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December 15, 2009 Agenda
AGENDA CITY OF DENTON CITY COUNCIL December 15, 2009 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, December 15, 2009 at 3:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1.Requests for clarification of agenda items listed on the agenda for December 15, 2009. 2.Receive a report, hold a discussion, and give staff direction regarding the use of gas well funds. Following the completion of the Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below. CLOSED MEETING 1.Closed Meeting: A. Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discuss legal strategies and alternatives regarding potential litigation or settlement, concerning street failures in a portion of the Wind River subdivisions. B. Deliberations regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code, Section 551.086; Consultation with Attorney – Under Texas Government Code Section 551.071. 1. Discuss and deliberate the status of pending mediation and settlement efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal th Power Agency I, Cause No. D-1-GN-08-003426, pending in the 126 Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency II, Cause No. D-1-GN-08-003693, in the st 261 Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency,Plaintiffv. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff v. City of Denton, Texas and City of Garland, Texas,Third-Party Defendants, Cause No. th 28169, now pending in the 506 Judicial District Court in and for Grimes County, Texas. Receive a briefing on, discuss and deliberate the terms of a proposed Settlement Agreement regarding the above litigation and the City of Denton City Council Agenda December 15, 2009 Page 2 proceedings pending at the Public Utilities Commission of Texas. Provide the City’s attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. C. Deliberations regarding Real Property – Under Texas Government Code, Section 551.072; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1. Receive a presentation, deliberate and discuss real property and title issues relating to a certain 3.814 acre tract of real property located at the northeast corner of the intersection of Loop 288 and Spencer Road in the City of Denton, Denton County, Texas; and being that same real property conveyed from Douglas and Associates, Inc. to the City of Denton, Texas by warranty deed recorded in Document No. 088905 and filed in the Public Records of Denton County, Texas. Receive a consultation from the City’s attorneys regarding the above and foregoing matters. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Public Utilities Board under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. Deliberations regarding Real Property – Under Texas Government Code, Section 551.072; Consultation with Attorney – Under Texas Government Code, Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART or DCTA, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93- R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DART or DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly 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. E. Consultation with Attorneys – Under Texas Government Code, Section 551.071. City of Denton City Council Agenda December 15, 2009 Page 3 1. Consultation, discussion, deliberation, and receipt of information from the city’s attorneys involving legal matters relating to possible annexations of property into the City of Denton where public discussion of these legal matters would clearly 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. F. Consultation with Attorneys – Under Texas Government Code, Section 551.071 and Deliberations regarding Personnel Matters – Under Texas Government Code, Section 551.074. 1. Consultation with the City’s attorneys regarding legal issues associated with personnel matters involving the city manager, city attorney, internal auditor, and/or the municipal court judge where public discussion associated with these legal matters would clearly conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary of Professional Conduct of the State Bar of Texas. Discuss and deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal and/or hear a complaint or charge involving the city manager, city attorney, internal auditor, and/or the municipal court judge. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS GOVERNMENT CODE (THE ‘PUBLIC POWER EXCEPTION’). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV’T. CODE, §551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council 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: REGULAR MEETING ïò ÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ A. U.S. Flag B. Texas Flag “Honor the Texas Flag – I pledge allegiance to thee, Texas, one state under God, one and indivisible.” City of Denton City Council Agenda December 15, 2009 Page 4 îò ÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A.Proclamations/Awards íò ÝÑÒÍÛÒÌ ßÙÛÒÜß Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A – P). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A – P below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A.Consider adoption of an ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC, flooring, and roof replacements for municipal facilities, and providing an effective date. B.Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a Peterbilt 348 water truck for the City of Denton Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4454–Purchase of Water Truck For Street Department awarded to Rush Truck Centers of Texas, LP in the amount of $127,518). C.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the replacement of windows at the City of Denton City Hall located at 215 E. McKinney Street; providing for the expenditure of funds therefor; and providing an effective date (RFSCP 4409–Window Replacement for City Hall awarded to Jones and Jeffery Construction Company, Inc. in the amount of $292,138). D.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the demolition of an existing slide and installation of a new slide at the City of Denton Water Works Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4440–awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the amount of $355,226). City of Denton City Council Agenda December 15, 2009 Page 5 E.Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of an alternative fuel and truck wash facility at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336–awarded to the lowest responsible bidder meeting specification, Thaten Construction Inc. in the amount of $2,047,685). The Public Utilities Board recommends approval (4-0). F.Consider adoption of an ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ProjectDox Plan Review Software for the City of Denton Building Inspections Division from Avolve Software, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4446–Purchase of ProjectDox Plan Review Software for Building Inspections in the amount of $282,600). G.Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of fifty four (54) departmental monochrome/digital copiers as approved by the U.S. Communities Government Purchasing Alliance (US Communities Contract # 58795) division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4386–Conventional Copier/Multi- Functional Device Program awarded to Ricoh Business Solutions, Inc. in the annual estimated amount of $88,456 for an estimated three year total of $265,368). H.Consider adoption of an ordinance awarding a contract for the purchase of products and services for the on-site vehicle parts facility; providing for the expenditure of funds therefore; providing for the expenditure of funds therefore; and providing an effective date (Bid 4379-Vehicle Equipment and Parts awarded to Genuine Parts Company in the estimated amount of 1,750,000 per year for the four year contract. The total award is estimated to be $7,000,000). I.Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a Class “A” Containerized Training Structure and Class “A” Flashover Chamber and related services for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4433–Best Value RFP for Class “A” Training Structure and Related Services awarded to Draeger Safety, Inc. in the amount of $224,795). J.Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Police Officers Association for the purpose of contributing to their non-profit charitable organization called “Shop With A Cop” which helps needy children shop for things they need and want for Christmas; providing for the expenditure of funds therefor; and providing for an effective date. ($700) City of Denton City Council Agenda December 15, 2009 Page 6 K.Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on March 28, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an exception in decibels from 65 to 69 decibels. L.Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from 940 Ventures, LLC, from the Downtown Incentive Grant Program not to exceed $20,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (5-0-1). M.Consider approval of the minutes of: November 16, 2009 November 17, 2009 N.Consider adoption of an ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Lands Construction for additional sidewalk installation and pathway improvements associated with the Teasley Lane/FM 2181 Pedestrian Way project; providing for the expenditure of funds therefor; and providing an effective date (Bid 3966– Change Order Number One in the amount of $41,082.74). O.Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Settlement Agreement on behalf of the City of Denton, Texas regarding a settlement of the Texas Municipal Power Agency litigation now pending in Travis County and Grimes County, Texas and the proceedings pending at the Public Utilities Commission of Texas; empowering the City Manager to execute any and all documents as are necessary in furtherance and support of said agreement; and providing an effective date. P.Consider adoption of an ordinance authorizing the City Manager to approve a first amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009, between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport; and providing an effective date. The Airport Advisory Board recommends approval (5-0). ìòÐËÞÔ×Ý ØÛßÎ×ÒÙÍ A.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 1.11 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation and a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, for property located at the intersection of N. Bell Avenue and E. University Drive, and is situated in the N.H. Meisenheimer Survey, Abstract No. City of Denton City Council Agenda December 15, 2009 Page 7 811, in the City of Denton, Denton County, Texas (Z09-0003). The Planning and ß Zoning Commission recommends approval (5-2). ÍËÐÛÎÓßÖÑÎ×ÌÇ ÊÑÌÛ ÞÇ Ý . ÑËÒÝ×Ô ×Í ÎÛÏË×ÎÛÜ ÚÑÎ ßÐÐÎÑÊßÔ B.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 19.858 acres of land from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation. The property is generally located east of Hinkle Drive, 960 feet north of U.S. 380 and 1,285 feet south of Headlee Street and is situated in the Robert Beaumont Survey, Abstract No. A-31 in the City of Denton, Denton County, Texas (Z09-0009). The Planning and Zoning Commission recommends approval (7-0). C.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding the rezoning of approximately 5.961 acres of land from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation and a Rural Residential 5 (RD-5) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for property located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (Z06-0033). The Planning and Zoning Commission recommends approval (7-0). D.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow an electrical substation on approximately 5.961 acres of land, generally located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (S06-0012). The Planning and Zoning Commission recommends approval (7-0). E.Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit for a restaurant drive-through facility on approximately 0.8213 acres of land, located at 701 Fort Worth Drive, situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas (S09-0005). The Planning and Zoning Commission recommends approval (7-0). F.Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. City of Denton City Council Agenda December 15, 2009 Page 8 ëò ×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A.Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale/Option Agreement, as appropriate, by and between the City of Denton, Texas (“City”) and the Dallas Area Rapid Transit Authority (“DART”) transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas. B. 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. C. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ________day of ___________________, 2009 at ________o'clock (a.m.) (p.m.) __________________________________________ CITYSECRETARY NOTE: THECITYOFDENTONCITYCOUNCILCHAMBERSISACCESSIBLEINACCORDANCE WITHTHEAMERICANSWITHDISABILITIESACT.THECITYWILLPROVIDESIGNLANGUAGE INTERPRETERSFORTHEHEARINGIMPAIREDIFREQUESTEDATLEAST48HOURSINADVANCEOF THESCHEDULEDMEETING.PLEASECALLTHECITYSECRETARY'SOFFICEAT349-8309ORUSE TELECOMMUNICATIONSDEVICESFORTHEDEAF(TDD)BYCALLING1-800-RELAY-TXSOTHATA SIGNLANGUAGEINTERPRETERCANBESCHEDULEDTHROUGHTHECITYSECRETARY’SOFFICE. AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction concerning the use of gas well funds. BACKGROUND During the FY 2009-10 budget development process, the City Council requested that staff provide an overview of how gas well funds are utilized in the City. In addition, the City Council asked whether Airport Gas Well Funds can be used to reimburse or for years of subsidizing Airport operations. The purpose of this work session, therefore, is to provide the City Council with the above mentioned information. The attached PowerPoint presentation (exhibit 1) provides an overview of the gas well funds that are maintained in the City of Denton. As described, the City currently maintains an Airport Gas Well Fund, Non-Airport Gas Well Fund, and a Parks Gas Well Fund. The funding for Airport and Parks Gas Well funds are restricted to Airport and park property since federal grants were used to acquire the land for these facilities. On the other hand, the Non-Airport Gas Well funding can be used to support any Council directed purpose since its revenue is derived from General Fund revenue sources. The City Council has previously directed staff to only use these funds for one time capital improvement projects. The Non-Airport Gas Well Fund is expected to have an ending fund balance of $2,625,626 as of 9/30/2010, and the Airport Gas Well Fund is expected to have an ending fund balance of $3,929,879. The Parks Gas Well Fund is estimated to have an ending fund balance of $100,992 as of 9/30/2010. These figures include expenditure estimates for items that were approved in the FY 2009-10 Budget. The General Fund has provided approximately $964,000 in support to Airport operations over the past six fiscal years (see exhibit 2). According to Federal Aviation Administration (FAA) guidelines, the City can elect to repay the subsidy to Airport operations. to reimburse a sponsor only for contributions or expenditures for a claim after October 1, 1996, While this appears conclusive, staff would like to have a written confirmation from the FAA before proceeding due to revenue diversion concerns. While staff has attempted to contact the FAA concerning this issue, we have been unable to confirm whether the agency will issue such an opinion. If directed to pursue the reimbursement by the City Council, staff will continue to pursue obtaining a written confirmation from the FAA. Agenda Information Sheet December 15, 2009 Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commissions) In 2005 and 2006, the Audit/Finance Committee and City Council discussed the use and management of Gas Well funds. Respectfully submitted, Bryan Langley Director of Finance EXHIBITS 1)PowerPoint Presentation 2)General Fund Assistance to Airport Operations over the past six fiscal years ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider the adoption of an Ordinance of the City of Denton, Texas to declare the intent to reimburse expenditures from the unreserved fund balance of the General Fund with Certificates of Obligation with an aggregate maximum principal amount equal to $1,500,000 for funding facility HVAC, flooring, and roof replacements for municipal facilities, and providing an effective date. BACKGROUND The FY 2009-10 Capital Improvement Program Budget includes provisions for the maintenance of several City facilities, including libraries, fire stations, the Animal Shelter and City Hall East. For the funding of these projects, certificates of obligation are issued and sold in conjunction with a Capital Improvement Program bond sale. The Capital Improvement Program bond sale is scheduled to occur in April 2010. Due to necessary lead times in several of these projects, Facilities Management would like to initiate this purchase prior to the sale of the Certificates of Obligation. The purchase will be made out of the unreserved fund balance of the General Fund, and with the approval of the attached Ordinance, these funds will be reimbursed once the Certificates of Obligation are sold. The total expenditures for the purchase of materials and supplies needed for the projects in the General Fund is $1,500,000. Attachment A, included in the Ordinance, details the projects scheduled for completion this fiscal year. In the event that unplanned or emergency facility repairs are needed, funds will be reallocated to these projects as necessary. PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISIONS) None FISCAL INFORMATION This Ordinance will allow the Certificates of Obligation to reimburse the General Fund in the amount of $1,500,000 for the costs of the facilities maintenance program. Respectfully submitted: Bryan Langley Director of Finance ATTACHMENT A FACILITY MAINTENANCE PROGRAM ESTIMATES COMPLETE SQUARE ESTIMATED FOOTAGE FACILITIES COST 2009 RoofCity Hall East75,575$ 950,000 HVACSouth Branch Library 11,000$ 90,000 HVACCity Hall East107,000$ 170,000 HVACMartin Luther King, Jr. Rec Center 20,000$ 110,000 HVACFleet Services Building24,000$ 50,000 HVAC Animal Control Center7,379$ 40,000 HVACFire Station 44,500$ 14,000 HVACFire Station 35,500$ 14,000 RoofAnimal Control Center7,379$ 3,000 RoofDenia Recreation Center10,780$ 4,000 RoofSouth Branch Library6,502$ 4,000 RoofNorth Lakes Annex3,500$ 2,700 Flooring107,000$ 48,300 City Hall East TOTAL$ 1,500,000 ï ±º ï ÍæÄѲ»óÌ·³»ÄÞ´¼¹ Ò»»¼ îððéóðèÄÚÓ Ó¿·²¬»²¿²½» Ю±¹®¿³ò¨´¨ AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Buy Board contract #281-07 for the acquisition of a Peterbilt 348 water truck for the City of Denton Street Department by way of an Interlocal Agreement with the City of Denton; and providing an effective date (File 4454-Purchase of Water Truck For Street Department awarded to Rush Truck Centers of Texas, LP in the amount of $127,518). FILE INFORMATION This transaction is for the acquisition of a Peterbilt Model 348 Water Truck to be used by the Street Department for dust control and compaction during maintenance and construction related activities. The Texas Buy Board awarded a contract to Rush Truck Centers of Texas, LP for the purchase of a Peterbilt 348 Chassis/ Water Truck in 2007. This purchase was approved during the FY 2009-2010 budget process and will replace an aging water truck currently in use. RECOMMENDATION Award the purchase of a Peterbilt 348 Water Truck for $127,518 to Rush Truck Centers of Texas, LP. PRINCIPAL PLACE OF BUSINESS Rush Truck Centers of Texas, LP San Antonio, TX ESTIMATED SCHEDULE OF PROJECT Delivery of the truck should be within 180 days of issuance of purchase order. FISCAL INFORMATION This item will be funded from account# 810051461.1355.30100. Requisition 96650 has been entered in the Purchasing software system. Agenda Information Sheet December 15, 2009 Page 2 EXHIBITS Exhibit 1: Buy Board Quote from Rush Truck Centers of Texas, LP Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4454 Û¨¸·¾·¬ ï ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A PURCHASE ORDER THROUGH THE BUY BOARD CONTRACT #281-07 FOR THE ACQUISITION OF A PETERBILT 348 WATER TRUCK FOR THE CITY OF DENTON STREET DEPARTMENT BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE (FILE 4454-PURCHASE OF WATER TRUCK FOR STREET DEPARTMENT AWARDED TO RUSH TRUCK CENTERS OF TEXAS, LP IN THE AMOUNT OF $127,518). WHEREAS, pursuant to Ordinance 2005-034, the Buy Board Cooperative Purchasing Network 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 Buy Board Cooperative Purchasing Network 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 4454 Rush Truck Centers of Texas, LP $127,518 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 the Buy Board Cooperative Purchasing Network for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the Buy Board Cooperative Purchasing Network 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 Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the Buy Board Cooperative Purchasing Network, and related documents herein approved and accepted. SECTION 4. 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 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ________ day of ______________, 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-File 4454 AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Dean Hartley 349-8243 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the replacement of windows at the City of Denton Municipal Building; providing for the expenditure of funds therefor; and providing an effective date (RFSCP 4409-Window Replacement for City Hall awarded to Jones and Jeffery Construction Company, Inc. in the amount of $292,138). RFSCP INFORMATION One of the signature features of the design of City Hall, which was built in 1967, is the large windows that drape the building providing a warm and inviting environment for all who visit and work here. The building was originally constructed with single pane glass which was an acceptable building standard at the time. However, the windows are not energy efficient and are the source of condensation problems in the building. The years of condensation have taken their toll on the metal frames that hold the heavy glass and they are suffering rust damage. Wooden window finishes are also receiving water damage, and the condensation is such a problem that portable dehumidifiers are sometimes necessary. To resolve these issues, staff is proposing to replace all the original single pane windows and metal frames with much more energy efficient double pane windows and aluminum frames. This bid is for all labor, material, and supplies to replace the large windows at City Hall. This will also include the replacement of existing steel window frames with aluminum framing systems that do not require maintenance or painting. All single pane glass will be replaced with thermal double pane Low E insulated glass. To ensure the architectural design and appearance of the original design of the building, David Robinson with Kirkpatrick Architecture Studio was hired to provide specifications and drawings to successfully bid this project. The window replacement design or appearance will not change. The proportional size of each window pane will not change and other than replacing the metal frames with the new aluminum ones, the difference should negligible. Though City Hall is not a historically designated building, staff understands and appreciates the design significance of the building and as such has met with Mrs. Peggy Capps, chairperson for the Historic Landmark Commission (HLC) to present the project for her review. Both David Robinson and Dean Hartley met with Mrs. Capps to proactively learn of any potential concerns that she felt the Historic Landmark Commission may wish staff to address. In regards to window replacement she expressed no concern other than to emphasis the importance that the replacement windows should retain the same look and sizing of the current windows. Agenda Information Sheet December 15, 2009 Page 2 RFSCP INFORMATION (CONTINUED) However, there was some concern expressed regarding Alternate 2 which is the replacement of courtyard. These particular doors are suffering significant water damage and rot (see attached pictures-Exhibit 2). Left alone, these doors will continue to deteriorate beyond repair and will be lost forever. These are the only set of original carved doors that are directly subject to outside elements. As part of this window replacement project, staff discussed options for restoration and placement of these Ford, Powell, and Carson was consulted to discuss the possible options to relocate them to another place along the courtyard that could provide better protection and a more visible entrance into the building. Upon review, the Ford, Carson, and Powell firm thought that moving them to an alternate location (essentially creating a new entrance) would change a significant design feature of the building. As such, staff has developed Alternate 2 to this proposal that would remove the doors so that they can be saved, restored, and incorporated back into the building as a significant design feature, but would leave the entrance at the current location. The doors will be replaced with a single glass door in aluminum framing. Mrs. Capps expressed concern that the doors would be removed and never returned to City Hall. Staff shares this concern and the permanent removal of the wooden doors is not the intent of this proposal. Rather, staff believes that removal of the doors is the best option to save them, and once restored, staff will work to ensure that they are incorporated back into the building possibly near their original location or in an ornamental manner that is acceptable. A similar situation existed when the carved wooden entrance doors at the Emily Fowler Library were replaced as the actual entry door with a glass door, but incorporated as a design element in the entrance of the building. Another alternate (Alternate 4) that is being proposed includes the installation of operable windows in the lower openings in five locations along the north side of the building. The design element is proposed to provide staff, City Council, and visitors another option to exit the building should it be necessary due to an emergency such as a fire or due to an incident of workplace violence. The inclusion of the operable windows will not change the appearance the building. This project was originally scheduled and budgeted in 2008. As design was nearing completion earlier this year, staff sought grant funding through the American Recovery & Reinvestment Act (ARRA) to see if possible funding was available. Unfortunately, grant funding was not received on this project and staff is proposing to begin at this time through the award of this contract. Total project cost is $292,138, and the source of funds is from the original budgeted amount plus savings from other completed facility projects that are being consolidated for this project. In addition to the benefits of solving the moisture and safety issues, additional operating savings are anticipated due the installation of the energy efficient windows. As much as a 25% improved efficiency could save the City approximately $17,000 annually in heating and cooling cost. Agenda Information Sheet December 15, 2009 Page 3 RECOMMENDATION Award to Jones and Jeffery Construction Company, Inc. in the Base Bid amount of $274,300 plus Alternate 2 in the amount of $10,751 and Alternate 4 in the amount of $7,087 for a total award of $292,138. PRINCIPAL PLACE OF BUSINESS Jones and Jeffery Construction Company, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT Construction is estimated to be completed within 130 days of the issuance of the notice to proceed. FISCAL INFORMATION This project will be funded from the following accounts: 100141458.1365.40100 $ 41,526.35 CO 2008 100141454.1365.40100 $ 83,900.00 CO 2007 100141452.1365.40100 $ 80,000.00 CO 2006 100141445.1365.40100 $ 78,000.00 CO 2004 100141441.1365.40100 $ 8,603.48 CO 2002 100141438.1365.40100 $ 108.17 CO 2001 $292,138.00 Requisition 96484 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Pictures of Carved Wooden Doors Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-RFSCP 4409 ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE REPLACEMENT OF WINDOWS AT THE CITY OF DENTON MUNICIPAL BUILDING; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFSCP 4409-WINDOW REPLACEMENT FOR CITY HALL AWARDED TO JONES AND JEFFERY CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $292,138). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, 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: RFSCP NUMBER CONTRACTOR AMOUNT 4409 Jones and Jeffery Construction Company, Inc. $292,138 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 4-ORD-RFSCP 4409 AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Emerson Vorel 349-7460 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the demolition of an existing slide and installation of a new slide at the City of Denton Water Works Park; providing for the expenditure of funds therefor; and providing an effective date (Bid 4440-awarded to the lowest responsible bidder meeting specification, Sunbelt Pools, Inc. in the amount of $355,226). BID INFORMATION This bid is for the demolition of an existing slide at the City of Denton Water Works Park and installation of a new slide at the same location. Items in this bid include earthwork and grading of the site, foundation preparation, steps, walkways, retaining walls, piping and a complete fiberglass swimming pool slide. The attached memo to Council dated June 17, 2009 gave a preliminary estimate for the purchase of a slide at $195,980. As noted in Section IV of the estimate, this cost did not include all construction costs. The project cost estimate from the engineering consultant, Brannon Corporation, was $300,000. Staff requested $250,000 from the Gas Well revenue to fund this project in addition to an expected insurance settlement of $25,000- requested from the slide manufacturers and five proposals were submitted. Staff selected the lowest cost submittal from WhiteWater, the original manufacturer of the slide tower. The WhiteWater slide cost was $197,755 with an upgrade of $14,746 to make this slide translucent. The project was then competitively bid with a $240,000 allowance for the purchase of the slide. Three bids were received and staff is recommending the lowest bid (including the $240,000 slide allowance) from Sun Belt Pools for $355,226. There is a $27,499 difference between the $240,000 slide allowance and the actual cost of the slide that will reduce the final cost of the project to $327,727. RECOMMENDATION Award to Sunbelt Pools, Inc. in the amount of $355,226. PRINCIPAL PLACE OF BUSINESS Sunbelt Pools, Inc. Dallas, TX Agenda Information Sheet December 15, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT The installation of the new slide is estimated to be completed by late April 2010. This will allow time for inspections to be performed so that the slide can be operational for the May 15, 2010 opening day of the Water Works Park. FISCAL INFORMATION This project will be funded from Parks Gas Well account 400105444.1360.40100 for $329,200, 860002.6551 for $25,000, and 207002.6518 for $1,026.00. Requisitions #96738 and 96739 have been entered in the Purchasing software system. The Parks Gas Well funds include $250,000 allocated for this project and $100,000 allocated for Contingency Funds for Fiscal Year 2009- 2010. EXHIBITS Exhibit 1 Bid Tabulation Exhibit 2 June 17, 2009 Memo to Council Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4440 EXHIBIT 1 BID # 4440 DATE: DECEMBER 3, 2009 DEMOLITION & INSTALLATION OF WATER WORKS SLIDE REPLACEMENT ITEMQTYDESCRIPTIONVENDORVENDORVENDOR Robertson Robax Development Sunbelt Commercial LLC dba Texas Pools, Inc. Pools, Inc.Waterworks Dallas, TXCoppell, TXCarrollton, TX Principle Place of Business: 11$13,666$41,600$21,600 Demolition of Existing Slide Furnish, deliver and install 2$240,000$240,000$240,000 the specified slide Allowance configuration. 31$101,560$81,100$136,800 Installation of New Slide $355,226$362,700$398,400 TOTAL BID: Alternate 1-Installation of $9,950$4,555$9,000 Collection Box Drain Line TOTAL BID WITH $365,176$367,255$407,400 ALTERNATE Shipment112 days45 days70 days Bid Bondyesyesyes Bidder is an authorized distributor, by the yesn/ayes manufacturer, and is authorized to sell to the City of Denton? Yes No N/A ÛÈØ×Þ×Ì î ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE DEMOLITION OF AN EXISTING SLIDE AND INSTALLATION OF A NEW SLIDE AT THE CITY OF DENTON WATER WORKS PARK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4440-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, SUNBELT POOLS, INC. IN THE AMOUNT OF $355,226). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, 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 CONTRACTOR AMOUNT 4440 Sunbelt Pools, Inc. $355,226 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4440 ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 & Vance Kemler 349-8044 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a public works contract for the construction of an Alternative Fuel and Truck Wash Facility at the City of Denton Landfill; providing for the expenditure of funds therefor; and providing an effective date (Bid 4336-awarded to the lowest responsible bidder meeting specification, Thaten Construction Inc. in the amount of $2,047,685). The Public Utilities Board recommends approval (4-0). BID INFORMATION For some time the City has been planning to enhance its options for the use of alternative fuels in the City fleet. The 2008-09 fiscal year budget actually included funding to construct a new fuel Landfill. Following the passage of the American Recovery and Reinvestment Act (ARRA), funding, which is being administered through the North Central Texas Council of Governments (NCTCOG), became available from the Department of Energy to fund initiatives that will promote the use of alternative fuels. The proposed fuel facility, which is planned as a joint use vehicle wash facility, was in the RRA funding became available. The Fleet Services Department submitted a grant request to partially fund the construction of the new fuel facility and to purchase three heavy duty hybrid vehicles. Recently, quest was accepted and we will receive $725,514.33 to fund the new fuel facility and the three hybrid vehicles. In anticipation of receiving the grant, request for proposals to construct the fuel and wash facility were sought and Thaten Construction Inc. was determined to be the lowest responsible bidder. The total estimated cost of this project including design, site work, construction management, and impact fees is $2,390,603 (fuel facility = $1,260,667 and truck wash = $1,129,936). Since the design and other items such as site work will be managed separately ($342,918), the Thaten Construction Inc. portion of the project is $2,047,685. As this is a joint use facility, infrastructure is being shared between the two functions and the overall cost of the project is anticipated to be less versus the same facilities being built as two stand alone buildings. Agenda Information Sheet December 15, 2009 Page 2 BID INFORMATION (CONTINUED) The fuel facility will allow for underground storage of Biodiesel (B-20) and Ethanol (E-85). It will include six pumps, one overhead fueling rack, two 20,000 gallon Biodiesel tanks, and two 12,000 gallon Ethanol tanks. The fuel tanks can be converted to standard fuel type should the need ever arise, and the site will have emergency backup power to allow the City to better support emergency situations. In the past, the City has had limited capacity for storage of Biodiesel fuel; it was being stored in an above ground tank, which was resulting in condensation and moisture build up inside the tank during the summer months, and it was located inside the Landfill permitted area. The new site which is located outside the Landfill permit area at the north east corner of Spencer and Mayhill, will have underground fuel tanks, eliminating the moisture problems, and provide a convenient location for Solid Waste and other utility service vehicles that will benefit most from the new fueling location. The facility is also being constructed to accommodate expansion and the use of other alternative fuels in the future, such as liquid propane. Co-located on the fueling station site will be an additional building that will house the fuel management system and its fiber optic communication equipment, the mechanical and electrical equipment, and two automated vehicle wash bays. An automated heavy duty truck wash system will be installed in the west bay. The Solid Waste Department has scheduled the upgrade of its existing manual wash equipment in the 2009 2014 Capital Improvement Plan (CIP). This wash system will reduce the amount of time currently required to manually wash refuse trucks, will reduce the amount of water currently being used to manually wash a truck, and will allow the utilization of re-use water rather than potable water; therefore reducing water supply cost from $3.05/1000 gallons to $1.35/1000 gallons. The current cost to manually wash refuse trucks ranges from $32 to $38 and the new wash system will be bring the cost below $30 per wash (see Exhibit 4). The waste water from this operation will be used in the recently permitted Enhanced Leachate Recirculation process at the Landfill rather than being discharged into the sanitary sewer for treatment at the Wastewater Treatment Plant. Originally the project included three major components: fueling station, car wash, and heavy truck wash. Upon receipt of the bids, staff determined the costs for each of the facility components and prepared financial proformas for each operation. The car wash proforma (Exhibit 5) indicated that it was not financially viable at this time and staff is recommending that the car wash equipment not be purchased at this time, but be reconsidered in the future when it becomes capable of supporting itself. Agenda Information Sheet December 15, 2009 Page 3 BID INFORMATION (CONTINUED) Funding for the $660,667 which will be used to construct the fuel facility will come from available resources (including the use of Fleet Services Fund Balance) that have been programmed in the 2009-10 Fleet Service budget. The balance of the funding will come from the Department of Energy grant of $600,000. The funding of the fuel facility will not require the issuance of any debt, and the maintenance and operations of the facility will be supported without increasing the current fuel surcharge of $.26 per gallon of fuel sold. A five-year proforma of the fuel site operations is attached as Exhibit 3. The Solid Waste Department will fund the truck wash facility using Certificate of Obligations as programmed in the 2009 2014 CIP. Approval of the contract award to Thaten Construction Inc. in the amount of $2,047,685 is scheduled for City Council consideration on December 15. During their December 1, 2009 Work Session, the City Council discussed several issues concerning this project. Below is a brief summary of some of those topics discussed and additional information is also provided here: A recent change in the TCEQ rules required an update to the Municipal Solid Waste (MSW) facility permit which now requires roads exiting the Landfill to be free of mud. This requirement applies to the public streets, Spencer Road and Mayhill Road, adjacent to the facility and the on-site paved roads from the north perimeter customer entry point of the Landfill area, about one-half mile (5930 Ft.) from facility entrance at the intersection of Mayhill Road at Spencer Road. The staff has been temporarily meeting this requirement by washing the roads manually using a water truck and laborers until a more effective process could be built. The most effective location for removing mud from wheels, undercarriage and chassis is to place the wash unit as close to the source of the problem as feasible. The best location was determined to be adjacent to the point where three on-site roads merged into a single paved road that was the entry/exit point for customers using the Landfill (near the initial point of compliance for the new permit requirement), so that all vehicles leaving the Landfill area would have to drive through the wash unit on inclement weather days. Rather than using drinking quality water, this system included the utilization of recycled, treated wastewater treatment effluent water and a water recycling system that reduces its carbon footprint and the cost of this operation. The City Council approved this infrastructure improvement and wheel/chassis/undercarriage wash project at their meeting of November 18, 2009. Several possible locations were considered for the new truck wash, including locating it next to the wheel/chassis/undercarriage wash. Since this automated heavy truck wash will be available for use by any City department, and possibly a few other local entities, the location needs to be convenient to all users. Agenda Information Sheet December 15, 2009 Page 4 BID INFORMATION (CONTINUED) The most accessible location is at the site of the new fueling station, adjacent to the two major public streets providing access from the north, west and south. If the truck wash is located next to the wheel/chassis/undercarriage wash it would be behind the Landfill perimeter fencing which would limit the access to only 7AM to 4PM weekdays and 7AM to Noon on Saturdays. Co-locating it with the fueling station makes it convenient for City vehicles to wash their trucks before or after fueling. Currently the Solid Waste Department vehicles are manually washed. The automated wash equipment will use less water and associated utilities which will provide an estimated annual savings of $11,000. The wash cycle on the automated truck wash is six minutes, substantially less than the time required to manually wash a truck. This is estimated to provide an annual labor savings equivalent of approximately $60,000. These savings do not include the value of their carbon footprint reductions. The rate to wash a truck was established to provide adequate funds to replace the equipment. The proforma shows the projected equipment replacement fund balances for both five and ten years into the future. The use of E85 gasoline and biodiesel will reduce several air pollutants currently being emitted from the conventional gasoline and diesel fuels. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) The City Council received a presentation and had a discussion on this project during their Work Session on December 1, 2009. The Public Utilities Board approved this item at its October 12, 2009 meeting. The City Council approved a reimbursement ordinance to fund the truck wash on July 21, 2009 in anticipation of Certificate of Obligation bonds to be sold in the spring of 2010. RECOMMENDATION Staff recommends approval of the project as described above and the award of a construction contract in the amount of $2,047,685 to Thaten Construction, Inc. PRINCIPAL PLACE OF BUSINESS Thaten Construction, Inc. Sanger, TX Agenda Information Sheet December 15, 2009 Page 5 ESTIMATED SCHEDULE OF PROJECT This project is scheduled to be substantially complete the third week of April 2010. FISCAL INFORMATION This project will be funded as follows: Truck Wash: Account #660521592.1375.40100 $705,317 Account #660527592.1375.40100 $164,580 Fuel Island: Account #820005725.1365.40100 $600,482 Account #660521592.1375.40100 $600,000 (ARRA Grant) EXHIBITS Exhibit 1: Public Utilities Board Agenda Information Sheet w/out Exhibits (Included cost of car wash and three year maintenance service costs) Exhibit 2: Bid Summary Exhibit 3: Fuel Station Proforma Exhibit 4: Truck Wash Proforma Exhibit 5: Car Wash Proforma Exhibit 6: Area map Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4336 Exhibit 1 PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE : October 12, 2009 DEPARTMENT : Utilities Administration ACM: Howard Martin, 349-8232 SUBJECT: Consider approval of Bid # 4336 for the construction of a fueling facility with car and truck wash to be located at the northeast corner of the intersection of South Mayhill Road and Spencer Road in the amount of $2,265,062.00, by Thaten Construction of Sanger, Texas. BACKGROUND: Solid Waste Services and Fleet Services have jointly developed a fueling and vehicle wash facility that will provide service to all city owned vehicles and other local government entities such as DCTA. The facility will be located at the northeast corner of the intersection of South Mayhill Road and Spencer Road The fueling portion of the facility will provide for the storage and dispensing of regular unleaded gasoline, #2 ultra-low sulphur diesel, and two alternative fuels (biodiesel and E85 ethanol/gasoline mix). The facility will also have an overhead bulky fuel load-out station for -lube trucks used to service off-road equipment used by Solid Waste Services, Streets, Wastewater and other departments. Co-located with the fueling station will be a light duty truck and automobile automated wash bay and a heavy duty truck automated wash bay. This will provide touch-less automated vehicle -road vehicular fleet. The waste water from this operation will be used in the recently permitted Enhanced Leachate Recirculation landfill rather than being discharge into the sanitary sewer for treatment at the wastewater treatment plant. Fleet Services will be operating and maintaining the facility. Fleet Services will be funding the capital cost of the fueling station and the light duty truck and automobile wash with a portion of the fund coming from a grant provided by the North Central Texas Council of Governments. The heavy duty truck wash will be funded by the Solid Waste Fund. management system. RECOMMENDATION: Staff recommends the PUB approve the construction of this joint project in the amount of $2,265,062.00. DATE SCHEDULED FOR COUNCIL APPROVAL: October 20, 2009 FISCAL INFORMATION: The funding sources for the $2,265,062.00 of this project are: Total: $2,265,062.00 Solid Waste Subtotal: $1,064,580.00 Account 660521592.40100 - $900,000.00 Account 660527592.40100 - $164,580.00 Fleet Service Subtotal: $1,200,482.00 Respectfully submitted: A.Vance Kemler General Manager, Solid Waste Services Exhibits: Exhibit I Bid Sheet Ó¿§¸·´´ ORDINANCE NO. _________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF AN ALTERNATIVE FUEL AND TRUCK WASH FACILITY AT THE CITY OF DENTON LANDFILL; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 4336-AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION, THATEN CONSTRUCTION INC. IN THE AMOUNT OF $2,047,685). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following competitive bids for the construction of public works or improvements, 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 CONTRACTOR AMOUNT 4336 Thaten Construction, Inc. $2,047,685 SECTION 2. The acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 3. The City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 4. Upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 8-ORD-4336 AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Rodney Patterson 349-8539 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of ProjectDox Plan Review Software for the City of Denton Building Inspections Division from Avolve Software, which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 4446-Purchase of ProjectDox Plan Review Software for Building Inspections in the amount of $282,600). FILE INFORMATION The Building Inspections Division has been exploring the possibilities of implementing a digital plan review process for the past several years. These efforts have recently been intensified as the -The City Council approved $350,000 for the purchase of digital plan review software as part of the 2009-10 Fiscal Year budget. The most essential component of any plan review software to be considered for purchase is the ability to share information with our current permitting software. The City of Denton currently uses the CRW TrakIT software package as our permitting and tracking solution for development related activities including development review and tracking, building permitting and inspections, health permitting and inspections, fire prevention permitting and inspections, as well as various other activities related to the Planning, Building Inspections, Consumer Health, and Fire Prevention Divisions of the Planning and Development Department. After researching the various forms of software available and speaking with CRW, the company which currently provides our permitting software, staff has found that ProjectDox is the only software currently available which has developed a proven two-way integration with our current permitting software. Staff has determined that this two-way integration is the essential element of any plan review software to be considered for purchase in order to avoid delays with implementation and additional costs for integration. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. Agenda Information Sheet December 15, 2009 Page 2 FILE INFORMATION (CONTINUED) There are several unique features of the ProjectDox software which have helped to alleviate some of the past concerns with digital plan review. A transition to digital plan review using ProjectDox software will provide reviewers with the tools they need to more effectively and efficiently track plans through the process. These tools include: 1) automated notification to both project managers and applicants when plan reviews are complete; 2) routing tools which allow permit techs to route plans with the push of a button; 3) layering tools in which layers are created for each reviewer so that pl viewed individually by applicants; and 4) overlay tools which allow reviewers to verify the changes made between versions by overlaying each plan sheet onto previous versions and highlighting changes between versions. These tools, along with the integration with our permitting software, will save both time and money as we move our plan review and permitting processes into the digital age. RECOMMENDATION Award to Avolve Software in the amount of $282,600. PRINCIPAL PLACE OF BUSINESS Avolve Software Scottsdale, Arizona ESTIMATED SCHEDULE OF PROJECT A purchase order will be issued upon Council approval with the project implementation to begin February 1, 2010. The date is anticipated to be July 1, 2010. FISCAL INFORMATION This project will be funded from account 300021449.1365.40100. Requisition 96728 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Avolve Contract and Quote Exhibit 2: ProjectDox Sole Source Letter Exhibit 3: Avolve Sole Source Letter Agenda Information Sheet December 15, 2009 Page 3 Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-File 4446 Û¨¸·¾·¬ ï Û¨¸·¾·¬ î íÙÈÍÚ×Ê ïÊ ñ×ÆÓÎ õÇÎÎ è×ÙÔÎÍÐÍÕà øÓÊ×ÙÈÍÊ ùÓÈà ÍÖ ø×ÎÈÍÎ î ÷ÐÏ éÈ ø×ÎÈÍÎ èä ø×ÛÊ ïÊ õÇÎÎ èÔÓÉ Ð×ÈÈ×Ê ÓÉ ÈÍ ÓÎÖÍÊÏ ÈÔ× ùÓÈà ÍÖ ø×ÎÈÍÎ ÍÖ ÈÔ× ÌÛÊÈÎ×ÊÉÔÓÌ Ú×ÈÅ××Î ùêå éÃÉÈ×ÏÉ ÛÎØ ûÆÍÐÆ× éÍÖÈÅÛÊ× ùêå½É èÊÛÑÓè ÉÍÐÇÈÓÍÎ ÛÎØ ûÆÍÐÆ× éÍÖÈÅÛÊ×½É ìÊÍÒ×ÙÈøÍÄ ÉÃÉÈ×Ï ÔÛÉ Û ÈÅÍ ÅÛà ÓÎÈ×ÕÊÛÈÓÍÎ ìÊÍÒ×ÙÈøÍÄ ÓÉ ÈÔ× ÍÎÐà ÈÔÓÊØÌÛÊÈà ×Ð×ÙÈÊÍÎÓÙ ÌÐÛÎ Ê×ÆÓ×Å ÉÃÉÈ×Ï ÈÔÛÈ ÙÇÊÊ×ÎÈÐà ÔÛÉ ÛÎ ÓÎÈ×ÕÊÛÈÓÍÎ ÈÍ ÈÔ× ùêå èÊÛÑóÈ ÉÍÐÇÈÓÍÎ èÔ× ìÐÛÎ ê×ÆÓ×Å ÉÃÉÈ×Ï ÖÊÍÏ ûÆÍÐÆ× éÍÖÈÅÛÊ× ÓÉ ÛÎ ×ÄÙ×ÐÐ×ÎÈ ÙÍÏÌÐ×Ï×ÎÈ ÈÍ ÈÔ× èÊÛÑóÈ ÉÃÉÈ×Ï ÖÍÊ Ì×ÊÏÓÈÈÓÎÕ ÛÌÌÊÍÆÛÐ ÌÊÍÙ×ÉÉ èÔ× ùÓÈà ÍÖ ø×ÎÈÍÎ ÓÉ Û ÆÛÐÇ×Ø ùêå ÙÐÓ×ÎÈ ÛÎØ Å× ÐÍÍÑ ÖÍÊÅÛÊØ ÈÍ ÙÍÎÈÓÎÇÓÎÕ ÍÇÊ ÐÍÎÕ Ê×ÐÛÈÓÍÎÉÔÓÌ ìÐ×ÛÉ× ØÍÎÈ Ô×ÉÓÈÛÈ× ÈÍ ÙÍÎÈÛÙÈ Ï× ÛÈ ÓÖ ÃÍÇ ÔÛÆ× ÛÎà ËÇ×ÉÈÓÍÎÉ éÓÎÙ×Ê×Ðà ùÔÊÓÉÈÍÌÔ×Ê ê åÇ×Ê ìÊ×ÉÓØ×ÎÈ Û¨¸·¾·¬ í íÙÈÍÚ×Ê ñ×ÆÓÎ õÇÎÎ ùÓÈà ÍÖ ø×ÎÈÍÎ ÷ ïÙñÓÎÎ×à éÈÊ××È ø×ÎÈÍÎ èä ø×ÛÊ ïÊ õÇÎÎ èÔÓÉ Ð×ÈÈ×Ê ÓÉ ÈÍ Æ×ÊÓÖà ÈÔ× ÖÍÐÐÍÅÓÎÕ ÖÛÙÈÉ Ê×ÕÛÊØÓÎÕ ûÆÍÐÆ× éÍÖÈÅÛÊ×ªÉ ìÊÍÒ×ÙÈøÍÄ ÉÃÉÈ×Ï ÅÔÓÙÔ ÌÊÍÆÓØ×É ÛÎ ÷Ð×ÙÈÊÍÎÓÙ ìÐÛÎ éÇÚÏÓÈÈÛÐ ÛÎØ ê×ÆÓ×Å ÉÍÐÇÈÓÍÎ ìÊÍÒ×ÙÈøÍÄ ÓÉ ÙÇÊÊ×ÎÈÐà ÈÔ× ÍÎÐà É×ÐÖÔÍÉÈ×Ø ÉÍÐÇÈÓÍÎ ÖÍÊ ×Ð×ÙÈÊÍÎÓÙ ÌÐÛÎ ÉÇÚÏÓÉÉÓÍÎ ÛÎØ Ê×ÆÓ×Å ÖÍÊ ÕÍÆ×ÊÎÏ×ÎÈÛÐ ×ÎÈÓÈÓ×É óÈ ÓÉ Ø×ÉÓÕÎ×Ø ÈÍ ÔÛÎØÐ× Ì×ÊÏÓÈ ÌÊÍÒ×ÙÈ ØÊÛÅÓÎÕÉ ÛÎØ ÉÇÌÌÍÊÈÓÎÕ ØÍÙÇÏ×ÎÈÛÈÓÍÎ ÖÊÍÏ Ê×ÆÓ×Å ÏÛÊÑÇÌ ÛÎØ ÛÌÌÊÍÆÛÐ ÛÎØ ÈÔÊÇ ÈÔ× ÖÓÎÛÐ ÓÎÉÌ×ÙÈÓÍÎ ìÊÍÒ×ÙÈøÍÄ ÛÐÉÍ ÏÛÎÛÕ×É ÈÔ× ÅÍÊÑ ÌÊÍÙ×ÉÉ×É ÛÎØ ØÍÙÇÏ×ÎÈÛÈÓÍÎ ÛÉÉÍÙÓÛÈ×Ø ÅÓÈÔ ÈÔ× ÌÐÛÎ Ê×ÆÓ×Å ÌÊÍÙ×ÉÉ ìÊÍÒ×ÙÈøÍÄ ÓÉ ÈÔ× ÍÎÐà ÈÍÍÐ ÈÔÛÈ ØÍ×É ÎÍÈ Ê×ËÇÓÊ× ÉÍÖÈÅÛÊ× ÈÍ Ú× ÌÇÊÙÔÛÉ×Ø ÍÊ ÓÎÉÈÛÐÐ×Ø ÍÎ ÈÔ× ûÌÌÐÓÙÛÎÈÉ ÍÊ ùÍÎÉÇÐÈÛÎÈÉ ÏÛÙÔÓÎ×É ûÆÍÐÆ× éÍÖÈÅÛÊ× ÓÉ ÈÔ× ÉÍÐ× ÏÛÑ×Ê ÍÖ ìÊÍÒ×ÙÈØÍÄ å× ÛÊ× ÛÐÉÍ ÈÔ× ÍÎÐà ÙÍÏÌÛÎà ÈÔÛÈ ÔÛÉ ÚÇÓÐÈ ÛÎ ×ÌÐÛÎ Ê×ÆÓ×Å ÛÌÌÐÓÙÛÈÓÍÎ ÈÔÛÈ ÉÇÌÌÍÊÈÉ ÈÔ× ÓÎÈ×ÕÊÛÈÓÍÎ ÅÓÈÔ ùêåªÉ èÊÛÙÑóÈ ûÆÍÐÆ× ÔÛÉ Ú××Î Ø×Æ×ÐÍÌÓÎÕ ìÊÍÒ×ÙÈøÍÄ ÖÍÊ É×Æ×ÊÛÐ Ã×ÛÊÉ ÛÎØ Å× ÐÍÍÑ ÖÍÊÅÛÊØ ÈÍ ÅÍÊÑÓÎÕ ÅÓÈÔ ÃÍÇ ìÐ×ÛÉ× ÙÍÎÈÛÙÈ ÇÉ ÓÖ ÃÍÇ Î××Ø ÛÎÃÈÔÓÎÕ ÖÇÊÈÔ×Ê ÍÊ ÔÛÆ× ÛÎà ÍÈÔ×Ê ËÇ×ÉÈÓÍÎÉ ú×ÉÈ ê×ÕÛÊØÉ êÍÎÛÐØ ðÍÚÛÙÑ ìÊ×ÉÓØ×ÎÈ ù÷í ûÆÍÐÆ× éÍÖÈÅÛÊ× ÷ ùÛÙÈÇÉ êØ éÇÓÈ× éÙÍÈÈÉØÛÐ× ûâ ÷ÛÉÈ ùÛÙÈÇÉ êÍÛØ éÇÓÈ× éÙÍÈÈÉØÛÐ× ûâ AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Tonya Demerson at 349-8129 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the lease of fifty four (54) departmental monochrome/digital copiers as approved by the U.S. Communities Government Purchasing Alliance (US Communities Contract # 58795) division; providing for the expenditure of funds therefor; and providing an effective date (Bid 4386- Conventional Copier/Multi-Functional Device Program awarded to Ricoh Business Solutions, Inc. in the annual estimated amount of $88,456 for an estimated three year total of $265,368). BID INFORMATION The City currently rents approximately forty-eight (48) digital copiers and/or multi-function devices from Technifax Office Solutions, three (3) from Oce, and three (3) from Imagistics. This contract has been in place since October 2005. An internal committee conducted an internal survey of existing equipment and evaluated proposals for a Best Value Bid. The committee consisted of a representative from Reprographics, Utilities, Purchasing, Parks, Library, and General Government. This committee evaluated proposals from up to twelve (12) companies (Exhibit 1). The committee attended site visits to demo equipment from the top three (3) vendors based on pricing alone. Those vendors included Canon, Minolta, and Ricoh. After further review of the proposal submitted by Canon, it was discovered that the proposal did -for-t; After reviewing the proposals from Minolta and Ricoh and evaluating the proposed equipment, the committee recommends Ricoh as the multifunction/copier vendor. Although Minolta is the lowest respondent based on pricing alone, the committee found Ricoh to offer the best value (see Exhibit 2). Prior to the City consolidating the copier fleet in 2005, the City rented and/or leased various copiers from Minolta and experienced poor delivery of service, difficulty in upgrading/downgrading equipment, and billing and invoicing issues (including billing of property taxes). Therefore, the committee recommends Ricoh as the City copier vendor. Agenda Information Sheet December 15, 2009 Page 2 BID INFORMATION (CONTINUED) Replacing the current fleet with the proposed equipment will result in an annual savings of approximately $37,584/36-mo. savings approximately $112,752. Current annual $126,040 costs: Proposed: $ 88,456 Annual savings: $ 37,584 Pricing includes lease of equipment, additional accessories as needed, maintenance, service and supplies (including staples) and estimated overages for all units proposed. Benefits include: Cost savings Access to new digital equipment and technology Terms & conditions already agreed upon through U.S. Communities Government Purchasing Alliance Toner cartridge return program RECOMMENDATION Approve a contract with Ricoh Business Solutions, Inc. in the annual amount of $88,456 for a 36-month lease total of $265,368. This amount includes estimates for billable copies and overages. PRINCIPAL PLACE OF BUSINESS Ricoh Business Solutions, Inc. Coppell, Texas ESTIMATED SCHEDULE OF PROJECT This is a three year lease agreement with the option to renew for two additional one-year periods by mutual agreement of both parties. FISCAL INFORMATION Funding for the contract is budgeted in Reprographics copier account 830100.6306. Agenda Information Sheet December 15, 2009 Page 3 EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Committee Ranking Exhibit 3: Lease Agreement Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4386 ZÆÃà 3 BID #4386 DATE: 9/10/09 Best Value Bid for Conventional Copier/ Multi-Functional Device Program NO.DESCRIPTIONVENDORVENDORVENDORVENDOR Canon Business Ricoh Konica MinoltaToshiba Solutions North Richland Hills, Principle Place of Business: Dallas, TXCoppell, TXRichland Hills, TX TX 1*Monthly$5,491.34 $6,547.00 $7,110.91 $7,371.85 2Annually$65,896.08 $78,564.00 $85,330.92 $88,462.20 3Lease term$197,688.24 $235,692.00 $255,992.76 $265,386.60 $.0066- 4Overage Charge (CPC)$0.0076 $0.0070$.0063- $.0098 $.01 5Staples includedYES YESYESYES 6ReferencesYES YESYESYES 7ADDENDUM 1YES YESYESYES NO.DESCRIPTIONVENDORVENDORVENDORVENDOR Ricoh AmericasOce'XeroxThe Stewart Organization Principle Place of Business: Plano, TXHurst, TXDallas, TXIrving, TX 1*Monthly $7,729.30 $7,844.33 $8,953.13 $9,022.03 2Annually $92,751.60 $94,132.00 $107,437.56 $108,264.36 3Lease term $278,254.80 $282,396.00 $322,312.68 $324,793.08 $.005- $.0039-$.0055- 4Overage Charge (CPC)$.0037-$.0063 $.06$.0131$.0066 5Staples includedYESPartialPartialPartial 6ReferencesYESYESYESYES 7ADDENDUM 1YESYESYESYES NO.DESCRIPTIONVENDORVENDORVENDORVENDOR IKONDatamaxTechnifaxB Imaging Systems Principle Place of Business: Sherman, TXDallas, TXCarrollton, TXDallas, TX 1*Monthly $9,318.00 $8,503.07 $8,924.37 $11,229.00 2Annually $111,816.00 $102,036.84 $107,092.44 $134,748.00 3Lease term $335,448.00 $306,110.52 $321,277.32 $404,244.00 4Overage Charge (CPC)$0.0060 $0.01021 $0.00500$0.0069 5Staples includedYESYESPartialPartial 6ReferencesYESYESYESYES 7ADDENDUM 1YESNONONO ðÎÏÉÕÑÄ ÚÎÊÉ ÔÏÚÑÈÙØÊ ÔÏÉØËÏÜÑ ØÊÉÔÐÜÉØÊ ×ÎË ÎÇØËÜÖØÊ Û¨¸·¾·¬ í ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF FIFTY FOUR (54) DEPARTMENTAL MONOCHROME/DIGITAL COPIERS AS APPROVED BY THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (US COMMUNITIES CONTRACT # 58795) DIVISION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4386- CONVENTIONAL COPIER/MULTI-FUNCTIONAL DEVICE PROGRAM AWARDED TO RICOH BUSINESS SOLUTIONS, INC. IN THE ANNUAL ESTIMATED AMOUNT OF $88,456 FOR AN ESTIMATED THREE YEAR TOTAL OF $265,368). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4386 Ricoh Business Solutions, Inc. $265,368 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 5-ORD-Bid 4386 ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Mike Ellis 349-8424 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of products and services for the on-site vehicle parts facility; providing for the expenditure of funds therefor; and providing an effective date (Bid 4379-Vehicle Equipment and Parts awarded to Genuine Parts Company in the estimated amount of $1,750,000 per year for the four year contract. The total award is estimated to be $7,000,000). FILE INFORMATION On September 1 2009, Bid 4379 was opened for an onsite vehicle parts facility, with only one bid being received from Genuine Parts Company dba NAPA Integrated Business Solutions. Bid requests were sent to four qualified service providers and only Genuine Parts Company responded to our request. Genuine Parts Company has been the provider of parts for the City of Denton since September 2005 by way of an Interlocal Agreement with the Dallas Independent School District approved by Council and has established a working relationship with the Fleet Services Department. This contract for automotive/vehicle parts facility operation is included within the operating budget process. After a contract period of four years, a contract extension of two years may be exercised with the City of Denton. Currently, NAPA occupies approximately 4,300 square feet of the Fleet Service Facility, carries a parts inventory of over 4,800 items valued at approximately $527,000, and maintains a staff of three parts room attendants including a supervisor. RECOMMENDATION Award the four year contract to Genuine Parts Company in the estimated amount of $1,750,000 per year. PRINCIPAL PLACE OF BUSINESS Genuine Parts Company dba NAPA Integrated Business Solutions Mesquite, TX Agenda Information Sheet December 15, 2009 Page 2 ESTIMATED SCHEDULE OF PROJECT Pending Council approval and receipt of executed contracts, bonds and insurance certificate, the contract is expected to begin January 1, 2010. FISCAL INFORMATION Funding for this item will be provided from Parts Inventory account #820100.7899, Fleet Services. EXHIBITS Exhibit 1: Bid Tabulation Exhibit 2: Contract Document Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 4336 BID # 4379 Exhibit 1 DATE: SEPTEMBER 1, 2009 BEST VALUE BID FOR VEHICLE & EQUIPMENT PARTS SUPPORT SERVICES ITEMDESCRIPTIONVENDOR GENUINE PARTS COMPANY PRINCIPAL PLACE OF DALLAS, TX Four Year Total Target 1Service Cost Not Including $957,454.00 Parts Four Year Parts Cost 2$6,042,546 Estimate 3Estimated$7,000,000 Total Cost PARTS COST PROPOSAL Contractor Mark-Up Parts below $500 each 40% _______% Parts between $500 and 50% $1000 each _______% Parts over $1000 each 60% _______% Actual part cost to be based on the lowest available landed cost. Lowest available landed cost is defined as the contractor's actual cost including manufacturer's rebates and promotional or volume discounts. Back-up information in determining the lowest available landed cost is to be provided to the City upon request. Monthly Net Profit 710% Expectation _______% Freight charges incurred will be billed at cost with no mark- up and are not to be considered or calculated into the net profit margin. Addendum #1YES CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BID NO. 4379 THIS CONTRACT is made and entered into this 1st day of January A.D., 2010, by and between Genuine Parts Company dba NAPA Integrated Business Solutions, a corporation, whose address is 3033 Military Parkway Mesquite,TX 75149, hereinafter referred to as "Contractor," and CITY OF DENTON, TEXAS the, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for an on-site vehicle parts facility.These products and services shall be provided in accordance with the Specifications for Bid 4379-Vehicle and Equipment Parts , a Exhibit "A" (or on file in the office of the copy of which is attached hereto and incorporated herein as Purchasing Agent) , and the Contractor's Bid in response thereto, a copy of which is attached hereto and Exhibit "B" incorporated herein for all purposes as. The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (on file in the (a)Specifications for Bid 4379-Vehicle and Equipment Parts ; office of the Purchasing Agent). (Exhibit "B") (b); (Exhibit "C") (c)Insurance Requirements. ; (Exhibit "D") (d)Form CIQ Conflict of Interest Questionnaire . (e) These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. The agreed upon exceptions listed in Exhibit E shall override the language of the contract and Exhibits A-D. ÐßÙÛ ï ÑÚ Þ×Ü ýìíéç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç ïîñèñîððç Exhibit E Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com Þ·¼ ìíéç Ê»¸·½´» Û¯«·°³»²¬ ¿²¼ ﮬ Í«°°´»³»²¬¿´ ݱ²¼·¬·±² ¬± ݱ²¬®¿½¬±® Ю±°±¿´ ïîñèñîððç Exhibit E City of Denton, Texas Bid # 4379, Best Value Bid for Vehicle and Equipment Parts Support Services List of Exceptions Page 3, Please make the termination language mutual upon 60 days prior written notice. City of Denton Response: OK written notice. Page 12, Warranty supplied pursuant to this Contract are subject to the terms of written warranties provided by the manufacturer of each part, and NAPA shall use reasonable commercial efforts to assist the City in processing all w warranty will be the sole and exclusive remedy of the City in connection with any claims concerning the parts supplied to the City pursuant to this Contract. ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY City of Denton Response: OK Page 12, Purchase of Current Inventory Please change the third and fourth paragraphs of this section to read as follows: After the termination, expiration, or conclusion of the contract, NAPA shall have the option to require the City to purchase all non-NAPA branded inventory only in the event that such inventory was purchased at the direction of the City, and the City shall have the option to purchase all NAPA curren In regards to the last paragraph of this section, please note the following: As NAPA is not the manufacturer of the parts to be provided under this contract, NAPA cannot guarantee that parts purchased for this contract will meet or exceed a recently updated quality specification for OEM parts. To the extent the parts after-market has an updated product, NAPA agrees to provide it to the City. City of Denton Response: OK, with additional language underlined above. Page 13, Counter and Emergency Support Services ïîñèñîððç Exhibit E The City agrees to pay NAPA overtime rates for any overtime work performed under this Contract, if requested by the City. City of Denton Response: OK, with additional language underlined above. Page 15, Records The City agrees to provide five business days prior written notice for any audits of NAPA records. Additionally, the City agrees that it must be accompanied by NAPA personnel during such audits. City of Denton Response: OK Page 16, Ad Hoc Reporting Please note that NAPA agrees to provide any additional reports requested by the City so long as City of Denton Response: OK Page 16, Related Services NAPA agrees to arrange for third parties to handle the disposal and/or recycling of the items listed in this section, but will not be directly involved in the actual disposal of such items. It is agreed that tor shall assist in coordinating the disposal activities and assuring that the City is provided all required documentation. NAPA shall use reasonable commercial efforts to assist the City in processing any claim that may arise related to the disposal of the items. City of Denton Response: OK Page 16, Monthly Parts Availability Time Standards Please note: NAPA agrees to make reasonable commercial efforts to meet required delivery times, but conditions out of NAPA deliveries that are required from off- in a manner consistent with safe and responsible driving practices. City of Denton Response: OK ïîñèñîððç Exhibit E Page 16, Contractor Standards of Performance Replace with the following: On Demand Reporting Methodology The Contractor shall use The TAMS computer system as its primary operating system. The Contractor understands that for the purpose o The Contractor shall develop anagement software. This will provide the City with the ability to report on all aspects of their Fleet operations. Contractor reporting. The Contractor shall work with Fleet Management to establish effective business prac. The Contractor may begin i Order Fill Rate reporting development time-line It is agreed that new practices and Due to the new monthly reporting standards, the agreed time-line for implementation is the last day of the third full calendar month following the approval of the new contract. Monthly Parts Availability Time standards month baseline study will be performed to identify current performance levels. Following the completion of the baseline study, the Contractor and the City shall establish mutually These standards will be based on supporting the desired service levels within the Fleet Maintenance facility while limiting unnecessary inventory liability for the City. Fill Rate Performance expectations will be defined for; ïîñèñîððç Exhibit E Inventory Goals will be established for; Performance exceptions (Special Circumstances) There will be instances, beyond the control of the Contractor, when a part is not available within the established guidelines. When these events are mutually agreed to be beyond the Contractors control they should be excluded when calculating the Monthly Order Fill Rates. Example of such instances could be, but are not limited to: Parts from a single source provider that is out of stock Parts on extended backorder from the manufacturer Parts that have to be or that are requested to be rebuilt Parts that have to be fabricated The Contractor shall be penalized by the City for performance that falls short of the mutually agreed standards. The Contractor shall be assessed a one half percent (.5%) profit penalty reduction for each month that a performance standard is not met. The Contractor shall be assessed an additional one half percent (.5%) profit penalty reduction for each month that two or more performance standards are not met. The manager, Assistant Manager, and each Counterman, shall have a wage penalty assessed nce standards. This assessment would result in a combined $875 wage reduction, based on current staffing. The penalty will be imposed for any month that any agreed performance standard was not met. The additional revenue generated by this penalty would be passed through to the City in the form of reduced payroll expenses for the month the performance standards were not met. ïîñèñîððç Exhibit E Implementation of Penalties establishment of mutually agreed performance standards. These will be put in place after the new process implementation and completion of the baseline study and assessed at the end of each month. City of Denton Response: OK -Site Manager Please delete the fourth and fifth sentences from this section. The City cannot have such direct control over NAPA personnel decisions. City of Denton Response: OK Page 19, Fleet Services Parts Warehouse The City agrees to provide five business days prior written notice for any audits of NAPA parts warehouse. Additionally, the City agrees that it must be accompanied by NAPA personnel during such audits. City of Denton Response: OK Page 19, Safety and Environmental Hazards NAPA cannot agree to take on all responsibility for identifying hazards that may exist on premises owned, maintained and controlled by the City. NAPA can agree to notify the City of any facially obvious condition which it may encounter, but cannot be held responsible for identifying hazardous conditions that are inherent in the location, or are not obvious to a guest on the premises. Based on past ownership, the City is in a better position to determine potential environmental, OSHA, and safety problems with the location, and should retain responsibility for all costs incurred from inspections and corrections of deficiencies. City of Denton Response: Strike OSHA - City is not subject to OSHA regulations. Page 29, Sample Contract, Section IV Warranty supplied pursuant to this Contract are subject to the terms of written warranties provided by the manufacturer of each part, and NAPA shall use reasonable commercial efforts to assist the City in ïîñèñîððç Exhibit E warranty will be the sole and exclusive remedy of the City in connection with any claims concerning the parts supplied to the City pursuant to this Contract. ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY City of Denton Response: OK Page 30, Sample Contract, Section VIII, Indemnification shall indemnify and hold the City harmless from and against all damages, claims or demands that may, during the term of this Agreement, arise or be occasioned by the negligent or intentional acts To the extent authorized by the laws and Constitution of the State of Texas, including but not limited to Article III, Section 52 and Article III, Section 53 of the State of Texas Constitution, the City shall be responsible for and shall indemnify and hold NAPA harmless from and against all damages, claims or demands that may, during the term of this City of Denton Response: OK, with additional language changes as underlined above. Page 30, Sample Contract, Section IX, Compliance with Applicable Laws City of Denton Response: OK Page 31, Sample Contract, Section XI, Assignment and Subletting Please make the obligations of this section mutual. City of Denton Response: OK Page 32, Sample Contract, Section XVII, Termination Please make the termination language mutual upon 60 days prior written notice. City of Denton Response: OK to above statement. opportunity before termination to correct shall be 30 days and will be concurrent with 60 days prior written notice. ïîñèñîððç Exhibit E Page 33, Sample Contract, Section XXII, Right to Audit Please City of Denton Response: OK NAPA added this exception (per letter fromNAPA) Page 39, Insurance Requirements Please delete the second bullet point on this page. NAPA does not agree to have their or self- assigned by the City. City of Denton Response: OK Page 40, Insurance Requirements Please delete the first bullet on this page. NAPA cannot make its insurance primary. NAPA agreed to remove this exception to the first bullet. (per letter from NAPA) City of Denton Response: Delete entire reference to Page 40, Insurance Requirements Page 44, Insurance Requirements it does not apply to the service NAPA will be providing to the City. City of Denton Response: City acknowledges that this applies to Projects ïîñèñîððç ORDINANCE NO. __________ AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF PRODUCTS AND SERVICES FOR THE ON-SITE VEHICLE PARTS FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4379-VEHICLE EQUIPMENT AND PARTS AWARDED TO GENUINE PARTS COMPANY IN THE ESTIMATED AMOUNT OF $1,750,000 PER YEAR FOR THE FOUR YEAR CONTRACT. THE TOTAL AWARD IS ESTIMATED TO BE $7,000,000). WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID NUMBER VENDOR AMOUNT 4379 Genuine Parts Company $1,750,000\year SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 4379 ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Ross Chadwick 349-8830 ACM: Jon Fortune SUBJECT Consider adoption of an ordinance accepting competitive bids and awarding a contract for the related services for the City of Denton Fire Department; providing for the expenditure of funds therefor; and providing an effective date (RFP 4433- Structure and Related Services awarded to Draeger Safety, Inc. in the amount of $224,795). RFP INFORMATION This bid ifire containerized training structures that are specified in the approved design of the Police and Fire Training Facility scope of services. Since firefighters currently do not have a facility to train in, these burn structures will enable the Fire Department to maintain their live fire training requirements for ISO (Insurance Services Office) and fire suppression continuing education. The intended use of these live fire training structures is to provide safe and efficient live fire training for our firefighters. In addition, the structures can be used for numerous other fire training evolutions including search and rescue, ladder evolutions, hose evolutions, ventilation, and fire/arson investigations. The containerized training structures will be capable of supporting repetitive live fire training evolutions per National Fire Protection Association (NFPA) 1403, Standard on Live Fire Training Evolutionstructures are moveable and will be utilized prior to the Training Facility project being completed. When the Training Facility is completed, the props will be moved to the Training Facility site. The City will purchase these props utilizing funds that remain from the Fire Station #7 project which came in under budget. The bonds that were allocated for this project require the funds to be used at Fire Station #7 or the Training Facility which is on the same property. The original business plan for the Public Safety Training Facility allocated the cost savings from Fire Station #7 to the Training Facility. In addition to the cost of the structures, staff anticipates having to spend an additional $5,000-$6,000 on gravel, etc. for ground preparation which will also be covered from the Fire Station #7 funds. Agenda Information Sheet December 15, 2009 Page 2 RFP INFORMATION (CONTINUED) The two (2) burn structures recommended are the result of RFP #4433 in which Draeger Safety was the sole responder. The total amount for the Draeger Safety bid was $224,795. Draeger was also the selected vendor as part of RFP #3986 in March of 2008 to supply the Training Facility es with the original project. This bid is approximately $3,150 less than their original quote in 2008. The selected responder will provide (design, manufacture, deliver, install, construct, and test) the provide extensive training to the Fire Department as outlined in their proposal. RECOMMENDATION Award to Draeger Safety, Inc. in the amount of $224,795. PRINCIPAL PLACE OF BUSINESS Draeger Safety, Inc. Pittsburgh, PA ESTIMATED SCHEDULE OF PROJECT The installation of the training structures is estimated to be completed by April 1, 2010. FISCAL INFORMATION The City will utilize the remaining funds from the construction of Fire Station #7 project account# 100096452.1355.30100. Requisition 96711 has been entered in the Purchasing software system. EXHIBITS Exhibit 1: Bid Tabulation Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Exhibit 1 RFP #4433 DATE: November 24, 2009 Best Value RFP for Class "A" Training Structure & Related Services DESCRIPTIONRESPONDENT Draeger Safety Inc. Encinitas, CA Principal Place of Business Class "A" containerized training structure, including all components and thermal Total Price For Both linings. Price does not need to be be broken Systems down by fully automatic system and manually controlled system. Class "A" containerized flashover chamber, including all components and thermal linings. Price does not need to be broken $224,795.00 down by fully automatic systems and manually controlled system. ORDINANCE NO. __________ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR ATED SERVICES FOR THE CITY OF DENTON FIRE DEPARTMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFP 4433- TRAINING STRUCTURE AND RELATED SERVICES AWARDED TO DRAEGER SAFETY, INC. IN THE AMOUNT OF $224,795). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: RFP NUMBER VENDOR AMOUNT 4433 Draeger Safety, Inc. $224,795 SECTION 2. By the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 3. Should the City and the winning bidder(s) wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute a written contract in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents and to extend that contract as determined to be advantageous to the City of Denton. SECTION 4. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-RFP 4433 ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ December 15, 2009 ÜÛÐßÎÌÓÛÒÌæ City Manager’s Office ÝÓñÜÝÓñßÝÓæ George C. Campbell, City Manager ÍËÞÖÛÝÌæ Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Police Officers Association for the purpose of contributing to their non-profit charitable organization called “Shop With A Cop” which helps needy children shop for things they need and want for Christmas; providing for the expenditure of funds therefore; and providing for an effective date. ÞßÝÕÙÎÑËÒÜæ This agreement allows for the total expenditure of $700 ( Mayor Mark Burroughs, $100; Mayor Pro Tem Pete Kamp, $100; Council Member Charlye Heggins, $200; Council Member Dalton Gregory, $50; ) from Council Council Member Chris Watts, $100; and Council Member Jim Engelbrecht, $150 Contingency Funds. Key provisions of the agreement include: Funds shall be used by the Denton Police Officers Association to accompany needy children and help them shop for gifts that they need and want for Christmas. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. Ú×ÍÝßÔ ×ÒÚÑÎÓßÌ×ÑÒ Funding for the contract will come from respective Council contingency fund accounts. Respectfully submitted: George C. Campbell City Manager Prepared by: Linda Holley Executive Assistant AGENDA INFORMATION SHEET AGENDA DATE: December 15,2009 DEPARTMENT: Parks and Recreation ACM: Fred Greene _____________________________________________________________________________ SUBJECT Consider a request for an exception to the Noise Ordinance for the purpose of performing live music during a House Concert hosted by Cassandra Fuhrmann. The House Concert will be located at 616 Woodland Street on March 28, 2010, beginning at 5:00 p.m. and concluding at 8:00 p.m. This request is for an exception in decibels from 65 to 69 decibels. BACKGROUND This is a first time request for a House Concert to be held at a residence. A House Concert is house or backyard where families and neighbors can share music and artists can perform to an intimate crowd. The music to be presented would be limited to Americana, Folk, and Bluegrass artists consisting of solos or duet acoustic acts. The audience would be limited to 50 people maximum with an average crowd expectation of approximately 30 in attendance. A House Concert is not a public event and anyone wishing to attend must have an invitation. Traffic from University Drive noise was unofficially measured at 65 decibels and Ms. Fuhrmann is requesting an increase of decibels to 69 so the music can be heard over the traffic noise. No large bands will be invited to perform at this venue. Currently, Dallas, Fort Worth, Garland, Grapevine, Richardson, and Arlington are among the 46 cities in Texas that have House Concerts. Ms. Fuhrmann event will help to promot music scene in a more intimate atmosphere. Ms. Furhmann would like to have several future House Concerts held in her large backyard. Ms. Fuhrmann was asked to secure approval from the neighboring area for the extended decibel level. She will seek permission for the guests to park behind the non-operational TWU Development Center. RECOMMENDATION Staff recommends approving the noise exception request. Agenda Information Sheet December 15, 2009 Page 2 EXHIBITS 1.Letter of Request 2.Aerial Map of surrounding neighborhood Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Janie McLeod Community Events Coordinator ö××È åÍÍØÐÛÎØîÍÓÉ×÷ÄÙ×ÌÈÓÍÎê×ËÇ×ÉÈ Ì¸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ December 15, 2009 ÜÛÐßÎÌÓÛÒÌæ Economic Development/Downtown Development ÝÓæ George C. Campbell ÍËÞÖÛÝÌ Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from 940 Ventures, LLC (Brian Tackett, representative) from the Downtown Incentive Grant Program not to exceed $20,000; and providing for an effective date. (The Economic Development Partnership Board recommends approval 5-0-1). ÞßÝÕÙÎÑËÒÜ Applicant: Brain Tackett, representative for 940 Ventures, LLC City Council approved the Downtown Incentive Reimbursement Grant Program on April 3, 2007, and allocated $50,000 to fund the program for fiscal year 2008-2009. The program was allocated $50,000 for 2009-2010. This is the first grant application for this fiscal year. ÐÎÑÖÛÝÌæ This project involves removing the exterior stucco, rebuilding the structural framing, replacing and adding windows, replacing the exterior stucco, repairing or replacing awnings, refinishing exterior doors, moving the exterior staircase to the interior of the building, replacing the roof and gutters, and landscaping. This building is located just off the northwest side of the square and is in need of repair, both externally and internally. The building has not had adequate maintenance in many years, and needs a great deal of repair to bring it up to current building and safety standards. The building has extensive internal termite damage and visibly leans to the north. Rehabilitation of this 1878 building will restore the structural integrity and will lead to retail/office use. The owner sought the advice of the Texas Main Street architect, Howard Langner, through the City of Denton Economic Development Department. Julie Glover has forwarded his comments to the applicant. This building has been empty for a number of years, and is located at one of the major entranceways into the square; this project will significantly enhance the on-going downtown revitalization efforts. ÎÛÏËÛÍÌæ The total amount for the rehabilitation of this building will be approximately $250,000. The eligible grant amount of the rehabilitation project is estimated at $158,400. The applicant requested $50,000; the Downtown Task Force and Economic Development Partnership Board 1 recommend a grant of $20,000 to City Council with the condition that the applicant retain or replace the existing façade design. ÛÔ×Ù×Þ×ÔÌÇæ This project is eligible under the following criteria: Proximity to Courthouse-on-the-Square Historical accuracy of proposed renovations Design quality Compatibility of design in relation to other buildings Project compatibility in relation to Downtown Development goals Project compliance with all current building standards Project compatibility with streetscape objectives Perceived need for proposed renovations to building ÐÎ×ÑÎ ßÝÌ×ÑÒ The Downtown Development Task Force reviewed the application on October 14, 2009 and recommended a grant in the amount of $20,000 to the Economic Development Partnership Board (EDPB). The motion passed 15-0. On November 10, 2009, the EDPB reviewed the application and recommends that $20,000 be awarded to this project. The motion passed 5-0-1. ÛÈØ×Þ×ÌÍ 1.Ordinance 2.Grant agreement 3.Exhibit A – Legal Description 4.Exhibit B - Grant Application Prepared by: ___________________ Julie Glover Economic Development Program Administrator Respectfully submitted: __________________________ Linda Ratliff Director of Economic Development 2 CITY OF DENTON CITY COUNCIL MINUTES November 16, 2009 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, November 16, 2009 at 10:00 a.m. in the City Council Chambers at City Hall. PRESENT: Mayor Burroughs; Mayor Pro Tem Kamp; Council Members Engelbrecht, Gregory, Heggins, Mulroy, and Watts. ABSENT: None 1. The Council considered adoption of an ordinance canvassing the returns and declaring the results of the municipal election to amend the city charter of the City of Denton on November 3, 2009; entering an order in the records of the municipality declaring that the charter amendments are adopted; and providing an effective date. Jennifer Walters, City Secretary, read the final results of the election into the record indicating that all four propositions had passed. The following ordinance was considered: NO. 2009-287 AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION TO AMEND THE CITY CHARTER OF THE CITY OF DENTON ON NOVEMBER 3, 2009; ENTERING AN ORDER IN THE RECORDS OF THE MUNICIPALITY DECLARING THAT THE CHARTER AMENDMENTS ARE ADOPTED; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Kamp seconded to adopt the ordinance. On roll vote, Engelbrecht “aye”, Gregory “aye”, Heggins “aye”, Kamp “aye”, Mulroy “aye”, Watts “aye”, and Mayor Burroughs “aye”. Motion carried unanimously. With no further business, the meeting was adjourned at 10:05 a.m. _________________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES November 17, 2009 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, November 17, 2009 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member Mulroy, and Council Member Watts. ABSENT: None. 1. Requests for clarification of agenda items listed on the agenda for November 17, 2009. Council Member Watts questioned Item L regarding the noise exception. He asked if work was allowed on a Sunday and the contractor was just asking for different hours of operation. PS Arora, DRC Engineering Administrator, stated that work was not allowed on Sunday which was the reason for the variance. Council Member Watts stated that the backup materials indicated that the current dates and times for Sunday work was between 1:00 p.m. – 8:30 p.m. from October 1 to May 31. Arora indicated that the contractor was asking for hours from 7:00 a.m. – 5:00 p.m. on Sundays until the project was completed. Council Member Watts asked for the deadline for completion of the project. Arora indicated that it was to have been done by November 15th but due to the weather and utility relocations, the projected completion date was March 30, 2010. Council Member Watts stated that Item F indicated that the general contract was for miscellaneous projects but if the amount went over $100,000 council approval was required. He questioned if that was in the original contract in 2006 or was it added later. City Manager Campbell indicated that Council approved the annual contract but this was over $100,000 so it needed specific council approval. The project was not being rebid. Council Member Mulroy indicated that he had six questions regarding the agenda which were answered but felt that Item 3A, the DCTA appointments, needed special consideration. He suggested that the item be postponed until the Council could have a Closed Session on the item. Mayor Burroughs indicated that Item D would be pulled for individual consideration in order to provide more public knowledge on the proposal. 1. Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code, Section 551.071. City of Denton City Council Minutes November 17, 2009 Page 2 1. Discuss and deliberate the status of mediation efforts regarding several issues involved with the Range Resources/Range Operating/Stroud Energy/Dan Hughes litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled City of Denton, Texas, Plaintiff v. Range Resources Corporation, Range Operating Texas, LLC, Stroud Energy, Ltd., and Dan A. Hughes Co, Cause No. 2008-19218-16, Defendants, pending in the 16th Judicial District Court in and for Denton County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. 1. Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary construction easement tracts for Eagle Drive Drainage Improvements - Phase I, the limits of which being along the existing branch between South Elm Street and South Locust Street, south of Maple Street, in the City of Denton, Denton County, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton Public Utilities Board under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City’s legal position in any administrative proceedings or potential litigation. C. Deliberations regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086; Consultation with Attorneys - Under Texas Government Code, Section 551.071. 1. Discuss and deliberate the status of pending mediation efforts regarding several public power issues involved with the Texas Municipal Power Agency litigation described below and receive a briefing from a City representative. Receive a briefing and status report from the City’s attorneys regarding the litigation entitled Ex Parte Texas Municipal Power Agency, Cause No. D-1-GN-08-003426, pending in the 126th Judicial District Court in and for Travis County, Texas; as well as Ex Parte Texas Municipal Power Agency - II, Cause No.D-1-GN-08-003693, in the 261st Judicial District Court in and for Travis County, Texas; and the Texas Municipal Power Agency, Plaintiff v. City of Bryan, Texas, Defendant, Counter-Plaintiff and Third-Party Plaintiff; v. City of Denton, Texas and City of Garland, Texas, Third-Party Defendants, Cause No. 28169, now pending in the 506th Judicial City of Denton City Council Minutes November 17, 2009 Page 3 District Court in and for Grimes County, Texas. Discuss and deliberate and provide the attorneys with direction. A public discussion of these legal matters would conflict with the duty of the City’s attorneys to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. D. Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorney - Under Texas Government Code Section 551.071. 1. Discuss, deliberate and receive information from staff and provide staff with direction pertaining to the grant of property within the Denton Rail Corridor to the DART, the limits of said corridor being all that certain lot, tract or parcel of land described in that certain Quitclaim Deed from Missouri Pacific Railroad Company to the City of Denton, Texas dated August 9, 1993, and filed on August 24, 1993, as Clerk No 93-R0058485 in the Real Property Records of Denton County, Texas; and also being that same property described in that certain Correction Quitclaim Deed, dated June 1, 2001 and filed for record in the Real Property Records of Denton County, Texas as Volume 4857, Page 020211 where such deliberation in an open meeting would have a detrimental effect on the position of the City Council in negotiations with DCTA. Consultation with the City’s attorneys regarding legal issues associated with the granting of said property above described where a public discussion of these legal matters would clearly 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. Regular meeting of the Denton City Council on November 17, 2009 in the City Council Chambers. ïòÐÔÛÜÙÛ ÑÚ ßÔÔÛÙ×ßÒÝÛ The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. îòÐÎÑÝÔßÓßÌ×ÑÒÍñÐÎÛÍÛÒÌßÌ×ÑÒÍ A. Proclamations/Awards Mayor Burroughs presented a proclamation for Kick-off for Salvation Army of Denton Red Kettle Campaign. íòÝÑÒÍÛÒÌ ßÙÛÒÜß Mayor Burroughs indicated that Item 3D would be pulled for separate consideration. City of Denton City Council Minutes November 17, 2009 Page 4 Council Member Mulroy indicated that Item 3A would not be considered at this meeting. A Speaker Card was submitted by Bob Clifton for Item 3F. Council Member Mulroy motioned, Mayor Pro Tem Kamp seconded to approve the Consent Agenda and accompanying ordinances and resolutions with the exception of Items 3A and 3D. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. This Item was not considered. A. Consider approval of a resolution of the City Council of the City of Denton, Texas, appointing one member and two alternates to the Board of Directors or Executive Committee of the Denton County Transportation Authority; providing a repealer and providing an effective date. The Mobility Committee recommends approval (2-0). Ordinance No. 2009-288 B. Consider adoption of an ordinance authorizing the concession to Metzler’s Food and Beverage, Inc to sell alcoholic beverages at designated locations during the 2010 Air Fair events, upon certain conditions; and providing an effective date. The Airport Advisory Board recommends approval (6-0). Ordinance No. 2009-289 C. Consider adoption of an ordinance finding that a necessity exists to acquire fee simple tracts, drainage easements and temporary construction easements and authorizing the acquisition thereof through agreement or eminent domain on various hereinafter described parcels of real property for drainage enhancements related to the "Eagle Drive Drainage Improvements Project - Phase I"; providing a severability clause; providing an effective date. The Public Utilities Board recommends approval (6-0). Ordinance No. 2009-290 D. Consider adoption of an ordinance amending Sections 10-127 and 10-128 of Article VI of Chapter 10 of the Code of Ordinances of The City of Denton, Texas, to provide for qualification periods for seeking partial tax exemptions for certain designated historic sites; providing a partial tax exemption for certain designated historic sites; providing property that qualifies as a designated historic site a ten (10) year partial tax exemption; providing for a severability clause, providing for a savings clause; and providing for an effective date. Bryan Langley, Director of Finance, stated that this ordinance would renew the historical tax exemption for historic sites. He suggested that guidelines be established on what was a restoration for properties to help people understand what an acceptable change was. Council Member Gregory motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes November 17, 2009 Page 5 Ordinance No. 2009-291 E. Consider adoption of an ordinance authorizing the City Manager to execute a Professional Services Agreement with Solutient GeoSciences, Inc. for performing professional hydrogeological consulting and analytical services regarding the City of Denton, Texas Municipal Landfill (MSW Permit No. 1590-A); authorizing the expenditure of funds therefor; providing for retroactive ratification and approval thereof; and providing an effective date (not to exceed $112,490.65). The Public Utilities Board recommends approval (4-0). Ordinance No. 2009-292 F. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of a concrete lined channel next to Duncan Street; providing for the expenditure of funds therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $187,497.97). Ordinance No. 2009-293 G. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of infrastructure including a wheel and chassis undercarriage wash facility with associated storm water treatment facility to be located at the City of Denton Landfill access road; providing for the expenditure of funds therefor; and providing an effective date (Bid 4377-awarded to the lowest responsible bidder meeting specification, Caliber Construction, Inc. in the amount of $423,462). The Public Utilities Board recommends approval (6-0). Resolution No. R2009-032 H. Consider approval of a resolution of the City of Denton, Texas adopting the City of Denton Handbook for Boards, Commissions, and Council Committees; and declaring an effective date. Resolution No. R2009-033 I. Consider approval of a resolution casting votes for membership to the Board of Directors of the Denton Central Appraisal District; and declaring an effective date. Ordinance No. 2009-294 J. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Holiday Lighting Association to assist with the cost of the Holiday Lighting Festival and the maintenance and replacement of holiday lights; providing for the expenditure of funds therefore; and providing for an effective date. ($700) Approved the minutes as noted below. K. Consider approval of the minutes of: October 6, 2009 October 20, 2009 November 2, 2009 November 3, 2009 City of Denton City Council Minutes November 17, 2009 Page 6 Approved the request as noted below. L. Consider a request for an exception to the Noise Ordinance to extend working hours for the purpose of Hodges and Associates, P.L.L.C. to pour concrete paving for the Rayzor Ranch Market Place construction on US 380. The contractors, Mario Sinacola and Sons, need to operate between the hours of 7:00 a.m. and 5:00 p.m. on Sundays for the duration of the Hwy 380 widening project. ìò ÐËÞÔ×Ý ØÛßÎ×ÒÙÍ Ordinance No. 2009-295 A. Hold a public hearing and consider adoption of an ordinance changing the Future Land Use designation of approximately 16.422 acres of property from a "Neighborhood Center" land use designation to a "Community Mixed Use Center" land use designation. The property is located at the southwest corner of Teasley Lane (F.M. 2181) and Hickory Creek Road. (CA09-0001) The Planning and Zoning Commission recommends approval (6-0). Mayor Burroughs indicated that Items A and B would be considered together. Mark Cunningham, Director of Planning and Development, stated that this request was for rezoning from NRMU to Community Mixed Use General. The comprehensive plan amendment needed to be considered first to accommodate the requested zoning. He reviewed the current surrounding zoning, current future land use and the differences between the two zoning categories. The Planning and Zoning Commission recommended approval of both proposals. The Mayor opened the public hearing. Larry Reichhart, representing the developer, stated that the reason for the change in zoning dealt mainly with the interest in restaurants in the area. Many of the same uses were allowed in the requested zoning as in the current zoning but the requested zoning allowed for larger sites. Mayor Pro Tem Kamp motioned, Council Member Gregory seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. Ordinance No. 2009-296 B. Hold a public hearing and consider adoption of an ordinance rezoning approximately 16.422 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Community Mixed Use General (CM-G) zoning district. The property is located at the southwest corner of Teasley Lane (FM 2181) and Hickory Creek Road. (Z09-0006) The Planning and Zoning Commission recommends approval (6-0). Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. City of Denton City Council Minutes November 17, 2009 Page 7 ëò×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ A. Tabled - Consider adoption of an ordinance of the City of Denton, Texas approving an interlocal cooperation agreement and granting an easement to the DCTA on the Denton Branch Rail Trail for the purpose of building a public commuter rail line; and declaring an effective date. The Mobility Committee recommends approval (3-0). (Tabled from March 3, 2009) This item remained on the table. B. Consider nominations/appointments to: 1. Historic Landmark Commission Council Member Watts nominated Robert Gomez to the Historic Landmark Commission. Council Member Watts motioned, Council Member Heggins seconded to approve the nomination. On roll call vote, Council Member Watts "aye", Council Member Mulroy "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously. C. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: a. Bob Clifton regarding the November City Charter Amendment Election. Bob Clifton discussed the members of the Charter Committee and their contributions and what the election meant especially with the court action in the Court of Appeals. He questioned why anyone would want to continue to be reelected year after year. b. Robert Donnelly regarding drainage issues. Mr. Donnelly spoke on potential drainage issues at the MedPark Station for DCTA. The study stated that a detention pond was not necessary. He showed on a map how he perceived the water would runoff on that property. His property would be impacted depending on how the drainage flowed and he asked for answers on how no detention ponds would be needed. D. 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 City of Denton City Council Minutes November 17, 2009 Page 8 Council Member Gregory announced the Fred Moore Day Nursery School would be having a th gospel brunch at the Civic Center on December 5 and encouraged people to attend. Council Member Heggins announced the annual Thanksgiving luncheon at the MLK Center on Thursday from 11:00 am to 1:00 pm. Council Member Watts requested a work session regarding replatting property on certain streets with automatic dedication of right-of-way and how that policy might be impacting infill development... Council Member Mulroy requested that the changes to the parking on Oak Street and the one- way traffic changes on Oak Street be postponed until more input could be received from the neighborhood and the Council could hold another work session on the proposed changes. Council Member Engelbrecht noted that tomorrow would be GIS Information Systems Day and pointed out the city's technology throughout many departments. Mayor Burroughs asked citizens to provide him comments on the UNT system move and possible ramifications that the citizens might think about that he might not have considered. E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. Mayor Burroughs announced that the Council would continue the Closed Session portion of the meeting. F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action on Closed Meeting Items. Council went into Closed Session at 7:17 p.m. With no further action, the meeting was adjourned in Open Session at 8:25 p.m. __________________________ MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS __________________________ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Frank Payne 349-8946 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance authorizing the City Manager to execute change order number one to the contract between the City of Denton and Lands Construction for additional sidewalk installation and pathway improvements associated with the Teasley Lane/FM 2181 Pedestrian Way project.; providing for the expenditure of funds therefor; and providing an effective date (Bid 3966-Change Order Number One in the amount of $41,082.74). BID INFORMATION Bid 3966 is for the construction of a pedestrian path along Teasley Lane from Ryan Road to south of Guyer High School. The bid was awarded to Lands Construction on December 9, 2008 in the amount of $226,988. Change Order Number One consists of adjusting the final project amount to reflect the actual installed quantities on the job. Additional concrete sidewalk and flex base pedestrian pathway were needed beyond the original estimated amounts, and because of changing field conditions (primarily drainage issues associated with the flex base material). Some line items included in the original bid were not installed or were not installed in the quantities estimated. This change order increases the overall contract amount to $268,070.74. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Council approved the award of Bid 3966 to Lands Construction in the amount of $226,988 on December 9, 2008 (Ordinance# 2008-311). . RECOMMENDATION Approve Change Order Number One to Lands Construction in the amount of $41,082.74. PRINCIPAL PLACE OF BUSINESS Lands Construction Denton, TX ESTIMATED SCHEDULE OF PROJECT This project is estimated to be completed within 30 calendar days from approval of the change order depending on weather and the ability to schedule a final walk through with the contractor. Agenda Information Sheet December 15, 2009 Page 2 FISCAL INFORMATION This project will be funded from account 350250453.1360.43565. An additional line will be added to Purchase Order# 142620 upon Council approval. EXHIBITS Exhibit 1: Change Order Number One Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent 1-AIS-Bid 3966 Change Order One Û¨¸·¾·¬ ï ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NUMBER ONE TO THE CONTRACT BETWEEN THE CITY OF DENTON AND LANDS CONSTRUCTION FOR ADDITIONAL SIDEWALK INSTALLATION AND PATHWAY IMPROVEMENTS ASSOCIATED WITH THE TEASLEY LANE/FM 2181 PEDESTRIAN WAY PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3966-CHANGE ORDER NUMBER ONE IN THE AMOUNT OF $41,082.74). WHEREAS, on December 9, 2008 by Ordinance No. 2008-311, the City awarded a public works contract to Lands Construction in the amount of $226,988 for the Teasley Lane/FM2181 Pedestrian Way project; 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, and said change order fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended 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 Change Order No. One, increasing the amount of the contract between the City and Lands Construction, which is on file in the office of the Purchasing Agent, in the amount of Forty One Thousand Eighty Two and 74/100 ($41,082.74) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said change order. The total purchase order amount increases to $268,070.74. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2009. ______________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNI FER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _________________________________ 3-ORD-Bid 3966 Change Order One ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ AGENDA DATE: December 15, 2009 DEPARTMENT: Legal Department CM/DCM/ACM: Anita Burgess, City Attorney ÍËÞÖÛÝÌæ Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a Settlement Agreement on behalf of the City of Denton, Texas regarding a settlement of Texas Municipal Power Agency litigation now pending in Travis County and Grimes County, Texas and the proceedings pending at the Public Utilities Commission of Texas; empowering the City Manager to execute any and all documents as are necessary in furtherance and support of said Agreement; and providing an effective date. ÞßÝÕÙÎÑËÒÜæ The City Council has beenbriefed on many occasions regarding the contested litigation and the Public Utilities Commission of Texas proceedings regarding Texas Municipal Power Agency and its four member cities from 1997 to the present. Developments have occurred recently, negotiations have taken place, and as a result, a proposed Settlement Agreement has been drafted by TMPA’s counsel and bond counsel, and the in-house counsel of each of the four member cities of TMPA. This proposed Settlement Agreement is being presented to City Council in its Closed Meeting on this date for their consideration, with any action on said Agreement to be taken in open session. ÑÐÌ×ÑÒÍæ If action is being taken in the open meeting, then approve or deny the proposed ordinance. ÎÛÝÑÓÓÛÒÜßÌ×ÑÒæ Staff recommendation to be made in the Closed Meeting on December 15, 2009. Respectfully submitted, _______________________________ Anita Burgess, City Attorney ________________________________ Mike Copeland, Utility Attorney ORDINANCE NO. 2009-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT ON BEHALF OF THE CITY OF DENTON, TEXAS REGARDING A SETTLEMENT OF THE TEXAS MUNICIPAL POWER AGENCY LITIGATION NOW PENDING IN TRAVIS COUNTY AND GRIMES COUNTY, TEXAS AND THE PROCEEDINGS NOW PENDING AT THE PUBLIC UTILITIES COMMISSION OF TEXAS; EMPOWERING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS AS ARE NECESSARY IN FURTHERANCE AND SUPPORT OF SAID AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, after considering all of the relevant factors, including the viability of Texas Municipal Power Agency entity as a whole, the issues involved in the litigation, the financial outlook of Texas Municipal Power Agency, the City Council deems that it is appropriate to approve a settlement agreement by and between Texas Municipal Power Agency, the Cities of Bryan, Denton, Garland and Greenville, Texas, which agreement is entitled “Global Compromise Settlement Agreement Regarding Certain Litigation, Administrative Proceedings, and Other Disputes among and between the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas, the City of Greenville, Texas, and the Texas Municipal Power Agency” (hereafter the “Agreement”); and WHEREAS, the Agreement provides among other things, for a dismissal with prejudice to the refiling of the suits and proceedings, as to all of the remaining lawsuits and all of the Public Utilities Commission of Texas administrative proceedings pending by and between, and involving Texas Municipal Power Agency and the four member cities, including the City of Denton; and WHEREAS, the City Council finds that this Agreement is in the best interests of the residents of the City of Denton, Texas, and should therefore be approved. NOW THEREFOR; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: The preamble to this ordinance is incorporated herewith by reference as a part of this ordinance. SECTION 2: The City Manager is hereby authorized by the City Council to execute the “Global Compromise and Settlement Agreement Regarding Certain Litigation, Administrative Proceedings, and Other Disputes among and between the City of Bryan, Texas, the City of Denton, Texas, the City of Garland, Texas, the City of Greenville, Texas, and the Texas Municipal Power Agency” (hereafter the “Agreement”); which Agreement is attached hereto as Exhibit “A” and incorporated herewith by reference. SECTION 3: Provided however, the approval of this ordinance by the City of Denton, Texas is expressly conditioned upon the acceptance and approval, by the governing 1 bodies of Texas Municipal Power Agency and the governing bodies of the Cities of Bryan, Garland and Greenville, Texas. SECTION 4: The City Manager is authorized to sign all documents necessary to perform the Agreement, including the expenditure of funds as necessary and as provided in associated documents in the Agreement. SECTION 5: This ordinance shall become effective immediately upon its passage and approval; subject however, to the acceptance of the Agreement by the governing body of Texas Municipal Power Agency and the governing bodies of the Cities of Bryan, Garland and Greenville, Texas. SECTION 6: The City Secretary, upon proof of acceptance of the Agreement by all of the other parties listed in Section 5 above, shall provide a signed, attested copy of said Agreement to the Texas Municipal Power Agency, Carlos, Texas. PASSED AND APPROVED this the ______ day of __________________, 2009. ________________________________ MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: __________________________________ 2 ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛ : December 15, 2009 ÜÛÐßÎÌÓÛÒÌ : Transportation Operations ßÝÓ : Howard Martin, 349-8232 ÍËÞÖÛÝÌ Consider an ordinance to authorize the City Manager to approve a first amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009, between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport; and providing and effective date. The Airport Advisory Board recommends approval (5-0). ÞßÝÕÙÎÑËÒÜ US Aviation Group currently holds a Fixed Base Operator (FBO) Airport Lease for the purpose of providing flight instruction, aircraft maintenance and other aviation related services on the Denton Airport. In the past three years, US Aviation Group has made significant investments in the airport leasehold including expansion and development of another leasehold to include the construction of two 14,000 square foot facilities on an approximate 1.5 acre tract. They have greatly expanded their fleet of training aircraft and total employment. This FBO lease and associated developments will assist in the provision of expanded services to the aviation community in North Texas. This amendment covers the changes related to adding another parcel to provide an area to accommodate development of a new FBO facility, revertsthe indemnity clause to language directed by previous Council action and clarifies the terms for Consumer Price Index adjustments. The additional parcel is approximately 7,500 Sq. Ft. and it will be leased for $0.17 per Sq. Ft. to match the existing lease. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ øݱ«²½·´ô Þ±¿®¼ô ݱ³³··±²÷ The Airport Advisory Board recommended approval (5-0) on Wednesday, December 2, 2009. ÛÈØ×Þ×ÌÍ 1. Ordinance 2. Amendment 3. Drawing 4. Airport Advisory Board Draft Minutes Respectfully submitted: Quentin Hix Airport Manager 1 ßÌÌßÝØÓÛÒÌ ß ÜÎßÚÌ Ó×ÒËÌÛÍ ß×ÎÐÑÎÌ ßÜÊ×ÍÑÎÇ ÞÑßÎÜ ÜÛÝÛÓÞÛÎ îô îððç After determining that a quorum was present, the Airport Advisory Board of the City of Denton, Texas convened in a Regular Meeting on December 2, 2009 at 5:30 p.m. in the Airport Terminal Building, Meeting Room at 5000 Airport Road, Denton, Texas, at which the following items were considered: ÞÑßÎÜ ÓÛÓÞÛÎÍ ÐÎÛÍÛÒÌ : Vice Chairman Mr. Brewer, Mr. Pugh, Mr. Schofield, Dr. Smith, and Mr. Fykes. ÞÑßÎÜ ÓÛÓÞÛÎÍ ßÞÍÛÒÌ : Chairman, Mr. Brown and Mr. Clark excused absent. ÍÌßÚÚ ÓÛÓÞÛÎÍ ÐÎÛÍÛÒÌ : Quentin Hix, Airport Manager, Julie Mullins, Administrative Assistant, Andrea Sumner, Operations Coordinator. ÐËÞÔ×Ý ÐÎÛÍÛÒÌæ Jeff Soules, US Aviation Group, Mark Taylor, US Aviation Group, Rick Woolfolk. ×ÌÛÓÍ ÚÑÎ ×ÒÜ×Ê×ÜËßÔ ÝÑÒÍ×ÜÛÎßÌ×ÑÒ IV. Receive a report, hold a discussion and provide a recommendation to City Council requesting the City Manager, or his designee, to execute on behalf of the City of Denton an ordinance authorizing the City Manager to approve a first amendment to a Fixed Base Operator Airport Lease Agreement approved by Ordinance 2009-018 dated January 6, 2009, between the City of Denton, Texas and Sykes-Vaughan Investments (US Aviation Group) at the Denton Municipal Airport; and providing and effective date. Mr. Hix commented that in January 2009 City Council approved a Fixed Base Operator Airport Lease Agreement after the Airport Advisory Board recommended the lease. Sykes-Vaughan Investments came to Mr. Hix and asked to amend the lease to add one more parcel of property adjacent to the existing property where the hangar is constructed. After having the Architect design modification to the structure for the FBO, it was decided that before moving forward to get a building permit, they needed this additional land on the south side of the building to accommodate the building setback. The only land on that side of the building is the easement of Spartan Drive, which is the end of the road that goes into a ditch and then across to the south ramp area. The drawing attached to the packet has the area highlighted. The only access off of the area is a road not in use called Matt Wright Drive which is no longer open and that land is already leased by US Aviation. This is an easement and US Aviation has no intention to build on this parcel. US Aviation is willing to pay for the easement to expand the setback. US Aviation will not be able to construct on the easement and will be responsible for the maintenance of the parcel. 1 Mr. Hix added wording to the existing lease that no building will be built on the easement. Dr. Smith made a motion to approve the first amendment. Mr. Fykes seconded the motion. Ó±¬·±² ½¿®®·»¼ ëóðò 2 AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTZ09-0003 (Lux at Bell Avenue) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change of approximately 1.11 acres of land from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation and a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation with an overlay district, for property located at the northeast corner of N. Bell Avenue and E. University Drive in the city of Denton, Denton County, Texas (Z09-0003). The Planning and Zoning Due to opposition from over 20% of Commission recommends approval of this request (5-2). the land area within 200 feet of the subject property, a ¾ super majority vote is required to approve this rezoning. BACKGROUND The site is comprised of three undeveloped lots and an alleyway. Two of the lots are located within the Bell Avenue Historic Conservation District. The alleyway is proposed to be abandoned so it can be incorporated into the site. The applicant (Lux at Bell Avenue, L.L.C.) is now proposing to develop the site with four (4) duplex units and two (2) single family units (a total of ten dwelling units), thus reducing the proposed number of dwelling units on the site from twelve (12) to ten (10). The maximum allowable density in the proposed NRMU-12 zoning district is 12 dwelling units per acre. The proposed concept plan is shown in Exhibit 13. The applicant is scheduled to go before the Historic Landmark Commission (HLC) on December 14, 2009, per Council direction given on October 6, 2009. Therefore, this proposed concept plan is subject to change per the direction of the HLC at their December 14, 2009 hearing. Duplexes are prohibited within the existing NR-3 zoning district but are an allowed use within the existing NR-4 district with limitation L(3): L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with the Subchapter 13. Additionally, units must have the appearance of a single family residence from the street. There are currently 5 to 6 duplex homes (10-12 units) located within the Bell Avenue Historic Conservation District. Duplexes are permitted in the proposed NRMU-12 district without any limitations and at a density of twelve dwelling units per acres. Rezoning this site to an NRMU- 12 district will allow the applicant to develop the property as shown in the attached concept plan. d overlay district limits the site to the following uses: Single Family Dwellings Duplexes Home Occupations The proposed development regulations in the overlay district are as follows: Minimum lot area: 6,400 sq. ft. Minimum lot width: 50 ft. Minimum lot depth: 80 ft. Minimum front yard setback: 15 ft. Minimum side yard setback: 6 ft. Minimum side yard adjacent to a street: 15 ft. Minimum rear yard: 20 ft. Maximum density per acre: 9 du/acre Maximum lot coverage: 30% Minimum landscaped area: 42% Maximum building height: 30 ft. Minimum yard when abutting a single family district: 15 ft. plus 1 foot for each foot of building height above 20 ft. With regard to site maintenance, the overlay states that maintenance of lots 1 through 6, landscape, parking, driveway as well as building exteriors and all utility infrastructure shall be the responsibility of a single management entity whether the development is sold or leased. Public notification information is provided in Exhibit 9. As of this writing, staff has received one (1) property owner responses in favor and twelve (12) opposed to the proposed rezoning. These twelve responses in opposition represent over 34% of the land within the notice area. This application must therefore be approved by a super majority vote of the City Council. PRIOR ACTION/REVIEW The Historic Landmark Commission (HLC) denied an application for a Certificate of Appropriateness (COA) for this site on September 14, 2009. October 6, 2009. The Council remanded the application back to the HLC for further consideration. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny 4.Postpone consideration. 5.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of the zoning change request (5-2) subject to the conditions proposed by the overlay district. approval The Development Review Committee recommends of this rezoning request subject to the conditions proposed by the overlay district and the proposed concept plan (Exhibit 12). EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Bell Ave Historic Conservation District Map 6.Future Land Use Map 7.Zoning Analysis 8.P&Z meeting minutes 9.Notification Information 10.Letter From Applicant 11.Bell Avenue Historic Conservation District Ordinance 12.Site Photos 13.Zoning Exhibit/Concept Plan 14.Proposed Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 ìðûîîóîõ ø÷ìûêèï÷îè éèûöö ûîûðãéóé CASE NODATE TO BE CONSIDERED : Z09-0003 : December 15, 2009 LOCATION : The subject property is located at the northeast corner of E. University Drive/S.H. 380 and N. Bell Avenue. APPLICANT/ OWNER: Roderick Taylor Lux at Bell Avenue, L.L.C. 1300 Apache Trail Corinth, TX 76210 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change of approximately 1.11 acres of land from a Neighborhood Residential 3 (NR-3) zoning district and a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district, including an overlay district. STAFF RECOMMENDATION:approval The Development Review Committee recommends of this zoning request subject to the conditions proposed by the overlay district and the concept plan. COMPREHENSIVE PLAN DESIGNATION: Existing Land Use The subject site has an future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Neighborhood Residential 4 (NR-4), Neighborhood Residential 3 (NR-3), and Bell Avenue Historic Conservation District single family residences. South: Downtown Commercial General (DC-G) University (TWU) East: Neighborhood Residential 3 (NR-3) single family residences West: Neighborhood Residential 3 (NR-3) and Bell Avenue Historic Conservation District single family residences BACKGROUND INFORMATION: The applicant is requesting to rezone the subject site from a Neighborhood Residential 3 (NR-3) zoning district and a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to allow higher density residential development on the site. Rezoning this site to NRMU-12 will allow the applicant to develop the property to a proposed maximum density of nine (9) dwelling units per acre. ANALYSIS: Comprehensive Plan Analysis: Existing Land Use The subject site has an future land use designation. Existing Land Use is described in the Denton Plan as the following: Within established residential areas, new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, neighborhood service and commercial land uses is allowed The proposed Neighborhood Residential Mixed Use 12 District (NRMU-12) is part of the Neighborhood Residential Land Use category which was created to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. The proposed density being requested (9 du/acre) is higher than the 3.3 du/acre density of the Bell Avenue District. Given that the subject site fronts on E. University Avenue/S.H. 380, the higher density is appropriate for this site. The site will provide a buffer and provide a smooth transition between the surrounding lower density residential neighborhoods and both U.S. 380 and TWU to the south. The proposed NRMU-12 zoning with the overlay district is consistent with the Existing Land Use designation. Development Code/ Zoning Analysis: The following tables identify the uses permitted in the NR-3, NR-4 and the NRMU-12 zoning districts and the proposed overlay district: NRMU- Residential Land Use Categories NR-3 NR-4 Proposed overlay district 12 ß¹®·½«´¬«®» Ð Ð Ð Ò Ô·ª»¬±½µ Ôøé÷ Ôøé÷ Ôøé÷ Ò Í·²¹´» Ú¿³·´§ Ü©»´´·²¹ Ð Ð Ð Ç ÍËÐ ÍËÐ ß½½»±®§ Ü©»´´·²¹ ˲·¬ Ôøï÷ Ò Ôøï÷ Ôøï÷ ߬¬¿½¸»¼ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹ ÍËÐ ÍËÐ Ð Ò Ü©»´´·²¹ ß¾±ª» Þ«·²»» Ò Ò Ð Ò Ô·ª»ñɱ®µ ˲·¬ Ò Ò Ð Ò Ü«°´»¨» Ò Ôøí÷ Ð Ç Ý±³³«²·¬§ ر³» Ú±® ¬¸» Ü·¿¾´»¼ Ð Ð Ð Ò Ù®±«° ر³» Ò Ò ÍËÐ Ò Ó«´¬·óÚ¿³·´§ Ü©»´´·²¹ Ò Ò Ôøì÷ Ò Ó¿²«º¿½¬«®»¼ ر«·²¹ Ü»ª»´±°³»²¬ Ò Ò Ò Ò NRMU- Commercial Land Use Categories NR-3 NR-4 Proposed overlay district 12 ر³» ѽ½«°¿¬·±² Ð Ð Ð Ç Í¿´» ±º Ю±¼«½¬ Ù®±©² ±² Í·¬» Ò Ò Ò Ò Ø±¬»´ Ò Ò Ò Ò Ó±¬»´ Ò Ò Ò Ò Þ»¼ ¿²¼ Þ®»¿µº¿¬ Ò Ò Ôøïð÷ Ò Î»¬¿·´ Í¿´» ¿²¼ Í»®ª·½» Ò Ò Ôøïë÷ Ò Ó±ª·» ̸»¿¬»® Ò Ò Ò Ò Î»¬¿«®¿²¬ ±® Ю·ª¿¬» Ý´«¾ Ò Ò Ò Ò Ü®·ª»ó¬¸®±«¹¸ Ú¿½·´·¬§ Ò Ò Ò Ò Ð®±º»·±²¿´ Í»®ª·½» ¿²¼ Ѻº·½» Ò Ò Ôøïì÷ Ò Ï«·½µ Ê»¸·½´» Í»®ª·½·²¹ Ò Ò Ò Ò Ê»¸·½´» λ°¿·® Ò Ò Ò Ò ß«¬± ¿²¼ ÎÊ Í¿´» Ò Ò Ò Ò Ô¿«²¼®§ Ú¿½·´·¬·» Ò Ò Ð Ò Û¯«»¬®·¿² Ú¿½·´·¬·» Ò Ò Ò Ò Ñ«¬¼±±® λ½®»¿¬·±² Ð Ð ÍËÐ Ò ×²¼±±® λ½®»¿¬·±² Ò Ò Ò Ò Ó¿¶±® Ûª»²¬ Û²¬»®¬¿·²³»²¬ Ò Ò Ò Ò Ý±³³»®½·¿´ п®µ·²¹ Ô±¬ Ò Ò Ò Ò ß¼³·²·¬®¿¬·ª» ±® λ»¿®½¸ Ú¿½·´·¬·» Ò Ò Ò Ò Þ®±¿¼½¿¬·²¹ ±º Ю±¼«½¬·±² ͬ«¼·± Ò Ò Ò Ò Í»¨«¿´´§ Ñ®·»²¬»¼ Þ«·²» Ò Ò Ò Ò Ì»³°±®¿®§ Ë» Ôøíè÷ Ôøíè÷ Ôøíè÷ Ò NRMU- Industrial Land Use Categories NR-3 NR-4 Proposed overlay district 12 Ю·²¬·²¹ ñ Ы¾´·¸·²¹ Ò Ò Ò Ò Þ¿µ»®·» Ò Ò Ò Ò Ó¿²«º¿½¬«®» ±º Ò±²ó±¼±®·º»®±« Ú±±¼ Ò Ò Ò Ò Ú»»¼ Ô±¬ Ò Ò Ò Ò Ú±±¼ Ю±½»·²¹ Ò Ò Ò Ò Ô·¹¸¬ Ó¿²«º¿½¬«®·²¹ Ò Ò Ò Ò Ø»¿ª§ Ó¿²«º¿½¬«®·²¹ Ò Ò Ò Ò É¸±´»¿´» Í¿´» Ò Ò Ò Ò É¸±´»¿´» Ò«®»®·» Ò Ò Ò Ò Ü·¬®·¾«¬·±² Ý»²¬»® Ò Ò Ò Ò É¸±´»¿´» ͬ±®¿¹» ¿²¼ Ü·¬®·¾«¬·±² Ò Ò Ò Ò Í»´ºó»®ª·½» ͬ±®¿¹» Ò Ò Ò Ò Ý±²¬®«½¬·±² Ó¿¬»®·¿´ Í¿´» Ò Ò Ò Ò Ö«²µ Ç¿®¼ ¿²¼ ß«¬± É®»½µ·²¹ Ò Ò Ò Ò É®»½µ»® Í»®ª·½» ¿²¼ ׳°±«²¼ Ô±¬ Ò Ò Ò Ò Õ»²²»´ Ò Ò Ò Ò Ê»¬»®·²¿®§ Ý´·²·½ Ò Ò Ò Ò Í¿²·¬¿®§ Ô¿²¼º·´´ô ݱ³³»®½·¿´ Ò Ò Ò Ò ×²½·²»®¿¬±®ô Ì®¿²º»® ͬ¿¬·±² ÍËÐ ÍËÐ ÍËÐ Ù¿ É»´´ Ò Ôøîé÷ Ôøîé÷ Ôøîé÷ NRMU- NR-3 NR-4 Proposed overlay district Institutional Land Use Categories 12 Þ¿·½ ˬ·´·¬·» Ôøîë÷ Ôøîë÷ Ôøîë÷ Ò Ý±³³«²·¬§ Í»®ª·½» Ò Ò Ð Ò Ð¿®µ ¿²¼ Ñ°»² Í°¿½» Ð Ð Ð Ò Ý¸«®½¸» Ð Ð Ð Ò Í»³·ó°«¾´·½ô Ø¿´´ô Ý´«¾ô ¿²¼ Ô±¼¹» ÍËÐ ÍËÐ Ôøïë÷ Ò Þ«·²» ñ Ì®¿¼» ͽ¸±±´ Ò Ò Ò Ò ß¼«´¬ ±® ݸ·´¼ Ü¿§ Ý¿®» ÍËÐ ÍËÐ Ð Ò Õ·²¼»®¹¿®¬»²ô Û´»³»²¬¿®§ ͽ¸±±´ ÍËÐ ÍËÐ Ð Ò Ó·¼¼´» ͽ¸±±´ Ò Ò Ð Ò Ø·¹¸ ͽ¸±±´ Ò Ò Ò Ò Ý±´´»¹» Ò Ò Ò Ò Ø±°·¬¿´ Ò Ò Ò Ò Û´¼»®´§ ر«·²¹ Ò Ò Ôøïí÷ Ò Ó»¼·½¿´ Ý»²¬»® Ò Ò Ò Ò Ý»³»¬»®·» Ò Ò Ò Ò Ó±®¬«¿®·» Ò Ò Ò Ò The following are general regulations for the NR-3, NR-4 and NRMU-12 Districts and the proposed overlay district: ÒÎÓËó ÒÎóí ÒÎóì Proposed overlay district General Regulations ïî Ó·²·³«³ ´±¬ ¿®»¿ ø¯«¿®» º»»¬÷ ïðôððð éôððð íôëðð êôëðð Ó·²·³«³ ´±¬ ©·¼¬¸ ê𠺻»¬ ë𠺻»¬ í𠺻»¬ ë𠺻»¬ Ó·²·³«³ ´±¬ ¼»°¬¸ è𠺻»¬ è𠺻»¬ è𠺻»¬ è𠺻»¬ ïë º»»¬ î𠺻»¬ Ó·²·³«³ º®±²¬ §¿®¼ »¬¾¿½µ ï𠺻»¬ ïë º»»¬ Ôøî÷ Ôøî÷ Ó·²·³«³ ·¼» §¿®¼ ê º»»¬ ê º»»¬ ê º»»¬ ê º»»¬ Ó·²·³«³ ·¼» §¿®¼ ¿¼¶¿½»²¬ ¬± ¿ ¬®»»¬ ï𠺻»¬ ï𠺻»¬ ï𠺻»¬ ïë º»»¬ Ó·²·³«³ ®»¿® §¿®¼ ï𠺻»¬ ï𠺻»¬ ï𠺻»¬ î𠺻»¬ íðû Ó¿¨·³«³ ´±¬ ½±ª»®¿¹» ëðû êðû êðû Ó·²·³«³ ´¿²¼½¿°»¼ ¿®»¿ ëëû ìðû ìðû ìîû Ó¿¨·³«³ ¾«·´¼·²¹ ¸»·¹¸¬ ì𠺻»¬ ì𠺻»¬ ì𠺻»¬ í𠺻»¬ ï𠺻»¬ ï𠺻»¬ ïë º»»¬ °´« ï °´« ï °´« ï º±±¬ º±® º±±¬ º±® º±±¬ º±® »¿½¸ »¿½¸ »¿½¸ ïë º»»¬ °´« ï º±±¬ º±® »¿½¸ Ó·²·³«³ §¿®¼ ©¸»² ¿¾«¬¬·²¹ ¿ ·²¹´»ó º±±¬ ±º º±±¬ ±º º±±¬ ±º º±±¬ ±º ¾«·´¼·²¹ ¸»·¹¸¬ ¿¾±ª» º¿³·´§ «» ±® ¼·¬®·½¬ ¾«·´¼·²¹ ¾«·´¼·²¹ ¾«·´¼·²¹ î𠺻»¬ ¸»·¹¸¬ ¸»·¹¸¬ ¸»·¹¸¬ ¿¾±ª» ¿¾±ª» ¿¾±ª» î𠺻»¬ î𠺻»¬ î𠺻»¬ The following are limitations referenced in the use chart for the NR-3, NR-4 and NRMU-12 Districts: ñ ã ß½½»±®§ ¼©»´´·²¹ «²·¬ ¿®» °»®³·¬¬»¼ô «¾¶»½¬ ¬± ¬¸» º±´´±©·²¹ ¿¼¼·¬·±²¿´ ½®·¬»®·¿æ ïò̸» °®±°±¿´ ³«¬ ½±²º±®³ ©·¬¸ ¬¸» ±ª»®¿´´ ³¿¨·³«³ ´±¬ ½±ª»®¿¹» ¿²¼ »¬¾¿½µ ®»¯«·®»³»²¬ ±º ¬¸» «²¼»®´§·²¹ ¦±²»ò îò ̸» ³¿¨·³«³ ²«³¾»® ±º ¿½½»±®§ ¼©»´´·²¹ «²·¬ ¸¿´´ ²±¬ »¨½»»¼ ï °»® ´±¬ò íò̸» ³¿¨·³«³ ¹®± ¸¿¾·¬¿¾´» º´±±® ¿®»¿ øÙØÚß÷ ±º ¬¸» ¿½½»±®§ ®»·¼»²¬·¿´ ¬®«½¬«®» ¸¿´´ ²±¬ »¨½»»¼ ëðû ±º ¬¸» ÙØÚß ±º ¬¸» °®·³¿®§ ®»·¼»²½» ±² ¬¸» ´±¬ô ¿²¼ ¸¿´´ ²±¬ »¨½»»¼ ïððð ¯ò º¬ò ÙØÚß «²´» ¬¸» ´±¬ ³»»¬ ¬¸» ®»¯«·®»³»²¬ ±º Ôøï÷òëò ìòѲ» ¿¼¼·¬·±²¿´ °¿®µ·²¹ °¿½» ¸¿´´ ¾» °®±ª·¼»¼ ¬¸¿¬ ½±²º±®³ ¬± ¬¸» ±ººó¬®»»¬ °¿®µ·²¹ °®±ª··±² ±º ¬¸· ݸ¿°¬»®ò ̸» ³¿¨·³«³ ¹®± ¸¿¾·¬¿¾´» º´±±® ¿®»¿ øÙØÚß÷ ±º ¬¸» ëò ¿½½»±®§ ®»·¼»²¬·¿´ ¬®«½¬«®» ¸¿´´ ²±¬ »¨½»»¼ ëðû ±º ¬¸» ÙØÚß ±º ¬¸» °®·³¿®§ ®»·¼»²½» ±² ¬¸» ´±¬ô ©¸»®» ¬¸» ´±¬ ·¦» · »¯«¿´ ¬± ±® ¹®»¿¬»® ¬¸¿² ¬»² ¿½®» ·² ·¦»ò ß² ÍËÐ · ²±¬ ®»¯«·®»¼ º±® «½¸ ¿² ¿½½»±®§ ®»·¼»²¬·¿´ ¬®«½¬«®» ©¸»®» ¬¸» ´±¬ ·¦» · »¯«¿´ ¬± ±® ¹®»¿¬»® ¬¸¿² ¬»² ¿½®»ò ñ ã ײ °¿®¬ ±º ¿ «¾¼·ª··±² ±º î ¿½®» ±® ³±®»ô «° ¬± î «²·¬ ³¿§ ¾» ¿¬¬¿½¸»¼ ¾§ ¿ ½±³³±² ©¿´´ ·º ¬¸» ´±¬ ©¸·½¸ ½±²¬¿·² ¬¸» ¿¬¬¿½¸»¼ ¬®«½¬«®» ¼± ²±¬ ¿¾«¬ ¬¸» °»®·³»¬»® ´±¬ ´·²» ±º ¿ «¾¼·ª··±²ô ¬¸» ·²¼·ª·¼«¿´ ½±³³±² ©¿´´ «²·¬ ¿®» ±² »°¿®¿¬» ´±¬ ¼»·¹²»¼ ¬± ¾» ±´¼ ·²¼·ª·¼«¿´´§ô ¿²¼ ¬¸»§ ½±³°´§ ©·¬¸ ¬¸» Í«¾½¸¿°¬»® ïíò ß¼¼·¬·±²¿´´§ô «²·¬ ³«¬ ¸¿ª» ¬¸» ¿°°»¿®¿²½» ±º ¿ ·²¹´» º¿³·´§ ®»·¼»²½» º®±³ ¬¸» ¬®»»¬ò ñ ã Ó«´¬·óº¿³·´§ · °»®³·¬¬»¼ ±²´§æ ïòÉ·¬¸ ¿ Í°»½·º·½ Ë» л®³·¬å ±® îòß °¿®¬ ±º ¿ Ó·¨»¼óË» Ü»ª»´±°³»²¬å ±® íòß °¿®¬ ±º ¿ Ó¿¬»® д¿² Ü»ª»´±°³»²¬ô Û¨·¬·²¹å ±® ìò׺ ¬¸» ¼»ª»´±°³»²¬ ®»½»·ª»¼ ¦±²·²¹ ¿°°®±ª¿´ ¿´´±©·²¹ ³«´¬·ó º¿³·´§ «» ©·¬¸·² ±²» §»¿® °®·±® ¬± ¬¸» »ºº»½¬·ª» ¼¿¬» ±º Ñ®¼·²¿²½» Ò±ò Áîððëóîîìå ±® ëò׺ ¿´´±©»¼ ¾§ ¿ Ý·¬§ ݱ«²½·´ ¿°°®±ª»¼ ²»·¹¸¾±®¸±±¼ ø³¿´´ ¿®»¿÷ °´¿²ò ñ ã Ô·³·¬»¼ ¬± ¬©± øî÷ ¿²·³¿´ ±² °¿®½»´ ±²» øï÷ ¬± ¬¸®»» øí÷ ¿½®» ·² ·¦»ò ß¼¼·¬·±²¿´ ¿²·³¿´ ³¿§ ¾» ¿¼¼»¼ ¿¬ ¿ ®¿¬» ±º ±²» °»® »¿½¸ ¿½®» ±ª»® ¬¸®»»ò ñ ã Ë» ¿®» ´·³·¬»¼ ¬± ²± ³±®» ¬¸¿² ëëôðð𠯫¿®» º»»¬ ±º ¹®± º´±±® ¿®»¿ °»® ´±¬ ñ ã Ë» ¿®» ´·³·¬»¼ ¬± ²± ³±®» ¬¸¿² ïðôðð𠯫¿®» º»»¬ ±º ¹®± º´±±® ¿®»¿ ñ ã Ë» ¿®» ´·³·¬»¼ ¬± ²± ³±®» ¬¸¿² ëôðð𠯫¿®» º»»¬ ±º ¹®± º´±±® ¿®»¿ °»® ´±¬ò ß² ÍËÐ · ®»¯«·®»¼ º±® ¿¼¼·¬·±²¿´ ¯«¿®» º±±¬¿¹» º±® Í»³·óЫ¾´·½ Ø¿´´ô Ý´«¾ ¿²¼ Ô±¼¹»ò ñ ã ׺ °®±°±»¼ «» · ©·¬¸·² îð𠺻»¬ ±º ¿ ®»·¼»²¬·¿´ ¦±²»ô ¿°°®±ª¿´ · «¾¶»½¬ ¬± ¿ Í°»½·º·½ Ë» л®³·¬ò ñ ã Ó«¬ ½±³°´§ ©·¬¸ ¬¸» °®±ª··±² ±º Í«¾½¸¿°¬»® èçô Ù¿ É»´´ Ü®·´´·²¹ ¿²¼ Ю±¼«½¬·±²ò ñ ã Ó«¬ ³»»¬ ¬¸» ®»¯«·®»³»²¬ ±º Í»½¬·±² íëòïîòçò In addition to a higher maximum density, the NRMU-12 district allows a greater variety of housing options than the NR-3 and NR- 4 districts. Some commercial and office uses are permitted in the NRMU-12 district with limitations. Institutional uses such as halls and lodges, adult and child day care centers, and education facilities such as elementary and middle schools are permitted, some with limitations. The proposed overlay district would prohibit these uses. It should be noted that if the applicant is successful in obtaining a COA from the HLC, the site plan and building elevations would be binding. As such the site could not be developed except as application is denied, nothing could be constructed on that part of the site that is located within the Conservation District until it receives an approved COA from the HLC. An analysis using System GIS to determine the availability of land zoned NRMU-12 within a one mile radius of the site indicates that there is a total of 165.08 acres. Of those 165.08 acres, 12.4179 acres are vacant (Exhibit 7). DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this rezoning request and provided comments and general information. All comments have been addressed. FINDINGS: Pursuant to subsection 35.3.4.B of the DDC, a zoning amendment shall be approved only when the following standards are met: The proposed rezoning conforms to the Future Land Use 1. element of the Denton Plan. The proposed NRMU-12 zoning district is consistent with the Future Land Use designation of Existing Land Use as defined in the Denton Comprehensive Plan. Other uses located along University Drive include strip shopping centers, gas stations and convenience stores and apartment complexes. This site is directly across the street from a parking lot on the TWU campus. Given the location of the site on University Avenue/U.S. 380, the types of uses located along University Drive the proposed higher density would be appropriate for this site. The proposed rezoning facilitates the adequate provision of 2. transportation, water, sewers, schools, parks, other public requirements and public convenience. The provision of adequate public facilities for this proposal was reviewed by the Development Review Committee during the review period. DRC Engineering has determined that adequate public facilities exist to serve this development. EXHIBIT 2 LOCATION MAP EXHIBIT 3 EXISTING ZONING MAP EXHIBIT 4 PROPOSED ZONING MAP EXHIBIT 5 BELL AVE HISTORIC CONSERVATION DISTRICT BOUNDARY EXHIBIT 6 FUTURE LAND USE MAP EXHIBIT 7 ZONING ANALYSIS EXHIBIT 9 NOTIFICATION INFORMATION Ы¾´·½ Ò±¬·º·½¿¬·±² Ü¿¬»æ ïðñðìñðç ײ Ñ°°±·¬·±²æ ײ Ú¿ª±®æ Ò»«¬®¿´æ ÛÈØ×Þ×Ì ïð Subchapter 7 Development Code ú×ÐÐ ûÆ×ÎÇ× ôÓÉÈÍÊÓÙ ùÍÎÉ×ÊÆÛÈÓÍÎ øÓÉÈÊÓÙÈ 35.7.10.1 Purpose ̸» °«®°±» ±º »¬¿¾´·¸·²¹ ¬¸» Þ»´´ ߪ»²«» Ø·¬±®·½ ݱ²»®ª¿¬·±² Ü·¬®·½¬ · ¬±æ ßòÍ¿º»¹«¿®¼ ¬¸» ¸»®·¬¿¹» ±º ¬¸» Ý·¬§ ±º Ü»²¬±² ¾§ °®»»®ª·²¹ ¬¸» Þ»´´ ߪ»²«» ¿®»¿ ±º ¬¸» ½·¬§ ©¸·½¸ ½±²¬¿·² ´¿²¼³¿®µô ¾«·´¼·²¹ô ¿²¼ñ±® ·¬» ©¸·½¸ ®»º´»½¬ »´»³»²¬ ±º ¬¸» ½·¬§iÊ ÚÈÑÉÈËÜÑ ÊÎÚÔÜÑ ØÚÎÏÎÐÔÚ ÍÎÑÔÉÔÚÜÑ ÎË ¿®½¸·¬»½¬«®¿´ ±® ¿®½¸»±´±¹·½¿´ ¸·¬±®§å Þòͬ¿¾·´·¦» ¿²¼ ·³°®±ª» °®±°»®¬§ ª¿´«»å ÝòÛ²«®» ½±³°¿¬·¾·´·¬§ ±º ²»© ½±²¬®«½¬·±² ¿²¼ ¬®«½¬«®¿´ ¿´¬»®¿¬·±² ©·¬¸ ¬¸» »¨·¬·²¹ ½¿´» ¿²¼ ½¸¿®¿½¬»®·¬·½ ±º «®®±«²¼·²¹ °®±°»®¬·»å ÜòÚ±¬»® ½·ª·½ °®·¼» ·² ¬¸» ¾»¿«¬§ ¿²¼ ¿½½±³°´·¸³»²¬ ±º ¬¸» °¿¬å Ûò×¼»²¬·º§ ¿²¼ °®±³±¬» ¬¸» «» ±º ¸·¬±®·½ ®»±«®½» º±® ¬¸» »¼«½¿¬·±²ô °´»¿«®»ô ¿²¼ ©»´º¿®» ±º ½·¬·¦»² ±º ¬¸» Ý·¬§ ±º Ü»²¬±²ò 35.7.10.2 Definitions ̸» º±´´±©·²¹ ©±®¼ô ¬»®³ ¿²¼ °¸®¿»ô ©¸»² «»¼ ·² ¬¸· Í«¾½¸¿°¬»®ô ¸¿´´ ¸¿ª» ¬¸» ³»¿²·²¹ ¿½®·¾»¼ ¬± ¬¸»³ ·² ¬¸· »½¬·±²ô »¨½»°¬ ©¸»®» ¬¸» ½±²¬»¨¬ ½´»¿®´§ ·²¼·½¿¬» ¿ ¼·ºº»®»²¬ ³»¿²·²¹æ ØÐÑæ ̸» Ø·¬±®·½ Ю»»®ª¿¬·±² Ѻº·½»® º±® ¬¸» Ý·¬§ ±º Ü»²¬±² øØÐÑ÷ò Ô¿²¼³¿®µæ ß²§ ¾«·´¼·²¹ô ¬®«½¬«®»ô ·¬»ô ¼·¬®·½¬ô ¿®»¿ ±® ´¿²¼ ±º ¿®½¸·¬»½¬«®¿´ô ¸·¬±®·½ô ¿®½¸»±´±¹·½¿´ ±® ½«´¬«®¿´ ·³°±®¬¿²½» ±® ª¿´«» ©¸·½¸ ¬¸» ½·¬§ ½±«²½·´ ¼»¬»®³·²» ¸¿´´ ¾» °®±¬»½¬»¼ô »²¸¿²½»¼ ¿²¼ °®»»®ª»¼ ·² ¬¸» ·²¬»®»¬ ±º ¬¸» ½«´¬«®»ô °®±°»®·¬§ô »¼«½¿¬·±² ¿²¼ ¹»²»®¿´ ©»´º¿®» ±º ¬¸» °»±°´»ò Ô¿²¼³¿®µ ݱ³³··±²æ ̸» Ý·¬§ ±º Ü»²¬±² Ø·¬±®·½ Ô¿²¼³¿®µ ݱ³³··±² øÔ¿²¼³¿®µ ݱ³³··±²÷ò Í·¬»æ ̸» ´±½¿¬·±² ±º ¿ ·¹²·º·½¿²¬ »ª»²¬ô ¿ °®»¸·¬±®·½ ±® ¸·¬±®·½ ±½½«°¿¬·±² ±® ¿½¬·ª·¬§ô ©¸·½¸ ³¿§ ·²½´«¼» ±°»² °¿½»ô ±® ¿ ¾«·´¼·²¹ ±® ¬®«½¬«®»ô ©¸»¬¸»® ¬¿²¼·²¹ô ®«·²»¼ô ±® ª¿²·¸»¼ô ©¸»®» ¬¸» ´±½¿¬·±² ·¬»´º °±»» ¸·¬±®·½ô ½«´¬«®¿´ô ±® ¿®½¸·¬»½¬«®¿´ ª¿´«» ®»¹¿®¼´» ±º ¬¸» ª¿´«» ±º ¿²§ »¨·¬·²¹ ¬®«½¬«®»ò 35.7.10.3 Application of Regulations ßò׬ ¸¿´´ ¾» «²´¿©º«´ º±® ¿²§ °»®±² ¬± ¼±ô ±® ¿´´±© ±® ½¿«» ¿²§ ±¬¸»® °»®±² ¬± ¼±ô ¿²§ ±º ¬¸» º±´´±©·²¹ ¿½¬ ±² ¿²§ °®±°»®¬§ ´±½¿¬»¼ ©·¬¸·² ¬¸» Ü·¬®·½¬ ©·¬¸±«¬ º·®¬ ¿°°´§·²¹ º±® ¿²¼ ®»½»·ª·²¹ ¿ ½»®¬·º·½¿¬» ±º ¿°°®±°®·¿¬»²» º®±³ ¬¸» Ô¿²¼³¿®µ ݱ³³··±²ò ïòݱ²¬®«½¬·²¹ ¿ ²»© ¾«·´¼·²¹ ±® ³¿µ·²¹ ¿² ¿¼¼·¬·±² ¬± ¿² »¨·¬·²¹ ¾«·´¼·²¹ò îòλ½±²¬®«½¬·²¹ô ¿´¬»®·²¹ô ½¸¿²¹·²¹ô ±® ®»¬±®·²¹ ¬¸» »¨¬»®·±® º¿9¿¼» ±º ¿²§ »¨·¬·²¹ ¾«·´¼·²¹ò íòд¿½·²¹ ±® ´±½¿¬·²¹ ¿²§ ¾«·´¼·²¹ò ìòл®º±®³·²¹ ¿²§ ¿½¬ º±® ©¸·½¸ ¿ ½»®¬·º·½¿¬» ±º ¿°°®±°®·¿¬»²» · ®»¯«·®»¼ ¾§ ¬¸· Í«¾½¸¿°¬»®ò Þòß²§ ½±²¬®«½¬·±²ô ¿´¬»®¿¬·±²ô ±® ·³°®±ª»³»²¬ ³¿¼» ±² ¿²§ °®±°»®¬§ ©·¬¸·² ¬¸» Ü·¬®·½¬ ©¸·½¸ ©±«´¼ ²±¬ ®»¯«·®» ¿ ½»®¬·º·½¿¬» ±º ¿°°®±°®·¿¬»²» ¾§ ®»¿±² ±º ·¬ ²±¬ ¾»·²¹ ª··¾´» º®±³ ¿²§ °«¾´·½ ¬®»»¬ ¿ °®±ª·¼»¼ ·² ¬¸· Í«¾½¸¿°¬»®ô ¸¿´´ ¾» «¾³·¬¬»¼ ¬± ¬¸» ØÐÑô °®·±® ¬± ¬¸» ¾»¹·²²·²¹ ±º ¬¸» ©±®µô º±® ¸·ñ¸»® ¼»¬»®³·²¿¬·±² ±º ©¸»¬¸»® ¬¸» ·³°®±ª»³»²¬ ©±«´¼ ¾» ª··¾´» º®±³ ¿ °«¾´·½ ¬®»»¬ò ÝòѬ¸»® ®»¹«´¿¬·±² ¿°°´·½¿¾´» ¬± ¬¸» Ü·¬®·½¬ ¿ ½±²¬¿·²»¼ ·² °¿®¬ ±º ¬¸» ݱ¼» ±º Ñ®¼·²¿²½» ¸¿´´ ½±²¬·²«» ¬± ¿°°´§ ¬± ¬¸» Ü·¬®·½¬ô »¨½»°¬ ¿ °»½·º·½¿´´§ ³±¼·º·»¼ ¸»®»·²ò Üò׺ ¿²§ °®±ª··±² ±º ¬¸· Í«¾½¸¿°¬»® ½±²º´·½¬ ©·¬¸ ¿²§ ±¬¸»® °®±ª··±² ±º ¬¸» ݱ¼» ±º Ñ®¼·²¿²½»ô ¬¸» °®±ª··±² ±º ¬¸· Í«¾½¸¿°¬»® ¸¿´´ ¹±ª»®² ¿²¼ ½±²¬®±´ò Ûòɸ»®» ¿²§ °®±ª··±² ±º ¬¸· Í«¾½¸¿°¬»® ³±¼·º·» ¿²§ °®±ª··±² ±º ¿²§ ±¬¸»® ±®¼·²¿²½» ¿°°´·½¿¾´» ¬± ¬¸» Ü·¬®·½¬ô ¬¸» ©±®¼ «»¼ ¸»®»·² ¸¿´´ ¸¿ª» ¬¸» ³»¿²·²¹ ¼»º·²»¼ ·² ¬¸» °®±ª··±² ±º ¬¸» ±®¼·²¿²½» ³±¼·º·»¼ô «²´» ¬¸» ¼»º·²·¬·±² · ±¬¸»®©·» °®±ª·¼»¼ ¸»®»·²ò 7-34 Subchapter 7 Development Code 35.7.10.4 Approval Procedures ßò̸» ®»¯«·®»³»²¬ ¿²¼ °®±½»¼«®» º±® ½»®¬·º·½¿¬» ±º ¿°°®±°®·¿¬»²» ¸¿´´ ¾» ¬¸» ¿³» ¿ ¬¸±» °®±ª·¼»¼ º±® ·² Í«¾½¸¿°¬»® íëòéòéòç ±º ¬¸» ݱ¼» ±º Ñ®¼·²¿²½»ò 35.7.10.5 Architectural Regulations ß®½¸·¬»½¬«®¿´ ®»¯«·®»³»²¬ ·² ¬¸» Þ»´´ ߪ»²«» ݱ²»®ª¿¬·±² Ü·¬®·½¬ ¸¿´´ ¾» ¿ º±´´±©æ ßòÓ¿·² Þ«·´¼·²¹ ò Ó¿·² ¾«·´¼·²¹ ³«¬ ¾» ½±³°¿¬·¾´» ·² ½¿´» ©·¬¸ ¬®«½¬«®» »¨·¬·²¹ ·² ¬¸» ¼·¬®·½¬ò Þòß½½»±®§ Þ«·´¼·²¹ò ß½½»±®§ ¾«·´¼·²¹ ©¸·½¸ ¿®» ª··¾´» º®±³ ¿²§ °«¾´·½ ¬®»»¬ô ±¬¸»® ¬¸¿² ¿² ¿´´»§ô ³«¬ ¾» ½±³°¿¬·¾´» ©·¬¸ ¬¸» ½¿´»ô ¸¿°»ô ®±±º º±®³ô ³¿¬»®·¿´ô ¼»¬¿·´·²¹ô ¿²¼ ½±´±® ±º ¬¸» ³¿·² ¾«·´¼·²¹ò Ýòß®½¸·¬»½¬«®¿´ Ü»¬¿·´ò Ó¿¬»®·¿´ô ½±´±®ô ¬®«½¬«®¿´ ¿²¼ ¼»½±®¿¬·±² »´»³»²¬ ¿²¼ ¬¸» ³¿²²»® ·² ©¸·½¸ ¬¸»§ ¿®» «»¼ô ¿°°´·»¼ ±® ¶±·²»¼ ¬±¹»¬¸»® ³«¬ ¾» ½±³°¿¬·¾´» ©·¬¸ ²»¿®¾§ ¿²¼ ¿¼¶¿½»²¬ ¬®«½¬«®»ò Üòß¼¼·¬·±²ò ß´´ ¿¼¼·¬·±² ¬± ¿ ¾«·´¼·²¹ ³«¬ ¾» ½±³°¿¬·¾´» ©·¬¸ ¬¸» ¼±³·²¿²¬ ¸±®·¦±²¬¿´ ±® ª»®¬·½¿´ ½¸¿®¿½¬»®·¬·½ô ½¿´» ¸¿°»ô ®±±º º±®³ô ³¿¬»®·¿´ô ¼»¬¿·´·²¹ ¿²¼ ½±´±® ±º ¬¸» »¨·¬·²¹ ¾«·´¼·²¹ò Ûòݱ´±®ò ݱ´±® ±º ¿´´ ¬®«½¬«®» ³«¬ ¾» ½±³°´»³»²¬¿®§ ¬± »¿½¸ ±¬¸»® ¿²¼ ¬¸» ±ª»®¿´´ ½¸¿®¿½¬»® ±º ¬¸» ³¿·² ¾«·´¼·²¹ò ÚòÚ¿9¿¼» Ó¿¬»®·¿´ò ̸» ±²´§ °»®³·¬¬»¼ º¿9¿¼» ³¿¬»®·¿´ ©·´´ ¾» ¾®·½µô ©±±¼ ·¼·²¹ô ©±±¼ô ¬±²» ¿²¼ ¬«½½±ò ß®¬·º·½·¿´ º¿½·³·´» ±º ¬¸»» ³¿¬»®·¿´ ©·´´ ¸¿ª» ¬± ¾» ½±²·¼»®»¼ ±² ¿ ½¿» ¾§ ½¿» ¾¿·ò ÙòØ·¬±®·½ ¿®½¸·¬»½¬«®¿´ »´»³»²¬ ±º ¬¸» º¿9¿¼» ¿®» ¬± ¾» °®»»®ª»¼ ·º ¬¸»§ ¿®» ¬·´´ ¸·¬±®·½¿´´§ ¿½½«®¿¬» ¿¬ ¬¸» ¬·³» ±º ¬¸» ½®»¿¬·±² ±º ¬¸» ¼·¬®·½¬ò Øòα±º Ó¿¬»®·¿´ ¿²¼ ݱ´±®ò α±¼ ³¿¬»®·¿´ ¿²¼ ½±´±® ³«¬ ½±³°´»³»²¬ ¬¸» ¬§´» ¿²¼ ±ª»®¿´´ ½¸»³» ±º ¬¸» ¬®«½¬«®»ò 35.7.10.6 Existing Construction ßòλ°¿·® ¸¿´´ ¾» ³¿¼» ·² ¿ ³¿²²»® ¬¸¿¬ °®»»®ª» ±® °®±´±²¹ ¬¸» ¬®«½¬«®¿´ ·²¬»¹®·¬§ ±º ¬¸» ½¸¿®¿½¬»® ¼»º·²·²¹ º»¿¬«®» ±º ¿ °®±°»®¬§ò λ°¿·® ¸¿´´ ¾» »¨»½«¬»¼ ·² ¿ ³¿²²»® ½±²·¬»²¬ ©·¬¸ ¬¸» ¼»·¹² ¹«·¼»´·²» »¬¿¾´·¸»¼ ¾§ »¿½¸ ·²¼·ª·¼«¿´ ¸·¬±®·½ ¼·¬®·½¬ò Þòλ°¿·® ¬± ¬®«½¬«®» ¬¸¿¬ ¿®» ¼»»³»¼ ²±¬ ¬± ½±²¬®·¾«¬» ¬± ¬¸» ½¸¿®¿½¬»® ¼»º·²·²¹ º»¿¬«®» ±º ¬¸» ¼·¬®·½¬ ©·´´ ²±¬ ¸¿ª» ¬± ½±³°´§ ©·¬¸ ¬¸» ¼»·¹² ¹«·¼»´·²» ¿ ´±²¹ ¿ ¬¸» ®»°¿·® ¿®» ½±²·¬»²¬ ©·¬¸ ½«®®»²¬ ¿®½¸·¬»½¬«®» ±º ¬¸» ¬®«½¬«®»ò 35.7.10.7 Alterations to Existing Construction ßòÛ¨¬»®·±® ¬®«½¬«®¿´ ¿´¬»®¿¬·±² ¿´±²¹ ¬¸» ¬®»»¬ º®±²¬¿¹» ±º ¸·¬±®·½ ¾«·´¼·²¹ ±® ¬®«½¬«®» ¸±«´¼ ¾» ¿ª±·¼»¼ ¿²¼ ¸¿´´ ¾» µ»°¬ ¬± ¿ ³·²·³«³ò ÞòÜ»·¹² º±® ¬®«½¬«®¿´ ¿´¬»®¿¬·±² ¬± »¨·¬·²¹ ¾«·´¼·²¹ ±® ¬®«½¬«®» ·² ¬¸» ¸·¬±®·½ ½±²»®ª¿¬·±² ¼·¬®·½¬ ¸¿´´ ½±²º±®³ ¬± ¬¸» ¼»·¹² ¹«·¼»´·²» »¬¿¾´·¸»¼ ¾§ »¿½¸ ·²¼·ª·¼«¿´ ¸·¬±®·½ ½±²»®ª¿¬·±² ¼·¬®·½¬ò ̸» ¼»·¹² ¸¿´´ ¾» ½±³°¿¬·¾´» ©·¬¸ ¬¸» ½¸¿®¿½¬»®ó¼»º·²·²¹ º»¿¬«®» ±º ¬¸» ³¿¶±®·¬§ ±º ¬¸» «®®±«²¼·²¹ °®±°»®¬·» ¿²¼ »¨¸·¾·¬ ·³·´¿® ·¦»ô ³¿·²¹ ¿²¼ ½¿´» ¿ ²»¿®¾§ ½±²¬®·¾«¬·²¹ ¾«·´¼·²¹ ±® ¬®«½¬«®»ò Ýò̸» ¼»·¹² ¹«·¼»´·²» ©·´´ ²±¬ ¿°°´§ ¬± ¬®«½¬«®» ¬¸¿¬ ¿®» ¼»»³»¼ ²±¬ ¬± ½±²¬®·¾«¬» ¬± ¬¸» ½¸¿®¿½¬»® ¼»º·²·²¹ º»¿¬«®» ±º ¬¸» ¼·¬®·½¬ ¿ ´±²¹ ¿ ¬¸» ¿´¬»®¿¬·±² ³¿¬½¸ ¬¸» »¨·¬·²¹ »¨¬»®·±® ¬®«½¬«®»ò 35.7.10.8 New Construction; Structural Enlargement or Reduction ßòɸ»² ²»© ¾«·´¼·²¹ ±® ¬®«½¬«®» ¿®» °®±°±»¼ ©·¬¸·² ¬¸» Þ»´´ ߪ»²«» Ø·¬±®·½ ݱ²»®ª¿¬·±² Ü·¬®·½¬ô ¬¸»·® ¼»·¹² ¸¿´´ ¾» ½±³°¿¬·¾´» ©·¬¸ ¬¸» ¸·¬±®·½ô ½«´¬«®¿´ô ±® ¿®½¸·¬»½¬«®¿´ ½¸¿®¿½¬»® ±º ¬¸» ¿®»¿ò ̸» ¼»·¹² ¸¿´´ °®±³±¬» ¬¸» »¨·¬·²¹ °¿¬·¿´ ¿²¼ ª·«¿´ ¯«¿´·¬·» ·² ¬¸» ¸·¬±®·½ ½±²»®ª¿¬·±² ¼·¬®·½¬ô ·²½´«¼·²¹ ¸»·¹¸¬ ¿²¼ ½¿´» ±º ¾«·´¼·²¹ ±® ¬®«½¬«®»ô ±®·»²¬¿¬·±²ô »¬ ¾¿½µô °¿½·²¹ô ·¬» ½±ª»®¿¹»ô ¿²¼ »¨¬»®·±® º»¿¬«®»ò 7-35 Subchapter 7 Development Code ÞòÜ»·¹² º±® ²»© ½±²¬®«½¬·±² ¸¿´´ ½±²º±®³ ¬± ¬¸» ¼»·¹² ¹«·¼»´·²» »¬¿¾´·¸»¼ ¾§ »¿½¸ ·²¼·ª·¼«¿´ ¸·¬±®·½ ½±²»®ª¿¬·±² ¼·¬®·½¬ ¿²¼ ¿ ½»®¬·º·½¿¬» ±º ¿°°®±°®·¿¬»²» ¸¿´´ ¾» ®»¯«·®»¼ «²¼»® ¬¸» ¿³» °®±½» ¿ ·² Í«¾½¸¿°¬»® íëòéòéòçò Ýò̸· »½¬·±² ¸¿´´ ²±¬ ¿°°´§ ¬± ²»© ½±²¬®«½¬·±² ¬± ®»°´¿½» ¿ ¾«·´¼·²¹ ¬¸¿¬ ©¿ ¼»»³»¼ ²±¬ ¬± ½±²¬®·¾«¬» ¬± ¬¸» ½¸¿®¿½¬»® ¼»º·²·²¹ º»¿¬«®» ±º ¬¸» ¼·¬®·½¬ò ̸» ²»© ½±²¬®«½¬·±² ³«¬ ³¿¬½¸ ¬¸» ¸»·¹¸¬ô ½¿´»ô ±®·»²¬¿¬·±²ô »¬ ¾¿½µô °¿½·²¹ô ·¬» ½±ª»®¿¹»ô ¿²¼ »¨¬»®·±® º»¿¬«®» ±º ¬¸» ¾«·´¼·²¹ ©¸·½¸ ·¬ · ®»°´¿½·²¹ò Ò»© ½±²¬®«½¬·±² ³«¬ ³»»¬ ¬¸» °®±ª··±² ±º «¾»½¬·±² ß ¿²¼ Þ ¸»®»·² ·º ¿ ¾«·´¼·²¹ °»®³·¬ · ²±¬ ¿°°´·»¼ º±® ©·¬¸·² ·¨ ³±²¬¸ ¿²¼ ½±²¬®«½¬·±² ¼±» ²±¬ ¾»¹·² ©·¬¸·² ïî ³±²¬¸ ±º ¬¸» ¼¿³¿¹»ô ±® ¼»¬®«½¬·±² ±º ¬¸» ¬®«½¬«®»ò 35.7.10.9 Design Guidelines Ü»·¹² ¹«·¼»´·²» ¿®» ¿¬¬¿½¸»¼ ¿ ß°°»²¼·¨ ß ±º ¬¸· Í«¾½¸¿°¬»®ò ̸» ¼»·¹² ¹«·¼»´·²» ¿®» ¬± ¸»´° ¹«·¼» ¬¸» ØÔÝô ®»·¼»²¬ ¿²¼ ¼»ª»´±°»® ·² ¼»¬»®³·²·²¹ ½±²º±®³·¬§ ©·¬¸ ¬¸» ½±²»®ª¿¬·±² ±º ¬¸» ¸·¬±®·½ ¿²¼ ¿®½¸·¬»½¬«®¿´ ¸»®·¬¿¹» ±º ¬¸» Þ»´´ ߪ»²«» ݱ²»®ª¿¬·±² Ü·¬®·½¬ò 7-36 Subchapter 7 Development Code ß°°»²¼·¨ ßòï Þ»´´ ߪ»²«» ݱ²»®ª¿¬·±² Ü·¬®·½¬ Ѫ»®´¿§ Ó¿° 7-37 Subchapter 7 Development Code Appendix A.2 Bell Avenue Conservation District Design Guidelines Ô·µ» Ø·¬±®·½ Ü·¬®·½¬ô ݱ²»®ª¿¬·±² Ü·¬®·½¬ ¬¿¬« · ¿ º±®³ ±º ±ª»®´¿§ ¦±²·²¹ ©¸·½¸ ¿¼¼ ¿ ´»ª»´ ±º °®±¬»½¬·±² ¬± »´»½¬»¼ ²»·¹¸¾±®¸±±¼ò ̸»» ¹«·¼»´·²» ©·´´ ¸»´° ¬± »²«®» »²·¾´» ¿²¼ ¸¿®³±²·±« ¼»·¹² ·² ¬»®³ ±º ³¿·²¹ô º»²»¬®¿¬·±² ¿²¼ ½¿´» º±® ½¿» ·²ª±´ª·²¹ ²»© ½±²¬®«½¬·±² ±® ¼»ª»´±°³»²¬ ¬¸¿¬ ·²½´«¼» ·²º·´´ ½±²¬®«½¬·±² ©·¬¸·² »¬¿¾´·¸»¼ ²»·¹¸¾±®¸±±¼ò ײ ¬»®³ ±º °®±°±»¼ »¨¬»®·±® ®»¸¿¾·´·¬¿¬·±² ±® ³¿·²¬»²¿²½» ±º »¨·¬·²¹ ¬®«½¬«®»ô ¬¸» ¹«·¼»´·²» ©·´´ °®±ª·¼» °®±°»®¬§ ±©²»® ©·¬¸ ±´«¬·±² ¬¸¿¬ ®»°»½¬ ¬¸» ¬®¿¼·¬·±²¿´ ¼»·¹² ¿²¼ ·²¬»²¬·±² ±º ¬¸» ¾«·´¬ ¿²¼ ²¿¬«®¿´ »²ª·®±²³»²¬ò ײ ¿¼¼·¬·±² ¬± ¬¸»» ¹«·¼»´·²»ô ¼»ª»´±°³»²¬ · ¿´± «¾¶»½¬ ¬± ¬¸» ®»¯«·®»³»²¬ ·² ¬¸» Ü»²¬±² Ü»ª»´±°³»²¬ ݱ¼» ¿ ¬¸»§ ®»´¿¬» ¬± ¾«·´¼·²¹ ¸»·¹¸¬ô ´±¬ ·¦»ô »¬¾¿½µ ¿²¼ °¿®µ·²¹ò ̸» Þ»´´ ߪ»²«» ݱ²»®ª¿¬·±² Ü·¬®·½¬ ½±²·¬ ±º ¬¸» ¿®»¿ º¿½·²¹ Þ»´´ ߪ»²«» ¾»¬©»»² ˲·ª»®·¬§ Ü®·ª» øØ·¹¸©¿§ íèð÷ ¿²¼ ͸»®³¿² Ü®·ª» øÚÓ ìîè÷ò ̸» °«®°±» ±º ¬¸»» ¹«·¼»´·²» · ¬± °®»ª»²¬ ¬¸» ´± ±º ¬¸» Ü·¬®·½¬ù ¸·¬±®·½ ¾«·´¼·²¹ô ¿²¼ ¬± »®ª» ¿ ¿ ¹«·¼» º±® ®»¸¿¾·´·¬¿¬·±² ±º »¨·¬·²¹ ¾«·´¼·²¹ô ½±²¬®«½¬·±² ±º ²»© ¾«·´¼·²¹ô ¿²¼ ¿¼¼·¬·±² ¿²¼ ®»´±½¿¬·±² ±º ¾«·´¼·²¹ ± ¿ ¬± °®»»®ª» ¬¸» ¸·¬±®·½ ¿²¼ ½«´¬«®¿´ ½¸¿®¿½¬»® ¿²¼ ¬¸» ª·«¿´ ·¼»²¬·¬§ ±º ¬¸» Ü·¬®·½¬ò Appendix A.3 Existing Buildings / Streetscapes ßòÚ¿9¿¼» Ì®»¿¬³»²¬ ïòÓ¿¬»®·¿´ ¿òÑ®·¹·²¿´ Ó¿¬»®·¿´ ·Þ®·½µ ±® ¬±²» ¬¸¿¬ ©¿ ±®·¹·²¿´´§ «²°¿·²¬»¼ ¸±«´¼ ®»³¿·² ±ô ·²½» ·®®»ª»®·¾´» ¼¿³¿¹» ½¿² ®»«´¬ º®±³ ¿¬¬»³°¬ ¬± ®»³±ª» °¿·²¬ ¾§ ³»¬¸±¼ «½¸ ¿ ¿²¼¾´¿¬·²¹ò п·²¬·²¹ ±® ½±ª»®·²¹ ±®·¹·²¿´ ¾®·½µ ±® ¬±²» · ¼·½±«®¿¹»¼ò ··Î»¬¿·² ·¹²·º·½¿²¬ ½¸¿®¿½¬»® ¼»º·²·²¹ ©±±¼»² ±® ³»¬¿´ º¿9¿¼» »´»³»²¬ò Û¨¿³°´» ·²½´«¼» ½±®²·½» ¾®¿½µ»¬ô ¹·²¹»®¾®»¿¼ô ¼»½±®¿¬·ª» ¬®·³ »´»³»²¬ô ±®²¿³»²¬¿´ ¾¿®¹»ñº¿½·¿ ¾±¿®¼ô ¿²¼ ±ºº·¬ò ¾òÓ¿·²¬»²¿²½» ·éÕØ èÏÔÉØÙ êÉÜÉØÊ ùØÍÜËÉÐØÏÉ Î× ÉÕØ ôÏÉØËÔÎËiÊ °«¾´·½¿¬·±²ô ͬ¿²¼¿®¼ º±® λ¸¿¾·´·¬¿¬·±² ¿²¼ Ù«·¼»´·²» º±® λ¸¿¾·´·¬¿¬·²¹ Ø·¬±®·½ Þ«·´¼·²¹ ·²¼·½¿¬» ¬¸¿¬ ´·¹¸¬ ¼»¬»®¹»²¬ ¿²¼ ©¿¬»® ¿®» ¬¸» ±²´§ ¿½½»°¬¿¾´» ³»¬¸±¼ º±® ½´»¿²·²¹ ³¿±²®§ò ر©»ª»®ô ½»®¬¿·² 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®»¬¿·²»¼ ¿²¼ ³¿·²¬¿·²»¼ ±² ¿ ®»¹«´¿® ¾¿·ô ¿ ¬¸»» ¬§°» ±º §¬»³ ±º¬»² ©»®» ½®¿º¬»¼ ±º ¸»¿ª§ ¹¿«¹»ô ®»·´·»²¬ ³¿¬»®·¿´ «½¸ ¿ ½±°°»® ±® ¦·²½ ¿²¼ ¹»²»®¿´´§ ±«¬°»®º±®³ ³±¼»®² ³¿¬»®·¿´ô ¿ ©»´´ ¿ ®»¬¿·² ¿ °¿¬·²¿ ¿²¼ ½±²¬®·¾«¬» ¬± ¬¸» ¿°°»¿®¿²½» ±º ¬¸» ¬®«½¬«®»ò 7-38 Subchapter 7 Development Code ½òÞ«·´¼·²¹ ¬¸¿¬ ·²½±®°±®¿¬» ¿ ´±°»¼ ®±±ºô «½¸ ¿ ¿ ¹¿¾´» ¿²¼ñ±® ¸·°°»¼ ®±±ºô ±º¬»² º»¿¬«®» ¼»½±®¿¬·ª» »´»³»²¬ ¬¸¿¬ ¸±«´¼ ¾» ®»¬¿·²»¼ô ·²½´«¼·²¹ ¾«¬ ²±¬ ´·³·¬»¼ ¬±ô ®±±º ½®»¬·²¹ô ®·¼¹» ½¿° ¿²¼ º·²·¿´ò íòܱ±® ¿òλ°´¿½»³»²¬ ¼±±® ¸±«´¼ ¾» ·¦»¼ ¬± º·¬ ·² ¬¸» »¨·¬·²¹ ±°»²·²¹ò ̸» ±°»²·²¹ ¸±«´¼ ²±¬ ¾» ¿´¬»®»¼ ± ¿ ¬± ¿½½»°¬ »·¬¸»® ¿ ³¿´´»® ¼±±® ø»ò¹òô º·´´·²¹ ·² »¨½» °¿½» ©·¬¸ ³¿¬»®·¿´ «½¸ ¿ ´«³¾»®ô ¾®·½µ ±® ½»³»²¬ ¾´±½µ÷ ±® ¬± º¿½·´·¬¿¬» ¿ ´¿®¹»® ¼±±® ±® ¼±±® ø»ò¹òô µ²±½µ·²¹ ±«¬ °¿®¬ ±º ¬¸» «®®±«²¼·²¹ ©¿´´ ¿²¼ ®»º®¿³·²¹ ¬¸» ±°»²·²¹÷ò ìòÉ·²¼±© ¿òÉ·²¼±© ±°»²·²¹ ¸±«´¼ ²±¬ ¾» ¿´¬»®»¼ ¬± ¿½½±³³±¼¿¬» ®»°´¿½»³»²¬ ©·²¼±© ø»ò¹òô þ¾´±½µ·²¹ ¼±©²þ ±® þ¾´±½µ·²¹ ·²þ ¬¸» ±°»²·²¹÷ò ¾òλ°´¿½»³»²¬ ©·²¼±© ¸±«´¼ ®»´¿¬» ¬± ¿²¼ ¾» 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¬¸» º®±²¬ §¿®¼ô ±® º®±²¬ ¿²¼ ·¼» §¿®¼ ±º ¿ ½±®²»® °®±°»®¬§ô ¸¿´´ º¿´´ «²¼»® ¬¸» ¶«®·¼·½¬·±² ±º ¬¸» ¿³»²¼»¼ °±®¬·±² ±º Í»½¬·±² íëòïíòç ±º ¬¸» Ý·¬§ ±º Ü»²¬±² Ü»ª»´±°³»²¬ ݱ¼»ò èò̱°±¹®¿°¸§ ¿ò̸» ·¬» º±® ²»© ½±²¬®«½¬·±² ©¸·½¸ · ©·¬¸·² ª·»© ±º ¬¸» °«¾´·½ ®·¹¸¬ ±º ©¿§ ¸¿´´ ¾» ·² ¸¿®³±²§ ©·¬¸ »¨·¬·²¹ ¬±°±¹®¿°¸·½¿´ º»¿¬«®» ¬§°·½¿´ ±º ¬¸» ²»·¹¸¾±®¸±±¼ò Appendix A.4 Review Process ß´´ »¨¬»®·±® ½¸¿²¹» ®»¯«·®» ¿ Ý»®¬·º·½¿¬» ±º ß°°®±°®·¿¬»²» øÝÑß÷ °®·±® ¬± ¾»¹·²²·²¹ ©±®µò ̸» ÝÑß ¸±«´¼ ¾» º·´»¼ ©·¬¸ ¬¸» Ø·¬±®·½ Ю»»®ª¿¬·±² Ѻº·½»® øØÐÑ÷ò ß´´ »¨·¬·²¹ ¬·³»´·²» ©·´´ ¾» º±´´±©»¼ò ̸·²¹ ¬¸¿¬ ®»¯«·®» ¿ ÝÑß ·²½´«¼»æ ßòݱ²¬®«½¬·²¹ ¿ ²»© ¾«·´¼·²¹ ±® ³¿µ·²¹ ¿² ¿¼¼·¬·±² ¬± ¿² »¨·¬·²¹ ¾«·´¼·²¹ Þòλ½±²¬®«½¬·²¹ô ¿´¬»®·²¹ ½¸¿²¹·²¹ ±® ®»¬±®·²¹ ¬¸» »¨¬»®·±® º¿9¿¼» ±º ¿² »¨·¬·²¹ ¾«·´¼·²¹ Ýòд¿½·²¹ ±® ®»´±½¿¬·²¹ ¿ ¾«·´¼·²¹ Üòλ³±ª·²¹ ±® ¼»³±´·¸·²¹ »¨¬»®·±® ¿®½¸·¬»½¬«®¿´ º»¿¬«®» Ûòݱ²¬®«½¬·²¹ô ®»°¿·®·²¹ ±® »®»½¬·²¹ ¿ °»®³¿²»²¬ ·³°®±ª»³»²¬ øº»²½»ô ¼®·ª»©¿§ô »¬½ò÷ ß²§ ±®¼·²¿®§ ³¿·²¬»²¿²½» ±® ®»°¿·® ¸¿´´ ¾» «¾³·¬¬»¼ ±² ¿ ÝÑß ¬± ¬¸» ØÐÑ °®·±® ¬± ¬¸» ¾»¹·²²·²¹ ±º ¬¸» ©±®µ ¬± ¼»¬»®³·²» ©¸»¬¸»® ¬¸» ©±®µ ¶»±°¿®¼·¦» ¬¸» ½¸¿®¿½¬»® ±º ¬¸» ¾«·´¼·²¹ ±® ¼·¬®·½¬ò Û¨¿³°´» ±º ®±«¬·²» ³¿·²¬»²¿²½» ©±«´¼ ·²½´«¼»æ ßòп·²¬ Þòλ°¿·®·²¹ ¬¸» ¬®«½¬«®» «·²¹ ´·µ» ³¿¬»®·¿´ ø©±±¼ ©·¬¸ ²»© ©±±¼ô ½±³°±·¬·±² ¸·²¹´» ©·¬¸ ²»© ½±³°±·¬·±² ¸·²¹´»ô »¬½ò÷ Ýòλ°´¿½·²¹ ©·²¼±© ±® ¼±±® ©·¬¸ ´·µ» ³¿¬»®·¿´ ±º ¬¸» ¿³» ·¦» 7-40 Subchapter 7 Development Code ׺ ¬¸» ØÐÑ ¼»¬»®³·²» ¬¸¿¬ ¬¸» ©±®µ ¸±«´¼ ¾» ®»ª·»©»¼ ¾§ ¬¸» ØÔÝô ¬¸»§ ©·´´ °´¿½» ·¬ ±² ¬¸» ²»¨¬ ¿¹»²¼¿ ¿²¼ ²±¬·º§ ¬¸» ¿°°´·½¿²¬ ±º ¬¸» ¬·³» ¿²¼ ¼¿¬» ±º ¬¸» °«¾´·½ ¸»¿®·²¹ò ׺ ¬¸» ØÔÝ ¼»²·» ¬¸» ÝÑßô ¬¸» ¿°°´·½¿²¬ ³¿§ ¿°°»¿´ ¬¸»·® ¼»½··±² ¬± ¬¸» Ü»²¬±² Ý·¬§ ݱ«²½·´ò Appendix A.5 Definitions ß¼¼·¬·±² æ ß ½±²¬®«½¬·±² °®±¶»½¬ °¸§·½¿´´§ ½±²²»½¬»¼ ¬± ¬¸» »¨¬»®·±® ±º ¾«·´¼·²¹ò ß´¬»®¿¬·±² æ ß²§ ½¸¿²¹» ¿ºº»½¬·²¹ ¬¸» »¨¬»®·±® ¿°°»¿®¿²½» ±º ¿² »¨·¬·²¹ ·³°®±ª»³»²¬ ¾§ ¿¼¼·¬·±²ô ®»½±²¬®«½¬·±²ô ®»³±¼»´·²¹ô ±® ³¿·²¬»²¿²½» ·²ª±´ª·²¹ ½¸¿²¹» ·² º±®³ô ¬»¨¬«®»ô ±® ³¿¬»®·¿´ò ÝÑß æ Ý»®¬·º·½¿¬» ±º ß°°®±°®·¿¬»²»å ¿ º±®³ ©¸·½¸ ³«¬ ¾» 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¿´¬»®¿¬·±²ô ¿²¼ ¿¼¼·¬·±² ©¸·´» °®»»®ª·²¹ ¬¸±» °±®¬·±² ±® º»¿¬«®»ô ©¸·½¸ ½±²ª»§ ·¬ ¸·¬±®·½¿´ô ½«´¬«®¿´ô ±® ¿®½¸·¬»½¬«®¿´ ª¿´«»ò 묱®¿¬·±² æ ̸» ¿½¬ ±® °®±½» ±º ¿½½«®¿¬»´§ ®»½±ª»®·²¹ ¬¸» º±®³ô º»¿¬«®» ¿²¼ ½¸¿®¿½¬»® ±º ¿ °®±°»®¬§ ¿ ·¬ ¿°°»¿®»¼ ¿¬ ¿ °¿®¬·½«´¿® °»®·±¼ ±º ¬·³»ô ©¸·½¸ ³¿§ ·²ª±´ª» ¬¸» ®»³±ª¿´ ±º ´¿¬»® ¿¼¼·¬·±² ±® ¿´¬»®¿¬·±²ô ±® ¬¸» ®»°´¿½»³»²¬ ±º ³··²¹ º»¿¬«®»ò Appendix A.6 Secretary of the Interior’s Standards For Rehabilitation ßòß °®±°»®¬§ ¸¿´´ ¾» «»¼ º±® ·¬ ¸·¬±®·½ °«®°±» ±® ¾» °´¿½»¼ ·² ¿ ²»© «» ¬¸¿¬ ®»¯«·®» ³·²·³¿´ ½¸¿²¹» ¬± ¬¸» ¼»º·²·²¹ ½¸¿®¿½¬»®·¬·½ ±º ¬¸» ¾«·´¼·²¹ ¿²¼ ·¬ ·¬» ¿²¼ »²ª·®±²³»²¬ò Þò̸» ¸·¬±®·½ ½¸¿®¿½¬»® ±º ¿ °®±°»®¬§ ¸¿´´ ¾» ®»¬¿·²»¼ ¿²¼ °®»»®ª»¼ò ̸» ®»³±ª¿´ ±º ¸·¬±®·½ ³¿¬»®·¿´ ±® ¿´¬»®¿¬·±² ±º º»¿¬«®» ¿²¼ °¿½» ¬¸¿¬ ½¸¿®¿½¬»®·¦» ¿ °®±°»®¬§ ¸¿´´ ¾» ¿ª±·¼»¼ò ÝòÛ¿½¸ °®±°»®¬§ ¸¿´´ ¾» ®»½±¹²·¦»¼ ¿ ¿ °¸§·½¿´ ®»½±®¼ ±º ·¬ ¬·³»ô °´¿½»ô ¿²¼ «»ò ݸ¿²¹» ¬¸¿¬ ½®»¿¬» ¿ º¿´» »²» ±º ¸·¬±®·½¿´ ¼»ª»´±°³»²¬ô «½¸ ¿ ¿¼¼·²¹ ½±²¶»½¬«®¿´ º»¿¬«®» ±® ¿®½¸·¬»½¬«®¿´ »´»³»²¬ º®±³ ±¬¸»® ¾«·´¼·²¹ô ¸¿´´ ²±¬ ¾» «²¼»®¬¿µ»²ò 7-41 Subchapter 7 Development Code ÜòÓ±¬ °®±°»®¬·» ½¸¿²¹» ±ª»® ¬·³»å ¬¸±» ½¸¿²¹» ¬¸¿¬ ¸¿ª» ¿½¯«·®»¼ ¸·¬±®·½ ·¹²·º·½¿²½» ·² ¬¸»·® ±©² ®·¹¸¬ ¸¿´´ ¾» ®»¬¿·²»¼ ¿²¼ °®»»®ª»¼ò ÛòÜ·¬·²½¬·ª» º»¿¬«®»ô º·²·¸»ô ¿²¼ ½±²¬®«½¬·±² ¬»½¸²·¯«» ±® »¨¿³°´» ±º ½®¿º¬³¿²¸·° ¬¸¿¬ ½¸¿®¿½¬»®·¦» ¿ ¸·¬±®·½ °®±°»®¬§ ¸¿´´ ¾» °®»»®ª»¼ò ÚòÜ»¬»®·±®¿¬»¼ ¸·¬±®·½ º»¿¬«®» ¸¿´´ ¾» ®»°¿·®»¼ ®¿¬¸»® ¬¸¿² ®»°´¿½»¼ò ɸ»®» ¬¸» »ª»®·¬§ ±º ¼»¬»®·±®¿¬·±² ®»¯«·®» ®»°´¿½»³»²¬ ±º ¿ ¼·¬·²½¬·ª» º»¿¬«®»ô ¬¸» ²»© º»¿¬«®» ¸¿´´ ³¿¬½¸ ¬¸» ±´¼ ·² ¼»·¹²ô ½±´±®ô ¬»¨¬«®»ô ¿²¼ ±¬¸»® ª·«¿´ ¯«¿´·¬·» ¿²¼ô ©¸»®» °±·¾´»ô ³¿¬»®·¿´ò λ°´¿½»³»²¬ ±º ³··²¹ º»¿¬«®» ¸¿´´ ¾» «¾¬¿²¬·¿¬»¼ ¾§ ¼±½«³»²¬¿®§ô °¸§·½¿´ô ±® °·½¬±®·¿´ »ª·¼»²½»ò Ùòݸ»³·½¿´ ±® °¸§·½¿´ ¬®»¿¬³»²¬ô «½¸ ¿ ¿²¼¾´¿¬·²¹ô ¬¸¿¬ ½¿«» ¼¿³¿¹» ¬± ¸·¬±®·½ ³¿¬»®·¿´ ¸¿´´ ²±¬ ¾» «»¼ò ̸» «®º¿½» ½´»¿²·²¹ ±º ¬®«½¬«®»ô ·º ¿°°®±°®·¿¬»ô ¸¿´´ ¾» «²¼»®¬¿µ»² «·²¹ ¬¸» ¹»²¬´»¬ ³»¿² °±·¾´»ò ØòÍ·¹²·º·½¿²¬ ¿®½¸»±´±¹·½¿´ ®»±«®½» ¿ºº»½¬»¼ ¾§ ¿ °®±¶»½¬ ¸¿´´ ¾» °®±¬»½¬»¼ ¿²¼ °®»»®ª»¼ò ׺ «½¸ ®»±«®½» ³«¬ ¾» ¼·¬«®¾»¼ô ³·¬·¹¿¬·±² ³»¿«®» ¸¿´´ ¾» «²¼»®¬¿µ»²ò ×òÒ»© ¿¼¼·¬·±²ô »¨¬»®·±® ¿´¬»®¿¬·±²ô ±® ®»´¿¬»¼ ²»© ½±²¬®«½¬·±² ¸¿´´ ²±¬ ¼»¬®±§ ¸·¬±®·½ ³¿¬»®·¿´ ¬¸¿¬ ½¸¿®¿½¬»®·¦» ¬¸» °®±°»®¬§ò ̸» ²»© ©±®µ ¸¿´´ ¾» ¼·ºº»®»²¬·¿¬»¼ º®±³ ¬¸» ±´¼ ¿²¼ ¸¿´´ ¾» ½±³°¿¬·¾´» ©·¬¸ ¬¸» ³¿·²¹ô ·¦»ô ½¿´»ô ¿²¼ ¿®½¸·¬»½¬«®¿´ º»¿¬«®» ¬± °®±¬»½¬ ¬¸» ¸·¬±®·½ ·²¬»¹®·¬§ ±º ¬¸» °®±°»®¬§ ¿²¼ ·¬ »²ª·®±²³»²¬ò ÖòÒ»© ¿¼¼·¬·±² ¿²¼ ¿¼¶¿½»²¬ ±® ®»´¿¬»¼ ²»© ½±²¬®«½¬·±² ¸¿´´ ¾» «²¼»®¬¿µ»² ·² «½¸ ¿ ³¿²²»® ¬¸¿¬ ·º ®»³±ª»¼ ·² ¬¸» º«¬«®»ô ¬¸» »»²¬·¿´ º±®³ ¿²¼ ·²¬»¹®·¬§ ±º ¬¸» ¸·¬±®·½ °®±°»®¬§ ¿²¼ ·¬ »²ª·®±²³»²¬ ©±«´¼ ¾» «²·³°¿·®»¼ò Appendix A.7 Prevalent Architectural Styles in the Bell Avenue Historic Conservation District ß³»®·½¿² ο²½¸ ͬ§´» Ù®±©·²¹ ±«¬ ±º ¬¸» Ó±¼»®² ¬§´»ô ¾«¬ ±©·²¹ ¿ ³«½¸ ¬± ¬¸» »¿®´·»® Þ«²¹¿´±©ô Ю¿·®·» ¿²¼ ݱ¬¬¿¹» ¬§´»ô · ¬¸» ³«½¸ó ³¿´·¹²»¼ ß³»®·½¿² ο²½¸ ͬ§´» ¸±³» øïçíî ¬± °®»»²¬÷ò ̸» ½®·¬·½·³ ««¿´´§ ½±³» º®±³ ¿ ¹»²»®¿¬·±² ¬¸¿¬ ¹®»© «° ·² «¾«®¾ ±º ®¿²½¸ ¸±«»ô ¾«¬ ©¸± · ²±¬ §»¬ ¼·¬¿²¬ »²±«¹¸ ·² ¬·³» ¬± ´±±µ ±¾¶»½¬·ª»´§ ¿¬ ¬¸» º·º¬·» ¬§´»ò ß´¬¸±«¹¸ ±³» ¿§ ο²½¸ ͬ§´» ¸±³» ¸¿ª» ²± ¬§´» ¿¬ ¿´´ô ¬¸· · ²±¬ ¬®«»å ¬¸»®» ©¿ ¿ ª»®§ ½±²½·±« ¿¬¬»³°¬ ¬± »³°¸¿·¦» ¬¸» ¸±®·¦±²¬¿´ ¿²¼ ¬± ½®»¿¬» ¿² ±°»² º´±±® °´¿²ò Ô¿®¹» ®¿²½¸ ¸±³» ³¿§ °®¿©´ îðððóíðð𠯫¿®» º»»¬ ©·¬¸ ®±±³ ¿²¼ ¸¿´´©¿§ º´±©·²¹ ·²¬± ±²» ¿²±¬¸»®ô ¿²¼ ´·¼·²¹ ¹´¿ ¼±±® ±°»²·²¹ ¬¸» ·²¬»®·±® ±º ¬¸» ¸±«» ·²¬± ¬¸» ¾¿½µ °¿¬·±ò ̸» º±®³¿´ ¼·²·²¹ ®±±³ · ³±®» ±º ¿² »¨¬»²·±² ±º ¬¸» µ·¬½¸»² ¿²¼ ´·ª·²¹ ®±±³ ¬¸¿² ¿ »°¿®¿¬» ®±±³ò ̸» ¯«¿´·¬§ ±º ½±²¬®«½¬·±² ·² »ª»² ³±¼»¬ º·º¬·» ®¿²½¸ ¸±«» · ««¿´´§ ¾»¬¬»® ¬¸¿² ·² ¸±«» º®±³ ¬¸» ïçéðùò ̸» º´±±® ¿®» ±º ±¿µ »ª»² ©¸»² ½±ª»®»¼ ©·¬¸ ¿ ½¿®°»¬ô ¬¸» »¨¬»®·±® · ±º ±´·¼ ¾®·½µ ®¿¬¸»® ¬¸¿² ½¸»¿° ½±³°±·¬» ·¼·²¹ô ¾¿¬¸®±±³ ¬·´» ©±®µ · ½±³³±²ò 7-42 Subchapter 7 Development Code ο²½¸ ¬§´» ¸±«» ¸¿ª» ³¿²§ ±º ¬¸»» º»¿¬«®»æ Í·²¹´» ¬±®§ Ô±© °·¬½¸»¼ ¹¿¾´» ®±±º Ü»»°ó»¬ »¿ª» ر®·¦±²¬¿´ô ®¿³¾´·²¹ ´¿§±«¬æ Ô±²¹ô ²¿®®±©ô ¿²¼ ´±© ¬± ¬¸» ¹®±«²¼ 뽬¿²¹«´¿®ô Ô󸿰»¼ô ±® Ë󸿰»¼ ¼»·¹² ߧ³³»¬®·½¿´ Ô¿®¹» ©·²¼±©æ ¼±«¾´»ó¸«²¹ô ´·¼·²¹ô ¿²¼ °·½¬«®» Í´·¼·²¹ ¹´¿ 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°«¾´·½·¦»¼ ·² ³¿¹¿¦·²»ô ¿²¼ ¿ º´±±¼ ±º °¿¬¬»®² ¾±±µ º±´´±©»¼ò ß®½¸·¬»½¬«®¿´ °«®·¬ ¿§ ¬¸¿¬ ¬®«» Þ«²¹¿´±© ®»°®»»²¬ ¬®«½¬«®¿´ ·³°´·½·¬§ô »ºº·½·»²¬ «» ±º °¿½»ô ¿²¼ «²¼»®¬¿¬»¼ ¬§´»ò Ó±¬ ±º ¬¸» ´·ª·²¹ ¿®»¿ · °´¿½»¼ ±² ¬¸» ¹®±«²¼ º´±±®ò Í»ª»²¬§óº·ª» §»¿® ¿º¬»® Þ«²¹¿´±© ¬±±µ ß³»®·½¿ ¾§ ¬±®³ô ¬¸» ¬§´» ®»³¿·² ¿ °±°«´¿® º¿ª±®·¬»ò ̸»» ½±³º±®¬¿¾´» ¿²¼ »´»¹¿²¬ ´·¬¬´» ¸±«» ¿®» °®»ª¿´»²¬ ·² ¬¸» Þ»´´ ߪ»²«» ¿®»¿ò 7-43 Subchapter 7 Development Code Ý®¿º¬³¿² ¬§´» ¾«²¹¿´±© ««¿´´§ ¸¿ª» ¬¸»» º»¿¬«®»æ Ô±©ó°·¬½¸»¼ ®±±º É·¼» »¿ª» ©·¬¸ »¨°±»¼ ®±±º ®¿º¬»® Ü»½±®¿¬·ª» ¾®¿½» б®½¸ ©·¬¸ ¯«¿®» ½±´«³² Ѳ» ±® ±²» ¿²¼ ¿ ¸¿´º ¬±®·» Þ«·´¬ó·² ½¿¾·²»¬ô ¸»´ª»ô ¿²¼ »¿¬·²¹ Ó¿²§ Ý®¿º¬³¿² ¾«²¹¿´±© ¿´± ¸¿ª»æ ͬ±²» ½¸·³²»§ Ù¿¾´»¼ ¼±®³»® Í´±°·²¹ º±«²¼¿¬·±² ݱ´±²·¿´ λª·ª¿´ ݱ´±²·¿´ λª·ª¿´ ¾»½¿³» ¿ °±°«´¿® ß³»®·½¿² ¸±«» ¬§´» ¿º¬»® ·¬ ¿°°»¿®»¼ ¿¬ ¬¸» ïèéê ¬¸» ËÍ Ý»²¬»²²·¿´ Û¨°±·¬·±²ò λº´»½¬·²¹ ß³»®·½¿² °¿¬®·±¬·³ ¿²¼ ¿ ¼»·®» º±® ·³°´·½·¬§ô ¬¸» ݱ´±²·¿´ λª·ª¿´ ¸±«» ¬§´» ®»³¿·²»¼ °±°«´¿® «²¬·´ ¬¸» ³·¼óïçëðò Þ»¬©»»² ɱ®´¼ É¿® × ¿²¼ ××ô ݱ´±²·¿´ λª·ª¿´ ©¿ ¬¸» ³±¬ °±°«´¿® ¸·¬±®·½ ®»ª·ª¿´ ¸±«» ¬§´» ·² ¬¸» ˲·¬»¼ ͬ¿¬»ò ͱ³» ¿®½¸·¬»½¬«®¿´ ¸·¬±®·¿² ¿§ ¬¸¿¬ ݱ´±²·¿´ λª·ª¿´ · ¿ Ê·½¬±®·¿² ¬§´»å ±¬¸»® ¾»´·»ª» ¬¸¿¬ ¬¸» ݱ´±²·¿´ λª·ª¿´ ¬§´» ³¿®µ»¼ ¬¸» »²¼ ±º ¬¸» Ê·½¬±®·¿² °»®·±¼ ·² ¿®½¸·¬»½¬«®»ò ̸» ݱ´±²·¿´ λª·ª¿´ ¬§´» · ¾¿»¼ ´±±»´§ ±² Ú»¼»®¿´ ¿²¼ Ù»±®¹·¿² ¸±«» ¬§´»ô ¿²¼ ¿ ½´»¿® ®»¿½¬·±² ¿¹¿·²¬ »¨½»·ª»´§ »´¿¾±®¿¬» Ê·½¬±®·¿² Ï«»»² ß²²» ¿®½¸·¬»½¬«®»ò Ûª»²¬«¿´´§ô ¬¸» ·³°´»ô §³³»¬®·½¿´ ݱ´±²·¿´ λª·ª¿´ ¬§´» ¾»½¿³» ·²½±®°±®¿¬»¼ ·²¬± ¬¸» Ú±«®¯«¿®» ¿²¼ Þ«²¹¿´±© ¸±«» ¬§´» ±º ¬¸» »¿®´§ î𬸠½»²¬«®§ò ݱ´±²·¿´ λª·ª¿´ ¸±«» ¸¿ª» ³¿²§ ±º ¬¸»» º»¿¬«®»æ ͧ³³»¬®·½¿´ º¿9¿¼» 뽬¿²¹«´¿® î ¬± í ¬±®·» Ù¿¾´» ®±±º Ѫ»®¸¿²¹·²¹ «°°»® ¬±®§ з´´¿® ¿²¼ ½±´«³² Ó«´¬·ó°¿²»ô ¼±«¾´»ó¸«²¹ ©·²¼±© ©·¬¸ ¸«¬¬»® ܱ®³»® 7-44 Subchapter 7 Development Code Ì»³°´»ó´·µ» »²¬®¿²½»æ °±®¬·½± ¬±°°»¼ ¾§ °»¼·³»²¬ п²»´»¼ ¼±±® ©·¬¸ ·¼»´·¹¸¬ ¿²¼ ¬±°°»¼ ©·¬¸ ®»½¬¿²¹«´¿® ¬®¿²±³ ±® º¿²´·¹¸¬ Ý»²¬»® »²¬®§ó¸¿´´ º´±±® °´¿² Û²¬»®¬¿·²·²¹ ®±±³ ±² º·®¬ º´±±® ¿²¼ ¾»¼®±±³ ±² «°°»® º´±±® Ú·®»°´¿½» Ó¿¼» ±º ¾®·½µ ±® ©±±¼ Í·³°´»ô ½´¿·½¿´ ¼»¬¿·´·²¹ Í«¾¬§°» ±º ¬¸» ݱ´±²·¿´ λª·ª¿´ ر«» ͬ§´» Ü«¬½¸ ݱ´±²·¿´ Ì©±ó¬±®§ ¸±«» ³¿¼» ±º ½´¿°¾±¿®¼ ±® ¸·²¹´» ©·¬¸ ¿ ¹¿³¾®»´ ®±±ºô º´¿®»¼ »¿ª»ô ¿²¼ ¿ ·¼»ó»²¬®§ º´±±® °´¿²ò Í°¿²·¸ ݱ´±²·¿´ λª·ª¿´ Ô±©ó°·¬½¸»¼ ½»®¿³·½ ¬·´» ®±±ºô ¬«½½± ©¿´´ô »¿ª» ©·¬¸ ´·¬¬´» ±® ²± ±ª»®¸¿²¹ô ©®±«¹¸¬ ·®±²ô ¿²¼ ©·²¼±© ¿²¼ ¼±±®©¿§ ©·¬¸ ®±«²¼ ¿®½¸»ò 7-45 Exhibit 12 SITE PHOTOS Site from Northwest, along Bell Avenue Site from West, across Bell Avenue Site from Northwest corner of Bell Ave and University Site from Southwest corner of Bell Ave and University AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTZ09-0009 (Denton Nursing Home) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 19.858 acres of land from a Neighborhood Residential 4 (NR-4) to a Neighborhood Residential Mixed Use (NRMU) zoning district. The property is generally located east of Hinkle Drive, 960 feet north of U.S. 380 and 1,285 feet south of Headlee Street and is situated in the Robert Beaumont Survey, Abstract No. A-31, Denton, Texas. (Z09-0009) The Planning and Zoning Commission recommends approval of this request with a restrictive overlay (7-0). BACKGROUND The applicant is requesting this change in zoning in anticipation of development of an Elderly Housing (nursing home) facility. The NR-4 zoning district does not permit Elderly Housing as a use. The site is located within the Existing Land Use Future Land Use Category of the Denton Plan and is currently undeveloped. Public notification information is provided in Exhibit 9. As of this writing, staff has received six (6) property owner responses with four in opposition to the request and two neutral. PRIOR ACTION/REVIEW The following cases involve all or part of the subject property: 1.August, 1981,City Council denied a rezoning request from SF-10 to PD on 19.8 acres for 240 multifamily units and 32 single-family units (Case #Unknown) 2.On February 19, 1985 Council approved a rezoning from SF-10 to Planned Development (PD-95) on 19.8454 acres located at 2100 Hinkle (R Beaumont Survey, Abstract No. 31) for development of a retirement campus with the following land uses: 67 units of single- family attached, 183 multifamily units and a 60 bed Health Care Facility (Z-1724) (Ord. No. 85-62). 3.On January 21, 1992 Council approved a request to rezone 19.8 acres located at 2100 Hinkle Drive (R. Beaumont Survey, Abstract No. 31) from PD-95 to SF-16. (Z91- 019)(Ord. No. 92-011). 4.On January 21, 1992 Council approved a Specific Use Permit (SUP) request on 4.82 acres of the 19.8 acre tract located at 2100 Hinkle Drive (R. Beaumont Survey, Abstract No. 31) for a Personal Health Care Facility (Z91-020/S-200) (Ord. No. 92-012). 5.On June 23, 1992 Council approved an amendment to Z91-020 Ord. No. 92-012 correcting acreage for Z91-020/S-200 from 4.82 acres to 4.857 acres for property located at 2100 Hinkle (R Beaumont Survey, Abstract No. 31) (Z92-013)(Ord. No. 92-099). 6.On February 1, 2002 Council approved a city-wide rezoning. The property located at 2100 Hinkle (R Beaumont Survey, Abstract No. 31) was rezoned from SF-16 to Neighborhood Residential 4 (NR-4). The approved Personal Health Care Facility (Z91- 020/S-200) was never developed and therefore lost its entitlement with the failure to adopt the use prior to the 2002 rezoning (Ord. No. 2002-040). 7.On April 19, 2004 Council denied a rezoning request for 19.8 acres located at 2100 Hinkle (R Beaumont Survey, Abstract No. 31) from NR-4 to Neighborhood Residential Mixed Use 12 (NRMU-12) with a restrictive overlay to prohibit multifamily (Z04-0009). OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny. 4.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends with a restrictive overlay (7-0) approval The Development Review Committee recommends . EXHIBITS 1.Staff Analysis 2.Location Map 3.Floodplain Map 4.Existing Zoning Map 5.Proposed Zoning Map 6.Future Land Use Map 7.Concept Plan (non-binding) 8.Zoning Analysis 9.Notification Information 10.Letter From Applicant 11.November 18, 2009 Planning and Zoning Commission Meeting Minutes 12.Ordinance 2 Prepared by: Erica Marohnic, AICP Senior Planner Respectfully submitted: Mark Cunningham, AICP Director Planning and Development 3 EXHIBIT 1 PLANNING & DEVELOPMENT STAFF ANALYSIS CASE NO.:Z09-0009DATE TO BE CONSIDERED: December 15, 2009 LOCATION: The property is generally located east of Hinkle Drive, 960 feet north of U.S. 380 and 1,285 feet south of Headlee Street and is situated in the Robert Beaumont Survey, Abstract No. A-31, Denton, Texas. APPLICANT: JDJR Engineers & Consultants, Inc. 2500 Texas Drive, Ste. 100 Irving, TX 75062 OWNER: PCK Management c/o Mr. Peter Kern 11636 St. John Road Pilot Point, TX 76258-1054 REQUEST: The applicant is requesting to rezone approximately 19.858 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. RECOMMENDATION: The Planning and Zoning Commission recommends approval of this subject to the zoning amendment request with a restrictive overlay (7-0) following restriction: 1. Uses are limited to Elderly Housing. [P&Z] approval The Development Review Committee recommends . COMPREHENSIVE The subject site has an Existing Land Use future land use designation. PLAN DESIGNATION: SITE AND The property is currently undeveloped. SURROUNDINGS: North: Neighborhood Residential Mixed Use 12 (NRMU-12), Good Samaritan Village. South: Commercial Mixed Use General (CM-G), First Presbyterian Church and Kroger Shopping Center. East: Neighborhood Residential Mixed Use (NRMU), North Texas State Fairgrounds. West: Neighborhood Residential 3 (NR-3), single family residences. BACKGROUND The applicant is requesting to rezone the subject site from a Neighborhood INFORMATION: Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district to allow for an Elderly Housing development on the site. 4 The Environmentally Sensitive Areas (ESAs) Map shows undeveloped floodplain and stream buffer ESAs on the subject property. The limits of the floodplain ESA follow the boundaries of the FEMA floodplain. The stream buffer ESA extends 100 feet in both directions from the centerline of the existing drainage channel. The presence of the ESA and floodplain on the site limits development of the entire 19.858 acre tract. Approximately 4.5 acres are located outside the limits of the floodplain, located at the southwest corner of the site (see Exhibits 3 and 7). A neighborhood meeting was held on Wednesday, October 28, 2009 at the North Lakes Recreation Center. Residents and property owners within 500 feet of the subject site where invited to attend and learn about the rezone proposal. Five (5) people were in attendance. Mr. development of a nursing home and showed a non-binding conceptual site plan for a nursing home at the southwest corner of the site, outside of the floodplain. Concerns included existing traffic on Hinkle Drive, future traffic on Hinkle Drive, noise, noise associated with solid waste collection and ambulances, abatement of noise, existing Code Enforcement issues for the neighborhood to the west side of Hinkle Drive, the design of the future nursing home, location of dumpsters, screening along Hinkle Drive and use of berms and plantings. Discussion was posed by the applicant regarding the ability to have a restrictive overlay to give residents comfort with future development potential on the site. ANALYSIS: Comprehensive Plan The subject site has an Existing Land Use future land use designation. Analysis: The Existing Land Use category is also referred to as the Existing areas, new development should respond to existing development with compatible land uses, patterns and design standards. The plan recommends that existing neighborhoods within the city be vigorously protected and preserved. Housing that is compatible with the existing density, The proposed NRMU zoning district is part of the Neighborhood Residential Land Use category which was created to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land use, patterns and design standards. The proposed NRMU zoning district is consistent with the Existing Land Use designation. 5 Development The Neighborhood Residential zoning districts are meant to preserve and Code/Zoning Analysis protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patters and design standards. This land use has seven (7) zoning districts within its land use category. These include Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4) Neighborhood Residential 6 (NR-6), Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12). The following tables indentify the uses permitted in the NR-4 and the NRMU zoning districts. Those uses highlighted in yellow show differences between the two districts: NR-4 NRMU Residential Land Use Categories ß¹®·½«´¬«®» Ð Ð Ô·ª»¬±½µ Ôøé÷ Ôøé÷ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹ Ð Ò ÍËÐ ß½½»±®§ Ü©»´´·²¹ ˲·¬ Ò Ôøï÷ ߬¬¿½¸»¼ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹ ÍËÐ Ôøìð÷ Ü©»´´·²¹ ß¾±ª» Þ«·²»» Ò Ð Ô·ª»ñɱ®µ ˲·¬ Ò Ð Ü«°´»¨» Ôøí÷ Ò Ý±³³«²·¬§ ر³» Ú±® ¬¸» Ü·¿¾´»¼ Ð Ð Ù®±«° ر³» Ò ÍËÐ ÍËÐ Ó«´¬·óÚ¿³·´§ Ü©»´´·²¹ Ò Ôøì÷ Ó¿²«º¿½¬«®»¼ ر«·²¹ Ò Ò Ü»ª»´±°³»²¬ NR-4 NRMU Commercial Land Use Categories ر³» ѽ½«°¿¬·±² Ð Ð Í¿´» ±º Ю±¼«½¬ Ù®±©² ±² Í·¬» Ò Ò Ø±¬»´ Ò Ð Ó±¬»´ Ò Ò Þ»¼ ¿²¼ Þ®»¿µº¿¬ Ò Ð Î»¬¿·´ Í¿´» ¿²¼ Í»®ª·½» Ò Ôøïé÷ 6 Ó±ª·» ̸»¿¬»® Ò Ò Î»¬¿«®¿²¬ ±® Ю·ª¿¬» Ý´«¾ Ò Ôøïï÷ Ü®·ª»ó¬¸®±«¹¸ Ú¿½·´·¬§ Ò ÍËРЮ±º»·±²¿´ Í»®ª·½» ¿²¼ Ѻº·½» Ò Ôøïé÷ Ï«·½µ Ê»¸·½´» Í»®ª·½·²¹ Ò ÍËÐ Ê»¸·½´» λ°¿·® Ò Ò ß«¬± ¿²¼ ÎÊ Í¿´» Ò Ò Ô¿«²¼®§ Ú¿½·´·¬·» Ò Ð Û¯«»¬®·¿² Ú¿½·´·¬·» Ò Ò Ñ«¬¼±±® λ½®»¿¬·±² Ð ÍËРײ¼±±® λ½®»¿¬·±² Ò Ò Ó¿¶±® Ûª»²¬ Û²¬»®¬¿·²³»²¬ Ò Ò Ý±³³»®½·¿´ п®µ·²¹ Ô±¬ Ò Ò ß¼³·²·¬®¿¬·ª» ±® λ»¿®½¸ Ú¿½·´·¬·» Ò Ôøïì÷ Þ®±¿¼½¿¬·²¹ ±º Ю±¼«½¬·±² ͬ«¼·± Ò Ôøïì÷ Í»¨«¿´´§ Ñ®·»²¬»¼ Þ«·²» Ò Ò Ì»³°±®¿®§ Ë» Ôøíè÷ Ôøíè÷ NR-4 NRMU Industrial Land Use Categories Ю·²¬·²¹ ñ Ы¾´·¸·²¹ Ò Ò Þ¿µ»®·» Ò Ôøîï÷ Ó¿²«º¿½¬«®» ±º Ò±²ó±¼±®·º»®±« Ò Ò Ú±±¼ Ú»»¼ Ô±¬ Ò Ò Ú±±¼ Ю±½»·²¹ Ò Ò Ô·¹¸¬ Ó¿²«º¿½¬«®·²¹ Ò Ò Ø»¿ª§ Ó¿²«º¿½¬«®·²¹ Ò Ò É¸±´»¿´» Í¿´» Ò Ò É¸±´»¿´» Ò«®»®·» Ò Ò Ü·¬®·¾«¬·±² Ý»²¬»® Ò Ò 7 ɸ±´»¿´» ͬ±®¿¹» ¿²¼ Ü·¬®·¾«¬·±² Ò Ò Í»´ºó»®ª·½» ͬ±®¿¹» Ò Ò Ý±²¬®«½¬·±² Ó¿¬»®·¿´ Í¿´» Ò Ò Ö«²µ Ç¿®¼ ¿²¼ ß«¬± É®»½µ·²¹ Ò Ò É®»½µ»® Í»®ª·½» ¿²¼ ׳°±«²¼ Ô±¬ Ò Ò Õ»²²»´ Ò Ò Ê»¬»®·²¿®§ Ý´·²·½ Ò Ð Í¿²·¬¿®§ Ô¿²¼º·´´ô ݱ³³»®½·¿´ Ò Ò ×²½·²»®¿¬±®ô Ì®¿²º»® ͬ¿¬·±² ÍËÐ ÍËÐ Ù¿ É»´´ Ôøîé÷ Ôøîé÷ NR-4 NRMU Institutional Land Use Categories Þ¿·½ ˬ·´·¬·» Ôøîë÷ Ôøîë÷ ݱ³³«²·¬§ Í»®ª·½» Ò Ð Ð¿®µ ¿²¼ Ñ°»² Í°¿½» РРݸ«®½¸» Ð Ð Í»³·ó°«¾´·½ô Ø¿´´ô Ý´«¾ô ¿²¼ ÍËÐ Ð Ô±¼¹» Þ«·²» ñ Ì®¿¼» ͽ¸±±´ Ò Ôøïì÷ ß¼«´¬ ±® ݸ·´¼ Ü¿§ Ý¿®» ÍËÐ Ð Õ·²¼»®¹¿®¬»²ô Û´»³»²¬¿®§ ͽ¸±±´ ÍËÐ Ð Ó·¼¼´» ͽ¸±±´ Ò Ð Ø·¹¸ ͽ¸±±´ Ò ÍËРݱ´´»¹» Ò Ò Ø±°·¬¿´ Ò Ò Û´¼»®´§ ر«·²¹ Ò Ð Ó»¼·½¿´ Ý»²¬»® Ò Ð Ý»³»¬»®·» Ò Ò Ó±®¬«¿®·» Ò Ò 8 ÒÎóì ÒÎÓË General Regulations Ó·²·³«³ ´±¬ ¿®»¿ ø¯«¿®» º»»¬÷ éôððð îôëðð Ó·²·³«³ ´±¬ ©·¼¬¸ ë𠺻»¬ î𠺻»¬ Ó·²·³«³ ´±¬ ¼»°¬¸ è𠺻»¬ ë𠺻»¬ î𠺻»¬ Ó·²·³«³ º®±²¬ §¿®¼ »¬¾¿½µ Ò±²» Ôøî÷ Ó·²·³«³ ·¼» §¿®¼ ê º»»¬ ê º»»¬ Ó·²·³«³ ·¼» §¿®¼ ¿¼¶¿½»²¬ ¬± ¿ ï𠺻»¬ Ò±²» ¬®»»¬ Ó·²·³«³ ®»¿® §¿®¼ ï𠺻»¬ Ò±²» ̸» º±´´±©·²¹ ´·³·¬ ¿°°´§ ¬± «¾¼·ª··±² ±º ³±®» ¬¸¿² î ¿½®» ·² ´·»« ±º ³·²·³«³ ´±¬ ·¦» ¿²¼ ¼·³»²·±² ®»¯«·®»³»²¬æ ÒÎóì ÒÎÓË General Regulations Ó¿¨·³«³ ¼»²·¬§ô ¼©»´´·²¹ «²·¬ °»® ì íð ¿½®» Ó·²·³«³ ·¼» §¿®¼ º±® ²±²ó¿¬¬¿½¸»¼ ë º»»¬ ïî º»»¬ ¾«·´¼·²¹ ̸» º±´´±©·²¹ ´·³·¬ ¿°°´§ ¬± ¿´´ ¾«·´¼·²¹æ ÒÎóì ÒÎÓË General Regulations Ó¿¨·³«³ ´±¬ ½±ª»®¿¹» êðû èðû Ó·²·³«³ ´¿²¼½¿°»¼ ¿®»¿ ìðû îðû Ó¿¨·³«³ ¾«·´¼·²¹ ¸»·¹¸¬ ì𠺻»¬ êë º»»¬ ï𠺻»¬ î𠺻»¬ °´« ï °´« ï º±±¬ º±® º±±¬ º±® »¿½¸ »¿½¸ Ó·²·³«³ §¿®¼ ©¸»² ¿¾«¬¬·²¹ ¿ º±±¬ ±º º±±¬ ±º ·²¹´»óº¿³·´§ «» ±® ¼·¬®·½¬ ¾«·´¼·²¹ ¾«·´¼·²¹ ¸»·¹¸¬ ¸»·¹¸¬ ¿¾±ª» ¿¾±ª» î𠺻»¬ î𠺻»¬ The following are limitations referenced in the use chart for the NR-4 and NRMU districts: ñ ã ß½½»±®§ ¼©»´´·²¹ «²·¬ ¿®» °»®³·¬¬»¼ô «¾¶»½¬ ¬± ¬¸» º±´´±©·²¹ ¿¼¼·¬·±²¿´ ½®·¬»®·¿ ̸» °®±°±¿´ ³«¬ ½±²º±®³ ©·¬¸ ¬¸» ±ª»®¿´´ ³¿¨·³«³ ´±¬ ½±ª»®¿¹» ¿²¼ »¬¾¿½µ ®»¯«·®»³»²¬ ±º ¬¸» «²¼»®´§·²¹ ¦±²»ò ̸» ³¿¨·³«³ ²«³¾»® ±º ¿½½»±®§ ¼©»´´·²¹ «²·¬ ¸¿´´ ²±¬ »¨½»»¼ ï °»® ´±¬ò 9 ̸» ³¿¨·³«³ ¹®± ¸¿¾·¬¿¾´» º´±±® ¿®»¿ øÙØÚß÷ ±º ¬¸» ¿½½»±®§ ®»·¼»²¬·¿´ ¬®«½¬«®» ¸¿´´ ²±¬ »¨½»»¼ ëðû ±º ¬¸» ÙØÚß ±º ¬¸» °®·³¿®§ ®»·¼»²½» ±² ¬¸» ´±¬ô ¿²¼ ¸¿´´ ²±¬ »¨½»»¼ ïððð ¯ò º¬ò ÙØÚß «²´» ¬¸» ´±¬ ³»»¬ ¬¸» ®»¯«·®»³»²¬ ±º Ôøï÷òëò Ѳ» ¿¼¼·¬·±²¿´ °¿®µ·²¹ °¿½» ¸¿´´ ¾» °®±ª·¼»¼ ¬¸¿¬ ½±²º±®³ ¬± ¬¸» ±ººó¬®»»¬ °¿®µ·²¹ °®±ª··±² ±º ¬¸· ݸ¿°¬»®ò ̸» ³¿¨·³«³ ¹®± ¸¿¾·¬¿¾´» º´±±® ¿®»¿ øÙØÚß÷ ±º ¬¸» ¿½½»±®§ ®»·¼»²¬·¿´ ¬®«½¬«®» ¸¿´´ ²±¬ »¨½»»¼ ëðû ±º ¬¸» ÙØÚß ±º ¬¸» °®·³¿®§ ®»·¼»²½» ±² ¬¸» ´±¬ô ©¸»®» ¬¸» ´±¬ ·¦» · »¯«¿´ ¬± ±® ¹®»¿¬»® ¬¸¿² ¬»² ¿½®» ·² ·¦»ò ß² ÍËÐ · ²±¬ ®»¯«·®»¼ º±® «½¸ ¿² ¿½½»±®§ ®»·¼»²¬·¿´ ¬®«½¬«®» ©¸»®» ¬¸» ´±¬ ·¦» · »¯«¿´ ¬± ±® ¹®»¿¬»® ¬¸¿² ¬»² ¿½®»ò ñ ã ײ °¿®¬ ±º ¿ «¾¼·ª··±² ±º î ¿½®» ±® ³±®»ô «° ¬± î «²·¬ ³¿§ ¾» ¿¬¬¿½¸»¼ ¾§ ¿ ½±³³±² ©¿´´ ·º ¬¸» ´±¬ ©¸·½¸ ½±²¬¿·² ¬¸» ¿¬¬¿½¸»¼ ¬®«½¬«®» ¼± ²±¬ ¿¾«¬ ¬¸» °»®·³»¬»® ´±¬ ´·²» ±º ¿ «¾¼·ª··±²ô ¬¸» ·²¼·ª·¼«¿´ ½±³³±² ©¿´´ «²·¬ ¿®» ±² »°¿®¿¬» ´±¬ ¼»·¹²»¼ ¬± ¾» ±´¼ ·²¼·ª·¼«¿´´§ô ¿²¼ ¬¸»§ ½±³°´§ ©·¬¸ ¬¸» Í«¾½¸¿°¬»® ïíò ß¼¼·¬·±²¿´´§ô «²·¬ ³«¬ ¸¿ª» ¬¸» ¿°°»¿®¿²½» ±º ¿ ·²¹´» º¿³·´§ ®»·¼»²½» º®±³ ¬¸» ¬®»»¬ò ñ ã Ó«´¬·óº¿³·´§ · °»®³·¬¬»¼ ±²´§æ É·¬¸ ¿ Í°»½·º·½ Ë» л®³·¬å ±® ß °¿®¬ ±º ¿ Ó·¨»¼óË» Ü»ª»´±°³»²¬å ±® ß °¿®¬ ±º ¿ Ó¿¬»® д¿² Ü»ª»´±°³»²¬ô Û¨·¬·²¹å ±® ׺ ¬¸» ¼»ª»´±°³»²¬ ®»½»·ª»¼ ¦±²·²¹ ¿°°®±ª¿´ ¿´´±©·²¹ ³«´¬·óº¿³·´§ «» ©·¬¸·² ±²» §»¿® °®·±® ¬± ¬¸» »ºº»½¬·ª» ¼¿¬» ±º Ñ®¼·²¿²½» Ò±ò Áîððëóîîìå ±® ׺ ¿´´±©»¼ ¾§ ¿ Ý·¬§ ݱ«²½·´ ¿°°®±ª»¼ ²»·¹¸¾±®¸±±¼ ø³¿´´ ¿®»¿÷ °´¿²ò ñ ã Ô·³·¬»¼ ¬± ¬©± øî÷ ¿²·³¿´ ±² °¿®½»´ ±²» øï÷ ¬± ¬¸®»» øí÷ ¿½®» ·² ·¦»ò ß¼¼·¬·±²¿´ ¿²·³¿´ ³¿§ ¾» ¿¼¼»¼ ¿¬ ¿ ®¿¬» ±º ±²» °»® »¿½¸ ¿½®» ±ª»® ¬¸®»»ò ¼®·ª» «° »®ª·½» °»®³·¬¬»¼ò Ô·³·¬»¼ ¬± ²± ñ ã Ô·³·¬»¼ ¬± ·¬ ¼±©² ±²´§ô ¿²¼ ²± ³±®» ¬¸¿² ïðð »¿¬ ¿²¼ ²± ³±®» ¬¸¿² ìôðð𠯫¿®» º»»¬ ±º ®»¬¿«®¿²¬ ¿®»¿ò ñ ã Ë» ¿®» ´·³·¬»¼ ¬± ²± ³±®» ¬¸¿² ïðôðð𠯫¿®» º»»¬ ±º ¹®± º´±±® ¿®»¿ò ñ ã Ë» ¿®» ´·³·¬»¼ ¬± ²± ³±®» ¬¸¿² îëôðð𠯫¿®» º»»¬ ±º ¹®± º´±±® ¿®»¿ °»® «»ô »¨½»°¬ ¹®±½»®§ ¬±®» ³¿§ ¾» ´¿®¹»® ©·¬¸ ¿°°®±ª¿´ ±º ¿² ÍËÐò ñ ã Þ¿µ»®§ ¿²¼ ¾±¬¬´·²¹ ¿®»¿ ²±¬ ¬± »¨½»»¼ îôëð𠯫¿®» º»»¬ò Í¿´» ±² °®»³·» ±º °®±¼«½¬ °®±¼«½»¼ ®»¯«·®»¼ ·² ¬¸· ¦±²» ñ ã ׺ °®±°±»¼ «» · ©·¬¸·² îð𠺻»¬ ±º ¿ ®»·¼»²¬·¿´ ¦±²»ô ¿°°®±ª¿´ · «¾¶»½¬ ¬± ¿ Í°»½·º·½ Ë» л®³·¬ò ñ ã Ó«¬ ½±³°´§ ©·¬¸ ¬¸» °®±ª··±² ±º Í«¾½¸¿°¬»® èçô Ù¿ É»´´ Ü®·´´·²¹ ¿²¼ Ю±¼«½¬·±²ò In addition to higher maximum density, floor area ratio and less restrictive setbacks, the NRMU district allows a greater variety of housing options than the NR-4 district. Some commercial and office uses are permitted in the NRMU district with limitations. Industrial uses remain prohibited and Institutional uses such as Halls and Lodges, Adult and Child Day Care Centers, Educational Facilities such as Elementary and Middle Schools and Elderly Housing and Medical Centers are permitted, some with limitations. An analysis using GIS to determine the availability of land zoned NRMU within the Denton city limits resulted in 1,126.37 acres of land zoned NRMU. Of those 1,126.37 acres, 811.98 acres are developed and 121.85 acres are undeveloped (Exhibit 8). 10 DEPARTMENT AND The Development Review Committee has reviewed this rezoning request AGENCY REVIEW: and provided comments and general information. All comments have been addressed. FINDINGS: Pursuant to Section 35.3.4.B of the DDC, a zoning amendment shall be approved only when the following standards are met: The proposed rezoning conforms to the Future Land Use element of the Denton Plan. The proposed NRMU zoning district is consistent with the Future Land Use designation of Existing Land Use as defined in the Denton Plan. Other uses located east of Hinkle Drive and north of University Drive include strip shopping centers, churches, an elderly care facility and state fair grounds. Given the location of the site and the types of uses located along immediately adjacent, the proposed rezone would be appropriate for this site. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks and other public requirements and public convenience. The provision of adequate public facilities for this proposal was reviewed by the Development Review Committee during the review period. DRC Engineering has determined that adequate public facilities exist to serve this development. 11 EXHIBIT 2 LOCATION MAP SITE 12 EXHIBIT 3 FLOODPLAIN MAP SITE ͬ®»¿³ Þ«ºº»® Ú´±±¼°´¿·² 13 EXHIBIT 4 EXISTING ZONING MAP SITE SITE 14 EXHIBIT 5 PROPOSED ZONING MAP NRMU-12 NRMU-12 NR-3 SITE NRMU NRMU NR-3 CM-G 15 EXHIBIT 6 FUTURE LAND USE MAP SITE 16 EXHIBIT 8 ZONING ANALYSIS EXHIBIT 9 NOTIFICATION INFORMATION Public Notification Date: 11/06/09 In Opposition: 4 In Favor: 0 Neutral: 2 19 20 21 22 23 24 EXHIBIT 10 LETTER FROM APPLICANT 25 26 AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTZ06-0033 (Corinth South Substation) Hold a public hearing and consider the adoption of an ordinance of the City of Denton, Texas, providing for a zoning change on approximately 5.961 acres of land from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation and a Rural Residential 5 (RD-5) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for property located at the northwest corner of Teasley Lane and Old Alton Road, and situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (Z06-0033). The Planning and Zoning Commission recommends approval of this request (7-0). BACKGROUND The property owner (ONCOR Electric Delivery) is requesting to rezone the subject site to allow the anticipated load on the existing Corinth Substation will be 150% of capacity by 2010. To avoid outages in the area, a new electrical substation is required (Refer to Exhibit 9). An electrical substation requires approval of a Specific Use Permit (SUP) when located in the NRMU district. Case number S06-0012, a request for approval of an SUP for an electrical substation, is the companion application to this rezoning case. Public notification information is provided in Exhibit 8. The Planning Department sent out nine (9) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet. As of this writing, staff has received two (2) property owner responses in favor to the proposed rezoning. PRIOR ACTION/REVIEW The Zoning Board of Adjustment denied an appeal of an administrative decision regarding the enforcement of the Tree Preservation Code on January 28, 2008. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny 4.Postpone consideration. 5.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends of the request (7-0). approval The Development Review Committee recommends . EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.Proposed Zoning Map 5.Future Land Use Map 6.NRMU Land Use Analysis 7.P&Z Meeting Minutes 8.Notification information 9.Letter From Applicant 10.Zoning Exhibit 11.Proposed Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 ìðûîîóîõ ø÷ìûêèï÷îè éèûöö ûîûðãéóé CASE NODATE TO BE CONSIDERED : Z06-0033 : December 15, 2009 LOCATION : The subject property is located at the southwest corner of Teasley Lane (F.M. 2181) and Old Alton Road. APPLICANT: Dallas Cothrum Masterplan 900 Jackson, Suite 640 Dallas, TX 75202 OWNER: TXU Electric Delivery Company P.O. Box 219071 Dallas, TX 75221 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, providing for a zoning change on approximately 5.961 acres of land from a Neighborhood Residential 2 (NR-2) zoning district and Rural Residential (RD-5) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property is located at the southwest corner of Teasley Lane (F.M. 2181) and Old Alton Road. STAFF RECOMMENDATION:approval The Development Review Committee recommends of this zoning request. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Center The subject site is located within a future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Neighborhood Residential 2 (NR-2) undeveloped. South: Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed Use (NRMU) and Extra Territorial Jurisdiction (ETJ) undeveloped East: Neighborhood Residential 2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) Guyer High School and undeveloped West: Neighborhood Residential Mixed Use (NRMU) undeveloped BACKGROUND INFORMATION: The subject site consists of two tracts of land, one which is zoned Rural Residential (RD-5) and one which is zoned Neighborhood Residential 2 (NR-2). The applicant is proposing to extend the existing NRMU district which is located to the west and south onto this site. Section 35.5.2 of the Denton Development Code (DDC) allows basic utilities within the NRMU district with limitation -feet of residential zone, approval is sub Case No. S06-0012, a request for an SUP for an electrical substation, is the companion application to this rezoning application. ANALYSIS: Comprehensive Plan Analysis: Neighborhood Centers The subject property is located within a future land use designation. Existing Land Use/Infill Compatibility is described in the Denton Plan as the following: Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed use and mixed housing types will be allowed to These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision of The proposed Neighborhood Residential Mixed Use District (NRMU), which allows a mix of residential uses and low impact commercial uses, is consistent with the Neighborhood Centers Land Use category. The Denton Plan sets a limit of 10 acres of NRMU within a one- mile radius. A GIS analysis of NRMU zoning districts indicates that there are 5.84 acres of land zoned NRMU within a one-mile radius of the site (Exhibit 6). Development Code/ Zoning Analysis: The following tables identify the differences in the uses permitted in the RD-5, NR-2 and the NRMU zoning districts: Residential Land Use Categories NR-2 NRMU RD-5 Ô·ª»¬±½µ Ôøé÷ Ôøé÷ Ôøé÷ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹ Ð Ò Ð ÍËÐ ß½½»±®§ Ü©»´´·²¹ ˲·¬ Ò Ð Ôøï÷ ߬¬¿½¸»¼ Í·²¹´» Ú¿³·´§ Ü©»´´·²¹ Ò Ôøìð÷ Ò Ü©»´´·²¹ ß¾±ª» Þ«·²»» Ò Ð Ò Ô·ª»ñɱ®µ ˲·¬ Ò Ð Ð Ù®±«° ر³» Ò ÍËÐ ÍËÐ ÍËÐ Ó«´¬·óÚ¿³·´§ Ü©»´´·²¹ Ò Ò Ôøì÷ Ó¿²«º¿½¬«®»¼ ر«·²¹ Ü»ª»´±°³»²¬ Ð ÍËÐ Ò Commercial Land Use Categories NR-2 NRMU ÎÜóë Í¿´» ±º Ю±¼«½¬ Ù®±©² ±² Í·¬» Ò Ò Ð Ø±¬»´ Ò Ð Ò Þ»¼ ¿²¼ Þ®»¿µº¿¬ Ò Ð Ôøïð÷ λ¬¿·´ Í¿´» ¿²¼ Í»®ª·½» Ò Ôøïé÷ Ò Î»¬¿«®¿²¬ ±® Ю·ª¿¬» Ý´«¾ Ò Ôøïï÷ Ò Ü®·ª»ó¬¸®±«¹¸ Ú¿½·´·¬§ Ò ÍËÐ Ò Ð®±º»·±²¿´ Í»®ª·½» ¿²¼ Ѻº·½» Ò Ôøïé÷ Ò Ï«·½µ Ê»¸·½´» Í»®ª·½·²¹ Ò ÍËÐ Ò Ô¿«²¼®§ Ú¿½·´·¬·» Ò Ð Ò Û¯«»¬®·¿² Ú¿½·´·¬·» Ð ÍËÐ Ò Ñ«¬¼±±® λ½®»¿¬·±² Ð ÍËÐ Ð ß¼³·²·¬®¿¬·ª» ±® λ»¿®½¸ Ú¿½·´·¬·» Ò Ôøïì÷ ÍËÐ Þ®±¿¼½¿¬·²¹ ±º Ю±¼«½¬·±² ͬ«¼·± Ò Ôøïì÷ ÍËÐ Ì»³°±®¿®§ Ë» Ôøíè÷ Ôøíè÷ Ôøíè÷ Industrial Land Use Categories NR-2 NRMU ÎÜóë Ю·²¬·²¹ ñ Ы¾´·¸·²¹ Ò Ò Ð Þ¿µ»®·» Ò Ôøîï÷ Ò Ó¿²«º¿½¬«®» ±º Ò±²ó±¼±®·º»®±« Ú±±¼ Ò Ò Ð Ú»»¼ Ô±¬ Ò Ò Ð Ø»¿ª§ Ó¿²«º¿½¬«®·²¹ Ò Ò Ð É¸±´»¿´» Í¿´» Ò Ò Ð Õ»²²»´ Ôøíé÷ Ò Ò Ê»¬»®·²¿®§ Ý´·²·½ Ôøïì÷ Ð Ð Í¿²·¬¿®§ Ô¿²¼º·´´ô ݱ³³»®½·¿´ Ò Ò Ò ×²½·²»®¿¬±®ô Ì®¿²º»® ͬ¿¬·±² ÍËÐ Ù¿ É»´´ Ôøîé÷ Ôøîé÷ Ôøîé÷ ÎÜóë NR-2 NRMU Institutional Land Use Categories Þ¿·½ ˬ·´·¬·» Ôøîë÷ Ôøîë÷ Рݱ³³«²·¬§ Í»®ª·½» Ò Ð Ò Í»³·ó°«¾´·½ô Ø¿´´ô Ý´«¾ô ¿²¼ Ô±¼¹» ÍËÐ Ð Ò Þ«·²» ñ Ì®¿¼» ͽ¸±±´ Ò Ôøïì÷ Ò ß¼«´¬ ±® ݸ·´¼ Ü¿§ Ý¿®» ÍËÐ Ð Ð Õ·²¼»®¹¿®¬»²ô Û´»³»²¬¿®§ ͽ¸±±´ ÍËÐ Ð Ð Ó·¼¼´» ͽ¸±±´ Ò Ð Ò Ø·¹¸ ͽ¸±±´ Ò Ò ÍËÐ Û´¼»®´§ ر«·²¹ Ò Ò Ð Ó»¼·½¿´ Ý»²¬»® Ò Ð Ò The following are general regulations for the RD-5, NR-2 and NRMU Districts: ÎÜóë ÒÎóî ÒÎÓË Ù»²»®¿´ λ¹«´¿¬·±² Ó·²·³«³ ´±¬ ¿®»¿ ø¯«¿®» º»»¬÷ ïêôððð îôëðð ë ¿½®» Ó·²·³«³ ´±¬ ©·¼¬¸ è𠺻»¬ î𠺻»¬ îð𠺻»¬ Ó·²·³«³ ´±¬ ¼»°¬¸ ïð𠺻»¬ ë𠺻»¬ îë𠺻»¬ Ó·²·³«³ º®±²¬ §¿®¼ »¬¾¿½µ î𠺻»¬ Ò±²» ë𠺻»¬ Ó·²·³«³ ·¼» §¿®¼ ê º»»¬ ê º»»¬ ï𠺻»¬ Ó·²·³«³ ·¼» §¿®¼ ¿¼¶¿½»²¬ ¬± ¿ ¬®»»¬ ï𠺻»¬ Ò±²» ë𠺻»¬ ï𠺻»¬ô °´« ï º±±¬ º±® »¿½¸ º±±¬ ±º Ó·²·³«³ ®»¿® §¿®¼ ï𠺻»¬ Ò±²» ¾«·´¼·²¹ ¸»·¹¸¬ ±ª»® î𠺻»¬ The following limits apply to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements: ÎÜóë ÒÎóî ÒÎÓË Ù»²»®¿´ λ¹«´¿¬·±² ðòî Ó¿¨·³«³ ¼»²·¬§ô ¼©»´´·²¹ «²·¬ °»® ¿½®» î íð Ó·²·³«³ ·¼» §¿®¼ º±® ²±²ó¿¬¬¿½¸»¼ í𠺻»¬ ï𠺻»¬ ïî º»»¬ ¾«·´¼·²¹ The following limits apply to all buildings: ÎÜóë ÒÎóî ÒÎÓË Ù»²»®¿´ λ¹«´¿¬·±² ïëû Ó¿¨·³«³ ´±¬ ½±ª»®¿¹» íðû èðû éëû Ó·²·³«³ ´¿²¼½¿°»¼ ¿®»¿ éðû îðû êë º»»¬ Ó¿¨·³«³ ¾«·´¼·²¹ ¸»·¹¸¬ ì𠺻»¬ êë º»»¬ ï𠺻»¬ î𠺻»¬ °´« ï °´« ï º±±¬ º±® º±±¬ º±® »¿½¸ »¿½¸ Ó·²·³«³ §¿®¼ ©¸»² ¿¾«¬¬·²¹ ¿ ·²¹´»ó Ò±²» º±±¬ ±º º±±¬ ±º º¿³·´§ «» ±® ¼·¬®·½¬ ¾«·´¼·²¹ ¾«·´¼·²¹ ¸»·¹¸¬ ¸»·¹¸¬ ¿¾±ª» ¿¾±ª» î𠺻»¬ î𠺻»¬ Ó·²·³«³ §¿®¼ ©¸»² ¿ «» ±¬¸»® ¬¸¿² Ò±²» Òñß Òñß ·²¹´» º¿³·´§ ¿¾«¬ ¿ ®»·¼»²¬·¿´ ¦±²» The following define the limitations to zoning uses when the zoning matrix identify a use as permitted, but limited L(1) = Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed 1 per lot. 3.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One additional parking space shall be provided that conforms to the off-street parking provisions of this Chapter. 5.The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. L(4) = Multi-family is permitted only: 1.With a Specific Use Permit; or 2.As part of a Mixed-Use Development; or 3.As part of a Master Plan Development, Existing; or 4.If the development received zoning approval allowing multi-family use within one year prior to the effective date of Ordinance No. _2005-224; or 5.If allowed by a City Council approved neighborhood (small area) plan. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one per each acre over three. L(10) = All restrictions of L(8), but limited to no more than 5 guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than 100 seats and no more than 4,000 square feet of restaurant area L(14) = Uses are limited to no more than 10,000 square feet of gross floor area. L(17) = Uses are limited to no more than 25,000 square feet of gross floor area per use, except grocery stores may be larger with approval of an SUP. L(21) = Bakery and bottling areas not to exceed 2,500 square feet. Sales on premises of products produced required in this zone L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L (37) = 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L (38) = Must meet the requirements of Section 35.12.9. L (40) =Limited to a maximum 12 units per acre. The RD-5 district is primarily a residential district which includes some commercial uses appropriate for a rural setting such as sales of products grown on site, equestrian facilities, feed lots, kennels and veterinary clinics. The NR-2 zoning district is primarily a residential use district. By contrast, NRMU district is a mixed use district which incorporates a wider variety of residential types with retail and commercial services and office uses. An NRMU district is located on both the southeast and west side of the subject site. This proposed rezoning would be an extension of those two sites. As noted previously, a GIS analysis of NRMU zoning districts indicated that there are 5.84 acres of land zoned NRMU within a one-mile radius of the site. DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this rezoning request and provided comments and general information. All comments have been addressed. FINDINGS: Pursuant to subsection 35.3.4.B of the DDC, a zoning amendment shall be approved only when the following standards are met: The proposed rezoning conforms to the Future Land Use 1. element of the Denton Plan. The proposed NRMU zoning district is consistent with the Future Land Use designation of Neighborhood Centers as defined in the Denton Comprehensive Plan. The proposed rezoning facilitates the adequate provision of 2. transportation, water, sewers, schools, parks, other public requirements and public convenience. The provision of adequate public facilities for this proposal was reviewed by the Development Review Committee. The site will have no need for water and sewer service with the exception of landscape irrigation. A water line will be extended to the site to serve this purpose. EXHIBIT 2 LOCATION MAP EXHIBIT 3 EXISTING ZONING MAP EXHIBIT 4 PROPOSED ZONING MAP EXHIBIT 5 FUTURE LAND USE MAP EXHIBIT 6 NRMU ZONING ANALYSIS 5.84 acres of land zoned NRMU within a one mile radius . ÛÈØ×Þ×Ì é EXHIBIT 8 NOTIFICATION INFORMATION íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË EXHIBIT 9 LETTER FROM APPLICANT EXHIBIT 11 PROPOSED ORDINANCE ̸· °¿¹» ´»º¬ ¾´¿²µ ·²¬»²¬·±²¿´´§ò AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTS06-0012 (Corinth South Substation) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow an electrical substation on approximately 5.961 acres of land, generally located at the northwest corner of Teasley Lane and Old Alton Road, and is situated in the J.C. Baker Survey, Abstract No. 47, in the City of Denton, Denton County, Texas (S06-0012). The Planning and Zoning Commission recommends approval of this request (7-0). BACKGROUND The property owner (ONCOR Electric Delivery) is requesting a Specific Use Permit (SUP) for an electrical substation. Case number Z06-0033, a request to rezone approximately 5.961 acres of land from a Neighborhood Residential 2 (NR-2) zoning district and Rural Residential (RD-5) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district, is the companion application to this rezoning application. that the anticipated load on the existing Corinth Substation will be 150% of capacity by 2010. To avoid outages in the area, a new electrical substation is required (Refer to in Exhibit 6). Pursuant to Subsection 35.5.2 of the Denton Development Code (DDC) an electrical substation requires approval of an SUP when located in the NRMU district. Public notification information is provided in Exhibit 5. The Planning Department sent out nine (9) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet. As of this writing, staff has received two (2) property owner responses in favor of the requested SUP. OPTIONS 1.Approve as submitted. 2.Approve subject to conditions. 3.Deny 4.Postpone consideration. 5.Table item. RECOMMENDATION approval The Planning and Zoning Commission recommends Specific Use Permit request (7-0) as shown in Exhibits 7 and 8. approval The Development Review Committee recommends of this rezoning request as shown in Exhibits 7 and 8. EXHIBITS 1.Staff Analysis 2.Location Map 3.Existing Zoning Map 4.P&Z Minutes 5.Notification information 6.Letter From Applicant 7.Site Plan 8.Landscape Plan (2 pages) 9.Proposed Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 ìðûîîóîõ ø÷ìûêèï÷îè éèûöö ûîûðãéóé CASE NODATE TO BE CONSIDERED : S06-0012 : December 15, 2009 LOCATION : The subject property is located at the southwest corner of Teasley Lane (F.M. 2181) and Old Alton Road. APPLICANT: Dallas Cothrum Masterplan 900 Jackson, Suite 640 Dallas, TX 75202 OWNER: TXU Electric Delivery Company P.O. Box 219071 Dallas, TX 75221 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit to allow an electrical substation on approximately 5.961 acres. The subject site is proposed to be zoned Neighborhood Residential Mixed Use (NRMU) zoning district. The subject property is located at the southwest corner of Teasley Lane (F.M. 2181) and Old Alton Road. STAFF RECOMMENDATION:approval The Development Review Committee recommends of this zoning request. COMPREHENSIVE PLAN DESIGNATION: Neighborhood Center The subject site is located within a future land use designation. SITE AND SURROUNDINGS: The property is currently undeveloped. North: Neighborhood Residential 2 (NR-2) undeveloped. South: Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed Use (NRMU) and Extra Territorial Jurisdiction (ETJ) undeveloped East: Neighborhood Residential 2 (NR-2) and Neighborhood Residential Mixed Use (NRMU) Guyer High School and undeveloped West: Neighborhood Residential Mixed Use (NRMU) undeveloped BACKGROUND INFORMATION: The applicant is requesting approval of an SUP for an electrical substation. Section 35.5.2 of the Denton Development Code (DDC) allows basic utilities within the NRMU district with 200-feet of residential zone, approval is subject to a Specific Use The applicant is proposing to build an electrical substation on the with the companion zoning request, Case No. Z06-0033, the population growth experienced in North Texas has created a strain on the ability for the utility to provide electricity as is needed. By 2010, the projected load on the existing Corinth substation will exceed 150% of capacity. This substation is vital in order to both current and future electrical needs of this region. (Please refer to Exhibit 6 for more information.) ANALYSIS: Comprehensive Plan Analysis: Neighborhood Centers The subject property is located within a future land use designation. Existing Land Use/Infill Compatibility is described in the Denton Plan as the following: Within the undeveloped urban and urbanizing areas of the city, new neighborhoods may develop in traditional patterns. Mixed use and mixed housing types will be allowed to orhood centers. These neighborhoods will exemplify the interrelationship between quality of development, density, services and provision of Development Code/ Zoning Analysis: The applicant is requesting a Specific Use Permit (SUP) to allow an electrical substation on property proposed to be rezoned as Neighborhood Mixed Use Residential (NRMU). Pursuant to Subchapter 35.5, Zoning Districts and Limitations, an electrical substation is permitted within an NRMU zoning district subject to the following limitation L(25). L(25) = If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this rezoning request and provided comments and general information. All comments have been addressed. FINDINGS: Pursuant to Section 35.6.4.B. of the DDC, a Specific Use Permit shall be issued only if all of the following conditions have been met: That the specific use will be compatible with and not 1. injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values in the immediate vicinity. The proposed electrical substation occupies approximately 50% of the subject site. The site will be screened from public right- of-way with an eight foot masonry wall and trees which include Shumard Oak, Live Oak and Cedar Elm and shrubs. That the establishment of the specific use will not impede 2. the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding vacant property. If anything, the assurance of adequate electrical power to the area would enhance the development of the area. That adequate utilities, access roads, drainage and other 3. necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage, and other supporting facilities have been evaluated by the DRC and have been deemed adequate to support this use. The design, location and arrangement of all driveways 4. and parking spaces provides for the safe and convenient movement vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The DRC has reviewed the proposed vehicular and pedestrian traffic. The proposed development will not have an adverse affect on the general public or adjacent developments. The site shares a driveway entrance with the property located to the north and west. As such there is only one means of entering or exiting the property. The proposed use will generate very few trips per month as technicians perform any needed maintenance on the facility. There will be two parking spaces provided, per the requirements of Subchapter 35.14.4 Parking Standards of the DDC. That adequate nuisance prevention measures have been 5. or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur during the construction of the facility. However, that will cease once the facility is completed. That directional lighting will be provided so as not to 6. disturb or adversely affect neighboring properties; All on-site lighting will comply with the standards and regulations under Subchapter 13 of the DDC. That there is sufficient landscaping and screening to 7. ensure harmony and compatibility with adjacent property. The proposed development will meet all landscaping and tree preservation regulations under Subchapter 35.13.7, Tree Preservation and Landscape Requirement Standards in the DDC. The applicant is also proposing to screen the site from the right-of-way with an eight (8) foot masonry screening wall. EXHIBIT 2 LOCATION MAP EXHIBIT 3 ZONING MAP ÛÈØ×Þ×Ì ì EXHIBIT 5 NOTIFICATION INFORMATION íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË EXHIBIT 6 LETTER FROM APPLICANT EXHIBIT 9 PROPOSED ORDINANCE AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Planning and Development ACM: Fred Greene SUBJECTS09-0005 (Taco Bell) Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a Specific Use Permit for a restaurant drive-through facility on approximately 0.8213 acres of land, located at 701 Fort Worth Drive, north of I-35E, and situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas (S09-0005). The Planning and Zoning Commission recommends approval of this request (7-0). BACKGROUND The applicant is requesting a Specific Use Permit (SUP) for a drive-through facility for a proposed Taco Bell restaurant. Pursuant to Subsection 35.5.3 of the Denton Development Code (DDC) a drive-through facility requires approval of an SUP when located in the DC-G district. Public notification information is provided in Exhibit 3. The Planning Department sent out five (5) notices of the Planning and Zoning Commission public hearing to property owners within 200 feet. As of this writing, staff has received zero (0) property owner responses to the proposed rezoning. PRIOR ACTION/REVIEW On August 27, 2007, the Zoning Board of Adjustment approved a variance to Subchapter 35.15.14.2.B of the DDC regarding effective area and height of a sign in a nonresidential district (ZBA07-0008). On November 4, 2009, the Planning and Zoning Commission approved a subdivision variance to Subsection 35.20.4.D of the DDC regarding access to arterial streets, allowing the site to continue to use the driveway located along Fort Worth Drive. OPTIONS 1.Approve as submitted. 2.Approval subject to conditions. 3.Deny 4.Postpone consideration. 5.Table item. RECOMMENDATION , The Planning and Zoning Commission, at their December 9, 2009 meetingrecommended approval of this request with a vote of 7-0. approval The Development Review Committee recommends of this request for a Specific Use Permit as shown in Exhibits 6 and 7. EXHIBITS 1.Staff Analysis 2.Location Map 3.Zoning Map 4.Notification information 5.Letter From Applicant 6.Site Plan 7.Landscape Plan 8.Proposed Ordinance Prepared by: Cindy Jackson, AICP Planning Supervisor Respectfully submitted: Mark Cunningham, AICP Planning and Development Director EXHIBIT 1 ìðûîîóîõ ø÷ìûêèï÷îè éèûöö ûîûðãéóé CASE NODATE TO BE CONSIDERED : S09-0005 : December 15, 2009 LOCATION : The subject property is located at 701 Fort Worth Drive. APPLICANT: Taco Bell of America/Taco Bell 14841 Dallas Parkway Dallas, TX 75254 OWNER: Locust Fort Worth 6621 N. Scottsdale Road Scottsdale, AZ 85250 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a request for a specific use permit for drive-through facility. The approximately 0.8213 acre site is located at 701 Fort Worth Drive on the site of the former Home Depot store, in a Downtown Commercial General (DC-G) zoning district. STAFF RECOMMENDATION:approval The Development Review Committee recommends of this zoning request. COMPREHENSIVE PLAN DESIGNATION: Downtown University Core The subject site is located within a future land use designation. SITE AND SURROUNDINGS: The property is currently developed with a vacant Home Depot retail store. North: Downtown Commercial General (DC-G) Ractrac Gas Station, mini-storage warehouses. South: Downtown Commercial General (DC-G) Vacant big box retail East: Downtown Commercial General (DC-G) Vacant big box retail West: Downtown Commercial General (DC-G) Automotive repair facility, tattoo and piercing studio BACKGROUND INFORMATION: The applicant is requesting approval of an SUP for a drive-through facility. Subsection 35.5.3 of the DDC requires the approval of an SUP for a drive-through facility in the DC-G district. The applicant is proposing to develop the site with a Taco Bell restaurant and provide drive-through service. The site will be accessed by a common easement from Fort Worth Drive. The subject site is a portion of the former Home Depot site. The Home Depot site was the subject of an Alternative Development Plan (ADP) for student housing which was approved on November 18, 2009 by the Planning and Zoning Commission. This site was not included in the ADP request. ANALYSIS: Comprehensive Plan Analysis: Downtown University Core The subject site is located within a future land use designation. Downtown University Core is described in the Denton Plan as the following: district should be places of great vitality, with a mix of educational, residential, retail, office, service, government, cultural, and entertainment development. The health and vitality of the area can contribute in a major way to the city, its local and regional image, and quality of life. It is a place where residents can live, work, learn, and play in the same neighborhood. It includes different uses which may occur on each floor of the Development Code/ Zoning Analysis: The applicant is requesting a Specific Use Permit (SUP) to allow a drive-through facility in conjunction with a Taco Bell restaurant. Pursuant to Subchapter 35.5.2 of the Denton Development Code a drive-through facility is permitted within the DC-G district upon approval of an SUP. DEPARTMENT AND AGENCY REVIEW: The Development Review Committee has reviewed this rezoning request and provided comments and general information. All comments have been addressed. FINDINGS: Pursuant to subsection 35.6.4.B, a specific use permit shall be issued only if all of the following conditions have been met: That the specific use will be compatible with and not 1. injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity; Granting the SUP would not be injurious to the use and enjoyment of other property nor significantly diminish or impair property values in the immediate vicinity. The proposed Taco Bell restaurant location is a commercial area which would support the addition of a restaurant with drive- through service. That the establishment of the specific use will not impede 2. the normal and orderly development and improvement of surrounding vacant property; Granting the SUP would not impede the normal and orderly development of the surrounding vacant property. There is no vacant property located within the vicinity of the subject site. The surrounding Home Depot site is proposed to be redeveloped as a student housing project, the population of which would in all likelihood support the proximity of the restaurant. That adequate utilities, access roads, drainage and other 3. necessary supporting facilities have been or will be provided; Adequate utilities, access roads, drainage, and other supporting facilities have been evaluated by the DRC and have been deemed adequate to support this use. The design, location and arrangement of all driveways 4. and parking spaces provides for the safe and convenient movement vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The DRC has reviewed the proposed vehicular and pedestrian traffic. The proposed development will not have an adverse affect on the general public or adjacent developments. The property shares a driveway entrance with the former Home Depot/proposed student housing site, thus limiting the number of driveway locations along Fort Worth Drive. On-site parking spaces will be provided, per the requirements of Subchapter 35.14.4 Parking Standards. That adequate nuisance prevention measures have been 5. or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Dust, noise and vibration will occur during the construction of the facility. However, that will cease once the restaurant construction is completed. That directional lighting will be provided so as not to 6. disturb or adversely affect neighboring properties; All on-site lighting will comply with the standards and regulations under Subchapter 13 of the DDC. That there is sufficient landscaping and screening to 7. ensure harmony and compatibility with adjacent property. The proposed development will meet all landscaping and tree preservation regulations under Subchapter 35.13.7, Tree Preservation and Landscape Requirement Standards in the DDC. EXHIBIT 2 LOCATION MAP EXHIBIT 3 ZONING MAP EXHIBIT 4 NOTIFICATION INFORMATION íÈÛÑÔÚ ïÎÉÔ×ÔÚÜÉÔÎÏ ùÜÉØ ïÈÐÛØË Î× ôÏ îÍÍÎÊÔÉÔÎÏ ôÏ ÷ÜÇÎË EXHIBIT 5 LETTER FROM APPLICANT EXHIBIT 8 PROPOSED ORDINANCE AGENDA INFORMATION SHEET AGENDA DATE: December 15, 2009 DEPARTMENT: Parks and Recreation Department ACM: Fred Greene ______________________________________________________________________________ SUBJECT Continuation of a public hearing on the Sale of the Denton Branch Rail Trail Corridor owned by the City of Denton to the Dallas Area Rapid Transit Authority (DART) for the purposes of reactivation of a rail line between Denton and Carrollton and consideration of an ordinance granting approval for the sale and transfer of the Denton Branch Rail Trail from approximately Mile Post 721.89 to Mile Post 729.5 for the purpose of a commuter railroad in accordance with Chapter 26 of the Texas Parks and Wildlife Code; and providing an effective date. BACKGROUND The Parks, Recreation and Beautification Board recommended approval of providing a railroad easement along the Denton Branch Rail Trail corridor on October 2, 2006. This approval was for a Memorandum of Understanding (MOU) document between the City of Denton and Denton County Transportation Authority (DCTA) for the future construction of a Rail Commuter line between Denton and Carrollton. The Denton County Transportation Authority (DCTA) requested an easement on the Denton Branch Rail Trail in order to construct the rail commuter railroad from downtown Denton to Carrollton to connect with the Dallas Area Rapid Transit (DART) light rail line. During the development of an agreement to start this construction, it has been determined through the line sale agreement with the Union Pacific Railroad, the railroad assigned its reversion interests to DART during a sale of several miles of underutilized rail lines in the Metroplex. DART acquired the Denton Branch rail line from Dallas to Lake Dallas at Burl Street in Corinth. The Union Pacific Railroad assigned any remaining rights they may have in the reversion of the corridor back to a railroad to DART during this purchase agreement.The Denton Branch Rail Trail is a rail banked corridor being used as an interim trail through the National Trail Act. The corridor is banked from abandonment as a railroad until it may be re- activated. With DART having the first ability to reactivate the line and having notified the City of its intent to do so, it is prudent to negotiate terms allowing the City to reserve easements for utilities and a new trail corridor, while allowing the two transit authorities to work through agreements on reconstruction of the railroad for rail commuter train service. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) a municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding may be made only after notice and a hearing as required by this chapter." Parks and Recreation Department and City staff have reviewed all possible alternatives in light of the planning to minimize harm, and recommends that the Council make the required findings. OPTIONS As discussed in Closed Session. RECOMMENDATION As discussed in Closed Session. ESTIMATED SCHEDULE OF PROJECT Construction is projected to begin in 2010. PRIOR ACTION/REVIEW The Parks, Recreation and Beautification Board gave its approval to a MOU at the October 2, 2006 meeting by a vote of 6 to 0. On November 2, 2009, the Parks, Recreation and Beautification Board came to a consensus that the City should go forward with the public meeting in regard to this particular matter. On December 1, 2009 Council continued this item to December 15. FISCAL INFORMATION Contracts relating to rail reactivation specify the purchase price of the subject rail corridor. EXHIBITS 1.Map 2.Park, Recreation and Beautification Board Minutes of November 2, 2009. Respectfully Submitted: Emerson Vorel, Director Parks and Recreation Department Prepared by: Bob Tickner, Superintendent Parks and Recreation Department ÷ÄÔÓÚÓÈû ø×ÎÈÍÎúÊÛÎÙÔêÛÓÐèÊÛÓÐ ïÓÐ×ÌÍÉÈÉ ôÓÙÑÍÊÃéÈÊ××Èïì ìÍÅ×ÊìÐÛÎÈ ø×ÎÈÍÎúÊÛÎÙÔêÛÓÐèÊÛÓÐ ÊÓÕÔÈÍÖÅÛà I-35E ùÓÈÃÍÖø×ÎÈÍÎ ø×ÎÈÍÎúÊÛÎÙÔêÛÓÐèÊÛÓÐ ÊÓÕÔÈÍÖÅÛà éÔÛØÃéÔÍÊ×É ùÓÈÃÍÖùÍÊÓÎÈÔ åÛÐÈÍÎ úÇÊÐéÈÊ××Èïì I-35E éÅÓÉÔ×ÊêØöï ø×ÎÈÍÎúÊÛÎÙÔêÛÓÐèÊÛÓÐ ùÓÈÃðÓÏÓÈÐÓÎ× 1DRAFT Parks, Recreation and Beautification Board 2 Minutes 3 4November 2, 2009 5Civic Center Conference Room 6 7 Ó»³¾»® °®»»²¬ : Vicki Byrd, Allyson Coe, Derrick Murray, Janet Shelton, Jennifer Wages 8 Ó»³¾»® ¿¾»²¬æ Carol Brantley, Mike Simmons 9 ͬ¿ºº °®»»²¬æ Emerson Vorel, Jim Mays, Bob Tickner, Mary Aukerman, Amanda Green, Janie McLeod 10 ß¼¼·¬·±²¿´ ͬ¿ºº °®»»²¬æ City Attorney, Anita Burgess and KDB Group: Aimee Dennis, Jannibah, 11 Coleman Mendie Schmidt 12 13 Allyson Coe called the meeting to order at 5:58 p.m. 14 st 15 ßÉßÎÜÍ ßÒÜ ÎÛÝÑÙÒ×Ì×ÑÒÍæ Jim Mays announced that the Parks Maintenance staff had won 1 nd 16 place in the TRAPS Region 2 Parks Rodeo and placed 2 in the entire Metroplex. 17 18 Since most of the KDB staff members are new, Aimee Dennis, KDB Program Manager, introduced herself 19 and the KDB staff, explaining their specific areas of responsibility. Aimee explained that, although the 20 three KDB staff members are paid through City of Denton Parks & Recreation, Keep Denton Beautiful, Inc. 21 is a non-profit organization. 22 23 ßÐÐÎÑÊßÔ ÑÚ Ó×ÒËÌÛÍ ÑÚ Ñ½¬±¾»® ëô îððç ÓÛÛÌ×ÒÙæ Derrick made a motion that the minutes 24 be approved as written, Jennifer seconded the motion and the minutes were approved with a vote of 5 to 0. 25 26 ßÝÌ×ÑÒ ×ÌÛÓÍæ 27 ß°°®±ª¿´ ±º îðïð п®µ Þ±¿®¼ Ó»»¬·²¹ ͽ¸»¼«´» a) – The exceptions to the Board meeting on dates 28 other than the first Monday of each month were reiterated. 29 30 ÓÑÌ×ÑÒæ There being no further discussion, Jennifer made the motion to approve the 2010 Park 31 Board Meeting Schedule as presented; Janet seconded the motion and the schedule passed with a vote of 32 5-0. 33 34 Í¿´» ±º ß´½±¸±´·½ Þ»ª»®¿¹» ߬ Ó¿®¼· Ù®¿ b) – Janie explained that the Mardi Gras is an event that the 35 Rotary Club has held for several years, but, with the changes recently made to the Alcohol Ordinance, 36 this was the first event selling alcoholic beverages inside the Civic Center to be brought before the Park 37 Board for their approval. Emerson pointed out that only events open to the public will be presented to 38 the Park Board; private events, such as wedding receptions and Quinceañeras, need only the approval of 39 the City Manager or his designee, as they have in the past. Janie assured the Board that the Rotary Club 40 will comply with the other requirements needed for an event with alcohol, such as security and 41 insurance. 42 43 ÓÑÌ×ÑÒæ There being no further discussion, Janet made the motion to approve the Mardi Gras event 44 with the sale of alcoholic beverages in the Civic Center, Jennifer seconded the motion and it passed with 45 a vote of 5-0. 46 47 ÐßÎÕÍ ÐÎÑÖÛÝÌ ÍÌßÌËÍ ÎÛÐÑÎÌ 48 ߪ±²¼¿´» п®µ Ô·¹¸¬·²¹ ¿²¼ Ô¿²¼½¿°» ׳°®±ª»³»²¬ – The lights are up and operating, which 49 should help to abate vandalism. The sidewalk replacement will be next. 50 51 Þ®·»®½´·ºº п®µ Ü»·¹² ¿²¼ Ü»ª»´±°³»²¬ Ю±¶»½¬ – The project is progressing. 1 Ü»²¬±² Þ®¿²½¸ ο·´ Ì®¿·´ Þ®·¼¹» Ю±¶»½¬ – This project has been deferred to the City Attorney and 2 Engineering. There will be a pedestrian and bicycle bridge over 288. 3 4 Ò»·¹¸¾±®¸±±¼ п®µ Ü»·¹²æ Ю»»®ª» ¿¬ л½¿² Ý®»»µô Ñ©´»§ п®µ ¿²¼ ɸ»»´»® η¼¹» – Bob 5 brought a concept plan for Wheeler Ridge trail layout. Part of the trail is in an elevated area. Seating 6 nodes are planned for various sites along the trail. Concept plans are also in the works for Preserve at 7 Pecan Creek and Owsley Park which will be presented to the Park Board when they are completed. 8 9 Ò±®¬¸ Ô¿µ» ß¼«´¬ ͱ½½»® Ú·»´¼ Ü»ª»´±°³»²¬ Ю±¶»½¬ – There will be a public meeting at the North rd 10 Lakes Annex on Riney and Windsor on Thursday, December 3 at 6:30 p.m. for this project. The Park 11 Board is invited to attend. It is hoped that this project will got out for bids in March and be completed the 12 spring of 2011. 13 14 Ò±®¬¸ Ô¿µ» п®µ Ù±´¼º·»´¼ Ì»²²· Ý»²¬»® – This project is on hold as we look at options for its future. 15 16 Í»²·±® Ý»²¬»® λ²±ª¿¬·±² ¿²¼ Û¨°¿²·±² Ю±¶»½¬ – The Senior Center project is still on schedule with 17 completion estimated for January 2010. Asbestos abatement is done in the main building; walls are being 18 built. An open house will take place when the project is completed. Work in the parking lot is going on 19 as well. 20 21 ˲·½±®² Ô¿µ» Ì®¿·´ ¿²¼ Ô¿²¼½¿°» Ю±¶»½¬ – The trail is complete and lighted. The landscaping has 22 been held up because of the bad weather. October only had 4 workable days. It is hoped the project will 23 be completed November 2009. 24 25 ÕÛÛÐ ÜÛÒÌÑÒ ÞÛßËÌ×ÚËÔ ËÐÜßÌÛ 26 This year’s Tree GiveAway was very successful. All trees were give out by pre-registration. In the past it 27 had been first come, first served which resulted in long lines of cars. Times were given out with the on- 28 line registration in half hour increments, which helped get rid of the long lines. 29 30 ÐËÞÔ×Ý ßÎÌ ÝÑÓÓ×ÌÌÛÛ ÓÛÛÌ×ÒÙ Ó×ÒËÌÛÍ 31 The minutes are presented in the Park Board packet for their review. 32 33 At this time, Allyson announced that the Board would go into Closed Session for the remainder of the 34 meeting to discuss the valuation and possible sale of park real property. City Attorney, Anita Burgess, led 35 the discussion. The Board came to a consensus that the City should go forward with the public meeting in 36 regard to this particular matter. 37 38 Upon completion of the discussion in Closed Session, Allyson announced that the meeting was once again 39 open to the public. 40 41 With no further business on the agenda, Allyson asked for a motion to adjourn. Janet made the motion to 42 adjourn, Carol seconded the motion and the meeting was adjourned at 7:02 p.m. ßÙÛÒÜß ×ÒÚÑÎÓßÌ×ÑÒ ÍØÛÛÌ ßÙÛÒÜß ÜßÌÛæ December 15, 2009 ÜÛÐßÎÌÓÛÒÌæ Transportation ßÝÓæ Howard Martin, Utilities, 349-8232 ÍËÞÖÛÝÌ Consider the adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute a Contract of Sale by and between the City of Denton, Texas (“City”) and the Dallas Area Rapid Transit Authority (“DART”) transferring the Denton Rail Corridor, consisting of those lands described in that certain Quitclaim, dated August 9, 1993, County Clerk File No. 93-R0058485, as corrected by Correction Quitclaim Deed, dated June 1, 2001, County Clerk File No. 2001-R0057561, and as corrected by Correction to Correction Quitclaim Deed, dated June 28, 2001, County Clerk File No. 2001-R0076013, all recording references to the Real Property Records of Denton, Texas. ÞßÝÕÙÎÑËÒÜ Dallas Area Rapid Transit (DART) representatives and City of Denton representatives have met for several months to negotiate terms and conditions relating to the proposed conveyance of the rail corridor identified for DCTA’s A-Train commuter rail service to DART. The City of Denton (Parks and Recreation) has ownership of approximately eight miles of the former Missouri Kansas Texas (MKT) rail right-of-way (ROW) as part of the Rail Banking program. Previous to initial construction of the A-Train, the Parks and Recreation Department utilized and maintained the ROW for the Denton Branch Rail Trail. Various City of Denton utilities occupy portions of the corridor in addition to the City Denton Water pipeline along the eastern boundary of the corridor for a 30-inch raw water line. On September 14, 2009 DART submitted a letter to the City of Denton providing written notice to exercise their option to repurchase the Denton Branch Line formerly owned by the Missouri Pacific Railroad Company (MKT ROW) for the amount of $10,000. City of Denton legal staff will present terms and conditions, to include provisions to preserve the 30-inch raw water line easement, of the proposed “Contract of Sale” as part of this agenda item. ÐÎ×ÑÎ ßÝÌ×ÑÒñÎÛÊ×ÛÉ Staff has briefed the City Council on a proposed perpetual easement and conveyance of the corridor in multiple Closed Session meetings beginning February 2009. Ú×ÒßÒÝ×ßÔ The proposed agreement will require DART to pay the City of Denton the amount of $10,000 for the conveyance of the corridor. ÛÈØ×Þ×ÌÍ 1.Draft Ordinance 2.Contract of Sale (Under Separate Cover) 3.DART notice letter dated September 14, 2009 Respectfully submitted: Mark Nelson Transportation Director Or W. George C. Campbell September 14, 2009 Page Although .conditions and exceptions to DART's repurchase rights are not specified in the Contract, in acwrdanm with the City's nriOW proposal to DART, o rera2 willing to allow the City to retain an emernent for its 30" water Be, (and its orb= replacernmt), the use of ak portion of oorridor for a hike gird bike trail as relocat by S]CTA, and for DCTA to use the corridor for it's a-Tmnn commuter rail service. The issue of other City ubllifies m ft corridor has been raised, DCTA and the City are working tD idtmtify wham those utilities are, where they are located and, if they ar to he relocated, where the new location will be. }ART will eor inue to work with the City a DC'TA to address those additional utilities and allow l;or reawaable and necessary access for r ain and ma nance. DART looks forward to continuing its cooperative relationship with the City of Denton to make rids a smooth transition, inomly, Cary C. 'T'homas Jim Witt 7 Timothy H. Mc ay, P.E. eriar Vice President Rail Program Development