COST Hickory Creek Watershed, Texas (Trinity Rivet Watershed) (Dollars) Evaluation Unit :Amortization Operation : of and :Installation Maintenance: : Cost 1/ Cost 2/ : Total Floodwater Retarding Structures I through 15 50,240 1,580 51,820 Floodwater Retarding Structures 16 and 17 TOTAL 13 640 180 13,820 63,880 1,760 65,640 1/ Installation cost based on 1965 prices and amortized for 100 years at 3 1/8 percent. 2/ Long-term prices as projected by ARS, September 1957. October 1966 1598 34 TABLE 5 - ESTIMATED AVERAGE ANNUAL FLOOD DAMAGE REDUCTION BENEFITS IlickrTy Creek Watershed, Texas (Trinity River Watershed) (Dollars) 1/ :Estimated Average Annual Damage: Damage Without With : Reduction Item Project Project : Bencfits Floodwater Crop and Pasture Other Agricultural Nonagricultural Urban Road and Bridge 15,129 7,806 27,100 17 074 6,586 2,473 5,674 8,543 5,333 27,100 11,400 Subtotal 67,109 14,733 52,376 Sediment Overbank Deposition 1,434 745 686 Garza-Little Elm Reservoir 2,825 1,521 1,304 Subtotal 4,259 2,269 1,990 Erosion Flood Plain Scour 3,232 793 2,439 Indirect 7,460 1,780 5,680 TOTAL 82,060 19,575 62,485 1/ Price Base Adjusted Normalized Price Index, Advisory WS-17, May 1966. October 1966 1599 TABLE 6 - COMPARISON OF BENEFITS AND COSTS FOR STRUCTURAL MEASURES Hickory Creek Watershed, Texas (Trinity River Watershed) (Dollars) AVERAGE ANNUAL BENEFITS 1/ Flood Prevention Total : Average Annual : Cost : Benefit- : Cost : Ratio : Damage : More : Incidental : Evaluation Unit : Reduction :Intensive Use: Recreation : Secondary : Floodwater Retarding Structures 1 through 15 28,165 14,351 7,345 6,656 Floodwater Retarding Structures 16 and 17 30,039 809 536 2,978 56,517 34,362 51,820 13,820 1.1:1.0 2.5:1.0 TOTAL 58,204 2/ 15,160 7,881 9,634 90,879 65,640 1.4:1.0 1/ Price Base: Adjusted Normalized Price Index, Advisory WS-17, May 1966. 2/ In addition, it is estimated that land treatment measures will provide flood damage reduction benefits of $4,281 annually. October 1966 1600 36 TABLE 7 - CONSTRUCTION UNITS Hickory Creek Watershed, Texas (Trinity River Watershed) (Dollars) Unit : No. : Measures in Construction Unit Annual : Annual Benefit 1/: Cost 2/ 1 Floodwater Retarding Structures Nos. 1 through 5 2 Floodwater Retarding Structures Nos. 7 through 11 3 Floodwater Retarding Structures Nos. 6 and 15 4 Floodwater Retarding Structures Nos. 12 through 14 plus Units 1, 2, and 3 5 Floodwater Retarding Structures Nos. 16 and 17 26,540 21,420 21,355 19,420 4,624 3,810 56,517 51,820 34,362 13,820 1/ Price Base: Adjusted Normalized Price Index, Advisory WS-17, May 1966. 2/ Installation costs based on 1966 prices and amortized for 100 years at 3 1/8 percent. October 1966 1601 37 INVESTIGATIONS AND ANALYSES Land Use and Treatment The status of land treatment measures for the watershed was developed by the soil and water conservation districts with assistance from Soil Conser- vation Service work unit personnel at Denton, Dallas, and Fort Worth, Texas. At a meeting held in Denton, the measures for land treatment required to establish a sound soil, water, and plant conservation program for the watershed were determined. Trends in farming operations, expected changes in land use, soil condition, land tenure and other pertinent data were used. From these data, land treatment measures expected to be applied during the 8-year installation period were selected. Past rates of application were examined, and the need for funds to be used for accelerated technical assistance was deter- mined. Land treatment practices that have been applied on farms under conservation plans obtained from accomplishment records maintained by the Soil Conserva- tion Service, were expanded to represent those applied to date within the watershed. The II-condition soil-cover complex numbers were computed under present conditions considering soils, land use, and hydrologic cover. These compu- tations were based on land use, cover, and completed soil survey informa- tion which was expanded to represent the watershed area. Further computa- tions with the land treatment measures assumed to be in place were com- pleted to develop the after-project curve numbers. Based on conservation needs, an estimate was made of the measures to be applied in the 8-year installation period. The acres to be treated and cost of treatment measures are shown in table 1. Table lA reflects the cost of land treatment measures applied prior to development of the work plan. Engineering The following steps were taken in making the engineering investigations: I. A base map of the watershed was prepared showing watershed boundary, drainage pattern, system of roads and railroads, and other pertinent information. 2. A study of aerial photographs supplemented by field exam- inations was made to determine the limits of flood plain subject to flood damage. 4-23045 3_67 1602 38 3.Probable sites for floodwater retarding structures were lo- cated by study of U. S. Geological Survey topographic maps and stereoscopic photo study. A field examination was made of all possible floodwater retarding structure sites. Those sites which did not show sufficient storage possibilities or in which obstacles were encountered making the site unfeasi- ble were dropped from further consideration. A base map was used to show locations of all structure sites that could possibly be used to evaluate alternate systems of structural measures needed to meet project objectives. 4.A system of 29 floodwater retarding structures was recom- mended to the sponsors for further consideration and de- tailed survey. 5.Engineering surveys were started after agreement was reached with the sponsoring local organizations on the locations of floodwater retarding structure sites to be studied. Surveys were carried out as follows: a.Horizontal control - The scale of aerial photographs was checked during mapping of the topography of the floodwater retarding structure sites. b.Vertical control - Existing U. S. Coast and Geodetic Surveys and U. S. Geological Survey bench marks were used to establish a system of temporary bench marks set at strategic locations. These were used in making surveys for proposed structural measures. c.Site surveys - Tentative capacity tables for the pro- posed structure sites were developed from USGS quadrangle sheets and used as a guide in determining the extent of surveys needed. Topographic maps of the reservoir areas with 4-foot contour intervals and a scale of 1 inch 660 feet were developed on aerial photographs. Cross section and profile data were obtained at pro- posed floodwater retarding structure centerlines, pipe- lines, utility lines, and roads involved in each site. After preliminary reservoir plans were accepted by local sponsors, detailed topographic maps of the emergency spillway areas were prepared with a scale of one inch equals 100 feet and a contour interval of 2 feet. Con- tour lines at the elevation of the top of the riser, the emergency spillway crest, and two feet above the emergency spillway crest were located on the ground and plotted on the aerial photographs. These surveys were used to develop data to finalize design, determine esti- mated installation cost, determine land rights require- ments, and to prepare final land rights work maps. 4-23645 3-67 1603 39 6 Design of floodwater retarding structures was initiated as soon as survey data was completed. Structure classification and detention and sediment storage requirements for each structure site were determined from criteria outlined in Engineering Memorandum SCS-27 (March 14, 1950) and Texas State Manual Supplement 2441. After storage tables and curves were developed from topographic maps, principal and emergency spillway crest elevations were determined. Alter- nate locations for each dam were analyzed to determine the most economical and feasible site. The elevations of the sediment and detention pools were determined from the storage curves. The top of the riser was set by providing capacity for the expected 50-year sediment accumulation. In the structure which the 50-year sediment accumulation exceeded 200 acre-feet, a lower pool was set at the 200 acre-feet volume. Storage of water is limited by State law to 200 acre-feet unless a special use permit is obtained. The elevations of the emergency spill- ways were set by providing capacity for the detention and the 100-year sediment volume. Detention volumes in all structure sites meet or exceed the minimum criteria set forth in Engineering Memorandum SCS-27 (Rev. March 19, 1965) and Texas State Manual Supplement 2441. 7 Floodwater detention capacity was provided in all structures according to structure classification as follows: For class "a" structures - detainment of expected runoff from a 25-year storm event; class "b" structures - detainment of expected runoff from a 50-year storm event; class "c" structures - detainment of expected runoff from a 100-year storm event. The expected runoff from these three storm events was deter- mined from a regional analysis of stream gage records. 8 Appropriate emergency spillway design and freeboard storms for all structures were selected from figures 1 through 6 of Engineering-Hydrology Memorandum TX-1 as follows: Class "a" structures - figures 1 and 2; class "b" structures - figures 3 and 4; class "c" structures - figures 5 and 6. Spillway design and freeboard inflow hydrographs were de- veloped by the distribution graph method. The appropriate inflow hydrographs were routed through each reservoir by the Goodrich floodrouting method either graphically or by digital computer to determine the width of emergency spill- way and effective top of dam. Various combinations of spill- way widths and depths were computed to determine the most economical structure. 9. Construction costs were determined from a preliminary design and cost estimate of significant individual items such as embankment, principal spillway, clearing, and fencing. Unit 4 -23 045 1604 40 prices were based on recent contracts of structures in sites with similar characteristics. Conditions peculiar to a par- ticular site such as rock excavation are reflected in designs and cost estimates. 10 Structure data and cost distribution tables were developed to show for all proposed floodwater retarding structures, the drainage area, planned detention capacity, sediment volume, release rate for principal spillway, emergency spillway capac- ity, area inundated by the pools, volume of fill in the dam, estimated cost, and other pertinent data (tables 2 and 3). Hydrologic and Hydraulic The following steps were taken as part of the hydrologic and hydraulic investigations: 1.Basic meteorologic and hydrologic data were tabulated from Climatological Bulletins, U. S. Weather Bureau, U. S. Geo- logical Survey Water Supply Papers, and local records. These data were analyzed to determine average precipitation depth- duration relationships, seasonal distribution of precipita- tion, frequency of occurrence of meteorological events, historical flood series, rainfall-runoff-peak discharge relationships, and the relationship of geology, soils, and climate-to-runoff depth for single storm events. 2.Engineering surveys were made of valley cross sections, high water marks, bridges, and other data pertinent to determining flood and sediment damages. The cross sections were selected to represent the stream hydraulics and flood plain areas. Evaluation reaches were delineated in a joint study with the economist. Additional channel sections were surveyed within the urban area of Denton, Texas to determine channel and flood plain characteristics for purposes of making a detailed water sur- face profile study. 3.The watershed is divided into two parts for the purpose of determining runoff. The portion of the watershed draining into Timber Creek lateral includes a large amount of perme- able soils of the Cross Timbers Land Resource Area. This area is considered separately from the remainder of the watershed. The area draining into Pecan Creek lateral is separated into two parts. Due to the high runoff characteristics of the urban area along Pecan Creek, this area is considered sepa- rately from the remainder of the drainage area of Pecan Creek lateral. 4-23045 3-67 1605 41 Hydrologic conditions of the watershed for both before and with project were determined on the basis of soil groups, land use, land treatment, and cover conditions. The before-project II-condition soil-cover complex curve number of 81 and the with-project curve number of 80 were determined for use on the major portion of the watershed. Areas excepted are that drained by Timber Creek lateral and the urban area portion of Pecan Creek. For Timber Creek lateral, the before-project II-condition curve number of 75 and the with-project curve number of 74 were used. For the urban area only along Pecan Creek lateral, it was determined to use curve number 95. These curve numbers were determined from soil surveys with a combined acreage equal to 25 percent of the watershed area. 4.Cross section rating curves were computed from field survey data by the use of Manning's formula. 5.Runoff-peak discharge relationships were determined by flood routing four volumes of runoff in accordance with procedures set forth in Technical Release 20, "Computer Program for Pro- ject Formulation, Hydrology" (Central Technical Unit, Soil Conservation Service). Stage-discharge relationships along the concrete lined channel within the urban area of Denton, Texas were determined by mak- ing water surface profile studies. These studies revealed that floodwater retarding structures were needed to provide protection to the urban area from the runoff produced by a storm expected to occur on an average of once in 100 years (figure 4). 6.Stage-area inundated curves were developed from field survey data for each portion of the valley represented by a cross section. Stage runoff and stage area inundated curves were developed for each evaluation reach for existing watershed conditions. 7.The rainfall records from the Denton gage were studied for the period 1923 through 1963. From a tabulation of cumula- tive departure from normal precipitation, the 20-year period 1944 through 1963 was determined to be representative of normal precipitation on the watershed. The historical evalu- ation series was developed from those years, with individual events limited to a period of 2 days. 1606 42 8. Determinations were made of the area that would have been inun- dated by each storm of the evaluation series under each of the following conditions: a.The without-project conditions. b.The installation of land treatment measures for watershed protection. c.The installation of land treatment measures and floodwater retarding structures. 9. The evaluation series contained 44 storms that would cause flood damage at the smallest cross section, an average of approxi- mately two floods per year. 10. The runoff from the largesc storm in the historical evaluation flood series was routed to determine the maximum flood plain area used in the computations of damages and benefits. Sedimentation Sedimentation investigations were made in accordance with procedures out- lined in Technical Release No. 12, "Procedures for Computing Sediment Re- quirements for Retarding Reservoirs," September 1959, U. S. Department of Agriculture, Soil Conservation Service, and "Guide to Sedimentation Inves- tigations - South Regional Technical Service Area," March 1965, U. S. De- partment of Agriculture, Soil Conservation Service, Fort Worth, Texas. Sediment Source Studies Sediment source studies were made in the drainage areas of the 17 planned floodwater retarding structures to determine the 100-year sediment storage requirements. Detailed investigations were made in the drainage areas above 5 of the planned floodwater retarding structures and semidetailed studies were made for the remaining 12. Sediment source studies were also made in the drainage areas of 7 sites investigated but not included in the work plan. The following is a tabulation of the investigations and pro- cedures used in determining sediment rates: 1.Detailed field surveys to determine soil loss by sheet erosion included: mapping of land use, cover conditions, land treat- ment, and slope lengths. Gully and streambank channel investi- gations included mapping lengths, depths, and estimated lateral erosion. 2.Utilization of soils and slope data from soil survey photo- graphs. 3 Annual soil loss was computed in tons by sediment sources (sheet, gully, and streambank erosion). The Musgrave soil equation was used in sheet erosion calculations. 1607 43 4.Semidetailed field surveys to determine soil loss rate con- sisted of mapping land use and studying soils, topography, and erosion. Computations were based on erosion rates deter- mined by detailed studies of similar areas. 5.Erosion rates were adjusted to reflect the effect of planned land treatment. 6.Sediment storage requirements for all structures were deter- mined by adjusting annual soil loss for expected delivery ratios and trap efficiency. 7.Allowance for density differences between soil in place and sediment were made for the required sediment storage volumes. These densities were based on volume weights ranging from 43 to 45 pounds per cubic foot (sediment) and 82 to 83 pounds per cubic foot (soil in place). 8.Allocations of sediment in structures were based on the following (all sites in the Grand Prairie Land Resource Area): Period of Deposition First 50 Years Structure Pool Condition of Sediment Allocation (Percent) 85 15 Sediment Submerged Detention Aerated Second 50 Years Detention Aerated 100 Flood Plain Sediment and Scour Damages The following investigations were made to determine the physical damages to the flood plain. 1.Examinations were made along the valley cross sections (figure 3), making note of the depth and texture of de- posits, soil conditions, scour channels, stream channel aggradation or degradation, and other pertinent factors contributing to flood plain damage. 2.Estimates of past physical flood plain damage were obtained through interviews with landowners and operators. 3.Tables were developed to show percent damage by texture and depth increments for sediment and by depth and width for scour. 4.The areas of sediment and scour damages were measured and tabulated by percent damage categories. 4-23045 3-07 1608 44 5.The damage to the productive capacity of the flood plain was assessed by percent for each type damage. 6.Damages were summarized by evaluation reaches. Estimates of recoverability of productive capacities were developed from field studies and interviews with farmers. 7.Using the average annual erosion rates as a basis, sediment yields to the flood plain were estimated by sediment sources for present conditions, with land treatment measures installed, and with land treatment and structural measures installed. 8.Reductions in sediment yields were adjusted to reflect the relative importance of each sediment source as a contributor of damage. The reduction of monetary damage from overbank deposition was based on reduction in sediment yield. The reduction of scour damage is based on reductions in depth and area inundated. Sediment Deposition to Garza-Little Elm Reservoir That portion of Hickory Creek which drains into Garza-Little Elm consti- tutes ten percent of the total watershed area above the reservoir. The estimate of the present annual sediment yield from Hickory Creek watershed to the reservoir is based on a detailed study of sediment sources and the use of delivery ratio curves developed by the Soil Conservation Service. It is estimated that the present annual rate of deposition is 0.72 acre- foot per square mile. With the project installed in Hickory Creek water- shed it is expected that the rate of deposition to the reservoir will be reduced to 0.39 acre-foot per square mile. A sedimentation survey of Garza-Little Elm Reservoir made in September 1960 by the U. S. Army Corps of Engineers showed au annual rate of deposition of 1.46 acre-feet per square mile during the 5.88 year period of record. Preliminary data from the sedimentation resurvey of 1965 indicates an annual rate of deposition of 0.47 acre-foot per square mile for the five year period since the 1960 survey. The weighted average annual rate of deposition for the 10.88 year period of record is 0.97 acre-foot per square mile. The primary reason for the wide variation of sediment yield for the two periods is because of above normal runoff during the first period and below normal runoff for the second. It is believed that the study of sediment sources in Hickory Creek water- shed is more representative of its sediment contribution to Garza-Little Elm Reservoir than the 1960 and 1965 sedimentation surveys. The surveys reflect rates of deposition from a wide range of sediment sources in the 1,660 square mile drainage area of the reservoir. Additionally, the in- stallation of land treatment measures, land stabilization measures, and 80 floodwater retarding structures (June 30, 1965) have materially reduced sediment contribution to the reservoir. 1609 45 Geologic Preliminary geologic investigations were made at each of the floodwater retarding structure sites to obtain information on the nature and extent of embankment materials, foundation conditions, and emergency spillway excavation that will be encountered in construction. These investigations included surface observations of valley slopes, alluvium, channel banks, and exposed geologic formations; seismic investigations; and hand auger borings. Description of Problems All structure sites are located on Lower Cretaceous strata of the Washita group. This group is composed of marine shaly clays, marls, and sub- ordinate limestones, having a total thickness of approximately 500 feet in the watershed. Toward the top is one sandy formation, the Pawpaw, which is the only exception to the non-sandy character of the group. The follow- ing tabulation shows, in descending order, the geologic formations of the Washita group and the sites occurring within their outcrops: Formation Sites Grayson Main Street 12 through 17 Pawpaw Weno 11 Denton 6 Fort Worth 5, 9, 10 Duck Creek 1 through 4, 7, 8 Site conditions are closely related for all formations within the group. Soils overlying the geologic strata are calcareous, silty clays, and gravelly clays. Seepage problems are considered minor because of the dominance of relatively impervious material and near positive cutoffs can be obtained at shallow depths at most site locations. Preliminary estimates of borrow volumes within the sediment pool and emer- gency spillway areas of Sites 4, 10, and 13 closely approximate embankment requirements. Detailed core drill investigations may reveal that addi- tional borraq will be needed from other sources. Construction materials are readily available within easement areas on these three sites. Ade- quate quantities of satisfactory materials are available within the sedi- ment pool and emergency spillway areas on the remainder of the sites. The soils of the borrow areas are classified CL, CH, and GC. Rock excavation is expected in the emergency spillways of Sites 3, 8, 9, and 11. The preliminary estimates are 10 percent of the total excavation on Sites 3, 9, and 11, and 25 percent for Site 8. All of the materials will be usable in the embankments. Detailed investigations, including exploration with core drilling equip- ment, will be made at all sites prior to construction. Laboratory tests 4-23D45 3 -67 1610 46 will be performed to determine the suitability and handling of embankment and foundation materials. Economic Basic methods used in the economic investigations and analyses are out- lined in the "Economics Guide for Watershed Protection and Flood Preven- tion," U. S. Department of Agriculture, Soil Conservation Service, March 1964. Determination of Annual Benefits from Reduction in Damages Agricultural damage schedules were obtained by interviewing landowners and operators of approximately 40 percent of the flood plain. These schedules covered past, present, and future land use, crop distribution under normal conditions, crop yields, other agricultural losses, and depth of flooding. Supplemental data on normal crop yields were obtained from agricultural workers in the area. The present land use on all of the flood plain was obtained by field mapping. Analyses of this information formed the basis for determining the damage- able value and damage rates for various depths and seasons of flooding. The proper rates of damage were applied to the floods in the historical series, covering the period 1944-1963, inclusive. An adjustment was made to take into account the effect of recurrent flooding when several floods occurred within one year. Field studies indicated that land use, yields, frequency of flooding, and anticipated future use warranted the division of this watershed into ten reaches. Consequently, a different damageable value was used for each reach. Estimates of damage to other agricultural property such as fences, livestock, on-farm roads, and farm equipment were made from the analysis of information contained in the flood damage schedules. The monetary value of the physical damage to the flood plain land from erosion and sedi- ment was based on the value of the production lost. The estimate took into account the lag in recovery of productivity and the cost of farm operations to speed recovery. Damage from flood plain scour was related to depth of flooding and velocity, giving greater weight to deeper flows. Damage to Garza-Little Elm Reservoir for sediment deposition was deter- mined by the straight line method. The total cost (adjusted to normal- ized prices) of Garza-Little Elm Reservoir was used to determine the cost per acre-foot of storage lost by sediment deposition. Road and bridge damages were based on information from the County Commis- sioners, Texas Highway Department employees, and residents of the water- shed. Urban damages in the City of Denton were based on information collected in the field on damages experienced from the 1957 flood and from other more recent floods. An evaluation was made of the damage that would occur from a 100-year frequency flood with the present stream channel improvements. 1611 47 The field investigation showed that much of the flood plain area on the upper end of the reach had been developed since 1957, both in the form of residential and commercial areas. Indirect damages involve such items as additional travel time for farmers, rerouting of general traffic, school buses and mail deliveries, and costs of extra feed for livestock during and after floods. Based on information and data obtained from watersheds previously analyzed, it was determined that indirect damages approximate 10 percent of the direct damages. Owners and operators were asked what changes they would make in their flood plain land use or cropping systems if flood protection were provided. They indicated that a shift would be made from pasture to hay, including alfalfa. Consequently, it is not expected that acreages of crops subject to allotments will be increased as a result of the project. Benefits from more intensive land use in protected areas have been estimated. Evaluation of incidental recreation benefits was based on an economic analysis of existing structures and from past experience. This analysis indicated that the project will have an average of 12,750 visitor-days annually and net benefits of $0.85 per visitor-day, after allowances of $0.15 for associated costs. It was estimated that tne capacity of the sediment pools would remain adequate for recreational purposes for 40 years and decline to zero at the end of 50 years. The incidental recrea- tional benefits were discounted to allow for this depletion in capacity. The value of local secondary benefits stemming from the project was con- sidered to be equal to 10 percent of the direct primary benefits. This excludes all indirect benefits. The value of local secondary bcnefits induced by the project was considered to be equal to 10 percent of the increased costs that primary producers will incur in connection with in- creased production. The values of easements were determined through local appraisal, giving full consideration to current real estate market values. An estimate was made of the value of production lost in the pool areas after installation of the program. In this appraisal it was considered that the sediment pools would yield no production. Thc land covered by the detention pools would be used as pasture after installation of the structures. The aver- age annual loss in production within the floodwater retarding structures plus secondary costs therefrom were compared with the amortized value of easements. The easement value was found to be greater and therefore was used in economic justification to assure a conservative benefit-cost analysis. Fish and Wildlife The Bureau of Sport Fisheries and Wildlife, in cooperation with the Texas Parks and Wildlife Department, has completed a reconnaissance study of the Hickory Creek watershed and make the following observations and recommenda- tions: 1612 111 Fish habitat in the watershed is primarily in farm ponds. A small portion of the Garza-Little Elm Reservoir lies in the southeastern extremity of the watershed. The intermittent watershed streams support few fish. Principal species of fish in farm ponds and Garza-Little Elm Reservoir are largemouth bass, white bass, bluegill, white crappie, redear sunfish, green sunfish, and channel catfish. Carp, gars, and gizzard shad also are common in Garza-Little Elm Reservoir. The streams have a few sunfish and channel catfish. Farm pond fishing is restricted to landowners and their invited guests. Garza-Little Elm Reservoir is open to public fishing. Fishing is insignificant in the project streams. There is no commercial fishing in streams and farm ponds in the watershed, and none is expected to develop in the future. That part of Garza-Little Elm Reservoir occupying a small portion of the watershed supports a com- mercial fishery for buffalofish, carp, and gars. This fishing is done by State contract netters and is expected to continue. With the project, the construction of 17 floodwater retarding structures and additional farm ponds would create good fish habitat in the watershed. These impoundments would reduce the amount of sediment deposited in Garza- Little Elm Reservoir thereby improving fish habitat and prolonging the life of that reservoir. No commercial fishing would be expected to develop under with-the-project conditions, except for that in Garza-Little Elm Reservoir. The principal wildlife species in the watershed are bobwhite, mourning dove, fox squirrel, cottontail, waterfowl, raccoon, opossum, armadillo, skunk, and mink. No big-game animals reside in the watershed, and none are expected to do so in the future. Bobwhites, mourning doves, and cottontails are hunted intensively in the watershed. Hunting for fox squirrels and opossums is moderate to light. A few landcwners lease a small amount of land for bobwhite hunting. These conditions would not be expected to change significantly without the pro- ject. During periods of migration, waterfowl make extensive use of available water in the watershed. They are hunted heavily during the waterfowl season. Raccoons are hunted for sport with dogs, but there is no fur trapping in the watershed. With the project, planting legumes, cover and green manure crops, conser- vation cropping systems, wildlife habitat development, and wildlife habitat preservation would be beneficial for upland game. Flood protection below the floodwater retarding structures would improve wildlife habitat, par- ticularly for ground-nesting species. R 1613 49 The floodwater retarding reservoirs and farm ponds would be of value to wildlife as a source of drinking water. Migrating waterfowl would use the impoundments as resting areas. Brush control and land clearing would destroy wildlife habitat valuable to most upland game. Construction of the floodwater retarding reservoirs with sediment pools that maintain water until silted in would benefit fishing and hunting in the watershed. However, to realize the full fishing and hunting potential of the project, provision should be made to provide public access to all of the structure sites. There are certain measures that could be implemented in the project plan that would improve fish habitat and reduce the loss of wildlife habitat. To promote fertility and reduce turbidity, upon completion of the struc- tures and prior to impoundment of water, the basins of the floodwater re- tarding reservoirs should be disked and planted to grasses or a small grain adaptable to the area. When practicable, the dams and selected reservoir areas should be fenced to prevent damage to the dam and muddying of the water by livestock. A watering device installed below the dam and outside of the enclosed area could be used to water livestock. If this is not feasible, watering lanes could be provided to a selected area of the reservoirs. Clearing and charting of seining areas in the larger reservoirs to permit seining would be an aid to management of the reservoirs for fishing. Suit- able seining areas could be provided at little additional cost if included in the project construction plans. Such cleared areas could be con- structed in the process of securing fill for the dams. The Texas Parks and Wildlife Department should be consulted regarding the reservoir stocking requirements. Indiscriminate stocking would be detri- mental to the sport fishery. Where channel catfish are approved for stock- ing, suitable spawning devices should be installed. Sewer tiles, barrels, and old tires have been used successfully as channel catfish spawning shelters. Consistent with project objectives, as much brush and timber as possible should be retained in the watershed for wildlife. Losses of brush and timber that result from project construction and inundation should be compensated for by planting appropriate vegetation at suitable locations such as on idle lands, eroded areas, stream batiks, gullies, and along fencerows. The Texas Parks and Wildlife Department should be consulted prior to clearing for their recommendations relative to the retention of brush and timber. With a minimum of planning and expense, many floodwater retarding, erosion prevention, and soil building practices can be made to improve fish and wildlife habitat. For example, hedgerow plantings provide excellent food and cover for various species of wildlife. They also delineate field boundaries, reduce erosion, establish contour guidelines, and serve as living fences or screens. Likewise, field border plantings help control .-?1.145 3.07 1614 50 erosion, protect edges of fields that are used for turnrows or travel lanes for farm machinery, and also provide food and cover for wildlife. Appropriate plantings around reservoirs and ponds would enhance the beauty and scenic qualities of the watershed. In view of the above, it is recommended that: 1.Public access be provided to the floodwater retarding reser- voirs for fishing and hunting. 2.Upon completion of construction and prior to storage of water, the basins of the reservoirs be planted to grasses or small grains adaptable to the area. 3.Lands adjacent to the periphery of the floodwater retarding dams and reservoirs be planted to grasses and other bene- ficial vegetation to prevent soil erosion and runoff of sedi- ment into the basins of the impoundments. 4.When practicable, the floodwater retarding reservoirs be fenced and watering devices installed below the dams and out- side of the fenced enclosures or adequate watering lanes be provided to selected areas of the pools. 5.Planned clearing and grading to permit fish seining in the reservoirs be included in the project construction plans. 6.Only fish species recommended by the Texas Parks and Wild- life Department be stocked in the reservoirs. 7.Channel catfish spawning devices be installed in the reser- voirs. 8.Clearing of timber and brush be kept at a minimum during construction of the floodwater retarding reservoirs and farm ponds. 9.Losses of timber and brush be compensated for by planting trees and shrubs suitable for wildlife at appropriate loca- tions such as idle lands, eroded areas, stream banks, gullies, and strips along fencerows and travel lanes. The above recommendations are in conformance with U.S.D.A. Soil Conserva- tion Service Biology Memorandum-7 (Rev. 1), National Standards for Biology Practices. IF adopted as a part of the plan of development, losses of wildlife habitat would be mitigated and, additionally, fish and wildlife benefits would accrue to the project. A detailed study of the watershed by the Bureau of Sport Fisheries and Wildlife is not considered necessary at this time. Should the sponsors desire, our Bureau, in cooperation with the Texas Parks and Wildlife Department, would be happy to be of further assistance. 4-23045 3-e7 1615 L'ALHCINCY :FE; Li - - - - - - - - - - - - -_-_-_-_-_-_ u----------- DETENTION POOL . _ P41_ Sri Lisigirt Se SEP 5F P EDE HOLE 940,•-• tia sstet, . *a' *WM 6.4 ta V* WeratiSbareetta• • • • r r // 'ELISE I- flrEies11 / // EOPPiThe PIT ERINCI PUT i TWAY CONOL I T //////y2 T/V/V/ //' 2"/ / / //i / / ///// /<%/.0. / / / Figure I SECTION OF A TYPICAL FLOODWATER RETARDING STRUCTURE 1616 TYPICAL SECTION EMERGENCY SPILLWAY 640 630 610 El 607.6 1 a8166 12teli 0 1. El. 2.5:1 Left Dike Right' Dike 1 Approximate 6round Line 0 660 1120 SCALE IN FEET 1910 7140 52 Emergency Spillway Crest 01.639.0 JOSIPM P.HArtnm Principal Spillway Crest 116253 lorDam Site No.324 1200 61 HOWItt ESTATE Approx Limits of Borrow Area J. SPeNerit Wn•ry Structure 5de No.32 A is docaleo' aPorox,mately 4.5 miles west of ANNA,Collin County, Texas. VICINITY MAP a GENERAL PLAN OF RESERVOIR ELEVATION SURFACE ACRES STORAGE ACRE FEET INCHES 611 0.5 I .04 622 3.0 8 .28 626 7.0 20 .99 620.3 10.0 48 1.70 630 11.5 65 2.31 634 15.0 118 4.19 638 20.0 f88 6.67 639 22.0 210 7.45 642 27.3 283 10.05 i WOOrnaffect&E/ev. 642.4 _Ty Emergency.5oN7waverest flex 639.0 Pt/ix/poi gpasuoy Cresi EloK 628.3 Sediment Pool Elev. 628.3 Drainage Area, Acres 338 Sediment 5/trade, Acre Feed 14 flooduiele.r Slonae,Acre feel 156 Mox.EmengencySysillusayCapv C.E.5.722 Figure 2 TY PICA L FLOODWATER RETARDING STRUCTURE GENERAL PLAN AND PROFILE U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE ovvavc-41- * 4-64 me L.L. WT1fr64 72 4-E-19,480 Approximate Limits of Cutoff liench 6000 Top of Danis El 643.7 ).oa.sioD foVa Ilt00 Emergency Spillwoy iCrest 21639.0 Approximate 6round Line PrinCiaol .1e.dlway rest D.628.3 -"1_ ON OF DAM CSM Pipe ----A Wort:Comp/a& soil and foundorion 4Terecheafien o'.o/a keel/Ter tench /a6orafory feel data ore available 1.11SCS: Reid tonsfrucifon office for review by.prospeellue bidders. 11500 :4000 „•• Sta. 13170.5 /be shaped to a slope not steepet th n 2:1 prior to baCk/ill ino the channel. Suitable excavated ma et ial may be used 1n the embankment as d,,rected by the ngin ey Cost of this channel sloping valve r egu1yed, shall De pa d as "Stream Channel Cie:in- put." 1 31.3L .Id Emergency Spillway Crest Section revolved to t of Oarn teeami channel banks si tnl n he I cm' ts of the embankment Shall Right Dike Note: EMBANKMENT DATA 14' Wire Gap in 30' Fence •ta 10 L1pStreom Toe Tangent Ste 3,40 12' Berm El. 62S.3 it00 St... 5/25 on lethiele of Emergency Spillway Sta. 13 193 on t of Dom PI 200 IOU SOC 100 FENCE LESEND New fence to be constructed under Ibis con/rail Fence in construction area to be removed and selvaged by the Contractor. Emergency Spillway Diversion 18' effective heel, 3.1 site sltpes, minimum base, 13! Cost of diversiar. to be subsidiary :bother ilems of worli Sta. 20000n t of Principal Spillway Sta 11000 on t of Oarn ZO'Derm EL 616.0 4, A minimum of 5, topsoil lo be pate°. m Emergency SPillovay and On 0 *impaled fill Areas' See the stetifications. 441' Enter41enCy Spillway Dio,erSion 0 Downstream The 62 646 EMEROENCY SPILLWAY CURVE DATA 4 • 136.48' 0 • woo, R = 75.39' L. 180.0' P.C.• 5183100 P.T.. 519.40 80 14' Wire Gap 7 PLAN OF EMBANKMENT AND SPILLWAYS SCALE ntFEET Crown I Width EmergeneySpillwayerest El. 639.0 Principal SpillwayCreSt El. 628.9 12' 12'13erm E.'.628.3 act'acro, 41616.0 Min. TYPICAL SECTION 65 640 650- 620 610 600 Sta. 5035 <64 12.4 II! 00 104.00 PROFILE Emergency Spillway Dike MATERIAL PLACEMENT DATA EmeetinNENT SECTION SOURCE DE FILL MATERIAL LAO T ST R COMPACTION t/ PI S LOD Caere Oescmt;on Leto Mon Awe. Cott Feel it To Mod. lap 141n.Dry Denury No Range A:n[0 Den Dein lams, Les 9e, Cu Ft. Percent From from To Yea Any Section { . 8onrow 0 6 WS 15.5 100.5 16.0 Up 1 Bowow 6 12 119.5 13.0 101.5 130 Up 2 Borrow 7 12 il1.5 15.5 100.5 16.0 Up 3 1.Material from required excavation may be used for 'Compacted with compaction requirements and limits of placemenl moisture being the same as for Slmillar materhsl from the borrow area. 2.Place wearthered lei-nes/one Prom Ernergeney Spillway in upslrearn berm (Use hie same compadive is used on ao:/acen/ ma/ethic. Ago upward &nix's- 0/placer/sem' moistare are es..tabilsnso' upper //Mils of p/aeerrIen, moislore xv,// be essiohllshed daring conshoelion by /he vtexiseed.; based on the orgistablibryas,oeefs alma/en:a& hexisg' placed in /he/and/h, ciensthis reathe.of 4•9taximum dry clensit y,optimuin moisture,minimum occeptable dry density and moisture range shown are for material particles passing the number f sieve, Notes /Approximate Ground Line finished Grade 600 2 00 4 .00 6.00 6100 610 PROFILE ON q. OF EMERGENCY SPILLWAY Left Dike Note: Approximate St a.4 000 to Embankmenl:LL642.5 . Approximate Sta. 5t10 to Sta. 5150 5/ 642.5 Grade top of Oike uniformly From 51.642.50 Sta5t50 to s.coabove trade 0 approximate St... 6/00. Material formlni Oike shall be placed and paid as "Compere fed 1617 Construct Earth Fill In limits shaven 0 £1621.3 Fill lobe Classed .9..4 *COmpacied Fil/ Excavate open channel ftoi rzcvhpw -- invert of Cu/fall pipe on uniform grade F,, neural drain approx.Sla3l50,lo be paid as 'Channel Excavation'. lop of Top of Berm Dam Downsteedm Toe Sta. 2100 on 't of Principal Spillway Sta t00 on tor Osen .9,9 31103 53 2.5:1 200' _f_ 2.5'1 12-0' upstream Toe tor' Pipe Supper/ Corruhisfed Ale/e/ Pfx 0.I' 0 (Min) Shaped ear/he, held/4' Coil of shaping' beefdthg: prior fo piaci pipe shell be ineltio'ed fi7 ow/ priee bid for le corn/ sfel me/a/pipe. TYPICAL SECTION BEDDING Anti-Vortex Deck Principal Spillway Crest El 628.3 7 24"x 45" x7.0'Principal Spillway Inlet 120571de Gate Inc. El 421.8 Emergency Spilltv4yee-es1 (1.1639.0 1.2"x 24" Weir Notch, See Debil of7 Shed 5 EL 62,9.9 12' Berm ) C9 A4 Pipe Top of °an, El 643.7 (Allowance for setllement Included) 10.0' . Approximate Ground Line tofDam 5- Anli-See j20 I rs /4,0' PLAN 51.4 1117 - 5./6% II. 619.0 51.4. 1169 In fr.. EL 6// 50 Ste 21.06 (1.609.0 El. 611.5 \impetoious Core: fxcbvaie Cutoff Trench wifh Ii/ side slo,oes and12 II bofforn width to op,oroximate //mil shown on "Profile on c -... tt• s. of Darn.' fq 0 vi (/6 /7.0 \\Excavate ,Sr Conduit Foundafion with 37 side slopes and /21/. bottom width to approximate shown,and back- f prior lo excavating Co loft' Trench. Excavation to be paid as "Cutoff Trench Extevation',Sackfili to be paid as 'Compacted till". Sts.1194 El. 609.0 C /ions) 190.01 of le Dia, Type I, Class 2 16 keie,,,felvenizecl.c/ose riveted bitu_ininous coaled, asbestos bonded corruialed she/ metal pipe,w11h special water Iiiht band couplers, (1-10lstar ter al inlet and 9- 20.0 5 SECTION PRINCIPAL SPILLWAY Flqure 2c TYPICAL FLOOOWATER RETARDING STRUCTURE STRUCTURE PLAN ANC SECT ION U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE D•t• /0•64 I Nrit 17< • .:1.,W,04/ ,t • O...., i..ht 0.0 M.G.C. /1-60 sm. 4-E-19480 1618 0+00 5+00 15+00 10+00 25+00 20+00 30+00 54 570 560 550 Figure 3 DEGREE OF FLOOD PROTECTION HICKORY CREEK WATERSHED (VALLEY SECTION 5) TRINITY RIVER WATERSHEO, TEXAS STORM OF MAY 29-30, 1946 2.56'Y RAINFALL WITH 2.03" RUNOFF APPROXIMATELY 2-YEAR FREQUENCY PL 1619 LEGEND Expected FIood Line of 100-year Frequency Flood Without Project Proposed Site Location 0 Valley Section Pecan Creek Channel Through Denton APPROXIMATE SCALE IN I/11.55 Figure URBAN BENEFIT AREA DENTON, TEXAS PECAN CREEK LATERAL OF HICKORY CREEK U. S DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE TEMPLE. TEXAS Se 0 @Mb& 1966 3-67 4-R-22,475 55 1620 noure 5 PROBLEM LOCATION MAP HICKORY CREEK WATERSHED DENTON. DALLAS TARRANT AND WISE COUNTIES j."(;CMMTIIINA;SIIR'argt. reAra.rfua _-/ 56 LEGEND Roved Road --- Improved Road Proposed Road ReHrood ' ' Levee Droinage Lake or Pond County Line Town or City oh School firkf Church Cemetery Watershed Boundary •: Outline of Floodwater, Sediment arid Scour Damage Sediment Domoge ESSSSS Scour Damage - 37. Valley Cross Section I Evaluation Reach - r 44/ \ "r J I 1621 e•vt 44-s•CAPei LEGEND Paved Rood Improved Road Proposed Rood Railroad Levee Drainage Lake or Pond County Line Town or City School Church Cemetery Watershed Boundary Floodwater Retording Structure Drainage Areo Controlled by Structure Benefited Area Structure Site Number SITE NUMBERS a DRAINAGE AREA No. Acres 3200 2 15 49 3 69 63 4 1075 5 4186 6 2042 7 986 7373 9 2080 10 1184 II 1555 12 1690 13 576 14 1850 1-5- 469- I 6 1062 , t 17R 669 5 LI 9. 11.411 i41,,1 ) 1:1414 C xS' 10 111410 ° "lnN\ PROJECT MAP HICKORY CREEK WATERSHED / F;gure 6 ...„ \y / 's / / 4 fr , 00 DENTON. DALLAS. TARRANT AND WISE COUNTIES TE<AS DEFARTMENt OF AGRtCULTURF SOIL CONSERWSTION SERVICE WV_ TrAAS - 1161.”110 ...... 11.11•111.114 6010 M. 41.11••• 110.114.4 Revised IF-ES 4-R-22926 \\> .1ri•Ifit .a4V ..... 57 Yvv.r.4 Was -Rs 75S/ 1622 WATERSHED MOhle -2HMENT between the ‘to,-Wftn Sof l and Mater r o Dt.1ct Local Orinn*zcUoa h Soil. and Watvr Ce7carvleion District Local Or2ohezation D-nton County Cr criers Court Local Organization Ott, of D-nrog Texas Local Organization of the State of Texas (hereinafter referred to as the Local Organization) and the SOIL CONSERVATION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE (hereinafter referred to as the Service) llacroas, the Soil Conservation Districts have heretofore entered into a Flood Centro' Supplemental Memorandum of Understanding with the Soil Conserva- tion Sirvica for assistance in constructiny, works of improvement for prevention of floods in Hickory Creek Watershed, State of Texas, under the authority of the Flood Control Act of 1944 (58 Stat. 887); and Mherens, the responsibility for csrrying out a portion of the work of the United Statas Department of Agriculture on the watershed has been assigned by the Secretory of Agriculture to the Service; and W;yereas, there has been developed through the cooperative efforts of the Local Organization and the Service a mutually satisfactory plan for works of impwovezeut for the Hickory Creek Watershed, State of Texas, hereinafter referred to as the watershed work plan, which plan is annexed to and made a part of this agreement; and Whereas, the County will benefit from installation of works of improvement thrzu7h tha reduction of damages to property, including county roads and bridges located in the flood plain of the watershed; and Whereas, the City will benefit from installation of works of improvement ehrceli the reduction of damages to urban properties located in the flood plain of the atershed; 1623 ii row, therefore, in vicv of the forecoing considerations, the Lneal Organiza- tion cad tha Secretary of Acricultura, through the Service, hereby agree on tie watershed work plan, end further scree that the works of improvement as set forth in said plan can In installed in about eight years. It is mutually agreed that in installing and operating and maintaininc the works of itprovament substantially in accordance with the terms, conditions, and stipulations provided for in theyatershed work plan: 1. The Local Organization will acquire without cost to the Federal govern- ment such land, easements or rights-of-way as will be needed in connec- tion with the works of improvement. (Estimated Cost $541,800). ine per- centages of this cost to be borne by the Local Organization end the Service are as follows: Estimated Land, Easements, and Works of Local Rights-of-Way Tmorovement Orcanination Service Cost (percent) (percent) (dollars) Floodwater Retarding Structures Nos. 1 through 17 100.00 0 '541,800 1/ 1/ /ncludes $2,950 legal fees. 2.The Local Organization will acquire or provide assurance that land- owners or water users have acquired such water rights pursuant to State law as may be needed in the installation and operation of the works of improvement. 3.The percentages of construction costs of structural measures to be paid by the Local Organization and by the Service are as follows: Works of Local Estimated Imnrovement Organization Service Construction Cost (percent) (percent) (dollars) Floodwater Retarding Structures Nos. 1 through 17 0 100.00 1,136,180 4_z,045 I -SO 1624 iii 4. The percentages of the cost for installation cervices to be e by the Local Organization and the Service are as follows: Estmite; Local Installation Orranization Service Serv5ce Cott (percent) (percent) (dollarz) Floodwater Retarding Srructures Hos. 1 through 17 0 100 230,360 5.The Service will award and administer the contracts covering con- struction of all structural works of improvement. 6.The Local Organisation will obtain agreements from owners of not less than 50% of the land above each reservoir and floodwater retarding structure that they will carry out conservation farm or ranch plans on their land. 7, The Local Organization will provide assistance to landowners and operators to assure the installation of the land treatment measures shown in the watershed work plan. 8.The Local Organization will encourage landowners and operators to operate and maintain the land treatment measures for the protection and improvement of the watershed. 9.The Local Organization will be responsible for the operation and maintenance of the structural works of improvement by actually per- forming the work or arranging for such work in accordance with agree- ments to be entered into prior to issuing invitations to bid for con- struction work. 10.The costs shown in this agreement represent.preliminary estimates. In finally determining the costs to be borne by the parties hereto, the actual costs incurred in the installation of works of improvement will be used. 11.This agreement does not constitute a financial document to serve as a basis for the obligation of Federal funds, and financial and other assistance to be furnished by the Service in carrying out the watershed work plan is contingent on the appropriation of funds for this purpose. 12.The watershed work plan may be amended or revised, and this agreement may be modified or terminated, only by mutual agreement of the parties hereto. 13.No member of Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to 4-23045 -68 1625 By e Date ---/F--L7 adopted at a meeting held on ( e scary, Local Organizat' n) adoptnd at a meeting held on C- -6 (Secretary, Local Orilanization) Date f - 7 4.43040 f.40 this agreement if made with a corporation for its general benefit. 14. Ihn program conducted will be in cGnpliance with all reeairapents respecting nondiscrimination ns contained in the Civil Biohts At of 1964 and the regulations of the Secretary of Agriculture (7 C.F.R. Sec. 15.1 - 15.13), which provide that no person in the Unitsd States shall, on the ground of race, color, or national origin, be excluded from pa: nieipation in, be denied the benefits of, or he subjected to discrimination under any activity receiving Fedsral financial assistance. Denton-Wise Soil and Water Conservttion District Local Organization Title The sin ing of this agreement was authorized by a resolution of the governing body of the Denton-Wine Soil and Water Conservation District Local Organization Date os? 4, 7 Dalworth Soil end Water Conservation T.istrict Local Organizat %2 4;:/61 9 rylt‘ 17-7-6 7 The signing of this agreement was authorized by a resolution of the governin,t body of the Dalwdrth Soil no..1 Water Conservation Distriet Loeal Organization By Title Date 1626 4.44. cd02ted at a meeting held on Dote .4-11040 1-40 Thvaton County Csnslissioners Court Local Organization By Title Date of this agreement was authorized by a r olution of the governing Donten County Coxnisuioners Court Local Organization _/0 Z.Z4CI tee eletA l tory 2ifta Za By "lark^ siGning of this agreement was authorised by a resolution of the governing body of the City of Dauton, Texas Local Organization 6 e Date (cretary, Local Organization) /-0 a- -6 Soil Conservation Service United States Department of Agriculture By ado-tad at a meeting held on Date 1627 SUPPL=TAL 7iATEEN1=m7(ON.0 PT,LN AGREEMENT Between the Denton-Wis Soil 'Ind Water Conc:r,r:tion District Local Organization Dalvmrth Sail and Water Conservatien t Local Organization Denton County Cp=issienern (Thurt Local Oraniention City of Denten, Texas Local Organi atibn State of merrs (hereinafter rfferred to as the Sponsoring Local Organization) and the Soil Consehvatfron Service United States Denarteent of Agriculture (hereinafter referred to as the Service) Whereas, the Watershed Wc,?*: Plan Agreement fur the Hickory Creek Watershed, State of Texas, executed by the.Sponsorin Local Organizations named therein and the Service, became effective on the 7th day of June 1968; and Whereas, in order te carry out the watershed work plan for said water- shed, it has become necessary to modify said Watershed Work Flan Agreement; and • Whereas, it has boon found necessary to eledify the Watershed Work Plan Agreement to comply with praviaions of the Uniform Reieeation Lssistance and Real Property Aoquisitian Policies Act of 1970 (Public Lay 91-646, 84th Stat. 1894); Now, therefore, the S,pansereng Lbcal Offa.ienticn and the Service hereby agree on the follswins,;=dificatich of the ter, oozed ticns, and stipulations of said Watershed Work flect Aerecr,on..: 1. A parajraph nufibered 15 is added to read as follows: The Sponscriles Leon], Orgehinatien pruvide relesation advisory assint,,nee rervicen and eea, the reloeetich neyea'htn to diepineed persons an neou,red by the Untie= Eel:cation i'„erefetancd end Real Propc,1",;;- esqu2,Mtion Pplicios Act ne 1 N,r r1-646, 84th Stat. l4) eiMS.htive as of Jan,n,ry .971, hal the Eechln- tionG isnuad by the Secretary 32 icriendthrl punInnuet !hereto. 1628 Prior to July 1, 1972, the Sponsoring Local .Organization will comply with the real property acquisition policies contained in said Act and Regulations to the extent that they are legally able to do so in accordance with their State law. After July 1, 1972, the real property acquisition policies contained in said Act shall be follow-ed in all cases. The Service will bear 100 percent of the first $25,000 of relocation payment costs for any person, business, or farm operation displaced prior to July 1, 1972. Any such costs for a single dislocation in excess of S25,000 and all costs for relocation pa,yments for persons displaced after July 1, 1972, will be shared by the Sponsoring Local Organization and the Service as follows: Sponsoring. Estimated Local Relocation Organization Service Paiment Costs (percent)' (percent) dollars) Relocation .62.38 37.62 0 1/ Payments I/ Investigations have disclosed that under ,current conditions the project measures will not result tn the displacement of any person, business, or fan' operation. However, if relocations become necessary, relocation payment:: will be cost-shared in accordance with the per-centages shown above. 2. The Sponsoring Local Organization and the Service further agree to all other terns, conditions, and stolpulations of said ;iatershed Work Plan Agrement not modified herein. 1629 iii Denton-Wise Soil and linter Conservation Distr.irt ,--7 Luca]. Organizatii n C. 1)1..../-,4'1,//77'.,//,-- Title (/ 4 /7 Address . ,/ ..,/ • -le' ;I:P.1):Irr 1_1 ,j %? Date q- 7 7/ Zip The signing of this agreement was authorized by a resolution of the governing body of the Denton-Vise Soil and ?Tater Conservation District Local Organization .---- adopted at a meeting held on *--17/7/in4',-' 7 /777 / j/ I . , ii- it-P-1 ,/(Secretary, Local Organization) Address Zip Code Date -2 7 - 7/ 7 I- .2- .7 41 Dalworth Soil cud Vctcr [bn rT tt1OYJ Digtriot L5,utri;Oraci i2tri, By Title I' rrn.'C' /V I.+ 7?L‘Y /CC> Address It -1.,Pyre., ( Zip Code Date c--17 -1/ The signing of this agreement was authorized by a resolution of the governing body of the Dalvrtn Soil .c.:nci 'Thnsenvaticn District Local Organization adopted at a meeting held on Ater 7 e, f / 171 • (Secretary, Local Organization) t 7/Qc Address Akin f. 7,^,e y fa Zip Code Datc `1"- 1630 iv Denton Coto, ty COund.SsiOnOrS Court Local Organization • By Title Address L Date CP!. 7,./ Zip Code The signing of this agreement was authorized by a resolution of the governing body of the 1,:21-upn County C:TrItYs Local Organization adopted at a meeting held on /1, ,;/•;/ /'.1 z/ 1 _ L.< 2 L i-L (Secretary, Local Organization) Add r es s • ; • / we .3- • 7/ - Zip Code Da t e thd ,?2/ City of I-onton, Texas Local Organization By / 11/. 7/ Title / Address Zip Code Date -4, / The signing of this agreement was authorized by a resolution / of the governing body of the 2,117 0:7 rtn -tc,I. Local Organizat ion adopted at a meeting held on zj.,7 4:7 );_„__‘ /77/ /7^ — : (Secretary, Local Organization) Address Date — Zip Code 717— 7/ Soil Con se rtiaL,1 en Servi.ce United ,Dt a tcs Ihpartize:o et Agri cul ture by , /21( ./ -'1,11,/;/ ,_1,1 ( 7 - ./, , ___ 1_ __.,/ i'llte ,) .1 e• II Date ; 1631 Denton-Wise Soil and Water Conservation District Name of Organization By: Title Chairman This action was above on Attest uthorj,zed at an official meeting of at OrganizatZred immediately , Secretary the Title OPERATION AND MAINTENANCE AGREEMENT FOR STRUCTURAL MEASURES THIS AGREEMENT made on g ilLs is between the Soil Conservation Service, United States p nt(of Agrioulture, hereinafter referred to as the Service, and the followg o ganizations, sometimes hereinafter collectively referred to as the Sponsors: Denton-Wise Soil and Water Conservation District Dalworth Soil and Water Conservation District Denton County Commissioners Court The Sponsors and the Service agree to carry out the plan on the attached 4 pages for the operation and maintenance of structural measures in the Hickory Creek (Trinity River) Watershed Project, State of Texas. The measures covered by this agreement are identi- fied as: Floodwater Retarding Structures Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 This action above on Attest utho4zed at ai official meting, of the Organizatiov named immediately /ci at Title Secretary Name of Organization Da orth Soil and Water Conservation District d1 44 By Title Chairman Name ,o Organization Denton County Commissioners Court )) BY d s ? Title (21/AL/' 4z This act was authorized at official,';eetin ' above on at Attes Soil Conservation ervice, 7 U::/; 7 d States Department of Agriculture By TitiVini State Conservatiotht of the Organi tion named _mmediately T'tle 1632 Page 2 OPERATION AND MAINTENANCE PLAN I. OPERATIONS A.The Denton-Wise Soil and Water Conservation District will be repponsible for and will operate or have operated without cost to the Service the structural measures in compliance with any applicable Federal, State and local laws, and in a manner that will assure that the structural measures will serve the purpose for Which installed as set forth in the work plan. B.The Service will, upon request of the organizations responsible for operation and to the extent that its resources permit, provide consultative assistance in the operation of the structural measures. C.The Dentan-Wise and Dalworth Soil and Water Conservation Districts named as parties to this agreement will be responsible for providing aggressive leader- ship among owners and operators of land in the watersheds of these structural measures in promoting acceleration of land treatment to insure maximum on-the-land conservation of soil and water and reduce to a minimum sediment pollution of the structural measures. II. MAINTENANCE A. The Denton County Commissioners Court will: 1.Be responsible for and promptly perform or have performed without cost to the Service except as provided in Paragraph III, Establishment Period, all maintenance of the structural measures determined by either the res- ponsible organization or the Service to be needed. 2.Obtain prior Service approval of all plans, designs and specifications for maintenance work involving mnjor repair. B. The Service will, upon request of the organizatinn responsible for maintenance and to the extent that its resources will permit, provide consultative assis- tance in the preparation of plans, designs and specifications for needed repair of the structural measures. C. The Denton-Wise and Dalworth Soil and Water Conservation Districts named as parties to this agreement will be responsible for continuing effort to motivate owners and operators of land in the watersheds of these structural measures to properly maintain all land treatment measures initiated for purposes of on-the-land conservation of soil and water. III. ESTABLISHMENT PERIOD 1. During an establishment period, as herein defined, the Service will bear such part of the wet of any needed major repairs to the structural measures, including associated vegetative work, as is proportionate to the original construction costs borne by the Service in the construction of the structural measures except that the Service will not bear any of the cost for: 1633 Page 3 1.Repairs to channels or portions thereof which do not have permanent linings such as concrete, riprap, or grouted rock. 2.Repairs determined by the Service to have been occasioned by improper operation or maintenance, or both. 3.Repairs applicable to municipal or industrial water supply or to any other purpose for which construction costs are not authorized to be paid for in whole or in part with funds appropriated to the Service. 4.Repairs that are mutually determined by the responsible organization and the Service as being items of normal maintenance rather thanmajor repair and are not therefore in keeping with the spirit and intent of the establishment period provisions. B.The establishment period for structural measures (exclusive of any associated vegetative work) is a period of three years ending at midnight on the third anniversary of the date on which the structural measure is accepted. C.The establishment period for vegetative work associated with a structural measure is a period from date of acceptance of the initial vegetative work to midnight of the date on which the Service writes the responsible organization advising that an adequate vegetative cover has been obtained. However, this period shall not exceed two growing seasons or the end of the establishment period for the associated structural measure whichever is greater in time. D.As used in the two preceding paragraphs, and elsewhere in this plan, the follow- ing words have the meanings described below: ACCEPTED, ACCEPTANCE: The date structural or vegetative measures are accepted from the contractor when a contract is involved, or the date structural or vege- tative measures are completed to the satisfaction of the Service when force account operations are involved. ADEQUATE VEGETATIVE COVER: A minimum of seventy percent (70%) cover of the de- sirable species, with no active rilling that cannot be controlled by the vege- tation. E.Major repair may involve such things as (1) repairing separated joints, cracks or breaks in the principal spillway, (2) correcting seepage, (3) replacing signi- ficant backfill around structures resulting from major erosion damage, (4) major revegetation due to failure to obtain an adequate vegetative cover, and (5) re- storing areas with significant erosion caused by unusual flow (volume, recurrence or extended period of time) in emergency spillways. F.No action with respect to needed repairs during the establishment period will be taken by the sponsors or the Service Which would lessen or adversely affect any legal liability of any contractor or his surety for payment of the cost of the repairs. TV. INSPECTIONS AND REPORTS A. During the establishment period the organizations responsible for operation and maintenance and the Service will jointly inspect the structural measures at least annually and after unusually severe floods or the occurrence of any other unusual condition that might adversely affect the structural measures. It is desirable the annual inspections be performed during the month shown below. 1634 Page 4 Any supplemental inspections then determined necessary will be scheduled and agreed to at that time. February or March Month B. After the establishment period the structural measures will be inspected annually by the organizations responsible for operation and maintenance, preferably during the month shown below, and after unusually severe floods or the occurrence of any other unusual condition that might adversely affect the structural measures. February or March Month C.After the establishment period the Service may inspect the structural measures at any reasonable timP. D.All inspections will be made in accordance with INSPECTION GUIDES furnished by the Service. E.A written report will be made of each inspection. The report of joint inspec- tions will be prepared by the organizations responsible for operation and main- tenance with the assistance of the Service. A copy of each report will be pro- vided by the preparing party to each other party having operatioaor maintenance responsibilities and to the Service within ten days of the date on which the inspection was made. V.RECORDS Each organization with operation or maintenance responsibilities will maintain in a centralized location a record of all inspections performed both individually and jointly, and of all significant actions taken with respect to operation and mainte- nance. The Service may inspect these records at any reasonable time. VI.GENERAL A. The sponsors will: 1.Prohibit the installation of any structures or facilities that will inter- fere with the operation or maintenance of the structural measures. 2.Obtain prior Service approval of the plans and specifications for any alteration or improvement to the structural measures. 3.Obtain prior Service approval of any agreement to the entered into with other parties for the operation or maintenance of all or any part of the structural measures, and provide the Service with a copy of the agreement after it has been signed by the sponsors and the other party. B. Service personnel will be provided the right of free access to the structural measures at any reasonable time for the purpose of carrying out the terms of this plan. C. The responsibilities of the sponsors under this plan are effective simultaneously with the acceptance of the works of improvement in whole or in part. 1635 Page 5 VII. SPECIAL PROVISIONS A. The organization responsible for operation of the structural measures will: 1.Operate and control all water outlet works and control the level of im- pounded water. 2.Prohibit grazing of vegetation within fenced areas of the structural measures except as needed for proper maintenance. B. The organization responsible for payment of costs of maintenance of structural measures will finance such obligation in the following manner: The County is in good financial condition and sufficient funds shall be bud- geted annually to carry out the maintenance of these structures. 1636 Name of Organiza on City of Denton, Texas Title /1 v By: an was authorized at an official meeti tely above on t ,'78 at Title tJ5 Omy e,tion named Thi Attest Attest OPERATION AND MAINTENANCE AGREEMENT FOR STRUCTURAL MEASURES THIS AGREEMENT made on 6 (? is between the Soil Conservation Service, United States Department of Agriculture, hereinafter referred to as the Service, and the following organizations, sometimes herein- after collectively referred to as the Sponsors: Denton-Wise Soil and Water Conservation District, City of Denton, Texas The Sponsors and the Service agree to carry out the plan on the attached 4 pages for the operation and maintenance of structural measures in the Hickory Creek, Trinity River Watershed Project, State of Texas. The measures covered by this agreement are identified as: Floodwater retarding structures Nos. 16 and 17 Name of r *zati _ De ton-Wise Soil and Water Conservation District el7 This action was authorized at an official meeting of the Organization named immediately abo at BY Title ChM man Title Secretary Soil Conserv t_ ion ; t wice, Unite BY: ..States Department of Agriculture . 7 11_ Title State Conservationist 1637 Page 2 OPERATION AND MAINTENANCE PLAN I. OPERATIaNS A.The City of Denton, Texas will be responsible for and will operate or have operated without cost to the Service the structural measures in compliance with any applicable Federal, State and local laws, and in a manner that will assure that the structural measures will serve the purpose for Which in- stalled as set forth in the work plan. B.The Service will, upon request of the organization responsible for operation and to the extent that its resources permit, provide consultative assistance in the operation of the structural measures. C.The Soil and Water Conservation District named as party to this agreement will be responsible for providing aggressive leadership among owners and operators of land in the watersheds of these struotural measures in pro- moting acceleration of land treatment to insure maximum on-the-land oon- servation of soil and water and reduce to a minimum sediment pollution of the structural measures. II. MAINTENANCE A. The City of Denton, Texas will: 1.Be responsible for anipramptly perform or have performed without cost to the Service except as provided in Paragraph III, Establishment Period, all maintenance of the structural measures determined by either the responsible organization or the Service to be needed. 2.Obtain prior Service approval of all plans, designs and specifications for maintenance work involving major repair. B. The Service will, upon request of the organization responsible for mainte- nance and to the extent that its resources will permit, provide consultative assistance in the preparation of plans, designs and specifications for needed repair of the structural measures. C. The Soil and Water Canservation District named as party to this agreement will be responsible for continuing effort to motivate owners and operators of land in the watersheds of these structural measures to properly maintain all lnala treatment measures initiated for purposes of on-the-land conserva- tion of soil and water. III. ESTABLISHMENT PERIOD A. During an establishment period, as herein defined, the Service will bear such part of the cost of any needed major repairs to the structural measures, including associated vegetative work, as is proportionate to the original construction costs borne by the Service in the construction of the struc- tural measures except that the Service will not bear any of the cost for: 1638 Page 3 1.Repairs to channels or portions thereof which do not have permanent linings such as concrete, riprap, or grouted rock. 2.Repairs determined by the Service to have been occasioned by improper operation or maintenance, or both. 3.Repairs applicable to municipal or industrial water supply or to any other purpose for which construction costs are not authorized to be paid for in whole or in part with funds appropriated to the Service. 4.Repairs that are mutually determined by the responsible organization and the Service as being items of normal maintenance rather than major repair and are not therefore in keeping with the spirit and in- tent of the establishment period provisions. B.The establishment period for structural measures (exclusive of any asso- ciated vegetative work) is a period of three years ending at midnight on the third anniversary of the date on which the structural measure is accepted. C.The establishment period for vegetative work associated with a structural measure is a period from date of acceptance of the initial vegetative work to midnight of the date on which the Service writes the responsible organ- ization advising that an adequate vegetative cover has been obtained. However, this period shall not exceed two growing seasons or the end of the establishment period for the associated structural measure whichever is greater in time. D.As used in the two preceding paragraphs, and elsewhere in this plan, the following words have the meanings described below: ACCEPTED, ACCEPTANCE: The date structural or vegetative measures are accepted from the contractor when a contract is involved, or the date structural or vegetative measures are completed to the satisfaction of the Service When force account operations are involved. ADEVATE VEGETATIVE COVER: A minimum of seventy percent (70%) cover of the desirable species, with no active rifling that cannot be controlled by the vegetaticn. E.Major repair may involve such things as (1) repairing separated joints, cracks or breaks in the principal spillway, (2) correcting seepage, (3) replacing si,gnificant haakfill around structures resulting from major erosion damage, (4) major revegetation due to failure to obtain an adequate vegetative cover, and (5) restoring areas with significant erosion caused by unusual flow (volume, recurrence or extended period of time) in emer- gency spillways. F.No action with respect to needed repairs during the establishment period will be taken by the sponsors or the Service which would lessen or adversely affect any legal liability of any contractor or his surety for payment of the cost of the repairs. 1639 Page 4 IV. INSPECTIONS AND REPORTS A. During the establishment period the organizations responsible for operation and maintenance and the Service will jointly inspect the structural measures at least annually and after unusually severe floods or the occurrence of any other unusual condition that might adversely affect the structural measures. It is desirable the annual inspections be performed during the month shown below. Any supplemental inspections then determined necessary will be scheduled and agreed to at that time. February or March Month B.After the establishment period the structural measures will be inspected annils_11y by the organizations responsible for operation and maintenance, preferably during the month shown below, and after unusually severe floods or the occurrence of any other unusual condition that might adversely affect the structural measures. . Februaxy or March Month C.After the establishment period the Service may inspect the structural measures at any reasonable time. D.All inspections will be made in accordance with INSPECTION GUIDES furnished by the Service. E.A written report will be made of each Inspection. The report of joint in— spections will be prepared by the organizations responsible for oration and maintenance with the assistance of the Service. A copy of each report will be provided by the preparing party to each other party having operation or maintenance responsibilities and to the Service within ten days of the date on which the inspection was made. V.RECORDS Each organizatian with operation or maintenance responsibilities will maintain in a centralized location a record of all inspections performed both individually and jointly, and of all significant actions taken with respect to operation and maintenance. The Service may inspect these records at any reasonable time. VI.GENERAL A. The sponsors will: 1. Prohibit the installation of any structures or facilities that will interfere with the oration or maintenance of the structural measures. 1640 Page 5 2.Obtain prior Service approval of the plans and specifications for any alteration or improvement to the structural measures. 3.Obtain prior Service approval of any agreement to be entered into with other parties for the operation or maintenance of all or any part of the structural measures, and provide the Service with a copy of the agreement after it has been signed by the sponsors and the other party. B.Servioe personnel will be provided the right of free access to the struc- tural measures at any reasonable time for the purpose of carrying out the terms of this plan. C.The responsibilities of the sponsors under this plan are effective simul- taneously with the acceptance of the works of improvement in whole or in part. VII. SPECIAL pRovismas A. The organization responsible for operation of the structural measures will: 1.Operate and control all water outlet works and control the level of impounded water. 2.Prohibit grazing of vegetation within fenced areas of the structural measures except as needed for proper maintenance. B. The organization responsible for payment of costs of maintenance of struc- tural measures will finance such obligation in the following manner: The City is in good financial condition and sufficient funds shall be budgeted annually to carry out the maintenance of these structures. 1641 f Sponsor Denton-Wise Soil & Water Conservation District AJ L4. . Title This action was authorized at an official meeting of the Sponsor named Attest OPERATION AND MAINTENANCE AGREEMENT . FOR STRUCTURAL MEASURES AMENDMENT NO. I to the operation and maintenance agreement for structural measures in the Hickory Creek Watershed, of Texas, executed on the 4 day of September , 1968 • The undersigned hereby agrees that the attached Property Management Standards will be made a part of the original operation and maintenance agreement of the above date. All other provisions of the original operation and maintenance agreement remain unchanged. immediately above or.4 /97 7 at o s' Court 4,t71 24 Name o onsor( By Title This action was authorized at an official meeting of the ponsor named immediately above on Attest op97 4,(-- - at Title _gegey.te4 ---e 1 411k-i Soil C servation Service, United State Department of Agriculture At2 ,150.4, tie State Conservationist 1642 Zjf7d) at immediately above on Title Attest Name of Sponsor Dalworth So & Water Conservation Distri,gt By el 7 Title This action was authorized at an official meeting of the Sponsor named intnediately above on „D-c.±--, 24), /j9 Wikt test /, Title at .0.-40A-1(1,1 e SITES 16 & 17: Name of Sponsor City of Denton By Title "21-ua—esc-r- This action was authorized at'an official meeting of the Sponsor named 1643 PROPERTY MANAGEMENT STANDARDS (Attachment to Operation and Maintenance Agreement) The etandardn prescribed herein govern the utilization and disposition of property furniehed by SCS or acquired in whole or in part with SGS- furniehed funds by the sponnors. Sponsors are responsible for observ- ing the ntandards eat forth herein. Sponsors are authorized to use their own property management standar-de and procedures es long as the provisions set forth herein are Included. 1. efinition a) Real property. Real property means land, lend improvements, structuree and appurtenances thereto, excluding movable machinery snd equipment. (b)Personal property. Personal property means property of any kind except real property. It may be tangible -- having physical existence, or intangible -- having no physical exiatence, such as patent, invention's, and copyrighte. (c)Nonexpendable pereonal property. Nonexpendable personal property means tangible personal property having a useful life of more than one year and an acquisition coat of $300.00 or more per unit. A sponsor may use its own definition of nonoxpendable personal property provided that such definition would at least include all tangible personel property as defined above. • (d)Expendable personal property. Expendable personal property refers to all tangible personal property other than nonexpendable property. (e)Excess property. Excess property means property under the control of any federal agency.which, an determined by the head thereof, in no longer required for it needs. Z. Use of Real Property Sponsors shall uee any real property acquired partly or wholly with &CS financial assistance, as long as needed for the purpose for which It was acquired and in accordance with the O&M agreement. When the real property is no longer needed for the perpope of the SCS financial assistance, the sponsor shall obtain SCS approval of its plans for future use or disposition. Use of Nonexpendable Personal Property (a) 3. Nonexpendable personal property acquired with federal funds. When nonexpendable personal property is acquired by a sponsor wholly or in part with federal Punds, title will not be taken by the federal government, but shall be vested in the sponsor subject to the following restrictions an use and disposition of the property! ATTACHMENT NO. 1 (1) The sponsor shall retain the property acquired with federal funds in the federally financially aesinted program ns long as there in a need_ for the property to accomplish the purpose of the program whether or not the program continues to be supported by federal funds. When there is no longer s need for the property to accomplish the purpose of the federally financially assisted program, the sponsor shall use the property in connection with other federal grants it has received in the following order of priority! (I) Other grants of the SCS needing the property. (ii) °rants of other federal agencies needing the property. (2) When the sponsor no longer has need for the property in any of Its federal grgnt programs, the property may be used for ite own officiil activities in accordance with the following standard (i)Nonexpendable property with an acquisition cost of less than $500.00 and used four year!) or more. The sponsors may use the property for its awn official activities without reimbursement to SCS or sell the property and retain the proceede. (ii)All other nonexpendable property. The sponsors may re- tain the property for Its own use provided that n fair compensation is made to the SCS for the SCS entre of the cost of the property. The amount of compensation shall be computed by applying the percentage of SCS participation in the SCS financially assisted undertaking to the current fair market value of the property. (3) If the sponsor has no need for the property, dieponition of the property obeli be made as follows, (1) Nonexpendable property with an acquisition cost of $1,000 or less. Except for that property which meets the criteria of (2) (1) above, the sponsor ahall sell the property and reimburse the SCS an amount which ie computed in accordance with the last paragraph in (ii) below. (ii) Nonexpendable property with an acquisition cost of over $1,000. The sponsor shall request disposition instructions from SCS. The SCS sha/1 determine whether the property can be used to meet a SCS requirement. If no requirement exists within SCS, the availability of the property shall be re- ported to the General Services Administration (GSA) by the SUS to determine whether a requirement for the property exists in other federal agencies. The SCS shall issue instructions to the sponsor within 120 days end the following procedures shall govern: 1644 If the sponsor is instructed to ship the property elsewhere, the sponsor shall be reimbursed by the benefiting federal agency with an amount which is computed by applying the per- centage of the sponsor participation in the SCS financially assisted undertaking to the currnnt fair market value of the property, plus any ',hipping or interim storage costs incurred. If the sponsor is instructed to otherwise dispose of the prop- erty, he shall be reimbursed by the SCS for such costa incurred in its disposition. If disposition instructions are not issued within 120 days after reporting, the sponsor shall sell the property and reimburse the SCS an amount which is computed by applying the percentage of SCS participation in the undertaking to the sole proceeds. Further, the sponsor shell be permitted to retain $100 or 10 percent of the proceeds, whichever is greeter for the sponsor's selling and handling expenses. Other Requirements for Nonexpendable Personal Property The sponsor's property management standards for nonexpendable personal property shall also include the following procedural requirements: (a)Property records shall be maintained accurately end provide for: a description of the property; manufacturer's serial number or ether identification number; acquisition date and cost; source of the property; percentage of federal funds used in the purchase of property; location, uee, end condition of tho property; and ultimate disposition data including sales price or the method used to deter- mine current fair market value if the sponsor reimburses SCS for Its share. (b)A physical Inventory of property shall be taken and the results reconciled with the property records at lease once every two years to verify the existence, current utilizstion, and continued need for the property. (c)A control system shall be in effect to insure adequate safeguard to prevent loss, dameee, or theft to the property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented. (a) Adequate maintenance procedures shell be implemented to keep the property in good condition:. (e) Proper melee procedures shall be established for unneeded property which would provide for competition to the extent practicable and result in the highest possible return. Ekpendable Personal Property When the total inventory valve of any unused expendable personal property exceeds $500 at the expiration of need for any federal grant purposes, the sponsor may retain the property or sell the property as long as it ccmpeneates SCS for its share in the coat. The amount of compensation shall be computed in accordance with 3(s)(2)(ii) above. Intangible Personal Property (a)If any program produces patents, patent rights, processes, or Inventions, in the course of work aided by a SCS financial assist- ance, such fact shall he promptly and fully reported to SCS. The SCS shall determine whether protection on such invention or dis- covery shall be sought and how the rights in the invention or discovery--including rights under any patent issued thereon-shall be disposed of and administered in order to protect the public interest consistent with "Government Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 F.R. 16889). (b)Where the SCS financial assistance results in a book or other copyrightable material, the sponsor is free to copyright the work, but SCS reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorise others to use the work for government purposes. 1645 Cole Ranch NRCS Watershed Amendments CITY COUNCIL –FEBRUARY 1, 2022 2/1/22 1 1646 Background Cole Ranch Operating Agreement •City Council approved on April 7, 2020 •Section 4.10 –Describes existing lakes and Denton County Soil and Water Conservation District (SWCD) easements within Cole Ranch •Associated dams, spillways, and overflow pipes/valves are part of the drainage and flood control system serving Cole Ranch •Requires Cole Ranch to prepare an assessment and formalize arrangements with SWCD re: improvements, maintenance, and repair of the lakes 2/18/2020 2 1647 Agreement Amendments Negotiations –Cole Ranch, SWCD, and Denton County •Cole Ranch agrees to become joint owner of the dams and reservoirs •Enables Cole Ranch to assist with funding of maintenance and repair of lakes NRCS Hickory Creek Watershed Agreements •Agreements amended to add Cole Ranch as a “local sponsor” •First Amended Watershed Agreement –Removes Wise SWCD and Dalworth SWCD as co-sponsors (no longer involved) •Second Supplement Watershed Agreement –Adds Cole Ranch as a sponsor with certain shared responsibilities with Denton County SWCD •Second Amended Operation and Maintenance Agreement –Adds Cole Ranch as a sponsor for operation and maintenance for structural measures 2/18/2020 3 1648 Questions? 2/18/2020 4 1649