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Home My WebLink About06-01-1999 r f June 1,1999 Agenda Packet a, i f r 1 AQIpd1 IYo AGENDA CITY OF DENTON CITY COUNCIL ° June 1, 1999 " Alter dcrermining that a quorum is present and convening in an open meeting, the City Council will convene in a c, )sed meeting of the City of Denton City Council on Tuesday, June 1, 1959 at 5:15 p.m. in the Council Work Session Room at City [tall, 215 E. McKinney, Denton, Texas at which the following items will be considered: L Closed Meeting; A. Consultation with Attorney - Under TEX. GOV'T, CODE Sec. 551,071. 1, Discuss and consult with the City's attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply Disirt,t No. JA and Denton County Fresh Water Supply District No. 3, Cause No, 99-40158.362, filed in the 362nd District Court of Denton County, Texas, Including strategy and possible settlement negotiations, 1 Discuss status and consider settlement authority in litigation styled Hale v. City of Denton, Cause No. 98.10633.16, pending In the le District Court of Denton County, Texai B. Conference with Employees - Under TEX. GOVT, CODE Sec, 531,073. The i Council may receive Information from employees during a staff conference or briefing, but may not deliberate during the conference. C. Deliberations regarding Real Property - Under TEX, GOV'T, CODE Sec, 551.072; and Consultation with Attorney - Under TEX. GOVT. CODE See, 551,071. 1. Discuss and consider direction regarding an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a drainage easement in two parcels of land comprising 0,209 acres and 0.910 acres, respectively, located in the H. Sisco Survey, Abstract No. A•1184, owned by Jasper Kuykendall, Sr.; authorizing the City Manager or his designate to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attoracy to institute the necessary proceeditgs In condemnation in order to acquire thi properly necessary for the public purpose of constructing drainage improvements for the PEC-4 Tributary of Pecan Creek; and declaring an effective date, 2, Discuss and consider direction regarding an ordinance authorizing the City Ar" Manager to execute an assignment of a real estate contract to the City of Denton from R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by the utility department for Future expansion needs of Solid Waste and Water. I i G l? I I City of Denton City Council Agenda June 1, 1999 Page 2 ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS ; AUTHORIZED BY TEX, GOVT. CODE SEC. $51,001. ET SEQ, (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 I MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.551.085 OF THE OPEN MEETINGS AC r. Regular Mecting of the City of Denton City Council on Tuesday, June 1, 1949 at 6:00 p.m, in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S, Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee. Texas, one and Indivisible," S AWARDS/PRESENTATION 2. June Yard of the Month Awards CWZEN REPORTS r 3. Receive a citizen reporl from Mildred Hawk regarding the transfer of iron bridges to the City and the use of them. 4. Receive a citizen report from Willie Itudspeth regarding drainage easements at 623 , Newton Street. S. Receive a citizen report from Dessie Goodson regarding the City of Denton and SPAN. NOISE EXCEPTION 6. Consider a request for an exception to the noise ordinance for a Battle of the Bands competition hosted by the Adults for Youth In Denton. The activities are on June 12, ' 1999 from 8:00 p.m, to midnight at Civic Centcr Park. The exception request is from 10 p.m. to midnight. The event Is in conjunction with the Parks and Recreation Department and Denton Teen Council. U City of Denton City Council Agenda June I, 1999 v Page 3 CONSENT AGENDA Each of these items Is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background Information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 7.13). 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 7.13 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "items for Individual Consideration". 7. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of Evers Park Baseball Fields Phase 11; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2356 - Evers Park Baseball Fields Phase It awarded to Dean Electric, Inc, dba Dean Construction In the amount of $559,387) 8, Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of transit vehicles; providing for the expenditure of funds therefor; and providing an effective date. (Bid 2360 - Transit Vehicles 13 and 29 Passenget with Wheelchair Positions awarded as listed below in the total amount of $509,362) JJ 9. Consider adoption of an ordinance accepting competitive bids and awarding an annual it contract for the purchase of decorative streetlight fixtures; providing for the expenditure of funds therefor; and providing an effective date. (Sid 02363 - Decorative Streetlight Fixtures awarded to Hadco in the estimated amount of 5320,000) 10, Consider adoption of an ordinance approving the expenditure of funds for the lease of hardware and sofware maintenance which are available from only one source in accordance with the provisions of state law exempting such purchases from the requirements of competitive bids; and providing an effective date (Purchase Order 95213 - Zero% Corporation in the amount of 537,971) 11, Consider adoption of an ordinance awarding a contract for the purchase of software and onsite training as awarded by the state of Texas General Services Commissions through a quali fled Information services vendor (QISV) catalogue; providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 93214R - Managed Information Services, Inc. in the amount of $74,042.10) 12. Consider approval of a resolution by the City of Denton, Texas authorizing the City Manager to sign and submit to the D_partment of Housing and Urban Development a 1999 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date, i, i City of Dentoa City Council Agenda June 1, 1999 Page 4 13. Consider adoption of an ordinance authorizing the City Manager to execute a Pr. fessional Services Agreement with Wier & Associates, Inc, for Brinker Road extension engineering services; authorizing the expenditure of funds therefor; and providing an effective date, POSTVQNED ITEMS 14. Consider adoption of three ordinances on annexing three tracts of land located in the southwestern section of the City of Denton extraterritorial jurisdiction, amounting to approximately 2,549 acres of land, Second reading. a. Tract #1 (A-80); approximately 1,952 acres of land located at the southwestem edge of the City of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately 5,600 feet west from 1.35W, and cast from Florence Road. (Robson property) b. Traci 02 (A-81): approximately 125 acres of land, 1,000 feet in width extending notch from Crawford Road, and extending to the west approximately 5,800 feet from 1.35W, (Hillv,ood properly) C. Tract #3 (A-82): approximately 472 acres of land, located between 1.35W and U.S. 377, north of Crawford Road, and south of A1red Road. (Iiuftines property) LAN!! USE RESOLUTIONS 15. Consider approval of a resolution adopting limitations on acceptance and processing of applications for establishment of multi-(amity dwellings; including definitions; establishing appeals and exceptions procedures; providing for exemptions; providing a severability clause; and providing an effective date. 16, Lonsider approval of a resolution authorizing the City Manager to execute a Memorandum of Understanding on behalf of the City of Denton with Fairfield Centre, + Ltd. or its successor, relating to the use of a portion of North Lakes Park for the expanfion of Bonnie brae to allow for the construction of leR turn lanes and other imptovements; and providing an effective date. PUBLIC HEARINGS 17, Hold a public hearing and consider adoption of three ordinances to temporarily designate three tracts of annexed land, amounting to approximately 2,549 acres, as Agricultural (A) r zoning district classification and use designation; providing for a penalty In the maximum k , amount of $2,000.00 for violations ah:reofi and providing for an effective date, r' / e N { Descriptions of the tracts affected Include: a. Tract 01 (A-80): approximately 1,952 acres of land located at the southwestern II edge of the City of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately 5,800 feet west from I.35W, and east from Florence Road. (Robson property) t City of Denton City Council Agenda June 1, 1999 Page 5 b. Tract #2 (A-81): spproximately 125 acres of land, 1,000 fat in width extending north from Crawp,al Road, and extending to the west approximately 1,800 feet from 1.35W, (Hillwood property) C. Tract #3 (A-82): approximately 471 acres of land, localed between 1.35W and U.S. 377, north of Crawford Road, and south of Alred Road. (Ifuffines property) 18. Hold a public hearing and consider rezoning of 24.4 acres from Planned Development 39 (PD-39) zoning district, Single-Family 7 (SF-7) zoning district, and General Retail (GR) to a Commercial conditioned (C(c)) zoning district. The property is legally described as the cast 24.4 acres of Tract 261n the S. McCracken Survey (Abstract 817). It is located on the southwest comer of Sherman Drive and Loop 288. The proposal is to change the pernitted land uses from residential and general retail to commercial. The Planning and Zoning Commission recommends denial 4.0.) (Z-98.053) 19. Hold the second of two public hearings regarding the proposed voluntary annexation of an approximately 2,746 acre tract of land located west of 1.35W, north of Crawford Road, and east of Florence Road. (Rob, on Communities, Inc.) 20. [told a public hearing to consider rezoning 9.0 acres from a Planned Development (PD- 104) zoning district to an Agricultural (A) zoning district. The property Is legally described as 9.0 acres in the T. Martin Survey A-900. It is located on the south side of Ilobson Lane, approximately 900 feel cast of Country Club Road. The proposal is to allow for an agricultural use and probable two (2) single family residential lots. (The Planning and Zoning Commission recommends approval 7.0.) (Z-99.024, PD-104.0. Thomas Swcnson) 21. Hold a public hearing to consider rezoning 46.194 acres from an Agricultural (A) zoning district to a Single-Fanuly zoning district (Tract 141.853 acres to Single-Family 16 (SP. 16), Tract 11.24.341 acres to Single-Family 10 (SF-10). The property is legally described as 46.194 acres in the T, Martin Survey A-900. It Is located on the east side of Country 1 Club Road (FM 1830), between Hobson Lane and Saunders, directly west of Rolling t ( [tills Circle, 1 he proposal is to allow for single-family residential lots, (The Planning and ZoningCommission recommends approval 7-0.) (Z•99-013, El Pasco) 22, Bold a public hearing and consider a resolution granting approval of a subsurface use of a portion of North Lakes Park adjacent to bonnie Brae for the installation and maintenance rrf drainage improvements to accommodate the flow ofstorm water runoff from the 56.5 acre contributing water shed including Windsor Ridge, Windsor Heights, undeveloped property and the Fairfield Centre, Limited development Into Pecan Creek In accordance A with Chapter 26 or the Texas Parl:s and Wildlife Code, providing for the Issuance of a ! v permit or license and providing an effective date. IT SIS F'ORINDIVIDUAL CONSIDERATION 23. Consider adoption of an ordinance to involuntarily annex a 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road in the r t' (1 I City of Denton City Council Agenda June I, 1999 Page 6 City of Denton's ETJ, to approve a service plat for the annexed property, to provide a severability clause and to provide for an effective date. (A-86) 24. Consider adoption of an ordinance to involuntarily annex a 83,73 acre tract located on the northwest comer of Loop 288 and Stuart Road intersection, In the City of Denton's extraterritorial jurisdiction (ETJ), to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-85) 23. Consider adoption of an ordinance to Involuntarily annex a 75,71 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, in the City of Denton's ETJ, to approve a service plan for the annexed property, to provide a severability clause and to provide for au effective date. First reading of ordinance. (A- 84) I 26. Consider adoption of an ordinance amending the schedule of electric rates contained in Ordinance No. 98.262; amending Ordinance No. 98.046 whinh created an Energysave Program Schedule (EP); amending Ordinance No, 98.093 which amend& Ordinance No. 98-046; providing for a further amer3ed Energysave Program Schedule (EP); providing for retroactive effect of the further amendment; providing for a severability clause; f providing for a savings clause; and providing for an effective date. 27. Consider adoption of an ordinance authorizing the City Manager to execute an assignment of a real estate contract to the City of Denton from R, D. Smith, Trusiee, relating to the purchase of 6,174 acres of land for use by the utility department for future expansion needs of Solid Waste and Water; authorizing the expenditure of funds therefor; and providing an effective date. 28, Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a First Amendment to the professional services agreement for consulting services previously entered into by the City and R, J. Covington Consulting on January 5, 1999, by adding Task Order No. 99-B thereto, providing for additional professional services to be performed relating to the potential divestiture of all or part of the City's municipal electric utility; authorizing the expenditure of funds therefore; providing for retroactive effect of the agreement; and providing an effective date, 29, Consider adoption of an ordinance authorizing the City Manager to execute an agreement on behaif of the City of Denton with Windjammer, Ltd. Relating to purchase of street right-of-way and the construction of certain public Improvements in Unicom Lake; authorizing the expenditure of funds therefor; and providing an effective date. 30. Consider adoption of an ordinance accepting a tract of land, as shown in the dedication instrument executed by Bob Shelton, general partner for Windjammer, Ltd. fisted April 26, 1999 for street utility purposes; and declaring an effective date. I 31, Consider adoption of an ordinance vacating a certain 546ot electric easement on Lot 14 Block A of the Residence It Addition recorded in Cabinet F, Page 317 of the plat records C U 1 City of Denton City Council Agenda June 1, 1999 'r Pege 7 of Denton County, Texas, located on the north side of Jason Drive, north of Lr,ndondetry Lane and providing for an effective date, ` 32. Consider adoption of an ordinance vacating a certain 25-foot fire Ian: easement on Lot 1, Block A of the Residence lI Addition recorded in Cabinet F, Page 317 of the plat records of Denton County, Texas, located on the north side of Jamn Drive, north of Londonderry Lane and providing for an effective date. 33. Consider adoption of an ordinance abandoning a 20-foot easement for water mains and electric power transmission lines situated in Lots 1, 2 and 3 of Block 1 of the Eagle Point Shopping Center Addition, which runs from S. Locust Street on the east to Fort Worth Drive on the west, conveyed to the City of Denton per Volume 410, Page 92, of the Deed Records of Denton County, Texas; and providing an effective dale. 34. Consider adoption of an ordinance authorizing the settlement of litigation styled City of Denton, Texas v. Denton County Fresh Water Supply District No. 1A and Denton County Fresh Rater Supply District No. 5; Cause No. 99.40158-362, pending in the 362nd District Court of Denton County, Texas; pursuant to the terms stated in the attached compromise settlement agreement and release of claims and annexation agreement; authorizing the City Manager to execute the settlement agreement and all documents necessary to effect the settlement; authorizing the City Manager and City Attorney to take other actions necessary to finalize the settlement and release of claims; and providing an effective date. 35, Consider nominations/appointments to City Boards and Commissions, 36. Slisceilaneous Matters from the City Manager. 37. New Business This item provides a section for Council Members to suggest Items for future agendas. 36. Possible continuation of Closed Meeting under Sections 351.071.551.085 of the Texas Open Meetings Act. 39. Official Action on Closed Meeting under Sections $51.071.551.085 of the Texas Open Meetings Act. CERTIFICATE i I r-crtify 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 or~ , 1999 at o'clock (a.m.) (P.ni.) CITY SECRETARY r u I .i I City of Denton City Council Agenda June 1, 1999 Page 8 1 I NOTE; THE CITY OF DENTON CITY COUNCIL Ch,%MBERS 19 ACCESSIBLE IN I ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARYS OFFICE. I I I I II I 1 1 I - C 4"As 10 Hall AGENDA INFORMATION SHEET AGENDA DATE: June I, 1999 DEPARTMENT: City Manager's Offl:e CM: Michael W. Jet, City Manager St1DJEGT Consider a request for an exception to the noise ordinance for a Battle of the Bands competition hosted the Adults for Youth In Denton, The activities are on June 12, 1999 from 8:00 p.m. to Midnight at Civic Center Park. The exception request is from 10 P.M. to Midnight. The event is in conjunction with the Parks and Recreation Department and 1 Denton Teen Council. DACKGROUND The Adults for Youth In Denton, Denton Peen Council, and the Parks and Recreation Department are sponsoring the Battle of the Bands competition. The competition will feature local high school bands and will Include a BBQ and Rock-Climbing Wall as additional activities. The event is on June 12, 1999 from V0 p.m, to midnight. Police officers, juvenile probation officers, parks and recreation staff and AFYID members will supervise the event. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments at noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 3). The ordinance does, however, provide that the City Council may make exceptions when the public Interest Is served. The organizers have been boformcd that should Council approve this request, responsible use of amplified sound is still required by Section 20.1 of the City of Denton Code of Ordinances. In particular, Section 204(a) states: It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities In the Immediate vicinity thereof. t t~ M Parks and Recreation AFYiD Noise Exception June 12,1999 Pane 2 PRIOR ACCION/REY F.W fCo nctt Boards. CmWW al W A request for an exception was approved May 27,1997 for Juneteenth Activities on June 1), 14 and June 19, 20, also a request for an exception was approved June 2,1998 for activities on June 19 and 20. FISCAL INFORMATION None, Respectfully Submitted: Rodney Mitchell Management Assistant Attachments: 1, Request from Ed I lodney 2. Map of the act 3. Noise Ordinance µ t0 0 F2 II I D c~ CITY OF OENTOIV TEXAS PARrfss a RECREATION 0EPAArmeNr j r McKlNNEY OENTON, rEXAa 70201 two, $12-PARK FAX (040)110.113" I! MEMORANDUM Date: May 17, 1999 To: Mayor and Members of Denton City Council From; Ed I lodney, Director Parks and Recreation D a 1 Rc: Variance in Noise Ordinance for AFYID Event The Adults for Youth in Denton (AFYID) is requesting a variance of the t oise ordinance for June 12, 1999, from 10,00 p.m.-midnlghl at Civic Center Park, We will be hosting a Battle of the Bands competition on Saturday. June 12, 1999, from 8 p.m.-midnight, This event Is co-sponsored with Denton Parks and Recreation Department along with the , Denton Teen Council. The Adults for Youth in Denton organization is comprised of adults who are concerned with the increasing number of teen issues, 'The organization is an advocate group for teen programming and tries to provide opportunities for safe activities for teens In Denton. Through AFYID the Denton Teen Council was formed and this group Is comprised of 30 students from various middle and high schools with the age ranging from 70, grade to 12th grade. They meet monthly and assist In the planning and preparation of teen events. The Battle of the Bands competition will feature local high school bands and will include a BBQ and Rock-Climbing Wall as additional activities, Police officers, juvenile probation officers, parks and recreation staff and AFYID members will supervise the event. i Thank you fur your consideration of this hem. ' c www.citrofdenton.com i I 1 w j ,s p KiTHtRS q o r~ WOMEN' BUILDING CONGRESS Pa s E'h LIBRARY ~1} o 1 DUNACE ~f TCNER CITY HAIL U O wK' f! t S Ir~\ 4A I I Q P" 1~ 1 0• MCK1NNEY 4 t. Chapter 20 l NUISANCES' Art. I. in General, If 20.1-2030 Art. 11, Abandoned Property, If 80.31-5070 Div. 1. Generally, If 20-31-20.40 Div. 2. Motor Vehicles, l} 20.41-20.70 Art. 111. Gross and Weeds, It 20.71-2073 ARTICLE 1. IN GENERAL Sea. 20.1. Nolan. (e) It shell be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities In the Immediate vicinity thereof . (b) It shall be unlawful for any person to make or cause any noise of such character, Intensity and continued duration me to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts, among others, are declared to be noise nuisances in vloletion of this Code, but such enumeration shall not be deemed to be exclusive: 111 The playing of any phonograph, television, radio or any nuslerl Instrument In such manner or with such volume, pr,: tr,ularly between the hours of 10,00 p,m. and 7:00 a,m„ se to annoy or disturb the quiet, comfort or repose of persona of ordinary sensibilities In any dwelling, hotel or other type or residence; (2) The use of any stationary loudspeaker, amplifier or musical Instrument in such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the Immediate vicinity thereof, particularly between the hours of 10:00 pm. and 7:00 a.m., or the operation of such loudspeaker, amplifier or musical Instrument at any time on Sunday; provided, however, that the city council may make exceptions upon application when the public Interest will be served thereby; (3) The blowing of any steam wh!etle attached to any stationary bolter or the blowing of any other loud or for-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or ~s a warning of danger; (4) The erection, excavation, demolition, alteration, or repair work on any building at I anytime other than between The hours of 8:00 a.m. and 6:30 p,m, Monday through , Friday from Juno 1 to September 30; between 7;00 cm, and 8:30 p.m. Monday ~ through Friday horn October 1 to May 31; between 8:00 cm, and 8:30 pm. on 'Cross references=protected mlgrotory bird roosts declared nulunce, 18.87; Inspec• lion and abatement warrants, 119-80 at seq.; insect and rodent control In mobile home and recreational vehicle porky, 132.01, supp No. a 1389 I 5 r 1 Ytl•1 JAW110N COX- Calutslay; nnd Lelwecn l:ou Is. 10. mail 0:9011.101. au Sul Way; lko.hled, IIowa vat that the City council "my t..do alieclal per+ulle for such work at other hours In tofu of argent Pecafnily mild In 1110 hltotost of public Barely s1n1 tunvonlauee. (G) Ilia creation or n"y loud and escefelvo "else ht cumtecliwf with Use landing nr u"Innaing or any vehiclo or the upenhtp or deftructlort or bales, bases, crudes or containers; (0) Ilia sine or any drum, loudspeaker or other Instrument or davleu fur the purlwosa or atlroclhig site"lion by lira creation or noises to any lwrformmue, draw, theatre, malls" picture 6n+1se, 80110 of warchon:iw ar disptay which csusas crowds sir l caplo to Uhick at congregate upon Ilia eldowalks or sheet Poor or a+tIaecat lheletu. (11<nla 1000, If 14-20, 14.71; Urd. No. 00.104, 11, 0.17.901 Cross reference-And"+al "olso, 0.10. I r I ! t ~ 6 t c~ I Apt % No... R AGENDA INFORMATION SHEET r%4M_ AGENDA DATE- June 1. 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Ed Hodney 349-8271 ACM: Kathy DuBose, Final and Municipal Services, SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EVERS PARK BASEBALL FIELDS, PHASE It. PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2356 - EVERS PARK BASEBALL FIELDS PHASE If, AWARDED TO DEAN ELECTRIC, INC. DBA DEAN CONSTRUCTION IN THE AMOUNT' OF $359,387). BA K .RO IND- (See attached Tabulation Sheet) RFCOMMENDATION6 We recommended this bid be awarded to the lowest bidder, Dean Construction, in the base bid amount of 5346,919. We also recommend award of Alternate 2 for the provision of it storm sewer line in the amount of $12,468 for a total bid award of 559,387. ESTlf*IAT -D SCHEDULE OF PROJECT: Completion of this project is estimated to be I50 days after receipt of a purchase order or approximately the second week in November 1999. FISCAL INFORMATION: This Park Improvement Project will be funded from Parks and Recreation Bond fund accounts. • 461.031-ATHL-9828.9010 $180,000 • 461-031-PARK-9803.9137 $175,000 • 462.031•A'IIIL-9946-9101 $204,387 BID INFO TI N- Included in this project are two lighted baseball fields, concrete wa;kways and flatwork, restroom/concession building and earthwork and site utilities as well as storm sewer drainage. Respccifullysubmitted; Tom Shaw, C,P M., 349.7100 Purchasing Agent Attachment 1; Tabulation Sheet i - ir AGENDA l1 \i ATTACHMENT i TABULATION SHEET all, Bid # M Date: 5!6199 EVERS PARK-BASEBALL FIELDS-PHASE fl No ally. I DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Dean Swats Jones 8 Jeffrey Marsthon Const IntvW Seneca Conal TOTAL BASE BID $548,919.00 S637,63300 $748,000.00 $634,038.00 $839000.00 ALTERNATE 01: DEDUCT: Delete the fumishing and Installing of the W depth of gravel bass course (gravel parking log and ($1,500) ($2,750) ($2,000) ($1,250) 1$2,700) make the assodatad adjustments In compliance with the lens and tone, ALTERNATE #2: ADD: Provide and Listall all elements of storm fewer-Une k In compllanoe with the plans arts 512,488,00 $19,090,00 $25,000,00 $14,85000 513,400.00 s ifico6ons ALTERNATE 03: DEDUCT: City of Denton personnel shall furnish d Instal Ou proecdve bas lendng, The oonvsclor "I make associated eaustments In his oonbad dutela In oompnonos calm the plaro and a tone $643.00) ($440.00) (5700.00) (5810.00) ($15000) ALTERNATE 1f4: Deduel: Fumish 6 Install Amman Exalsb'Cut%x a In tieu of Amerlan Exoslrio Wax ll' boat ~enoe with the plans 5322.00 $250,00 5400AO $464.10 5450.00 ALTERNATE 05: ADD Oft DEDUCT: Fumleh s Instal Hubbell 81.3 remote ballast lighting syslem with died banal galvanized steel poll wdth concrete backfle is moommended by tlu menufadurer In 14u of misco SC-21101mg and pole system delineated a$ ea base bld, ($8,200001 SS 500.00 (64.000.001 $30 MD,00 ($5.000-001 ALTERNATE IM DEDUCT: City personnel shall fumish, install and maintain as n oscrts aerosion control 510 477.00 ($6.300M) ($7,600.00) ($4,000.00) ($12,500,001 ALTERNATE 01: OEDUCT:Oty personnel "fumleh and Instal the bngaban sieewn a shown l s t 5300.00 SSO.DO ($3,000.00) 5400,00 5300.00 t 2 ' r 1 c. I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPE 17ITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EVERS PARK BASEBALL FIELDS, PHASE 11, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2356 - EVERS PARK BASEBALL FIELDS PHASE 11, AWARDED TO DEAN ELECTRIC, INC. D.B.A. DEAN CONSTRUCTION IN THE AMOUNT OF 5559,387). 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 I. That the following competitive bids for Lhe 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 , dv~ CONTRACTOR AMOUNT 2356 DEAN CONSTRUCTION S559,887 S CT10 1[. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for 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 Ill. That 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, J conditions, plans and specifications, standards, quantities and specified sums conta'sr.,cl therein. /r ` t t= c~ r i • it SECTION IV. That 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 V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999 JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: . APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BID 1756- CONTRACTUAL ORDINANCE d 4 c, AOw1N U ~I9-Od AGENDA INFORMATION SHEET pey . A AGENDA DATE: June 1, 1999 Questions concerning this acquisition may be directed DEPARTMF.NTt Purchasing to Cary Tower 349-8424 i ACM: Kathy DuBose, Fiscal and Municipal Services V1% SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR TIIE PURCHASE OF TRANSIT VEHICLES: PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE (BID 2360 - TRANSIT VEHICLES 13 AND 29 PASSENGER WITH WHEELCHAIR POSITIONS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF $509,362), R..'KGROUND: (See attached Tabulation Sheet) RECOMMENDATION: V1'e recommend this bid be awarded to the lowest bidder meeting specifications as listed below: LUM QIY DESCRIPTION &UiA& QQSI EXTENDED 1 2 13 Passenger Bvs Metrotrans S 68,603 $137,206 3 2 29 Passenger Bw Longhorn Pus $186,078 $372.156 Total Award $.109,362 The lower price offered by Hemphill Bus Sales on Item I failed to meet our specification in two major areas. They offered at fiberglass body with spray foam insulation in place of the required aluminum body and the entry door installed in the chassis area instead of the passenger area as requested. In addition the exhaust location offered would create a level of concern for passenger comfort and safety during the loading and unloading process. FSTI3IAT .D SCHEDULE OF PROJEC'Tr Bid item 1, the 13 passenger buses are scheduled for delivery in 90 days from receipt of a purchase order or the first week in September 1999. Bid item 3, the 29 passenger busts are scheduled for delivery in 240 days from receipt of a purchase tcrder or the first week in February 2000. i A z + t, c 1 v s AGENDA INFORMATION SHEET { AM 1, 1999 PAGE 2 OF 2 FISCAL INFORMATION: The acquisition of the four traneit buses will be funded from the public transportation grants awarded by the Federal Trsnsportwdon Authority and the Texas Department of Transportation. IRID jjyFORMATION: This bid Is for the purchase of two 13 passenger transit buses with two wheel chair position and two 29 passenger buses with two wheelchair positions. These units ere additions to our public i transportation fleet. The vehicles specified are heavy-duty type vehicles and designed for extended life expectancy. RespecthfUlIy submitted: Tom Shaw, C.P.M., 149.7100 Purchasing Agent Attachment 1; Tabulation Sheet Ir7o.A06tVbA ti ,d'!r t: Z Mail- I' n I u i ATTACHMENT 1 TABULATION SHEET Bid 2~ Q Date: WIN Transit Vehicles ll 3 & 29 Passenger With Wbeeichair Positions o DESCMPTI N 'ENDOR VENDOR VENDOR k ! il; r , j I, E,r r LOnghom Bus Hemphill Bus Metrotrans Sales Sales I i I I,rr rlli', rl r ~rii''!~E r! i, ~ N~ rl li' 43 Psawrw Bus" whh 2 WhW&a4 3 stations $ 86,803.00 NB $ 63,485.75 OEM Chassis MR. Optimist Extended r . 2 3 Werrenty-4 YR. 76,000 mle powMraln N9 NB NB deducteble if appfieebte 3 2 20 Passenger Buses with 2 Whs"elr Stetsons NB $188,078.00 $192,498.58 i NO 910 RESPONSES: 011lig Mfg„ Lassiter Bus 1 rk 3 c , o t ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF 13 AND 29 PASSENGER TRANSIT VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2360 - TRANSIT VEHICLES 13 AND 29 PASSENGER WITH WHEELCHAIR POSITIONS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF $509,362). WHEREAS, the City has solicilW, 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 bias 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 . Thal the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM + NuNIBE $ .ESL VENDOR AMOUN 2360 1 METROTRANS $137,206 2360 3 LONGHORN BUS $372,156 SECTION it. That 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 purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid proposals, and related documents. =.IQ=. That should the City and persons submitting approved and accepted items and of the si,bmittcd bids wish to enter into a formal written agreement as a result of the acceptance, r approval, and awarding of the bids, the City Manager or his designated representative Is hereby It~ c authorized to execute the written contract which shall be attached hereto; provided that the written % contract Is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted, I L i I I I SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY , BY. 1760 SUPPLY, ORDINANCE i 5 S 1 r i AanAg ttb, " ~ AGENDA INFORMATION SHEET DJt9 ~ AGENDA DATE: June 1, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Sharon Mays 349-8487 AC\It Kathy DuBose, Fiscal and Municipal Services SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT FIXTURES; PROVIDING FOR THE EXPNDME OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2365 - DECORATIVE STREETLIGHT FIXTURES AWARDED TO HADCO IN THE ESTIMATED AMOUNT OF S320,000). BACKGROUND: (Sec attached Tabulation Sheet) RECOMMENDATION: We recommended this bid be awarded to the lowest bidder, Hadco in the estimated annual amount of 5320,000, jJ= Estimate City Description Sunnlier C29 Est. Extend Cost 1 400 each Type V Description Fixture Hadco 5400 $160,000 2 400 each Type III Decorative Fixture Hadco S400 5160.000 Total Estimated Award $320,000 ESTIMATED SCHEDULE Of PROJECTi The decorative streetlight fixtures will be shipped in quantities as needed within 40 workdays after receipt of a purchase order throughout the contract period, FISCAL INFORMATIOM These decorative streetlight fixtures are Warehouse Inventory and will be ordered as nceded. The purchase will be funded from working capital account (710-043.0598.8701) and recharged to the appropriate Electric Distribution job number as the fixtures are installed BID IN FORMATION: this bid is for an annual contract to supply decorative streetight fixtures to the City of Denton A for iistallation in applicable developments. This gives the developer an option to utilize the standard streetlight fimures or the decorative style The decorative style fixture is a victorian shaped fixture made of cast aluminum with a black finish and a 100 watt 120 volt high-pressure sodium lamp. 1 t u I AGENDA INFORMATION SHEET iLngE 1, 1999 PAGE 2 OF 2 Respectfully submitted: ~1r Tom Shaw. C.P.M., 349.7100 Purchasing Agent Attachment 1: Tsi tiWon Sheet 1311 AGENDA 1 1 in I / / I z 5,. t u ATTACHMENT i TABULATION SHEET M Bid 2M Date: 5LM DECORATIVE STREETLIGHT FIXTURES No City. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Hedco Techline Dealers Cummins Nester ik li 11 .i Slreetllghl decorative Strsstscape~ ! Altemste 1 400 es Type V, HADCO #R53-A-B-N-N-2-A-0-R- $400.00 $617.40 $447.85 $419.00 $593.00 0.1005-120. 277 Sdecorative Streetecapee 1 Altemate 21400 ea Type III. HADCO MR33-A-8-N-N-2-A-t3-R- $400,00 $617.00 $447.85 $419.00 6819.00 0.1008.12OW1 i I r r A$'~' t, J t ORDINANCE NO, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT FIXTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2365 - DECORATIVE STREETLIGHT FIXTURES AWARDPD TO HADCO IN THE ESTIMATED AMOUNT OF $320,000). WHEREAS, the City has solicited. received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, 'he 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 wccep!ed herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "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 for such 'stems: ' I BID ITEM NUMBE g ILOL VENDOR AMOUNT 2365 ALL HADCO EXHIBIT "A" SECTION 1[. That 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 purchase the materials, equipment, supplies or services in accordance with the terms, j specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION Ill. 'That should the City and persons submitting approved and accepted Items i and of the submitted bids 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 esocute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and { specified sums contained in the Bid Proposal and related documents herein approved and accepted. V I t, I i SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. S .CTTION _V,. That this ordinance shall becotre effoctive immediately upon its passage and approval. PASSED AND APPROVED this day of ,19". JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 3363 SUPPLY. ORDINANCE C a' a, S 1 I EXHIBIT "A" Bid 2M DECORATIVE STREETLIGHT FIXTURES No Qtv. DEacRI ON N Hadco ~I';If Ali! E Each Streetlight, decoratlve St "UwApa 1 Type V. $400.00 HADCO NR53-A-8-N-N-2-A-0-R-0.I DOV 201277 2 Each S HAD O PMdeowstvt - B-N-N 2-A-0 R 0 100.912t=77 X00.00 1 I i 6 0 c. Ap iid1 - 111t~ Ap1109 AGENDA INFORMATION SHEET AGENDA DATEt June I, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Alex Pettit 349-8595 ACM: Kathy DuBose, Fiscal and Municipal Services I~ S IBJ , Pt AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE LEASE OF HARDWARE AND SOFTWARE MAINTENANCE WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM TILE REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95213 - XEROX CORPORATION IN 111b AMOUNT OF $37,977). BACKGROUND: The City Council approved a three year agreement with Xerox Corporation for the lease of a Xerox 4050 High Speed Laser Printer on December 16, 1997 Ordinance No. (97.365) in the amount of $31,977 per year. This printer Is one of two similar printm used to print utility bills, payroll checks, financial reports and other documents generating over 3,000,000 copies per year, RF, Oi IM NDATION-, W. recommend Purchase ')rder 95213 to Xerox Corporation be approved in the amount of $37,977, PRIOR ACTION ! REV15LWr i Ordinance (97.365) approved December 16, 1997 for year one of a three year least. FISCAL INFOILMATIONt This second year lease payment will be funded from 1998.99 budget accounts (770-044-0080- 8509 Eire of Equipment and 770044.080.8341 Maintenance of Office Machine). PURCHASE ORDER INFOltr1ATION-, Purchase Order 95213 is for the second of three annual lease payments for is Xerox 4050 High Speed Laser Printer and the annual maintenance. The monthly payment is 53,164.75 or $37,977 per year. This is divided into an annual maintenance cost of $14,760 and lease payments totaling 523,217. The prices are Lom the State of Texas General Services Commission contract. i' I 1 1 u t 1 AGENDA INFORMATION SHEET JUNE 1, 1999 PAGE2OF2 Respectrully submitted: Tom S w, C.P. 349.7100 Purchasing Agent Attachment 1: Purchase Order 95213 to Xerox Corporation Attachment 2: Price Sheet dated December 31,1997 tlU.ADErIDA 1 r N ' Z u ~ w N tixA~ PLNICHAN ORDER N0; 95217 mfmm~ ORS U TNS number mwl IPPW on on (IF MAAKEW imcieaa, delivery sips, CMOs. ctnt, boas. Packing slips and bins. 00 NOT DMfCATE Ds1« 03 11 49 Page Na 01 tac Na Bid Na CITY OF DEMON TEXAS PURCHAsm OmSbN 1 901-8 rs<xAa TII~f 1 DENTOR TIXA$ 70201-4384 ; 11401349-7100 D1FW GETRO 8171207-0042 FAX 9401149-7302 NDOR XEROX CORPORATION Visit tM City of 0mtaya Wobsn. A yv4Yw4'CIyofdsntoac0m We/ 220 E LAS COLINAS BLVD DELIVERY CONFIRMATION ONLY CIL IORESS ADDRESS INFORMATION SSRVICEB IRVINO TX 15039 601 E MICXORY DENTON/ TX 76208 KIN HART VENDOR NO, XLR56003 mm" MOM 03 01 99 FOE 0E8TINATION *W TS TER0f1S r 01 23211.000 11 VENDOR CAT. 18ERIAL #187-102 MFO MANE 14000 231217.00 f CITY 0 9500 ANNUUL LEASE PURCHASE ON XEROX 4050 LASER PRINTER 102 14760.000 11 VSHOOR CAT. 1 N / A NFO KANN 16000 141760.00 CITY 0 8100 ANNUAL MAINTENANCE (2X5)COVERAOE ON XEROX 4050 LASER PRINTER ` YEAR 2 Of A 3 YEAR LEASE ~II • 1 w i P OE TOTAL t 371977.00 OP. 1!D TOTAL s 371977.00 01 770 044 0080 $509 23#217.00 02 770 044 0080 5311 141760.00 Efln 4 Nl17R11C11ON~ 3. TaMH • Not 30 W"I .Mn.hl ip"%tl in~ Instrrettsns 1.0.8 GagMiMly~N 1 ! N IhMaitl tYF01 a 8 NW 1%st w two "so 4s Mr8 N Y1s!vtal J in pku Fillet l 1 I cl I I I FAfY1 tM.11.F. m7F14 7U•m41-9PmA 71m mH 7VAA 1409. 11•K 1R1 Al milt P.meml ATTACHKID" 2 11/1&197 Prieintl tdYnc&o m6i 12t31197(printer insiaUW by 12/31/'97) Dimorut included of $10,000.00 on law One Month Wrrrnnty • Mante lonee Charge Per Pap City of Denton: LE&V t1ttC11; (StattdmW Geve smi Mawmane*)• '1eru late nmw $YAM Aftach) 004W CWJW MAW VMW c"oun 1100a" 1) M"Wy Tow (36) (4 (a) Mo *E*u6 Sl,93~,75 31 3,39 SI,SIl.I9 mm"hly clwph $1,230.00 S ,230.00 $1,330,00 row MaOthy rlriam.at ss,ta 7s ua9 si,yaa9 2) ,x(19] mamdo mt M W* Mman oo a $1.110.01 lt,SI41.0y Clatrw Pw hp ,479 1'nthm 01g6d $1.00 ' 0"0 Y"r State 6041 Loral (W MVal6wl Mai0ka60et hWSg 004164 nv6 41as 6 weep Mam416y thr0 Ftwily, 9 JLN. • ! F01. A C I t7 I I II 4 ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE LEASE OF HARDWARE AND SOFTWARE MAINTENANCE WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN t ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM THE REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95213 - XEROX CORPORATION IN THE AMOUNT OF $37,977). WHEREAS, Section 252.022 orthe Local Government Code provides that procurement oritems that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or hooka; electricity, gas, watt, and other utility purchases; captive replacement parts of components for equipment; and library matnials for a public library that are available only from the persons holding exclusive distribution fights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, TH EREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchase of materials, equipment or supplies, as described ink "Purchase Orders" attached hereto, are hereby approved: PURCHASE f OPLDE$ VENDOg t1~i417M 95211 XEROX CORPORATION $37,971 SE,CTIONII. That the acceptance and approval orthe above items shall not constitute a contract , between the City and the person stbmitting the quotation for such items until such person shall uornply with all requirements specified by the Purchasing Department. SECTION I!!. That the City Manager is hereby authorized to execute any contracts relating to the Items specified in Section I and the expenditure of funds pursuant to said contracts Is hereby authorized. SECTION IV. That this ordinance shalt become effective Immediately upon Its passage and approval PASSED AND APPROVED this the _day of {999. w JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY. r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 91111P RCIIASE ORDER. OR DINA NCES , i INS li M I AAA[ PURCMANN ORDM NO; 95213 CONFIFAW ORO1R IIIL JIII TMe MOW moat eppw on ill OF FdfilOfi~l Invoices, ddlaNY aIIPL 08001, Do NOT OUPLICAT! clns., boxes. pecking etipe rd bills. O" as 17 99 Page w 01 la No: Bid Ma CITY OF DENTON TEXAS PUHCHASMIO DIVISION 1 001-5 TEXAS STRN'>Z I OSIITOPI TEXAS 76201-4354 040040-7100 DlFW M87R0 0171267-0942 FAX 0401340-7302 DDR XEROX CORPORAT IOM Vbit dN CiW of DonW'a wakena at www.ewdantaneoM « AV 220 E LAS COLINAS BLVD Dt3rm CONFIRMATION ONLY C11 AM" INFORMATION SERVICES ASS IRVINO T% 76019 601 1 HICKORY pNNTON, TX 76205 KIM HART T8 1t31Mt VENOOR NO. XERS6003 DEIIVERV OUOTEO 06 OS 99 F-4 01011942100 Rm 31 23217.000 04 VENDiR CAT. W R1AL #Y87-102 RF0 MANE 1.000 230217.00 ' CITY # 8500 AMNAUL LEASE PURCHASS OM XEROX 4060 LASER PRINTER )2 14760.000 #1 VENDOR CAT. 1 9 / A RF0 NAME 11000 14.760.00 CITY 1 0100 ANNUAL MAINTENANCE (2X5)COVERA01 ON XEROX 4050 LASER PRINTER YEAR 2 OF A 3 YEAR LEASE l' P 0Z TOTAL a 370971.00 OR= TOTAL ! 370977.00 71 770 044 0080 8609 210117.00 12 170 044 0060 8341 14076040 , NOOK SNTA11If101l~ I, Tents . Not 10 e14411 •+piO1 1jN 1. In IM Wtn46" 1.0 L 001dnrle 1 e.n .a"m *V ft" 1 N w 6. No lehaf V Me atee to eir8 N piwoFa DPW P~. uf tot f AMMO N0 AGENDA INFORMATION SHEET AGENDA DATE: June 1, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Aka Pettit 349-8595 ACbi: Kathy DuBose, Fiscal and Municipal Services' SVBJECT: AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE AND ONSITE TRAINING AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSIONS THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDNG AN EFFECTIVE DATE (PURCHASE ORDER 95214R - MANAGED INFORMATION SERVICES, INC. IN THE AMOUNT OF $74,042.10). BACKG OR UNb: This software will allow system users to c•eate their own reports and retrieve data currently unavailable. It tan be deployed over the Web and can be used with all Open Databases Connectivity (ODBC) compliant databases such as the new Municipal Court and Utility billing packages. It is designed to allow for data accessibility across all departments and is a key component in our plans to provide process and technology solutions to the City of Denton. RF.COlsIMENDATION: We recommend Purchase Order 952148 to Managed Information Services, Inc. be approved in I the amount of $14,042.10. ESTLUKIFD SCII .DUL.E OF PROJECL The software associated with this acquisition is readily available. The four-day training classes will be scheduled after Council approval. We anticipate project completion during the second u eck o f July 1999. FISCAL. INFORMATION_ Purchase Order 93014R will be funded from the Long Range Technology Plan account (460-044- COMP•9847.9101). PURCHASE ORDER INFOINIATION; This purchase order is for the acquisition of Brio software, software maintenance and user training. Brio is sollware designed to improve accessibility to meinframe and network data. It allows generation of repots specific to the needs of the individual. The training sessions are for feast days with up to 10 people per class. Prices for software and training are taken from the QISV catalogue pul,Iished by Managed Information Services, Inc, and approved by the General Services Commission. 1 • r t t; AGENDA INFORMATION SHEET JUNE 1, 1999 PAGE 2 OF 2 Resi rotfully submitted; Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment I : Purchase Order 95214R to Managed Information Services, Inc. Attachment 2: Proposal from Brio Attachment 3: QISV Certification 1111.AGENbA 1 1. i i 2 I I t c PURCHASE ORDER Na. 952148 THIS IS A XXX this mUmb r must pper On ell COfXtl W Xi ORDER invoices, delivery slips, cases. Ili MARKEDI elms.. boxes, Packlmt sips VA Eros. DO NOT DUPLICATE Ey Na Did Na Detr. 05 19 99 Pepe Na 01 CITY OF DENTON TEXAS PuICHASWG Divis10N 1 901-8 TEXAS STREEj 1 DENTON, TEXAS 70201-4364 41 9401349-7 100 O1FW METRO 8171207-0042 FAX 9401349-7302 NDOR MANAGED INFORMATION SYSTEM, I"'s ON City of Oentom's Webstte el www.cityofdenlomcom .ME/ 4545 FULLER DRIVE DELIVERY CONFIRMATION ONLY C11 10RESS SUITS 200 AMVS INFORMATION SERVICES IRVING TX 75038 601 E HICKORY DEXTCN, TX 76205 HARLEB GLOVER VENOM NO. XANI5005 DELIVERY OUOTED 06 01 99 ROB DESTINATION lUYER T8 TEAMS 01 1.000 SA VENDOR CAT. /MAC/VIM/UNIX MFG MAKE 3a995.00tr 3E995.00 CITY 0 8100 SRIOQUERY ENTERPRISE DESIGNER SOFTWARE 02 40.000 EA VENDOR CAT. 1NAC/WIN/UKIX XFG NAME 495.000 19,800.00 CITY 0 8100 INSIGHT FOR NETSCAPE OR NS EXPLORER SOFTWARE 1103 1.000 EA VENDOR CAT. FKT MFG MANE 31,$95.000 31,495.00 t CITY 0 8100 BRIO ENTERPRISE SERVER SOFTWARE ,04 1.000 EA VENDOR CAT. 1MAC/WIN/UXIX MFG NAME 719.000 919.00 CITY # 8100 BROPOUERY ENTERPRISE DESIGNER ANNUAL MAINT i SUPPORT P GE TOTAL i 56,009.00 r ENDOg INStA11tTt01 1 Tr ms • Net 30 Will 04......,r.M.d kw MyNrl IMvItt *4 ppw* 1. bhiP/IM w1radvis: 1.0.1 Oenkrrlen reeeil Wild .ew.A., aftw d gin u' • Acewnu F L No fadrat w aws sides hE sw N bevl t1b 1 like In Kku billed t 1A) ( 1 4 lMlb li A XXX PURCHASE O MR pO. 95214R COWWAN MW f This. number must eppw on AN OF MA" invoices, delivery slips, cues, pp NOT DUPLICATE ctns., boxes, packing slips and bills. eq Na Bid Na Date: 05 19 99 Pepe No, 02 t CITY OF DENTON TEXAS PURCHASNG DIVISION 1901 -B TEXAS STREET 1 DENTON. TEXAS 762011-4364 9401349-7100 D1FW 6ETRO 8171287-0042 FAX 9400349-7302 V100 MANAGED INFORMATION SYSTEM, 10&11 the City of Dr+W4 Wsbldls x wo cityofdenioncofm ME/ 4545 PULLER DRIVE OKIVEflY CONFIRMATION ONLY C11 DRESS SUITS 200 ADDRESS INFORMATION SERVICES RVING TX 75038 601 B HICKORY DENTON, TX 76205 HARLEB GLOVER VENOM NO. MAN15005 DELIVERY QUOTED 06 01 99 FOB DESTINATION BUYER TS TERMS 1 3,564,00 05 40.000 EA VENDOR CAT. W1/VIN/UNIX KrG MAMB 89.100 cITY 1 6100 INSIGHT rOV NETSCAPE ON MS EXPLORER ANNUAL NAINT A SUPPORT 06 1.000 BA VL'NDOR CAT. 1NT MFG WANE 5,669.100 5,669.10 CITY i WOO BRIO EMTERPISE SERVER ANNUAL MAINTENANCE i BVPPORT 07 4.000 EA VENDOR CAT. 1PER DAY NrG NAME 2,200.000 8,800.00 CITY 1 8100 ORBITS TRAINING (UP TO 10 PEOPLE PER CLASS) • A P 0E TOTAL t 18,033.30 GR ND TOTAL 1 74,042.10 c 01 460 044 COMP 9847 9101 74,042.10 . 11N TiNX t nny' j( 1. Tefm ' Not IO 00", $"AN _ 11 . seal wMM11 Ylveit4 r'T^-}"r! 5401r4 kist ucSIM: F.6.6. aMiMl{se r•r`;- MMU "Woo s b • kaenu s. No m t'lor undIWS $011 ue tkdl fti c td sin plot 11 Mb, ..n.......... ~q ...i.......... r u ATTACMUM 2 1lria ~ Technology p.apawtoSM:NrafD415tert _QTY + ISNn tatIwtelUN+ NYIk"Cpn1A14SO" Mu 11Un 10* w MICNAMIU* hWK* MM wer V A, 4% 1416.01 turoem t0.trt OWI Q*kw.aNow" vMIC*bw I" 1 NT M41tlr►An &Q w MAN 111,11.00 11,111,111 wa 1nYgNt IMiM NdO 00 w DarrwNn4r 10.11" WA opy*w SOW me Me 10" C"bpa 1404 Lam I 1r i WNQM" Know" peow Fit 1 5 1 III MM$Vftt" b1grM1'a vm"iw 1111 WtIUMt" er 1i1t +a 40 0-41VMfL6 sale 14,544.0 wslw4rlM. erNtuatptame DgIbw II 1 U~ P. wv tt4+Oio 11,4»116 uMl+e trt DMWI1Nrtl 1i1► L%% (M a 544V km M Mb &MOC" swr 6.40 um 2j" I t 0 At 4 M D+I 1111 h1Yin► ht Y 10 /14+0114011! dtwl r'~,r~ 14A411N14 k" 04 "low TMk6V UM 10 leaf 6wo& Mae Tgeiq iF he M tto u .,4 POW r 'AL 1011tY1Nt a11i►Y11s "7s/~OyI~ 7~ oG~2 r y C~W11111M.NMr..et s . ~11 Y11fN, Mf11a11W6~ 4W Yn4M Imd 4 tywua 4.r.•Wa MrNt11a++ta i s C + r u ATPMMMR` 3 4 hIOf1~Of1>~~Mtli' 1110' ' ~/1i fu1M Oda >f1AIt0, TX 7ti0~t1 S fAlcttrldttl~ON /4gNE073~7tt}00i0 April 21,1999 Ala Pettit CYy afDeatok Taus 601 u" ftkuq &du A Dntoa, TX 76905 11E: &ia U=i#W b humdroa Syoem, Lc. (NMI Bute otTem Q1SV Vtador Dar tk. Pella, a Thak you very 1r =A hr year illotelt In Brio TedrdoU !(orpd bhamdod Sydow is a try -INN i leealotutaa pmw tbt Brio TWWI* jkL Ws (MRS) nee sh-j a cu lda Q SV Vedor tar tL ttyel otTmt & Our VID sma" 6 246•AS-30WO We lwk torw W to usiak# you 41 your swam lots ftno rued.. sleoerely, Hid" Glow ■ Rtafdmt/CE0 Holm" i r~ i OrN t' 6 c ORDINANCE NO. f AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE AND 1 ONSITE TRAINING AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSIONS THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95214R - MANAGED INFORMATION SERVICES, INC. IN THE AMOUNT OF $74,042.10). i WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission 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 General Services Commission 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 That the numbered items in the following numbered purchase order for materials, eq, :tment, supplies, or services, shown in the "Purchase Orders" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDER VENDOR AMOUNT. 952148 MANAGED INFORMAIOO` SERVICES, INC. $74,042.10 SECTION 11. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission, for such items and agrees to purebase 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 General Services Commission, and the purchase orders issued by the City. SECTION Ill. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his 7 a f~ 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 General Services Commission, quantides and specified sums contained in the City's purchase orders, and related documents herein appro-, ed and accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SSA. That this ordinance shall became effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 1999. JACK MIL-,ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 252141k • POSTAT£.ORDINANCE r ' 8 V 1 I AAAJ rVI N.IIHJ~ Vn1ICn Iv V. »aa,t t. CNN" R IU' this nwr,Dar must ypar on in NII'IMM in4okol, delivery slips, cases, tins., b0■u, paclinp Blips amid bills. 00 WT OUKXA'fE eq N0: Bid #la OMs 05 19 99 Paps ti 01 fN T"m 78201-4964 CITY N I N1 B DJEllis aiOilEfNf OB'ITOFI WJJASNO DMSSO 9401349-7100 DIFW METRO 817/287-0042 FAX 9401349-7302 WDOR MANAGED INFORMATION SYSTEM, I#&" tM City of Denton's Wsbslu at www,Ntyofdantamcam ME/ 4545 FULLER DRIVE Clam" CONFIRMATION OILY C31 DRESS SUITS 200 ADDRESS INFORNAlION SERVICES IRVING TX 75038 601 1 EICXOAT DRNTONO TX 16205 HARLEE GLOVER VENDOR NO. MAN1500S OPLfVERY QUOTED 06 01 99 F08 DESTINATION KM TI TERMS i 01 1.000 EA VENDOR CAT. #NAC/WIN/'MIX MFG NAME 30995.000 30995.00 CITY # 8100 SRIOQUERY ENTERPRISE DESIGNER SOFTWARE 02 40.000 EA VENDOR CAT. #NAC/MIN/UNIX MFG NAME 495.000 190800.00 CITY # 8100 INSIGHT FOR NETSCAPE OR M8 EXPLORER SOFTWARE 03 1.000 EA VENDOR CAT. #NT MFG NAME 319495.000 31,495.00 CITY # 8100 BRIO ENTERPRISE SERVER SOFTWARE I i 04 1.000 EA VENDOR CAT. #NAC/WIM/UXIX MFG NAME 719.000 719.00 CITY # 8100 BROPQUBRY ENTERPRISE DESIGNER ANNUAL NA1NT 9 SUPPORT P GB TOTAL B 56,009.00 r. i rAWI M611klCI,EYIQW 1, firms - ti'el 38 Wr .n.... ««n.U DsldnMion MNif I 1 Snor~na o,ftrwolent. 1i s!Mind Mhlks yn~ 5 rr• '.Mr a 1- " I U0 theft la YicfulN e n to • 11 oof lAd`P I I 1 laud rx t,m J F It 1 c, I M ~I I pUnCHASE DOW NO. 95214R THIS IS A XXX CONFIRMING am This txxmbr nxxel appear or, an OF MARKEDI Invoices, delivery stlp& ogee, ant., p0 p'7~ DUPLICATE ne., boxes. Pecking slope rd bills. Ae4 No: Bid No. Oft 05 19 99 peas Na 02 CITY OF DENTON TEXAS PURCHASING ONISION f 901-8 TEXAS STREET 1 OENTOK TWO 70201-4354 ~ 9401349-7100 0/1'W WRO 8171267-0042 FAX 9401349-7302 ENDOR MANAGED INFORMATION SYSTEM, I31 R the CRY of Donton's Webslle at www.en"Id~eo.n TAME/ 4545 FULLER DRIVE DELIVHIY CONFIRMATION ONLY C11 tDORESS SUITE 200 ADDRESS INFORMATION SERVICES IRVING TX 15038 601 E HICKORY DEIITONt TX 76205 i BARLEE GLOVER TERMS VENDOR NO. NAN15005 DELIVERY OUOTED 06 01 99 FOB DESTINATION BUYER TO 005 40.000 EA VENDOR CAT. 1MAC/YIN/UNIX MFG NAME 89.100 3,564.00 CITY 1 8100 INSIGHT FOR NETSCAPE OR NO EXPLORER ANNUAL KAINT E SUPPORT 006 1,000 BA VENDOR CAT. #WT MFG NAME 5x669.100 5,669.10 CITY 4 8100 ERIO ENTERPISE SERVER ANNUAL MAINTENANCE A SUPPORT 007 4.000 EA VENDOR CAT. /PER DAY MFG IAMB 2,200.000 8,800.00 i CITY 1 8100 ONSITE TRAINING (UP TO 10 PEOPLE PER CLASS) 0 P OE TOTAL a 18,033.10 OR ND TOTAL s 74,042.10 t 01 460 044 COMP 9847 9107 74,042.10 YENCOA WSiRklCT10N3 I Toms - Net 30 Wool -e-.a.-,rK" i IVA *w "ki stiff 060WIe s4FF 4. ShiFFUp k+ftrectieeR F.011111. ONtiowl" Fort ew«, wow4dj At m1i { Ne lekfet v side Ole! UA IIMII 1! OKlede4 p l oll 1 elm up in Prices tilled OsntM TX nsl _ Jj I l { I ~19.02Z Ada Na - AGENDA INFORNIATION SHEET AM iskem Z Dole AGENDA DATE: June 1, 1999 DEPARTMENT: Planning and Development CNIMCSVACM: Rick Svehla ~J 9 SUBJECT A resolution by the City of Denton, Texas authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 1999 Action Plan for j Housing and Community Development with appropriate certifications, as authorized and s required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing fot an effective date. I j BACK,GROt? 1 Development and submission of an Action Plan is a prerequisite for receipt of Community lhve!opment Block Grant and HOME funds. the plan includes information 1 on funding available for 1999 community development programs and proposed activities. Each annual Action Plan is a component of Denton's 105 ('onsolidated Plcrn for Wousing and (L'ummunirr 1h relopmenr. Regulations require a 30-day comment period on the plan and at least one public hearing. The official comment period for Demon's Action Plan was April I f lough April 30. Two public hearings were held to obtain citizen comments. Council members continued to discuss issues related to the funding of the Denton Affordable I lousing Corporation at the Slay 25 meeting. It was determined that DAHC funding would be approved as recommended by the Community Development Advisory Committee. However, release of DAI IC operating funds will be contingent on compliance with specific construction deadlines, removal or demolition of the five units on Slockingbird Lanc. 1 he funding agreement developed with DAIIC for use of $98,000 in I IOME dollars will include these provisions. Council will have the opportunity to review the proposed funding agreement prior to approval. ESTI\1ATFU SC'11EDUI.F:OF PROJECT City Council considers approval of Action Plan June 1, 1999 Submission of Action Plan to HUD June 2, 1999 EnN ironmental review process May 15 - July 20, 1999 Release of funds by HUD August 4, 1999 Project initiation August 5, 1999 Request for approt al of DAIiC contract September 21, 1999 Project completion July 31, 2000 Page I C . c. 1 PRIOR A ON E W (caMU, ard1h Coolpl •aanel Community Developmeit Advisory Committee members developed recommendations for' use of S 1,771,977 in CDBO and HOME funds on housing, capita[ inwoverrNAU *0 program administration. CDAC minutes are on pages 34-71 of the Actiatr Plan boq*t The Human Services Committee members developed rocommendatioru3or the we of $179.922 In Community Development Block Grant funds. HSC minutes begin as page 72 of the Action Plan booklet. Each committee presented their respective recommeadations to City Council on April 27. Ann Hatch the CDAC committee representative addressed issues she had noted were concerns of the City Council. These included expansion of the American Legion Hall, Denton Affordable I lousing Corporation public participation requirements and funding of street repaving projects. Ms. Hatch explained CDAC's decision-making process and their stand on each of the issues. Council review at the May 25 meeting is included uncle: the "Background" section above. FISCAL INFORMATION All projects and programs approved under the 1999 Action Plan are funded with CDBO and HOME funds. No general fund dollars are included in the proposed 1999 Action Plan. DID INFQRSLATiON Each project will be bid according to Federal, State and local laws and regulations. Tom' ACHMENT& 1 Listing of 1999 projects/activities - page 3 Resolution approving the 1999 Action Plar. - pages 4-5 • The 1999 Action Plan booklet was previously provided under separate cover. Respectfully submitted: ~ ill Director of Planning and Development Prepared by/: Barbara Ross Community Development Administrator Page 2 r 1999 PROJECTS/ACTIVITIES CDHG AND HOME FUNDS The City of Denton's total federal funding for 1999 is $1,771,977. Program funds have been allocated to an array of projects and activities to benefit low and moderate Income households. Each project is described In detail from pages 8 to 30 and are arranged by prol:ct number. SK the following list ofCDBG and HOME proposed projects and activities foriheir assigned project and page number: Project 4 Project Name Amount Page 12 Adult Day Care ofNorth Texas 12,000 8 9 AIDS Services of North Texas 10,000 9 3 DAHC• - Affordable Housing Opportunity Program 78,000 10 2 DAHC• • Operating Costs 20,000 11 17 Demolition Program ISAW 12 1 Denton Community Development Administration 291,895 13 16 Denton Crunty MHMR Center 10,000 14 13 DISD: TTRIPS 10,000 IS 20 Duncan St. Repave 3?,000 16 4 Emergency Repair Program 20,000 17 8 Fairhaven Retirement Home 9,500 18 7 Family Ilealth Center 20,000 19 II Gayla/BrldgesUtility Improvements 414,620 20 5 Homebuyers Assistance Program 394,678 21 6 Homeowner Rehabilitation/Optional Reconstruction 281,662 22 10 HOPE, Inc. 25,000 23 22 inlerfaith Ministries 15,325 24 21 Neff St, Repave 39,200 25 IS PARR: ASASII'RAC Scholarships 15,000 26 14 PARD: King's Kids Summer Playground 22,000 27 Is PAP D: Owsley Summer Playground 14,000 28 19 Reach,lnc. 4,597 29 23 TWU Cares Ifealth Center 12,500 30 1999 Total Funding Allocated to Projects 1,771,971 r y'` ` 1999 Funding AvailaYe (1,771,977) 1999 Unprogrammed Funds 0 I t,' i$ Ihnion ArrorJuble fluusins Corp. I Page 3 ( V RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 1999 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP- MENT WITH AKIROPR1AT'E CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE -HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, this City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a Home participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its emitlemomt funds and program income in the approximate amount of 51,791,977; and t WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Coi.vnunity Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropri ate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an Action Plan and appropriate certifications for entitlement funds under the Housing told Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION II. That the City Council of the City of Denton, Texas, authorizes the Director of Planning and Development to handle all fiscal and administrative matters related to the application, the Consolidated Plan and the certifications. SECTION dl. That the City Secretary is hereby authorized to furnish copies of this j.- resolution to all Interested parties, SECTION IV. That this resolution shall become effective immediately upon iu passage and approval. Page 4 i I ~ PASSED AND APPROVED this the _ day o: 1999. JACK MII.LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~ I i BY: ` J 1 : i w.a cacor asunwaadra.+~r rr~ynw sm. pw 60 i Page 5 t.. AGENDA INFORMATION SHEET O>tll AGENDA DATEi June 1,1999 DEPARTMENT: Engineering & Transport-ation DCM: Rick Svebla, Deputy City Manager ,SUBJECTt PROFESSIONAL ENGINEER SERVICES AGREEMENT WITH WIER & ASSOCIATES, INC. FOR AN AMOUNT NOT TO EXCEED $123,800.00 FOR THE EXTENSION OF BRINKER ROAD BACKGROUND: The extension of Brinker Road will connect Southern Hills Boulevard at its Intersection with Colorado Boulevard to existing Brinker Road (near the rear of Walmart). The extension consists of approximately 3,000 linear feet of 44ane divided roadway. This extension will enhance the growth and development in the area, provide safe access to businesses, and provide smoother traffic flow. Project Is A joint effort of Denton County and City of Denton. Project will function as detour route for Loop 288 in 2001.2002. BECOMMF,NDATION: Approve the contract with Wier Associates for $123,800, Need to get underway to get construction started in January 2000 so this road can function as part of Loop 188 Detour Route when the Section between 1H 356 and McKinney Street begins in 200E J FISCAL. INFORMATION ~ ll S 123,900 will be funded by an interlocat Agreement with Denton County from 1999 Deter Roads Bonds. Respectfully submitted: J lark, rector En necring Transportation 4 r M1 J!`, .F. .1, i WIER & ASSOCIATES, INC. [40wflwNO N LANG PLAN LANs A 44N O fL.f f ALf ACNN wi[w, f.[.. E. w. L. E. ul.. LANE Ill, w.[„ E.1 E. April 271999 A MCA .GNALC w. [aC.Ett.i.t. C.rAEL[f a. Lf GG.. Mr. Jerry Clark, P. E, Director Engineering & Transportation Department City of Denton, City Hall West 221 N. Elm Denton, TX 78201 RE: Wd[A 99-004; PROPOSAL AND DRAFT OF PROFESSIONAL SERVICES AGREEMENT FOR THE EXTENSION OF BRINKER ROAD Dear Jerry: Thank you for your notification that Wier & Associates, Inc. has been selected as Engineer for the above referenced project. We understand the project will be accomplished by coordination between the City and the County. This roadway will connect Southern Hills Boulevard at its intersection with Colorado Boulevard to existing Brinker Road (near the rear of Waimart). The extension consists of approximately 3,000 linear feet of 4-lane divided roadway (Two twenty-five feet back to back paving slabs) in a typical elghty-foot wide R.O,W., with 14-foot wide median and 9-foot wide parkways. Descrfp0on of Poloct Our design, plans and specifrcations will provide for City "standard" 8-inch thick concrete paving. Subgrade stabilization will be 8-inch thick lime or cement (based on recommendations from soils testing along the alignment which will be performed by a geolechnical subconsultant to Wier & Associates). We prepared an approximate horizontal and vertical alignment for this roadway based on readily available (but old) aerial mapping contours, Attachment "A-1" consists of three reduced size plan/profile sheets on which a conceptual alignment is shown. The r horizontal alignment is suitable for a 45-mph design speed (without the need for superelevation). The vertical alignment shown creates cuts of up to 13-feet deep through the two hills crossings and this preliminary vertical alignment is suitable for only a 40-rrph design speed. During the design phase, after we survey in the field actual ground elevations, we will evaluate whether a 45-mph vertical alignment can be obtained, .f foe .,...f. •une too nio v,r.... u. •erf if0 faf, ♦ANNaN e n A .a.rn. .,uf vr[♦ ff.• fi••,u. +11 wn.a r., 51T.01 11i2 .n Le M..~1f[[A]t wr.a r.. E„YC uof wnn b f•ff OC. C.N` 2 0,1 to prebC"nt /'w wn "Not [pn1 i Mr. Jerry Clark Page 2 of 5 April 27, 1999 Unless there are major differences between the currently assumed ground elevations and the actual ground elevations to be surveyed, a 45-mph design speed will result In even greater cuts and perhaps greater Ms also. Conceptual Pre-destan Opinion of Probable Construction Cost Attachment "A-2" is our Conceptual Pre-design Opinion of Probable Construction Cost for the project. Our opinion of totat oonstruction cost for the project is $1,286,563 including a 10% contingency, but excluding surveying and engineering fees, Without contingency (and excluding surveying and engineering design fees) the construction cost is $1,169,603. This can be compared to the $955,606 total constn::tion cost (without contingency and design fees) in the City's 5-8-98 opinion of cost. Aside from recent increa" in construction costs over the last year, this $213,997 difference can mostly be explained by recognizing the fol!ovAng five areas of difference; 1. Excavat6n/fill - The City's $57,042 estimate for 6,338 cubic yards (CY) of excavation and 3,169 CY of fill apparently didr t anticipate the large cuts required through the two hills in this rolling topography or the fill required through the wide flat valley. For comparison, our opinion cost based on the conceptual profile reflects $268,600 for 31,600 CY of excavation and 12,500 CY of compacted fill, a $211,558 difference. 2. Drainage - The City's $116,800 opinion of cost included no cross drainage where we have an 8' x 6' box culvert, and apparently the actual longitudinal drainage required for this specific alignment is longer or of greater size than the City's assumptions. j Our opinion of roadway d ainage costs is $199,420, or $82,220 higher than the City's 5-8.93 opinion. 3, Erosion control - While the $14,100 difference is overall a minor amount, the cost shown in the City's 5-8-98 cost opinion was $5,900 whereas ours Is $20,000. This is a difficult item to estimate for anyone except a contractor on a specife project. Our opinion Is based on a prorated length of a similar recent street project twice the size of this one which we will be designing for the city of Arlington, 4, Right of Way (R.O.W.) Preparation and Clearing - Again, while the $17,736 difference Is overall a minor amount, tht City's 5-8.98 cost opinion included $17,064 for this lump sum item, whereas our opin;nn Is $34,800. This also Is a difficulit Rem to estimate or to compare between estimators, but the difference may be partially related to additional clearing for cut & fill slopes outside the R.O.W. which may not have been recognized In the Citys quantr d3.) 5, On the other hand, the City's allowance of $42,661 for Contractor's Warranties and Understanding was not recognized as a separate line Rem by us and the $42,661 for Barricades and Warning Signs seems to be excessive for a new street to be constructed across undeveloped property. i 3 I' r i Mr. Jerry Clark Page 3 of 6, April 27, 1999 Slopes and Slope Easements vs, Retsinina Walls Our conceptual design shown on Attachment "A-1" and the Basic Project Cost shown on Attachment "A-2" assumes that cut-slopes (up to 50 to 60-feet outside the R.O.W.) would be used in lieu of retaining walls. However, we showed on the plan portion of Attachment "A-1" the location of some optional retaining walls. On the Attachment "A-2" Opinion of Probable Cost we evaluated the approximate additional net cost if retaining walls in the more massive cut areas were used instead of slopes within slope easements outside the ROW. These walls could reduce the unrestrained cut height to about 4-feet, wh1ch could then be transition by slope above the top of wall. The use of retaining walls would save clearing of about 0.60 acres. The approximate net cost for adding these optional walls to the project would be about $288,970 including a 10% contingency. Due to the relatively high cost for walls, we assume the City will prefer to obtain slope easements from the affected Columbia tracts. The retalning walls would have a tendency to reduce future driveway accessibility options to the roadway along adjacent private properties. Therefore, it is our initial opinion that Columbia would also likely favor the use of slopes rather then walls and would therefore 1 grant the slope easements to the City along with the roadway R.O.W. Please advise should the City prefer Instead to use retaining wells. Included/Excluded Items or Services i While our Basic Services are described In the contract and attachments, please note that we have structured the project and our Be* services to Include or exclude the items as listed below. If you desire differently, please advise. 1. Sidewalk along one side of the roadway only. 2. No median openings or left turn lanes. 3. No grade separated crossing at the future Rails-for-Trails alignment (we could evaluate required alternative improvements and costs as an optional service study if the City desires). 4. No landscaping Improvements. 6. No public waterlsewer improvements. 6. No stormwater detention improvements (stormwater detention within the affected watersheds should be provided on private properties in the watershed as those properties develop), 7. The excess of volume of cut material beyond the fill material volume required for the roadway will be disposed of as part of this project by compacting it on selected f adjacent lower areas of the site owned by Columbia, probably adjacent to the rill-section of the roadway, 1 a r Mr. Jerry Clark Page 4 of 5 April 27, 1999 8. Traffic markings will be designed by Wier & Associates based on comments on our Preliminary Plans to be made at no cost to Wier & Associates by City's consultant Cummins S PeWtt. 9. GeotechnlcaNSolls explorationResting will be performed by Rona Engineers as a sub-consultant to Wier & Associates for the purpose of determining classifications and atterberg limits tests and defining a proper subgrade stabilization technique for the soils to be encountered. Due to the heavy tree cover, access to the site for borings may not be possible until after the contractor clears the R.O.W. If that is the case, we will design and prepare plans based on an assumed percentage of cement and also get an alternate bid on lime. Then, once boring rig access Is available after clearing, but before excavation, Rona will perform borings and we will issue a change order spocifying the final decision on the proper subgrade preparation technique, 10. No Geotechnlcal or civil services are included related to "design" of the paving section thickness or to retaining wall design or plan preparation. Additionally. City forces l assist in the project by providing or performing the following; 1. Engineering & Transportation Department staff will utilize the map locating groups of trees (or gaps between groups of trees) as prepared by Wier & Associates, and will make application for and perform all coordination Internally to obtain necessary permission or permits for tree removal. 2. Specify the locations for transverse irrigation and/or electrical conduits connecting parkways and median areas to be shown on the plans. 3. City forces will provide design street lighting Improvements. 4. City will provide reproduction of plans for bidding and construction use based on mylars or CADD disk to be provided by Wier 3 Associates. S. City anticipates advertising and conducting bid opening withoul assistance of Wier & Associates. 6. City forces will provide oonstftK*n staking services. 7. City will perform construction phase inspection and testing. Professional Services Agreement Attached Based on the Professional Servtoos Agreement format your legal department sent via email, we have filled In appropriate blanks and created exhibits for use In the agreement. There Is no Exhibit W. A The Professional Service Agreement Exhibits are labeled 'B", "C", "D" and "E', Exhibit details the Scope of Services anticipated for the project. Exhibit "C• details 5 r i I , Mr, Jerry Clark Page 5 of 5 0, J April 27, 1999 ql Compensationlt'ee Issues. Emit •D" details Additional Services to be added to ArWe III, Section H. We have also attached an Exhibit 'E`, which is a simplified Location Map showing the project alignment and the surrounding area. I trust this is the information you need at this time. Please call me If you have further questions or need additional Information. We look forward to working with you on this project Yours Very Truly, John . Wier, P.A., R.P.L.S., Pre ent, Wier & Associates, Inc. JPW:JPW Enclosure(s): Attachment'A-1' - Conceptual Plan/Profile d Drainage Areas (4 sheets) Attachment "A-2" - Pre-design Engineer's Opinion of Probable Construction Cost Prof.ssional Services Agreement Exhibit 'A' - (NONE) Exhibit W - Scope of Services , Exhibit'C' - Compensation/Fae Schedule Exhibit "D' - Other AddAlone I Services Exhibit *E'- Project Location Map 4 6 ATTACHMENT A-2 XIM WIER & ASSOCIATES, INC. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST DATE: April 22, 1999 CLIENT: City of Denton PROJECT: Brinker Road W&A JOB N0: 99-004 TOTAL UNIT ITEM No. DESCRIPTION, F ITEM QUANTITY UNIT aRICE COST I Paving & Drainage Improvements 1 Unclassified Excavation 31,600 CY 5,00 158 000.00 2 Com acted Roadway Embankment 12,5W CY 150 43 75000 3 On-site Compacted Fill 19,100 CY 3,60 66 850.00 - J R.O.W. Preparation d Clearing 29 STA 1200.00 34 800.00 5 8" Lime Stabilized Su rade 18,055 SY 2.25 40 623.75 6 Hydrated Lime Assumed 36 Ibs/S 325 TON 100.00 32,600. 0 7 8" 3000 PSI Concrete Pavement 16,734 SY 30.riur 602 020.00 8 4' Wide Concrete Sidewalk 1,350 SY 25.00 33 760.00 9 Bowmanits Median Cap 120 SY 50.00 6,000.00 10 Median H dromulch Sodding 4,300 300 SY 1.20 5180.00 11 H dromulch Seed Parkways & Sio es 13 900 SY 1.20 18 880.00 12 Remove Standard Street Bankade 80 LF 10.00 800.00 13 Remove 30" Type "B" Headwall 1 EA 800.00 800.00 14 18" RCP Class Ill 350 LF 45.00 15 750,00 15 21" RCP Class III 600 LF 48.00 28 800.00 16 24" RCP Class III 100 LF 63.00 6,300.00 17 27" RCP Class ill 120 LF .00 6,9W,00 18 30" RCP Class 111 150 LF 5.00 9.760.00 19 36" RCP Class III 120 LF 78.00 9 360.00 20 8'x8' Box Culvert 90 LF 300.00 27 000.00 21 15' Recessed Curb Inlet 5 EA 3 .200,00 18 000.00 22 20' Recessed Curb Inlet 5 FA 4.000.00 20 000.00 23 Stone Drain Manhole 7 EA 5.000.00 35 000.00 00 24 38" T s "B" Headwall 2 EA 1800.00 3,200, 25 8'x8' Box Culvert Headwall 2 EA 6.5w.00 11, 000.00 28 Parn et Wall 3 Culvert Rail 70 LF 150.00 10 500.00 27 Erosion ControVPollutlon Prevention 1 LS 20 000.00 20.000.00 , 28 Trench Safety 1,700 LF 1.50 2,550.00 29 Refleetorized White Traffic Buttons 350 EA 0.00, 2100.00 ( = 30 Non-re►lecto0zed White Traffic Buttons 300 FA 5.00 1 500.00 ✓ 31 rosswalk 1 EA 850.00 850.00 4'2&09 Pape 1 of 2 op0499,xis 7 i c 1i i i I PROJECT: Brinker Road wu Joe No: i6-004 F ITEM TOTAL ~ DESCRIPTION O QUANTI UNIT PRICE COST 350.00 LM T Arn400,1)0 S Dar 1 JEA n3.00 2PVC ElmvUlm Conduk 2750.00 t35 2"PVC Con OuUforl tUon 250 750,00 TOTAL SAW SE RVICES lies !03,15 10% CONTINGENCY i f e iso.oo TOTAL BASIC PROJECT COST 1:66 561.75 U of►al Shutt 111 RsdaIn WaUa 1 Ratain Wall 450 CY 500.00 225 000.00 2 Horidmil 950 LF 50,00 47 600.00 3 Radtutlo1 In Unclas~ ExcavaWn 1400 CY 7.00 9800,00 TOTAL OPTIONAL RETAINING WALLS 24 700,00 10% CONTINGENCY ~Q,oo I rarAL RFxAlNINCI wALL cosr 26e:7o,o0 Since dx destgn peafaWenal hoe no control" d4 ow of bbw, n*wWs, w apofpmwd, at ow tha ~utw's mattwd of datormiNm a prices, at otw to o "ddva W"no ot must owwoo r, Ns o0Nam of probable oon provldW for h"n we to be mWe an d,a basis of We aapwianq and pWl(eadom', Thou o0nlana Wmwm M boo Judgment me a dadgh pMasaland funlgw MA Ow oorotruadon Industry. Havawr, ow dadgn pofesaiand oM not and does not gusrwov ft Oropouls, Ndr, or eonaburtlon eoN wA! not vary horn dN epiniom of probable oust M hoc I+raparW. M Iha ewnw wishes resist aaarenu as to du ewuwctim sod, M"",q on kwapandam con wilmatw. PrepaMd by. PLO Chocked by: un uzsroa Paps 2 of 2 OsOlaf.ats 8 i r o4, sl~Vw lu7Jl 1711T0OM34 L'f 111S1E5 12 001 002 t Fax Cowl Sheet We m tranem[tpal pw'O phte me Co... pap. fOc Nome: Am&eLA C! 4rAmpanr: 1,~ " tax HUM T. F1-1 - 41d - I-? I% IS" Vane: f, A AMA DepafimenL' ea*- ,M ~ i1toNu.eer. I 44 DMde: I -e4ftw t. 4-1.11 D" YAW Vmib% I~ It the.t sm my pob! a with WA taenemietloe. q ee WI the dapeetment phone number abave. crffbpanoMON11wV M I9'I~I . Ad wWamig , i 34"236 LAMY AW n=l 19401 N 77{9 tupolye curt. "34 f=8 r wta l MS 'lat q 's 1~40j 14-13 M It PAW TOM Dllee Dimiouim. ( 140-7349 VAN jM 149-M Subeadaae A e J24? t 1 1 . OM rtre eatwa 1 HUMM Weatts.ta { r49-046 boa { eM. ' 9er M es I yel ec. X3'1 G a 9 c~ v~rii w 19144 >r41 rosa1 a44 l7itiT16S oot ooi BRINKER ROAD EXTENSION n ~ N WATER - BRINKER ROA SEWER ~ L' - EXTENSION ye r Q P.2 MAY e4 '99 s6+2iPM HIER a ASSOCIATES 06.01-99 Assumed date that Professional 9ervics6 Agrsemsnt is finalized and engineer authorized to Proceed. 06-15-99 - Clete field boundary and topo surveys, sample tree surv cal Me tewith -ity toireew andhconfirmahorizontali& verticallnt, aligntant. completu revPreliminary b Plans or review by City (assume subsequent 3 week 12-01-99 - Complete P'.nal Plans, specifications, right-of-way by City,?eview by City. (Assunw subsequent 2 and easement period documents for week roview 01-04.2000 Provide final mylars for bid set reproduction by City. I 5 i i 4 r ` 1 a u i ORDINANCE NO. ` AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WIER & ASSOCIATES, INC. FOR BRINKER ROAD EXTENSION ENGINEERING SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems It in the public interest to hire Wier & Associates, Inc. to provide professional engineering services to provide surveys, geottchnical borings and subgrade recommendations, and design services for extension of Brinker Road; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION] That the City Manager is hereby authorized to execute a Professional Services Agreement with Wier & Associates, Inc, for professional engineering services for Brinker Road Extension, in substantially the form of the Agreement attached hereto and incorporated herein by reference. I $F .TIION 114 That the expenditure of funds as provided in the attached Agreement is hereby autijo,ized, SECTION IH:1hat this ordinance shalt become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1949• JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ¢ l' r, HERBERT L, PROUTY, CITY ATTORNEY BY: r iharcCdep',L6L{M Uxvmrnb'Unlnmtt+'wT A Aoxisiti(Winma&v 12 C li PROFESSIONAL SERVICES AGREEMENT FOR AHNKER ROAD EXTENSION STATE OF TEXAS COUNTY OF DENTON TATS AGREEMENT is made and entered (nt~, as of the day of , 19•,•,, by and between the City of Denton, Texas, a Texas murticipal corporation, with its principal offlce at 215 Fast McKinney Street, Denton, Demoa County, Texas 76201, herelmAer called "OWNER" and 117er A Associates, lea, with its corporate office at 4.100 Bel" Mee, SuUe 134 ArUnlren, IX 76014, hereinifl r called "CONSULTANT; a:ting herein, by and through their duty authorized representatives. WITNESSET14, that in consideration of the covenants end agreements herein contained, the parries hereto do mutually agree as follows! ARTict.F I EMPLOYMENT OF CONSULTANT The OWNER heratry contracts with the CONSULTANT, as to independent contractor, end the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordsnce with the highest professlonal standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project, The Project dull include, without limitation, eogtoeerlog seMeu for the extension of appratiintately 3,OOJ linear far of jour-fen• lidded roadway (riw twenty-five fed bock-ta back pavement slabs) in a typical siphWisor wile RlgAf-0f-Way at wall a the neeaeary grading end worse drainge bnprowmenn. This rsadway will connect Southern Hills Boulevard of lts lntersecdon with Colorado Boulevard to exbting Brinker Read A_RTICUT 11 SCOPE OF SLRI^CES The CONSULTANT stuff perform the following services In a professional manner. A. The CONSULTANT shall perform all those servica as necessary and as described in the OWtdER'S (describe any request for proposal which the OWNER has utilited to solicitthe CONSULTANT'S services), which is attached hereto and made & pat hereof as Exhibit "A" as if written word for word heroin. B. To perform all those services set forth In CONSULTANT's EXHIBIT 'B'• Scope of Services which propotd is attached hereto and :Wade a put hereof as Exhibit' 9' as f written word for word herein. a 13 t, I I C. CONSULTANT shall perform all those services set forth In individual task orders which shall be attached to this Agreement and made a part here-of for all purposes as separate agreements. ([(CONSULTANT Is it professional engineer and you wish to list specific service:: of the CONSULTANT, please list all specific engineering services to be provided, including the preparation of detailed plans and specifications.) D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms tad conditions of the attached exhibits or task orders. ARTICLE III ADD] rIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not Included In the above•describee Basic Services, are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts, B. Assisting OWNER or contractor In the defense or prosecution of litigation in connection with or In addition to those services contemplated by this Agreement, Such services, if any, shall be fumished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in belie Services. D. Prepari•.S copies of computer aided drafting (CAD) electronic data bases, drawings, or files fur the OWNEP's use In a future CAD system, E, Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as en expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, Including the preparation of engineering data and reports for assistance to the OWNER. 0. Providing geotechnicai investigatinns for the site, including soil bodngs, related analyses, and recommendations. R f r " H. See EXHIBIT 'D'jor Ilrf ojother additional stMets not Included in Banc Servlca, Page 2 14 t 1. l ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, Including Additional Services, if any, and any required extensions approved by the OWNER, This Agreement may be sooner terminated In accordance with the provisions hereof. Time is of the essence In this Agreement. The CONSULTANT shall matte all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee, ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses Incurred by the CONSULTANT in employment of others in outside firms for services in the nature of Structural Engineering, Ceotechnlcal or other Specialty Services. 2. "Direct Non-Labor Expense" Is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar Incidental expenses In connection with that assignment. 0. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "C" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including, reimbursement for direct non-labor expenses not to exceed 51231800.00. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through Its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the wc,rk performed at the time a statement is rendered. The OWNER may withhold the final five percent of the contract amount until completlon of the Project. Nothing contained In this Article shall require Lie OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which Is not submitted In compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in 'As default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the Page 3 15 t. i maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article Ill "Additional Services," without obtaining prior written authorization from the OWNER. C. ADDITIONAL SERVICES: For additional services authorized In writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit "C." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be In accordance with subsection B hereof, Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT 6c,t services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtitth (60"') day, and, In addition, the CONSULTANT may, after giving seven (7) days written notice to the OWNER suspe id services under this Agreement until the CONSULTANT has been paid In full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation." I ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies In the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or famished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are Instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT Is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT Is released from any and all liability relating to their use In that project, Page 4 16 t, I c 1 v I ARTICLE Vlll INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal Injury, death and property damage, resulting from tho negligent acts or omissions of the CONSULTANT or to officers, shareholders, agents, or employees In the execution, operation, or performance of this Agreement, Nothing in this Agreement shall be construed to create a liability to any person w.1o Is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of sction, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following Insurance with an Insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at feast an A. or above, A. Comprehensive General Liability insurance with bodily injury lim?ts of tot less than $500,000 for each occurrence and not less than $$00,000 In the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily Injury limits of not less than $500,000 fbr each per:nn and not less than 5500,000 for each accident, and with property damage limits of no,, less than $100,000 for each accident. C. Worker's Compensation Insurance In accordance with statutory requirements, and t f' Employers' Liability Insurance with limits of not less than $100,000 for each accident. D Professional Liability Insurance with limits of not less than 51,000,000 atmual aggregate, Page 5 1i r E, The CONSULTANT shall furnish insurance certificates or insurance policies at the I OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional Insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing tie same coverage. ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution allsing out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding aay other provision of ty.is Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fultlll its obligations under this Agreement. No such termination will be affected unless the other party Is given (1) written notice (delivered by certified mail, return receipt requested) of Intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar dk ; to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall reader a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior o the date of termination, in accordance with Article V "Compensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate In providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may malnWn copies of such documents for its use. ' 1 ' i Page 6 18 D u t i RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER ahall not cone6tuts, nor be deemed a refeue of the responsibility and liability of the CONSULTANT, Its employees, assoeiatet, agents, subcontractors, and euheonauitrnta for the soctnsey and competency of their designs or other work; not shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its ernpluyees, tubeontractors, agenor, and consuhmts. ARTICLI`III]t NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personalty delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified maf1, rehim receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: IVler A Associates, lilt City of Dentan 1300 Bflrway Place, Sake 1 JO Michael W. Jet, City Manager Arlingtae, TX 76018-1097 21S Es rt MclUoney Deaton, 7020176201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ARTIVLK 1►"V ENTIRE AGREEMENT This Agreement, consisting of sea (10) pages and jorwr (4) exhibits, constitutes the complete and 11nal expression of the agreement of the parties, and is intended u a complete and exclusive statement of the tents of their agreements, and supersedes all prior contemporaneous , orfers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. SttVRL1 TY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be Invalid or unenforceable, it shall be considered severable fmm the remainder of this Agreement and shall not cause the remainder to be Invalid of unenforc eable. In such event, the parties shall reform this Agreement to feplue sucb stricken provision with a vsffd and enforceable provislon which comes u close u possible to txpraaiog t.-s intention of the stsickea Provision, / A Page 7 l9 u iI "Dox XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, n'les, regulations, and ordinances applicable to the work covered hereunder as they may now recd or hereinafter be amended. ARTICLE XVHI DISCRIMINATION PROHIBITED In performing the services required hereunder, ►he CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, nel- at origin or ancestry, age, or physical handicap. B RTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of Interest or potential conflict of Interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under Its supervision. All personnel engaged In work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. i ARTICLE `'K ASSIGNABILITY The CONSULTANT shall not a+sign any Interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER, ARTIC ,E XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification Is In writing and duly executed, and the panics further agree that the provisions of this section will not r , ! A be waived unless as set forth herein. Page 8 20 r ~ll t I- i ~ITICI.E XXII MISCELLANEOUS A. The following exhibits are attached to and made it part of this Agreement, Exhibit "A"-(NONE) Exhlblr "B"- Scope of Services F,xhlblt "C"- CompensattowFee Schedule Exhibit "D"- Other Additional Services Exhibit "E" - Project Location Map 4 i B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years der the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreemen'. CONSULTANT agrees that OWNER shall have access during normal working hours ,o all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section, OWNER shal'. give CONSULTANT reasonable advance 11 notice of intended audits. C. Venue of any suit or cause of action older this Agreement shall lie exclusively n Denton County, Texas. This Agreement shall be construed in accordance with tha laws of the State of Texas. i D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be anticipated to be primarily John P. Wier, P.E., ILP.L.S., Ulys Lane, P.E., R.P.L.S., Philip Graham, and Icon Coombs, ILP,L.S. However, nothing herein shr-,I limit CONSULTANT from using other gsalitled and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof, In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure th?t the work Involved Is properly coordinated with 1 related work be;ng carried on by the OWNER, F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the P-1ject, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and p6va+e property as required for the CONSULTANT to perform services under this Agreement 0, The captions of thi• Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. Page 9 21 v IN WITNESS HEREOF, the City of Denton, Tom hu caumad this Apeenwat to be executed by its duty audiotized City Manttpr, and CONSULTANT ham ntmemad this Agreemo l through its duly authorized undardpat! officer on Wit the day of , 1999. CITY OF DENTON, TEXAS Ml. HA£I. VN. JET CITY MANAGU ATTEST: JENNIFER WALTERS, CT[Y SECRETARY BY: APPROVED AS TO LEGAL FORM, HERBBRT L. PROUTY, CITY ATTORNEY BY: CONSULTANT-. WIER A ASSOCIA FES, INC, BY: JOHN A MR, PRESIDENT' WITNESS: 8Y-. A~'., rl Page 10 22 1 1 t ~ EXHIBIT "B" - SCOPE OF SERVICES ENGINEER/SURVEYOR will provide the following BASIC SERVICES for the Br(nker Rood Extension project (An approximate allocation of the portion of the total Basic Services Fee associated with each item is shown in parentheses after each subtitle.) (B-1) Right-of Way Surveys (:8,000) Provide field and office services to perform field traverse, boundary ties, establish vertical control benchmarks along the general alignment. (B•2) Alignment Determination & Design Surveys ($17,000) Evaluate horizontal constraints and determine geometry for the recommended horizontal alignment for the roadway, City shall review and approve alignment prior to ENGINEER/SURVEYOR proceeding with the Preliminary Design Phase. Establish centerline of proposed roadway alignment In the field. Perform topographic, cross-sections and other design surveys along the authorized roadway alignment to collect data for design of the grading, paving, sidewalk and drainage Improvements. (8•3) Sample Tree Survey (:3,000) Provide field services to field locate existing trees (having diameters equal to or greater than the diameter codified in the City's tree ordinance) within a certain 300-foot length of the SO-foot wide right-of-way. This selected sample site shall be at a location which ENGINEERISURVEYOR deems to be representative and typical of average tree conditions along the route of the roadway right-of way alignment. Prepare a map of the sample site showing the tree locations, sizes and types in the sample area. Additionally ENGINEER/SURVEYOR will locate and bring to Engineering & Transportation Department's attention on another exhibit any "specimen" trees encountered within any other areas where cross.Adons are made during the design survey phase. Englnsering & Transportation Department will utilize the sample map and exhibit coordinate with other City Departments as may be appropriate tc obtain the permission for removal of any and all trees as may be requir(A for constructlon of the project within areas both inside and outside the proposed right-of-way. 23 Exhibit 'B' w Page 2 of 4 (B•l) Geotechnical Borings 3 Subgrade Recommendsttons (;3,300) ENGINEERISURVEYOR will subcontract to Rone Engineers for their perform!ng in- field borings at six selected locatiors. ENGINEEMURVEYOR will field locate borings to be made. Two of these borings will be approximately 18-feet in depth and will be located (one each) In the two areas where maximum cuts are expected. Other borings will be 5-feet deep. Geotechnical Engineer will classify soil samples encountered and provide Atterberg limits data. Geotechnical Engineer will Issue a report summarizing findings and recommended appropriate subgrade stabilization techniques (likely lime or cement) and specifications, If tree dena+ty prevents access to site, borings may be delayed until a contractor Is selected and clearing of the right-of-way is completed, In this case, construction bids will be based on assumed conditions and alternate bids, afterwhich a change will be Issued clarify the final decisions on which alternative Is to be used. (B-5) Preliminary Design ($41,000) Prepare preliminary design and preliminary construction plans for the authorized grading, paving, and drainage Improvements I.^cluding locations for sidewalk improvements (along one side of the roadway csnly). A grading plan specifying the location for placement and compaction of excess excavation on adjacent ColumbialHCA controlled private property will be prepared. Prepare an Engineer's Preliminary Opinion of Probable Construction Cost for the Project based on preliminary plans submitted to city. i Submit preliminary plans for review by the City of Denton Transportation and Engineering Department. ENGiNEERiSURVEYOR will provide adequate number of sets of plans to allow the Transportation and Engineering Department to submit copies of preliminary plans to any other affected departments for which simultaneous review and/or approval by others within or outside the City may be required or desired. After review of the preliminary plans, representatives of the Transportation and Engineering Department shall schedule a date and time for one meeting to be held in ENGINEERiSURVEYOR'S office for the purpose of discussing the review comments. Department of Transportation and Engineering shall approve preliminary plans (including the city desired design speed for the roadway) prior to ENGINEERISURVEYOR refining those preliminary plans Into final construction plans. ✓ 24 r Exhibit 'B' Page 3 of 4 (B-6) Nationwide 404 Permit Coordination ($6,000) ENGINEER/SURVEYOR will coordinate the project with the Army Corps of Engineers and provide documentation and applications to obtain an nationwide Section 404 permit, ENGINEER/SURVEYOR may engage a subconsuhant biologist or other specialist to make wetland determinations I conditions along the project are encountered where such determinations by specialists ore necessary. (If an individual permit Is (equired, additional services will be necessary and those additional servlces will be provided for addiWriat compensation.) (B-7) Right of Way andfor Easement Documents (:14,000) Prepare documents for required right-of-way parcels, drainage easements, and scope easements Including metes and bounds descriptions and accompanying sketches. Stake the right-of-way comers once in the field prior to construction. ENGiNEER/SURVEYOR anticipates approximately 3 R.O.W. parcels, 9 slope easements, and 3 drainage easements. (B-8) Street Lighting Conduits and Irrigation Conduits (=1,000) E Design and preparation of plans for Street Lighting, Irrigation and Landscaping Improvements (if any) are not a part of the Basle Services to be providso by ENGINEER/SURVEYOR. However, ENGINEER/SURVEYOR will receive Input from appropriate Engineering and Transportation staff as to the desired alzes and locations of conduits which ENGINEER/SURVEYOR will show on plan sheets to be installed under proposed pavements by the contractor on this project. Conduits will be provided for future use by others in installing future street lighting electrical lines and for landscaping Irrigation facilities \ (8-9) Final Design and Construction Plans (=20,600) Design and prepare construction plans, specifications, and Ed documents for the authorized public Improvements, Including grading, paving, dralnoge, and sidewalks, Final plans, speclfeations and bid documents will include pavement markings and traffic slgnogs based on Input and locations provided by Engineering & Transportation Department or their consultants. Submit final plans, specifications and bid documents to the Engineering S Transportation Department for review and approval. Prior bidding and selection of contractor by City, ENGINEER/SURVEYOR shall provlde on.i set of approved 1 / myiars to City for City's use In reproducing plans for use In bidding and construction of the project. ?5 c Exhibit 'B' Page 4of4 (B-10) Erosion Control Plans(:3,000) Prepare erosion control plans and detail sheets Indicating aroaion control measures to be implemented at the 94e during construction. Specifications will be added requiring a Storm Water Management Plan and application be submitted by the General Contractor for an EPA NPDES permit it appropriate. A permit application, an accompanying narrative, area location map, Notice of Intent and Notice of Termination forms will be prepared for Inclusion in the contract documents for Contractor's use in submitting to EPA for the NPDES permit. (8.11) Engineer's Opinion of Probable Construction Cost 1$1,600) Prior to advertising for construction bids, prepare an Engineer's Opinion of Probable Construction Cost based on the final construction plans. (8.12) Establish Major Survey Control Point for Construction Use (;2,000) Provlds In the field, one time prior to construction, major horizontal survey 'control points', right-of-way corners and benchmarks at reasonably accessible locations along the alignment from which City will perform construction staking for Contractor. (8.13) Periodic Observations of Civil Construction ($6,000) City will provide construction inspection. ENGINEER/ SURVEYOR shall provide ' periodic construction review and observation services during construction of the civil improvements designed by ENGINEER/ SURVEYOR. These services would typically consist of not more than five (6) visits to the site during construction to review the general status of construction In-progress related to the civil Improvements destgrv,d by ENGINEER/ SURVEYOR. (B.14) As•buiiURecord Plans ($1,600) Provide a set of as-buiR or record plans of the completed construction (both mylars and on on electronic CARD disk formatted in a metafile format). Record plans will be based on changes, additions and revisions from the set Issued for construction basal on Information provided to ENGINEER/SURVEYOR by City Inspector, Contractor, or from In-field !rveys by others. ~6 cxrnoa •a' i Page 5 of b I ENGINEERISURVEYOR 0WI oomplete ft above Seslo Servloss within t -A following lh.wh msa, 08-01.99 • Assumed dab that 15missolonal Sarvbw Awoomml Is Moltved and Engineer suthorized to Proceed, 1 09-1549 • Complete field boundary and Wpo on", sample tree am" and sstablhlvN of hwft ttat end vertlool 017want. Meet with CMy to Wow and confirm hodwrdal & vertfool aWment. 10-01-00 • Complaba Prolfminwry Plane for rowew by City (a am* subasgwnt 2 week w4 w period by City), 12.01.99 fMel Plans, apedAealbne, doht-0/-wry and eaument documents for review by CNy. (Araums subaegtwd 2 week ravTew period by City.) 01.04.2000 Provide Anal mylars for bld W ropm&d m by Chy. i r. i • w EXHIBIT "C" - SCHEDULE OF HOURLY BILLING RATES FOR CASIC AND ADDITIONAL SERVICES E Hourly reimbursable services will be based on each staff-hour expended, and billed at billing rates for the specific Individual engaged on the project Billing rates to be based on multiplier not to ctxoeed 2.5 thnes "salary oost" "Salary cost" is defined as the cost of salaries of engineers, technicians, draftspersons, stenographers, clerks, field survey crew members, laborers, couriers, etc. for time directly chargeable to Bxi project, plus social security and retirement contributions, unemployment compensation Insurance, modical and insurance benefits," leave, vacation and holiday pay applicable thereto. Billing rates for specific individuals engaged on the project shall be within the categories illustrated below. es Billina Rate Rana Office staff, Principal Reg. Engineer/Rog. Surveyor $120.00 to $135.001hr, Registered Project Eng, or Surveyor $ 74.60 to $108,00/hr, Senior Technlcian/Graduste Eng?near $ 46.00 to $ 74.601hr, DraftspersordJunior Technician $ 31.00 to $ 52,601hr, SecretarisMord Processing $ 30.00 to $ 60,001hr. Field Survey Crew staff (Based on billing rates for Individual crew w embers ranging from $26,001hr. to $46,00lhr each). The billing rates for survey crews will be as follows; Two-man Field Survey Crew $ 60.00 Three-man Field Sur,ey Crew $1000 Four-man Field Survey Crew $128.00 Direct Non-Labor Expel In addition to Basle and/or Additional Services fees, the following "direct Non-Labor f expenses" will be billed at cost. (materials Reproduction urrcchased or utilized o the project including computer plotting of surveys end plan sheets. (b) Couderldelivery expenses, (c) Travel and subsistence expenses away !rem home. f+, Subcontra t ExQonsos Subcontract Expenses shall be billed at cost plus 10%. 28 cu i ~i i FX I I "D" OTHER ADDITIONAL SERVICES At this time certain Additional Services described below are not envisioned to be nocessary for this project. However, such Additional Services, if later authorized, can be perforn7ed on an hourly reimbursable basis or through an amendment to the contract and fee, when and if such were to become authorized. (H-1) Traffic Studies Prepare traffic studies to establish the existing traffic volumes/level of service on adjacent roadways to the project, and/or to predict future traffic volumes or level of service conditions after completion of the project. (H-2) Individual 404 Permit Coordlnadon/Studlee Coordinate the project with the Army Corps of Engineers and provide documentation and applications to obtain an individual Section 404 permit. (H-3) Detailed or Continuous Tree Surveys or Coordination Locate trees outside the 'sample area' noted under Basic Services. Prepare application for and/or submittal of a tree survey in accordance with City of Denton Landscape Ordinance to determine if any trees are protected. Prepare a tree I{ preservation plan for any trees that fall within the protected tree limitations or provide any tree mitigation services. (1-14) Rolocation of Major Water/Sewer Utilities / Design or coordinate for relocation or modification of existing major water mains, sewer mains and/or other utilities 9 required for the construction of proposed Paving and Drsinago Improvements. (H-5) Dsslgn of WaterlSewer Facilities along Roadway Improvements Design and prepare plans and construction documents for any required water and/or sewer facilities along the alignment of the paving and drainage improvements. (H-8) Street Lighting & Landscaping r, r Design of street lighting Improvements or landscaping Improvements, l I ~9 e E Exhibit'D' Page 2 of 3 (H-7) Storm Drainage Detention Design and prepara plans, specifications, bid documents, and right-of-way or easement documents for storm drainage detention improvements. (H-8) Underpass or Overpass Improvements Study, evaluate aftematives, deskn and/or prepare plans, specifications, and bid documents for underpass or otirpass Improvements at the 'Rails-for•Tralts' Intersection. (H-9) Other Geotechnicai Services Design of pavement section type or thickness, Larings or design for retaining wills, providing construction phase testing, or providing any other geotechnical or structural engineering services not show to be a part of Basks Services. 1 (H•10) Advertising, Bidding, and Constroodon Administration Provide services normally associated with notifying prospective bidders, 1 advertising for construction bids, conducting bid opening, anayzing. tabulating or summarizing bids received. Assist City of Denton in selecting and awarding the construction contract to successful bidder, Perform construction administration, review of contractor interim monthly and final pay estimates. Coordinate with City for final Inspection and acceptance of construction. (H-11) Revisions after Bidding to Reduce Cost Revising plans, specifications and bid documents, or preparing change orders to reduce the cost of Improvements In the event bids received are higher then desired, (H•12) Construction Staking Provide fold and office services to stake slope easement limits, stake Improvements for construction by contractor, resl3ke major control points destroyed by Contractor or others, or to providt, construction staking If so i requested by City. r r~ 30 i Exhibit`D' Page 3 of 3 i (H•13) Other Construction Phase Services Provide more periodic observations during construction then the number described under Basic Services or provide any other services during construction not tinted under Bask Services. (H-14) Other Services Any other services requested and authorized but not specifically listed under Basic Services. l I r 31 c WAL"T i 0 ~ ski o Iwo ~,.ml TRACT ti 3AM LP BFOSM ROAD EX TEN" COLL&MA TRACT t LL! ►tM! 84,0.* , MOW TRACT I I b~4 0 O L 0 A 0 0 OOLLWA TRACT Ly ~ o - COLtw TRACT 6EGH UCCI CA06M Q CCLLMSA TRACT i OBIT NO' lAw#TION III" W INN a AINCIAT/l, INCA a r rwcsN n.c,oaarro..«, ----q~ O`X r ~ , Y ~V \ r,r,"/, / \ \ war ~0A ;lj,' o f"', 10 t, i A 1~ / ~ a awot JO } II (~i 1. 21~f~1~8 l r ~ _ ~ a a ATTAOHMINT A*i DA I NKIrA ROAD VANaAr"mm,IMO, "mow OITY OF DINTON, a ON IN w ~ A" ~ b!!N~ON OAIINTV, T M Y A A «imeom «e+~Mrwr,r.w+w «n ti I F c k rwc~r,u ru~aaais>I.M l IL L -PL s4. 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FL 11411.c i - * 6 44 L r14 15 i - 01- ~4ft+ p Is M. 00 I ~p 4"s I --*-I 1 , 98N- P r ~y - ki It. $17 4 Gil 45 Cs h ATTAOHMIlNT A• 1M 11A I N K E R ROAD WWII A A18001AU9, INO, Mimi O I T Y 0 F D I N T O No rtti w""0111111 Luf ruwwrrr a~rwtiaaisaiwMrr DENTON OOUNTY, TEXAS Mallow lttstnERvimemo" ' C , NW&No. R9-o AGENDA INFORMATION SHEET ACWds bm AGENDA DATE: June 1",1999 DEPARTMENTt Planning & Development CNII/DCINVACM: Rick Svehis SUBJE Consider adoption of three ordinances on annexing three tracts of land located in the southwestern section of the City of Denton extraterritorial jurisdiction, wriounting to approximately 2,549 acres of land. Second Reading. a. Tract tit (A-80): approximately 1,932 acres of Ian I located at the southwestern edge of the City of Denton's extraterritorial jurisdiction, belwcen Crawford and Lively Road-, apl-toximately 5,800 feet west from 1.33W, and east from Florence Road. (Robson property; b. Tract tat (A-SI): approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to the vest approximately 3,800 feet from 1.33W. (1lillwood property] c. Tract 03 (A-82): approximately 472 acres of land, located between 1.35W and U.S. 377, north of Crawford Road, and south of Alred Road. (Iluffincs property) BACKGROUND City Council was scheduled to approve the annexation of three tracts of land, as Indicated in the attached ordinances (Exhibits A. D. and C), on May 23'h, 1999. The action was tabled on May 23'h and rescheduled for consideration on June 1'', 1999, in order to allow time for further progress on a Denton-Nonhlake Inicrlocal Agreement that may lead to the withdrawal of the Tract N 1 petition in favor or a voluntary petition, and to allow additional time for the development ors settlement agreement regarding litigation involving Tract 03. The ordinances remain unchanged from the May 23'h agenda report. State regulations require that adoption of the annexation ordinances on second reading must occur within 90 days of the date that the annexation proceedings have been instituted, or a new annexation process and schedule would have lobe initiated, The ordinances were approved on first reading at the April 20'h, 1999 Council meeting, giving Council members until July 19 h, 1999 to lake action. Y he only regular meetings of City Council scheduled before July 10, 1999 will take place on June 1" and Juno 13'h. The ordinance for Traci 0 (A•82) has been revised as per the Council vote on first reading, which r occurred on April 20ih, 1999, to reduce the affected land from 1,023 acres to 472 acres. The revision was made to exclude from anncxetion the property owners not affiliated with the attempted creation of a Fresh Water Supply District. The other two ordinances have not been revised since April 20, 1999, 1 he atiuched ordinances, each of which contain a Service Plan, acre approved on first reading as required by super-majority vote of City Council, On June 1'',1999, Council approval will require a t C 1 a super-majority vote (1.0 or 6.1) for the ordinances to take effect. if approved, the ordinances will become effective in 14 days, on June 15'h, 1999. Companion ordinances were prepared for Council consideration on May 250 to establish the initial Agricultural zoning for the tracts; Council is scheduled to consider the zoning ordinances on June l", only upon adoption of the annexation ordinances. As per state law, the ordinances were published thirty days prior to consideration of adoption on second reading. Also, as per City Charter requirements (Section 1,03), any amendments to the ordinances made by Council on May 251h would require re-publication in the newspaper, and an additional 30 days would have to pass before Council action could take place. Mandatory public hearings held on March 29`h and 30'h,1999 started the review process. During both of these public hearings, City Council received a staff briefing and heard public comments. Following a public hearing on April ! V, 1999, the City Planning and Zoning Commission recommended that City Council approve annexation of the tracts as proposed, by a vote of 4.2 (Engelbrecht, Rishel, Gourdie, Moreno - In Favor; Powell and Apple - Opposed, Gani:r - Absent). During a Special Called meeting on Ma/ 19`",1999, the Planning & Zoning Commission recommended approval of the temporary Agricultural zoning for the tracts by a vote of 1.0. Discussions with the owners of Tract #1 and Tract #3 have led to consideration of mutual agreements regarding the coorr~-iation of annexation and zoning approvals. Tract #l, owned by Robson Communities, Ir,c,, Is also subject to a voluntary annexation petition that includes land currently located Inside the Town of Northlake extraterritorial jurisdiction (ETJ). if a Denton-Northlake interlocal agreement is executed before June 1", staff will recommend that the Involuntary annexation ordinat ce for Tract # 1 be withdrawn in favor of the voluntary petition. A Planned Development zoning application may be submitted in the nca* future with respect to Tract 03, owned by the 1luffines family. Negotiations regarding both of these tracts are not yet complete. Any changes that way affect the involuntary annexations will be reported to Council on June 1 Additional Backtrround: Growth AtanoEcmenlS=cev to KU For more than a year, the City of Denton has actively pursued the development or a comprehensive plan intcodeJ to guide growth for the next 20 years. Population forecasts being used to develop the plan indicate high IcvcI%of growth in the city's southern and eastern extraterritorial jurisdiction (ETJ), predicting that an additional 80,000 to 100,000 people will live In the Denton area in the near future, 'the Growth Slanagcnuni Strategy (GMS) is the cornerstone of the comprehensive plan, and was adopted by the Denton City Council in January 1999. The GMS Identifies the high growth areas In the ET1 as "Urbanising Areas", Indicating that these areas will be considered for annexation and managed growth. Planning Policies adopted by City Council in April 1998 are strongly oriented toward the coordinated and efficient provision of all municipal services, including infrastructure systems related to transportation, water, sanitary sewer, and drainage. 1 he tracts identified for proposed annexation are located In "Urbanising Areas." Much of the land is designated in the GMS as appropriate for the development of neighborhood centers, and densities are , Intended to be high enough to require full municipal services, averaging 4 dwelling units per acre. Tract #2 is located within a designated mixed-use urban center, located on the west side of 1>35W, extending north from Crawford Road. Urban centers are intended to allow a mix ofcoordinated, high intensity, land uses, Including retail, office, high density residential, and corporate-based employment facilities. The Planning Policies also stress that managed growth is dependent upon efficient and 2 l t. coordinated provision of transportation and utility systems, in recognition that these municipal services are the building blocks for community health and quality of life. Additional Background: ETJ and CCN Issues Recent events have raised concerns that efforts to manage growth and coordinate municipal services are being threatened. Owners of property located at the fat south extremes of the city's ETJ have attempted to Corm a Fresh Water Supply District (FWSD), intended to provide independent water service instead of connecting to the City of Denton Utilities system. If the FWSD is allowed to provide water to ETJ properties, land can be subdivided and platted at high densities despite potential strain on other services. State law establishes the limits of ETJ for all Texas cities, and for Denton, the ETJ extends 31/1 miles from the city limit line. State law appears to protect cities by prohibiting the establishment of political subdivisions Inside the ETJ without a city's consent (FWSD's are political subdivisions). In addition, the exclusive authority to provide water and wastewater services appears to be assigned to the city through its Certificate of Convenience and Necessity (CCN), a permit issued by the Texas Natural Resources Conservation Commission (TNRCC). However, attorneys experienced In state land use and water law have concluded that state legislative amendments continue to evolve in favor of FWSD's and MUD's (Municipal Utility Districts), and that Denton's ETJ and CCN powers may not be strong enough to prevent the formation of these political subdivisions. The City of Denton has taken legal action to counter the efforts taken by the FWSD. Fresh Water Supply Districts are not always comidered a negative influence to the provision of services to communities in Texas, particularly in areas where municipal services are not available, Howcvcr, The FWSD that has annexed a portion of the City of Denton ET) poses several problems; 4 No effort was made to coordnate services with the City of Denton. The provision of water increases demand rot other utilities that can stress the city budget, requiring a disproportionate allocation of resources to the detriment of taxpayers and utility rate payers. ♦ The City of Denton's state certification to provide water and sewer services within its CCN boundaries Is intended to provide assurance that proper planning and inveslmcut In capital improvements can be possible, A water line extension planned to extenJ south along U'S 377 (Fort Worth Drive) could result in a "stranded investment" if property owners are allowed to select another provider. t The provision of water seniccs in the Hickory Crock watershed poses special concent given the racl that sanitary sewer system improvements have not yet been planned nor implemented. Without proper planning and coordination, city of Denton raw water supply, which is drawn rrum an intake located on the Pkkory Crock branch of Lewisville Lake, could suffer severe deterioration. All Denton water users would b: impacted by such a problem, 4 FWSD's, which arc govemed by a self-selected Board of Directors, are empowered to use bonds to borrow funding to pay for utility improvements. Property owners within the district then pay tars levied by the board to pay for the improvements. Issues of double taxation pose equity issues, and the debt issued by the district represents a long•tenn liability, • With services available, property in the district can be subdivided, platted, and developed at ' (J, v urban densities without compliance with city toning regulallons. During a period off opid growth, the district could stimulate development Inconsistent with city of Denton planning efforts, errectivcly negating objectives to manage growth to the benefit of all citizens. J it I I V; • FWSD's and MUD's have been known to fail. Such an event would certainly caure great difficulties for the residents and property owners within the district, but Denton could also experience the problems posed by bail-out responsibilities. Additional Background: Ann satlon & Sen lee Plan ssues Annexation of ETJ areas is the highest level of protection afforded to cities to manage growth and coordinate municipal services. Once inside the city limits, areas subject to development pressure will have to comply with all of the development regulations deemed necessary by City Council to protect public health, safety, and welfare. As per state law a service plan has been prepared and is attached to each ordi:iance, Because the tracts to be annexed are for the most part undeveloped, immediate demand for services is low. No households were found in any of the tracts. All properties within the annexed tracts will be entitled to police and fire protection, solid waste collection, and road maintenance within 60 days of the effcctiv,; date of the annexation (the effective dale of annexation is projected to be June 151h, 1999; by September 15'h, 1999, the aforementioned scn ice would be required to be available). Fire protectiat will be provided at first from existing stations, and a new Station q7 will be programmed to be constructed In the vicinity of the 1.33W / F.M. 2449 intersection. In addition, the service analyses and service plan describe the methods by which utilities and other services will be provided. Of primary importance are water and sewer scrvicts. Improvements intended to serve the annexed tracts must, by state law, begin construction within 2 years and be completed within 4Va years, Required projects arc Identified in the service plan, including a major water line extension southward along U.S. 377. A variety of options are being co tsidercd to deliver wastewater services, including a line extension from the Ilickory Creek interceptor sewer system to onsite treatment plants that would operated and maintained by the City of Denton. These and other services will be made available in proportion the demand caused by new development, OPTIOM Approval of the ordinances on second reading is the last action to be taken by City Council, and ends the annexation process for the affected tracts. As occurred during the April 20a' first readings, the ordinances should be considered and subjec'o.; to vote separately. Amendments to the ordinances can be made without invalidating the stale-mandated schedule for annexation, but would delay the final vole on second reading for a minimum of 30 days. RECOMME!1'DATIOs( Staff recommends that the annexation process for Tracts fl, 42, and #3 should proceed as scheduled. The service plan indicates that feasible course of service provision is availphle. Implementation of the scn ice plan, along with the annexation, will enable the city of Denton to meet its CCN obligations, implement toning regulations in the annexed areas, and allow realization of the city's Growth Management Strategy. If the Dcnton•Northlake Inierlocal agreement is signed, or if the status of an ' agreement with the owners of Tract #3 can be reached, staff will make changes to these r? recommendations on June I". 4 ' p u I b. EST] MATED SCHEDULE OF PR d4_ ECT If Council takes action on June 1", 1999, the annexation process will be complOU4. FebP~rOuaRry 23' 1Coluneil approval of annexation schedule March 29'h, 1999 1" Public Hearing !March 30'0, 1999 2nd Public Hearing April 14'^,1999 PIanning & Zoning commission recommendation of approval, 4-2 April 20`0, 1999 City Council approval of three ordi.tancea by super-majority, with an amendment to reduce Tract k3 from 1,023 acres to 472 acres may 14'0, 1999 P&Z recommendation of approval of A,; Toning, 7-0 n May 25'h' 1999 Council postponement of annexation oMnanas until June 11,1999 Additional briefings and consultations have been held by the City Council with respect to litigation fileit against a Fresh Water Supply District that has allegedly aniexed a portion of Tract k3. EU&,INFO MAIM Fiscal information Is supplied in the Service Plan. Ext A Annexation Ordinance (A•gQ Robson tract) ~hibiit F,xhibit B! Annexation Ordinance (A-81,1tillwood tract) Exhibit C: Annexation Ordinance (A-82, lluffines tract) Exhibit D: ,Annexation Schedule , i Respectfully Submitted: Id M. Hill 1 , Director of Planning a,td Development s J t, v ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 1,952 ACRES, LOCATED ON THE WEST SIDE OF I.35W, NORTH OF CRAWFORD ROAD, AND EAST OF FLORENCE ROAD; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-80). WHEREAS, the City of Denton wishes to extend its City limits line to include the 1,952 acre tract labeled "Tract #1 as described in Exhibit A; and WHEREAS, public hearings were held in the Council Chambers on March 29", 1999, and March 30i°, 1999, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, after a public hearing on April 140", 1999, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 4.2; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on April 200,,1999-, and 1 W-IiEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and i WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Growth Management Strategy; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SSECTION I: That the tract of land labeled "Tract #l", described in Exhibit A, attached hcieto and incorporated by reference, is annexed to the Ciiv of Denton, Texas. SECTION H: That the service plan attached as Exhibit B, and incorporated by reference, + which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION U The annexed property is temporarily classified as Agricultural (A) zoning i district classification and use designation. aFCT10N 1V: The City of Denton offic at zoning map is emended to show the ` t Agricultural (A) zoning district and u+^ classification of the property annexed. r /.A SECTION V: Should any part of this ordinance be held illegal for any reason, the r holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be Its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described properly Is hereby effectively t I n t c~ annexed to the City, If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION VI: That this ordinance shall become effective fourteen (14) days from the date of its final passage, and the City Secretary is hereby directed to cause the entire ordinance to be published once or the descriptive caption to be published twice in the Denton Record. Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1999• JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ BY: 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. 2 t r i 4 Exhibit A TRACT #t1 All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, in the M, Scurlock Surv ey, Abstract Number 1141, the F. Garc ia Survey, Abstract Number 502, the B.B.B. & C.R.R. Survey, Abstract Number 197, the J. McGowan Survey, Abstract Number 798, the F. Oliver Survey, Abstract Number 989, the 1. N. Paine Survey, Abstract Number 1617, and being more particularly described as follows: Commencing from a point in Crawford Road, said point also being the Southeast comer of said M. Scurlock Survey and the southwest corner of the E. Pizano Survey, Abstract Number 994, Denton County, Texas; Thence North 00 degrees 37 minutes 19 seconds East with the cast line of said M. Scurlock Survey, and the West line of said E. Pizano Survey, a distance of 30.00 Net to the POINT OF BEGINNING of the herein described tract; Thence North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and being 30 feet north of and parallel to the south line of said M. Scurlock Survey, a distance of 3840.02 feet to a point at the beginning of a curve to the left; Thence with said curve to the left having a central angle of 89 degrees 29 minutes 36 seconds, a radius t of 2640.00 feet, to a point; Tbtuce West a distance of 1037.44 feet to a point for comer; Thence North 00 degrees 00 minutes 47 seconds East a distance of 1064.92 feet to a point for comer at the beginning of a curve to the left; Thcnce with said curve to the 10 having a central angle of 84 degrees 20 minutes 48 seconds, a radius of 2640.00 feet to a point for corner; Thence North a distance ,f 1141.19 feet to a point for corner at the beginning of it curve to the left; r, r Thence with said curve to the left having a central angle of 02 degrees 10 minute 14 seconds, a radius Ar ` < of 2640.00 feet to a point for comer; Thence North 89 degrees 51 minutes 47 seconds East with a North line of said 2426.81 acre tract a distance of 3017.94 feet to a point for corner; e • o U 1 i i ~ Thence North 00 degrees 20 minutes 02 seconds West, a distance of 1708.41 feet to a point at the Southeast comer of East Ponder Estates, an addition to Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 367, of the Plat Records of Denton County, Texas; Thence North 00 degrees 21 minutes 13 seconds West with the east line of said addition, a distance of 3404.29 feet to a point on the south line of H. Lively Road; Thence North 89 degrees 51 minutes 43 seconds East along the south line of H. Lively Road and being 30 feet south of and parallel to the North line of said J. McGowan Survey, a distance of 570031 feet to a point for comer; Thence Southerly, a distance of 6824.00 feet to a point fu. corner at the Southwest corner of the G. Pettingale Survey, Abstract Number 1041, and the Southeast comer of said F. Garvia Survey, Thence Easterly a distance of 1221.00 feet to a point for comer on the South line of said G. Pettingale Survey at the Northeast comer of said M, Scurlock Survey and the Northwest comer of said E. Pizano Survey Thence South 00 degrees 29 minutes 08 seconds East with the East line of said M. Scurlock Survey and the West line of said E. Pizano Survey, a distance of 3074.89 feet to a point for comer, t Thence South 00 degrees 37 minutes 19 seconds West with the East line of said M. Scurlock Survey and the West line of said E. Pizano Survey, a distance of 3315.00 feet to the POINT OF BEGINNING and containing in all 1,951 acres of land. t. 9 1 /r/'///1 1 1 ~ t flew /!jam//~,r HI BIT / CI DENTON fly PtAAA ETJ i CITY OF DENTON ' _S m e to Road bt - / a ! ad Road ' t t ,eft' • ~ / / ' 1 O r` rr/ /j a~ s ~ a` a .~~✓.4,.Y a t~ I 1 ~ J 1v, r.,.' \Y. t ~ I av c, r~e': 1 RACT L del koe4 /:,ii fi rm, f f/iii- ?NORTH LAKE,,; • t, c: Exhibit B DRAFT ANNEXATION SERVICE PLAN: TRACTS #I, #2, & #3 CASE. NUMBER: A-80 AREA: 1,952 Acres LOCATION: In the far southeastern section of tha City of Denton ETJ, in the vicinity of Crawford Road, Interstate Highway 1.35W, and U.S. 377. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection In the short term, the Police Department can provide service to Tracts #1, #2, and #3 using existing resources, resulting in response times consistent with other undeveloped perimeter areas of the city. In the longer term, the Police Department estimates that service can be provided within average response times for the City as a whole, with the addition of 24 sworn and 8 non-sworn personnel, phased in proportion to population growth within the annexed tracts. B. Fire Protection and Emergency Medical Services Fire service will be available though existing facilities during the interim period when the annexation tracts remain for the most part undeveloped. A new Fire Station #7 will be needed in the future to provide service to the annexed tracts, to be located in the vicinity of the 1.35W / F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan is scheduled to be presented to City Council on March 30'h, 1999, The plant will provide additional detail regarding proposed fire and emergency service delivery to all parts of the city, including Tracts 41, #2, and #3. C. Water 1 Wastewater Services Current City of Denton CIP funding is programmed for the construction of a 20-inch water line extension that will reach the Hilis of Argyle subdivision on U.S. 377. The line 'Ail! be extended futher south to Tract #3 in a subsequent phase. Construction of these improvements will begin within 2 years and will be completed within 41i: years. Development within Tract #3 is expected to run the line west to I.35 W. The property owners of Tracts # I and #2 will be expected to extend water lines from 1-35W' to deliver water for development. Interim water service options are available, Wastewater service will be made available through either extensions from the Hickory Creek interceptor sewer system or through on-site treatment plants that are owned, operated, and i maintained by the City of Denton. See Annexation Service Analyses for further detail D. Storntnetcr Drainage Scrvicci Drainage improvements will be made by property owners at the time of development. Maintenance will be the responsibility of the city of Denton, supported as a function of water and wastewater fund transfers paid by rate payers. II c c. E. ~,olyd waste collection and Disposal Solid waste service are available to the annexed tracts. Existing contracts between customers and private waste haulers will not be disturbed. Equipment and personnel needed to serve new development will be added in proportion to growth in the customer base. F. Electric Utilities Electric service will be made available upon request to all of the property within the areas being annexed. G. Parks and Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance, One community park will be needed In the longer terns. The community park and additional personnel will be funded as appropriate through city funds. H. Streets and Roads Crawford and Florence Roads, located on the perimeter of Tract #l, will not be annexed, and will remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads in Tract #3 will be upgraded by private development, and ultimately maintained by the City of Denton. F.M. 1830 (Country Club Road) is a state facility and will be upgraded and maintained by the Texas Department of Transportation (TXDOT). 1. Building Inspections I Code Enforcement Services i Services are available now for the areas to be annexed. Additional personnel will be dedicated to the areas to be annexed as dictated by growth. J. Library Services The Library Master Plan will detern.ine the appropriate method of service delivery for all areas of , the city, and is near completion. The plan will be presented to City Council in late April 1999. e,2 t ww_ r I U j i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 125 ACRES, LOCATED ON THE WEST SIDE OF I.35W AND NORTH OF CRAWFORD ROAD; PROVIDING SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-81). WHEREAS, the City of Denton wishes to extend its City limits line to include the 125 acre tract labeled as "Tract #2", described in Exhibit A; and WHEREAS, public bearings were held in the Council Chambers on March 29`h, 1999, and March 0^, 1999, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, after a public hearing on April 14", 1999, the City of D•;nton Planning and Zoning Commission recommended approval of the annexation by a vote of 4.2; and V& IIEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on April 200,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1 1999 Growth Management Strategy; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the tract of land labeled as "Tract 02", described in Exhibit A, attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. WjLON II: That the service plan attached as Exhibit B, and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION 11I: The annexed property is temporarily classified as Agricultural (A) zoning district classification and use designation. SECT10N 1V: The City of Denton official zoning map is amended to sh,>w the Agricultural (A) zoning district and use classification of the property annexed. ~ 1,.. SECTION V: Should any part of this ordinam,: be held illegal for any reason, the holding shall not affect the remaining portion of this oruinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit A regardless of whether any other part of the described property is hereby effectively 1 j t annexed to the City, If any part of th- real Property anaexcd is already included within the city limits of the City of Denton or within tf.e limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION VI: That this ordinance "I become effective fourteen (14) days from the date of its final passage, and the City Secretary is hereby directed to cause the entire ordinance to be published once or the descriptive caption to be published twice in the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, within ten (14) days of the date of its passage. PASSED AND APPROVED this the day of , 1999• 1ACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY 2 i I Iw I j H BIT A FM 2449_. j " DENTON H. LhretY ETJ / CITY OF m ; i r /';i/, /r h R DENTONS i s born Rood y r~ ' , Y~r~S~i+fey'f `t~•S""6. o.a a~~y~i Ry I - ~ ~ r r , ; ~ y " 4 rho av'2czLOQ' ~}k""~: '7 ~Y.'9E" r q. r 1 4,~i1 r s TRACT 2 Goy, r 2 f~ f > M~ /ITT r r -X P, f~ ear Roae' CITY r ~r ~ ' r/ '.r ~'t♦:/~// %~////~//'/J/l%rf%l/i //,'i%///,lr% % '/i / , r ~r TOWN OF J,/J /iy/ / , ~ J ,i r ~j r/ / / ELAL C, 1 Exhibit A TRACT 112 ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, in the E. Pizano St rvey, Abstract Number 994 and being more particularly described as follows: COMMENCING at a point in the existing Denton city limit line as established by annexation Ordinance Number 74-36 (Tract 1), said point lying 577 feet west of the intersection of the centerlines of Interstate Highway 35 West and Crawford Road, said point also being 500 feet northwesterly from and perpendicular to the centerline of Interstate Highway 35 West, said point also lying on the common Apportionment Agreement line established on November l go', 1969 between the City of Denton and the Town of Argyle and recorded in 'Volume 716, Page 145 in the Deed Records of Denton County, Texas, said point lying in the south line of the E. Pizano Survey, Abstract Number 994 and the north line of the Patrick Rock Survey, Abstract Number 1063; THENCE northeasterly along the existing Denton city limit line (Ordinance Number 74.36(Tract 1)), parallel with and 500 feet perpendicular to the centerline of I.H. 35 West a distance of 28.83 feet to the POINT OF BEGINNING, said point lying on the north right-of-way line of Crawford Road, 25 feet i north of the said DentonlArgyle agreement line; 7 HENCE North 89 degrees 32minutes 57seconds West along the north line of Crawford Road and being 25' north of and parallel to the said Denton/Argyle agreement line a distance of 5,1 19 feet to a point for corner, said point lying on the west line of the said E. Pizano Survey, Abstract Number 994, same being the east line of the M. Scurlock Survey, Abstract Number 1141; THENCE North 00 degrees 04minutcs 29 seconds West along the west line of the said E, Pizano Survey, Abstract Number 994 and the cast line of the hi. Scurlock Survey, Abstract Number 1141, a distance of 1000 feet to a point for comer; I THENCE South 89degrccs 32minutes 57seconds East, 1000 feet north of and parallel to the north Fne of Crawford Road, a distance or5,751 fact to a point for corner, said point lying on the existing Denton city limit line as established by annexation Ordinance Number 7436 (Tract 1) and lying 500 feet northwesterly from and perpendicular to the centerline of interstate Highway 35 West; THENCE southwesterly along said existing Denton city limit line as established by annexation Ordinance Number 74-36 (Tract I), 500 feet from and parallel to the centerline of interstate Highway 35 West a distance of 1,178 feet to the POINT OF BEGINNING and containing 125 acres of;and, more or less. 16 . t, c. Exhibit B DRAFT ANNEXATION SERVICE PLAT': TRACTS #1, #2, & 43 CASE NUMBER: A-81 AREA: ?25 Acres LOCATION: In the far southeastern section of the City of Denton ET), in the vicinity of Crawford Road, Interstate Highway I.35W, and U.S. 377. t Municipal services to the site described above shall be furnished by or on I half of the City of Denton, Texas, at the following levels aryl in accordance with the following schedule: K. Police Protection In the short tern, the Police Department can provide service to Tracts #l, #2, and #3 using existing resources, resulting in response times consistent with other undeveloped perimeter areas of the city, In the longer term, the Police Department txtimates that service can be provided within average response times for the City as a whole, with the addition of 24 sworn and S non-sworn personnel, phased in proportion to population growth within the annexed tracts. 1., Fire Protection and Emergency Medical Services Fire son ice will be available though existing facilities during the interim period when the annexation tracts remain for the most part undeveloped. A new Fire Station #7 will be needod in the future to provide service to the annexed tracts, to be locat^d in the vicinity of the 1.35W / F.M. 2449 intersection, The City of Denton Fire Department Five-Yeas Strategic Plan is scheduled to be presented to City Council on March 30, 1999. The plan will provide additional detail regarding proposed fire and emergency smicedelivery to all parts oNhe city, including Tracts 01, #2, and #3. M. Water / Wastewater Services Current City of Denton CIP funding is programmed for the construction of a 20-'inch water line extension that will reach the Hills of Argyle subdivision on U.S. 377. The line will be extended further south to Tract #3 in a subsequent phase. Construction of these improvements will begin within 2 years and will be completed within 4Y: years. Development within Tract #3 is expected to run the line west to 1.35W. The property owners of Tracts #1 and #2 will be expected to extend water lines from 1.35W to deliver water for development. Interim water service options are available. Wastewater scniee gill be made available through either extensions from the Hickory Creek interceptor sewer system or through on-site treatment plants that are owned, operated, and maintained by the City of Denton. See Annexation Scrvice Analyses for further detail. N. Starmoster Drainage Services 17 V l; F Drainage improvements wdll be made by property owners at the time of development. Maintenance will be the responsibility of the City of Denton, supported at a function of water and wastewater fund transfers paid by rate payers. 0. Solid Waste Collection eel Disposal Solid waste service are available to the annexed tracts. Existing contracts between customers and private waste haulers will net be disturbed. Equipment and personnel needed to serve new development will be added in proportion to growth in the customer base. P. Electric Utilities Electric service will ba made available upon request to all of the property within the areas being annexed. Q. Parks and Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance. One community park will be needed in the longer term. The community park and additional personnel will be funded as appropriate through city funds. M Streets and Roods Crawford and Florence Roads, located on the perimeter of Tract fl, will not be annexed, and will remain the responsibility of Denton County, Johnson, John Paine, and Allred Roads in Tract 03 will be upgraded by private development, and ultimately maintained by the City of Denton. F.M. 1830 (Country Club Road) is a state facility and will be upgraded and maintained by the Texas Department of Transporiution (TXDOT). S. Building Inspections! Code Enforcement Services Services are available now for the areas to be annexed. Additional personnel will be dedicated to the areas to bo annexed as dictated by growth. i T. Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion. The plan will be presented to City Council in late April 1999. k A C is li r4 ORDIN'NCE NO. AN ORDINANCE OF THE CITY OF DENTuN, TEXAS, ANNEXING A TRACT COMPRISING 472 ACRES, LOCATED ON THE EAST SIDE OF INTERSTATE HIGHWAY I.35W, NORTH OF CRAWFORD ROAD, AND WEST U,S. HIGHWAY 377; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-82). of Denton wishes to extend its City limits line to include the 472 WHEREAS, the City acre tract labeled Tract 0", as described in Exhibit A; and WHEREAS, public hearings were held in the Council liarnbers on March 20, 1999, and March 30'x, 1999, to allow all Interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, after a public hearing on April 14'x, 1999, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 4.2; anJ WHEREAS, annexation proceedings were instituted for the property described htrcin by the introduction of this ordinance at a meeting of the City Cou- it on April 20"'.1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will b,, in compliance with the 1999 Growth Management Strategy; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SF(; That the tract of Iknd labeled "Tract 0", described in Exhibit A, attached hereto and Incorporated by reference, is annexed to the City of Denton, Texas. SECTION Ili That the service plan attached as Exhibit B, and irworporated by reference, which provides for the extension or municipal services to the annexed yroperty, is approved as part of this ordinance. I 3F.CTI0 III The annexed property is temporarily classified as Agricultural (A) zoning district classification and use designation, SECTION IV: The City of Denton official zo%Ing map is amended to show the Agricultural (A) zoning district and uses classification orthe property annexed. A, c SECTION V. Should any part of this ordinance be held illegal for any reason, the oolding shall not affect the remaining portion of this ordinance and the City Council hereby dec,ares it to be its purpose to annex to the City of Denton all the real property herebdescribed ein ExHblt A regardless of whether any other part of the described property hereby effectively i I r ~i t r annexed 10 the City. if any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION VI: That this ordinance shall become effective fourteen (14) days from the date of its final passage, and the City Seemary is hereby directed to cause the entire ordinance to be published once or the descriptive option to be published twice in the Denton Record. Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of._, 1999. JACK MILLER, MAYOR A i TEST: JENNIFER WALMS, CITY SECRETARY BY: - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY F BY:*i~eC _ I 2 to t Exhibit A TR CT kt ALL that certain lot, tract or parcel of land lying and being situated in the County of Denton, Stale of Texas, in the B.B.B. & C.R.R. Company Survey, Abstract Number 158, B.B.B. & C.R,R. Company Survey, Abstract Number 159, D.B.B. & C.R.R, Company Survey, Abstract Number 160, S. Graham Survey, Abstract Number 468, E, Pizano Survey, Abstract Number 994, hi. Smith Survey, Abstract Number 1181, W. Smith Survey, Abstract Number 1182 and being more particularly described as follows: BEGINNING at a point in the existing Denton city limits line as established by Ordinance Number 69- 40 (Tract 111), being the most southerly southwest comer of said Ordinance Number 69-40 (Tract 111), said point lying 500 feet northwesterlyof and perpendicular to the centerline of U.S. Highway 377 (Fort Worth Drive); THENCE North 278 289 East parallel with and )•erpendicular to the centerline of U.S. Highway 377 (Fort Worth Drive) along the existing Denton city limits line as established by Ordinance Number 69- 40 (Tract 111) a distance of 1,680 feet to a point for comer, said point lying in the south line of the William Smith Survey, Abstract Number 1187 and in the north line of the Spencer Graham Survey, i Abstract Number 468; THENCE North 888 189 390 West, departing said existing Denton city limit line and continuing along the south line of the said William Smith Survey, Abstract Numbcr 1187 same being the north line of the Spcnccr Graham Survey, Abstract Number 468 a distance of 2,030 feet to a point for comer; THENCE North 008 309 520 East a distance of 2,769.64 feel to a puint for comer, said point lying on the south line of the B.B.B. & C.R.R. Company Survey, Abstract Numbcr 159, said point also being the on the north line of the William Smith Survey, Abstract Numbcr 1182, said point also lying in Johnson Road; THENCE weslerly along said survey lines passing at 731 feet a southeast comer of a tract annexed by the City of Denton by Ordinance Number 91.033 (Tract 1) and continuing along sold existing Denton city limit line established by Ordinance Number 91.033 (Tract 1) and along said survey lines a total distance of 3,083.69 feet to a point for comer, said point being the northeast comerof the B.B.B. & C.R.R, Company Sur.ey, Abstract Number 158, said point also being the northwest comer of the William Smith Survey, Abstract Number 1182 and also being at the intersection of Johnson Lane and C Paine Road; S 21 c. THENCE South 008 029 390 West along the existing Denton city limits line established by Ordinance Number 91-033 (Tract 1) and along the east line of the said B.B.B. & CKR. Company S tnvey, Abstract Number 158 a distance of 3,648.27 feel to a point for comer; THENCE North 898 329 200 West along the existinc Denton city limits line established by Ordinance Number 91.033 ('tract 1) a distance of 2,290.84 feet to a point for comer; THENCE North 008 S89 250 East along the existing Denton city limits line established by Ordinance Number 91-033 (Tract 1) R distance of 300 feet to a point for comer, said point being at an intersection of the City of Denton annexation tract lines of Ordinance Number 74.36 (Tract 1) and of Ordinance Number 91.033 (Tract 1), said point also lying 500 feet southwesterly of and perpendicular to the ccntcrline of Interstate Highway 35 West; THENC!' South 298 $59 810 West, $00 feet southwesterly of and parallel to the centerline of Interstate Highway 35 West and along the existing Denton city limits tine established by Ordinance Number 74.36 (Tract I), a distance of 1,300 feet to a point for comer; THENCE North 898 549 050 East , departing said existing Denton city limits line established by i Ordinance Number 74.36 (Traci(), a distance of 350 feet to a point for a ,cr, said point being the northeast corner of a tract to led Arthur Cooper by decd recorded in Volume 559, Page 459 of the Deed Records of Denton County, Texas; THENCE South 008 139 030 West along the cast line of said Cooper tract a distance of 428.80 feet to , a point for corner, said point being the northwest comer of at tract to Joe 1'. Simpson by dcod recorded in Volume 3097, Page 570 of the Real Property Records of Denton County, Texas; THENCE South 898 449 5U East along the north line of said Simpson tract a distance of 200.05 feet to a point for corner, said point being the northeast comer of said Simpson trect; THENCE South 008 079 510 West along the cast line of said Simpson tract a distance of 378 feet to a point for corner, said point lying on the north right-of-way line of Crawford Road and said point also lying 2$ feet north of the common Apportionment Agreement line established on November 18`h, 1969 between the City of Denton and the Town of Argyle and recorded in Volume 716, Page 145 in the Decd Records of Denton County, Texas; THENCE in an easterly direction along the north line of Crawford Road most of the way and being 25' f north of and parallel to the said Dcntort'Argyle agreement line a distance of 2,351 feet to a lwint for !2 I c ' M comer, said point lying 25 feet wesfof the said Denton/Argyle agreement line and said point lying on the west right-of-way line of John Paine Road; THENCE in a northerly direction along the west right-of-way line of John Paine Road, 25 feet west of and parallel to said Denton/Argyle agreement line a distance of 767 feet to a point for corner, THENCE South 888 309 East passing at 23 feet the east line of the C.R.R. Survey, Abstract Number 158, same being the northwest comer of the William Garaway Survey, Abstract Number 480, same being the southwest comer of the Mary Smith Survey, Abstract Number 1181, same being a common comer along the said Dcnton~Argyle agreement line, and passing at 2,641 feet the northeast corner of the said William Gazaway Survey, Abstract Number 480 same being the southeast comer of said Mary Smith Survey, Abstract Number 1181 same being the west line of the S, Graham Survey, Abstract Number 468 and continuing along said agreement line a total distance of 4,666 feet to a point in the centerline of the Union Pacific Railroad (formerly the Texas h Pacific Railway) for comer; THENCE North 278 159 East with the centerline of the Union Pacific Railroad and along the said Denton/Argyle agreement line a distance 230 feet, more or less, to a point for corner, said point lying on a southerly line of the existing Denton city limits as established by Ordinance Number 69.40 (Tract Ht); THENCE westerly along said c~isting Denton city limits line as established by Ordinance Number 69- 40 (Tract 111), departing the said Dcnton/Argyle agreement line, a distance of 430 feet to the POINT OF BEGINNiNO and containing approximately 472 acres of land, A0 Jy i . J H BIT A .r -FM 2449 p0 ISEFi D NTON t CITY OF $ebornR~ae_ < i DENtON SM121, IMA / Ja ~f}x'~~<< J / ~ pr ri "gc~~i,uf~aXi a},z'~~v° ~Sti~*r'~E` W~'. ~ ! ~ ~ ~ ~ •r• s ' J /'v~ ~S^rt /J/~' ~£sl <R sf~r G.s ~}~$z kzbk'e`, ~ ~ J ,,bP ~ TRACT 2 i ! def Road 1 , / t ~~"jig fi-~~~/>•' / TbWN i c 1 Exhibit B DRAFT ANNEXATION SERVICE PLAN: TRACTS #I, 42, tk #3 CASE NUMBER: A-82 T AREA: 472 Acres LOCATION: In the far southea,:em section of the City of Denton ETI, in the vicinity of Crawford Road, Interstate Highway I-35W, and U.S. 377. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, 'texas, at the following levels and in accordance with the following schedules A. Police Protection In the short term, the Police Department can provide service to Tracts # 1, #2, and #3 using existing resources, resulting in response times consistent with other undeveloped perimeter areas of the city, In the longer term, the Police Department estimates that service can be provided within average response times for thm. City as a whole, with the addition of 24 sworn and 8 non-swom personnel, phased in proportion to population growth within the annexed tracts. B, Fire Protection and Emergracy Medical Services Fire service will be available though existing facilities during the interim period when the annexation tracts remjin for the most part undeveloped, A new Fire Station #7 will be needed in the future to provide service to the annexed tracts, to be located in the vicinity of the 1.35W / F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan is s :iedufed to be presented to City Council on March 30, 1999. The plan will provide additional detail regarding proposed fire and emergency service delivery to all parts of the city, including Tracts 01, #2, and #3. C. Water/ Wastewater Services Current City of Denton CIP funding is programmed for the construction of a 20-inch water line extension that will reach the [tills of Argyle subdivision on U.S. 377. The line will be extended further south to Tract 03 in a subsequent phase. Construction of these improvements will begin within 2 years and will be completed within 4%a years. Development within Tract 93 is expected to run the line west to 1.35W. The property owners of Tracts fl and and 92 will be expected to extend water lines from 1-35W to delivvr water for development. Interim water service options are available. Wastewater service will be made available through either extensions from the Hickory Crock imerccptor sower system or through on-site treatment plants that are owned, operated, and maintained by the City of Denton. See Annexation Service Analyses for further detail. D. Stormw ter Drainage Services 25 • t t I)rainage improvements will be mode by property owners at the time of devclopment. Maintenance will be the responsibility of the City of Denton, supported as a function of water and wastewater fund transfers paid by rate payers. E. Solid Waste Collection and Disposal Solid waste service are available to the annexed tracts. Existing contracts between customers and private waste haulers will not be disturbed. Equipment and personnel needed to serve new de-clopment will be added in propartion to growth in the customer base. F. Electric Utilities Electric service will be made available upon request to all of the property within the areas being annexed. C. Parks mod Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance. One community park will be needed in the longer term. The community park and additional personnel will be funded as appropriate through city funds. H. Streets and Roads Crawford and Florence Roads, located on the perimeter of Tract 01, will not be annexed, and will remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads in Tract M3 will be upgraded by private development, and ultimately maintained by the City of Denton. " M. 1830 (Country Club Road) is a stale facility and will be upgraded and maintained by the Texas Department of Transportation (TXT)OT). 1. B-Ilding Inspections I Code Enforcement Services Services are available now for the arras to be annexed. Additional personnel will be dedicated to the areas to be annexed as dictated by growth, J. Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion, The plan will be presented to City Council in late April 1999. f. 26 c. I: Exhibit D INVOLUNTARY ANNEXATION SCHEDULE TRACTS #1, #2, AND #3 Newted MaA 17", 1999 Friday, March ie Notice published in Denton Record-Chronicle for both CC public hearings. Monday, March 29"' City Council conducts first ou tic hg~~. Public notice must be no less than 10 days and no more than 20 days before public hearing. • Special Celled Meeting n Annexation Sfudy prepared and available for public review. o Service Plan prepared and available for public review. Tuesday, March 30'h City Council conducts second public hearino. • Public nctice must be no less than 10 days and no more than 20 days before puoHc hearing. • Special Called Meeting Sunday, April 41 Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday, April 14"' Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning, Public notice must be no less than 10 days before public hearing. Tuesday, April 2e City Council by a four-fifths vote institutes annexation proceedings. First reading of ann xation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, April 25th Publication of annexation ordinance In Denton Reoord-Chronicle. Tuesday, May 25'" City Council by a four-fifths vote takes final action. Second readino and adoption of the annexation ordinance. • Council action must be more than 30 days after publication of C. ordinance and less than 00 days after council Institutes annexation proooedings. • Special Called Meeting (scheduled Work Session) 17 AP* IRESOLUTI0.• !O. Dab A RESOLUTION ADOPTING LIMITATIONS ON f ACCEPTANCZ AND PitOCESSING OF APPUCA'I'MNS POR ESTABLtSHMtNT OF MULTMXFAMILV DWEL MGS; INCL1Dt1NGDEFINMONS1 X*TASLI9HIIVGAPPEAUAND MCIEPTIONS PAOCtV0kES1 P111OVID&O FOR MaMBTION81 PROVIDING A SEVERABMM CLAUSEI AND PROVIDING AN EFFECTIVE DATL WHEREAS. Oe City of Denton's zoning regulations, chapter IS of the City Code of Odriaences, pertaining to multiple-hray dwellings do not distinguish between types of'.~asing arrangements, and, is particular, do not address separate leasing of beds contained in a single dwelling unit and WHEREAS, separate leasing of bedrooms contained in a single dwelling unit incresses potentially hamaU externalities associated with multiple-family dwellings, such as tratf+c congestion and population density; and WHEREAS, the City recently has received three zoning applications for approval of multiple- family dwellings subject to separate lease of bedrooms conWned In a single dwelling unit; and WHEREAS, due to demand for multiple-family dwelling within the City of Denton it .,years likely that more applications for approval of multiple-family dwellings subject to separate ,ea.•..tg of bedrooms contained In a single dwelling unit will be received in thn Immediate future; r A WHEREAS, the City is cuaemly engaged In a process that will result in s new ctml k uhrnstve plan fbr the City of Denton, in which provision for all types of multiple4mity +.wAiuss wit be addressed; and WHEREAS it is the City's intent to comprehensively revise the zoning «r ils,iatts in order to Impternent land use policies ; ontalaed in the new comprehensive plan; and WHEREAS, the City has continued to receive, process, and grant permits for multiple fkmily dwellings wi*out the benefit of new zoning regulations, and WHERF-AS, the City finds that the establishment of additional multiple-Andly dwellings subject to separate leasing of bedrooms cons" in a single dwelling unit, in the absence of new regu'ations that address such leasing arrangements, presents a present danger to the health, safety and public welfhre of its claw it; NOW THEREFORE, TEE CITY COUNCIL OF THE CITY'OF DENTON, T8 AS ~ rHEREBY RESOLVES: ' w w w Section I. Flaldina. The findings end declarations conWaed in the preamble to this resolution are found to be true sand correct and herehy aro adopted end made a pan hereof and shall be flrlly effbcdve as a put oftlse subject matter of this resolution. Section 2, I=, (1) It is the purpose Of this mW,ution to temporarily Ilmk except u otherwise provided t er* the processing of multiple-family rezoning applications aid applications for multiple-Amily developmWit permits, In Anticipu{on of adoption of new revAdons governing the establishment and location ofmuldple-family dwellings involving separate leasing ofbedrooms In a single dwelling unit, In order, to promote the public health, salbty and general welWo olthe dtl ,ens of the City ofDenton. It is not the intent of this resolution to deny development dgh;s protected by fides) or stave statute or Constitution. (2) It is the dither the intent of the City of Demon to enact new zoning regulations governing the establishment, location ofW standards affecting muidple-family dwellings to the most expeditious manner, and to consider any appeals to establish a multiple-family dwelling for the &Mon of this resolution on the basis of the criteria contained herein. Section J. D ef niflon . For purposes of this resolution: (1) "Apartment" means a room or suite ofrooms in a multiple-family dwelling arranged, designed or occupied Al a place of residence by a single•fltmily, individual or group of individuals. (2) "Application for amuhiple-famnydevelopment permit" meansmApplication fort land use that Includes a muidple-fi+ruily dwelling, imchrdirtg without lftnlUdon application for a detailed plan, preliminary or renal plat, site plan, or building permit that includes such use. (3) "Dwelling unit" means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes fhalities for food preparation and sleeping (4) "Muldple•family dwelling" means any building or pardon thereof which is designed, built, rented, leasod or Id to be occupied u three (3) or more dwelling units or apartments, of which is occuplied as three (3) or more dwelling units or spartmema of Which is occupied as a home or residence of three Of more &MAyt. The term "multlpleaflmily dwelling," includes the term "apartment houue,4 u dented in section 311.1 of the City Code of Ordinance, (11) "Muldple-family rezoning applicado-"means an application for amendment of the City's zoning map to a cfleation that author's` multiple-Ammily dwellings, including without limnation an nppll ttion for approval of a plumed develupment districa pursuant to Article NO Chap+er 33 of the Denton Code of Ordinances, fogethu whit accompanying concept plans, A development plans or deta+led plans; application for approval of a development plan including a ? 1 i 2 1 r multtpie-hmiiy dwelling submitted after establishment ofa planned development district; application for approval of a detailed plan Including a multiple-family dwelling submitted after establishmant of a planned development district but prior to spproval of a development plan ibr the district; or application fbr approval of any muldpI*-&mily dwelling district authorized under Chapter 33 of the Denton Code ofOrdinaam CW.R"; "10-I0i or "MP-2'). Section 4. CM an Pr-- no af ApplipAtIona, (1) Luept as otherwise provided harem, after the afflictive date of, and extending ibr the duration of this resolution, a City employee, officer, aged, bureau, department or commission of the City shatl not accept for tiling any eppll;atlon for a multipla-6mily davelopmeat permit or a multiple- family rezoning sppiicadon, rear take any action to process such application, Including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, fomtutatioo of conditions or Issuance of preliminary or flnal approvals of such appGoatr,ms. (2) In the event that anapplication for&multlple-famAydevelopment permitoramultiple- Smily rezoning application Is submitted to the City, the application shan be returned, together with any profl"sred application tn. to the applicant with nodeatlon that the application will not be accepted for fling or Author processing for the duration of this resolution. (3) Any action taken by may City employee, officer, agent, bureau, department or commission of the City to accept far filing or to War process an applicaon fbr a multiple-family development permit or a muldple•fsinily rezoning application after the effective data of this resolution hereby is deemed to be vold and of no effect. Section S, Tercet of RMhalen, Unless rescinded, altered or extended by the City Council, this rooludon shall continue in effect fom the due of adoption hereof fbr a period of one hundred and twenty (120) days, or until such time as the City Council enacts toning regulatlone addressing establishment of multiple•Atmmily dwellings subject to separate leasing of bedroom contained in a single dwelling unit, whichever ffrzt occurs. Section 6. ~R0613, (1) Anapplicant foramuldple•f;<miiyreroWSapplicetioaornu8dpleAmilydevelopment permit subject to this resoludeA who to aggrieved by the City's dedsion not to accept fbr filing or further process such application, may appeal for relief to the City Council. The appea,' than be In writing and shall be transmitted to the Office of City Attorney within ten (10) days of the d1tn of noUcation that the permit oppOcadon will not be accepted for filing or be processed. (2) The appeal shall be considered by the City LCouncil thin twenty (20) days of the data the appeal Is received In the Office of City Attorney. The City Councif shnfl not release the applicant \ ' 3 I • r, from the requirements of this resolution, unless the applicant first presents crdible evidence from ; which the City Coundl can reasonably conclude that the delay In proassirtg the application fbr establishment of a mulflple-fwdly dwelling deprives the applicant of a voted property right or deprives the appllcut of all sconomick1y viable use of his land, (3) In deciding whaher to grant relief to the applicant based upon such appeal, the City Coundl shall take Into consideration the following: (a) the nature of the uses allowed by axtsting zoning; (b) whether the uses suthaind under existing aoning provide economically viable use of the land; (c) the degree to which the property owner may be damaged by the delay to processing the application; (d) the llkafth xl that suf cl rt reWimil be provided to the applicant following adoption of new regulations governing establishment, location of snd statdards aft7ra6g multiple Amily dwellings; (e) the total expenditures made In connection with the proposed development In reliance on Oct regulations; any fee reasonably paid In connsWon with the proposed use; (g) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant; and (h) whetber the aaabtlshment of the multiple Amity dwelling In the absence of zoning standards and criteria that address multiple-"Iy dwellings subject to separate leasing of bedrooms contained within a single dwelling unit Jeopardises the City's health, safbry or general welfrrs. (4) The City Council may take the fbaowing actions; (a) deny the appeal, In which case the application shall toot be accepted for filing or Atrther processed; (b) grist the appal, and direct that the Planning Director, building ofdcW or oth.r oA9dal responsible for Wowing tI a application arcept the application for filing or process the application fLrther consistent a'th existing reftlalloric Of r r - I t (c) grant the appeal subject to aoadiitions consistent with the purpose of this onlinaaea, and direct that the Planaing Director, building official or other official responsible fbr reviewing the application adept the application for ftltng or process the application lluther consistent with existing regulsdons. (S) DevelopmeifbrwhlehrellefisgnatedbytheCity Council baseduponstchanAppeal shall expire, and All claims pertaining to vested rights or loss of economically viable use shall be deemed waived, fbrfaited and void, If the fbllnwing conditions occur; (a) an application Str approval of the residential development permit consistent with the City Council's decision is cot 91ed within thirty days (30) cfgraoting of such relief, or (b) the application subsequently is denied fbr allure to comply with existing regulations governing the permit; or (c) approval of the application has aspired. Section 7. EXtlt11>Zdw~ - The providono of this resolution shell not apply to; (1) any appllcatkin for a multiple•tlrtmily development permit for which a preliminary plat or building permit application was approved and remains in affect, or for which an application for preliminary plat or building permit was accepted fbr ffilng prior to the afflictive date hereof, or (2) any application for a multiple-firmly rezoning for which a public hearing before the Planning and Zoning Commission has bees held and the Commission's recommendstion his ben delivered to the City Council prior to the effecdve date hereof Section S. p02. (1) M applicant fbr a muhiple4=4 development permit or for a muldple-family rezoning subject to the limitations in this resolution may apply to the City Council for an exception to the terms of this reeotutloa The request fbr exception shall be in writing and chef l be transmitted to the Dtflee of the City Secretary within ten (10) days of the date of notification that the application for a tmtldple-family development permit or multlpie-"Iy rezoning application will not be accepted for 81ieg or f artfu r processed. The request shall be accompatled by an unconditional waiver of any claim that the application has not been processed to accordance with any rime limits established by law. The request for exception dd be considered by the City Council w,thln twenty (20) days of the date the request fa received In the 0111ce of the City Secretary. (2) The City Council may great an exception o the Iiritstiins of this eeetlon only if the applUnt presents credible evidence either tibat (1) the nuldple hAdly rezoning appikadon s not lbr , pUrooser of establishlne a tmiltinln.tArnaw /twompa nr the mi .mr moaoma /b coll.. r.o.7rl.w t. r t, 1 t, r ""'hed Is not subJwt to separate leulog of W'froms conWned In r single dwelling unit. in deterrnloing whether to grant the ertception, the Council 94 ooroider: (a) whether the establishment of the multiple-fitmily dwelling In the absence of caning standards and criteria Implernsadq policies pertatrdng to muldplo- Iba* dw*Mnge In *4 City's the proposed eoemprehardve On Jeopardizes the City's Interests In prev"Ing the Gaproper.location or density of such uses; (b) whether the applicant Is subetenWy dbadvantsged by the delay In prooudag the proposed applloadon; (c) the stdtabiflty of the proposed muldploAmily dwelling In light of land uses allowed to the wotng diddote on property adjacem to the proposed she; (d) the effect of the proposed multiple-family dwelling on the neighborhood of the proposed ales: (e) the adequacy ofwater, wastewater, rosdways and dntinsge fYdlitles to torus the proposed development; (f) the meaarrn proposed to be taken by the appliearrt to Prevent negative Impacts of the proposed multipte-firmly dweigng on the nelgOorhood in which the use Is to be located; and (gy the likellhood that my restrictions proposed or imposed on the establishment of mdtipleAmilly dwel !W whhin the proposed :onbtg al"i ficadon or the i eapante basing of bedrooms oonWaW In a single dwdi g unit can be ' erdbrcW In the abs ooe of new sonlsg regulations addressing the Impacts of mxddpleditaWy land uses. (3) The City Courted may take the following acdou: (a) deny the ngwd fbt owspdon, In which we the application shall not be accepted or War prooaeed; (b) gnat the request for axoepdoo, and direct that the Mvud tg Director, bu>Yding ofl'leW or other otlidat roWnsible for reviewing the application acW the applicationfor f lingorprocesstheapplicationlltrtharoonistrrttwitheodating regulation; or (o) grant the reruett to, exception subject to condidons consist-v with the t+ t putpme of ON section and the criteria conWned herein ant direct +her rho, Now c~ Pwwos biwor, ksim / oftel of other oakw rewom" for szlstin3 ,llgo3 or proom the app tludon Auther eousipent whb s Section 9, , The farms end pmvl M otthls m oh" sbs11 be dewed to bi wmsbla end if the Yaw of say "Won. tt+bseodon, seehrtes, obutee or *m of tw taeolutloe should be deo aw to be InW4 the will doll not duct the veil ft of any other uction, subsection, serxence, clause at pluses of We rceoludon. Section 10, $ j This ruoNdon shell become dpsWve upon Its pusW end its approve[ it ercadinyly raolvad, PASSED AND APPROVED BY TH8 CITY COUNCIL OF THE CITY OF DENTON, TEXAS, this I10 dry of lu% 19". Ieck Miller, Mayor ATTEST; lamdtir welters City Secretary APPROVED AS TO FORM; Herbert L, uty City Attorns 7 r ~ < t I t ApWlda AGENDA INFORMATION SHEET Apllt~l AGENDA DATEt June 1. 1999 DEPARTMENTt Parks and Recreation Department ACM: ;tick Svehla SUBJECTt A resolution authorizing the City Manager to execute a Memorandum of Understanding on behalf of the City of Denton with Fairfield Centre, Ltd. or its successor, relating to the use of a portion of North Lakes Park for the expansion of Bonnie Brae to allow for the construction of left turn lanes and other Improvements; and providing an effective date. BACKGROUND: The Fairfield Student Housing Development (PD-86) is a 256 unit, multifamily development located south of Windsor Drive and west of Bonnie Brae. As a result of traffic recommendations from C&P E;nglneering, the City's Engineering and Transportation Depmiment has required a left turn lane in the northbound t'. Westward Drive, This turn lane will require approximately 12'x 400' of ROW k Brae. Because the ROW on Bonnie Brae Is prescriptive ROW, the deveio~. is requesting that the additional square footage occur on the cast side of Bonnie Brae, which i Is in North Lakes Park. In addition to the required street Improvements related to their development, Fairfield Student Housing will construct: Left turn lane southbound into North Lakes Park at Bonnie Brae and the proposed Westward Drive • Two lane entrance drive apron at Westward into North Lakes Park • Demolish existing entrance at the disc golf course and provide curb and gutter Also, A pan of the project the City's Engineering and Transporlatiin Department will construct: 1 • A paved 30' approach beyond the entrance dri ve apron. • A temporary road from the approach to the existing disc golf parking lot. These improvements follow the logical development of North Lakes Park, The current conceptual master plan for this park Indicates one primary entrance off Bonete Brae, This would most likely occur at a major Intersection following street development on the west side, Because Westward is the first Intersection on Bonnie Brae between Windsor and University, other median cuts will develop in relation to it. The Westward Drive entrance will be a secondary entrance when the park is fully A. developed. Again, these improvements are consistent with long term development of the park; therefore the Fairfield Student Housing development is only expediting park development at this location. If the Parks and Recreation Department were to seek a building permit for future improvements to the park, the platting process might will require the dedication of this property for street right-of•way purposes. -t- C U i I III t~, I The Parks and Recreation Department reviewed with the developer all other possible solutions to accommodate the left turn lane onto Westward Drive. All solutions discussed would significantly delay the schedule of construction and would most likely jeopardize the development, The alternate sAutior,.' included, • pursuing eminent domain proceedings otr other Wiscent property owners, • pursuing a variance from the Traffic Safety Urrimisslon to allow on entrance off Windsor Drive, which is viewed by the City's Engineering and Transportation Department as the least satisfactory traffic solution, or • purchasing the park land required for street Improvements from the City of Denton, requirr:tg a public referendum on the sale of park land. Options for Council to consider include, to approve or deny the Memorandum of Understanding and Resolution w proposed, to modify the extent of the proposed street improvements (this could also include improvements into the park) or authorize it condemnation letter against property owners adjacent to the Fairtteld Development. RECOMMENDATIONs 11 is recommended that the Memorandum of Understanding be approved as submitted. The benefit to the park by expediting long-range improvements Is sufficient to allow the expansion of ROW into the park, ESTIMATED SCHEDULE OF PROJECT; Construction on this development is projerkd to begin in July 1999 with completion in the summer 2000. PRIOR ACTIONfREVIEWi The Parks and Recreation Board unanimously recommended approval of this item at Its May 13. 1999 meeting. ' FISCAL INFORMATIONs The portion of construction to be completed by the Engineering and Transportation Departm^ . is estimated to cost $2,500. BID INFORMATIONi Not applicable. 1 A 3 See attached. Res ctfully submit ney, Mic or Parks and Recreatlonikp ent Prepay y. j ~ .!R!11-\ Janet imp n, Ass t Director Park and Recreati nartment i` RESOLUTION NO. A RESOLUTION AIJTHORIZtNG THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE CITY OF DENTON WITH FAIRFIELD CENTRE, LTD. OR ITS SUCCESSOR, RELATING TO THE USE OF A PORTION OF NORTH LAKES PARK FOR THE EXPANSION OF BONNIE BRAE TO ALLOW FOR THE CONSTRUCTION OF LEFT TURN LANES AND OTHER IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the City Manager is hereby authorized to execute a Memomdum of Understanding on behalf of the City of Denton with Fairtield Centre, Ltd. or its succeEsor, substantially in the form of the attached Memorandum of UaderstaMing which is Incorporated herein for all purposes, relating to the use of a portion of North Lakes Pork for the expansion of Bonnie Brae to allow for the construction of left turn lanes and other improvements. SECTION Il: That this ordinance hall become effective immediately upon its passage and approval. i PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR { ATTEST: JENNIFER WALTERS, CITY SECRETARY I DIY: APPROVFD AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY t` c. Kxau~aaxwx,arr.aa e.~.xr..w+xn..rt~rr.~sw N MEMORANDUM OF UNDERSTANDING This memorandum of understanding doted , 1999 between the City of Denton ("City) and Fairfield Centre, Ltd. (Fairfield). WITNEVETH: WHEREAS, the Parks and Recreation Department's current conceptual plan for the Development of North Lakes Park (Park) indicates one primary entrance off of Bonnie Brae Into the Park; and WHEREAS, Fairfield's proposed development plat provides for the construction of Westward Drive that will Intersect with Bonnie Brie adjacent to the Park; and WHEREAS, the City's Development Review Committee (DRC) recommends the construction of left turn lanes on Bonnie Drat at proposed Westward Drive as the most satisfactory solution for the traffic which will resuii from the development of the Park and the Fairfield Project; and t WHEREAS, there is not sufficient existing street right-of-way to construct the suggested left tin lanes but that if the City wra platting the Park for future improvements, the Park would have been required to dedicate sufficient right-of-way to allow for the construction of such left turn lanes; and WHEREAS, Fairfield is agreeable to constructing the needed left turn lanes (by using Park land) and certain other improvements for the Park at its own cost rather than request the City to pursue condemnation action against an at,rccnt property owner as provided for under the City's Subdivision Rules and Regulations; and WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Sec. 26.001 of the Texas Parks & Wildlife Code or Sec, 233.001 of the Texas Local Gcvernmeni Code; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged, the parties agree as follows: I, That a portion of North Lakes Park approximately 12 feet wide and adjacent and parallel to Bonnie Brae In the vicinity of propo,ed Westward Drive may be used by Fairfield for the expansion of Bonnie Brae to allow the col sttuction of northbound and southbound left turn lanes is recommend by the DRC, f \ c 2. Faitfield will construct a 2-lane park entrance at proposed Westward Drive, _d- 0 raxla~,vawxwacuxaa. 3. Fairfield %01, demolish the existing entrance to the disc golf course in the Park and provide curb and gutter i it lice thereof. 4. All public improvements referenced above to be constructed in accordance with the Standard Plans and Specifications As set forth in City's Subdivision Rules and Regulations, S. During construction of the Improvements above, Fairfield may have temporary use of such additional park land necessary to stage the construction of the Imp; ivements as may be approved by DRC and at the completion of the construction activities for the above improvements such additional park land shall be restored to the cotdition to which it existed prior the beginning of such construction activities. 6. The above Improvements must be completed prior to the issuance of a certificate of occupancy for the Fairfield Project. 7, This fights and benefits act forth in this documem, may not be Assigned without the express written consent of the City. 8. This document shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable In Denton County, Texas. 9. FAIRFIELD, its heirs, successors and assigns AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF DENTON FROM AND AGAINST ALL CLAIMS OR LIABILITIES ARISING OUT OF OR IN CONNECTION W1TH THIS AGREEMENT AND THE CITY GRANTING, REVOKING OR WITHHOLDING ANY PERMIT OR CERTIFICATE OF OCCUPANCY BY REASON OF THIS AGREEMENT, 10. This document constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the W..ies respecting the within subject matter. 11. This document shall be filed in the Deed Records of Denton County and shall constitute a covenant running with the land. EXECUTED this _ day of - .1994. Cl", Y OF DENTON, TEXAS MICHAEL W, IEZ, CITY MANAGER P Memorandum of Understanding Page 2 o(4 A (I I '01104 Wt',YN.IA,DDf/1`L0.A d r~frw,.MM~,dIMrM4,~, ATTEST, JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY AIRFIELD CENTRE, LTD. i President (type or print name) STATE OF TEXAS $ COUNTY OF DENTON $ This instrument was acknowledged before me on the day of 19~0 by Michael W. Jet, City Manager of the City of Denton, a municipal corporation, on bchalf of said corporation. a Notary Public, State of'I axaa W i Memorandum of Understanding Page 3 of 4 -6- r i i 1 j i i S; ~I I o(l11AlNatiVJiIAMIfaOtar W.rMr.rwu~.rV.iw.a,w I STATE OF TEXAS I ; COUNTY OF DENTON ¢ 1 This instrument was aclauowledged befcre me on the day of l9_, by of Fairfield Centre, Ltd., a Texts Limited Partnership, 1 Notary Public, State of Texas I i 1 i i Memorandum of Understanding Page 4 of 4 t k ' f DRAFT Parks and Recreation Advisory Board May 13, 1999 Senior Center Members present: Don Edwards, Dalton Gregory, Dale Yeatts, and Willie Hudspeth. Staff present: Ed Ilodney, Janet Simpson, Kathy Mosby, Bob Tickner, Janie McLeod and Lancine Bentley. Chairman Don Edwards called the meeting to order at 6:03 p.m. Ed Hodney Introduced Lancine Bentley, as the new Keep Denton Beautiful Coordinator. lA said Lancine comes to Denton from Fort Worth and will be periodically attending the Board meetings. The minutes from the April 8`^ Board meeting was approved by a motion made by Dalton Gregory and seconded by Dale Yeatts. The motion passed. DISCUSSION ITEMS - Held for later In the meeting. ACTION ITEMS Consider a Request to Utilize Clty of Denton Park Property (North Lakes Park) for Drainage PurM ses. Janet reported that the Fairfield Housing Development has requested to utilize City of I Denton park property (North Lakes Park) for drainage purposes. Their request is to install approximately 230 feet of underground storm sever on park property to facilitate drainage of the devcl)pment located west of Bonnie Brae and south of Windsor Dr. The land proposed to be used is located east of Bonnie Brae and south of Windsor Dr. Aller reviewing all other alternatives, staff recommended approval of this use In North Lakes Park. Janet said because the use occurs underground, there is no direct reduction of park land available to the general public for recreational use. There would be no Impact on current park operations or programs. Willie Iludspetlt asked in any trees would be removed. Bob Tickner said no trees would be aiteckd, Dalton Gregory made a motion to approve staffs recommendation. Dale Yeatts seconded the motion and it passed unanimously, Copt-,ider a Request for Fiber Optle Communication Purposes. Janet Simpson reported that the Denton Municipal Electric requested Installing fiber optic lines from North Lakes Recreation Cower, cast on Windsor Drive for the entire length of the park. The line will terminate at Hinkle Street. The line will run underground, 9.5 south of the curb line, Aflcr reviewing all other alternatives, staff recommended approval of this use in North Lakes Pe k, Because the use occurs underground, there is no direct reduction of park land to the general public for recreational use, There would be no Impact on current park operation or programs. Gregory Dallon moved to approve staffs recommendation, Dale Yeatts seconded the motion and it passed unanimously. -B- r t u Peeks and Recreation Advisory Board May 13,1499 Page 2 Consider a Request to Provide Street Improvements on North Lakes Park. Janet Simpson i reported that a plat is about to go to City Council that will Include the following street improvements on North Lakes Park; • Left turn lane southbound Into North Lakes Park at Bonnie Brae and the proposed Westward Dve • Two lane park entrance at Westward with a 40' long extension into the park to allow stacking for two vehicles • Demolish existing entrance at the disc golf course and provide curb and gutter • Temporary road from existing disc golf parking lot to the new entrance. Staff recommended that the Parks and Recreation Department enter into a Memorandum of Understanding according to the specifications outlined. The benefit to the park by expediting long-range improvements is sufficient to allow the expansion of ROW Into the park. The Board was asked if they would support the improvements as benellclal to the Park. Dalton Gregory moved that staff's recommendation be approved. Willie Hudspeth seconded the motion tuid it passed unanimously I ~ w' .g. t t t U IA it Nam lair 600 0 600 1000 Fkt 'VL_p I 'S1 r5 5 !5,~ . t ! M1 , . .!m ~y 1 / 1, l 4 1111 %IL. IIJ Pwk t ! 1, 1{ 1.1 !1 ti 1 !i ~I' 1 ~1 f\ , f', , f, 'S ! i L t Laws _ _ ;L1L~,1 ; 1~ lIM1, l1 I ! 1 1 5 1 !f + /5 111,.r1/r1 I'I14+5',55!! LL111 ,I r11' ,5 1 ' 115 1! ` ! f `11 f 11 1 / f r 1 5 1 Ii, S 11l+r llr1~ 'L? L 4 t, 1 1 5 L t 1 4 1 1 M15 t\ 5 S, rt 1 1 { .III I:51 1 % r(. I,rS f 1 , 1 i. rii r, ; \I 1, l~ r,~ r 1 ' i t • ~ 1 L5 L /1 rl'. 5 ' ! 1 ~ I ~ . r IL 1 f1 (5 ,r ~ II L i d I t: f i +r\l, 11//5tt /h \fI L\Lr,I tI r'r` I\YI f'!.. i 1, 1 5 /1 1 1 1if 111 ~ I 5 1\ .~I+1 I5j,1 IS 11il I1 r 1/ , , 1 1 1t1" ! Sri i ~ t I P f ! ' r,r• leu, l,',1 r ,r rlr t l,r,f i 'I L~ 1 ` i!!'1l ll.el M1 ! 1 1.t 451;,r a\+1'' ' ~~~t I l~ I le IL 1r a l>!L .1 I i •6.:.~~IIt~.. ! + l '111,'fI1111, /lS III'f rl! Sl I NORTH LAKES PARK Approximate Loatton of ° Street improvements fl+rt t L !t 55'l i. ~ l 155 4 f , Se5l:t4 :i I• 1' 1' ' .I r 'I l 1 l L f ytdm 36 r i1 ri '/,l'\l i 111 1 Ij 4' I~ I rI f~ it Ij lr - i L ~ tUnlvw* Dd" f ! ' a t L, AptuMa 1Vo. 9~ - ~ AGENDA INFORMATION SKEET s Oats - AGENDA DATE: June I",1999 DEPARTMENT: Planning & Development CM/DCMIACM: Rick Svehlaj> SUBJECT Bold a public hearing and consider adoption of three ordinances to temporarily designate three tracts of annexed land, amounting to approximately 2,549 acres, as Agricultural ("A') zoning district classification and use designation; providing for a penalty in the max;.nwm amount of S2,OOt).00 for violations thereof; and providing for an effective date. Descriptions of the tracts affected Include: a. Tract NI (A-80): approximately 1,952 acres of land located at the southwestern edge of the city of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately 5,800 feet west from 1.35W, and east from Florence Road. [Robson property) b. Traci N2 (A-81): approximately 125 acres of land, 1,000 fact in width extending north from Craw ford Road, and extending to the west approximately 5,800 feel from 1.35W. [Hillwood I property] c. Traci H3 (A•82): approximately 472 acres of land, located between 1-35W and U.S. 377, north of Crawford Road, and south of Aired Road. tiduffines property) BACKGRQUND On Stay 25', 1999, the City Council continued a scheduled public hearing and eonsiderr'ion of three zoning ordinances to June 1", 1999. City Council was scheduled to approve the annexation of three tracts of land, as identified on the map In Exhibit A, on May 25'x, 1999. Three companion ordinances (attached as Exhibits A, B, and C) were also prepared for Council consideration on Stay 25u' to establish the initial Agricultural zoning for the tracts. Alter consideration of the involuntary annexation ordinances, Council is scheduled to hold a public hearing to hear comments regarding the proposed temporary Agricultural ("A') zoning for Tracts k I, N2, and t13, and consider approval of the associated ordinances. If approved, the effective date of the ordinances will be June 15 , 1999, which is the same effective dale of the involuntary annexations of Tracts M1, q2, and 03. The ordinances are required to establish the legal validity of the temporary Agricultural zoning for each Iract that becomes newly annexed in the absence of a specific zoning application submitted by the 1 t property owner. The annexation ordinances prepared for Council consideration also contain provisions to assign Agricultural zoning to the annexed tracts, but do not contal:t the penalty clause (maximum { penalty of $2,000.00 for violations) needed to validate and enforce city zoning regulations. If the annexation ordinances were amended to add the penalty clause, the ordinances would have to be re- t t published in the newspaper, and Council would have to wait another 30 days to approve the annexations. During a Special Called meeting on May 19'h, 1999, the Planning & Zoning Commission recommended approval of the temporary Agricultural zoning for the tracts by a vote of 7.0. Discussions with the owners of Tract #l and Tract 03 have led to consideration of mutual agreements regarding the coordination of annexation and zoning approvals. Tract #1, owned by Robson Commanities, Inc,, is also subject to a voluntary annexation petition that includes land currently located inside the Town of Northlake extraterritorial jurisdiction (ETJ). If a Denton-Northlake intcrlocal agreement is executed before June I", staff will recommend that the involuntary annexation ordinance for Tract #1 be withdrawn in favor of the voluntary petition. A Planned Development zoning application may be submitted in the near future with respect to Tract 0, owned by the Iluffines family. Negotiations regarding both orthese tracts are not yet complete. Any changes that may affect the involuntary annexations will also affect the attached zoning ordinances, and will be reported to Council on June I OPTIONS The options related to the affected tracts are more closely related to the annexation actions than the ; zoning classifications. Should Council wish to consider other use designations for the tracts, separate procedures would have to be followed, as per the city's zoning ordinance. RECOMMENDATION Staff recommends that the zoning ordinances for Tracts #1, #2, and #3 should proceed in correlation with the progress of related annexations. If the annexations do not occur, the zoning ordinances will not be considered by Council, if the Dcnlon-Northlake interlocal agreement is signed, or if an agreement with the owners of Tract 03 can be reached, staff will make changes to these recommendations on June l". F'STIM1tATED SCHEDUE OF PROJECT The zoning ordinances, if approved, will take effect June 15`1,1999, - PRIORACTIONIREVIEW February 23'1999 Council approval of annexation schedule March 20, 1999 1" Public Hearing March 30`% 1999 2nd Public Hearing April 14`h, 1999 Planning & Zoning Commission recommendation of approval, 4.2 April 20"', 1999 City Council approval of three ordinances by super-majority, with an amendment to reduce Tract 03 from 1,025 acres to 472 acres May 19`1999 P&Z recommendation of approval of Ag zoning, 7-0 r May 25`", 1999 City Council postponement of action on annexation ordinances until June I" City Council continuation of zoning public hearing and action to June t" 2 r I Additional briefings arsi consultations have been held by the City Cot ncil with respect to litigation riled against a Fresh Water Supply District that has allegedly annexed a portion of Tract U. FISCAL INFORMATION Not applicable. EXHIBITS Exhibit At Map of Tracts #I, P2, and R3 Exhibit B: Draft Ordinance ( Robson tract) Exhibit C; Draft Ordinance ( H,llwood tract) Exhibit D: Draft Ordinance ( Huffines tract) I I Respectfully Submitted: ba M. Hill Director of PIanni ng and development I i i/ 11x11 ~ I I 'I i selaw / FI BST A I , / DENTON i o r bIL ET.! i CITY OF € SelCom Road DENTON I TRACT 2 ~ • - ~ 0, 0 ` t• r EXHIBIT B a. ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROV1DINQ-FOR. TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT 6'1 FOR APPROXIMATELY 1,952 ACRES, LOCATED AT THE SOUTHWESTERN EDGE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION, BETWEEN CRAWFORD ROAD AND LIVELY ROAD, APPROXIMATELY 5,800 FEET WEST FROM 1.35W, AND EAST OF FLORENCE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton on May 25, 1999 on final reading annexed the property designated as "Tract N 1" and more particularly described in Exhibit A; and WHEREAS, the proper development of thi annexed property has not yet been determined and has not been permanently zoned; and WHEREAS, the policy of the City of Denton is to temporarily zone annexed property Agricultural (A), until permanent zoning is determined; and WHEREAS, after a public hearing on May 19, 1999, the City of Denton Planning 1 and Zoning Commisslon recommended temporary zoning of "Tract N1" to Agricultural (A) zoning by a vote of 7-0; and WHEREAS, the City Council finds that the zoning will be In compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, I THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the zoning district classification and use designation of Tract N1 consisting of approximately 1952 acres described in the legal description attached hereto and incorporate 1 herein as Exhibit A, is classified as Agricultural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION It. That the City's official zoning map Is amended to shoe the zoning district classification. UCTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000,00. Each day that a provisior. of this ordinance is violated shall constitute a separate and distinct offense. SECTION Iy. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption t 94 of this ordinance to be published twice in the Denton Record-Chronicle, a deity newspaper published In the City of Denton, Texan, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CI i'Y SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: • 6, 1 l i i c TRACT X11 Exhibit A _ r . All that certain lot, tract or parcel of land lying and being situated In the County of Denton. State of Texr.s, In the M Scurlock Soryzy, Abstract Number 1141, the F, Garcia Surv4Y, Abstract Nuft&V 502, the I3.9.B. Bc C.kR, Survey, Absttect 1Vum`.er 197, the J, McGowtn Survey, Ab'strea Number ~98,~~ the F. Oliver Survey, Abstract Number 989, the J. H. Paine Survey, Abstract Number 1617, and being more particularly describe as follows: , Commencing from a point in Crawford Road, said point also being the Southeast corner of said M Scurlock Survey and the southwest corner of the 13. Pizano Survey, Abstract Number 994, Denton County, Texas; Thence North 00 degrees 37 minutes 19 seconds East with the east line of said M. Scurlock Survey, and the West line of said E, Pizano Survey, a distance of 30.00 feet to the POINT OF DEOiNNWO of the herein described tract; Thence North 89 degrees S l minutes 20 seconds West along the North line of Crawford Road and being 30 feet north of and parallel to the south line of said M. Scurlock Survey, a distance of 3840.02 feet to a point at the beginning oia curve to the left; f Thence with said curve to the left having a central angle of 89 degrees 29 minutes 36 seconds, a radius of 2640.00 feet, to a point; Thence West a distance of 1037.44 feet to a point for corner, Thence North 00 degrees 00 minutes 47 seconds East a distance of 1064.92 feet to a point for comer at the beginning of a curve to the left; ` Theme With sa,d curve to the left liavfng a central angle Cf 84 degrees 20 minutes 48 secoads,'a radius of 2640.00 feet to a point for comer; Thence North a distance of 1141.19 feet to a point for Atner at the beginning of a curve to the left; Thence with said curve to the left having a central angle of 02 degrees 10 minute 14 seconds, a radius y z; of 2640.00 feet to a point for corner, Thence North 89 degrees 51 minutes 47 seconds East witb a North line of said 2426.81 acre tract a distance of 3017,94 feet to a point for corner, , 7. 1 • a , u Thence North 00 degrees 20 minutes 02 seconds West, a distance of 1708.41 feet to a point at the Southeast comer of East Ponder Estates, an addition to Denton County, Texas, according to the plat thereof recorded In Cabinet 0, Page 367, ofthe Plat Reco;ds of Denton County, Texas; ,.r Thence. North QQ degrees 21 knptes* 15 66donas West With the epst Zino of sold 'addnl6h, .e dsstartbe of 3404.29 feet to a point on the south line of K Lively Road; Thence North 89 degrees 51 minutes 43 seconds Nast along the south line of H. Lively Road and being 30 feet south of and parallel to the North line of Bald 1. McGowan Survey, a distance of 5700.31 feet to a point for corner, Thence Southerly, a distance of 6824.00 feet to a point for comer at the Southwest corner of the 0. Pettingale Survey, AbstractNumber 1041, and the Southeast comer of said P. Garcia Survey; t Thence F',asterly a distance of 1221.00 feet to a point for comer on the South line of said 0. Pettingale Survey at the Northeast comer of avid M. Scurlock Survey and the Northwest corner of said B. Piaano Survey; Thence South 00 degrees 29 minutes 08 seconds Bast With the Beat line of acid M 8, 66rlock Survey and the West line of sold K. Pireno Survey, a elstance of 3074.89 feet to a point for corner, Thi+nce South 00 degrees 37 minutes 19 seconds West with the Bast line of said M. Scurlock Survey and the West line of sold 13. Piano Survey, a distance of 3315.00 Prot to the POEM OF 1390 4MG ' and containing in all 1,952 acres of land, A' JJ 1 r 8. t 1 k E, i EXHIBIT C ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDINT FOR' TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT H2 FOR APPROXIMATELY 125 ACRES APPROXIMATELY 1,000 FEET IN WIDTH EXTENDING NORTH FROM CRAWFORD ROAD, AND EXTENDING TO THE WEST APPROXIMATELY 5,800 FEET FROM 1.35W: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton on May 25, 1999 on final reading annexed the property designated as "Tract k2" and mac particularly described in Exhibit A; and WHEREAS, the proper development of the annexed property has not yet been determined and has not been permanently zoned; and WHEREAS, the policy of the City of Denton is to temporarily zone annexed property Agricultural (A), until permanent zoning is determined; and WHEREAS, after a public hearing r Slay 19,1999, the City of Denton Planning i and Zoning Commission recommended temporary zoning of "Tract *2" to Agricultural (A) zoning by a vote of 7-0; and WHEREAS, the City Council finds that the zoning will be In compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the zoning district classification and use designation of Tract #2 consisting of approximately 125 acres described In the legal description attached hereto and incorporated herein as Exhibit A, is classified as Agricultural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. i SFC_ T~ ION 11. That the City's official zoning map is amended to show the zoning district classification. SECTION Ill. That any person violating any provision of this ordinance shall, upon convictbri, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Al r SECTION 1V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of thls ordinance to be published twice in the Denton Record-Chronlcle, a daily E 9. F t t ti. newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. - I PASSED AND APPROVED this the day of 1994. JACK MILLER, MAYOR r ATTEST; JENNIFER WALTERS, CITY SECRETARY BY; I i APPROVED AS TO LEGAL FOnf; FIERBEitf L, PROUTY, CITY ATTOPU T BY; r 10. t i Exhibit A C ALL that certain lot, tract or parcel of land lying~eing situated In the County of Denton, State of Texas, In the E. Pizano Survey, Abstract Number 994 end being more particularly described as follows: COMMENCING at a point In the existing Denton city limit line as established by annexation Ordinance Number 74-36 (Tract 1), said point lying 577 feet west of the intersection of the centerlines of Interstate Highway 35 West and Crawford Road, said point also being 500 feet northwesterly from and perpendicular to fie centerline of Interstate Highway 35 West, sold point also lying on the common Apportionment Agreement line established on November 18d, 1969 between the City of Denton and the Town of Argyle and recorded In Volume 716, Page 145 in the Deed Records of Denton County, Texas, said point lying In the south line of the E. Pizano Survey, Abstract Number 994 and the north line of the Patrick Rock Survey, Abstract Number 1063; THENCE northeasterly ,long the existing Denton city limit line (Ordinance Number 74.36(Tract I)), parallel with and 500 feet perpendicular to the centerline of I.H. 35 West a distance of 28.83 feet to the POINT OF BEGINNING, said point lying on the north right-of-way line otCrawford Road, 25 feet north of the said Denton/Argyle agreement lino; TIIENCE North 89 degrees 32minutes 57seconds West along the north line of Crawford Road and being 25' north of and parallel to the said Denton/Argyle agreement line a distance of 5,1119 feet to a point for corner, said point lying on the west line of the said E. Pizano Survey, Abstract Number 994, same being the cast line of the M. Scurlock Survey, Abstract Number 1141; THENCE North 00 degrees 04minutes 29 seconds West along the west line of the said E, Pizano Survey, Abstract Number 994 and the east line of the M, Scurlock Survey, Abstract Number 1141, a distance of 1000 feet to a point for comer; T11FNCIS South 89degrees 32minutes 57see6nds East, 1000 feet north of end 4arallel to the north line of Crawford Road, a distance of 5,751 feet to a point for comer, said point lying on the existing Denton city limit line as established by annexation Ordinance Number 74.36 (Tract 1) and lying 500 feet northwesterly from and perpendicular to the centerline of Interstate Nghwly 35 West; THENCE southwesterly along said existing Denton city limit line as established by annexation Ordinance Number 74-36 ("Craw I), 500 feet from and parallel to the centerlina of Interstate Highway 35 West a distance of 1,178 feet to the POINT OV BEGINNING and containing 125 sores of land, more or less. 11. > t t EXHIBIT D w ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT 03 FOR APPROXIMATELY 472 ACRES, LOCATED BETWEEN 1-35W AND U,S. 377, NORTH OF CRAWFORD ROAD, AND SOUTH OF ALRED ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton on May 25, 1999 on final reading annexed the property designated as "Tract 03" and more particularly described in Exhl5h A; and I WHEREAS, the proper development of the annexed property has not yet been determined and has not been permanently zoned; and WHEREAS, the policy of the City of Denton is to temporarily zone annexed property Agricultural (A), until permanent zoning is determined; and WHEREAS, after a public hearing on May 19,1999, the City of Denton Planning and Zoning Commission recommended temporary zoning of "Tract 43" to Agricultural (A) zoning by it vote of 7.0, and WHEREAS, the City Council finds thst the zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE I HE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: , SECTION 1s That the zoning district classification and use designation of Tract 43 consisting of approximately 472 acres described in the legal description attached hereto and incorporated herein as Exhibit A, is classified as Agricultural (A) zoning district flassifrcation and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SE(71ON I . That the City's official zoning map Is amended to show the zoning district classification. SECTION gj, That any pe yon violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of i' this ordinance Is violated shall constitute a separate and distinct offense, r SECTION IV, That this ordinance shall become effective fourteen (14) days from the date of Its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reoord-Chronicle, a dally 12. > ~ r newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 4 PASSED AND APPROVED this the day of 1999, I I JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY r BY, APPROVED AS TO LEGAL FORM: IIERBFRT L. PROUTY, CITY ATTORNEY BY: i r 17. ? 1 t, I s I 0 E•hibit A I TRACT 113 ALL that certain lot, tract or parcel of land lying and being situated In the County of Denton, State of Texas, In the B.B.B. & C.R.R, Company Survey, Abstract Number 158, B.B.B. & C.RR. Company Survey, Abstract Number 159, B B B, & C.RR Company, Snrvey,,AbAr¢ct Number' 160, S. 4576an)' Survey, Abstract Number 468; J3: Pi ino Survey, Abstraet Number 994, JM.' Smith Survey, Abstract Number 1181, W. Smith Survey, Abstract Number 1182 and being more particularly described as follows: BEGINNING at a point In the existing Denton city limits line as established by Ordinance Number 69- 40 (Tract III), being the most southerly southwest comer of said Ordinance Number 69-40 (Tract 111), said point lying 500 feet northwesterly of and perpendicular to the centerline of U.S. Mahway 377 (Fort Worth Drive); THENCE North 278 289 Bast parallel with and perpendicular to the centerline of U.S. I-Eghway 377 (Fort Worth Drive) along the existing Denton city limits line as established by Ordinance Number 69- 40 (Tract III) a distance of 1,680 feet to a point for comer, said point lying In the south line of the William Smith Survey, Abstract Number 1187 and in the north line of the Spencer Graham Survey, i Abstract Number 468; THENCE North 838189 390 West, departing said existing Denton city limit line and continuing along the south line of the said William Smith Survey, Abstract Number 1187 same being the north line of i the Spencer Graham Survey, Abstract Number 468 a distance of 2,030 feel to a point for corner; THENCE North 008 309 820 East a distance of 2,769.64 feet to a point for comer, said point Iying on the south line of the B.B.B. & C.R.R Company Survey, Abstract Number 159, said point also being the on the north line of the William Smith Survey, Abstract Number 1182, said point also lying In Johnson Road; a TRENCH westerly along said survey lines passing at 731 feet a'southeast corner of is tract annexed by the City of Denton by Ordinance Number 91.033 (Tract 1) and continuing along said existing Denton city limit line established by Ordinance Number 91.033 (Tract 1) and along said survey lines a total distance of 3,083.69 feet to a point for comer, said point being the norlbeast comer of the B.B,D. & C.RR. Company Survey, Abstract Number 158, said point also being the northwest comer of the William Smith Survey, Abstract Number 1182 and also being at the intersection of Johnson Lane and % t t Paine Road; 14, ! ~ ' V f 1 I 1 THENCE South 008 029 390 West along the existing Denton city limits line established by Ordinance Number 91-033 (Tract 0 and along the east line ofthe said B.B.B. & C.R.R. Company Sure, ry, Abstract Number 158 a distance of 3,648.27 feet to a poim' for comer, TIiENCE North 898 329 200 West along the existing Denton city limits, line established by.Ordinance. Number 91-033'(Tract I) a distance of 2;240.84 feet to a point )'pr cornea THENCE North 008 589 250 East along the existing Denton city limits line established by Ordinance Number 91-033 (Tract 0 a distance of 300 feet to a point for comer, said point being at an Intersection of the City of Denton annexation tract lines of Ordinance Number 74.36 (Tract 1) and of Ordinance Number 91-033 (Tract q, said point also lying 500 feet southwesterly of and perpendicular to the centerline of Interstate Rghway 35 West; THENCE South 298 559 510 West, 500 feet southwesterly of and parallel to tha centerline of k Interstate Highway 35 West and along the existing Denton city limits line established by Ordinance Number 74.36 (Tract 1), a distance of 1,300 feet to a point for comer, THENCE North 898 549 050 East, departing said existing Denton city limits line established by Ordinance Number 74-36 ('T'ract 1), a distance of 350 feet to a point for corner, raid point being the northeast corner of a tract to led Arthur Cooper by deed recorded in Volume $59, Page 459 of the Deed Records of Denton County, Texas; ! TIlENCF. South 008 159 030 West along the east line of said Cooper tract a distance of 428.80 feet to a point for corner, said point being the northwest corner of a tract to Joe T, Simpson by deed recorded in Volume 3097, Page 570 of the Real Property Records of Denton County, Texas, I I THENCE South 898 449 500 East along the north tine of said Simpson tract a distance of 200,05 feet to a point for comer, said point being the northeast corner of said Simpson tract; 1 THENCE South 008 079 510 West along the cast line of said Simpson tract a distance of 375 feet to a point for corner, said point lying on the north right-of-way line of Crawford Road and said point also lying 25 feet north of the common Apportionment Agreement line established on November 10, 1969 between the City of Denton and the Town of Argyle and recorded in Volume 716, Page 145 in the Decd Records of Denton County, Texas; TI IENCF In an easterly direction along the north line of Crawford Road most of the way and being 25, north of and paralle'-s%Ahe said Denton/Argyle agreement line a distance of 2,351 feet to a point for i c 1 1 corner, sold point lying 25 feet west of the said Denton/Argyle agreement line and said point lying on t• the west right-of-way line of John Paine Road; THENCE in a northerly direction along the west right-of-way I.ne of John Paine Road, 25-feet west of and parallel to sold Deacon Argyle agreement line a distance of 767 fW tQ a point for comer; ° THENCE South 888 309 East passing at 25 feet the snit line of the B.g.13.dr C.[tR Survey, Abstract Number 158, some being the northwest comer of the William GuAway Survey, Abstract Number 480, same being the southwest corner of the Mary Smith Survey, Abstract Number i 181, some being a common comer along the sold DentodArgyle agreement line, and passing At 2,641 feet the northeast corner of the said William Garaway Survey, Abstract Number 480 same bel ig the southeast comer of said Mary Smith Survey, Abstract Number 11 B 1 same being the west line of the S. Graham Survey, Abstract Number 468 and continuing along said agreement line a total dio.anee of 4,666 feet to a point In the centerline of the Union Pacific Railroad (formerly tb- Texas do Pacific Railway) for corner, THENCE North 2781 S9 East with the centerline of the Union Pacific Railroad and along the said DentonlArgyle agreement line a distance 250 feet, more or less, to a point for corner, sold point lying on a southerly line of the exbttng Denton city limits as eatabllshed by Ordintnee N\!mber 6940 (Tract THENCE westerly along said existing Denton city limits line as ostkIlehed by Ordinance Number 69. 40 (Tract 111), departing the sold DentoNArgyle agreement line, a distance of 430 feet to the POW OF BEGINNING and'conta!cing approximately 471 acres of land. \Yq c AGENDA INFOWATION SHEET 9 OZZ A a~ No. AGENDA DATE: Juno 1, 1999 date DEPARTMENT: Planning Department Ch11DCM/ACM: Rick Svchia, 349-7715 SUBJECT -Z-98-033: (PD 39) Hold a public hearing and consider rezoning of 24.4 acres from Planned Development 39 (PD 39) zoning district, Single-Family 7 (SF-7) zoning district, and General Retail (GR) zoning district to a Commercial conditioned (C(c]) zoning district, The property is legally described as the east 24.4 acres of Tract 26 in the S. McCracken Survey (Abstract 817). It Is located un the southv est comer of Sherman Drive and Loop 288. The proposal is to change the permitted land uses f-om residential and general retail to commercial, The Planning and Zoning Commission recommended approval (4-0) to rezone no more than 12.2 acres of the subject property adjacent to the intersection of Sherman Drive and Loop 288 to a conditioned Commercial (C) zoning district with conditions, BACKGROUND The applicant has stated his reaeons for rezoning this property is to bring some much needed commercial deve!opmcnt Io the north side of town, to broaden the City of Denton's tax base, to reduce the potential residential impact on the school district and to provide some shopping opportunities for residents of north Donlon (see Attachment 2, page 63 of 84 of minutes). The rezoning request was delayed at the applicant's request following the public hearing on December 2, 1998, before the Planning and Zoning Commission. After consideration, he now wishes to proceed with the request to rezone the crtire 24.4 acre site, knowing that In order to be approved by City Council a super majority vote (6 out of 7) is required as i1tie Commission's recommendation was to rezone no more [ban 121 acres to a conditioned Commercial (C(c]) zoning district. In effect, he is appealing the Commission's decision. I 'o The subject property is zoned Gcncral Retail (GR) on 1.057 acres and Single-Family 7 (SF- 7) and Planned Development 39 (PD 39) for cluster homes with a maximum density of ten (10) units per acre on the remaining 23.34! acres (see Attachment 1 - Enclosure 2). It is undeveloped at present. The aroa immediately surrounding these tracts Is undeveloped, too. City Council may recall that on March 2, 1999, it approved a detailed plan for 104 single- family lots with a minimum lot sire of 4,000 square for a 15.24 acre tract of land within PD 39 that is loca(cJ Immediately to the west of the subject property (Z-99-001, Forman Williamsburg Square). r i 'the 1988 Denton Development Plan locates this 24.4 acre tract within both a Sloderste Activity Center and a Law Intensity Area (see Attachment 1 Comprehensive Plan Analysis section and Enclosure 10). The comprehensive plan states Moderate Activity Centers should exhibit a mixture of residential and nonresidential land uses, Whereas, Low Intensity Areas are intended to be developed primarily for single-family residential land uses, The spp!icant's request is therefore, partially consistent (the portion which Is within the i . r 1 1 r Moderate Activity Center) and inconsistent (the portion which is within the Low Intensity Area) with the 1988 DDP. 9 The request for commercial zoning. on the larger tract is consistent with several of the 1998 Denton Plan policies, but Is inconsistent with the adopted 1999 Growth Slano3ement Plan (GMP). This comer of Sherman Drive and Loop 288 is Identified as an Existing Residential Pattern Area. The 1999 Denton Plan Strategies recommend protecting and preserving existing neighborhood areas. The GMP illustrates that the southeast and northeast comes of this intersection should be developed as Commercial Areas, while the northwest corner should be developed as an Institutional Area. 11k,s mixture of uses will create diversity at a major intersection along is corridor within the City. Y Three (3) property owners were notified of the zoning request. There has been only one response; it Is in favor of the request. PRIOR ACTION/REVIEW The following Is a chronolog; of Z-98.053, commonly known as PD 39: Application Date - October 16, 1998 P&Z Date - October 28, 1999. P& Z Date - D" ember 2, 1998. ESTIMATED PROJECT SCHEDULE If the request is approved, the property would have to be platted prior to development, requiring compliance with all current, zoning, subdivision and landscape regulations. FISCAL. INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. Any development on th,i site will require the extension of utilities. P&Z SUGGESTED RECOMMENDATION the Planning and Zoning Commission recommended approval to rezone no more than 12.2 acres of the subject property from Planned Development 39 (PD 39) zoning district, a Single-family 7 (SF-7) coning district, and a General Retail (GR) zoning district with the following conditions: 1. That a twenty (20) foot wide buffmyard with one canopy tree and two underslory trees per every nnccn (15) linear feet be provided along any property line abutting residential land use. 2, That a minimum six (6) foot tall fence constructed of wood, concrete or masonry be A , provided along any property line abutting residential land use. A fence constructed of / wood shall have steel posts, concrete or brick columns; wood columns are not permitted, 3. The floor-to-area ratio limited to 0.5; l or 265,618 square feel. 1. That the permitted uses not include those that the applicant offered to exclude (see Attachment I - Enclosure 5). s. „ 2 , u I d OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. a S. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, December 2, 1498, Z•48.051. 2. Planning and Zoning Commission minutes front December 2,1998, 3. Draft Ordinance. Respectfully submitt D Hill Director of Planning and Development Prepared by. Wayne Reed Piannerlt w /nq plft f-FrrlJkigyniM1l D'Jhr 3, e r ATTACHMENT 7 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT I Sublect: PO 39 Case Number: Z-98-053 fiW: Wayne Reed, Planner I Agenda Date: December 2, 1998 _T Hold a public hearing and consider making a recommendation to the City Council concerning an amendment to the Denton Development Plan's Concept Map, rezoning of 292 acres from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district to a Commercial conditioned (C(c)) zoning district on 24.4 acres and General Retail (GR) zoning district on 4.8 acres. The applicant desires to develop a node of general retail and commercial land uses. SITE ~ 4.8 acres (4R) LOOP 288 SITE 24.4 acres Cc rTI HERCULES LN LOCATION MAP Location: 24.4 acre tract is located on the southwest corner of Sherman Drive and Loop 288 and the 4.8 acre tract Is located : ► the northeast corner of Stuart Road and Loop 288. Slag: 29.2 acres i 4. II', i 0ENIRRAL INFORNIAT~QN r ~I Applicant; Dr. Ed Wolski Owner: Dr. Ed Wolski 2436 S. 1-35 East 2438 $J-35 East Denton, TX 76205 Denton, TX 76205 SUIT R .0 . N,0 oo A2 If a` The Planning and Zoning Commission tabled conslderstbn of this zoning request at Its October 28, 1998, meeting until a later date In 1998, due to Insufficient Information. The direction given to staff by the Commission at that time was to review the feasibility of amending the boundaries of the Moderate Activity Center located at Sherman Drive and Loop 288, determine adequate transportation Infrastructure, and quantify the cumulative acreage and scale of the neighborhood center located at the Intersection of Stuart Road and Loop 288 In relationship to the applicant's zoning request. Staff has completed its analysis and has provided its findings on the following pages, f The applicant Is requesting a conditioned Commercial (C[c]) zoning district on 24.4 acres and a General Retail (GR) zoning district on a nonadjacent 4.8 acre tract (see Location Map on first page), The proposed rezoning would result in a change of permitted land uses from residential to commercial in nature. The applicant has proposed conditioning the permitted land uses within the Commercial (C) zoning district (see Enclosure 6). 1988 Denton Development Plan The 1988 Denton Development Plan locates this 24.4 acre tract within both a Moderate Activity Center and a Low Intensity Area. It Is zoned General Retail (GR) on 1.057 aces and Single-Family 7 (SF-7) and Planned Development 39 (PD 39) for cluster homes with a maximum density of ten (10) units per 1 acre on the remaining 23,343 acres. The 4.8 acre tract Is wholly within a Low Intensity Area, It is classified as a Single•Famity 7 (SF-7) zoning district and Planned Development 39 (PD 39) zoning district for cluster homes at the some density as the 24.4 acres. Both are undeveloped at present. The area Immediately surrounding these tracts ara undeveloped, also. 1998 Denson Plan The request for commercial zoning on the larger tract is Inconsistent with the 1998 Denton Plan's draft Growth Management Plan (GMP). It Identifies the comer 24.4 acre property In an existing residential pattern. This area is Intended to develop as low-density residential neighborhoods. The 4.8 acre tract on the northeast corner of Stuart Road and Loop 288 Is part of a Parks/Open Space area , The present 0.968 acre tract zoned Goneral Retail (GR) Is within this area. Once the GMP Is adopted by City Council as part of the 1998 Denton Plan, It will guide growth for the next decade In much the same way as the current DOP's Concept Map has since 1988. ' I 1-~ 5. AM NdlK~. Yk. M0~?JERA7E ACTIVI'1`1r' CEl 9A lALY A. Amending the Denton Development Plan's Concept Map concerning the configuration of the Moderate Activity Center located at Sherman Drive and Loop 288. The Denton Development Plan (DDP) states that Moderate Activity Centers should exhibit a mixture of residential and nonresidential land uses. Specifically, it encourages commercial and retail land uses be limited to 113 the total acreage of a center and not allowed on more than three corners of an intersection (see Enclosure 6, Section 242, ComerclallRetail Limits). It sets forth a methodology, using something called the 00ne-Third Rule" calculation, to estimate the acreage and trip intensity of such land uses within centers, The 00ne-Third Rule Calculation" method Is found in Appendix A of the DDP (see Enclosure 7, Section 3.41). The Moderate Activity Center at Sherman Drive and Loop 288 is roughly 99.56 acres (see Enclosure 8), Using the available land use and zoning Information from Intensity Area 030 sheet, which represents this land area, the following methodology produces the theoretical maximum commercial and retail land area within this Moderate Activity Center: Acres Trips (x 650) (a) One-Third Rule Calculation = total size in column (By3 ....................33.19 21,512 (W5613)., - - . . (b) Calculate existing land use (developed) = ComlRelall In Column (B)__.., 000 0 (c) Calculate the current zoning land area = ComrRelail In Columns (D) + (F) (2.15+13,2) 15.35 9.978 (d) Calculate the total allocations of (b) + (c) (0.0 + 15 35) 15.35 9.978 (e) Estimate the status of CommerciallRetail (a) - (d) (33.19. 15.35) . 17.84 11,648 The above calculation shows that an additional 17.84 acres of land within the center could be rezoned to commercial and/or retail zoning districts without violating the DDP's Intent for Moderate Activity Centers. When the intensity calculations for all permitted land uses based upon existing zoning are combined, as calculated on the Intensity Area #30 sheet (Lines 3 and 4), the allocated number of trips comes to 19,146 trips or fifty-five percent (55%) of all intensity trips allowed within this Moderate Activity Center. This study provides the basis for the consideration of an amendment to the boundary lines of the subject center, There are several variables to consider when delineating boundary lines of specific Intensity Areas (see Enclosure 7, Section 2.1). The 1988 Denton Development Plan states that any amendment ✓ should Include a rtvlew of physical geographical features, environmental -itures, land use, zoning, lot and tract shapes, land use compatibility, and the size of the intensity a- .r. Section 2.2 of Apendix 6. ii h I k A, clarifies that the boundaries for undeveloped centers were approxiameted on the Concept Map and should be redefined at some point In the future when these centers are considered for development (see Enclosure 7, Section 2.2). There appears to be several reasons why this Moderate Activity Center should be amended at this point in time. First, the subject area has remained undeveloped, since 1988 when the DOP Identified it as a strategic location for mixed use development. In fact, all of the existing zoning districts within thn center were approved prior to the 1988 DDP. The creation of Planned Development 90 (PD 90) zoh:ing district in January of 1985 represents the last activity In the area. The recent purchase by Denton ISD or 121.5 acres located between Sherman Drive and Stuart Lane and between Loop 288 and Stuart Road has changed the nature of future development around this intersection too. The school district plans on constructing a combined elementary, intermediate and high school campus on the east half of this property with the balance, being developed as a public park. At present, the 19.18 aces of land within the center located on the northwest comer o` Sherman Drive and Loop 288 Is DISD property, minus 4.22 acres presently zoned Agriculural (A). Current zoning allows a combination of general retail, muld-family, single-family and agricultural land uses. The cumulative Impact of all the above supports at minimum the thoughtful consideration of an amendment to the boundary lines of the existing Moderate Activity Center given the Interest by the applicant to rezone and develop the southwest comer of the Moderatre Activity Center. The applicart is seeking conditioned Commercial (C[c]) zoning district for 24A acres located on the southwest corner of the Sherman Drive and Loop 288 interseCJon. This area contains a 1.057 acre General Retail (GR) zoning district. 1. due 1.057 acres is at.' Jed to the available 17.8 : acres for new commercial land use, seeing that it is part of current 15.35 acres zoned for retail (see Line (c) above), a total of 18 9 acres could be rezoned to permit commercial land uses without exceeding the "One- Third Rule" calculation for Intensity trips allocated to such uses. This is a difference of 5.5 acres. Again, this is a rule of thumb to provide guidance In the development of Moderate Activity Centers. Staff has used the guidelines set forth in the DDP to propose an amended Moderate Activity Center configuration (see Enclosure 9). The proposed center shifts a large percentage of the land area that was located on the northwest corner of the intarsection to the southwest corner. This was done for two reasons. First, the boundaries of the Moderate Activity Center on the east side of Sherman Drive follow logical land use area limits within Planned Development 90 (PO 90) zoning district. Second, it is almost certain the the northwest corner of the Intersection will develop as a public school. Knowing this, it appears to be logicar to increase the acreage within the center onto tl,o southwest corner and stretch it a little further south down Sherman Drive towards Hercules Lane. This area to the south of the subject property adjacent to Sherman Drive could serve as an Intensity transition zone between the commercial land uses and low-density residential neighborhoods. i'5 Uh: v1 $l a'1 0.,UnH dx: 7. lk COMPREHEN?~I_N ,ANALY313 4 ~Co~nme`r_~lal T~a~~it~ ~4~4..~~~~? b, ' , B. Rezoning (if 24,4 acres from Planned Development 39 (PD 39) zoning district and Single. Family 7 (SF-7) zoning district to a Commercial conditioned (C[c]) zoning district; and I Analysis of this request provides two perspectives. The first assumes no change in the boundary of the Moderate ,activity Ce ti`.er. The second, assumes that the boundary is changed as proposed by staff. Scenedo 1. No ChanaeJ w Intensity Areas. The subject property presentl,; --traddles the Moderate Activity Center and the Low intensity Area to the west (see Enclosure 10), Apyroximetely ten (10) acres of the subject tract are contained within the Moderate Activity Center while 14.4 acres are within the adjacent Low Intensity Area. The latter area is intended primarily for residential development, but allows limited nonresidential development. The property to the south and the west are undeveloped but zoned for residential development. If a j recommendation for approval Is made, staff suggests providing a minimum bufferyard to ensurr 'hat any commercial activity Is compatible and nonintrusiv l with future development In accordance with Section 2.f, concerning low density neighborhood housing protection. The applicant has forwarded a list of prohibited uses within the proposed zoning district (see Enclosure 5). This restriction of land uses removes the most incompatible commercial uses. The Intensity standard for the two areas Is different. A Moderate Activity Center allows 350 vehicle i trips per day per acre; a Low Intensity Area allows only 60 vehicle trips per day per acre. Limited nonresidential development abutting Loop 288 and S;srman Drive would be consistent with the standards established In the DDP for a Low intensity Area. The following table demonstrates the maximum number of vehicle trips that would be allowed within each area as well as what could be expected with an average commercial and retail development: Table 1. Vehicle Trip Generation by Intensity Area Inlensity Area Trip Generation Acreage Trips Moderate Activity Center 350 tripslac/day 10.0 3,500 trips Low Intensity Area 60 tripslacfday 14.4 864 trips Total 24.4 4,384 trips . Average Trip Generation per Acre 178,85 tripslacre Rti.lCorn. Average Dev. 10,834 s,q.lac. 24.4 264,35o I" RtI.lCom. Trip Generation 40,711 sq" - 10,760 trips or 247% above allocated trips ' Calculations provided by the Institute of Transportation Engineers, 1991. Unrestrained commercial and retail development would exceed its allocated Intensity and, therefore, r would be inconsistent with the Intensity standards of the DDP under this scenario. Table 1 l ; demonstrates that typical commercial development could exceed its allocated trips by 6,396 trips or 247 percent '247°/x). To control growth, a Floor-to-Area ratio could be proposed that'inlits the floor area across he entire property or a portion of it. One way to approve the request is 1:) recommend Pr ~ IMI 11 8. _J W c: i concentra approval of a rezoning for a portion of the ronear the intersection and maintains a low Inteperity that away f m Sherman 5uc11 a rrestrlctbneeoujd be for a 0,5:1 F-A-R for 12.2 acres located adjacent to Sherman and Loop 288. This approach will reduce the strip commercial development that could occur if commercial development was to occur on the entire 24.4 acres. Scenerio 2 tternative Moderate A ^ r The subject property Is wholly contained within the 9). A buNe and w Proposed Moderate Activity Cent center Is N ould be recommended as In the previous scenerio, d e ro (see recommended to ensure that any proposed commercial activity Is compatible and nonintruslve with future pment In accordance with Section 21, concerning Iona density ne' Again, the a hbo applicant's proposed list of prohibited uses within the th~ sing zoning dIslon. would be appropriate (see Enclosure 5). proposed Commercial zoning district 1 The proposed development would be somewhat consistent with the DDP's Intensity standards. The following table demonstrates the potential vehicle trips for an average commercial and retail development: Table 2, Vehicle Trip Generation for Proposed Moderate Activity Canter Intensity Area TripGenilratiorl Arxeage Trips Moderate Activity Center 350 (ripstac/day 24A 8,540 tripe RII./Corn. Average Dev, 10.834 s.q.laa. 24A 264,350 sq' Rtl./Corn. Trip Generation 40 711.000 s4" , 10,760 trlpa or 128% above allocated trips Calculations provided by the Institute of Transportation Engineers, 1991, y Unrestrained commercial and retail development could exceed Its allocated intensity. Table 2 demonstrates, if 264,350 square feet of building area is constructed the development would exceed its allocated trip Intensity. However, as discussed earlier, existing zoning oooounts for only 55 percent (55%) of the total allocated trips within the Moderate Activity Center. Furthermore, using the "One- Third Rule" calculation for commercial and retail land uuseses within the center, there are 11,696 u scenei In Table 2 would not exceed this threshold. nallocated vehicular trips for commercial and retail land s. The proposed development in the the site would gene ate 836 vehicular trips less than he 1 f~ 596 6v hiiiccula utripsfavailableryunder the area, "One-Third Rule" calculation. In any event, an F-A-R of 0.25:1 would limit the development to approximetely 284,914 square feet of building area and restrain the potrential trip generation from this development to around the number of unallocated trips for such land use. r y, u, r r;' rr r r~ 4. r..rtrs. i C. Rezoning of 4.8 acres from Planned Development 39 (PD 39 zoning district and Sin le- Fam;ly 7 (SP-7) zonlA district to a General Retail (61% zoning district. The 4.8 acrn tract is In a Low Intensity Area as defined by the DDP. Limited nonresidential development within these areas is allowed by the comprehensive plan. These nonresidential nodes should not exceed Ne acres in size and should have access to collectors or larger arterials with no direct access onto residenfiat streets, There are existing General Retell (OR) zoning districts located on three (3) of the four (4) corners of the Stuart Road and Loop 288 Intersection. Combined, their present acreage equals 5.5 acres. The applicant's request would nearly double the nonresidential area at this one )nterseagori loten (10) acres, This Is not consistent with the goals of the 1988 Denton Development Plan. The propose development would be very inconsistent with the DDP's intensity standards. The following table demonstrates the vehicle trips that could be expected with an average retail development: Table 3. Vehicle Trip Generation for Proposed Moderate Activity Center j Intensity Area Trip Generation Acreage Trips Low Intensity Area 80 trosledday 4.8 288 trips I RII.160m. Average Oev. 10,834 s.q.Jac. 4.8 52,003 sq' RT/Corn, Trip Generation 40.71 1,00 ! sq'* 2,117 trips or 734% above allocated trips Calculations provided by the institule of Transportation engineers, 1991. Unrestrained commercial and retail development would exceed its allocated Intensity. Table 3 demonstrates, if 52,003 square feet of building area is constructed the development would far exceed its allocated trip Intensity by 1,829 trips or 734 percent (734%). This request does not appear to be consistent with either the trip Intensity standard or Intent of Low Intensity Areas. 1, Transportation A. Trip generation See the Comprehensive Plan Analysis sections for the hvo tracts. 13. Access The development of the 24.4 acre property would Involve significant transportation improvuin6nts. The Engineering Department has completed some pretiminary analysis, showing that regardless ' R of what type of development occurs on this site there would be two options to provide access to this property. The first would Involve the dedication of a forty-five (45) to fifty (60) foot right-of-way dedication along Loop 288 to provide a frontage road that would run from Stuart Road to Sherman Drive. If this Is not possible, allemative access could be attained by constructing a road from the 10. a south property line down to Hercules Lane. Again, access will be a problem for any form of i development given the site's limited frontage onto existing streets. It Is more likely that commercial, not residential, development would be able to afford such transportation improvements. The 4.8 acre tract located on the northeast comer of Stuart Road and Loop 288 would be allowed limited access onto Stuart Road. No driveways will be permitted onto Loop 288. The proposed Denton Mobility Plan classifies this section of Stuart Road on the north side of Loop 288 as a local street, rather than a collector. (This plan Is scheduled to be approved by City Council on December 17, 1998.) The DDP recommends that nonresidential nodes should not have direct access onto such streets. Furthermore, the City of Denton plans on temninating this intersection at some point In the future, thus reducing the access of this corner property. C. Road Capacity Sherman Drive is classified as a major primary arterial by the proposed Denton Mobility Plan. As an urban divided four (4) lane road, it Is designed to provide a tolerable flow -+f traffic up to 19,100 trips per day. At present, the most recent traffic count on Sherman Drive at Yorkshire Is 6,429 trips per day. A traffic ,*unt on the north side of Sherman at Loop 288 recorded 7,948 trips. Both of these Indicate that there would be adequate capacity to handle the trips generated from the proposed developme, it. Stuart Road Is classified as a local street by the proposed Denton Mobility Plan. Its design capacity is approximately 3,200 trips per day as a two (2) lane read. At present, the most recent trarfc count along this portion of Stuart Road (south side of Loop 2418) is 4,157 trips per day. This Indicates that there may not be adequate capacity to handle the trips generated from the proposed development. D. Pedestrian Lir kages Sidewalks along all public streets are required. Both properties would be required to construct a four (4) foot sidewalk along all public streets. 2. Utilities The 24.4 acre site d(es not have immediate access to existing water and sanitary sewer lines. The nearest water and sower lines are located at the Intersection of Sherman Drive and Hercules Lane. The developer would have to extend the tines prior to a iy development. The 4.8 acre site has access to an existing six Inch (8") sanitary sewer line, running down Stuart Road, but no water line. Tho developer would have to extend a water line prior to any development, 3. D: alnage and Topography New de, )Iopment will be required to design and construct a drainage system to city standards. ! - A preliminary drainage study will be required with the submission of a preliminary plat, The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. Tho developer must Indicate theme" by which the run- off will be carried across the property or shred on the property. 11. r, 4. Signs Any sign(s) will comply with Chapter 33 of the Code of Ordinances, concerning signs. 5. Off-Street Parking New commercial development must provide parking according to the regulations of Section 35-SO I of the Code o' Ordinances. The total number of parking spaces required is a factor of total square footage or number of seats. 6. Landscaping This property will have to comply with the new Lanlscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). ~ L. PROPERV. HI$JO.RY. 1960 - The subject property was annexes' and zoned as an Agricultural (A) zoning district by Ordinance 60-40 which amended the zoning ordinance and map for the City of Denton. January 12, 1982 -Both properties were rezoned from an Agricultural (A) zoning district to their present zoning district and land L se classification by Ordinance 82-08 which amended the zoning ordinance and map for the City of Denton (see Enclosure 2). Neither property Is platted; both would need to be platted prior to any development. P OLIC NOTICE Notice of the zoning request was put lished in the Denton Record-Chron}de on November 1, 1998. Three (3) property owners were not fed of the request on October 16, 1998. As of this writing, there has been one response. It is In favor of the request. City staff did not facilitate any neighborhood meeting concerning this rezoning. RECOMMENDATION Staff recommends the following recommendations; A. Recommend denial to amend the Denton Development Plan's Con:ept Map concerning tho configuration of the Moderate Activity Center located at Sherman Drive and Loop 288. B. 1. If the Commission recommends denial of the first matter, concerning the Moderp:i Activity r, center, then staff recommends approval to rezone no more than 12.2 acres from Planned i ` ` Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district to a Commercial conditioned (C[c]) zoning district as proposed by the applicant with the following i conditions: 12. I I it I a) that a twenty (20) foot wide bufferyard with a six (6) foot tall fence and one (1) canopy tree j and two (2) undersiory trees per every fifteen (15) linear feet be installed along any property line abutting residential development. b) an F-A-R 0.5:1 for 12.2 acres located adjacent to Sherman and loop 288. OR B. 2. If the Commission recommends approval of the first matter, concerning the Moderate Activity center, then staff recommends approval of the request to rezone 24.4 acres from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district to a Commercial conditioned (C(c]) zoning district as proposed by the applicant with the following conditions: a) that a twenty (20) foot wide bufferyard with a six (6) root tall fence and one (1) canopy true and two (2) understory trees per every fifteen (15) linear Poet be installed along any property line abutting residential development. b) an F•A•R of 0.25:1 across the 24.4 acres. C. Recommend denial of the request to rezone 4.8 acres from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district to a General Retail (GR) zoning district. I, i,.1,~ i 1, 3`'~ri..`~~ r 4Yt,y dN];.; •9.e'16 'i"";,,r' E«5IO A. I move to recommend denial of the amendment to the Denton Development Plan's Concept Map concerning the configuration of the Moderate Activity Center located at Sherman Drive and Loop 2 as presented by staff. ! B. 1. 1 move to recommend approval to szone no more than 12,2 acres from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district to a Commercial conditioned (C[c]) zoning district as proposed by the applicant with the following conditions: a) that a twenty (20) foot wide bufferyard with a six (6) foot tail fence and one (1) canopy tree and two (2) understory trees per every fifteen (15) linear feet be Installed along any property line abutting res'dential development. b) an F-A-R 0,5:1 for 12.2 acres located adjacent to Sherman and Loop 288. OR B. 2. 1 move to recommend approval of the request to rezone 24.4 acres from Planned Devell •pment 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district to a Commeroial conditioned (C(c]) zoning district as proposed by the applicant with the following conditions: a) that a twenty (20) foot wide twfferyard with a six (6) foot tall fence and one (1) canopy tree A and two (2) understory trees per every fifteen (15) linear feet be installed alon j any property lice abutting residential development, b) an F-A-R of 0,25:1 across the 24.4 acres. Vii, w Z-98-053 (PD 39 ENCLOSURE 1 NORTH MAM w Ni Looa , t, • ~7 QQ' n•~ t oil 3 mats LOCATION MAP 'irti r t : te: December 2, 1998 Scale: None 14. ENCLOSURE 2 A NORTH Z-98.053 (PD 39) r STUAM U, ETJ ETJ • r I 47 FAA D 39 A _ s pQ~ 39 Ito LoQa ?as I.SEL A _ _ ` r - 6 • ` ` ` _ - GR~ PD 39;s° r y~(R SF-7 I'j~ n+ I'D 791 A ■ ~f~ PD 80 • __VH`ERCI~LEB W _ ,y • i~ 1 a 1. M~ Sri ~C ~ ~ PD 90 ~ i ZONING MAP l MUMMA Agenda Date: December 2, 1998 15. Scale: None { I i 1 C, I i I l+ I I I • I ENCLOSURE 3 NORTH j Z-98-053 (PD 39) I I a r MA', -W I I 4 N sju r n z r. 4 ~q E r I ' 200 FOOT NOTICE MAP 4 i trt G Agenda DateDecember 2,1998 15, Scale, None c ~I ENCLOSURE 4 Y-98-053 (PD 39 Ar a -Ordinance 82-03) 8y-ART LN ETJ Eli • . Q ''~dfiihii'''' • R ' PD 90 q~' Q4 1 • 'D 791 A 4~ PO 90 • - - - - W I PD 90 ORDINANCE 82.03 MAP (CREA710N OF PD 39) i i r• Agenda Date: december 2,1998 17 Scale: None • I I ENCLOSURE 5 The applicant has proposed to remove the following land uses from the proposed Commercial zoning district: _ Educational, Institutional and Special Uses Group Homes Halfway House Home for Care of oilooholic, Narcotic or Psychiatric Patients Utility, Accessoty nd incidental Uses Electrical Substation Electrical Tronsmitisfon Line Gas Transrtission Line and Metering Station Radio and/or Television Microwave Tower Sewage Pumping Station Telephone Line and Exchange Switching or Relay Staton Water Treatment Plant Recreational and Entertainment Uses Amusement, Commercial (Outdoor) Dance Hall or Night Club Fairground or Exhibition Area Rodeo Grounds Sexually Oriented Business 1 Theater Drive-in Transportation Related Uses Airport Lending Field or Heliport Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Railroad Freight Terminal Rallroad Passenger Station Railroad Track or Right-of-way Railroad Team Track = Truck Parking Lot Commercial Parking Lot Commercial Parking Lot or Structure AutomobNA 3eMces Uses Tire Retreading or Capping J' Agricultural Ty eA Uses Animal Clinic, Hospital or Kennel (with ouiside runs or pens) Z.W 053 Q staff rteix t dm i 18. I ci I Fann or Ranch Hatchery, Poultry Commercial Ty Uses Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Contractors Shop Storage Yard ,I i i 2 90 0. J VY Staff Roportdx c 19, ENCLOSURE 6 21• developing perimeter perking should be A explored, d. Diversity and High Density Residential. Land use diversity, including high-density housing, should be encouraged but new low density housing should be discouraged. This housing will provide a transition to lower intensity adjacent areas but also provide transportation balance and energy conservation by having housing in close proximity to jobs and services. e. Low Density Neighborhood Protection Low density residential areas on the fringe of these major activity centers should be protected by such measures as intensity gradation, atrict site design requirements, transportation planning and implementation, land use balance and landscaping. Further, traffic planning should ensure that no local residential street are utilized for general circulation to the centers, Development of neighborhood associations and councils are encouraged to further ensure neighborhood protection. r 2. Moderate Activity Centers I a. Purpose and Intent i The purpose of identifying moderate ~lf~ t t 0326k a 20. ' activity centers parallels many of the 22. purposes discussed earlier for mayor centers, including balanced city wide growth. Planning infrastructure -for" the limited size of these centers helps ensure balanced development in tiia City. b. Location and Size Moderate activity center6 are located at the intersection of two primary arterials and at strategic locations abutting a freeway and are spaced approximately a f mile apart. The general ,locations of moderate centers are shown on map on page 16. These centers are a maximum of, 60 acres in size. other centers may be larger or smaller or located less than a mile apart as neceneary for specific planning reasons, c. Intensity Standard The intensity standard for moderate activity centers is 350 vehicle trips per day per gross acre (t/d/ac). a 60 acre moderate center for example will have a I total of (60 ac X '350 t/d/ac) 21,000 intensity standard. d. Diversity Land use diversity will be encouraged in moderate centers to promote the followings 0326k 21. A sense of "my part of town" (the 23. village center concept) Intensity on land use gradation' Transportation/land use haianco' (renuction of cross-town traffic) Location of jobs and housing in close proximity Land use diversity shall be defined as uses other than the dominant land uses in the area such as commercial, retail, light,' industrial, and office. 1) Bonus The diversity policy of the Plan allows for intensity bonuses for mixed land use developments that include public or nonprofit community type service facilities or uses, such as churches, schools, libraries, fire stations, police stations, parks, open spaces, or governmental offices. To meet the requirements for a bonus, land for the community facility or use must be within the 60 acre desig..ated area of a moderate activity center and cannot abut the outer boundary of the center. A developer may qualify for a bonus by j ~ 1 0326k 22. c. i 24, putting a community type facility or designating a land uss for a community jl facility at or close to the major intersection of the moderate node.' The formula.for calculating intensity bonuses shall be as follows: Number of acresI x 3502 plus Number of acreal x 603 1 ■ Number of acres designed for governmental offices or community services and facilities 2 - Intensity factor for moderate center 3 - Intensity factor for low intensity area The intensity bonus can be used to JJ extend the boundaries of the moderate 1 center. For example, a 5 acre park shall earn a bonus of 21056 intensity ! tripe (5 x 350 + 5 x 60). If this is used to develop multi-family housing at 25 units per acre it will expand the center by (2,056/2004) 10.25 acres. 4 Units/acre multiplied by number of tripe generated by land use, e.g., multi-family generates 8 trips per unit. f 0326k 23. i c i The developer providing the community ' 25. facility is the individual who receives the bonus and the bonus may be an increase in land. . or- in.. the intensity allowed for the developer's land. 2) Commercial/Retail Limits in order to 'encourage diversity in the moderate centers, commercial/retail land uses shall be limited to 1/3 of the total acreage of the center. - For {I example, a 60 acre moderate center can accommodate a maximum of 20 acres of commercial/retail land use. In addition, the 1/3 rule shall not apply to a moderate node that has been expanded by a bonus, therefore all intensity gained from the bonus may be designated for commercial/retail uses. Commercial/retail land uses shall be encouraged in not more than three corners of an intersection that incorporates a moderate center, e. High-Density Housing The Plan encourages high-density housing, including manufactured housing, in the moderate centers under the following conditions: .10 1) Transi':ion between land uses j, r' 0326k t 2/. 1 A 2) Diversity (see above) 26. 3) At least one access by a primary or secondary arterial with no_ direct access on a residential street { 4) Limit concentration in moderate node to 750 units separated by 1/2 mile from another concentration 5) Good site design standards to protect adjacent single family areas, such as utilizing large setbacks, landscaped front yards, screening and fences, f, Low Density Neighborhood Housing Protection Low density residential areas should be protected by strict site design control with setbacks, parking, buffering, and landscaping requirements. Further, traffic planning should ensure that no 1 local residential streets are utilized for general circulation to the high or moderate intensity developments. g, Strip Commercial It is the intent of the plan to encourage ' centers of activities and to discourage , strip commercial development. This will be accomplished byj 1) Limiting curb cuts A~ c, / I le 0326k 25. 2) Requiring site plan review (i.e., 27. parking, setbacks, etc.) i 3) Encouraging diversity on major° arterials (commercial nodes broken up. by high density housing, offices, etc.) 4) Discouraging unsightly and hazardols strip commercial by requiring sign restrictions, buffering by greenbelts and/or landscaping 5) Limiting amounts of commercial/retail land use in moderate and low intensity areas. 3. Low Intensity areas a. Purpose and Intent All areas not designated high or moderate intensity areas are co:sidered low intensity areas. Th3 primary purpose of these areas is to ensure the overall land use/transportation balance by controlling the overall density and intensity. Further, these areas represent primary housing areas in the City of Denton. Thus, these areas' should emphasize residential use instead of a mixture of residential and nonresidential, b. Location i The general location of these areas is t'~t shown on the map on page 16. 0326k 26. t I r I ENCLOSURE 7 TABLE OF CONSENTS Pala 1.0 INTRODUCTION 1 2-0 INTENSITY MEA BOUNDARIES 1 2.1 Soucdar/ Variable 2 2.2 Guidelines for Dravias boundaries is Specific Areas 2 3.0 A STANDARD MITHODOL 0Y FOR INSINSITI CALCUTATIONS 3.1 Trip Generation , .3 3.2 Intensity Allocation 4 3.3 Calculating the Iatensity Status of a Lov Intensity Area 6 3.4 Caleulatics the lntensity. Statue of a Nodarate Activity center 7 3.41 The One Third Rule Calculation 9 3.42 Intensity /onus Calculation •10 I 4.0 PAPS, SOUNDAIY DIsCRIPSIm, AND G02DILTNIs 11 f !1 i i ~If a 27. . i APPENDIX A TO THE i 1. DENMN DVUOPNEN'I PLN ' 1.0 INTIODUCTION the intensity policies IQ the Denton Devlin cant Plan (the Plan) provide a city -bide framework for aaalye ag eve opaente, The Pam cells for Appendix A to provide the specific boundaries at intensity study areas and a standard methodology for the analysis of development. Chapter V Section A. 3.b of the plan statest "Appendix A to the Denton Development Plea will incorporate a standard methodology for intensity analysis and the boundaries of the intensity areae. This appaodix is to be developed by a committee comprised of representatives of the five plitalag i areas, the Planning and Zoning Commission, and the Land Use Planning Committee. Appendix A will be approved and updated by the Planalag and Zoning commission and the city council in accordance with the update procedures set out in th1 Denton Development Plan. The Executive Director for Planning and Development, stall be rosponsibit for preparing and updating the intensity calculations for inch of the moderate and low intensity areas to accordance. Vitt the standard methodology and boundaries contaiaai in Appendix A." Intensity describes the level of activity generated by a particular development, The Plan tills for Intensity to be measured by the average number of ve icla tripe per day per mere (tld/ac). For example, one acre of commeeeial/retall development generates an average of 650 trips per day per more compared to 103 trips per d per acre for ILIbt industrial uses. Intensity analyse, an calculations only apply to the low intensity arose and the moderate ' activity centers, According to the M1, there to no limit to the number of trtpe to be generated by dewlopmouts to the major activity centered 2.0 Ir ustry ARIA IODNDWIS 2,1 Douadary Variables In delineating the specific boundaries of the intensity areas coosideratloo has boas given to the following variableu I E 09620 k ~ir` h 28. L t . f a. pkyeicai fratureat Crake, thoroughfaces and railroads provide j 2. physical boundaries which aro distinct and east to idoottty. b. EuvLrosaootal festurest in order to protect natural resources i special conaideratioa has base given to floodplatm areas &64 sites with Slopes and treas. C4 Land use and &041461 As tar as it is practical, intensity, area botaidW as have been dt4" so as to Inclvda atistip land us(e (built) and turmt soulig (vacsst land that is toed) in the Corr -ondteg intensity areas haled on the guidelines given In the ".WA Development plan. d. Location and Shape of tracts Certain tracts of land, bccause of their shape and location Is relatton to railroads and thoroughfares and/or sxistiPg act-resideatiaL development, should best be used tot comnimLallrstail or li$bt industrial type developments. Whenever these sites exist abutting a moderate activity center, the boundaries have been drown to include these tracts at tar as it is practical to do so considering all the other variables# a. Land u2s compatibilitys In reviewing existing lead use acd cutrent social for future development, an attempt has been made to tot grate lead uses which or. compatible and to upstate those uses which are tacomp&'tibla. t. Size of Intensity areas According to the guidalinas given in the Denton Development plan, moderate activity canters should be about 60 acres in site and located about one mile apart at the intersection of primary arterials. Law intensity areas on the other hand abouid be about 640 acres or one square mile in sirs, 2.2 Culdeliaas for Driving Boundaries in Specific A1es6 Moderate activity canters Mich are built ej within the City are much larger tW those which have beam designated in the vacant areas. to cases where moderate activity canters are located at the intersection of a proposal arterial wbose exact right-of-vay widths and location vote not fixed, it nos difficult to identity a precise boundary. In these circumstances Appondix A provides guidelines (see section 4.0) vhieh are to simplify and guide a sera precise re-datialtion of boundaries at some time it Nee future whom those centers are considered tot development. The precise dsliasitiom of j those boundaries rill result in corresponding chAWS to the boundaries in adjacent low intensity areas, f~ I 09620 v 29. t~ f 3. 3.0 A STANDARD METHODOLOGY FOR INTENSITY CALCULATIONS. 3.1 Trip 0e11614tion . Tatanet,ty to nessured by, the number of -vehicle trips -that -are attracted or geaerated by a particular davelopeeot is hips pig day per-acre. (t/d/ae). The average trip seaeration rates by land are category given in Table I have been adopted after reviewing trip generation ratio published by Lhe Institute of Transportation Lagiasers (ITC), the Arizona Department of Transportation sad local/ragional data. , Since the %vetage trip =eoaretien rates are used to wrests the intensity of land uses in a particular area, average trip rates ars UfIrnd to all 'intensity tripe' and the area is called an 'intensity area'. The standard sethodelogy for intenatty calculation kaapa tra:k of the trips generatad by asiating develope/ate and potential future davelopeents in the vatic" intensity areal. The flat designated three types of inteaalty alas with •W WO Intensity allocations in trips par day per acre. Lov intensity areas are allocated 60 t/d/ac. Moderate activity canters are allocated 350 t/d/sae The major activity centers have ao limits on the number of tripe generated by land we develepsoate. Accordingly, an analysis of intensity for a davel"at is a "Jot activity center is not done. TABLE IM TR1p GENERATION RAW BY LAND USE CATEGORY ' I Land Use 1 Trip Ceneration Average Level Average' Catesoev factor ar unit of Ds elo t Trice/Acts Single 1"11 11-1 10 Trios • 2.0 alts ad 20 . Sin le rams SF- Trios 265 u to a6 ' sin a am n b l 30 la le ► R H30 1 Rise Mobile Hoses I Tripe, uni la IT'Triod uni to /At ti- amt to ut- a n is Institutional Tri - • - • adus t t k e t Cosa Cc 14,1114944 Yorks . I 09626 r e 30. i, u I i 7,7 Intensity A1locattan q, The poltat S and Snidollass for Intensity allocatton are alias In station 5.4, Chapter 1 of the D4aton Davoloptteat F140. Chart 11 b4low provides a•atop by stop process for lattulty 4110eatton when dtaltas Is an appiteation for soolos cheap, A .hypohettgal aonioS ChanSa proposal is used hate to dtsoaatate eseh Stop is the protM, Chart 01 . DNCtatON WINC.CNANI FOR INTINat Tt MLOCAISON 1 squat lee sears ehanh 11 li1d~ 1 Detentes IL Itr I tatsodtl to aoritat,tl Ihare st t0 ueua is oe)!I other htaostty to eseueef. ~euetoo N t11 Flat, i m a Data mad if this ° Chock tutus. to a tats out lot eulor "hethat a atstrepettf,t- t1 tetlnllel etailanl is ehers has has tee taaltetatistl a0 dle°u°!, Its t CSstltl isurourl Ito b,taarl sr tateatlif otusarl. I coltulsts the total letet I I trl 1 NI tua<e fat i►~ e ; ; °r;:tii ° ;i .Ilia ra;~ coltola.l Of 4LSt/setileuta thats nt°I 04 kt the tt°IOM1 Tet 10 Could I MU teellitfes a V rastneture ytfdd~ ` ° c t lrwat tt It tlleesd. beaus to allatatl 1 1ulte- ertlesau shah. the ra.lsr Iteaaae aaaelser of a et°h rsh hl tN Pietist °u l l , tees cartuia od naletws4lla b tuN Ce6tn$do to the A, ~ t... 99870 cut Vufall to rod the M1. e ( J: 71. L G i ih I Stop 1, An applicatioa is filed requestiaS a social change from , +a Agriculture (A) classification to Coastal Retail (01) for ♦ 3 acre tract. Step 1. Check if a proportionate share of intensity is exceeded. In this case, the proportionate share to equal- to " 180 trips, i.e. (60 x 33. The toning change requires 1,950 trips (630 x 3). Step 30 Since the proportionate share is exceeded, tats stop is not applicable. Step As Check intensity status, This step involves the alculaV oa of intensity for ezistinl land uses sad cur eat zoning for an inteasity area incorporating the zoning choose. In this cssa, the (Be: udy area status calculation is given In Table it e pale 6) and the status is described on page 7. The calculations show that intensity is available with 6a% of the lotensity trips currently allocated and 9,931 trips potentially available for allocation, Step 3, Not applicable in this case, Stop 6, Not applicable in this cue. Case 1. The calculations show that 9,931 trips not currently allocated, Refer to (e) on pose 7. Step 8. (3 x 65U) - (3 x 60) a 1,7)0 tripe. Step 9. Review (a) Utility infrastructures to ensure adequacy to serve proposed usse. (b) Topographic and eaviroameatal features such as flond plains, drainage, trams and eloper, (c) Lend use compatibility with respect to existing developmeuts add potential future developments based on cutreat coning, (d) Other applicable polities in the Pisa, In this case, the separation policy requires a half silo between neighborhood services or comserciai/retail codes in low intensity areas. The location policy also require that comaareial/retail nodes of 3 acres to have direct access to a primary or secondary arterial. Step 10. If the enslyets, based on the criteria lived to Step 9, is positive, the coning could be approved. 09620 32. t F ~ I' E E 6 3.3 Calculating the Intensity Status of a Low Tatrasity Area . b . The intensity trips for existing lead uses (developed) and Current zoning (vacant land that is gonad) by land use Catagerioa listed to Table II are used as as eras le to demonstrate the standard methodology, The ousbers are rounded for easy Calculatioo, ' TABLE III INTENSITY TRIPS POR EMOTING LAND USES ANI CURRENT ZONING EY LAND USE CATEGORIES i "IS? NO LAND USE CURRENT ZONING PLANNED DEVELOPYENI ty SAND USE Units Acres Ioteaa}ty Atop intensity hero$ Units Ioteasl CATEGORY (A) (a) (o) (D) (E) _ (r) (G) (H) SP-16 +2 3 3.01 30 0 0 0 0 0 SP-10 163 117 239,70 1,270 66.13 2,047.5 0 0 0 Sr-7 104 0 0 0 0 0 0 0 0 Less. SP-75 0 0 0 0 0 0 0 0 Mob.Homea 0 0 0 0 0 0 0 0 Duplex 0 0 0 2.75 120 0 0 0 MP-R 0 0 0 • 0 0 0 0 0 M7-162 30 2.23 140 17.74 3,545 0 0 0 . Coo/Rot 0 0 0 0 0 0 0 0 office 0 0 0 0 0 0 0 0, 4 Industry 0 0 0 0 0 0 O 0 Ef Ioati'aal 0 7,97 671.43 0 0 0 0 0 Parks 0 0 0 0 0 0 0 0 R1o/Spaced. 0 3.76 0 0 0 0 0 0 . Transport 0 34.36 0 0 0 0 0 0 Attic,? 0 0 0 120.80 0 0 0 0 Vacant 0 209.54 0 0 0 0 0 0 TOTAL 760 510.59 6.117 209.54 3.616 0 0 0 1, Columns (C), (E), and (H) have been computed using the average trip sanitation rates by land use Cate ones 6ivan to fable i, 2. Single family with lot oleo 16,000 sqa ft. and lariat. 3, Single family with lot state between 10,000 and 16,000 eq. tea 40 Still$ family with lot sties between 7,000 and 10,000 at$ ft, 3. Single family with lot site lose than 7,000 eq, ft. 6. Restrieted opal space. Includes ist$a saeeeents and flood plains. It Intensity tripe for agriculture and vacant Sands is colusd D are allocated to the intmatty calculationas See item (d) on page 1. 0962o 33. u r She foll0vial procedure it used to calculate the intensity states, for a lev intensity at". leferened is .ado to Tehle it abort With columns numbered (A) through (H). (a) Calculate the intensity are total trips Total for column (1) 520,S9 r 60 , , . „ , , , . 31;233 " (b) Calculate the trips allocated to anlatial land uaeY (aweloped) Total for column CI , , , , as , . ♦ , 80117 I4 (0) Calculate the trips allocated to current tonial (vaCaat lends that are Booed) Total for eolumas (t) and (H) , , . , , a . . , , „ . 5,616 (d) Calculate the trips allocated to vaeaat lends not Booed plus agriculture soolnl. Add agrieultute and vacant estesoriaa in c o l u ma (D) 2 6 0 • (12 0 , 8 a 60) , , , , O s g o o d , 7,146 (a) tstimate the tripe dot allocated (a) - 1(b) + (a) + (d)) 31235 - (4217 + 3616 + 2248), , . , , a , , , 9,954 (f) tatimau the parcentsga of tripe allocated • (b) 4 (a) + COO&) 2 100• 6112 4 $616 4 2346 31233 2 100.. . . . . , , , , a . 66 3.4 Caleulatiag the Inte011ty status of a moderate Activity Center The iotaadty auAaro for ealoting lead ate (davsleped) amd curriat social (vacant land that is soaad) by lead use categories listed is Tahle III eta used as an staple to demonstrate the standard mothodoioly fat cale"ias the intensity status of a aodsrata activity center, lefarince is made to columns nemheted A through 8 and numbers ate rounded for stay ealcolatioo, 09610 ' r i ~ f. I u TAILS I1Ii INTENSITY SLIPS FOIL LRISTINO LAND USES 8. ' CURRENT LONINO" LAND US= CATCOORItS RXISTLHO LAMA USt C&NM t I I PLANNID.DtYtLOP LAND USt ~i Atria iatanrity Aeres latefiaLty Seen Usita Iatesa CATEGORY (A) (6) (CI (D) (R)1 (P) (0) (H) SF-16+2 0 0 0 0 0 0 0 0 51-10 163 0 0 0 0 0 0 0 0 II Sr-7 104 0 0 0 0 0 0 0 0 Laos ST-73 0 0 0 0 0 0 0 0 Nob,Homee 0 0 0 0 0 0 0 0 Duple: 0 0 0 0 0 0 0 0 MM 0 0 0 0 0 0 0 0 19-141 96 S 764 6 1,200 0 0 0 Con/Rat 0 6 5,200 10 60300 0 0 0 Office 0 3.5 1,275 0 0 0 0 0 Industry 0 4 420 12 11260 0 0 0 Insti'aal 0 0 0 0 0 0 0 0 Parks 0 6 Leo 0 0 0 0 O R/0/Sp6ee6 0 0 0 0 0 0 0 0 Transport 0 312 0 0 0 0 0 0 Agric.7 0 0 0 266 O 0 0 0 Vacant 0 30.6 0 0 0 0 0 0 TOTAL 96 60,3 7.609 30.6 6,960 0 O 0 1. Columns (C), (t), and (H) have bu,a computed wing the avsra66 trip taaoration rates by Lad use oatagaritt gives In Table I. 2, single family with lot tine 16,000 sq. ft. sad latest. 3. Slagle family with lot tires betweas 10 000 "d 16 000 oq. ft, 4. Stolle featly with let sixes between 7,66 and 10,600 sq, ft. S, Sing16 family with let site 1610 than 7,000 d j- ft, 6, Restricted epe6 IWO, , 164104e6 6416aeat6 sad flood plaint. 7. Intensity trips fat agrtaulture sad vacant iasd0 in eoluam D ota allocated is the tots"ity cal:ulatiens. 666 item (d) 06 page 9. 09620 fIr'~ G 35. C, u i~ g, The following procedure is used to Calculate the intensity statue of a moderate activity caster. ' (a) Calculate the Intensity area trips: Total for column (6) 60.5 2 3S0. • • . • . . . 21,173 (b) Calculate the trips allocated to existing land uses (developed) Total for column (o. . • • . • • • . . • , . . . . • • 7,609 (C) Calculate the trips allocated to current losing (vacant load that is eased) Total for columns (9) and (H) (81960) + (0). . . . . . • . . . • . . • . , • . . • 6,960 (d) Calculate the trips allocated to vacant lands sot cooed plus agricultiral toning Agrie. + vector categorise given in column (D), . . 980 (e) Estimate the tripe not allocated • (a) - ((b) + (c) + (d)) 21,175 - (1.609) + (8,960) + (960). . . . 3,424 (f) totcaotege of intensity trips allocated (b) + (c) + (d) / (a) 2 100 (1,609) + (8,960) + (960)/21,175 2100, a4 3.41 The One-Third Rule Calculatioa. The Ona-Tbird Rule allows a moderate activity center to accommodate 00mmercfai/ratall land uses in so sna not to deemed ono third the total area of the caster. The following procedure is used to determine the status of cowarcial/retail land uses as these relate to the oat-third rule, Weroace Is made to Table 111 with columns numbered (A) through (H). k rem Trips (a) Calculate the 113 rule allocations (2 630) • total site in column b)/3 (60.3/3). . . . . . . . . . .20.17 13,110 I (b) Calculate existinagg lead use (developed) allooatiaas ■ CoURetail Is Column (6) . . . . . . 6.0 3,200 (e) Calculate the current soaiag alloestioas Total for Ca/Retail Is Columns (D) + (f) (10 + 0). . . • . . . . . . . . . . . . . . . . . 10.i 60300 " (d) calculate the total allocations (b) + (C) (8 + 10)• , . , . • . . . . . . . . . . . . . . . . 16.0 110700 (e) Estimate the statue of Coe/Rttaii Gad uses (a) - (d) (20,11 - 10) . . . . . . . . . . . . . . . . . . . 2.17 10410 i 09620 ~ f ~r \ . 36, R 3.42 Iateselty Bonus Calculation, , The Deato Davao eat Plat provides for an lntsesity bonus In ordat to seeoursga the varsity of land uses In mod+nts activity aanrers. The plea , lists coanunity facllitle• including school, , fin and pollee station path, open apses a24 other library governmental offices as typical lead uses that may be considered to , granting the bonus, The following prxedure is used to datsraina the intensity bonus. Rsfsrsees Is made to Table III with columns numbered (A)-(N). (a) Calculate the total acreage to be considered for as lateesity bonus, La,, Community facilities + Parks + open speed, 6 (b) Calculate the tripe allocated to (a) !n the moderate activity enter, i.e., 6 X 350. 2,100 (e) Calculate the tripe to be allocated It (s) is it a low Intensity area, i.s „ 6 x 60, 340 (d) Calculate the total Intensity bonus (b) + (c). 1,460 According to the plan, the idtstmity bonus eas be used to wood the boundaries of soderete activity canters. Is order to de this, the total Intensity bonus is converted to lead use acres using the trip generation ratio to Tabia I (see pa a 3). Thus, to the ample above the lntaasity bones of 1,460 trips can be converted as follower 3 pens of Offices at 350 t141se 1,050 1 acres of Coastal Retail at 650 t/d/ac • 1,300 E .1 sere of Multi-fsmilr at 100 t/d//ao 100 1.410_ TOTAL 3.5 ae rea Mood am these calculatioae, the taderstd activity canter can be satamied by 5.5 acres to include 3 acres of Offices, 2 acres of Oeseral 10441 sad 0.5 seta of Mutt!-fully, The Land uses granted for the purposes of so intensity bonus should cosply with all other policies Is the too Development plan, 1 4,0 MAPS, SOMART DgSCunioMS AND cumm.INSs The following maps show the specific boundaries of each intansity'stes cootaloed it the Cresret Denton Planning Ares. The Sow Intensity areas and the major activity canters are shows at scale 1 inch • 1000 It, while the moderate Activity centers are reptesested at scale 1 Inch ■ 1000 It, j A#' 09610 ~ ~ ~ f 37. ENCLOSURE 8 iNTINfITT ARIA • 30 sill 99.56 AIDS 98 lovNDAe T T Dts0i1PTION _ taste boundaries of PD 90 in the northeast corner Of this intersection and a line separating tracts P and 0 of PD 90 in the southeast corner Nests The city limits line in the northeast corner of .this intersection and a line incorporating approximatily 10 acres in the southwest corner North, Stuart Road at Sherman and the north boundary line in PD 90 Southr South boundary line in PD 90 01 ST ART ROAD / i 1f.1f ACS. / . m rti LOOP tae ' 4 9 23.80 ACS. 1y.;o A MOO A09, +~sraan `3 HAM A A a 84VA44 I 0 800 logo Deffralm-pa Lyme 98. ~ . u i LAND USE MANAGEY.ENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY or DENTON _ 1 intensity area #s 30 Type; Moderate Intensity Trips/ao 350 Traffic survey zoness 6d35A 6636A 6546A 6e49A Boundary descriptions Northo Stuart Rd.at Sherman and n, line in PO 90 Souths South boundary line in PD 90 Dates 11/21/89 East$ PD 90 anQ a line sepsr. trap s FAO of PD 90 Wssts city limit* lint end a lino noorp. 10 acres LAND USE EXISTING LAND USE CURRENT BONING PLANNED DEVELOPMENTS CATEGORIC UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT _ SP-16•< 0 O .0- 0 •0 0• 0• 0 SF-10>16 0 0 0 0 0 0 0 0 SF-7>10 0 0 0 1.007 42.294 3 12 120 LESS SF-7 0 0 0 0 0 18489 105 1050 MOB.HOMES O 0 0 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 38.5 333 2664 HF-142 0 O 0 A 6451 106 664 COM/RET 0 0 2.15 .1400. 13. 2 0 6515 OFFICE 0 0 0 U 4.2 0 1470 INDUSTRY 0 0 0 0 0 0 0 0 INSTIONAL 0 0 0 0 0 0 0 0 R10/SPACE 0 0 0 0 O 0 0 0 TRANSPORT O 7496 0 ,,11.3 0 0 0 0 AGRIC. 0 0 0 5,63 0 0 0 0 VACANT 0 _.91 601-._.__._D _ 0 O o O o _TOTAL --_--.____0 996561 0 27.091 1s442 64.5 556 14683 INTENSITY CALCULATIONS III Intensity area totai.tripp■ •-99.561 times 350 34846 2 Trips allocated to existlnq land uses (built) 0 3 Trips allocated to current zoning inol. P Do (not built) 16125 4 Trips allocated to Vacant lands not zoned plus Agqric. zonin 3021 5 Estimated unallocated intensity trips 1)minus(2)+(3)(1) 1570 6 Percentage of intensity trips allocated 55 ONE THIRD RULE CALCULATIONS .r.. Aor»~19 Trip15a2 1 Allocations for com\retaildevelopment . - 2 Existing com\retail land uses (built) 1502.5 29226 3 current zoning for com\retail land uses 4 Total Trips\acre■ allocated (2) + (3) 1542 7 9ggg 6g 5 Unallocated trips\acres 17.92 1166 Jim a, , I t ~If\ n / I 39. } n i. ENCLOSURE 9 r NORTH Z•98.053 (PD 39) r g M i p _ - " - - - - I ~ fir. PROPOSED M.A.C. _/w 18 \ ~ II w _ Y. w I I ' A DDP -MODERATE ACTIVITY CENTER MAP (Sherman Drive and Loop 288) PROPOSED MODERATE ACTIVITY CENTER A { Agenda Date: December 2,1998 ~O aScale: None ENCLOSURE 10 NORTH Z-98.053 (PQ 39) I i EXISTING M.A.C. L - r r r r r r r r r "low PD3 r r r it .c. 'i~`r' i:a' I ` ~rrrrr I rl ♦ I - NERCYUS LANE r ♦ ♦ \ ` ~ DDP -MODERATE ACTIVITY CENTER MAP (Sherman Drive and Loop 288) EXISTING MQDERA E ACTIVITY CENTER R+ c Agenda Date; December 2, 1098 Scats: Nona 41. C t f I i I ENCLOSURE 11 A 2.98-05 PD 39) NORTH r• EXISTING M.A.C. w ti r PROPOSED M.A.C. rr i 'took Or w ~ r A 1 \ DDP -MODERATE ACTIVITY CENTER MAP (Sherman Drive and Loop 288) COMPA8ISON-OF MODERATE ACTIVITY CENTERS Agenda Dale: December 2, 098 9cde: None 42. 4 . t t l ENCLOSURE 12 , { 1988 Denton Development Plan Analysts The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intenilty Area, j These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small oommerr.(aVrelall centers spaced at about % mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be inconsistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the applicable 1988 Denton Development Plan policies; Denton Development Plan Policy Analysis Summary Low Intensity Are Development Ratng vs. Policy POLICY COMMENTS Irst d Inc somewhat onsistent Consistent Intent These areas represent primary no proposal Is for nonresidential coning housing areas within the oty. In an elating nelghtxxfvpd center Nat Is 5.5 acres to area. x Intensity. To be conSstent with the The request would resut In a Pram, a development should not exceed ft development that would exceed Its allocated intensity. allowed Intensity. Mowed Interolty , 788 trl Wace Allocated Intent, ^ 57,03 tripshlte x site Pion Control. sm Propertyr There Is no site plan conbd for General development conic o within t,soo feel to Retail (GK) sand property. There ere no existing low density residential areas, adjacent, e>Asa p nely tnrtaods x Traffic Deslgn, Access should be This site woW not have aces onto provided to ensure that mr,Ad-famty or done a Wader a Metal road, non-resldenbat uses have acs to cortdors or larger arterials with no dtrod access Iluough residenbal 01"Ibs. x j Open Space. surl green apace, This proposal has no open space. recreational facilities and diversity of parks ere provlded, x Public Participation, Input Into The appro A held a netghborfatd planning by nel liborhood associations and meeting August 13,199!, pnar to ceundls Is encouraged. subrnitbng a rezoning application. staff 4 has not facilitated a meetkg w.th art surrounding property ownem x Land Use Diversity. Isrm-resldenoal and This request woutd kwease the total ores mold fatO,, development Is encouraged to of novesidential development at this a anted degree. WA to ten (10) aces, wh6 it 4.5 acres above the reconrrrnended Gmlb x Manufactured Houslog. ThIs Rent of Not Applicable, r r singledarnh housing may be cortnpatible wth developments In the low Intensity A' t areas subject to conditions, Strip Comm erclat. Any tome of This request would a tress the akelltood tentimmm strip cmrr*rdal is strongly co suds deK4ment on thrs corner, discouraged in/or new low Intensity areas. X 43, t t 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Developniont Plan in evaluating the consistency of proposed development with the long range vision for the city. Stall finds the proposed development to be somewhat consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Polity Analysis Summary Development Rating vs. Policy CATAGORY POLICY InoDnslstent conostent Transportation. Compliments Denton's Long-Range Thoroughfare Nan, x Promotes Awe" Management Practices x Optimizes operations fa emery" service providers and ottw,r public service problem Promotes publk transportation system, x Contributes to the Denton Tralls network Stormwater Drainage. Protects IDO-year Nodplain areas In accordance wth Dentonl waterM manartment plans Conromn to local subd Asion regulations. x Contributes to regional detention radtites. PrcOdes nor natural riparian environment along tt eddain. Upgrades efdsting krbstardard drainage "am is Me end redevetowent oavr. I Wit. .nd Develops end maintains property end private Wastewater. Inhadnxture, x Creates opportuNty fa pverslzlrq water and westrwater lines to meet future development demards x Provides review of proposed water and wastewater Wraft Lure to ensure pudic sarety and heaRh. x Promotes InAtl Improvements over new Me extendons. x Electric. pro,/des underground electric serAce for new re identlel and norvesldential developmenE x Solid Waste. Promdes eMdord access to all developnrerrt for solid waste seMce delivery. x i Parks and Recreation, locates parks and recreation facilities In aawdince with the Parks and Reveabon Strategic flan. Enhances parks and recreation opportunities for restdcnts. Preserves roodplaln for parks end open space to aid in fleodplaln conservatm effort Avows combining of parks with ottxr pubbc facilities to z r achieve cost-effective delivery of public services. d, Residential development stwutd deflate land or fees In keu of land fa nelghbort%W parks. 44. L) i 719930onton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Radng vs. Poky CATAGORY POLICY lrhoaglsterht kv cwe caI~stmt Environmental Quality. Pre pvwvatlon of nd" resourcm x Integrates wmronmenw Mtection with eooWk growth end cnn mu* development x Nalphberheeda. RaU eo xass to R&k vO community fadlltles far x Encourages a mixture of lend uses OM bens t residents. x protects and preserves existing neigthborhoods Promotes bkyde and peje*w traft WW and between nelghDoiiroodi to reAah vtwdar taps. x Housing. Provides a range of housng types tlhat appeal to dlthrtrg emnomk Nhd khd"A Yfastska Offerf a variety of flrgle-TeMly lot aces, biking rises, end pft ranges. Preserves exlorg housing, kududrg sffordeNe housing. t weam W11 housing Wnstr ft& Ecenamle Contributes to a strong and dvarsihed byt emnomy by Dlverslfkatlon, bweaekg ernOayment end expanding the tax belt, x provide Oowrnmant Enm urges lntagavemme Nat OoorAnatlan to costttTMlve pulyk fenAoes, x Urban Doslgn. Addresses mmmuney appearance In a oompre wvM MOM Ihl "fes ndhhKW appearence of bhAh & 4wn*nt. x Neighbofiood I M deveopment shook be mmoodue with existing lend usd and butdrga Proteds and preserves Denton4 arddhdunl, oAbrral and historical resources, enhances the appearance stag meta entrencevrays x promotes the preaervaton of bees end WOKIping, x Ulm volvamant PravAdcs an opportunhy for public o*lon dukg the glaring proofs, x I r R n ~ r„ F 45. r I 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows 14A acres of this area to be within a Low Intensity Area, 9no change is made to the boundary of the adWcent Moderate Actiygy Center. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small oommerelaVretail centers spaced at about '/a mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip ~i generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity, Staff finds the proposed development to be Inconsistent with both the policies and trip intensity standards of the 1988 DDP. The table below provides a summary of the applicable 1988 Denton Development Plan policies; Denton Development Plan Policy Analysis Summary Low Intensity Are Development Rating vs. Policy POLICY COMMENTSt I het toralstent Intent. These areas (L.t A.) represent The site Indudei 14,1 acre within the primary housing areas within the City. L.I.A. with no access to a mlledor or in arterial road. This Is roughly 3 times the recortmended size of nonreAentlai deveiopwnt in three areas. X Intensity. To be consistent wt'h Ge The request would rmk in a Pan, a development should not exx;d tb develoyment that would exceed b allocated Intensity. allowed Interoly. Allowed Intensity • a64 tripyaoa Allocated Inleinsty . 0,350 trips/site x Sits Plan Control. Strict property There la no site pan cotoi ror Generat development control within 1,600 feet of Retail (GA) zoned property. The edsbng low density residenUah areas. suggested bufferyard "ides limited control over site panning, x Trafnc Design. Access should be This portion of the site dues not have pmAded to ensure that mulb4amily or socess orno either a collector or arterial non reslden0i uses have aaess to road. Any development on this property ce ttors or larger arterals with no drect would have to provide slollcant 1 aaess thrrxugh resldenbal streets, transportation hpvvemenb that would Avert trafAc away horn restdentid areas. % Open Space. 5ufiident green span, This proposal has no open span, reoea0onaf tadlit es and diversity of parks are provided. k Pubtle Participation, Input into The appkard held one nelghtarfaod J~ i panning by neighborhood associations end meeUng In August II, 1"ll, prior to I coundis is encouraged. abmdtung a retuning appkaudt. X Land Use Diversity. Non-resldenuat and This request would It crease tie total area muib-famlly devOWent Is enouraged to d nonredderetal development at Ihls y a tmlted degree. node to ten (10) saes. X 1 , Manufecturedkfousing.IMF" of Not AMcAble. At c single family housing may be mmpatible t! sub)ed to mnduons, Strip Commercial. Any ham or Deveiopment on all 24A acres increase conbnuous strip commend.' 1s 0 orgly tie liketlhood or such dealopitent discouraged IrVor near low intensity areas x 46. 1 ~J 1 The 1988 Denton Development Plan (DDP) shows I D.0 acres of this area to be within a Moderate Activity Center. These areas emphasize a diversity of land use developments. They are Intended to place jobs and housing in close proximity to one another. Vehicular trip generation due to development within Moderate Activity Center Is restricted to 350 trips per day per acre in order to ' balance land use with road capacity, Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project; Denton Development Plan Policy AnaIV& Summary Moderate Activity Center Development Rating vs. Policy POLICY COMMENTS istee inoomltt consistent Intent These areas are intended to Resavkp up to 17.61 acres to comnerdal enrourape a diversity of land use or general retell would be consistent w/th developments Uwt place jobs and houslrg the nAent land use &varsity of Moderate In dose proklmlty to one rghur. Advlty tartan x Intenalty Standard. Moderate AcUvlty The request world result in a Centers shall have a standard vehlda trip development hat would ooeed h Intemty of 350 Mps per day per gross allowed httndty, by 2,220 Moor 126%. acre tyQ ecy, Alowed tniensity • 6,510 trlpyave Anoated Intensity • 10,760 Mps/site However, the Cna-Thlyd Rule alcvlaUon Indicates that two Is su"nt capacity in this MAC. for over allocation of Mpt x Diversity. Land uses within Ouse centers Thls request Is conslst M with the Intent should exNblt a mixture of rewenUal and of Moderate Adv9ty Centers. nonresldentlal land, •ses. Commerdal end retaI land uses should be Ilmlted to 1/3 the total acreage and should not be allowed on more than three owners of an Intersedlon within a center, x Nigh-Derlslty housing, Multidamlly Not ApplIabte, \ housing Is encouraged in these areas, 1 Inducting manufadured housing, x Low Density Neighborhood Housing This b not adjacent to any protection. Slnp4ef "reodorn a existng nel borboods. However, Owe shuld be protected by strict alto design Is rice site plan control of aanmerdatly control, Inducting sdbada, bufrerina and toned property. x landsaping Ship Commetclal, The plan encourages Ccnantratim of eomrkrtW developnuM centers of business MAty while to 12.2 aver at the toner of die dlsceuraging stlp comnerdal Sherman tlrNe and Loop 268 Irdersedon develotarent. weld reduce stlp mmmerdai growtfi, x / I~ 1 47. 1 1 I I • ~ 3 i 1998 Denton Plan Policies Analysis i The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Stall finds the proposed development to be cons Is tentlinconsistent with the policles of the 1998 DP, The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Menton Plan Policy Analysis Summary Development Rating vs. Polley CATAGORY POLICY tnoonslstent Consistent Tronsportatlon. Comptlments tortoni LoryRarpe ftraughrare Plan. x Promotes Access Management Practices x Optlmites operations for emergenq senke providers and other public service providers, Promotes prblk transportation system. x Contributes to the Denton VaN netwoo starmwater Dralnage. Protects SOO yrar floodptatn areas In accordance with Denton's watershed management plans Confnms to brat subbvlslan regulatlons, x Contributes to regbnal detention Wffles Provides for naturat ffpadan ersvtronme A I" Roadpiain. Uporades existing substandard d**X rystertu as Inm and redevelopnent occur. Water and Devefaps and maintains property and private WastewaGr. Infrastructure. x Creates opportunity for oversldng water and wastewater ones to meet"developrnent demands x Provides rWc-w or proposed water and wastewater Inrrastnctune to ensure pubic safety and health, X Promotes Infla Improve"rh aver new tine extenslons x EleWc. Provides underground electric service for new residential and nonresidential development, x Sotld Waste. Promotes efAdent access to an development for cord waste service delivery. It Parks and Reaeatlan. locates parks and recreation fadtlties in acwrdm with the Parks and Recreation Strategic Plan Enhances parks and recreation epportuNnes for residents Reserves floodpialn for parW and open space to aid In Aoodpialn conservation efforts Mows mmbning of parks with other publk Willies to achieve cost-effective delivery of prbPc seroom _ t • r r Residential de%viopment shWd dedicate land or fees In l ' neu of lard for nelo borticod parks. 4e. r l . c 1998 Denton Plan Policles Analysls (continued) T Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inconsistent Apobble W40 M Ermrorunwftl "W. Prwdo preservation of naLM rasa m x aidCMWO* devei we erono nk x Nalghbothooft r *mw p~ and mrmsmlty ftdlltks far x Erxarega a nbhn of lend wet the beWt resk* b. x Protect and prerms existing nelg bwt"& x Pronwtw dcyde W pedesblan loft Mthln end b hww Mlgh ddWda to sedum vehbula trlpa x Naadnp. f# met a large a wudfv"w appeal to w w" wMwk and tftW V"ty%L 23, a slVe-fia y bt 0% bWdng slae; and AO Preserves OMng hwM4 ine d,>q affardabra howing. lnataset hAa b"UV Mn*UCO rt, Econaalc ConbWes to a strorq W dver*W b W act mm by DivaalRMUM kroeadng wrOwnent and ax "rv the bx bam x Government. EnoOWepea Wgar&mwW cootdnatbn to provide codiffealva "k servla& x Urban Design. Ad* mm mnsttudy appearance in a oornprehe W" mama. e N*mAes arcMechral appearana of bMt em7tmment x Nelghborlbod MH deveicpment at LOd be oonpttlble m'+ e)dstlnp bnd was and bxrAd ngi Protect and preserves Denton's orNearat, oultuel and hlstorw resources, Enharas are appearm alw4 ns)or entraraways. X Nwvtea ttw IxewvaUw of bi a and londaa ng. x --A Public tnvolwmard o des op rMtlry to "k wrow &ft OA X I~ I I 19. ' t. v Planning and Zon;ng Commission Minutes ATTACHMENT 2 December2,1998 Page 53 of 84 n I Commissioner Engetbrecht I think they come out of Oklahoma, don't they? E Mr. Power Where else? - 7. Hold a public hearing and consider making a recommendation to the City Council concerning an amendment to the Denton Development Plena Concept Map, rezoning of 29,2 acres from Planned Development-39 (PD-39) zoning district and Singie-Family 7 (Sl zoning district 10 a commercial conditioned (^.(cj) zoning dlstricton 24.4 acres end General Retail (GR)zoning districten 4.8 mores: a. Amending the Denton Development Plana Concept Map concerning the configurallon of the Moderate Actlvlty Center located at Sharman Drive and Loop 288; b. Rezoning of 24.4 acres from Planned Development-39 (PO-39) zoning district and Single-Family 7 (SF-7) zoning dfstrlotto a Commercial conditioned (C(cj) zoning district; and c. Rezoning of 4.8 acres from Planned Development-39 (PO-39) zoning district and Singts-Family 7 (SF-7) zoning distrtet to a General Retail (OR) zoning district. The 24.4-acre tract Is located on the southwest comer of Sherman Drive and Loop 288 and the 4.8•scra tract is located on the northeast comer of Stuart Road and Loop 288. The proposal is to change the permitted land uses from residential to nonresidential. The applicant desires to develop a node of general retail and limited commercial land uses. (2.98-053, PO-30, Wayne Reed) Commissioner Engelbreoht. Item 07 this evening.,,. Mr, R~shel: We're moving right along. Commissioner Engelbrecht: That's rghl--moving right elong. I want to Inlerjed )usl a moment before I read this to ask Mr, Reed. You gave us a modified backup. Did that In any way change Ihe...oksy. I wanted to make sure. Item 7 Is to hold a public hearing--consider making a recommendation to the City Council concaming an amendment to the Denton Development Plans Concept Map, rezoning of 29,2 acres from Planned Development-30 zoning d4ldcl and Single-Family 7 zoning district to a Commercial toning di*ld on 24.4 acres end General Retail zoning district on 4.8 acres. We have throe home, Item (a) Is emending the Denton Development Plane Concept Map concerning the configuration of the Moderate Activity Center located at Sherman Delve and Loop 288. Mr, Reed• are you ,.l think It mlghl be best to ask you-we need to lake these one at a Ume? Yea. Mr. Wayne Rood presented the staff report Mr, Read, I was going to make a recommendation, 9 we could have three public hearings because, of course, the way the Commisslon recommends approval on the first one will t Comm;sslonel Engelbrecht: Affect the oihom Mr. Reed ...effect at least the second one end make It Shorter to hold them separately. Having Sold that, the first mailer before the Commission Involves the Moderate Activity Center located at the Intersection of Sherman Drive and Loop 288. First of ell, the direction given to staff on October 281h, at which time the Comentssion recommended postponement of the consideration of this rezoning request, was three-fold as slats understood h. And we're addressing the first direction that the Commission gave staff, end that Wes to topsider the realignment of the boundary lines of this Moderate Activity Center, In staffs report I provided you with, I hope, With Something that wee at least somewhat clear as to how we would go about this with the guidelines provided lit the Denton Development I Plan. The Intent of Moderate Activity Centers Is clearly a mix of residential and non-residential uses-also, that within the ores defined as the Center, that one-third of the total ecroage could be devoted to commerdal/retail but should not exceed this ome-thlyd total acreage guideline. Last, but not least, a guideline for Moderate Activity Centers that ere undeveloped Is that no more than three corners of an Intersection should be toned for commercial or general retail land uses, At present, this particular Moderate Activity Center has general relail on the northwest end southeast corner, On the South, or excuse me, northeast corner Is on ece•zoning district. Presently, and J ' excuse me, on the southwest corner, which Is part of the she-that Is also general retail. So, there's sclus5y already existing three corners. This one would simply expand that non-residentiat toning here, The DDP Sets forth two general guidelines for staff to use when presenting to the CommisslorUChy Cou"A, you know, the amending of the 50, • c c- Planning and Eonl ng Commisslon M inulea December 2,1998 Page 34 of 84 boundaries of these centers, One Is the one-third rule calculation. The other Is variables, which we should look at when we determine where those lines should fah. The chart here shows that presently, within the southwest comer, j there is about 17.2 acres. And the one-third rule calculation for, applied to this particular Moderate Activity Center, without going Into the details, states or shows that there are another 11.84 acres that could be zoned for commercial. And these 17.84 acres could have 11,648 trips dedicated to it without vlohting the Intent. Clearly, the request which has triggered this analysis-N, you know, there were another 17 mores put In this Moderate Activity Center, which Is less than what the applicant Is asking for, that would keep the Moderate Activity Center consistent with the goal of the Denton Development Plan. The second guideline, though, you know, talks about looking at certain features such as geographlcal features, environmental features, land uses, and zoning In place. Based upon the request In the report, staff proposed that this could be the amended boundaries for the Moderate Activity Center; and overlaying that on top of the existing one, you can see that land area was shifted from the south, or excuse me, northwest comer and somewhat over the loop Itself and shifted over to the southweat corner. Of course, when the Denton Development Plan was written in 1988, It talked about as the City experienced development In the areas that were presently undeveloped, this type of enelysls should be done. That was with the philosophy that comprehensive plans should guide growth, and currently Denton Is undergoing a revision of Its Comprehensive Plan. So, R Is also appropriate that the Commission consider what the Intent Is for this area as the City has at present drafted this area lobe used for--can you zoom In really dose, Trine? I don't know RR's going to work. Well, the documenl camera cannot show R clearly, but the Growth Management Plan, which Is but o draft right now, Identifies this area ea a residential area for the expansion of neighborhoods, which presently there are neighborhoods to the mouth end-to the south. If you would like, you can look at this while I continue talking. The staff feels that though the applicant's request for commercial conditioned zoning on the southwest corner of this Moderate Activky Center triggered this analysis. It does not in and of Itself justify, the sdrustmenl of the center's boundaries given the present environment that the City Is going through right now in regards to he Comprehensive Plan. And staff feels that, at I resent, R would be best to feave the Modormle Activity Center In Its present configuration. I'd be happy to answer any questions, Commts-'oner Enoelbrechb Ouostions for Mr. Reed? Pstil;oner or petitioners representative present? If you j vrould, sir, please give us your name and business address Mr. Smith; My name Is Randy Smith. I reside at 1009 Manhattan here in Denton. I don't know If this Is The approprfele lime for me to address the entire zoning use. Do YOU Jtust wanj me to address the expori of the Moderate Activity Center or.... Commissioner Engelbrecht Just address the first Rem.,. Mr. Smith. Okay. CommisslonerEngerbrecht ...Mr,Reeddiscussod, please-9youwould. Mr. Smith: I wasn't really prepared to address that concerning stafre calculations. We think that B'e an appropriate site for moderate activity. We would ask that you consider expanding the Moderate Activity Center, fti save the rest of my comments for Rem number two. Commissloner Engelbrecht: Any questions for petitioner? I have one, 01 might. Mr. Reed, would you put that map back up. Does It go ell the way up to Stuart Road-the map you have there? Oksy. It doesn't make N att the way to Stuart Road. Mr, Smith; I might add-this site has some configuration constraints Thera why were asking for the large size so that we can fit a suitable use In this site. Considering the constraints that R poses because of the way A's configured, specifically, having very little frontage on Sherri most of the usable portion of this property Is back in the-4 guess R would be the southwest pad of this tract. There why we're asking that R be expanded to Include that large of en area. Commissioner Engelbrecht. I understand. I have a question. I believe R's the pensioner In this can also owns the prcperty on the corner of the southeast corner of Stuart and Loop 788, a small tract. Ife zoned general ratan and in a previous zoning case, the area around 11 was zoned to SF-1 and I know Thal tonight, later on, we're disoussing the Thoroughfare Plan. And one of the things that's been discussed at Sherman and, or at Stuart and loop 288 Is blocking ON that at-grade crossing. 51. t u 1 , Planning and Zoning Commission Minutes December 2, 1998 Page 55 of 84 Mr. Smith: Yes, I'm aware of that Commissioner Engelbrecht: and It doesn't seem to be appropriate to have all of that general. talon st that intersection given, particulady the fact it at we're going to block that off and we're trying to reduce the traffic there, not Increase the tratUc, And they would have had an opportunity to zone lt at that time, but they didn't I don't know why. I was wandering 0 there's any Interest by the petitioner In doing that-zoning and Including that as pad of that Sf•7 as a way to reduce the traffic at that Intersection, given that we're trying to do that and we rn thinking about closing off the crossing at the tame time because they re also getting a larger pleee down here on this end. Mr. Smith: No; we haven't given consideration to that. That small retail tract Is only like on more-so, maybe it could probably be a pas station or maybe a convenience store. Recognizing that Stuart will be closed there, you know, we recognize that that will Impact somewhat the utility of that site, but 0 you go around the melroplex, you know, a lot of limes you see intersections where you don't have median cuts and yet you stiff ere able to support convenience. type, gas station-type uses. So, the feel that there will probably still be a necessary use for that In the future cnnsidedng the fact that Stuart will be blocked. Commissioner Engelbrechh Well, you answered my question. Anybody else have any questions? Thank you, is there anyone present who would rake to speak In favor of this retition? Anyone present who would Mks to speak in favor of this petition? 11 you would, please give us your name and address. Mr, Raynor: Mc Chairman, Rob Raynor. My address is 1108 Dallas Drive, Suite 310, 1 have a question of the landowner-not this site, but a clarification, if I could, with the existing Moderate Activity Center. I wish to address this triangular shape tight here. Thank you. Win gut-ff is presently zoned agricultural. Are you all tandng tonlghl about changing that parilcular triangle More n was going to be cut in half or-I've been asked to just get a clarification. That's what I am asking about now. Commissioner Enosibrecht: Okay, Yes, let's oak Ma Reed. Mr. Reed: We're not affecting the zoning of any other property other than the one we're looking at tonight. Mr. Reynor: I'm sorry. Not the zoning. Commissioner Engetbrecht: Not the zone 1 The Moderate Activity Center, I think, Is the question. Mr, Reed, As It's proposed, k shows that It would cut across that, Yes. Mr, Raynor: Okay. Mr, Reed And that lsJuste proposal, Mr. Reynot That's fine As a proposal, the landowner has asked that, AS you can see light W. an their land here is In the Moderate Activity Center. As a proposal, they would like to be either Included all the way. There Is a j residence, They live there presently, so they would like to have all of thelr triangle Included In steed of just part of K cut off. And that's been a request that I were to send to you just in case If this Is something that you deem that you want to approve. The landowner is not exclied about having their land out In Mlf• where at one firms they were all in the activity center, Does that make sense, si(f Commissioner Engetbrecht: t understand. Are there any questions for Mr. Reynor? Okay. Thank you. Mr. Reynor. Thank you very much. Commlsoloner Engelbrecht. Is there anyone to speak In favor of the petition? Anyone to speak In favor of the petition? In that case, Is there anyone present to speak In oppoanlon to the petition? Anyone present to speak In opposition to the petition? f am going to make an assumption here that Mr. Reynofs requests were In eaaenct In opposition to the petition as his presented; and therefore, I would give the petitioner an oppodunlty for any rebultat or r r' , 3 e 1 r ` e In essence any comments 0 you have any to make with regard to what was sold by Mr. Raynor. You don't hove to; 11 is up to you All right, in that case, the public hearing Is closed. Mr. Read, any 9nal staff remarks? Air Mr. Reed Since the Commisslon his no questions of me-no. The final comment that staff would like to make Is to I.J clarify that It's recommendation Is for denial of the amendment to the Moderate Activity Center. 52. c~ a Planning f,nd Zoning Commission Minute s Oecember2,1998 Page 58 of 84 y Commissioner Enge!trrecht Yes, Mr, Powell? Mr. Powell: I'm confued. And I am sorry. After you went an through that, you are recommending denial of the change? Mr. Reed: Correct. Mr. Powen: So, M realty, that would leave Mr. Reynoes client In the same position they are In now. Mc Reed. No; they would remain wholly within the Moderate Activity Center, the green area. I Mr, Powell: Which is the same position they are In now? Mr. Reed: Yes. II would reave them unaffected. Mr. Powell: Thank you; now rve got ft a little clearer. Thank you. Commissioner Engelbracht: Yes-go ahead, Mr, Moreno. Me, Moreno! Mr. Reed, you are recommending denial. Kind of like Mr, Powell, I am confused. Why are you recommending denial? Mr. Reed: To go beck to two things that the DDP provides staff to look at and guide itself in doing the anslysls-the 115 calculation simply h a rule of thumb. It says, you know, you an have this much commercial end felon within a moderate activity earlier. And when you look at the big picture, that would snow the overall trip Intensity to stay In check because wmmerclalheten Is going to generate 650 trips per acre, on average, while the remohndor or the balance of the Moderate Activity Center being mostly lower then Intensity uses would be less than 360 trips per acre, That would guide things, It Is clear that there Is room for more commercial and fetal growth within We Moderate Activity Center. The second guideline that the DDP provides Is some variables. One of those variables would also Inciudo what is the present coedit on of the Ciys vision for the Mute growth of this area. As I bled to point out, the City [a looking towards a Growth Management Plan that I posted around to the Commission that says we foresee, you know, In 88 there was a different vision. Now that vision is changing, and ft's very valid for the Commission to look at that end soy, 'We tee this ores as a residential growth ores and as such, e: don't propose expending the present Moderate Activity Center to accommodate one appnant's request' Commissioner Engelbreahl: Thank you. Commissioners, ore [here a r questions? Yes, Me, Powell. Mr. Power: No; t don't have a question. Is a statement In order now or a,•^menl? Commissioner Engelbrechl: Yes, ptesse-comments or a moron. Mr. Powell: I think since I've been on this Commission for four years, this Is the first time it has ever hit home. I ova right close here. I will just assume that this Is the greatest place In the world for commercial development This Is Sherman Drive and the Loop, and there Is no close res dentiol. So, the commercial development Is not going to Impact anybody's backyard directly, You know, we don't have to worry about Tphling pelting Into their yard at this stage of the game. I am confused its to why staff and the City Is not wanting more commercial hero at this obvious commercial Intersection. Mr, Reed: Can I respond to that, Mr. Powell? r, Powen: Absolutely, air, rm, you know.., r, Reed: Stain position on the Modorsie Activity Centses boundaries or the change of them It not tapinp that stall M against the request itsetf when we move onto the next public hearing coneeming the commercial, The staffreport f outlines that staff Is for the request with certain conditions Gi how the Commission ploys out with this pertirular f ' public hearing, there Is recommendation for s, prcvat of either the sntire trod or a recomniandetion bf a smarter trod r fir; to commercial. Thot Is based upon whether or not you change the boundaries or you do W. By staff standing hero and saying that staff feels thol this Is In the best Interest of the Coy to not change the boundaries of this Moderate Activity Center at this time, it Is not saying that we are against the commercial rezoning. J S3. • 1. Planning end Zontng Commission Minutes Oecember2,$998 Page 57 of 84 Mr. Powell: Thank you. Mr. Chairman, I would like to ask the gentleman sitting out here H he has any comments on the staff being against the change. if you don t, there Is no reason to come up to the microphone. If you do, feel free, from my point of view. Ma Smith: Knowing what Is about to come In part two and three of this he. ring, I don't IN •.k we really hova a problem with expanding the Moderate Activity node. Basically what it will entail Is adjusting the floorlareo ratios for either half the tract or the en0rs tract, end we are prepared to go with the lower Roorlares ratio 0 you deny tits moderate Intensity expansion, to based upon that, we really don't have any real problems with that. Mr. Powell: I don't want to put words In your mouth, sin But If I read you correcGy, you do not have any heartburn with staff s recommendation. Mr, Smith: No. Mr. Powell: Thank you. Commissioner Engelbrache I would like to ask Mr. Reed a Question. Would you please review again In terms of this petitioner the additional land they would have In the Moderate Activity Center as a result of this. I don't mean the additional--whet would be the change in terms, 9 we approve [his change In terms of the property they have In the Moderate Activity Center, Mr, Reed: Meaning the screaga? Commissioner EngelbrechL Acreage, yes, sir. Mr, Reed: At Present, there are almost exactly 10 saes within the Moderate Activity Center hlghnghled here on the map to the right-the green area showing the 10 acres with the dashed yellow tine 'ndieating that 11% There are 14,4 acres sitting outside of Nat boundary. So, the split Is 14.4 acres outside and 10 saes Inside. The way that staff proposed the boundaries to be changed, R will be wholly within, and that Is, again, just a proposal based on one applicant's request. Commissioner EngelbrechL h would be a gain of 14 scres in the Moderate Activity Center. t Mr, Reed, Correct. Commissioner Engelbrechl: Ms. Gourdle, do you have a querllon? Me Gourdie: $o, H we change H, those people that Mr. Raynor Is representing would loss their acreage that would have the opportunity to use as moderate activity. Correct? Mr. Reed That Is correct, It you recommend epprovad of staff s proposed Moderate Activity Center, the Commission can always recommend approval with the change that the acreage of that properly that Rob Raynor pointed out be Included, You can specify to take that property out of, say, the southern+southwoslammost portions of what here Is drawn We could remove X•scres down here and replace those kscres up here fora net exchange to keep the total acreage within this activity e4nter exactly as It Is at present. Ms. Goufdiv I guess I em confused es to why we are doing INS? I guess, I don't understand because i spptes to { apples to me. And to I am just a bit confused to to why we are taking this step and the next step; we era going to say go ahead and build at this ratio. I guess I don't understand Iha complexity of going to a moderate to a high to a low, Since we have really never taken list Into consideration In the past Mr, Rood, Meaning the Commission has never done that bcrora. Ms, Uourd* Correct. r. Mr. Power Mr. Reed, maybe I can confuse R or help I hot sure which. I think what Is confusing me, and A maybe Er:abeth also, Is you drew a change at the request of the petltionar. I guess. Then, you are asking us to deny It. 54. t f Planning and ton Ing Commission Minutes Decamber2, ID96 Page 56 of 64 Mr. Reed: I'm sorry M 1 am confusing you. I did not drew the change In the boundaries at the request of the applicant But at the lest public hearing, 1 told there was it present with the boundaries of the Moderate Activity Center the request would be Incondslsnt, excuse me, because of land use compatibility and blp intensity of commercial zoning being pa1laliy M a low Intensity area, which is for resldentlal and pan W It in the Moderate Activity Center. So, I thought direction was to step back, do some smaysis, and come back, and give you a report on- would It work If-would 24.4 -acres ai this Ate-could it be Inside the Moderate Activity Cenler and Otomlore, considedn; the DOP s goats, would that be consistent so that the appdcanl could get what he Is looking for here. Commissioner Engelbrechl: 1 just want to Interject The reason you are denying Is because of the CDP guidelines as they stand now. Is that ocerect? Mr. Reed. Wen, the DOP glves us two things to look at The second one, meaning some variables that the Commisslon shoui; consider, one of those variables would be what Is the present envlronment. The present environment Is we are looking at a different vlsloa for this area, Yee, there the reason why staff Is denying Nis, even though the epplicente request has triggered this entire analysis. Commissioner Engelbrechl: Mat ;ou are toying Is It looks like It Is In generally Ne vision of the new plan, the new Growth Management Strategy, Mr. Donaldson: We are saying the old Moderate Activity Center b more In fine with the draft growth management plan than We blue vorston, which would Accommodate rezoning the entire 24 ecru, because that starts to look Bike strip development along the Loop. We acknowledge that this Is a great place for eommerclat. We would Oki to see It concentra led closer to the intersection. Mr. Power; I guess what I'm confused or what I'm thinking about Is, d you m, de the peopouf-I don't mean you necessarily endorsed it or designed h-but you want to den/ A, and the applicant is content with you denying It ten I'm content to vote with you. Mr. Moreno: left do that. Mr. Reed: I Oink that Is a great Idea, Mr, Rishet: Mr. Reed, it Is my understanding that os wo took at the developments of titles-and cities fist ere doing a quality job in their development-we are trying to prevent sprawl. As you Gee this, Is this helptng us with our sprawl situabon? r Mr, Reed: If development oaourred on the Inside of the Loop, I think, genersny, the City looks at that as good development, ' 1 Mr, Donaldson: Yes--It N Is concentrated at that Inlerseetlor'. Commissioner Engelbrechfi Thls looks like a good Wersscgon to expand on because there Is a tot of flexibility, Thankyou Commissioner Engelbrecht. Before you make a motion. I would like to ask staff one question, If 1 might What would be your feelings of expanding that siighily and reducing-taking that acre out of Sherman Drive or Stuart? Mr. Reed. Could you be more clear? Commissioner Engelbrecht: What is your feeling on--perception of expanding this ellghtly, which Is with the request of the petitioner. I don't know that the 14 ecru, but sorri at the some time, with am agreement to reduce and to take Nat one acre away at ti+e corner of Stuart Road and Loop 266 where we are trying to reduce the sod of traKo problems there ! Me. Reed. Won, the ` r d r Commissioner Engalbrecht: There see Irade•oYa here. But do we want afl those eight little $man parcels at Stuart Rood? I ask Nat because this Is an the same petitioner. S5. Plann Ing and Zoning Commission Minutes j December 2, 1NO Page 59 of 84 i s Mr. Powell: If-before he gets into this--if I could comment, If N Is feasible to do R, from a business point of view and he teemed to say N was, that little acre down on Stuart, even though we are going to block the rood or whatever we are going to do, H N Is Still feasible to have N commercial, I would think N would be great to do It, be6me N Would give the people over there a place to go to the store or whatever without going Into town. Mr. Engelbre chL There Is commercial on both comers. The other one Is B Win larger. This one Is only an acre and II abuts their SF-7. Mr. Powell: I know. But, that's diversity. I mean, that how I look at N. Mr, Reed: If I can add Into this d1scusslon, what you are asking, Commissioner Engalbnchl, Is, can we ve the two together, Fir, Engelbrechl: I am not asking you to lie them together. I did not ask that. I dust want to know what your opinion is of, W you will, the traffic or the trip generation at Ihal comer, given that we want to reduce the blp generation at thal corner-we are trying to slop the crossover trefbe. We've got z t al-grads crossing, and those are not good at the Loop. Yes, Mr, Powell Mr. Powell: Mr. Chairman, H Is my lhlnking that that a" IS Inside the Loop. Right? It Is Inside the Loop, South of She loop. Yes, Ills nol Ihat yellow area un N, wth side of the Loop. If Is that liNle, tiny arao. Okay, Commtesloner Engelbrachl: Thero are Iwo or them. Then Some on each side. Mr. Powell; Yes--but you are only torking about the one on the Inside. Commissioner Engelbrechl: Exactly-because that Is ail part of the Same tract Mr. PnweN: That Is the one. I think, would be very handy to all these hoses here that won't be able to uses the Loop anymore. If they mid have a little Store or something there, that would be Super. Commissioner Engerbrecld: But you hove a general Wall tract on the other Side. The point being. I don't think we need them both Stan St.9rade Intersection On the Loop. Mr, Powell I understood you to say, or 1 thought, that we ere no longer going to hove an at-grade Intersecticn. They are pain; to close N off. Is that not true? Commissioner EngalbrachL We would still have on at•grade Intersection. We don't have on st-grads crossing anymore We still have an at-grads Intersection, Mr, Powell Whal's the difference? If you can't cross the highway, you cent cross the highway, Commissloner Engelbrechl: But you can still turn onto It Nhl of turn off or II right, You are stilloamor ing-my polnl being that you are generating more traffic At an al-grade intersection than you would be If you only had one general ratan then is opposed to two, Mc Powell Thank you Commissioner Engelbeethlr This was on opportunity to redves one of those at a place to me that IN Just does not seer., to be In the best Interest of the Safety of the A'Iizsmi to have two, Mr. Powell: I undeatand now. Thank you. Mr, Reed Not to Inefgate a reaommendellon of 6reol!on of the Commission for staff 10 do further analysis, but Section 35-7 of the Zoning Ordinance does allow of provide language for the P Bruning and Zoning Comrr0ston On r Its own motion or on the request of City Council to Institute a study and proposal for change and amendments In the A zoning of property. You could make that type of motion with Findings, Andingl'hot you are oiling. That could be c, ndepemdant of INS case, at anytime the City Council or Planning end Zoning Commission meets, r 1 ` Mr. Powell; Some other night Is what he is saying. 561 ♦ I. I Planning and Zoning Commblion Minutes December2,1998 Page 60 of 81 j Commiseloner Enge;Wecht: Just as a comment, I wad t vote to exp ind this current ails tonight nor will I vote to do any change on It until such time that we have dealt with that little rebrn spot, because we have the opporiunty iD deft al this time. And I think we owe It to the citizenry to do it. I think wa can do IL and I think we ought to, By the way, the whole thing Is going-Is just being platted right now. It could easily go Into seven at the some lime and ail be done, and we would reduce an that at that Intersection. They could eUn use their property, and we could get It done. Mr. Powen: Sul start Is recommending that we don't expand N. Correct? Commissioner Engelbrecht Right. Mr. Powell: I'm for staff. I think they're doing great, i Ms. Gcurdis So, Nwe recommend denial, that means we safeguard the homes next door by lowering the Intensity of trips that are allowed on that property. Is that whet it means? Because N remains low intensity and protects the nelghbornoods from any higher.,.. Commissioner Engelbrecht: The shape of the Moderate Activity Center remains the same. Ms. Gourd* So, my next question to you is-If n stays the same, how does n nffeet the property tot south of k, the agricultural property. Is that going to be, or Is that low intensity also? Mr. Reed. It remains in a low Intently area Mr. Doneldsom Some of It's In moderate. Mr, Reed: Yes, a very small portion of It Is In Moderate Activity Center. Ms. Gourdie: So, are they going to come forward In the future and say we want this to be moderate Intently. Wilt they be able to do that? Mr. Reed, For exumpta, N the applicant actually owned all this property down here that Is currently zoned so atong with the 10 acres that Is already In or part of his alts In the Moderate Activity Center also Thal would be cortelstent tonight. The[ would be an acreage which corresponds with that 1l3 rule. 60, they could come In tomorrow and ask for rezoning conolstenl with what the applicant Is asking, I Ms. Gourdle: Okay. May we make a motion please, I move to recommend denlat of the amendment to the Denton Development Plana Concept map concerning the configuration of the Moderate Activity Center located at Sherman Drive and Locp 288 as presented by staff. Mr, Risher, Second that. Commissioner Engetbrecht: Any discussion on the motion? Motion is to recommend denial. An in favor, please false your right hand, Motion carried unanimously, - 0) b. Rezcn!ng of 21,4 acres from Planned Dovelopment•311 (PD-39) toning district and Single-family.? (SP-7) zoning district to a Commercial condltlonsd (C(c)) toning district; Commissioner Enoelbrecht: Item ?,b than Is rezoning of 21.1 acres from Planned CvvolopmeY-30 toning district end Single Family? zoning dislrk[ to a Commercial conditioned toning district. Mr. Read. Mr. Wayne Read presented the staff report. ` Mr. Reed Thank you, In the condderatfon of the rezoning of this tract, which we have been discussing in the prevlous-which we did discuss.,,. Mr. Powell: Mr, Reed, I'm going to Interrupt for Just a second to ask you what page ore we on? t Commiusioner Engelbrechl Five, I t*rtive-pope 5 of the bscliap• Mr. Reed Five woutd be appropriate since It's scenario 1. No change In the Intensity trot. 57. C, Planning and Zoning Commission Minutes December2,1998 Page 81 of 84 Mr, Powell: Thank you. Mr. Reed: We should look at two Issues-land use compatibility and intensity of the request with trio Inlerl of the area. At present, I would tike to step back and demonstrate that. In addition to this ares not being developed, the property to the soArth Is also not developed. The property to the watt Is currently under a zoning change, which Is going to Council, It U recommended approval with some conditions. Denton Gordon Additlon was the name. So, this property would abut a residential area even H the Denton Darden Addition is not approved. The present zoning Is for residential development. The Sand use compatibility issue here is somewhat consistenl. For the 14.4 acres outside of Ih~ Moderate Activity Center, commercial conditioned even zoning would be Inconsistent with the Intended use of that portion of the eke. The Policies of the DOP Illustrate that N Is rnosty Ineonslstent for this portion In the low Intensity area and as well at the Denton Planned Policies where some of those popsies, this proportion outside of the Moderate Activity Center. it Is Inconsistent with those POWs%, However, for the portion of thto tract, the 10 acres that is In the Moderate Activity Center, the analysis with the Denton Development flans policy show that this request Is very consistent with the intended use of the property. The trip Mtensity also Is consistent within the Moderate Activity Center and Ineonalstenl for the area In the low intensity area. The vehicle trip generation, which Is found lo the staff report I think, on pegs 8, thaws that ahogether this development, N developed out to a hypothetical bulld-04 would generate 10,780 tripe on the 14.4 acres In a lout intensity area. It should only be allowed 884 trips, and dearly this would 1,08314 a great deal we trips In that sea. However, within the 10 acres, the request Is consistent WIN the Moderate Activity Center's allows" of more trips being generated on this 10 acres than on the other acreage within the Moderate Activity Center that Is not zoned for commercal. Some of this apeclal Information about the site that needs to be discustod-ono of the other aspects that staff was asked to look Into was some of the transp,31stion Issues. For this particular alto to be developed, either for residential or non• residential lend uses, moats would have to be provided for In one of two ways. David Salmon could elabofets on this N the Commission has any further questions. But the first one Is a frontage road along the Loop, which would, more of less, have to run from Stuart to Sharman to provide through access. That would involve the dediallon of 45 to 80 feet along the Loop into the acreage involved hero. N Donlon Garden Addition zoning Is approved and that development proceeds, this option actually would not be evellabls to this property as 45 to 50 feel would have to be dedicated also from the Denton Darden Addition property, And that deto8 plan definitely did not allow Such a dedinstion. So, the second option would be for a road to run south from this property down to Hercules Lane to provide access; end from there, there could be a road "I goes again down the loop and back to Sherman Drive that wuwtd canned with the present ramp that leaves Loop 288 and connects with Sherman. Something, more or less of that conAgurstlon, would have to be provided, Utilities for this site--existing vaster and sower lines slop at the IJ Intersedion of Heroulet tans and Sherman Drfve. They would have to be extended to-before any development on this sits would occur. The rood capacity Is adequate far commercial development here, even considering the ' existing generat retail acreage located on the southeasl corner, which Is more or less 10 acres and the general retail zoning on the northwest corner and theatrics zoning on the northeast cornet. So, given that the Commission did Mt recommend approval to change the boundaries of the Moderate Activity Center, staff does not support the rezoning I of all 24.4 acres to commercial under this scenario given its incompollbtfiy with the Intent of the low•intenaky area that thlo site portimliy is In. So, now staff supportf a rezoning of approximately 12 2 sues with cond1tions that would address both the trip genentlon and the land use compatit>niy. I'll be happy to answer any questions. Mr. Powell; What Pogo Is your motion on? Ms, Gourd* 10,b. Mr, Powell: Well, I cant find anything, ten (b)? 11 says approval of request to rezone 24.4. Me Ganzer. Right her*, Mr, Powell: Oh, wmy down thane B. Ms. Gamer: Are you on this new 10 or the old 10? i Mr. Powell; Beals me I'm on 10. 1 4' ' x Mr, Donaldson: You need lo be on the new one, Commissioner Engelbrecht: Yee, do you havo the now. SB, r • I~ Planning and Zen Ing Commission Minutes December2,1998 Page 62 of 84 i Mr. Powell: I have It. I don't have 11 In front of me. Commissioner Engelbrecht; Right. Got you. Okay. Mc Powell. Now I have It. Thank you. Commissioner Ergeibrechl: Mr. Reed, under the current PD, they would read to come In with a concept plan to develop the PD, eta Mr. Reed. The portion that Is on PD-99 That Is for clusler homes, ton units per acre, Commisslonor Engnlbrecht: So, If they want to put commercial on there, they would have to come In with a whole new plan to change that, Mr, Reed: They would have to come In with a new concept for commercial on that ponlcn. Of course, h would be very dlffIcult to configure commercial development on such a thin strip there. So, they would probably, 0 they wanted to 9o with PD, have to request an expanslon of PD zoning In that area to accommodate a planned development zoning district for commercial uses. f Commissioner Engelbrecht: My next question-this was requested for ot6ce conditioned, and I know that recently the number of requests for office conditioned we have had In this town have had all required all,.. Mr. Reed: Commercial conditioned, Commissioner Engelbrecht excuse me, commer0l eoridition, we've required all sorts of masonry materials and certain sign requirements, and I don't see any of those things for the north We of town. Mr. Reed: t think that you are referring to all the office condition zoning that we hove bed recently where we have had cedain conditions that related to roof pitch, exterior materials, setbacks, alms, and so krth. That hot: been on the South part of town, not on the north part Northi lnt coos a zoning cote that Mark handled, Mr. Donaldson: And In low•intensRi, areas surrounded by existing residential development. CommissionerEngelbrocht: Thankycu Mr. Powell; Soulhrldge, Mr. Donaldson: Yee, Mr. Reed And even south of Southridge, Mr, Pov,ell: i'msorry , Commissioner EngelbrechL Any other questions for Mr. Reed? No? Is the petitioner a PoWoner'S reprosontetlve 1 present? Yes sir, Please give us your name and address once agaln for the record. i Mr. Smith: Mr. Chalrman and members of the Commisson, my memo Is Randy Smith, and t reside at I 1009 Manhatton here In Denton. I represent the property owner, Or. Ed Wolskl In this request. I am hire tonight to ask for your help In attracting some commercial development to the north side of Donlon. As most of you are probably ev.are, there has been a lot of discusslon recently about the need for some more commercial development In town This would help alleviate the property tax burden that's currently plaguing the oily and the ScheN dWrkt. It al'~ws us to broaden the lax base without adding any more students to the School district. This request would also r i;nate the existing single-family and multi-family zoning, which currently allows up to 150 units to be constructed on this site. We propose to replace that with t ~ imwciol zoning We believe this to be an oppropdato land use for i r this property as R Is the primary Intersection for the entire north olds of town. This file Is also what is reremed to In r d the retail Industry as the 'going home corner.' This Is the comer that all the grocery mores and collier retailers want r to be located on. I d just say that 9 we aren't going to allow any commercial development at this milerier2lon, whorl are we going to allow ll? I em a native De ionlte. I've lived on the north side of Denton off Sherman D Iva for the last 40 years We desperately need some commercial development on that part of town, 1'd much rather run up to this Intesectiom to go to the grocery store or grab a bile to eat Nan to fight the 4aNK to go to UnlversRy Dri m of out 59. C' t Pla nnl ng end Zoning Commission Mlnules Oecember2,1998 Page 63 of 84 to the mail. In summary, the reasons we are asking for your help tonight are, It to try to bring some much needed commercial development to the north side of Sown' 02 to broaden our tax base; 03 to reduce the potential Impact on the school district, and finally /4 to pfovlde some shopping opportunities for the residents on the -north "a of Denlon so that they don't have to go all scross town to shop. Thank you for your $me. and I ask for your favorable consideration of this request; and I'll try to answer any questions you might have. Commissioner Engelbrecht: Commissioners, any questions? Me, Gourdie. Me. Gourdie: Are there any of your properties here In Denton that you, Dr. Wolskl, a yourself have completed or done? Is this your first development, or are there other commercial developments that we an reference? Mr. Smith: (rnaudible) Ms. Gourdie: Is that what'.- Is considering-that type of property-when he speaks that he Is more contemplating what he has done aesthetically and llme-wise and everything like that? Okay; thank you. Mr, Smith: We're going lo make it nice, I mean, I five on this part of lawn (inaudible). Ms. Gourdie: i know; I was just wondering. Dr. Wolskl Is a neighbor of mine; but, you know, you rust don't know when It comes to developing what the Idea Is and you V know that. I am )ust trying to gel a perspective, and I appreciate you telling me that. Thank you, Commissioner Engelbrechl: Yes, Mr. Moreno, before you ask, would you please speak Into the mike so we can catch it on tape, Thanks. Mr. Moreno: Yes, thank you, Mr, Chairman, As I understand, Mr. Reed has proposed two aflemative motions, sillier B-1 or B-2, both of which are acceptable to staff. to that correc6 Mr. Reed? Mr. Reed: That Is correct; however, given that the Commission recommended donlal of the arnrndmsnt to the Moderale Activity Center, we a e actually looking at 11, not 9 Z CommisslonerEngelbrecht: StaHrecommendstlon. Mr. Moreno: 8-1 is not your staff recommendation? I Mr. Reed: Thal Is the staff recommendation, i Mr, Moreno: So, staff would remove &2 from consideration at this point? 3 Mr. Reed, That is correct. Mr. Donaldson. The two of them actually allow the same square footage to be built, The one allows a higher 8oodarea rslio on a smaller area d land, thus concentrating Ilia commercial development closer k the intersection, whereas, the other one took this tame equals foolega and spread It out over Wee the amounl of lsn ' over the entire 24 acres, thus contributing toward sprawl and strip development In our mind. Our recommendation Is for the higher floorlares ratio on the smaller plots of commercial zoning, Commissioner Engelbrech, Do you understand that, Mr, Smith? Mr. Smith: Yes, I do, Our preference to to take the ssme amount of equals footage and spread It out over the Urger site, That would allow us more Aexlbihty for deeper setbacks, more Iandscopin¢ We feel it would be better to spread the some amount of square footage over a laegor size than to c.,nantrats it on the smeller tree, Plus. Ryou will look again the site configuration-If you try to cram If in right there on the Sherman intersocton, f think you're going to create more problei is In being ahle to fit a building on that smaller life. 1 r , Mr. Moreno: So, you're seeking rezoning of the erMlre 24.4 a tez? Mc Smith: Yes. Mr. Moreno: Or recommendalion 9.2. ) 6Q. t c, I Planning end Zoning Commit slon Minuses December2,1998 Page 54 of !4 Mr. Srdth; Wth the lower floorlarea ratio. Mr. Moreno: Okay, air, thank you. Ms. Garner: Mr. Chairman, N I am understat4ng this correctly, Hwe do the 24 and Ifs more spread out, Then the parking lot Itself Is not going to be as congested. Could that be true7 Does k meke any difference? I am not underalWiing that. Mr. Reed: No; the parking lot, the size or the number of perking speces provided in a parking bl for the given amount of building arse would be proportional. You're required by our zoning ordinance k p•ovlde so meny spaces for to many feel of build rag area. Mt. Gamer: I understand that. Mr. Reed So, N they have to fit K all on 12,2 acres and they have the tome amount of buiding area as they would on the 24.4. they would still provide the same number of perking spaces given that the uses would be for the some types of businesses under either of the "notice, The parking W would bo Just to big. 90, 091 you hive It a site constraint as the appkaint has Indicated that you ne constralned on how you can Al a parking lot and the same l amount of square footage on a smaller slid than a larger Nte, Commissioner Engelbroahl: Any other questlons for the petitioner? Think you, N there anyone present who would like to speak In favor of the petition? Anyone present to spa sic In favor of the pellcon+ In thol 04 me, anyone present to speak in opposition to the potation? Anyone present to spook In opposition to the petition? That being the ass, we writ waive rebuttd. The pubic hearing is dosed. Mr. Reed, any final staff remarks? Mr. Reed: Yes, I'd like to address the Issue of spreading this over 24.4 acres or keeping it concentrated toward the intersection. The appllcanfs property a the conAOuratlon of the appitart o property is seMl Their property has very smelt frontage along Sherman. N they had li frontage, much as more property doom Sherman, they wxrld be able to request rezoning of that miss which Is M the Moderate Adivity Center and be able to spread the area out. However, they don) own that land, and they ate confined to the ehe they have. They are seking staff or they're osklng the Commission to look at spreading oil the oommercial zoning across this site, and as Mark Donoldson sold, that type of development would be more oprowt then what to Intended for the arse. Moderate Activity Center Clops it s p'ulnt where 10 arise of the site Is included, and that means fhoee 10 acres N rezoned to commercial would be eonsi tent wlth the plan, eor slslent with the IntereKy coculotions. But, N you erdend h allthe way across the 24.4 scree, staff analysis pointed out you are going to be 60e1'sting s W of baps In on area which rhould not be genorated. Those Inps would have to be somehow direclod back to Sherman, and staff has p essntod those two possible transportation Improvements In which that an be dons. Bo, 1 Just want to address that N the oppliant has o concem about trying to fit this on 12,2 aere"ut again, I think that Is the applkanl's problam end not something that la o factor In whether or not this Mould be over 24.4 acres or 121 Commissioner Engdbrechl: Ouetllons? Yes, Mr. Moreno. Mr, Moreno I'm going to try to say something here and I em not sure which way I am going. You ve got the access from Sherman Drlvs actually almost comes to a point there Just looking at the mop where there Is very small frontage olong Sherman Drlvs. Mr, Reed: Correll. Mr. Moreno. So, I guest whether the entire 24 acres or 12 sues is rezoned commercial, thal Is not going to AK that situation okng Sharman Drlw, You are still golnp to have only to many feet or wholovor that maybe to souse that sale Mr. Reed: Correct. 4" C Mr. Moreno Okay, Think you. Mr, Powell: Ouestion, Mr. Reed CominlulonerEngelbrecht: Yes. i 61. V c+ Planning and Zoning Commisslon fdinutes December2, 1998 Page 85 of 84 j Mr. Powell: Thank you, Mr. Chairmen. Based on the 24 sues being zoned commercial as opposed to half of It commercial end hag of It resldentlaf--roughly half, fight? { Mr. Reed, Yes. Mr. Powell: is it safe to say that If it was 911 zoned commercial, It would hove a higher taxable value-the overall package-Than UK was hall and half. I am looking at this for the children. Mr, Reed: Well. since stall's recommendation giver the Commisslon guidance as far me a floor-to-area ratio, even though there would be 112 more acres of real estate, the actual Improvements would be no greater, Mr. Powell: Well, I understand the Improvements wouldn't, but h Is still commercial land, and It wouldn't have any single-family houses on h. So, I wasn't kidding. I said that In a funny way, but I really wasn't kidding. It would be more valuable from the school district's point orview at least, at least as I understand h and I believe from my point of view, if It was an commercial rather than hall and half. Commissioner Engetbroat: I would have to take argument with that. You have twelve lefts at .5 FAR or 24 acres at .25 FAR, You can't put any more building structure on the 24 than you can the 12. Mr, Powell: I understand, air. Commissioner Engelbrecht. So, the question le do you Increase the value of the twelve acres to double that of the 247 If not, and I think we could probably argue that one all night Mr, Powell: I understand Commissioner Engelbrecht: i am not ours thot the children benern here. Mr. Powell: Wall, they do because-at toast I P.,nk they do, because commercial land by Ind large Is worth, even 9 II is thinly populated with commercial property, buildings, is a more valuable taxable hem then resldentlat land. Esp nclally when it Is SF-7 and we don t put anymore SF7 houses there, which is what this school district Is asking us for In this letter we got tonight h I read It Correctly. It is for the children. Mr. Bucek: I think wo need to be owe that, legally, you understand on your last vote-If you wanted h to be commercial, you needed to vole the other way end remove this to expend the moderate activity area. Bence you didn't expand the moderate mclblty area, then some of this acreage Is In a low-intensity ores, and we sra just trying to keep your cons! allncy with the Donlon Development f tan. Mr Powell: Sir, I agree with you there, but since there can be only to many square feel of buildings anyway, I fail to see where It makes a bit of difference. II Is not going to generals any more tripe whether h Is 12 alas or 24 acres. The trips win be the same So, from my point of view, your argument Is academic. If doesn't mean zip because same number of trips, but we are etiminating a whole bunch of SF-7 houses, and we are making the land more valuable because h Is commercial. Mr. Bucck: Correct. I am not saying that that doesn't help the children Situation, I am just talking obout the ccnslstency. Commissioner Engelbrochl: I have to argue about whether your 24 sues Is any more valuable than the 12 because f of the constraints on the Poor area, 11, In fact, h Is no more valuable than. In fact, 12 acres of commercial, t that IS as valuable as 24, you get more value out of the houses potentidy-dust from a crunching numbers perspective. I I Mr. Recd: I'd like to draw us back to this entire discussion, of course, or the recommendation, and the direction of this discussion Is based upon our Comprehensive plan and we would all like to-1f we own land--haw it zoned for the highest and best uses, But, in this particular case, to rezone h all to 24.4 suns would be somewhat Inconsistent oath the plan of what the City wants this area la be, which Is greater In number then the one applicant end the one properly owner. If the property owner would like to or N applicant would like to hove more property zoned j commercial, they can at any time go south, purchase the property to the south, come bark, and have that potion that Is In the moderate activity zoned commercial and socompllsh what you ara talking about, Mr. Powell. Thal request would be consistent with what the Clly's Comprehensive Plan and the City's vision is for thts area. So, they could accomplish that, but should we accommodele their request for 24.4 hems? I think that Is whet staff Is simply 62. C l i Planning and Zoning Commission Minutes December2.1008 Page 88 of 84 making a stand on end saying we one for some rozotng, but we are not for everything that the applicant wants. Of course, this Isn't the first time or will If be the last that we stand here and say that we don't ogres comptgtely wijh the applicant Mr. Powell: I understand. Mr. Rlshel: Mr. Reed. Commissioner Engelbrecht: Go ahead, Mr. Plihel, Mr. Risheh Mr. Reed, Mark, I have to tell you that this is 47 of the most confusing pages that has ever been presented to our board. Mr, Read: That is due to me. Mr. Rishel: 1 know that our staff has struggled with this Issue and how they looked at it and what that( recommendations would be and whatever else. I hope slnearely, and I moon this very much, that we don't have this much confusion as we try to structure our recommendations to our board again. 111Just pan that along to you. I don't want to see this happen again. Commissioner Engelbrecht. I have a question for you and I never did get on answer to Stuart Road, by the way. Mr, Powell: Ifs not on the agenda. Commissioner Engeibrechc My question if this, Mr, Reed. This Is a confusing case, It's very letm. There learns to be tome questions about H. I have some questions about the whole arms, Aid I have to ask you about the poeautr of a postponement of this of staff consideration of that with the Idea cf looking at the whole piece of tract to talk to the developer about looking at that Intersection-and looking at this intersection. considering some kind of trade-offs that better assist him and we are sure that we have the beat traffic situation of the other Intersection and this intersection. 1 don't know, Mr, Donaldson, Mr, Reed, someone. Mr. Rishel: Mr. Chairman, I'd like to see us not postpone this and move on the recommendalion of the staff, and If the petitioner wants to corns back end change that recommendation, at least they will have aorrOhlng they an work from. Me. Gourdie: Also, I think that Is one of the points you had brought up the last time R was brought forth, and I guess they didn't- nothing was discussed, Commissioner Engetbrechl: They obviously didn't do anything about H then, Mr. Reed: Walt, actually, I addressed that In the last portion or this when i identified that the total acreage devoted to non-residential use or land use at the Intersection of Stuart end Loop 288 Is 6.6 awes presently. The Denton Development Plan says non,moldential nodes and lowdnlensily areas shag be between three and five earn. As staff Identifies, there Is already a bvlld-out out thereof non-resldt0at toning. Staff does not support the rezoning of the other tract involved In the appilanl's request. I thought I did address R. and I em sorry I did riot, Commissioner EngelbrechL From that perspective, yip, you did In that can, Any other queottons for Me. Reed? Any comments or a mollor on this particular Item. Ms. Gourdie: Well, does Mr. Reed have 10 road what his thing Is or do we reread k? Usually staff comm. Okay, I'll make a motion. I move to recommend approval to rezone no more than 12.2 acres from Planned Oovelopment•39 (PD-39), toning district and Slnple-Family 7 (SF-7) zoning district to a commercial conditioned toning distill as proposed by the applicant with the following conditions: a) that a 4-foot wide buffer yard with a atxdool tall fence and one anopy tree and two underslory trees for every 16 Anear feet be Installed along any property line abutting r r, residential development, b) en FAR 0.6 -1 for 12.2 acres located adjacent to Sherman Drive and Loop 286. a r. Ms Genzer: Seconded Mr. Powell: Mr. Chairman, I'd like to offer a friendly amendment to Elizabeth's motion and see what the thinks about this I am not going Io change the bole pad of IL On La after the word oixdoot loll, rd like to put the words'prlvocy 63. it c, 1 I I Planning end Zoning Commisslon Minutes Docember 2, 1998 Ps go 87 of 84 farce bulN with steel posts.' As N ills now, N says fame. it could be a chain-link, So. I'd like to add those words 'privacy fence built with steel posts.' Commissioner Engelbrecht: Would brick of concrete suffice also? Mr, Powers: Privacy Is an I care about. If N Is a wooden fora, which N Is really going to end up being, I would like N on %test posts. Il'e going to last twice is long for stmost the same amount of money. Commissioner Engelbrecht: Might I Amply Intedscl-cosy that N a privacy fence N wooden, would be built with steel f rats so that N they go with masonry, we havsnl eliminated the possibilities? Mr, Powell: Well, I win jump at that, sir. Commissioner Engelbrecht: I don't know how Ms. Gourdie is going to feet about the whrls thing, sir, Ms, Gourd! a: Yes, I think that is touchy, featy good. Ms. Gamer. I'll second It. Ms. Powell: Okay, we have the friendly amsodment accepted by the motioner and by the seconder. Commissioner Engelbrecht: Yet, Any other dir,cusslon on the motion? I'm going to say that I em going to be voting against this motion, es you ere probably already aware. I think this whole t:np ought to be considered at much larger perspective and not rezoned until that Is done. We have ilia opportunity 10 do that here. I am not going to vote for any of this. Any other discussion on the motion? An In favor, please robe your right hand Opposed? Motion tarries of% to one. Commissioner Engstbrecht cost the may vote, c. Rezoning of 4.8 acne from Planned Development-39 (PD-39) zoning district and Single. Famlly 7 (SF-7) zoning district to a General Retail (OR) zoning district Commissioner Engetbrecht: Item e. and this Is the rezoning of 4.8 acres four Planned Devslopment•39 zoning dish and Single-Family 7 sonigl district to a general retell zoning distrkt. Mr. Reed, k you would begin by gMng us the page which this particular Item begins, Mr. Wayne Read presented the staff report Mr. Reed: May I Insert-the applicant, I think, should make this request, but he would hka to wNhdrow this request for the 4.8-are fact. I am not sure, Mr Buak, N that at this point la still possible. Could you daftly that for the applicant to withdraw the request for the 4 &sere tract? Mr. Bucek, Yet. I think that consistently here the precedent has been that is long as the withdrawal is raised berme you get Into the public hearing, N can be considered. But Il ultimately the decision of the--the reason that It is a touchy issue Is that, remember that there Is nobody here on this, bul a lot of limes when you come up with this withdrawal Issue, you might have four or Eve people here to spook In the public hesdng and you may not went to allow them to withdrew coo that thou people an make their comments Commissioner Engelbrecht. I would personally prefer to have the pel donor make that request. Then we know for w sure that It has come from that Individusl and not iron the staff. If you would, give us your time and address for the record. Mr Smith: My name Is Randy Smith. I reside al 1D09 Manhattan here In Donlon, I represent the applicant Of. Edward Wolskl. I'd ask that this petition be withdrawn at this time. Commissioner Engetbrecht: Okay, very line. Corrmtssloners do you have any questions at this time of the petitioner? 1 r' Mr. Powell: My only question would be ham our attorney. Is there a motion neatary on this withdrawal from our j) point of view? 64r f Planning and Zoning Commisslon Minutes December2,1998 Page 88 of 84 Mr, Bucek: Historically, I think you all have dome that by consensus But, a motion would certainly be preferable In a legaloonse. Commissioner `engelbrecht It'd be on the record. Ms. Apple: i move to accept the petitloner's request Mr. Powell: Seconded Commisstomer Engelbrecht: it has been moved and seconded to approve the petitioner's request for withdrawal. Discussion on the motion? AM In favo,, ratio your right hand. Motion carries unanimously. IS - 0) (Ms. Ganz f was not present for the vote,) Thank you. Commissioners, do you want to take five minutes? We've just lost one? Okay, we are going to take five to ten minutes here and I know some of you have been wetting a long time. The Commissioners adjourned for a break, ! I The Commissioners reconvened the meeting. 8. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 21.85: eras from am Agrfeu,tural (A) zoning dloWtt to a Multt-Family 1 (MF•1) zoning districL The property is located on the north side of Colorado Boulevard, just north of Mayhill Road. It H tegdiy described as Tract 8 In the D. Hough Survey (Abstract 11U). The proposal is to develop an apartment complex. (Z-58-055, ColoradolMoyhili, Woyne Rood) Commissioner Engelbrechl Okay, the Planning Commission is beck in session and we're just about to move over to November 5-Dezember 3. We will be moving to Item It. Also, it wit a question during the break aboutwhsther we mfghl be able to put of! item 10. The others-we have some folks here to speak at these public hearings, t talked to Mr. Donaldson. There appears to be a problem--this it on the Council agenda for December 15, which would he before our next meeting. So, it would appear that were going to need to, h appears they would like to move lurward on that. So, there we zee. Mr. Powall. How cin we give It-I'm sorry, Salty. Go ahead. Commissioner Engetbreeht 1 know what you're going to say Go ahead, Mr. Rishel, No comment? Mr. Powell. Mr. Powell: How can we give II inlerIgenl deliberation, you know, the next day. Come onl Commissloner Engerbrecht: in all falrnssa to anyone, I don't think anyone ovspaded we would be qulta this long with the particular agenda when It was purl together. Ms. Gonzer, I did. I did, Commissloner Engelbrechl Ms,Ganzerdld. Ma, Ganzer: , On Item 10 lhough-I think that It will be kind of short because we know most ON, do we not? Commissloner Engetbrechl, Item 08 then this evening Is to hold a public hearing and Wnalder making a recommendation to the City Council concerning the rezoning of 21.85 acres horn Agricultural to a Murl-Fanny zoning district The property Is located on the north aids of Colorado Boulevard, Jutt north of Mayhilt Rood. it is legally described as Tract 9 In the D. Hough Survey. The proposal Is to develop an apartment complex. Mr. Reed, would you please quickly give us the staff report, etc. Mr. Wayne Reed presented the staff report. Mr, Reed: Yes, the request Is for multi-family toning on approximately 21 acres. The property is rumenny toned ' A agrlcullural. It Is undeveloped end Is located on the norm side of Colorado Boulevard end Is surrounded by - r commercial conditioned zoning The northern boundary of this property does abut the rare to trans corrldor, The t DDP Identifies thts area as a Major Activity Center and, as such, has unlimited Intensity or potenttal traffic gnmer0on. The property owners that were notified of Ole request--of the ones that were notified, there have been five responses-two were neutral, one was In favor, and two opposed. The two opposed constitute far less than i 65. 1 i [NI Gl'V0.i'L,fMp'LaIA'JSrr/QYn~ M2Ml.l OrYstY ATTACHMENT 3 I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT 39 (PD 39) ZONING DISTRICT, GENERAL. RETAIL (GR) ZONING DISTRICT AND SINGLE-FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO CONDITIONED COMMERCIAL (C(C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 24,391 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF SHERMAN DRIVE AND LOOP 288; PROVIDINO FOR A 1 PENALTY IN THE MAX MIJM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-98-053). WHEREAS, Randy Smith, on behalf of Dr. Ed Wolski, has applied for a change in zoning for 24.391 acres of land from Planned Develop n-nt 39 (PD 39) zoning district, General Retail (GR) zoning district and Single-Family 7 (SF-7) zoning district classifications and use designations to conditioned Commercial (C(c]) zoning district classification and use designation; and WHEREAS, on December 2, 1998, the Planning and Zoning Commission recommended dcuial of the requested change in zoning; and WHEREAS, the City Council finds that the elements of the chvtge in zoning not in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan are not material; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the zoning district classification and use designation of the 14.391 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development 39 (PD 39) zoning district, General Retail (GR) zoning district and Single-Family 7 (SF-7) zoning district classifications and use designations to conditioned Commercial (C(c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That a twenty (20) foot wide bufferyar,t with one canopy tree and two understory trees per every fifteen (15) linear feet be provided along any property line abutting residential land use. 2. That a minimum six (o) foot tall fence constructed of wood, concrete or masonry be provided along any properly line abetting residential land use. A fence constructed of wood shall have steel posts, concrete or brick columns; wood autumns are not permitted. ' 3. The floor-to-area ratio is limited to 0.25:1 or 265,08 square feet. J r 4. That the uses identified in Exhibit "B" attacheu hereto and made a part hereof for all purposes are prohibited. 66, , v~tw,wrrwr,nuae.A~w.Gw.~at«Naa.r, Y. 1 I SECT ION n. That the City's official zoning map 's amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. s SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordiname to be published twice in the Denton Recordk1ronicle, a & ly newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. i PASSED AND APPROVED this the _ day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r' I 67. 1 1 i EXHIBIT A 888836 FIELD NOTES TRACT 24.381 ACRES BEING ail that certain lot, tract or parcel of land situated in the 3. McCracken Survey Abstract Number 817, In the City of Denton, Denton County, Texas, being a part of that certain "south tract" of land conveyed by deed frcm Joseph J. Tonal Jr. to Group Management, Inc. recorded In Volume 2352, Page 498, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an Iron rod found for comer in the northeast line of Farm-to- Market Highway Number 428, a public roadway, said point being the northeast comer of that certain tract of land conveyed by deed from C.A. Ginnings to Blanche Nicholson Ginnings recorded In Volume 2015, Page 951, Real Property Records, Denton County, Texas; THENCE N 89.10' 21"W, 1422.35 feet with the north line of said Ginnings tract to an Iron rod set for comer; THENCE N 89.16' 18" W, 345.64 feet with said north line of said Ginnings tract to an iron rod set for corner; THENCE N 00' 43'26' E. 857.35 feet to an iron rod set for comer in the south line of State Highway Loop 268, a public roadway having a variable right-of-way; THENCE along the are of a curve to the right having a central angle of 03' 58' 13", a radius of 5619.68 feet, an are length of 389.41 feat, whose chord bears S 80' 05' 42" E, 389.33 feet With said south line of said Loop 288 to a broken concrete monument found for comer, ' THENCE S 710 16 15" E, 683.46 feet with said south line of said Loop 288 toe broken concrete monument found for corner, THENCE S 610 11' 6a' E, 587.40 feet with said south line of said Loop 288 to e broken concrete monument found for corner, THENCE S 63.36 47" E, 28713 feet with said south line of said Loop 288 to an iron rod set for corner at a right-of-way flare; THENCE S 14' 27' 60" E, 74.89 feet with said right-of-way flare to a concrete monument found far corner in said northwest line of paid Farm-tc.-Market Highway Number 428; ' THENCE S 30' 03' 05" W, 129.70 feet with said northwest line of said F.M. Highway to the PUCE OF BEGINNING and containing 24.391 acres of ;and. 68. ' • t7 i Michael Bucek-Z-98-053 Prohibited Land Uses.doc Page I I EXHIBIT 9 G (Z•98-053) Page I of 2 The following is a list of prohibited land uses: Educational. Instltut'anal and Soscial Wes Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Utility. Accessory and Incidental Uses Electrical Substation Electrical Transmiesion Line Gas Transmission Line and Metering Station Radio andlor Television Mkrowave Tower Sewage Pumping Station Telephone Line and Exchange Switching or Relay Station Weser Treatment Plant Recrostlonal and Entertafnreent Uses Amusement, Commerclel I'jutdoor) Dance Hell or Night Club Fairground or Exhibition Area Roden Grounds Sexua ly Oriented Business Theater Drlve•ln J=gportation Related Uses Alrport Lending Field or Heliport Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Rallroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-way Railroad Teem Track Truck Parkinr, Lot Commercial Parking Lot Comr, ercial Parking Lot or Structure 69. 0 t~ Michael Bucek - 2-98.053 Prohibited Land Usee. doe Page 2 f ~ I EXHIBIT B V (2.98-053) Page 2 of 2 j Automobile Servicaa Uses Tire Retreading or Capping Aarleulturel Twoe Uses Animal Clink, Hospital or Kennel (with outstde runs or pens) Farm or Ranch Hatchery, Poultry Commercial Two& Us" Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Begs or Carpets (Spautel Equipment) Contractors Shop Storage Yard V i I 70. u kanda No, 91- aZ Z AGENDA INFORMATION SHEET AeLP4bm.~ OaM_Ia.1~~__ ~ AGENDA DATE: June 1",1999 DEPARTMENT: Planning & Development CM/DCMIACM: Rick Svehla F"' SUBJECT Hold the second of two public hearings regarding the proposed voluntary annexation of an approximately 2,746 acre tract of land located west of 1-35W, north of Crawford Road, and east of Florence Road. [Robson Communities, Inc.] BACKGROUND On June i",1999, City Council will conduct the second of two required public hearings related to the voluntary annexation petition submitted b~ Robson Communities, Inc. The first public hearing required by state law was held on May 25 1999. Staff expects io receive a Planned Development zoning application for the property in the near future to be considered by City Council for approval on the same date as the completion of the annexation. The representatives of Robson Communities, Inc, have been working with the City of Denton for more j than a year to develop plans for a master-planned resort retirement community, located west of the I- i 35W / Crawford Road intersection (see Exhibit A). The subject property is approximately 2,746 acres ! in size; an estimated 794 acres are located within the Town of Northlake ETJ, and an estimates 1,932 acres are located within the City of Denton ETJ. The developer has requested that the Denton City Council consider annexing the entire 2,746 acre tract by taking the following sequential actions: I . Consider entering into an Interlocal Apportionment Agreement Resolution with the Town of Northlake, thereby assigning the portion of the Robson tract inside Northlake's ETJ to Denton. 2. Withdraw the portion of the Robson tract (Tract #l - 1,952 acres) from further consideration for involuntary annexation by deleting the portion of their property from the city's involuntary annexation petition. 3. Consider approval of a voluntary annexation petition and Planned Development zoning application for the entire 2,746 acre site. The Growth Management Strategy, adopted by City Council in January 1999, acknowledges the I potential development of the Robson tract, and includes the property as an area to be considered for annexation within the period from 1998 to 2020. i S ! a P7O ION' The City Council approved a resolution that would facilitate the execution of an interlocal agreement with the Town of Northlake, allowing consideration of the Robson voluntary annexation petition. The interlocal agreement between Northlake and Denton has not yet been executed, but the public hearings can proceed as scheduled. If the voluntary petition cannot be considered as submitted, Council can 1 t; decline to approve the annexation ordinance on first reading, or can revise the area affected. The Council may also elect to continue the involuntary annexation proceedings for the 1,952 acre portion of the Robson tract inside the Denton ETJ during consideration of an ordinance on second reading at the June 1", 1999 meeting. RECO,%LNIENDATION Staff recommends that the public hearing should be conducted as scheduled. If the Denton-Northlake intcrlocal agreement is executed, staff recommends completion of the process as set forth in the Exhibit B schedule, It appears that the Denton-Northlake agreement is ready for mayoral signatures, but Northlake is waiting for road improvement and maintenance contracts from Denton County before the mayor will sign the inierlocal agreement. ESTIMATED SCHEDULE OF PROJECT The voluntary annexation schedule, provided in Exhibit B, has been revised by staff to comply with state law timing requirements, and moves the annexation back 7 days as compared to the original schedule, from July 20'h, 1999 to July 27 h, 1999, If the second reading of the annexation ordinance, scheduled for July 27'h, 1999, is approved by City Council, the likely effective date of the annexation would be August IU6, 1999. Other actions involving the City of Denton and the Town of Northlake are being coordinated to allow the annexation of the entire Robson tract by Denton. These include: Thursday, Apri18t6 • Northlake Town Council Briefing - Interlocal Agreement i Friday, April 9'h * Denton City Council Briefing - Interlocal Agreement Friday. April 15th - Northlake Town Council Speciai Called Meeting to consider Denton- Northlake Intcrlocal Agreement Resolution, authorizing Mayor Savoie to enter i tto agreement [Approved, 5-01 • Submittal of Voluntary Annexation and PD Concept Plan Application by Robson Tuesday, April 20'h - Denton City Council consideration of Denton-Northlake Interlocal Agreement Resolution, authorizing Aayor Miller to enter into agreement; [Approved 7-01 and • Denton Coy Council Approval of Robson Ranch Voluntary Annexation Schedule [Approved, 7-01 April 2016 -June • Withdrawal of Tract kl Involuntary Annexation Ordinance by City Council upon execution of Denton-Northlake Interiocal Agreement PRIOR ACTIONIREVI El The Robson tract has been subject to ex:ansive service analyses by several city departments, which have been used to develop a draft service plan for the area. The service plan, attached as Exhibit C, will have to be reviewed to dctemrinc the impact of the addition of the 794 acres currently located 1' v within the Town of Northlake, I~ r v FISCAL INFORMATION { The service plan attached as Exhibit C indicates the level of resources needed to provide municipal ! services to the Robson tract. EXHIBITS Exhibit A: Robson Property Map Exhibit 6: Voluntary Annexation Schedule Exhibit C: Service Plan Respectfully Submitted V ;nd M. Hill Director of Planning and 1'bvelopment i f i , I I 3 cTN.9M Rld EXHIBIT A j - Robson Pro a Map . F DENTON S Dom Rood AREA CURRENTLY NODE DENTON EfiJ j r d 3 s Crawford Reed $trader Road ESTIMATED AREA OF NORTHLAKE ETJ RELEASE L juldo R00j N RTH KE FM 407 3 ~I¢ t. c~ t Exhibit B VOLUNTARY ANNEXATION SCHEDULE: ROBSON RANCH Tuesday, April 20"' City Councl approves voluntary annexation schedule Saturday, May 15' Notice published In newspaper for 10 City Council public hearing Tuesday, May 251^ City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Study prepared and available for puMtc review. o SerVke Plan prepared and available for public review. Sunday, June le Notice published In newspaper for Planning and Zoning Commission public hearing. Saturday, May 22nd Notice published In newspaper for 2nd City Council public hearing Wednesday, June 9" Planning & Zoning Commission Work Session briefing Wednesday, June 23rd Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. Tuesday, June 1" City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 22nd City Council by a four-fifths vote Institutes annexation proceedings. anco, First reading of annexation ordto Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Saturday, June 2e Publication of annexation ordinance In newspaper, Monday, July 12"' Publication of zoning public hearing notice in newspaper. Tuesday, July 27"' City Council by a four•Uths vote takes final action. Second reading and adoption of 1ho annexation ordinance. City Council holds public hearing and considers approval of zoning request. Council action must be more than 30 days after publication of , ordinance and less than 90 days after council Institutes annexation proceedings. J 3 f . t, t r, Exhibit C DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3 /The Robson Property is referred to as Tract to in this Service PIan.J CASE NUMBEW A-87 AREAL 2,746 Acres I LOCATION: In the far southeastern section of the City of Denton ETf, in the vicinity of Crawford Road, Interstate Highway 1.35W, and U.S. 377. I Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule; A. Police Protection In the short term, the Police Department can provide service to'rracts #1, #2, and #3 using existing resources, resulting in response times consistent with other undeveloped perimeter areas of the city. In the longer term, the Police Department estimates that service can be provided within average response times for the City as a rhole, with the addition of 24 sworn and 8 non-sworn personnel, phased in proportion to population growth within the annexed tracts. I B. Fire Protection and Emergency Medical Services Fire service will be available though existing facilities during the interim period when the annexation tracts remain for the most part undeveloped. A new Fire Station 0 will be needed in the future to provide service to the annexed tracts, to be located in the vicinity of the 1.35W / F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan is scheduled to be presented to City Council on March 30'x, 1999. The plan will provide additional detail regarding proposed fire and emergency service delivery to all parts of the city, including Tracts 01, 42, and #3. C, Water I wastewater Semlcts Current City of Denton CIP funding is programmed rot the construction or a 20-inch water line extension that will reach the Hills of Argyle subdivision on U,S. 377. The line will be extended further south to Tract #3 in a subsequent phase. Construction of these improvements will begin within 2 years and will be completed within 4'/, years. Development within Tract #3 is expected to run the line west to 1.35"'. The property owners of''racts 01 and #2 will be expected to extend water lines from 1.33W to deliver water for development. Interim water service options are available. Wastewater service will be made available through either extensions from the Hickory Creek a interceptor sewer system or through on-silt treatment plants that are owned, operated, and maintained by the City of Denton. 6 I t• I D. Stormw*Wi Drainage Services Drainage improvements will be made by geoperty owners at the time of develolinjesR. Maintenance will be the responsibility of the City of Denton, supported as a function of weer Kid wastewater fund transfers paid by rate payers. E. Solid Waste Collection aa4 Disposal Solid waste service are aN*Uble to the annexed tracts. Existing contracts between customers and i private waste haulers will not be disturbed. Equipment and personnel needed to serve new development will be added in proportion to growth in the customer base. F. Electric Utilities Electric service will be made available upon request to all of the property within the areas being annexed, C. Parks and Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance. One community park will be needed in the longer term. The community park and additional personnel will be funded as appropriate through city funds. H. Streets and Roads Crawford and Flo-ence Roads, located on the perimeter of Tract H I, will not be annexed, and will remain the responsibility of Denton County, Johnson, John Paine, and Allred Roads in Tract K will be upgraded by private development, and ultimately maintained by the City of Denton. F.M. 1836 (Country Club Road) is a state facility and will be upgraded and maintained by the'i exas Department of Transportation (TXDOT). 1. Building Inspections! Code Enforcement Services Services are available now for the areas to be annexed. Additional personnel will be dedicated to ° the areas to be annexed as dictated by growth. J. Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion. The plan will be presented to City Council in late April 1999. I Ad i 7 1 i AGENDA 1NFORi11ATION SHEET AQ&Ida No, q s AGENDA DATE: June 1, 199^ DEPARTMENT: Planning Department CM/DCM/ACM; Rick Svehla, 349-7713 SUBJECT-Z-99-024 (PD-104-G. nomasSK,enson) Hold a public hearing to consider rezoning 9.0 acres from a Planned Development (PD-104) zoning district to an Agricultural (A) zoning district. The property is legally described as 9.0 acres in the T. Manin Survey A-900. It is located on the south side of Hobson Lane, approximately 900 feet east of Country Club Road. The proposal is to allow for an agricultural use and probable two (2) single family residential lots. The Planning and Zoning Commission recommended approval (7.0). BACKGROUND The applicant has requested to rezone this property to allow for agricultural use and probable two (2) single family residential lots, The property is currently undeveloped. Y The subject property has a significant zoning history. Pl.ase refer to the Planning and Zoning rcpm for detailed property history (See Attachment I- Property History section), Y The proposed development is consistent with the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (See Attachment 1 - Comprehensive Plan Analysis section). i Seven (7) property owners were notified of the zoning request by certified mail and eleven (11) courtesy notices were mailed. Three (3) responses have been received in favor of the request. No other responses have been received. PRIOR ACTION FVI .W March 23, 1999-During platting, full variances from Section 34.114(17) of the Code of Ordinances concerning sidewalks and perimeter paving were approved by City Council - March 23,1999-Zoning application filed. April 28,1999-The Plrnning and Zoning Commission recommended approval (7-0). ESTIMATED PROJECT SCHEDULE If approved, this will be the final action for this zoning case prior to platting. (1r i FISCAL INFORMATION NONE 1. t. t P&7 SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of this zoning request (7-0). OPTIONS i 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration, S. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, April 28, M9, Z-99-024. 2. Planning and Zoning Coma,iss'on minutes from April 28,1999, 3. DrallOrdinance. Re octfulIy s}lbmi e Hill Director of Planning and Development Prepared b Kathryn Nilssen PlannerI r fit 2. ATTACHMENT 1 PLANNING AND ZONING COMWISSION ro sw 99, fp REPORT a, Subject: Request to Rezone Case Number: Z-99-024 PD-104 to Agriculture $Uff: Kathryn Nilsson, Planner I ©yenda Date: April 28, 1999 man= Hold a public hearing and consider making a recommendation to the City Council concerning the I rezoning (downzoning) of 9.0 acres from a Planned Development (PD-104) zoning district tc an Agricultural (A) zoning district. The proposal Is to allow for agdculturat use Including two (2) single- family residential tots. romp" I I i ❑ p , d LOCATION MAP Location: Property Is located on the south side of Hobson Lane, approximately 900 feet east of Country Club Road. /A Size: 9.00 acres a!- c Facnpnrc i 1 / 1 'I "u Applicant and Owner: a. Thomas Swenson 37 Highview Circle Denton, Texas 76205 The applicantlowner is requesting to rezone (downzone) his property from a Planned Development (PD-104) zoning district to an Agricultural (A) zoning district. The PD 104 detailed plan allows for thlrtysix (36) single family residential lots with a minimum lot area of 4,800 s.f. and a maximum lot coverage of fifty-five percent (55X) with a donsity of 4.38 dwelling units per acre. The applicant has indicated that, with the approval of the rezoning to Agriculture (A), the property will be used for agricultural uses Including two (2) single-family homes. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciallretall centers spaced at about mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip I generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP (See Enclosure 2). 1 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be generally consistent with the policies of the 1x98 LAP (See Enclosure 3). 1 1. Transportation A. Trip Generation The trips that would be generated by this proposal would be stgniflcantly less then the trips generated by PD 104 and well below the established threshold for this area. B. Access The subject property would have access to Hobson Road which is Identified as a secondary major r~ arterial. A C. Road Capacity The most recent traffic count for Hobson Road Indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development, FNS rtartK 1. -AL • t i D. Pedestrian Linkages A variance from the sldewalk requirements was approved by the City Council on March 23, 1999. 2. Utilities This site has access to existing water lines, however, sanitary sewer lines are currently unavailable (See Enclosure 4). 3. Landscaping This property will have to comply with the new Landscape Code, which requires fiftean (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area) unless waived by Individual owner/occupants. A. Drainage and Topography A Nrlion of the property Is Identified as being In Zone 'AE' as Scaled by FEMA. Any development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property. I 1983-The subject property was annexed Into the city by Ordinance 83-17 as an Agricultural (A) zoning district. December 17, 11966-Ordinance 85.266 rezones forty (40) acres to a Planned Development (PD). This PD covered a WJe range of uses from retail to single-family residential ('gardenhome' and "townhouse'), October 7,1988-Ordinance 88.197 amends Ordinance 85-266 to establish a Vngle-Family 7 (SF- 7) zoning district. However, the minimum lot size for the 'townhouse' area Is 2,700 square feet. June 2,1987.Ordinance 87-098 adopts a detailed plan for 6.6 acres, which is all within the area of the subject property. This detailed plan was for thirty-three (33) zero lot tine detached single-family homes including recreational amenities. May 6,1997-Ordinance 97.121 amends Ordinance 87-096 with a detailed plan that encompasses the entire acreage of the subject property. This detailed plan increased the density for the development (See Enclosure 6). A, In order for the current owners to establish two (2) single-family residential lots, they could either amend the detailed plan (which is more costly and time-consuming) or downzone the property. M Herwr.;e 5. l l k order for the owner to achieve his goal, staff recommended the approach of rezoning (downzoning) ! back to an Agricultural (A) zoning district I Surrounding zoning cases in this area of t,iwn are, PD-35, the Bent Creek Estates located southwest of the subject property which a lows 6000 sq,ft. single family lots and some multi family lots. Directly west of the subject tract, acr)ss Country Club Rd. Is PD-47, the Greystone Village, which allows 1,200 sq. ft. single family re;,idential lots. Zoning for SF-10 (c), south of the subjea tract, used to be part of P0104 and was rzoned to allow larger lots with conditions that lots abutting the Forestrldge subdivision be at least 13,000 sq. ft. and the lots abutting these lots were required to be a minimum 12,000 sq.ft. The 18 acres directly west of the property was recently I downzcned from PD 104 to an Agriculture (A)zoning disci ict and Office (0) zoning district. The Intention here is to develop three (3) single family lots with office use on the corner lot. With the exception of a Light Industrial tract to the northwest of the subject tract, the remaining adjacent and nearby properties are zoned agriculture (See Enclosure 6). The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published in tha Denton Record-Chronicle on April 18, 1999. Seven (7) property uwners were notified by certified mail of the request and eleven (11) courtesy notices were mailed on April 16, 1999. Informational signs were placed on the property on April 15, 1999. As of this writing, there have been three (3) response In favor of the request. No other responses have been received. (See Enclosure 7). Neighborhood Meeting-Applicant Indicated that he would be holding a social gathering with his surrounding neighbors t.-) discuss the proposed zoning change and that staff would not be required to facilitate. oil 1. Staff finds this project to be consistent with the 1988 DDP and generally consistent the 1998 Denton Plan Policies and the Growth Management Strategy. 2. Consistency with the Growth Management Strategy Include; A. The proposed zoning Is compatible with toe surrounding land uses and patterns. B. Allows growth along the southern borders of the City with development providing public Improvements. Staff recommends approval of Z-99-24. I move to recommend approval of Z-99.24. FdpOp^if 6. 1. Recommend appmot as submitted. 2. Re=nmend approval with oonditions. 3. Recommend denial. 4. Postpone consideration- 5. Table Item. 1. Vicinity Map. 2. 1988 Denton Development Plan Metrtx. 3. 1998 Denton Plan Policies Matrix. 4. Utility Map. 5. Current Detailed Plan 8. Zoning Map 7. 200-500 toot Property Owner Notification Map, I fit a<, f~knams 7. ENCLOSURE 1 NORTH Z-9M24 PO.104 G. THOMAS SWENSON) SITE I a 0 i E VICINITY MAP Agenda Date: April 28, 1099 lealat None a. ENCLOSURE Z t 1988 Denton Development Plan Analysis i The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small oommerctallretail centers spaced at stout mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restrictod to 60 trips per day per acre in order to balance land use wlbt road capacity. Staff finds the propostad development to be consistent with both the policies and trip Intensity standards of the 1988 DOP. i The table below provides a summary of the 1988 Denton Development Plan policies applicable to !i this project: 1 Denton Development Plan PolicyAnalyeis Summary Low Intensity Area Deve"enl Rating vs. Polity sw4whal POLICY COMMENTS _no % InooWowt consistent intent These areas represent primary housln; areas within the Oty x . Intensity. To be consistent wllh the Plan, Mowed Intensty • 60 tripslaas a developmenl should not exceed its Notated Intensily, a 5s0 tripWo ati= 4e nlsnely, Eallmled trip 9" MOW • 19.5t1t)"ll x Silo Plan Control. Strki properly There is no proposed one plan control. deveiapmenl control within 7,6017 lent of X extstinp bw dsnatty res dentist areas. Traffic DesIgn, Access should be praAded lo ensure that mulq-tartly or non-reeldenUal uses have aocess to eonectore or torpor artarlals with ho direct saes through residential streets. NA open Space. Sufficient green Spica, Pad Dedication does not eppy, recreotional fad Ifloo and diversity of Pads NA are provided. Public Partlelpallom Input Into ptanning Ownerlappresnt nollned surrounding by neighborhood assodabons and resldents p&sWy, x councils b eneouraped. Land Use Dlvarllty. Non-rssfdental and murti-famhy development Is Browned lo NA s penned degree, RfanulacluredHoualnq. TNs"of singfedantlly ILoveng rney be cornpallble vAth developments In the low Intr nsny areas subjed to ocridillota. Strip Commorclal. Any form of continuous strip ocmvnerdal Is strongly l r discouraged In/or near low Intensity areas. A r /A I 1 Fnonc nee 9. 1 1 I it l I ENCLOSURE 3 I f 1998 Denton Plast Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be generally consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policles applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATEGORY POLICY Inconsistent " 1 r Coralelent Transportation. Compliments Denton's lonpRanpe Tricroughtwo Porn. X Promctes Access Management Practical X Optlmfxes operrabor a or emergency servka providers MR, and other publk service providers X Promotes public transportation system. X '•?M' ~irT`-~ contributes to the Denton TraM network. Stormwater Drainage. Projects 100-year fioodplaln areas In accordance with Demon's watershed management plans. X conforms to total subdwbloo regulations x Coi tributes to regional detention lacirites. { R l Pro jos for natural riparian environment along fioodplaln, r X upgrades eslsfing substandard drainage systems es Infill ' and redevelopment occuf. Water end Wastewater, Develops and maintains property and private im,astructure X creates oyportun4 for overala ng water and wastewater Imes to meet future development demands. v v X Provides review of proposed water and wastewater 4?;.' 0!e, k Infrastructure to ensure public safety and health. L~r4- X Promotes Infill Impre dements over new sne aatensk s moo' $ X Electric. Provides undarl;l slectrk service fw new restdoJill and nonresldencal dcvelopmenl x 1 Solid Wash, Promise efficient access to as development for forwaste seMce dellvery. k X Pala and RocruUon. lotafes parks and recreation fedlides In eocwdanca the Parks and Racreation Strategle Plan. Enhances parks and recreation opportunlbes for ..r residents + i Preserves fioodplain for pads and open sp•ca Io calloodplain co irarvallon efforts, X Allows combinloo of pads with other public foo iges to i Schleve c0e14NVCbve detvary d public services. / Rasldantlat development should eaftata land or fees In / r lieu of land for neighborhood pads. r ! 11 Environmental Quality, Promotes prsaervaon Of natural naouras. 'I Integrates enNronmcntal protection With economic growth and community development. Fdanmrnu 10. _ .rte t 1998 Denton Plan Policles Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Poky CATEGORY POLICY InaoNlebnt AWIcable Caristelenl Neighborhoods. ftMdeswAstopubkandoonerIfsdtldeafor raldensstnWIAWN . Enoaupee a ndxdn of lend uses tAsl bernAl raldents. Prolede and preserves exbtlng neighborhoods. x Promote%=T:4= 11 and beteen adar tripe. x Noueing. Provides s tango of houUq lopes ttul spgal la df " sconorrk am Ind W21 Ilh 4VU. x o0 ~ var" ; sin fmrray lot etaee. WWI sues, x 'Presorm ax4sng ft wing, InduAng atfWable hx4I hweases InM housbrg cenebuellon, x Economle cmvbu%3 10a strorq enddWorI loaf =7 77 Mors1fioa0on. Inaeaslrq onnoorrment and expo ding Ins lax bate, x OovernmenL Encourages lnterpowmmental ooordlnsbon b provide /rledw puWk NMoa. Mom Design. Addreom ocmmunity:ppeenna in • oompnhensM rt+anrvlr, DlvenMee orddtectunl appeennce of buM envlroWWL Naiphtxlmood MIN developmvd should be conI vAlh exledn g lend uses end Wirga, x Pro4ds end prooorm Denlon's erchilechrral, prnurel end hiskxtw "Mrces, x Enhances to oppesranda along W40 aniron "Am Prw*W the presavallon of Inss rd londsaplnp. Pubi a tnvolwmenL Provides Sri OppoRunRy br pubAe op(nlon My IN plannlno pnceea x l J ' I I Y•r' ~ '1 Foonanw 11. c _j I ENCLOSURE 4 N H 2.99.024(PD-104 G. THOMAS SWENSON) 1 SITE - ~ i I N 4 V ` 1 1 I EXISTING UTILITIES MAP v . Hydrants f Water Line (W. L.) Sewer Line (S. L.) Electric Line (E. L.) Agenda Date: April 23, 1990 Scale: None 12. Jl l ~=Mol" a rwj.Mw ( J 1 I JI ~ i~ ~ u +i. I £rMy Bpn.p. CA &ICk Wd M 4 ~ V) V7 a - n.iquNw WW DOW V v ®w.. w.wm~ N y.. y }1 w,* 1 4.•w .14AI~ f ~ IAi.~YIMMI• ~ III IM 4 i _ 4V MM ..Y+p... I V! s~aown«S.s ww.~w H:.,....I.w ~1G RIIP AY 11.w.rrrwr.r. Detslled Site Plan COUNTRY CLUB PLACE K 1.V• tir..wM IOtd SU J' V W/N•~.w~wl''iiMYYT~~wI F.~fVdti TA, rr c u ENCLOSURE 6 A4 ' ~j NORTH Z-99-024 (PD-104-G. THOMAS SWENSON) i SITE 11 A A SF•18 Ll A Mari i 01 A A A A _ SF-10(c) A SF-10 c ZONING MAP y 1.. Agenda Date. April 28, 109 Stale: None 1~. c c, u ENCLOSURE y NORTH Z-99.024 (PD104 - 0. THOMAS SWENSON SITE L • w / j 200 Foot Buffer l so Foot Bnfter ~Zpat Zm A ~ wk w r s 1J M • .:e AP4 ~ tw • ' M r i { C, 200 - $00 FOOT NOTICE MAP r Agenda Data: April 28, 1009 fcale: None is. i i , t I I tI I i ATTACHMENT 2 P 39 I 1 agenda includes all the lots and blocks, so 1 hope you I MIL POWELL: Don't you have them memoriard? t 2 at least appreciate the motion is shorter than the 2 MIL EaatLaa m, You'd think. To some 3 description. 3 extent, With regard W our public hearings, first 4 MR. ENOELFIRWIT: Any questions for Mr. 4 thing, the Ctudr wHI open the public haring. I s Reed? S Second., the staff will read the p6 dot, and give its !II 6 MR. POWELU Mr. Reed, it's safe to assume 6 report and snake a staff recommendation. And following 7 that this plat runts all the specifications? 7 that which is him S On the screen, Petidarser will be 6 MR. REEn: Yes, it does, outside of the two a granted ten minutes to speak and at that time we'll 9 VIdArieea. 9 ask persons who are in favor of the petition to speak. to MR. P(YkELL: Thank you. to Following that, number S, persau in opposltac will I 1 MR. ENOELBRECFIT; Any otter questions for 11 each be granted on opportunity to speak. And If we 12 Mr. Reed? Is there anyone present who would like to 12 have persons In opposition, then the Petitioner will 17 address this Issue? Anyone present who would like to 1) be allowed five minutes to speak in rebuttal. 14 address this Issue? If you would, again, give us your 14 Following that, number 7,1 will close the 15 name and business address. IS public baring. The staffwlll present its final 16 MR. POOTLICK: Mark Foodiek with the 16 remarks, the Commlasion will discuss the petition, and 17 Prcserve We're present to address any questions that 17 make it's recommendation. And a couple or notes or 18 you may have. I It caveats, if you will, any spaker may be allowed 19 MR. ENOELBREci rr; Commissioners, any 19 additional time to speak by it vote ur three members or 20 questions? There's not. Thank you, air. 20 the commission. We would ask each speaker to concern 71 MR, POWELL: Mr. Chairman, I'm ready to 2l him a herself with presenting new Infatuation not 22 move on this issue if It's timely. 12 glven by previous speakers And, finally, 23 MR. ENOELtittECHT: Yes. Mr, Powell. 31 Commissioners may at any time ask questions of anyone 24 MR. PJW'ELL: 1 move 10 approve the 14 and all on the staff at any time and may ad)otun to 2s preliminary plat of the Preserve of the Pecan Creek i3 closed session as allowed by law. All right, 11svin; Page 39 Page 40 i Addition Pho,,1, contingent upon approval of the I covered our procedure, In that ease. I will open the 2 variances from parameter struts Improvements and 2 public hearing with regard to number 6. Ms. Nilasect, 3 a,3cw elks by City Council, 3 If you would please give us err start report, 4 MS. APPLE, so md. 4 Ms. missm: stood w ening, Mr, Chair and S MR. twv[ EREcirr: it's been moved and S Corturilssioncn. As mentioned, this is o nine w e 6 seconded to rotor mend approval board on the approval 6 piece of property. it is located south of Hobson LAw 7 of the variance or city Council. Any discussion ors 7 approximately 900 reef east of Country Club (toad. The 6 the motion? to that ass all in favor raise your 6 proposed use is rot Agricultural and actually a 9 right hand. opposed same sign. 9 probable two-single family real dential lots. This le MR. R15NEL: (Opposed.) to property has a long history of its zoning. Curznty I I MR. ENOELnRECHT (Opposed,) I I It Is In a P1)to4 zoning district that to allows for 12 Motion carries five to two, not troves us 12 36 tingle family residentlal lots with a minimum lot 11 to the public hearing section of our mining this 13 A ma of 4,800 agtare fat and a maximum lot coverage 14 evening, And we have two items First's item 6 on 14 of SS percent equaling a density or 4.36 dwelling 13 the Agenda, hold a public hearing and crn;kkx mskl•.,s IS units per acre, The applicant has Indicated that it 16 a recommendation W the City Council anoerning the 16 Is being used for agricultural use, They Intend to 17 retoning of nine acres from planned dcvcloprtvcnt to an 17 use it as that for the present, and they are In the : I I agricultural district. The property is legally is process actually the two lots I I and 14 has been it described as nine acres In the T•Martin Survey 19 preliminary platted and the applf -nts have Indicated 4 , 20 A•900. It's located In the south aide of llobson Lathe 20 W me that they will final peal those tots out or a ` ' (J h c 21 approximately 900 fort to of Country Club Road. The 21 1&" preliminary plat that to s etually to the Muth 22 proposal la to allow rot an agricultural use. Ms. 22 of their property. 21 Nilsson will provide us with a staff report. But 21 This Is the configuration of the wnhv 14 before she does, I would like to mvLw with those 24 that it is in 4NI now. In the comprehensive pion 23 pmscr t our policies rot public hearings. 23 analysis of this site, the 1988 Denton Development PLANNING AND ZONING APRIL 29,1999 Page 37 • Page 40 16, l t Condeose2t"t Page 41 Page 43 1 Pian shows this area to be within a low Intensity area I like the down toning was emler mn trying to amend 2 and this proposed development or down toning actually 2 the original PD to form two single family W. 3 Is consistent with both policles and trip Intensity 3 That's all I'd like to add. 4 standards of that plan. We also rand It to be 4 MR ENOEL9RECHT: Commissioners, any s generally consistent with the 1998 Denton Par ) questions for Mr, Swenson? 'Thank you, sir. 6 Politics. The trips generated by this down toning 6 Mk swENsom Thank you. 7 would be .ipnlncantty less than the tips generatod 7 M0. ENOELI3RECHT: Anyone present who would j I by the Pa that it is currently zoned and well below It like to speak in favor of this petition? Anyone 9 the threshold for this area. 9 present to speak in favor of the petition? In that 10 A variance for this property was granted by to can anyone present to speak In opposition to the 11 the City Council from the sidewalk requirements on t I petition? Anyone present to speak in opposition to 12 March 23rd, 1999. As mentioned the subject property a the petition? Since there's no opposition, we'll 13 has been preliminary platted and will be final platted 12 waive rebuttal, The public hearing Is closed. Ms. 14 at some later date. Notice of the zoning request was 14 Nilssen, any final staff remarks? is publiCoA in the Dmion Accord Chronicle on April 1) Ms. NUM&N: No. 16 18th, 1999. Seven legal notices were sent and 11 16 MR. FNOELBRECHT: Commissioners, any t 7 courtesy notices were mailed. Informational signs I7 questions for staff, comments, or a notion? Mr. is were also placed on the property. As of ionlgh4I is Powell. 19 have real vat thtoc responses In favor, no responses 19 MR. POWELL: Question, curiosity question 20 neutral on opposed. The applicant has indicated to me 20 only, No negative thoughts about this at all Why 21 that he would have a social gathering with his it would this be zoned, down zoned to agricultural rather 22 surrounding neighbors regarding a neighborhood mocting n than down zoned to two estate lots or sotnething? Just 2) and that he would not need staff to facilitate that. 2) a curiosity question. 24 But he would discuss his proposal at that time. 24 Ms. NWFN: what we have available since 25 Again, staff's analysis finds It consistent 2s It Is an approved detail plan, It would have 4 be an Page 42 Page 44 1 with the 1988 Benton Plan and generally consistent 1 Amended dctall plan and that would actually be more time consuming. 2 with the Denton Plan end Policies and the Growth 2 costly and more 3 Management Strategy., That consistency would Include + itk POWELL: Oct YOU, Thank you. 4 the proposed zoning is compatible with the surrounding 4 ai..e APPm rd like to make a motion. ) land uses and patterns, if you refer to my zoning map, s MJL 0,4UMECHT: Yea, Mi. Apple 6 and also It allows growth along the southern bonlcrs 6 Its. APPLE: I move to recommend approval of 7 of the City with the dcvclopmcnt providing the public 7 Z-99.24. I iunprownicnt,s and staff does rccommhcnd ai proval of s Ms. ciAmt, second. 9 Z-99.24. 9 MR. v aEtowit-r: It's been moved and 10 MR. ENOCLDRWIT: Commisiloners, any to seconded to recommend approval, Any discussion on the ii questions for Ms. Nilssen? Thank you. Is the 11 motion? All In favor raise your rl;ht hand. Motion 12 Petitioner or Petitioner's representative present? 12 carries imanlnausly, t3 Yes, air. If you care to address the Commission, 11 Ms, UPLE: rd JuO. Like to add that I'm 14 please give us your name and business address for lira 14 redly excited bout this because I think this Is a 1I record. IS beautiful piece d property and It's nice to know that 16 :4A. SWENSON- T,)m Swenson ll 31 flighview 16 It woe's be quite so congcsted, 17 Cird:, Mr, Chairmo j and Commissioners, this Is a - 17 Me. ENamiwIIT: Item ? this eveAril is to 18 I just kind of drew to the preliminary plat. We'll 18 hold a public hearing and consider mating a r 19 have a lot at the front and a 101 In the back, kind of 19 recommendation to the City Council concerning the r 20 a flag lot. And I just wanted io sdd one thing to the v rezoning of 46194 acres from Agricultural to / f 21 nursing on March 23rd, we were granted it variance on 21 Single-Family 16 on 24.74 acres and Single-Pamity 10 22 sidewalks and the parameter paving and I think some a 12 - of excuse me on 21 acrd and Single family 10 on 24 1) the council members voted for those varlances in 2) acres. The pro" Is legally described a<46.194 24 agreement that wr would rezone it of dour zone it So N acres in the T-Martin S,vvey A.M. It Is located on 23 1 Just wanted to add that, And I think we felt 2s the cart side of Country Club Aoad between Hobson Lon PLANNING AND ZONING APRIL 281 1999 Page 41 • Page 44 LJ, t r uwva.m,ao. o.....ar.M..w,.r I ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-104) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 9.0 ACRES OF LAND LOCATED IN THE T. MARTIN SURVEY (ABSTRACT 900) SOUTH SIDE OF HOBSON LANE. APPROXIMATELY 900 FEET EAST OF COUNTRY CLUB ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-024). WHEREAS, G. Thomas Swenson, has applied for a change in zoning for 9.0 acres of land from Planned Development (PD-104) zoning district classification and use designation to Agricultural (A) zoning district classification and use designation; and WHEREAS, on April 28, 1999, the Planning and Zoning Co:itmisslon recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that he change in zoning will be In compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policles; NOW. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the zoning district classifcation and use designation of the 9.0 acre i property described in the legal description attached hereto and incorporated herein as Exhibit "A" Is changed from an Planned Development (PD-104) zoning district classification and use designation to Agricultural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION lt. That the Citv's official zoning map is amended to show the change in zoning district classification. SECTION 111. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision or Lhis ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, aid the City Secretary is hereby directed t~ cause the option of this ordinarre to be published twice in the Denton Record- Chronicle, a daily newspap.t published In i, the City of Denton, Texas, within ten (10) days of the date of its passage. -a, ]8. i c~ PASSED &W APPROVED tWa the day of r 1999• i I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTYr CITY ATTORNEY BY: r 394 t, . u EXHIBIT A MARCH 91 1909 JOB 124703 FIELD NOTES TO 9,000 ACRES IN THE T, MARTIN SURVEY, ABSTRACT 9001 DENTON COUNTY, TEXAS, - ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE T, MARTIN SURVEY, ABS'T'RACT 900, UENTON COUNTYI TEXABI OEING PART OP A CERTAIN (CALLED) 15,413 ACRE TRACT AND A PART dP A CERTAIN (CALLED) 11,079 ACRE TRACT AS DESCRIBED IN A DEED FROM COUNTRY CLUB PLACE JOINT VENTURE. TO R.D,B. PARTNEC.'HIP ON TIIR 2ND DAY OF JULY, 1906 RECORDED IN VOLUME 1925, PAGE 816, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BRING MORN. PARTICULARLY DESCRIBED AS POLLOWSJ DFGINNING AT THE NORTHEAST CORNEA OF SAID 15,413 ACRE TRACT AT A CROSS TIE FENCE CORNER POST ON THE SOUTH LINE OF HOBSON LAN6I TIIF,NC'R ROUTH 00 DRGRFRS 02 IdINUTES 51 SECONDS RA8i1 WITH 'CAR EAST LINE OF SAID 15,413 ACRES TRACT A DISTANCE: OF 509.86 PEET TO AN IRON PIN AT A PENCE CORNER PORT FOR 9'116 SOUTHEAST CORNER OF SAID 15.413 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 11,879 ACRE TRACTI THENCE SOUT11 00 DEGREES 24 MINUTES 06 SECONDS FAST WITH THE LAST LINT OF SAID 11,879 ACRE TRACT A DISTANCE OF 400.86 FEET TO AN IRON PIN AT A FENCE CORNER POST FOR THE SOUTHEAST CORNER OF SAID 11,879 ACRE TRACTI THENCE SOUTH 09 DEGREES 32 MINUTES 46 SECONDS WEST W.T'H THE SOUTH LINE OF SAID 11,879 ACRE TRACT A DISTANCE 429,20 FRET TO AN IRON PINT 5!fENCE NORTH 00 DEGREES 26 MINUTES 45 SECONDS WEST PASSING AT 40',67 FEET AN IRON PIN ON T11E NORTH LINE OF SAID 11,872 ACRE TRACT AND TPR SOUTH LINE OF SAID 15,413 ACRE TRACT AND CONTINUING ON SAID COUR&I A TOTAL DISTANCE OF 910,90 FEET TO AN IRON PIN ON THE SOUTH LINL OF 11013SON LANEI THENCE NORTH 89 DEOREES 34 MINUTES 19 SECONDS FAST WITH THE SOGTN LINE Oc 1lobbG:' LANE A DISTANCE OF 433.04 PEET TO THE POINT-OF- BEOIIMINO AND CONTAINING 9,000.ACRES OF LAND, ~ f AURVEYOR'B CBR9ilICATE ! r ".,A,.•_ C It W. B. NASH, DO HERESY CERTIFY THAT %'HIS SURVEY WAS 71118 DAY MADE ON THE GROUND OF 'THE PROPERTY UE6CRISED 1102ON AND THERE ARE s' NO (VISIBLE). RNCROAC11MFNTSO PROTRU810NSI OVERLAPPING OF IMPROVEMLNTS, EASEMENTS/ EXCEPT AS SHOWN HEREON, 200 mmwmwm~ c, AGENDA INFORMATION SHEET Aparda% IC7 Olt "t-O" AGENDA DATE: June 1, 1999 DEPARTMENT( Planning Department CM/DCM/ACM: Rick Svehla, 349.7715 SUBJECT -Z-99.013 (E1 Pasco} Hold a public hearing to consider rezoning 46.194 acres from an Agricultural (A) zoning district to a Single Family zoning district (Tract 1.21.853 acres to Single Family 16 (SF. 16), Tract 11.24.341 acres to Single Family 10 (SF-10). The property i+ legallydescribed as 46.194 acres in the T. Martin Survey A-900. It is located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills Circle. The proposal is to allow for single-family residential lots. The Planning and Zoning Commission recommended approval (7-0). BACKGROUND The applicant has requested to rezone this property to allow for single-family residential lots. The properly is currently undeveloped except for an existing single family residence and outbuildings located approximately fourteen hundred (1400) feel directly east of Country Club Road (about in the middle of the subject parcel), r The subject properly is located in an Agricultural (A) zoning district created in 1969 with the City of Denton's first zoning ordinance. i The proposed development is consistent wi!h the policies of the 1988 Donlon Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (See Attachment I - Comprehensive Plan Analysis section). Y Thirty-three (33) property owners were notified of the zoning request by certified mail and 11 nincly-eight (98) courtesy notices were mailed. Four responses have been received opposed to the request (two (2) of these from the same residence); one (1) response received was neutral; and one (1) response received was in favor of the request (See Attachment 2), The opposed responses equaled less than five percent (5%), therefore, the Twenty Percent (20%) rule does not apply in this case. A Neighborhood Meeting was held by the applicants (See Attachment I. Public Notice section and Enclosures 8 and 9). PRIOR ACTION/REVIEW F'tbruary9,1999-Zoning application filed, A. April 28,1999-The Planning and Zoning Commission recommended approval (7.0). 1, r, ESTIMATED PROJECT SC EDUIT If approved, this will be the final action for this zoning can. Prior to developyhent, the property M must have a final.plat approved. FISCAL INFORMATION Development or this properly will Increase the assessed value of the city, county, and school district. 11 will r:quire no short-term public improvements that are the responsibility of the city. P&2. SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of this zoning request (7.0). OPTION 1. Approve as submitted. 2. Approve with conditions, 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS 1, Planning and Zoning Commission Report, April 28, 1999, Z-99.013. I 2, Public Notice Responses. 3. Planning and Zoning Commission minutes from April 28, 1999. 4. Draft Ordinance. Res tfully b e Hilt Director of Planning and Development Prepared y: athryn Nilssen " Planner 0 I 2, i . u ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT Uu- Sublect: Request to Rezone Cane Nub: Z-99-013 Agriculture to SF-10 and SF-18. At& Kathryn Nilsson, Planner I Agande Date: Apri' 28,1999 Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 48.194 acres from an Agricultural zoning district to two (2) distinct Single-Family zoning dlstricts: Tract I e 21.853 acres to SF-16, Tract II ■ 24.341 to SF-10. The Intention Is to allow for single-family residential lots. J L. t. I I I ~ I LOCATION MAP Location: On the east side of Country Club Road (FM 1830), Betweon Hobson Lane and Saunders, directly west of Rolling Hills Circle, r At r Size: 48.194 acres i rilMdnk 3. i Applicant: Brian Burke Owners: Craig Irwin Bill Orr Burke Engineering 626 South Carroll Blvd. 2101 Slonegate Trail 1318 Auburn Drive Sulte 100 Denton Texas 70205 Denton, Texas 762011 Denton, Texas 76201 The developer is requesting two (2) distinct zoning districts for this 46194 acre property. The proposed zoning for the eastern 21.853 acres Is single-family 18 (SF-16). The proposed zoning for the western 24.341 acr..s Is single-family 10 (SF-10), The proposal Is to allow for single-family residential lots (See Enclosure 2 and 3). t IN r 1988 Denton Development Plan Analysis I The 1928 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciallre'ali centers spaced at about Ya mile intervals with direct access to a collector type street of larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre in 1 order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP (See Enclosure 4) 1998 Dentor Plan Policies Analysis 1 The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vislon for the city, Stall' finds the proposed development to be generally consistent with the policies of the 1998 DP (See Enclosure 6). 1. Transportation A. Table 1. Proposed Land Use Trip Generation FSingle-Family Average Trip Maximum Buildoul Total Daily Trip Generation Generation Mini 9.651rips/daylunit 116momes 1108 proposed assumes 73 SF-10 R 43 SP-W) trips Note; Proposed Average Trip Generations provided by the Institute of Transportation Fngineors, 1991, The proposed development is 60% below the allowed capacity identified In the 1988 Denton Development Plan l riP~a- M 4. i, t; B. Access. The subject property would have access to Country Club Road (FM 1830) which Is Identified as a secondary major arterial. C. Road Capacity Country Club Road Is Identified as a secondary major arterial road by the 1998 Denton Mobility Plan. This road Is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, Its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Country Club Road Is currently constructed with two(2) lanes without parking. The most recent traffic count for Country Club Road Indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 8). 3. Drainage and Topopraphy There Is floodpiain along the western side of the property. Any new development will be required to design and constru:t a drainage system h city standerds. A preliminary drainage study will be required with the su`.imisslon of a preliminary plDt. T he study rrcst inciude calculations of the 100-year storm for ail drainage smas on this property and any area ti sat drains towards this property. The developer must Indicate the method by w rich t' % run-o;f will be carried across the property or stored on the property. JJ 4. Signs 1 As per the sign ordinance. 5. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surt.m to remain pervious (plantable area) unless waived by individual ownerlocapani. 8. Open Space and Recreatlonal Aron This residential development will be required to participate In the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the Issuance of building permits. A Neniw 5. I November 4, 1969 The subject property was placed in the Agricultural zoning class (A) zoning district and land use classification by Ordinance 69.01 which adopted the first zoning ordinance and map for the City of Denton. The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published In the Denton Record-Chronicle on April 18, 1999. Thirty-three property owners (33) property owners were notified by certified mail of the request and ninety-eight (98) courtesy notices were mailed on April 16, 1999. Informational signs were placed on the property on April 16, 1999. As of this writing, there have been one (1) response in favor, one (1) response opposed. and one (1) response neutral (See Enclosure 7). A neighborhood meeting was held on April 21, 1999. Sixteen (16) residents attended the meeting Including the applicants, Any concerns voiced by the residenls were discussed with staff and the applicants. Overall, the meeting was very successful and no opposition was expressed concerning the project (See Enclosures 8 and 9). ,~T~j1a1A~~fS MAT-2~~ M 1. Staff finds this project to be consistent with the 1988 DDP and generally consistent with the 1998 Denton Plan Policies and the Growth Management Strategy. 2. Consistency with the Growth Management Strategy Include: A. The proposed zoning Is compatible with the surrounding land uses and patterns. B. The proposal allows growth along the southern borders of the City with development providing public Improvements costs. ; R)MOMM A-VORUMA i Staff recommends approval of Z-99-13. I move to recommend approval of Z-99.013. i 'AG~RNAY(V~S,~ 1 , 1. Recommend approval as submitted.) , 2. Recommend approval with conditions, 3. Recommend denial 4. Postpone consideration. 5. Table item. New m 6. i I I' c V h I 1. Vicinity Map. 2. Zoning Map. 3. Proposed Zoning Map. 4. 1988 Denton Development Plan Matrix. 6. 1998 Denton Plan Pollcles Matrix. 6. Utility Map. 7. 200-500 foot Property Owner Notification Map. 8. Neighborhood Meeting Notice. 9. Neighborhood Meeting sign-in sheet. i - i L F J Rlergn~e 7, t . ENCLOSURE 1 Z-99.073 (EL PASEO) NOgTH SITE W0 ~ all -D 1 VICINITY MAP ~t1.` t; r Agenda Date: April 28, 1999 Soole: None 8. 0 i Eumosm 2 4 . Z-99-013 (EL PASEO) NORTH SITE A LI A 8f-16 LI A F 1 A SF-1b ~O LI A 8F-10{c) F•16 r F•16 A SE PD-36 g ETJ 8f-16 3 ETJ SANDS ~ F•16 - ETJ ETJ C~ 1 ZONING MAP 1 ~i e ~lrti Agenda Dates April 28, IM Scale, None 9. i C G 4 ENCLOSURE 3 NORTH Z-99.413 (El Passo SITE SF-10(a) SF-1et M N l is ynFr.A Tract li Tract IY • 24.341 21.853 acres to acres to Np hk SF-1t) SP-16 w f E!. PA8E0 +7 C 00 ETJ SF-16 PROPOSED ZONING MAP Agenda Data; April 26, 1000 Scale: None 10. 4 t. ENCLOSURE 4 at. 1988 Denton Devolopment Plan Analysls The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerclal/retail centers spaced at about K mile intervals with direct amass to a collector type street or larger thoroughfare. Vehicular trip generation due to development within low Intensity Areas is restricted to 80 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to tae consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summaryof the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low intensity Area Development Rating vs. Policy sore" POLICY COMMENTS 1 rn cot Canvshnt lntenL These areas represent primary housing areas within the dty. x int.,nsity. To he oondstent with the AOowed Intensity • 60 tdps/ave Plan, a dev6opment should not exceed Its Mioww intensity r 2m blpslsh x allocated Intensty. Site Man Control. Strid property There Is no proposed sRa plan contrat development control within 1,600 reef of existing lovr density resl&htW areas, x Traffle Design. Moen #*M be prodded to ensure that nul6•famUy or non-residential uses have Bottm to coIlectors or larger artriab w0 no dyed Kom through residential streets. NA open space. Suf6dent ormn space, it Is kkety fen A be paid In Feu of park recreaunrail hadllhes end dversity of part dedcatim. are provided, x Public Porticipstlom input Into planning by roeighboehood assodatIons and coundfs Is encouraged, x Land use Diversity. Nan-nsldenbal ard mulbdamny development Is encoursged to a nmited degree, NA Manufactured Houslny. This form of Nngte-fa" housing may be compadde j With developments In the km intensity areas subied to cymons, NA Strip Commercial. Any fo m of continuous strip for rods k dronply / r dscouraged Injor near low tnt 4r areas x i / Al C Hlenanx 11. t i ENCLOSURE S 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be generally consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicabte to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy f CATEGORY POLICY Inconsistent Cory;tstent Transportation. Compliments Denton's long-Range Thoroughfare PWn x Romotes Access Management Practices x Opbmlm operations For emerpency sWce proMrs and f other public sorvke providers, x Promotes pubik hanrportatbn system. x Contributes to the Denton Trans network Stormwater Drainage, Protects 100-year noodplain areas In aooordanoe wo Denton's watershed managernent pans, x Conform to local subdv%on regIaborn. x Cantrttrutes to regional detention raWlbes,_ Provides for natural rlpanan enkonment along floodptalrc x upgradd arlsbw substandard drainage systems as Inns and redevelopment occur. Water and Develops end maintains property and prtvate Wastewater. Infrastructure, x Creates opportunity for overydng water and wastewater Nnes to meet future development de,nar& x i Provides review of proposed water and wastewater InfrastruMre to ensure pubnc safety and health. x Prwmes Infill Imprarernents over new one Wersiara. x Electric. Provides underground electric LWce for new reslder>dal and numresldential development x Solid Waste. Promotes t"nt access to an development 7rood waste service denvwy. x Parks and Recreation. Locates parks and recreatbn rules In accordance with III the Parks and Recreation Strateok Plan. Enhances parks and sweat m opportuNtles for residents, x Preserves kodplaln for parks and open space to old in floodplaln cons"bon efforts, x Avows combining or parks with other pA k facillbes to achieve cost-efrectve denv" of publk services. Rcsldenbai development should dedkate land or feet In lieu of land for neighbeAwod parks, x r , Envlronmenbi Quality, Promotes preservation of natural resources, x A' Integrates envlrmner at protection with emnwk growth and community development. c+lename 12. p I f 1998 Donton Plan Policies Analysis (continued) M Denton Plan Policy Ans"s Summary Development Rating vs. Poky CATEGORY POLICY tn4v4ktrA App able Ca ut0wrd Hetghbofiood s. R&Mes aaesa to pubk and m nxr ty faftes for rood" nelghbortmo& &M,.'+oa a IT"" of Ira uses that benent Mddents. Mods and prasrves &MN aelghboAnoods. X Prorates blade one pedesbtan traft V&In and beMeen nel¢ borlaods s reduce vduaAa bro& x Houeing. eo c r k+d~v1A► Ifrdytes ipped to aRVI g x OP w a~ W*ty d sNg 4 My lot slurs, tMldng drm, + x Reatrva easdog heusho, hdudno aRord" boWno, bweasas wm houehg w*Ut ton. Econamlc Cwmxkes s a A" and &An Aed Iocel ecenahr by DlvaeiAcattom hawing Mprowment and wowwlrg the Ices bas x "Vemment. Enwapa Y>terpovrmWIW ooadrW W W AVA40 eoteoc lve pubik services _ Urban nealgn. Addrew mmwety appearance In a mnprehen" rawer. WftOocd WO &4Mnut **A *M adding tend uses and bulWrp► W mV x Rateds and Va&M WOO Mdrlhedu A allot and Moo" mwwm Vftrces the a ara major y6worarL Nwrdes the presr YMM d trod and rarrdt*rv. x Public Involvement itides Ax puck opinion d AV ths 0ar"rg x C Phnom V ENCLOSEIRF. 6 NORTH Z-99.013 (EL PASEO) SITE ILL //SQ kip EXISTING UTILITIES MAP • Hydrants --I - Water Line (W. L.) Sewer Line (S. L.) i . 'A ~ Electric Line (E. L.) I 1 Agenda Data: April 28, 1000 Scale: None 14. t. ENCLOSURE 7 NORTH Z-99-013 (EL PASEO) SITE 200 FOOT BUFFER S00 FOOT BUFFER r r F.r1. AF 4 ®r -rr 200 - 500 FOOT NOTICE MAP Agenda Date: April 280 1909 Scale: None ENCLOSURE 8 e~x } I ~I 5. TOPIC; REZONING: On April 28,1999, the Planning and Zoning Commission will hold a public hearing to consider recommending approval to City Council the rezoning of 48.194 acres from an Agricultural (A) zoning district to Single Family zoning {Tract 1.21.853 acres to Single Family 18 (SF-18), Tract 1124,341 acres to Single Family 10 (SF-10). The property Is legally described as 48.194 acres In the T. Martin Survey A•900. It is located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills C!rcle, The proposal is to allow for single-family residontial lots. If recommended for approval, City Council will consider the request at Its June 1,1999 meeting. Presently,,the applicant and owner wish to hold'' meeting to answer any questions or concerns tlil about this zoning change. If you are Interested I$, ii~ them, you are Invited to attend the meeting at the a dale . and place. If you have any questions, please call clM.1 SPONSORED BY: CITY OF DENTON r PLANNING AND DEVELOPMENT DEPARTMENT CONTACT: KATHRYN NILSSEN, PLANNER I (940) 349.8350 ,ll lr,Hm7Rlu lr)!dfl.CllUdK n IBC VI11' i~r IJC111Y11 PAWING AND DEVELOPMENT DEPARTMENT NEIGNiORNOOD MEETING -x-99-013 PLEASE SIGN-IN PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE NUMBER (IF ANY) 3" it ~ta~.IL. i ~o . GI q 4l- ~A1~r s S - ,z 5c.~~1~. a ~YIZ. d~ 3301 C'a CQ~cR~ (~oP 3b~~•`~73 W46 -TA 1~ AA i- AA, Lmflori6&f R Date: r ' r 1 i 1 Ili ATTACHMENT 2 NOTICE Or' VUBLIC HEARING Z-99.013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 28, 1999, to consider rezoning 46.194 acres from an Agricultural (A) zoning district to Single Family zoning (Tract 1.21.853 acres to Single Family 16 (SF-16), Tract 11.24.341 acres to Single Family 10 (SF-10) The property is legally described as 46.194 acres In the T, Martin Survey A-900. It Is I located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills Circle. The proposal Is to allow for single-family residential lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Ball located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attonding and participating In the public hearing,) You may fax It to the number located at the bottom, mall It to the address below, or drop it off In-person, Planning and Development Department 221 N. Elm ST Denton, Texas 18201 Attn: Kathryn Nilsson, Planner I The zoning process includes two public hearings designed to provide opportunlties for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses in support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission reoommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, than six out of seven votes of the City Council are required to approve the zoning change, Theme forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request , Comments: ~Yve~t6 Wt~.e ~,yY „t~es~ r ~,,~ih.•. J'~~ 1 W~~c' ieA19 Slgr alure: Printed Name: F~ rYLii Mailing Address; . 101 P -L, ¢AStc-Q i City, State Tip; tJT 1J `l b ~Q~ Telephone Number:. _ r,~rl`t01f~ rr' Physical Address of Property within 200 feel: _ 10 L t=1i PArG l r CITY OF DENTON, TEXAS CITY HAIL WEST + DENTON, TEAS 78201 040.340.0350 • (F) 040.349.T10r riPoromO I it i NOTICE OF PUBLIC HEARING Z•99.013 The Planning and Zoning Commission of the City of Denton will fold a public hearing on Wednesday, April 28, 1999, to consider rezoning 48.194 acres from an Agricultural (A) zoning district to Single Family zoning (Tract 121,853 sues to Single Family 18 (SF-16), Tract I1-24,341 acres to Single Family 10 (SF-10) The property Is legally described as 48.104 acres In the T. Martin Survey A-900. It is located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills Circle. The proposal Is to avow for single-family residential lots. The public hearing will start at 5:30 p,m. In the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zonings Commisdw would tike to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the data of the public hearing. (This to no way prohibits you from attending and parttcipefing In the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Dapartmont 221 N. Elm ST Denton, Texas 78201 Attn: Kathryn Nilsson, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first publc hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission reoommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. 11 owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. that* forms are used to calculate the percentage of landowner oppositton. Pfeass circle one: In favor of request Neutral to request Opposed to request /Comma tits: ~e'~~+~rasa o7r Yirsff~ c t.✓,'f! \A/Dk~f, ,a'Cdar'"f'Sr'Pr//'r t✓, l~ Cevtt.e~ci~.frv MdJ d c t ~r✓.,r4~,/i rirr~~N'~^rr~ Printed Name: / Lf"/•' ~~r%K'~s Mailing Address: City, State Zip: rfA,rig y775--> 'lS 16703` I " Telephone Number; 9,410- 5'5_5-1%06_ A, r Physical Address of Property within 200 feet; CITY0PDENT0N, TEXAS CITYHALLWEST a DENTON,TEXAS 18201 910,340.8350 (F)940.U0.T10? raonom. 19, I I I i i h NOTICE OF PUBLIC HEARING Z-99-013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, f April 26, 1999, to consider rezoning 413.194 acres from an Agricultural (A) zoning dlsWcl to Single Family zoning (Tract 1.21.853 acres to Single Family 18 (3F-18), Tract 11.24.341 acres to Single Family 10 (SF-10) The property Is legally described as 48.194 acres In the T, Martin Survey A-900, It. is located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills Circle. The proposal is to ellaw for 3111gle-family residential lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E, McYJnney Street, Denton, Texas. Because you owns property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing, (This In no way prohibits you from attending and participating In the public hearing) You may fax it to the number located at the bottom, mail it to the address below, or drop it off In-person. Planning and Development Department 221 N, Elm ST Denton, Texas 78201 Attn: Kathryn Nilsson, Planner I I The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Toning Commission, The Commission is informed of the percent of responses in support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the regjest to the City Council, If owners of more than twenty (20) percent of the land area W lhln two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Those forms are used to calculate the percentage of landowner opposition. Please circle one: , In favor of request Neutral to request Opposed to request j Comments: I I G u u i Signature: dC4 ri! Printed Name; Melling Address: ~t a Ile IA.) P 'Q n' City, State Zip: / 9A)7-I5AJ ~ ..ROS j V Telephone Number: ~yD .?F -.;t 6 d At t Physical Address of Property within 200 feet: r t,inl 6.~'ifiLGS , ` i •v~ T71-. ~lezo5 •q ':~~J i f CITY OF DEN TON, TEXAS CITY HALL WEST a DENTON, TEW 76201 ~ 010,3404350 ~ (F) 0403491101 F~knams 20. ' t • c i NOTICE OF PUBLIC HEARING Z-99.013 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, April 28, 1999, to consider rezoning 48.194 acres from an Agricultural (A) zoning district to Single Family zoning (Tract 1-21.853 acres to Single Family le (SF-16), Tract 11.24.341 acres to Single Family 10 (SF-10) The property Is legally described as 46.194 acres In the T. Martin Survey A-900. It Is located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills Circle. The proposal is to allow for single-family resid.uaiai lots. The public hearing will start at 6,30 p.m. in the City Council Chambers or City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date or tho public hearing. (This in no way prohibits you from attending and participating in the public hearing) You may fax it to the number located at the bottom, mail It to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Kathryn Nilsson, Planner I The zoning process Includes two public heartngs designed to provide opportunities for citizen Involvement and comment, Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action, providing the Commission recommends approval, Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Tili forma are used to calculate fhe porcontage ollandowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments: Sign-ituro: Printed Name,.( Mailing Address:. 6? 9 yC1~6r N/~L City, State Zip: r Telephone Number: Physical Address of Property within 200 feet: , -ON wlIVs taa5r C/e CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, MAS 76201 * 940.349,6550 (F) 040.340,7107 - Noma 21. Ii 1 i ui!22'kG THII 05:99 F'AC 940 $650735 R.l,'DALL AND BETS CUS ~GUl NOTICE OF PUBLIC HEARING Z-99-013 Trio Planning and Zoning Comrrdssion of the City of Denton VIII hold o public tearing on Wednesdoy, j April 26, 1999, to consider rezoning 48,194 acres from An Agricultural (A) zoning dlstriet to Single Family zoning (Trott 1.21.853 acres to Single Family 15 (SF-1e), Trott II-24,341 acres to Single Family 10 (SF-10) The property Is legally described as 48.194 acres In the T, Merlin Survey A-900, it Is located on the east side of Country Club Road (FM 1630), between Hobson Lane and Saunders, directly wsst of "On Hills Circle. 7ho proposal Is to allow for single-family reskfendst lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texts. Because you own prorarty whin two hundred (200) feet of the subject proporfy, the Planning and Zoning Corrun ssim would Nke to hear how you feet about this zonkv change request and invNes you io attend the public hearing. Please, In order for your opinion to be taken Into account, return this fort with your comments prior to the data of the public hearing. (this in no way priohMs you from adending and participating in the pub1fo has".) You may fax It to the numbor located at the bottom, mall it to the address below, or drop It off In•persom Planning and Development Department 221 N. Elm ST Danton, Texas 76201 Alen: Kathryn Nilsson, Planner I The zoning process includes two pubtit hearings designed to provtdo opportunities for citizen involvement and comment Prior to the public hearings, landowners within two hundred (200) feat of the subject property are rlotifled of the zoning raqueat by way of thlo notice, The first public hearing is held before the Planning end Zoning Commisebn. The Commission Is Informed of the percent of responses In support end In opposition. Second, the zoning petition Is kxwardcd to the City Council for final action providing the Commisslon recommends approval. Should the Commission recommend denial, the peUtloner may than appeal the request to the City Councll.~ if owners of more than twenty (20) percent of the land area within two hundred (200) feet of the sits submit written opposition, then six out of seven votes of the City Council ari ra4drod to approve the zoning change. These forms mo used to calculate the porcenfaga of landownar opposi8on. , . Ose circle one: In favor of request Neutral to request Opposed to request Comments: 1 Signature: Prlnlod Name: I ~ •r.,. Malting Address: City, State 71p: Q a .ten r ~-YY -yb zb- Telephone Number. f Yli 5th K I Physical Address of properly within 200 feet . -eGNa. I-C 0kA.2 4, , CITYOFDENTON, TEXAS VYIWIWEST DENTONJExn6 70201 e4044111AW • (F) 010.3/9.7701 22, t NOTICE OF PUBLIC HEARING Z-99-013 The Planning and Zoning Commission of the City or Denton will hold a public hearing on Wednesday, April 28, 1999, to consider rezoning 40,194 acres from an Agricultural (A) zoning district to Single Family zoning (Tract 1-21.853 acres to Single Family 16 (SF-16), Tract 11.24.341 acres to Single Family 10 (SF-10) The property Is legally described as 46.194 acres in the T. Martin Survey A-900. It Is located on the east side of Country Club Road (FM 1830), Between Hobson Lane and Saunders, directly west of Rolling Hills Circle, The proposal Is to allow for aingle•family reeldentlal lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Donlon, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and invites you to allend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you tram attending and participating in the public hearing,) You may fax it to the number located at the bottom, mail It to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Kathryn Nllssen, Planner I The zoning process Includes two public hearings designbd to provide opportunities for citizen Involvement and oommenl. Prlor to the public hearir qs, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses in support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recomrnonus approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feel of the site submit written opposition, then six I out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. 4 - - - Please circle one: n favor of request-.) Neutral to request Opposed to request Comments: 1 Signature: Printed Name; r 1A A) Mailing Address: rti i City, State Zip: 'b&Ag' Tv/.105' _ , Telephone Number 17. ?Y?, IlLb Physical Address of Property within 200 feet: ire ! f s r j CITY OFDENTON, TEXAS CITY HALLWEST - DENTON,TEXAS 78201 040.540.6550 (K) 040.340.7701 FlkAOnoO _ 23. I • t• ATTACHMENT 3 Page 43 I Plan shows this area to be within a low intensity area I tike the down zoning was easier than trying to amend 2 and this proposed development or down toning actually 2 the original PD to form two single family lots. It 3 Is consistent with both policies and trip intensity 3 that's all I'd like to add. 4 standards of that plan. We also find it to be 4 MR. ENOELBREC1 iT: Comntlssi,mm, any S generally consistent with the 1998 Denton Plan j questions for Mr. Swenson? Thank you, sir. 6 Policies. The trips Fricratod by this . awn zoning 6 MR. SWENSON: Thank you. 7 would be significantly loss than the trips generated 7 MR. ENOELBRECHT: Anyone present who would a by the Po" It Is currently zoned and well below a like to spook in favor of this petition? Anyone 9 the threshold for this Area. 9 present to speak in favor of the petition? In that 10 A variance for this property was granted by 10 can anyone present to speak in opposition M the I I the City Council from the sidewalk requirements on I I petition? Anyone present to speak in opposition to I2 March 23rd, 1999. As mentioned the subject pro" 12 the petition? Since there's no opposition, we'll 13 bas been prcliminary platted and will be final platted i3 waive rebuttal. The public hearing Is closed. Ms. 14 at same later date Notice of the zoning request was 14 Nilsson, any final staff remarks? IS pubtishcd In the Denton Record Chronicle on April is MS. MLSSEN: No. 16 18th, 1999, Seven legal codoes were sent and i l If MR, ENOELDRECHT: commiss lonei 9, any 17 courtesy notices were mailed. Informational signs 17 questions for staff, comments, or a motion? Mr. is were also placed on the property. As of tonight, I I a Powell, 19 have rcucivcd throe responses in favor, no response 19 MR. POWELL: Question, curiosity gtatstion 20 neutral or opposed. The applicant has Indicated to me 20 only, No negative thoughts about INa at al I. Why 21 that he would have a social gathering with his 21 would this be zoned, down zoned to agricultural rather 23 surrounding neighbors regarding a neighborhood meeting 22 than down zoned to two estate lots or something? Just 21 and 0 he would not need staff to focilitste that. 23 a curiosity question. 24 But he would discuss his proposal at that time. 24 MS. MLSSFN. What we have available since 25 Again, staff's analysis finds it consistent 25 it is an at'proved detail plan, It would have to be an Page 42 Page 44 I with the 1988 Denton Plan and generally consistent t amrudud detail plan and that would Actually be more 2 with the Denton Plan and Policies and the Orowth 2 cosily and more time-consuming. 3 Management Strategy, That consistency would Include 3 MR POwttu sot you. Thank you. 4 the proposed zoning is compatible with the surrounding 4 Ms. APPLE: I'd like to make a motion. s land uses and patterns, if you refer to my zoning trap, s MR. ENaELeRECKt: Yes, Ms. Apple, e and also It allows growth Along the southern borders 6 Ms. APPLE: i move to recommend approval of 7 of the City with the development providing the public 7 2-99.24, a improvements and staff does recomme-id approval of a ms, avN2:ett: second, 9 z-99-24. 9 mat t=rot t macclrr. it's been moved and to MR. LNOELBREC'HT: Commissioner., any to seconded to recommend approval. Any discussion on the i 1 questions for Ms. Nilsson? Thank you. Is the I t motion? All In favor raise your right hand. Motion 0 Fctitioner or Petitioner's representative present? 12 carries unanimously. i 3 Yes, air. If you care to address the Commission, 23 Ms. mi let rd just like to add that I'm 14 please give us your name and business address for the 14 really excited About this because 1 think this is a 15 record. 111 beautiful plae of property Arad it's nice to know that 16 MR. SWE'NSON: Tom Swenson at 37 Highvicw to it won't be quite so congested, 17 Circle. Mr. Chairman and Commissioners, lids is a I7 MA. ENatt9Recitr: Item 7 this evening Is to is 1 just kind of draw in the preliminary plat. We'll is hold a public haring and omsider making a r 19 have a lot at the front and a lot in the back, kind of 19 reconuncridation to the City Council concerning the 20 a flog lot And 1 just wanted to add one thing to the 20 reronIng of 46,194 sera from Agricultural to 21 mooting en March 23rd, we were granted a variance on 2I Singk•Forrily 16 on 24.34 acres and Stegle-Family 10 12 sidewalks and the parameter paving and 1 think ionic o 22 or excuse me on 21 acres and Single Family 10m 24 2) the council members voted for those variances In 23 acres. The property is Legally described as 46.194 24 agreement that wr would rezone it or down zone it So 24 Acres In the'f•MaNn Survey A-900, It is located on is I just wanted to add that. And I think % e felt is the to Aide of Country Club Rood between Hobson Lane PJ.ANNINO AND ZONINO APRIL 28, 1999 Page 41 • Page 44 24. c i Condcaselt`vr _ Page 45 Page 47 1 and Sanders directly west of Rolling ?tills Circle, I Again, tuff finds the development to be 2 The proposal is to allow for tingle family residential 2 com!stent with the 1988 Plan and the 1998 Dental 3 lots, And Ms. Nilsson will provide us with the staff 3 Planned Policies and Growth Management Strategy. The 4 report The public hearing Is open. 4 proposed toning is compatible with surrounding land S Ms. 14lLSSEN: thank you, Mr. Chair, As s uses and patterns, And the proposal allows growth 6 mentioned this is a 46.2 acres from an agricultural 6 along the southern borders of the City, with 1 zoning district to two distinct single family zoning 7 development providing public lmprovement co" 8 districts. And I'll put this one up just so it will it therefore, gaff does recommend approval of 2.99-01). 9 give you a little bit better the eastern tract 9 MR. MtUREM! Mr. Powell. 10 the eastern portion which is 21.853 acres Is proposed 10 MR POwELU thank you, Mr. Chairman. Ms. I I to go to SP-16 and the western tract is roughly e,5 11 Nilsen, is there any physical connection between the 12 acres proposed to go to sp. 10. a is located on the 13 wbdivisions to the east? When 1 say connection, I 1) east side of Country Club Road betwam Hobson Lane and 13 mean, wi.1 any streets go through? 14 Sanders directly west of Rolling Hills circle. The 14 Ms. WILBSEN: According to David Salmon d 15 proposal is to allow four wangle family residential I! Enginaerirg, El Paseo actually will be brought all the 16 lots. 16 way to Country Club Lane at some point, 17 In the Comprehensln Plan Analysis the 1988 11 MR. POwELL; All r*L Thank you. Ill Denton Development Plan shows this area, again, to be I I MR. RISHEL, Question for you, 19 in a low Intensity area aril staff firds this 19 Ma. ENOELaRPCHt: Yes, okay. Ms. Apple, 20 dcv clopmml. to be consistent with boih the policies 20 MS. APPLE: vot,'re so kind. This is 21 and trip Intensity standards of that plan. Staff also 21 probably going to be directed at Mr. Salmon, I was 22 ' inds the development to be omsistent with the 22 Just curious It said that Country Club Lane in the a 3oticiei of the 1998 Dorton Plan. The trips that 33 Mobility Plan Is designated as a foul lane, do we have 14 would be grnerated by this proposal are 60 percent 14 any Idea If Out's In our lifetime? 2$ below the allowed capacity Identified by the 1981 23 Ma, se:,4ov: it certainly Isn't on any of Page 46 Page 48 I Denton Plan. I the State's current plans so, you know, I would guess 2 The site does have existing water and 2 that unless development picks up out on Country Club 3 sanitary hewer lines available to It and they would be 3 Lane, it's probably going to be 10, 15 yeas mialmum. 4 the site would be subject to the open space of the 4 Ms. APPLF : okay, Thank you. 5 park land dedication. Fees probably would be paid In S MR. EN(lan CHTt Yes, Ms. Oourdie. j 6 lieu of the dedication of the actual land. 11to 6 M9.001LIRDIE; where's the nearest open 1 subject property is not platted and would need to be 1 space or public park to this area? I platted prior to any development. Notice of the I Ms. NUSSEN: 1 believe that would be South 9 zoning request was published in the Benton Record 9 Lakes Park. to Chronicle on April 18th,1999. 33 property owners 10 Ms. DOURDIE; Is that about a toile from 11 were notified by legal notice or certified mail, and I I there? 12 98 courtesy notices were mailed. Informaticnal signs 12 Ms.NWEN; well, actually by the slar. i ) were placed on the property, 13 MS, 001.)RDIS: okay. Thank you. 14 As of tonight I have one response in raver, 14 MR. FNOELBRHCHT; Mr, Rishei. u one response is neutral, and four responses are 13 MR R1S11W Thank you, Mr. Chairman. As 16 opposed, I've passed out those responses for y'all to 16 Hook at the letters that of public notice that o we, And this equals less than live percent o were opposed or fit favor of, is there anyone on your II opposition, So the 20 percent rule does not apply. A Is list that attended the mecUng of the 11 people that r t9 neighborhood meeting was held on April Val, 1999. I 19 you showed as a part of that neighborhood mating that a to Included a notice that I sent In your packet. also, 20 has registered a letter back in opposition? And I'm 21 the sign-in shit that I retrieved on that evening, 21 rwt wing any, I just want to make sure that I'm 22 16 residents attended the meeting including the 22 looking at this correctly. 23 applicants, And, uverall, it was a very successful 13 Ms. N1l.ssEN: No, air. I don't see anyone 24 meeting. And there was no opposition expressed that N on my list, 23 evening 10 the proposal, 25 MR. RISHW 1Jusl wanted to point that PLANNINO AND ZONING APRIL 2801999 Page 45 - Page Q 25. ' C t'. Condenseltn' Page 49 Page S l 1 out. Okay. 'Flank you very much. i the shaded part is the part that we are going to 2 MR. ENOELERECHT; Any other questions for 2 develop. 3 staff? Thank you, Ms. Nilssen. Is the Petitioner or 3 MR RISHEL: And you're just clarifying for f 4 Petitiotlrr's representative present? 4 us the fact that 5 MS. t7ANZFR: Kathryn, before you walk off, 5 MR KEY: This Is all zoned SP- 16. 6 can you put that other one back up that Shows where a MR. R15ttFL: okay. 'M ank you. That's what 7 tract I and 2 are? 7 1 needed to know, E MS. NILSSEN: ON Sure. I MR. KEY: This map right here shows the 9 MS.OANZER: 'thank you. 9 latest phase of Forest Rldga which is this piece 10 MR, ENOF.LERECIIT; Okay. Is Petitioner or to right here, which slows on this map as tat being 1 i Petitioner's representative present? If you would I I zoned, but it Is. 12 please give us your name and business address for the 11 MR RISHEL: All tight. IS record. 13 MR POWELL: Mr, Key, would the internal 14 MR. KEY; Kent Key, 3524 Bellmont And 14 eirculIlion of your two -I'll call them two is this is a piece of property that Greg twin and I both 15 subdivisions, but. I guess, it's one Subdivision zoned is own and w'e'll be and I'll be the developer on the to two different ways or something, sF•10 and sP•16? 17 site, We're pretty much as you can ace trying to stay 17 MR. KEY, Right is consistent with what's already here. We have SP•16 la MR. POWELL: Is the internal circulation to 19 planned for the beck, Actually, we're thinking we're t9 come from the west or from the south or from both? 20 going to have a little bit bigger lots than what 20 MR. KEY: We haven't really worked that out 21 Forest Ridge has, maybe up to a half an acre lots and 21 exactly yet. We'll do that In planing, Some of It 22 some lots even bigger than that This is also this 22 will obviously exit on Country Club Road. Soar of it 23 is not shaded right here at that I guess that's 21 will probably exit to El Pasco. 24 just an omission because this Is where the new pan of 24 MR. POWELL: Thank you. 2S Forest Ridge is right now and It's not marked sF•16, 2S MR. ENOELBRECHT: Any other questions for Page 50 Page 52 t but It is actually SF-16 fight here, So I think what I Mr. Key? 2 we have is very consistent with the area, with the 2 Ma K 61: thank you. 3 growth. We're about out of lots in Forest Ridge. We 3 Ma. tNaELBKwrr: Thank you. Is there 4 nerd more larger lots. I don't think you guys get to 4 anyone present who would like to speak in favor of 5 sec many of these larger subdivisions coming to you. S this petition? Anyone present to speak Ir. f wor of 6 So we're just asking for your support I 6 the petition? In that ease, anyone prm& . to speak 7 think you can sec in staff's backup that we could rune 7 in opposition to the petition? Ma'am, were you 6 this 60 percent denser than what we've asked for, not s wanting to speak In favor or maybe you're reutnt or 9 we're not trying to do that We're asking for rho 9 wmething, 10 SF-16's and the sF•10's, 10 MS Tts itit I'm In bctw . n. 11 MR. EN0171-B ECHT: Mr. Rishcl. 11 Ma. "CIMxECHT: All right I think flow's 12 MR. RISC IEL: The pan that's shaded Is the 12 the tuna to come down. If you would give w your name 13 pan that's you're proposed lot; Is that right? And 13 and address for the marl. 14 what you're saying Is the what's Immediately below 14 MS. TIsm: Yes. My name is Mary TlOw. 15 that is not yours, but It would, In fact, be an SP-16 15 And 1 live at 1101 Country Club Road. My property 16 classification; is that right? 16 my louse Is right In the middle of the 48 acres. I am I7 MR. KhY: You're hiking about here? 17 rearming the louse and throe acne, So I'm very is MR. RISHEL: YeS, Sit, I a concerned about what's going on around aw I know 19 ASR. KEY; That Is SP-16 and that's actually i9 that I like the development that W. Key has 1 A, 20 where I I ive right now and 1 owned a la of lots in 20 press wod. I we no problems with It My problem Is / J \ 21 here. That has already been developed, 21 this road business, The way that It looks the road ' 22 MR. RISHEL: The shaded part was intenal a would run right behind my backyard. Of rouse, I have 23 to be the pan that )uu're • we're currently looking 23 no control over that, but and It's very up In the 24 at now, though, right? 24 sir evidently right now. But the way 1 Understood 1% 23 MR. KEY: This (Ian right hero Is the 2s it was going to go all the way over td Hoban. It ` PLANNING, AND ZONING APRIL, 28, 1999 Page 49 • Page S 26. ' b I Coodeaselt"" Page S3 Page 55 I will go through to go through the Word Property, t and three acre la.. You;uya know about it And the 2 which has been purchased, Mr, Oilme, And then the 2 man Tom Swenson th-it's here tonlght was just Chancing 3 property which is going to be developed, the nine 3 the see ilrgl on this pkoe of property right here. So 4 acres and it will come out on Hobson Road, Mr. 4 there was a road that did go through hero at one time 5 Caldwell is building, I believe, garden homes that s to Wp get rid of some navy uarrle that would be In 6 will go out on Country Club Road 1 Mean, Hobson. 6 here That has since gone sway. 7 MR MHEL: we. Tishor, using the map, 7 Mx ENCELBRmff: Yeah That was based on z could you show us exactly where your residence is7 I that old Po. 9 MR. ENOELBRECHT: Ma'am, you can just point 9 MR xEY: Yeah. Tbrl's not going to be to at it right there, to haiipening, So the road behind Ms. Tisha's house is I I MS. TISHEIC I'm right here, This is my I I pnsty much a moot point because It would w go 11 family's borne. It's been there since 1935. I want to 12 tlu ough these large acreage lots over here. There 13 preserve it. And my husband and 1 went to live there. 13 would be no need For it. 14 And as 1 said, you know, I can't foresee any problems 14 MA ENGELBRMIT: well, Could you put Oat is and I sold the land willingly, but 1 didn't take into is o4w one back up and explaln how 16 consideration all of the little problems that could 16 u.A MI thds is just kind ora cmctpt 17 come up. 17 plan. This is nothing that we're a4lually set on yet. Is MR. RISHEL: Could you mow your finger is Dur what we're looking at - right hero Is where her 19 enough so we could see what your access how do you 19 exLaing road is approximately, We're coming up here 20 make access to the road there? 20 and we're going to lave a lot ,rd here to omw Into 21 MS, TISHEIt: Yes. From Country Club Road, 31 Mo. Tisher's house right there, 22 I have an easement up to die house. 22 Ms. MIL : okay. That makes us feel 23 MR. RISHEL: From Country Club Road? 23 bettor. 24 MS. TISHER Yes. 24 Me. KEY: when we bought the property, we 2$ MR, RISFIEL: okay, 23 triad tt buy it and she wetted to keep 1w land there Page 54 Page ii 1 Ms. TISHER: And it goes all the way up. I in the middle of 11 so that's the way we've worked 2 Well, It doesn't show it. This slows rile to W 2 that oui. 3 landlocked, 3 IvR ENoELSRECHT: is that basically where 4 MR. RISIIEL: That's our confusion. You 4 her entry is now? s summed it out, s MR, KEY: That's approximately right where 6 MS, APPLE: That's w4at we were thinking, 6 it Is. 7 You're trot going anywhere, 7 MR. WOELBAWrt: I mean, l understand a MR. RISHEL: And with the new plan, I'm It that's the rued, but to get into her house - 9 not quite sure Mr, maybe we toed sonteow else to 9 MR KEY: That Is actually where her entry io join in here. Mr. Key. to Is right now, I I M5 APPLE: I'm wont, ring where the road is I I MR. ENOELBRFOIT: okay, So she won't haw 12 that you tHrik's going to go behind your house? 11 to move then. 13 MS. TISIIF.R: Yes, That's what I'm 11 Wt. KISPELt And how many acres does 14 concerned about and then come out on that road 14 Ms. Tisher have there? is MR. RISIIEL: Don't run off. WN see le Is M0. KEY: she lute three, 1a Mr, Key can I6 Ms, APPLE Does that make; ou fa) better, 0 MR. ENOELBRECHT; Mr, Key Is right here 17 me-o n, to know Oat that road that you were thinking is behind you. We'll ask him to point out where these is is going to behind your house is no I"ger going to be t9 things are going to be, 19 there? Did he answer your qucstioO A 20 MR. x6y: There was - I think David may 30 Ms. TISREA; b'y question is where It will 1 ! y 21 remember. But there used to be a road when they 21 be. 22 platted this area right here, this sF•1o, which was 12 MR KEY: Thera won't be a road there. 23 Mi. Oilmc's, we purchased dial about oh -just three 23 MS. TISHUL Theta won'17 24 or four months ago. And that's all been rezoned to 24 mi. Rssau h's buffered by W. 2s or not remood, but replatied Into large lots like two 23 MR. KEY: This will be the back of houses PLANNINO AND ZONING APRIL 280 1"9 Page 53 • Page R 27. Condonselt" Page 57 Pagu 59 I 1 right here. The road will be back over bore. I would be adequate. 2 MS. TISHER: ON Okay. 'Bien my house would 2 MR. RISHEL: Okay, i 1 be among the houses rather than behind that? S MR. L.oNtr. But 1 would like to nuke sure i 4 MS. KEY; Yes, ma'am. 4 that th:re would be no change of that and conic back S MS. TISHER: That's fine. S and try to access through this street at some later 6 MR RISHEL: Do you foci better? 6 date. 7 MS. TLSI IER; Yes, l do. 1 FOCI getter. 7 MR. ENOELBRECHT; Weil, let me point out I I'll foci even better when 1 see it. 6 that when the property Is platted, you'll need to 9 MR. ENGE.LBRECHT: Well, ma'am, when they 9 watch for that, and that's. when that would shu,v up to come in to plat, then the whole City staff when they to because that's when they'll show the exact lot 1 I get there and look at it, they'll have to make sure 1 I specifications and the strocts, el cetera, all of it, i 2 that you have access to your property. 1 mean, that's 12 And in the meantime, engitaering Is here and dry have 12 a given. That's required. So but end, row, they 31 they have heard your concern. Bui if you want to 14 have sonic sense of where that's supposed to be because 14 talk to them, also, to Mr. Salmon, it wouldn't hurt. 16 of where your current driveway is and the way you Is MR. LONG: Okay. Are we made aware or 16 enter. So they'll be watching to see that you, that 16 these platting proposals? Is that another notice that 1t that's maintained. 17 will be sent out when this Is done? Is MS. TISHER: Well, there's plenty of road II MR. DONALDSON: No. There will be no ' 19 there for a road proper because my father bought the 19 public notice other than the published agenda. And I 20 land, the eight acre tract next to ours, to guess you could look for it on cable access and call 21 MR. E'.NOELBREt,11T: Okay. Thank you, 21 our of Ike periodically. 22 MS. TLSHER; Thank you very much 22 MA LONG; Okay. So bottom line Is at sonic 27 MR. ENULBRECHT; Is there anyone present 21 later dato the proponent could sock a prat that would 24 who would like to speak in opposition? 24 provide a cut-through? 25 MR. ENGFLBKFCIiT: Yes, Sir. If 2ou would 26 MR. RiSI1F.Lr t.7 that a vacant lot at this Page 38 Page 60 I please give us your name and address for the record, I Ome? Is that a vacant tot at this time? 2 MR. LONG, Ycot, Thank you, Mr. Chairman 2 hut. LONG: Yes. That Is correct. It Is a 1 and Commission, My name Is Michael Long. 1 live it 2 vacant lot, r 4 18 Rolling }sills Circle In Denton Texas. That's a 4 MR. ENGL. IRECHT; I can tell you this that s very Interesting proposal Mr. Key presented tonight, s having watched what goes on out here that 1 don't 6 Unfortunately, l wasn't Involved in the community 6 believe the Engineering Department will attempt to cut ~i 7 review carli;r, so 1 wasn't swore of what the plans 7 through at that point without considerable discussion s were, So I did bring sonic concerns tonight that 1 I with the neighbors first, even though It's not 9 would like to discuss and review. 9 requlmd, I seriously doubt that that would occur. 10 MP.. FNOeLBRFCt1T; if you'll ZOOM those in. to But it wouldn't hurt to make contact with the Planning I I MA. LONG, I was Interested in the plans 10 11 Depanmcnt, the Engineering Department and, listen, 12 access both tracts 1 and 2 of this roning proposal 12 there's nothing wrong with requesting that they give i s rathanEe, llccause as 1 understand right now, there is u l ou a phone call when this thing Is going to come up. 14 no roa5 connection to the site other than the graml 14 And Mr. Powell, you had a comment or question? Is road of Mrs. Tishcr's. And 1 do understand at one Is MR. POWELL: Mt, long, you might remember 16 time ihcre was a conslderation to make a cut•Orough 16 that was my question to staff, was Otte going to be a 17 fronr Rolling Itills to this property for residential 17 physical connection between here and the subdivision 1I occcss. And the area of concern Is right here at Lot I6 to the east. And we were told no. TV only , 19 57. This Is Rolling Hills Circe right here. 1 live t9 connection would be on El Pasco, Thcoretkally, that r, 20 approximalcly hire. I understand at one Otte Otte 20 means that there will be W physical connection ! r 21 writ some considcratlon to cut through a street for 21 there. Hopefully that was settled at that time. 2+ access to this property. And that would be 22 MR, LANG; Okay, All right. Thank you. 21 MR. KIST IEL: Now, that you have wn Or. 22 MA, ENrIELB&JlIT; bid you have others? 24 plan, has that - 24 MR. LONG; Yes. 2s MR. LANG If thal plat was to held, that 2s MR. ENGELBRECttf: Okay. Please. PLA NNINO AND'LONINO APRIL 29, 100 Page 57 • Page 60 zg. Coodenselt"r Page 61 Page 63 t MR. LONG: 1 do have a couple other items. I MR. RLsHEL: would you put your map back on 2 The access if it is off of El Pasco, right now Wows 2 there? i ` 3 to Ei Pasco Is only allowed or available through 3 MR. ENOELBRECHT: Did you have a question, 4 Forest Ridge. And that street is already fairly 4 Mr. Rishel? s congested, and there is a pedestrian walkway there. 5 MA. RISHEU I'm riot quite sure i sC tie 6 So I'm very f , semsted In how soon other access will 6 I guess this second cul-de-sac from the get-hand r be available say from the other end of E1 Pasco over 7 side is a connection to the El Fasoo tract; is that s to Country Club Road, because what this will do, s correct? 9 depending upon how the platting goes and taw the 9 MR. KEY: Correct to street access goes is increased congestion on Forest 10 MR. NSHEL: Okay. I I Ridge. Already a street that's used by approximately I I MR. ENOELBRECHT: Mr. Powell, did you have 12 400 homes and about 1,000 people for residential 12 a question? 13 access. 13 MIL POwTLL: lust a comment Mr. Key, 14 And then my last item has to do with the 14 it's not at all unusual for me and for the public to 15 southwestern gas transmission line that runs through 13 be confused about the different issues between 16 the east end of Tract 2. There is an underground gas 16 platting and zoning. 12 transmission pipe line that runs right along this 17 MR. KEY: t understand that They are 1a fence line. Of course, this is a residential Is confusing in that m&L:L That's why I was clarifying 19 neighborhood, Rolling Hills here. Cm concerned about i9 that there was no problem really with the zoning. But 2U the plans to safety trlans for construction proximal 20 it would a platting issue. 21 to this pipe line to ensure that there is no safety 21 MR. ENOELBRECHT: Ycs. 22 hazards presented to the neighborhoods, the adjoining 22 MR. MoRENU Mr. Key, show me where El 23 neighborhoods. 23 Pasco Drive would be in relation to your illustration 24 MR ENOELBRECHT: Okay. We'11 take that 24 here? 23 into account and we'll ask staff and, M cetera, 25 MR. KEY: You can see it right here. Page 62 Page 64 1 MR. 10NO: That's all I had. I MR. moitm: so it would kind of go along 2 MR, ENGELBRECIIT: Okay. And by the way, 2 the :Juthcm edge of the development? 3 with regard to that, feet free to call engineering and ) MR, KEY: Correct There are lots right 4 even after we've already talked to them tonight about 4 here that back up to this and then El Pasco runs right 5 what will be required during construction for s here. This is actually this actually lines up with 6 safeguards and that sort of thing. 6 Belmont, if you're familiar with that. r MR. LONG: All right. Thank you. I MR. MORENO: Thank you. a MR. ENOELBRFCI IT: Thank you. Is there s MR. ENOELBRECHT: Ms. Gourdie. 9 anyone else present who would like to speak in 9 Ms. ooumtE: Mr. Key, l wa3 just wondering 1 to opposition? Anyone else present to speak in to if you Hot be able to call Mr. Long when the 1 I I opposition? In that case, Mr. Key, would you taro to I I planing process comes up so he can be involved in it 4 12 make any remarks in rebuttal or Just simply respond? 12 in case he's not able to keep up with how wv know 13 MR. KEY: Well, I guess I'd just point out 13 bow the process works, if there might be an N that i didn't really hear what his problem was with 14 opportunity for you to just call him and say we're IS the zoning. He had some platting issues and not the 15 going Into planing process. Please go call the city 16 zoning issues. So 1 don't know Is the zoning still 16 Hall. f 17 a problem? 11 MR. KEY: Sure. I dsn't have any problem is MR. LONO: The zoning looks acceptable. Is letting him know. J9 MR. KEY: so, I mean, I would just point 19 MS.O(URDtE: Thank you. r' 4 20 out that it's we could go a lot denser, a lot more 20 MR. ENOELB REM: I realize that those are f 1 21 traffic on Forest Ridge. We're going less. That 21 platting issues. But time the gentleman is here, it 22 usually is a good thing that people support and the 16 22 would appear that you have no Intent to put a 23 people at that meeting highly suppoised that. So wt: 2) road through to r-iything into the Forest Ridge 24 had a neighborhood meeting and we worked out all 24 Subdivision? 25 issues that we had with the neighbors that night 25 MR. KEY: Where Mike's came from, I don't PLANNING AND ZONING APRIL 28, 1999 Page 61 • Page 6 29. t Condenselt"' Page 65 Page 67 I know, because it didn't come from me because 1 have l we on the front end? 7 never said that I was going to take that road 2 MIL KEY: YL& 3 through 3 MK ENCELBREctm. Any other questions for 4 MR. ENGUARECIm: Usually ^ it's been my 4 Mr. Key? Okay. Thank you, sir, The public bwring 5 exper-knoe that usually that's something that was 5 is closed. Ms, Nilssen, any foul staff remarks given 6 floating around the neighborhood for years before you 6 the discuss on? 7 ever got thet.. 7 Ms, wssEx lust one. I did want to just a MR. KEY: well, I've born there a lot of s let y'ali know that at the neighborhood meeting, these 9 years so it probably wasn't there before I got there, 9 comments and toncems did come up and I was very clear 10 but it did not come from me, io to the residents in attendance that this was a I 1 MK usGELBRECtm; 2te other question, how I i platting issue and that the developer understood that 12 will you we might ask this. 1 mean, it doesn't 12 if his lot conflguradons had to change, that if 13 relate to the zoning nocesswrily but since this IS public improvements were costly, that he would be 14 individual is here, haw will they handle the safety 14 subject to that and he underelands that. And I was 15 with rlard to that gas line that's through there. 15 very clear to the residents that the platting issues 16 Them's an easement, is there actually a line in it 116 would come at a later date, but that he would have to 17 and if s'n how will they handle that in tams of 17 abide by the City Code. So as far as the zoning it is safety? I I didn't apply, but that these issues were brought up 19 sic. KEY; It= are gas lines all through 19 and that's how what we actually hashed out at that 20 the City f Q:nton and all through cities almost. 20 meeting was platting issues. And 1 believe Dave 21 7bcre's almost no cities that don't have high pressure 21 Satnm had a comment for you ss %ell. 22 gas lines because we use those and everybody uses them 22 MK sALmom 7be main thing 1 wanted to 23 in theirdaily life So actually what we've done here 23 mention. We've had quite a bit of discussion about 24 if you can see. What we've gat pnctiminAy laid out 24 the layout or the subdivision and the seem t Just 25 here for our place is bigger Im to gel our houses 25 wanted to be perfectly clear that we haven't agreed to Page 66 Page 68 I farther away from it, a lot farther away than what is 1 any particular lot layout or street layout. As a 2 over here whore they live in the SF-i6 lots. These 2 matter of fact, and, of course, understanding this was 3 will be sF•I6, but they are it lot. I mean, they're 3 preliminary that it showed you this evening, the 4 zoned SH6, but we're looking at half sere lob right 4 applicant's layout does not meet our City standards, s now. So we're pushing the houses away from them. s so it is going to have to change to some extent. So I 6 MR. ENGELBRECUT: Right, But 1 think it's 6 didn't want anyone to have the Idea that that i 7 the safety of his home that he's concerned with 7 particular layout was something that staff had already a because they are closer, s condoned or said was okay. 9 MR. RIsnu That's right, 9 MR. MHEL: Give us a littk feel on how 1 10 MR. RNGELBRECHT: 1 mean, what do you do to to it doesn't apply, would you, David? I I minimize the chance of them hitting one of those 11 MR. SALMON: The main issue is that we only 12 1 incs? 12 allow 30 lots in a one entrance subdivision and you 13 MR. KEY: well, you keep the construction i3 will have noticed on that particular diagram that each 14 away from it and our construction actually all of 14 section of that subdivision had only one entrance and 15 our strccLS and everything are out hete way in front 13 1 believe over 30 lots. So we're going to have to t6 of th t gas line, Our water and sewer drainage is, of t6 figure out some little bit different way of either 17 course, according to the City, are going to be up here 17 interconnecting the two parcels and making sure we is in the stroct or in the parkways. So all that is have two accesses or having an alternate access for r 19 drainage flows 19 each parcel to El Pasco most likely. 20 MR. LNGF.LBRECFR: You shouldn't have any 20 MR. FNGELBRECHT: Yes, Ms. Gourdie. i 21 excavation back there? 21 Ms, omwta fm kind of concerned now 22 MR. KEY: No. But I can assure yuu if we 22 because 1 would like Mrs. T'ishcr to have her 23 do we will be In close contact with the gas company. 23 opportunity to safeguard she doesn't want a road 24 Ms. APFLE: You call before you dig. 24 on her properly or to face t= property or whatever, 25 MR. RISHEL: All your connections and laps 1s how does if we approve this, we have this PLANNING AND ZONfNO APRIL 28, 1999 Page 65 • Page 6 30. r t^on4lcoselt"' ~ Page 69 Page 71 I impression that Mrs. Tisher's desire to have a road I roquucmcnl. We have a lot of options that we can do. 2 not up against her property will be fulfilled end we 2 We can also stub a street/ over here Into El Pasco for t 3 have this impression that Mr. Long's request will also 1 future tie-In. I mean, our options we don't have 4 be in a way so I'm kind of l'ia perplexed as to 4 time to talk about all of our options. s what to do here because I am so thankful for Mr. Key S MS.000IL11E: 1 appreciate vat slowing that 6 for putting in large lots end so forth but I'm 6 because I know fee'.hrs 711sher and for Mr. Lo% they 7 concerned because the neighbors we're saying, sure, 7 don't know haw thd: whole process really works, and to s this looks good, but then if it goes and it doesn't I hear you say that and give them a visual, I know that 9 work to City standards, we're not giving the 9 that helps eases some of the tenston about the 10 neighborhood their fair due. 10 unknowns, So thank you Mr. Key for doing that. 4 1 I MR sAtmw: well, it's very rare that we 11 Ma KEY: You bet 12 ever work out the street layout with the zoning. 12 Ma ENGELOUX11 t Even given that this 13 Ms. 00MIE: Right. I undcNom that. 17 really not related to the zoning, it certainly helps 14 But I guess what I'm saying is, is when you go into 14 when we have folks here concerned about those kind of 15 the platting process and Dec and so forth will these 13 things, 16 issues of Mr. Long and Mrs. Tisler be considered m a 16 Me. KEY: sure. And that's why we're here 17 priority to Mr. Key and to Mr. Irwin when they're 11 to answer your quest As. is doing all this? 1s MR IENGELaRECHt: Appreciate It. Thank 19 Ma SALMON: Right, And it's been some to you. Okay. Ms. Nilssen, any other remarks? 20 tune ago. We have had discussions with Craig Irwin 20 Ma Nit.ssEN: well, just because he's 21 and Mr. Key, and the comments I made this evening were 21 flashing that preliminary land plan around I just 22 no surprise because I've made them to them. So, you 22 wanted y'alI to be aware that that was part of the 23 know, they know we're going to have work out somcQdng 23 submittal and h made it very clear to the englrw for 24 a tittle bit different on the access. I mean, in 24 the applicant that I needed something else. And that 25 general, there's nothing wrong with the way thy've 13 preliminary land plan -Am never part of this proposal Page 70 Page 72 I got the streets arranged. Thcy just reed to have t as far as staff was concerned. 2 they either rued to have some sort of interconnection 2 MR, ENOeLBRECHT: Yes, understand. 3 between the two parcels Of they're going to have to 3 Ms. Na ssem other than that 4 have some additional access to El Pasco. 4 Mx Em au-,ECttT: Ijust wanted to point 3 MR. RISHEL: Mr. Key Is used to thinking on s out that you had Indicated that during the 6 his feet. Maybe Mr. Key could come back up and kind 6 neighborhood meeting, you'd pointed out that those 7 of present to us what he saes as potential options for 7 things would be taken care of in platting. But 1 do 5 us. s want to point out that the difficulty for the 9 MR. KEY: well, to answer Ms. Gourdie's 9 neighbors, for the community, is, is that that's not to question, l think that I have to abide by all of the 10 giving public totificatioti, no mailings, so it's much i I ordinances that the City has and I realize that what I1 more difficult as a community member to follow the Ii we the reason I showed you this tonight which 1 12 platting. It's extremely difficult as a matter of i s hesitated to do was to show you where Ms. Tishcr's U fact because posting It on the barn door down here Is 14 property laid. 14 not very valuable to anybody, truthfully. And posting 1s Ms ooLrRntE: I understand. Is it at times unknown to anybody on Channel 26 isn't 16 MR. KFY, And this is not our final plat of 1s helpful to anybody. Since we have no given place at a 17 thus piece of property. And we have thouglll about how 17 given time other than the front door of the City Hall, is we're going to Lcccss and how we're going to tic is which Is archaic for which we plain these things, then v 19 together. We have a couple we have several to I think we do have a responsibility to those folks to s , 20 options. We have 33 lots tight now. Your minimum is 20 do as much as we can to address these kinds of issues 1 21 30. We would be able to come back end ask for a 21 when and where they come up, because it's very 22 variance for that since we're dealing with such large 12 difficult for them to track them. They're doing other 23 lws. We could do that. We could also come back and a things with their lives and I'Ne been down this road 24 cut this down to 30 lots and meet the requirersenI. We 24 and it's lough to follow Ihern. And 1 know you've sai4 u can tie from Lot 7 to Lot 19 right here and erect the 25 you know, you told them, but that doesn't make it PLANNING AND ZONING APRIL 29, 1999 Page 69 • Page 7. 31. • t. Conticnacltr" Page 73 Page 75 I any easier for them to track the process. So with I Council of proved. They approved the variance along 2 that, I'll hush up. Did you have a comment? 2 lndvstrial. And then we got Into all of the ii 3 MS. GANZER: I'd tike to make a motion. 3 awexations that are going on. First reading for the I 4 MR. ENOELBREM: Oh, okay. 'shank you Ms. 4 Thistle Hill, rust reading for the involuntary 5 NiIsscn. s annexations and first public hearing for the 6 M5, GANZER: I move to recommend approval 6 annexations of an additional 200 acres. Related to of Z-99-013. 7 the anne r ations in that southwest corridor, they 9 Ms. APPLE: Second. 8 actually initiated a voluntary annexation process for 9 MR. ENGELBRECI IT., It's been moved and 9 Robison Ranch. That will go parallel to the 10 seconded to recommend approval. Is there any 10 involuntary, as 1 understand it, until the 3 I th hour I I discussion on the motion? 1 would simply add that I 1I and then one will carry over the other. 12 do believe that m a body we will all be looking 12 And started summarizing just the final plat 13 closely at the plat when it comes In for this property 13 activity for bath single family residential and 14 in the future. I know at least one member will. And 14 nonresidential. This would be for the six months from Is with that, l will ask all those in favor to please is October 1 through March 31. And I notice that 1 16 raise your right hand. Motion canes unanimously. i 6 actually forget one single family residential plat, so 17 And at 1;15 we will move on to the director's report it there's I'm showing 380. There's an additional 76 to Mr. Donaldson. is lots created in Chaucer Estates, so the total for the 19 MR. DONALDSON: I promised Mr. Bucck that 19 half year is 450. Actually, it's a little behind the 20 we'd be out of here early this evening and we have the 20 pace for the '98 calendar year, but I think we'll 21 opportunity to fulfill that. At the April 20th City 21 catch up to that pretty quickly here. 22 Council meeting there was a very full agenda. 1 have 22 And Tab 9 is the pending caseload. There 23 included In your backup a summary of the planning 23 are lots of public hearings scheduled for the May 12th 24 related items. Council approved rezoning for the 24 meeting. 25 student-oriented housing at Meadow Street north of 2$ MR BLtcm- Mark, on time three Page 74 Page 76 1 1-35 and for the student-orkntcd housing near I annexations, we had a technical Issue on our notice 2 Southern Hills Boulevard next to Pam Crossing, 2 and we didn't mention the temporary zoning in our 3 approve the rezoning there were additional 3 notice, so we're b:4aging that back to you just so we 4 conditions added to time relating to kt's we, 4 can tie that legal technicality up at the next 3 the Meadow Str¢ct, masonry fence, the one bedroom to s meeting. May 12th, we'll conduct a public hearing 6 parking relationship, limiting the density at Meadow 6 regarding tic zoning related to those annexations. 7 Street to 23 units per acres and at Southern Hills to 7 MR ENOELBRECHT: Is that it? it a total of 288 units. Again, landscaping buffering 6 Commissioners, any questions or comments? 9 and fencing issues there as well. 9 MR. POWELL: I have a comment, but not on 10 At the Cox property to SF-7 they added an to this. i I additional condition requiring 75 percent masonry. I I MR. FNOELBRECHT: Mr. Powell. 12 Approve the rezoning of PD-41, which was denied by 12 MR. POWELL: I just wanted to point out U planning and zoning commission and appealed to City 13 that tonight what we did and I have to admit that I I4 Council, continued for several meetings. In the 14 voted for I% we approved a flag lot. t5 interim the growth management strategy came out and Is MR BUCEK: But it was a big flag. 16 conditions changed so, ultimately, the approval of the 16 Ms. APPLE: a was a big flag. 17 rezoning is to a conditioned commercial zone district 17 MR MORENO. it was a banner. IP at that site. Again, that's inside the loop north of IN MR. ENOELBRECHT: Move to adjourn, r 19 Pecan Creek, just south of McKinney a ways. They 19 MR. POWELL! Second. 4, 2J approved a partial variance from the sidewalk 20 MR. F.NOELBRECUT: We're out of here. 1 21 requirements for the Mill Scrod subdivision. Again, 21 Thank you. 22 that's one that the commission denied in total. We 22 23 had some discussion about along the variance, along 23 24 Industrial, remember there was one comer lot at Mill 24 25 and Industrial, that's the partW vLd&nce that 23 PLANNING AND ZONING APRIL 28, 1999 Page 73 - Page 76 32. ' p G W,111a1Wl1Mn.~M'lGLdrPSw/dYwwiMJIfY ATTACHMENT 4 } I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 46.194 ACRES OF LAND TO SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USF? DESIGNATION FOR 21.853 ACRES OF LAND (TRACT 1) AND SINGLE -FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATION & USE DESIGNATION FOR 24.341 ACRES OF LAND (TRACT 11) LOCATED IN THE T. MARTIN SURVEY (ABSTRACT 900) EAST SIDE OF COUNTRY CLUB ROAD (FM 1830) BETWEEN HOBSON LANE AND SAUNDERS, DIRECTLY WEST OF ROLLING HILLS CIRCLE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-013). WHEREAS, Burke Engineering, on bchalf of Bill Orr and Craig Irwin, has applied for a change in zoning for 46.194 acres of Iaird from Agricultural (A) zoning district classification and use designation to Single-Family 16 (SF-16) and Single-Family 10 (SF-10) zoning district classification and use designation; and WHEREAS, on April 28, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 11. That the zoning district classification and use designation of the 46.194 acre property described in the legal description attached hereto and incorporated herein as Exhibit "A" is changed from Agricultural (A) zoning district classification and use designation to Single Family 16 (SF-16) Zoning District Classification & Use Designation for 21.853 acres of land (Tract 1) and Single Family 10 (SF-10) zoning district classification and use designation for 24.341 acres of land (Tract 11), under the comprehensive zoning ordinance of the City of Denton, ! Texas. SECTION 1, That the Cily's official toning map is amended to show the change in zoning district classification. SECTION 111. That any person violating my provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.0(„ Each day that a provision of this ordinance , is violated shall constitute a separata and distinct offence. SECTION IV. What this ordinance shall b come effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this i 33. t ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,1999 I i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: i HERBERT L. PROUTY, CITY ATTORNEY BY: L { I Al { 34. c , flay 11 '99 141M, LR CIIV441: £i Wei TIM BM-W(V,'d4 r• ~ , it r EXHIBIT A r~ "104330 HELD NOTES TRACTI 21.8!13 ACRES BEING o1I that certain lot, tract or parcel of land situated in the T. Martin Survey Abstraci tr,xrber 900, in the City of Denton. Denton County, Texas. baling a port of tW certain tract of Isnd conveyed by deed from First Stets Bank of Denton to H.S. Osborne recorded in Volume 1093, Page 84, Deed Records. Denton County, Texas and being as part of that certain (called) 38,73 acre tract of land conveyed by deed from Wolter P. Ross and wife, Shirley L Rosa to H.S. Osborne and wife, Edna M. Osbor.?io recorded in Voks'ae 385, Paps 337, Deed Records, Denton County, Texas, and being more parilcuiarly described as follows: BEGINNING at an iron rod found for corner in the west tine of Lot 79, Block B. Forrestridge Section Two, an addition to the City of Denton, Damon County, Texas according to the plat thereof recorded in Csbirw C. Page 12, Plat Reoords, Denton County, Texas, said point being the southeast comer of said 38.73 acre trod and the northeast oorw of that certain (Called) 21.617 acre tract of land conveyed by deed to Barnett L. Martin recorded in Volume 1025, Pape 58, Deed Records, Denton County, Texas; THENCE S 89.55' 65" W. pass at 842.9 feet the northeast corner of that certain tract of land conveyed by dead from Marilyn Perryman to M.W. Simmons and wife, Patricia C. Simmons recorded In Volume 890, Page 337, Deed Records, Denton County, Texas, a local distance of 990.08 with the north line of said Martin and Simmons tracts to art Iron rod set for corner, THENCE N 00' 18'48" W, 957.97 feet to an iron rod set for corner in the south line of that certaln trail of land conveyed by deed from William S. Colville to Gfovanl Giomi recorded in Volume 3186, Page 388, Real Properly Records, Denton County, Texas, THENCE N 89' 31' 44" E, 990.08 feet with said south sine of sold Gioml tract to a fence corner for corner In sold west line of said Foffesirldge Section Two; THENCE S 000 18' 48" E. 964.93 feet with said west line of said Fort estridglo Sodlon Two to the PLACE OF BEGINNING and containing 21.853 acres of land. r 1 35. ' C I•lay 11 '99 L4125 LAID WE %PR E'i TEL D173Err'97P4 r. a "10433b FIELD NOTES TRACT II 24.341 ACRES BEING all that certaln lot, tract or parcel of land situated in the T. Martin Survey Abstract Number 900, in the City of Denton, Denton County. Texas, being a part of that certain tract of land conveyed by deed from First State Bank of Denton to H•S. Osborne recorded in Volume 1093, Pape 84, Deed Records, Denton County, Texas and being a part of that certain (called) 38.73 acre tract of land conveyed by deed from Walter P. Ross and wife, Shirley L. Ross to H.S. Osborne and wife, Edna M. Osborne recorded in Volume 385, Pegs 337, Deed Retards, Denton County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found for comer in the west line of Lot 79, Block 9. Forrsstrrdge Section Two, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded In Cabinet C. Page 12, Plat Records, Denton County, Texas, said point being the southeast comer of said 38 73 acre tract and the northeast comer of that certain (called) 21.617 acre tract of land conveyed by dead to Bemett L. Martin recorded in Volume 1025, Page 58, Deed Records, Denton County, Texas; THENCE S 89.55' 66'W, pass at 842.9 feet the northeast corner of that certain tract of land conveyed by deed from Marilyn Perryman to M.W. Simmons and wife, Patricia C. Simmons recorded in Volume 1990, Page 337, Deed Records. Denton County, Texas, a total distance of 990.06 feet with the north Ilns of sold Martin and Simmons tracts to an iron rod set for PLACE OF BEGINNING; THENCE S 89.55' 65" W, pass at 580.1 feet the northeast corner of that certain tract of land conveyed by deedfrom Billie Jean Smithers e1 al to Douglas K Wolfe and wife, Lori J. Wolfe recorded in Volume 2068, Page 512, Real Property Records, Denton Court, Texas, pass at 748.5 feet the northeast comer of that certain tract of land conveyed by deed from Susan Elizabeth Hoffman Heath to Denton Property Ltd, recorded in Volume 2017, Page 165, Real Property Records, Denton County, Texas, a total dlstsnce of 990.42 feet 1 along or near a fence Ilne and with the north line Of said Simmons, Wolfe and I Denton Property tracts to a fonts comer for corner, said point being the southeast corner of that certain tract of land conveyed by dead from Monk Clearman to H B. Sly at sl recorded in Volume 1421 Page 10, Real Property Records. Denton County, Texas; THENCE N 00.30' 16'E, 761.34 feet with the east line of sold Rly tract to a fence con per for corner, sold point being the northeast corner of sold Sly tract; THENCE S 89' 43' 10" W, 641.68 feet with the nalh line of said Bly tract to a fence comer for comer in the east line of Form-to-Market Highway Number r 1 ' 36. i u I I f4+9 11 '99 14125 Wb11F+FJi S1 Ee' 81736147 1 r. 1830, public roadway having a righl4Fway of 00-01"t THENCE N 00' 33' 01" W, t 87.83 teat with sold east fins of said F.M. Highway to a fens corner for oornsr, sold point being the aouthwad comer of that certain tract of land conveyed by dead from Willem S. CoMis to GWV6M Giomi recorded In Volume 3186, pap 386, Real prop" Reoor 4 , Denton County, Texas; THENCE N 89' 31'440 E, 1622.01 feet with the *Outh WA of std O+omi trap to an Iron Irod wt for caner; THENCE S 00'18' 40"E. 957.97 feel to tM KACE OF SWINNINO and containing 24441 act" of land. i j i 37. Y . It t, kptut R No. - NNtt ' Z AGENDA INFORMATION SHEET j AGENDA DATE: June 1, 1999 DEPARTMENT: Parks and Recreation Department ACM: Rick Svehla SUBJECT: Hold a public hearing and consider a resolution granting approval or a subsurface use of a portion of North Lakes Park adjacent to Donnie Brae for the installation and maintenance of drainage improvements to accommodate the flow of storm water runoff from the $6.5 acre contributing water shed including Windsor Ridge, Windsor Heights, undeveloped property and the Fairfield Centre, Limited development into Pecan Creek in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a permit or license and providing an effective date. BACKGROUND: The Fairfield Student Housing Development (PD-86) is a 256 unit, multi-family development located south of Windsor Drive and west of Bonnie Brat. Storm water runoff from the development, as indicated on the Preliminary Plat, was directed to Pecan Creek, which flows into the retention lake at North Lakes Park. The runoff would flow through a 230' underground channel through a portion of North Lakes Park. State law as defined in Chapter 26. Protection of Public Parks and Recreational Lands of 1 the Texas Parks and Wildlife Code requires that a "(a)... municipality of this state may not approve any program or project that require 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) ;here 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." If the proposed drainage use is allowed a value must be placed on the 4,600 square foot section and charged to the developer, In addition, land disturbed in the park will be returned to its original condition. The Parks and Recreation Department reviewed with the developer ail other possible solutions to accommodate drainage. One solution discussed was to obtain a drainage ' easement from other adjacent property owners. Fairfield Student Housing looked into this, and the adjacent property owners were not agreeable to the request. To pursue this solution would require the City to utilize its eminent domain procedure. Another solution was to require the developer to run the drainage in the Bonnie Brae ROW (paved area). This approach is very difficult to engineer. There is only prescriptive ROW on Bonnie -t- ENNIS n u 4 Brae at this time, therefore, the drainage improvements would occur at a severe angle under the existing pavement on Bonnie Brae, requiring an extensive street cut and patch, and atypical water flow patterns. OPTIONS, Because other solutions to this issue have proven to be impractical, the Council option remains to approve the use as presented or authorize a condemnation action against other property owners adjacent to the Fairfield Development. RECOMMENDATION: After reviewing all other alternative staff recommends approval of this use in North Lakes Park, Because the use occurs underground, there is no direct reduction of park land available to the general public for recreational use. There would be no impact on current park operations or programs, The Parks and Recreation Department has indicated that the developer investigated all other alternatives and has used reasonable planning to minimize barm to the land, including erosion control at the point of outlet, and restoring the park surface to its original condition. j ESTIMATED SCHEDULE OF PROJECT: Construction on this development is projected to begin in July 1999 with completion in the summer 2000. PRIOR ACTIONIREVIEW: I The Parks and Recreation Board unanimously recommended approval of this item at their May 13, 1999 meeting. FISCAL INFORMATION: A fair market value for the park lard utilized for drainage purposes will be established by an independent appraiser, conducted at the developer's expense. Typically for underground drainage use, the city has paid 50% of the land value, which will be implied in this case as well. These funds will be collected prior to construction of the improvements and will be deposited in the Park Development Trust Fund. The funds will b+: -:sed for improvements within North Lakes Park. 1 BID INFORMATION: Not applicable MAP: Attached Respectfully submitted: Ed Hodney, Director,, Parks and Recreation Department Prepar by, Jane impson, ssis Director par s and Recreation cpartment i I . I V i KN IMWLiYI4'!LL4 ttiYr,'~MY~'RIYMI IRYI-Y RESOLUTION NO. A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF NORTH LAKES PARK ADJACENT TO BONNIE BRAE FOR THE INSTALLATION AND MAINTENANCE OF DRAINAGE IMPROVEMENTS TO ACCOMMODATE THE FLOW OF STORM WATER RUNOFF FROM THE 563 ACRE CONTRIBUTING WATER SHED INCLUDING WINDSOR RIDC:E, WINDSOR HEIGHTS, UNDEVELOPED PROPERTY AND THE FAIRFIELD CENTRE, LIMITED DEVELOPMENT INTO PECAN CREEK IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 26.001 of the Texas Parks & Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there Is no feasible.utd prudent alternative to the use of such land for the proposed project and the proposed project int?udes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, Fairfield Centre, Ltd, (Fairfield) proposes a development in the vicinity of North Lakes Park (Park) that pursuant to the City's Subdir ision Rules and Regulations requires the construction of an underground storm sewer channel that will drain storm water runoff into Pecan Creek; and WHEREAS, Fairfield desires to construct the drainage project through the Park since alternative drainage options would not be feasible and prudent; WHEREAS, on May 13, 1999 the Park and Recreation Board held a meeting and received testimony from City staff and citizens regarding the alternatives for installing the drainage project in the Park and reconunends to the City Council that there is no feasible and prudent alternative to the use of the Park land; WHEREAS, the City provided notice in the Denton Record Chronicle on May 9, 16 & 23 of a Public Hearing to be held on June 1, 1999 in the Council Chambers to consider the alternatives to the use of City Park for the subject drainage project; and WHEREAS, the City Council on June 1, 1999 received testimony from City staff and citizens regarding alternatives to the use of the City Park for this drainage project, which includes, but is not limited to, the following: (r) Obtain a drainage easement by eminent domain fhm a neighboring property owner, t (b) Install the drainage channel under the existing prescriptive street right-of-way for Bonnie Brae which would result in either the temporary closing of at least one lane of the two lane street or the closing of the entire street during construction of the channel which would result in an atypical stocn water flow pattern. -3- ~'X.lat~aLryrar~dn.berrt~YJr,r,.M W+Irr I WHEREAS, tha City Council finds that the fact situation discussed above does not fall within the purview of Sec. 253.001 of the Texas Local Government Code; WHEREAS, the City Council finds that them is no fea.Mble and prudent alternative to the use of the Park land and that the drainage project when constructed in accordance with provisions of the permit or license as described below will minimize the harm to the Park land resniting from the proposed use and the surface of such Park land effected shall remain useable for the Park patrons once the construction of drainage improvements are completed, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON RESOLVES: SECTION 1. That the Drainage Channel proposed by Fairfi-ld be constructed and maintained beneath the surface of the Park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the channel be restored to the condition to which it existed prior to the installation of such channel so that the Pa,k land may still be used by its patrons after completion of the project in the same manner it was used prior to the drainage project. SECTION 11. That a permit or license which is revocable as required by law be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the Park property as referenced above with appropriate provision to insure the Improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the Park from Injury and damage both during and after construction of t%. project; protects Pecan Creek at its juncture with this proposed drainage channel from further erosion; compensates the Cite for the reasonable market value of the use herein granted and generally protects the health, safety and general welfare of the City. SECTION III. That during constriction of the improvements above, the construction contractor may have temporary use of such additional park land necessary to atage the construction of the improvements as may be approved by the Director of the Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior the beginning of such construction activities. SECTION 1V, That the above improvements must be completed prior to the issuance of a eertificate of occupancy for the Fairfield Project. SECTION V. That the rights and benefits set forth in this resolution may not be assigned without the express written consent of the City. SECTION VL That tli,• permit or license above granted shall to the extent allowed by law constitute a covenant running with the land and be filed in the Deed Records of Denton \ c County, Texas. SECTION VII. That this resolution shall become effective immediately upon its passage and appro"al. Page 2 of 3 -4- KNt0.WLIW.Np~Wr9.~MiW I~WY PASSED AND APPROVED this the day of .1999. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY* CITY ATTORNEY BY: I 1 y t 1i' G Page 3 of 3 _y, i I DRAFT a I Parks and Recreation Advisory Board May 13, 1999 Senior Center Members present: Don Edwards, Dalton Gregory, Dale Yeatts, and Willie Hudspeth. Staff present: Ed Hodney, Janet Simpson, Kathy Mosby, Bob Tickner, Janie McLeod and Lancine Bentley. Chairman Lon Edwards called the meeting to order at 6:03 p.m. Ed Hodney Introduced Lancine Bentley, as the now Keep Denton Beautiful Coordinator. Ed said Lancine had come to Denton from Fort Worth and will periodically attending the meetings. The minutes from the April 0 Board meeting was approved by a motion made by Dalton Gregory and seconded by Dale Yeatts. The motion passed, DISCUSSION ITEMS - Held for later In the meeting. ACTION ITEMS Consider a Request to Utilize City of Denton Pork Property (North Lakes Park) for Drainage Purposes. Janet reported that the Fairfield Housing Development has requested to utilize City of Denton park property (North Lakes Park) for u,atnage purposes. Their request is to install approrimateiy 230 feet of underground storm sewer on park property to facilitate dralnnge of the development located west of Bonnie Brae and south of Windsor Dr. The land prorosed to be used Is located east of Bonnie Brae and south of Windsor Dr. After reviewing all other alternatives, staff recommended approval of this use in North Lakes Park. Janet said because the use occurs underground, there is no direct reduction of park land available to the general public for recreational use. There would be no impact on current park operations or programs. Willie Hudspeth asked in any trees would be removed. Bob Tickner said no trees would be affected. Dalton Gregory made a motion to approve staffs recommendation. Dale Yeatts seconded the motion and it passed unanimously. Consider a Requesi far Fiber Optic Communtcallon Purposes. Janet Simpson reported that the Denton Municipal Electric requested installing fiber optic lines from North Lakes Recreation Center, east on Windsor Drive for the entire length of the park. The line will terminate at Hinkle Street, The line will run underground, 9.5 south of the curb line. After reviewing all other alternatives, staff recommended approval of this use in North Lsxts Park. Because the use occurs underground, there Is no direct reduction of park land to the general public for recreational use. There would be no impact on current park operation or programs. - Gregory Dalton moved to approve staffs recommendation. Dale Yeatts seconded the motion and it passed unanimously, -6- t Parks and Recreation Advisory Board May 13,1999 d Page 2 Consider a Request to Provide Street Improvements on North Lakes Park. Janet Simpson reported that a plat is about to go to City Council that will include the following street Improvements on North Lakes Park; a Left turn lane southbound into North Lakes Park at Bonnie Brae and the proposed Westward Drive • Two lane park entrance at Westward with a 40' long extension into the park to allow stacking for two vehicles • Demolish existing entrance at the disc golf course and provide curb and gutter • Temporary rod from existing disc golf parking lot to the new entrance. Staff recommended that the Parks and Recreation Department enter Into a Memorandum of Understanding according to the specifications outlined. The benefit to the park by expediting long-range improvements Is sufficient to allow the expansion of ROW Into the park. The Board was asked If they would support the improvements as beneficial to the Park. Dalton Gregory moved that staff's recommendation be approved: Willie Hudspeth seconded the motion and it passed unanimously. w i t'Ir~ : C FAIRFIELD RESIDENTIAL LLC w 4 WW (lirfl0le •Pro P07101.e0M j Mr. Mike Iez, City Manager Mr. F.d,f todncy, Director of Parks Cityef Maloo 215 E. McKirmey Dentor4 Texas 76201 RE! Itegoest for Sturm Water Conveyance at North Lakes Park Dear Sin: Fairfield Residential Is requusting approval to convey storm water from our Studeat Hou2iT'8NU ti-Family deve1cpinent Mail to portion of North Laces Park in a public Drainage Bastment. This development 6 picking up the storm water run off from the upstream single i fsmlly development and conveying it with our to off via undertround storm pipe. It isour intention to outfatl the system 4 the existing Pecan Crook on the park property (Exhibit A). This proposed alignment will ow us to discharge our storm water into the existing ditch and detention pond while eatini the pressure on the Wsdng drainate sbvcwree tender Botmle Sri;. Care has been taken to Minh dally impact the park I" no trees will be impacted and the grass wi 1; be replaced. All improvertienta will be made per City desita criteds. and appropriate erosion control meastues will be providod. We have explored the other opgoos for Letting out Storm Water Into the Reiloaal Detection Pond; however, the adjacent property ownert were not witting to dedicate easements at this time ad the right-of-way widths of Windsor and Bonnie Brie will not accommodate our proposed storm sewers. We appreciate the dillgenee city,' rAff has shown in working on this issue with , _ Should you have any questions please do not hesitate to aU me. Sincerely, Lori E. Ellis cc: Larry Rheichhatt, Case .~Isnaget k, . Robert Iebavy, Brockene Davis Drake r011NUtAHi``nnr Ho.t04tJ0i isle 4ert1emu0rnf.Oritr200 Omit hffrlf, Trr>«f 7x020 Sill aelbhlif0nla 12121 IIt111L04400 1u(IO)O40.14r41 (619)A)7412) futl'0) 41?•2112 i ,i , DENTON JOHN •j1' 35 iai1U H Dlb ~ t~~'! • ~ s•.'a L~.~ NORTH Lames PARK' Sd TE • i r1 I . uMn RLrr m Rig A. r.qJ 01 . Y :t,;• i -4- Sow. ~ _ .r saran XV IRV r YYi Y•r w' fiI fl ~ R.g-IL"5.... alter Ij LI~t7M PLO* 411 orr, 00101 rs M°MSarNaa + All III i ~ lY C6om!".Si ur u•w r rr r rr 701 rorc 3 !pry - ` ~ ~ 1 1 ' awe a" i ~ J_._ ` • YW VN.r1Y•M STUDENT HDUSMIG at e W VAtMAL A 81 Ito 11 w Y • ^-a:-i939 71+So kKJCMETIE-rpyli-DRgcE.,ltir . 274~@24♦T0G4 1.02 F+ s w RCA 'I I tOO 6M A' s~ CONS (TO MATCH rASnhc fCIN 2-6'R 4' MBC CONCK RUBBLE ~7~"~YC RIP-R~t l d ' 158.59' TQ , 18003'01 K NA$ ST %VNCT. 5 FOUND Eo ON 720 RCP R.0 W. DEDIC it LINE 'A' i PRIVA i RCP a I i 3+65 UNE 'E' t! 040 0= C C r R Sf. ,E1N o TION 60>< L11 I IEON 60' RCP v ~ EXH181T A ~ m 3 TOTAL P.02 i -11- I AGENDA INFORMATION SHEET RR-o22 Apr& hem tale AGENDA DATE: June I, 1999 DEPARTMENT: Planning Department CMIDCNIIACn1: Rick Svehla, 349-7715 7 SUBJECT - Lubbers Addition (A-86) Consider adcpting an ordinance to involuntar ly annex a 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road (see Attachments 1 and 2), to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. This is the first reading of the annexation ordinance. BACKGROUND Allen Lubber& is proposing to develop a 19 (rental) lot manufactured home park (MIIP) on the subject property. At present, it is located in the extra-territorial jurisdiction (ETJ) of the City of Denton, providing the City with only subdivision regulation of the development. The develuper is proceeding with subdivision procedures. As a development in the ETJ, zoning regulations do not apply. The city would have no control over the land use (zoning) or design standards of the proposed development. Development of the Lubbers Addition manufactured home park will require several public improvements. A preliminary list of these improvements includes: L Righl•of-way dedication along Edwards Road. 2. Perimeter paving along the frontage of Edwards Road. 3. Sidewalks along the frontage of Edwards Road. 4. Extensions of water lines. 5. Storm water drainage improvements. 6. Installation of fire hydrants. it 7. Dedication of public utility casements. The proposed development if built would be subject to the land dedication portion of the Park Dedicution Ordinance (Ord. 98.039), A fee in lieu of dedication would be required for the subject property, equal to the pre-dcvclopmcnt value of 0.09 acres of the tract, during the platting process. The dcvelapcr would he required to pay the fees at time of release of the final plat. The proposed SHIP would be exempt from the park development fees of the Park Dedication Ordinance, bccavse it would be located in the ETJ. If it were within the City, park development fees would be c.dlcclod during the building permit stage equal to $187 per unit. If it were ti completely built-out as proposed, total fees for park development would equal $3,553 (19 units x $187 per lot). • t 1 i In accordance with the City's annexation policy plan, approved in June 1993, the City will ,,assess on a sense by case basis the annexation of areas in the ETJ when significant developments are proposed." Staff is conducting a preliminary annexation assessment of the proposed annexation [i accordance with policy guidelines. A preliminrry annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 8). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, tire, recreation, and general goversunent are evaluated with respect to the proposed annexation. PRIOR A.CTION/REVIEW April 6,1')95 - City Council received a report, held discussion and provided staff with direction regarding the annexation of the subject 19.902 acre tract. April 20, 1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 19.802 acre tract. May 11,1999 - City Council conducted the second of two public hearings ccrXeming the annexation of the subject 19.802 acre tract. ESTIMATED PROJECT SCHEDULE This is the first of two readings of the ordinance to be conducted by City Council concerning this annexation. The schedule is consistent with the requirements of State law (see h Attacbnent 7). FISCAL INFORMATION None at this time. P&Z SUGGESTED RFCQMSJENDATION The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation and corresponding zoning designation on June 9, 1999. ATTACHMENTS 1. Location Map 2, Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 Foot Notice Map 6, Denton Mobility Plan Map 7. Ani.exation Schedule 8. Service Plan (1 pages) 9. Draft Ordinance i ~r! 4,rr1 N: ~,.alirReJinYL J.e4Siw 2 t 1 iRespa r , ~ tnbmitled: ff ill 11 Director or Planning and Developmeia Prepazed b r' Wayne Reed Planner If I i t 1 M l alt"„pa,y „nrx;,~~mFn~w,rx 3 Y • t, ATTACHMENT 1 a, A-86 (LUBBERS ADDITION) NdATH ` i Ypf. T ~rt .1 S'- t , k S. n ShadyShuro C dh A { LOCATION MAP r Agenda Date: June 9, 1909 Seale: None l+ ATTACHMENT 2 4 A46 (LUBBERS ADDITION) NORTH PmeMcmix MAP. „n 1 ty r;" Mr ~v. .i! EDWMDI t +r' ' FRI, F ✓ V ~ v r ~w pReleR4E ~ ~ D fri" 5M 1 Sn~eysnon r VICINITY MAP f Agenda Data: June 9,1999 Scale: None 5. t ' U U ATTACHMENT 3 A NORTH A$6 (LUBBERS ADDITION) rrrrT_i Ar ' A 8 PD Of 18f•71 A PD 137 R(a WWAR06 PD 132 , i L V" \~It A i PD 102 PD 177// k C♦~e`~ 1 \ C~i.. 1 A PD 132 C(c) \ A I L r/ f` M00 Soon PDO 'A I r ZONING MAP Agenda Data: June 9, 099 Scab: None 6. u ATTACHMENT 4 A 4 NORTH A-86 (LUBBERS ADDITION) p 1 EDW RD 1~' Y SITEX ` a, 1 a I. R r , r7r ~ 77 J y\ 500 FOOT COURTESY NOTICE MAP 4 Agenda Date: June 9, 5999 Scale: None 7. lc ATTACHMENT 5 NORTH ` A-86 (LUBBERS ADDITION) M til 3 t Y ~M 9 WWI No a •r SIT r 5 1 l i~ 4 A t fii 1. Y J• ! J f r . EXISTING UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) fR Agenda Date: June 9, 1999 Scats: None 9. MONSON i 1 r ATTACHMENT 6 i I NORTH A•86 (LUBBERS ADDITION) ,tj ppi Kl . t . I ` EDWARD ~ 5 ~ Y~'~~ii ~y,yra ~ / I s / P4~KR4;;.. a ash i / I ?A4k.. R . DENTON MOBILITY PLAN MAP N Freeways ,,Pill mary Major Arta rlaIs Secondary Major Arterlals Collectors z I .i r Agenda DoW June 9, 1999 Soal6: None 9. c~ t ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE; LUBBERS ADDITION (A416) i ep.,,dM~ ~e"• lcvo Saturday, April 10 Notice published In Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20d' City Council conducts first publio hearing, • Public notice must be no less then 10 days and no more than 20 days before public hearlog. o Annexation Study prepared and available for public review. o Service Plan prepared and available 'or public review. Saturday, May 111 Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published in Denton Record•Chronlcle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11" City Council conduce second public hearing, • Public notice must be no less than 10 days and no more • 20 days before public hearing. Tuesday, June 1" City Council by a four-fifths vote Institutes annexation proceedings. First reading of anngx_ation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing, Sunday, June 8d' Publication of annexation ordinance with service plan In Denton ' Record-Chronlcle. Wednesday, June Or' Planning and Zoning Commission holds a public hewing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing. Sunday, July 4" Notice published in Denton Reoord•Chronicle for City Council public hearing concerning annexation and proposed zoning, • Public notice must be no less than 15 days before public hearing. I Tuesday, July 20°i City Council by a four-fifths vote takes final action, Seond reading and adoption of the annexation ordinance. City Council (t - considers approval of zoning request. s Council action must be more than 30 days after publication of ordinance and less than 00 days after council Institutes annexation proceedings. I t, t, t i ATTACHMENT B ANNEXATION SERVICE PLAN CASE NUMBER: A-86 (Lubbcrs Addition) AREA: 19.802 acres LOCATION: On the south side of Edwards Road wit of S,visher Road in Denton's extraterritorial jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalr of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Pollee Protection 1. Police service, including pahrliing, response to calla, and other routine functions, will be provided to the properly within bixly (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. 1` re protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C, Solid Waste Collection I, Solid waste collection service will be provided to the properly within sixty (60) days after the effective date of the annexation using existing personnel and equipment. ' D. Water/Wastewater Facilities , 1, Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. !toads and Streets 1. Maintenance or roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1, Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the A~ 4 annexation using existing personnel and equipment. However, there are no existing t (~r~ parks, playgrounds, swimming pools, and other recreational facilities in the area. t i (1 I ANNEXATION SERVICE PLAN (A-86) j Lubbers Addition G. Electric Cacilitles I 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services L Library services will be pro:.;ed within sixty (60) days after the effective date of the annexation using existing personnel and equipment, 1. Code Enforcement, Building lnspections and Consumer Health Services 1, Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services I. Planning and development services will be provided within sixty (60) days after the effective dale of the annexation using existing personnel and xluipment. The Planning and Development Department currently provides services this property by way or administration of Charter 34 of the Code o: Ordinances, concerning slibdivision and land development regulat',%ns, K. Capital Improvements Program (C1P) i The CIP of the cite is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of ' problems as related to comparable areas, established technical stwdarae and professional studios. (2) The overall cost erfectiveness orproviding a specific facility or improvement, The annexed arec will be considered for C1P improvements in the upcoming CIP plan. This property will be considered according to the established guide'.incs. i . ~I I I n1.. ir.,i-a 1'.. u.r l'lrro bw lrn.9VNui~~ t . p, c I s ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19.802 ACRES OF I AND CONTIGUCUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING ,'11 SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE (A•86) WHEREAS, the city of Denton wishes to extend its city limits line to annex 19.802 acres of Itad described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May 11, 1999, (both days being on or after the 40 day but before the 20" day before the date of the institution of the proceedings) to allow all interested persons to stale their views and present evidence bearing upon this annexation; and W11ERF :S, annexation proceedings a ere instituted for the property described herein by the intrr uction of this ordinance at a meeting of the City Council on June 1, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper t of the City of Denton on June 6, 1999, after annexation proceedings were Instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth 1 Management Strategies and Plan; NOW, THEREFORE a THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION . That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION It. That the servi..e plan attached as Exhibit "B", and incorporated by If rcfctence, which provides for the extension of municipal services to the annexed property, is r approved as part of tH%ordinance. r A 1' SECTION illy Should any part of this ordinance be held illegal for ny reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described In Exhibit "A" regardless of whether any other part of the described property is hereby effectively Page 1 of 2 NO ' o . a annexed to the City. If any part of the real property annexed is already Included within the city limits of the City of Denton or within the limits of any other city, town or village, or Is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area v ere not expressly described In this ordinance. SECTION IV: That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the,,,,_, day of_ ,1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: lrc ~!t\d I r s j rfPage 2 of 2 t . I I I EXHIBIT A e, WHEPFAS, ALAN LUBBERS is the owner of all that certain !rack of fond slfuatEd in the G. Wolker Survey Abstract Number. 1330, Denton County, 'Texas . and 'being af+ of the called 10.00 acre tract ord all of the .oiled 9.802 acre tract described in the deed from Doris Roe Coaort to Alan Lubbers recorded under Clerks File Number 96-ROO69627 of the Real ProperlF Records of Denton County, Texas; the subject tract being more particularly described as follows; BEGINNING for the Northeast aorrer of the tract being destrlbed herein, ak a 1,'2 inch iron rod found at the Northeast correr of the said 9.802 acre tract and the Northwest corner of a called 21.903 acre '.rack described in the deed from Doris Roe Cowort to David W, Mason recorded under Clerks File Number 95- R0080487 of the sold Real Property Records in the center ,of Edwards Road; THENCE South 00 Degrees 21 Minutes 39 Seconds East along a wire fence with the West t;ne of the sold 21.903 acre tract and tho East line of the 9.802 acre tract a dlstonce of 1328.19 feet to a 1,12 Inch Iron • rod found at this touthisail. corner thereof 3.8 feel florlh of a fence corner post; THENCE South 89 Degrees 19 Minutes 14 Seconds West with the South fine of the 9.802 acre tract passing a 1!2 inch rod round at the Southwest corner , thereof oed kno Southwalt forneF of'th'e'ebTd" lti;00 "acre f'fdc! and co1+~S66iti AWL with the South line of the 10.00 acre tract, in all, o total distance of 64611 Y4,1,'` feel to a 5/P inch Iron rod found of the Southwest corner thereof; THENCE North 00 Oegrees 28 k0ules 41 Seconds West with the West line of the 10.00 acre track o d;stance of 1336.:; feet to a 1,11 Inch Iron rod found of Ve Northwest coiner thereof on the south side of Edwards Road. "HENCE Sout~- 69 Degrees 58 Minutes 09 Seconds East with, the North line of the '0.00 acre tract oalliho a 1,12 Inch Iron rod found at the Northeast corner, thereof and the Northwest corner of the 9.802 acre tract and contiruing with',, the North line of the 9.802 Ctrs tract, In all, a total distance of 648.92 fee o''! to the P0147 OF PEG1100NG and enclosing 19.807 ocres of land. 4 C 15. ~ i EXHIBIT B a ANNEXATION SERVICE PLAN CASENUMBER: A-86 (Lubbers Addition) AREA: 19.802 acres LOCATION: On the south side of Edwards Road west orSwisher Road in Denton's extraterritorial jurisdiction (ETJ). Municipal scivices to the site described above shall be famished by or on behalf of the City of Denton, Texas, at the following levels and In accordance with the following schedule: A. Police Protection 1. Polite service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing Personnel and equipment. C. Solid Waste Collection 1, Solid waste rollection service sill be provided to the property within sixty (60) days ane: ';ia effective date of the annexation using existing personnel and equipment. D. Water/Wasteirater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personn.1 and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing persomiel and equipment. F. Parks and Recreation Facilitlei 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the A annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. r 1-06 :1nry,uRue Sr.rkY Planfnr 144P9 da' 16. 1 o t U 1 ANNEXATION SERVICE PLAN (A-86) Lubbers Addition G. Electric Facilities - - 1, Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. It. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel 9nd equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building Inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using exisdrig personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days aner the effective dale of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to wher areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies, (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP Improvements In the upcoming CEP plan. This property will be co:sidered according to the established guidelines. I A 8E Rene, Pdoo 4rvfrr J%m JON 4-19.99 Aw 17 , li ~f t. i , `fQ-022 AGENDA INFORMATION SHEET ApendaNo. j v Awda Dab 7 AGENDA DATE: June 1, 1999 DEPARTMENT: Planning Department GG j CM/DCNVACM: Rick Svchla, 349-7715 l I I SUBJECT -Mesquite Meadows (A-85) Consider adopting an ordinance to involuntarily annex 83.75 acre tract located on the northwest corner of N. Loop 288 and Stuart Road (see Attachments l and 2 to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. This is the first reading ofthe annexation ordinance. BACKGROUND Leaping Leopard, LTD. is proposing to preliminary plat the subject property as two parcels. Lot l is the 16.55 acre parcel located within the city limits. That lot is currently zoned Agriculture (A). Lot 2 is the remaining 83.75 acres located in the ET), providing the city with only subdivision regulations within that portion of the subdivision. The proposed manufactured home park (MHP) would be located on this portion of the property. As such, the city would have no control over the land use (zoning) or design standards of the proposed development: I Development of mesquite Meadows MHP will require several public improvemenls. A preliminary list of these improvements includes: { I. Right-of=way dedication along Stuart Road. 2. Right-of-way dedication for proposed collector road. 3, Offsite improvements to Stuart Road. 4. Stuart Roar1 will be disconnected from Loop 288 requiring a cul-de-sac. 5. Sidewalks along all street frontages including Loop 288. 6. Extensions of water and sewer lines. 1 7, Storm water drainage improvements. 8. Installation of fire hydrants 9. Ocdicalion of public utility easements. The proposed MHP would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). A fee in lieu of dedication will be required for the subject property, equal to the prc-development value of tract, during the platting process. The developer would be required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park development Pecs of the Park Dedication Ordinance, because it would be located in ; the ETJ. If it were within the City, park development fees would be collected during the 1 Ai , building permit stage equal to S 187 per unit, { ~J In accordance with the City's annexation policy plan, approved in June 1993, the City will ,,assess on a case by case basis the annexation of areas in the ETJ when significant developments t, L~ are proposed." Staff is conducting a preliminary annexation assessment of the proposed a annexation in accordance with policy guidelines. A preliminary annexation Service Plan has been prepared for City Council ►.td public review during the annexation process (see Attachment 8). The capacity of infrastrw ture such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTION/REVIEW April 6, 1999 - City Council received a report, held a discussion and provided staff with direction regarding the annexation of the subject 83.75 acre tract. April 20,1999 - City Council conducted the fi,t of two public hearings concerning the annexation of the subject 83.75 acres. May 11, 1999 - City Council conducted the second of two public hearings conceming the annexation of the subject 83.75 acre tract. ESTIMATED PROJECT SCHEDULE This is the lint of two readings of the ordinance to be conducted by City Council concerning this aaaeaation. The schedule is consistent with the requirements of State law (see Attachment 7). FISCAL INFORMATION None at this time, PAZ SUGGESTED RECOMMENDATION 4 The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation and corresponding ' zoning designation on Wednesday, June 9, 1999. ATTACHMENT I, Location Map 2. Vicinity Map 3. Zoning Map 4, Utilities Map 5. 500 Foot Notice Map ! 6. Denton Mobility Plan Map 7, Annexation Schedule 8. Service Plan 9. Dralt Ordinance I r l '.•;0 llprn MMriulinkh tA4ids 2 .ter. err I .~5' 1 G I . i Respectfully submitted. ve Hill Director of Planning and Development Prepar by: Wa a Reed Planner 11 I w ~ . (5;,;4 Ni•/u•n - hl A, ~Whjp d I V94 v 3 i t i~ ATTACHMENT 1 I ~ A-85 (MESQUITE MEADOWS) NORTH Klilm ,'q .,1 ~ d~ ~ n. r P~~ r + 1 t 1ST,` 5 ~s r i + y ail+e`p'~w ~ » - ti I J LOCATION IAAP } Agenda Date: June 1, 1009 8oala: None 4. c, ATTACHMENT 2 NORTH A-85 (MESQUITE MEADOWS) i SITE' , F ..ll yyy~p + Y~~ I 55 1l.eS~ass ~ ~ ~ 1i Y IIt11CULis lk I VICINITY MAP I Agenda Dote, June 1, 1999 Scab. None 5. ~ a i ' L I ~I I Ali i { I ATTACHMENT 3 NORTH A-85 (MESQUITE MEADOWS) 1 A 04 .14f1~ r I'4'Y 66 3~~1 ~ t r J i* e ~ r ~~.t f.,yy A t r s a ~ V -T . y 1 Y SITE t Iaw F' A A irrrr ra9,. It. rte.. r m rLaw A t a . r .r ro7rrr PO 10,11 ro 170 ER4 r~_A \ A 00 IN ( ~ \ V AS Ir. ' T A t \ 7 A \ \ 11rP70 ull LN • \ r rt P DO IP•ryq V.f C { 0 000 ZONING MAP Agenda Dates June 1,1999 Stoat None 6. c c: I ATTACHMENT 4 NORTH A-85 (MESQUITE MEADOWS) FF i SITE t? 1 100P tM a' J ~ 3 EXISTING UTILITIES MAP f y I • Hydrants Water Line (W. L.) Sews Line (S. L.) ' ¢ c I Agenda Data: June 1, 1999 Sale: Nona 7. a ct 1 ATTACHMENT 5 A45 (MESQUITE MEADOWS) NORTH { r.r. t.. ~1 Rr a r Mk D~k> r y SITE r. H £ iYr r " t' L t'r~ / 1~'~1 ~ ~ i ~ a i~. ~ ~ r 7 { i, a ►t i µ 1 500 FOOT COURTESY NOTICE MAP Al Agenda oats: June 1, 009 Basle: None 9. 1 1 I f ATTACHMENT b, ~ II NORTH A-85 (MESQUITE MEADOWS) I I 1 1 ' 1 •f I SITE y • I V • 1 1 I .u..1..: N[IICUIiS W r-F '-IF A LA--U t,~ 5r++ r DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterlals collectors A Agenda Date: June 1. 1990 Scaler None 9. ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: MESQUITE MEADOWS (A-95) Rfvfxd Mqy Sd", lDDD Saturday, April 10"' Notice published In Denton Reoord-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20d' City Council conducts first oubl!c hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. Saturday, May 1`t Notice pubiished in Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published In Denton Record-Chronlcle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11City Council conducts ~gsgp~public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 1•t City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public + hearing but less than 40 days from the first public hearing, Sunday, June 61 Publication of annexation ordinance with service plan In Denton Record-Chronicle. Wednesday, June 9th Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing. Sunday, July 4' Notice published in Denton Reoord-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less then 15 days before public hearing. Tuesday, July 20' City Council by a four-fifths vote takes final action. Second readina and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings, 10. t ATTACHMENT 8 ANNEXATION SERVICE PLAN CASE NUMBER: A-85 (Mesquite Meado.,s) AREA: 83.73 .tcres LOCATION: On the northwest comer of N. Loop 288 and Stuart R in Denton's extraterritorial jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and cgo?;+ment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the properly within sixty (60) days after the effective date of the annexation using existing personnel and equ'pment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterMistewater Facilities 1. Maintenance of water and wastewater facilities in the area lu be annexed that are not within the serv ice area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads end Streets 1, Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities In the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities In the area, 11. 4r r ANNEXATION SERVICE PLAN (A-85) Mesquite Meadows G. Electric Facilities L Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building Inspections sad consumer health services will be provided within sixty (60) days oiler the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective data of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city Is prioritized according to the following guidelines: (1) Provision of Capital Improveme is compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical studards ato professional studies. (2) The overall cost effectiveness of providing a specific facility or Improvement. The annexed area will be considered for CIP improvements in the upcoming CEP plan. This property ,A ill be considered according to the established guidelines, C' i . hr, rr l4eq rnrl!rr-+Jrlmr t2. , t. 1 ATTACHMENT 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 83.73 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART ROAD INTERSECTION IN THE COUNTY OF DENTON. TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A•93) WHEREAS, the City of Denton wishes to extend its city limits line to annex 83.73 acres of land described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May 11, 1999, (both days being on or after the 40a' day but before the 20a day before the date of the Institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were Instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 6, 1999, after annexation proceedings were Instituted and 30 days prior to City Council taking f real action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will be In compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategics and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. emu. That the service plan attact ed as Exhibit "B", and Incorporated by reference, which provides for the extension of mt,%icipal services to the annexed property, Is approved as part of this ordinance. ffSMQ=: Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described In Exhibit "A" regardless of whether any other part of the described property is hereby effectively Page 13. t c, s f annexed to the City. If any part of the real property annexed Is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. IV: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of., 1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FOAM: HERBERT L. PROUTY, CITY ATTORNEY BY: s { Pogo 14. 1 EXHIBIT A A-85 (MESQUITE MEADOWS) 83.760 acres All that certain lot, tract or parcel of land lying and being situated In 1he Victor Gailor Survey, Abstract No. 452, and the Thomas Toby Survey, Abstract No. 1288, Denton County, Texas, and being part of a tract of Land described In a deed to Lando Limited Partnership No. 1, filed for record on 1011811996, as recorded under County Clerk's File No. 96•R0074752 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point on the existing Denton city limits line as established by Ordinance No. 88.07, sold point being on the west line of said Lando Limited Partnership No. 1 tract, lying approximately 450.00 feet, N 00' 08' 00" W of the southwest corner of said Lando Limited Partnership No. 1 tract, some being 600 feet north of and parallel to the centerline of Loop 288; THENCE North 00' 06' 00" West with the west line of sold Lando Limited Partnership No. 1 tract, passing the north line of sold Thomas Toby Survey and the south line of sold Victor Gailor Survey, a total distance c.. 2495.00 feet to a point for comer at the northwest corner of sold Lando Limited Partnership No.1 tract; THENCE North 89' 25' 00" East with the north line of said Lando Limited Partnership No.1 tract, a distance of 1442.40 feet to a point for corner lying 30.00 feet west of and parallel to the conterline of Stuart Road, and the northeast corner of said Lando Llmitad Partnership No.1 tract; THENCE South 004 26' 00" East, 30.00 feet west of and parallel to the conterllno of Stuart Road and the east line of sold Lando Limited Partnership No.1 tract, a distance of 1394.96 feet to a point for corner; THENCE South 00' 26' 00" West, 30.00 feet west of and parallel to the centerline of Stuart Road, a distance of 1141.69 feet to a point for corner on the existing city limits line as established by sold Ordinance No. 82.71 sold point lying 600.00 feet north of and parallel to the cehterline of Loop 288; THENCE North 88' 68' 03" West, 600.00 feet north of and parallel to the centerline of Loop 288, with the existing city limits line as established by said Ordinance No. 82.71 a distance of 1448.50 foot to the POINT OF BEGINNING and containing In all $3.760 acres of land. Ab! 1le1,N onJ 9orinJr.Aoe 1 5 . j 1 Ci I EXHIBIT B i y ANNEXATION SERVICE PLAN CASE NUMBER: A-85 (Mesquite Meadows) AREA: 93.75 acres LOCATION: On the northwest comer of N. Loop 288 and Stuart R iii Denton's extraterritorial jurisdiction (ET7). i Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Coliectton 1, Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. j D. WuterAVastewaler Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water Of wastewater utility will be begin within sixty (60) days after the effective date of the annexation ub.ag existing personnel and equipment, E. Roads and Streets 1, Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days aler the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities L Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in J the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing f ` parks, playgrounds, swimming pools, and other recreational facilities in the area. i AAl.fm.~~aQnnSrnln rHrulfiu f•?0.D9.dur 16, . t, ANNEXATION SERVICE PLAN (A-$S) Mesquite Meadows G. Electric Facllltle% _ 1. Electric utility service will be provided wi0 in sixty (60) days after the effective date of the annexation using existing personnel and equipment, H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1, Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective dare of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administratlon of Chapter 34 of the Code of Ordinmices, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines; (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CEP improvements in the upcoming CIP plan, This property wile be considered according to the established guidelines, s, t A41.4nae;adwServ7rrAmAe/,70-Mk~ 17. i t] t I~ AGENDA [NFORNIATION SHEET ats0 nU- AGENDA DATE: June 1. 1999 DEPARTMENT: Planning Department CNI/DCN1/ACNI: Rick Svehla, 349.7715 Yy SUBJECT -Trinity Meadows (A-84) Consider adopting an ordinance to Involuntarily annex a 75,71 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road (see Attachments 1 and 2), to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. This is the first reading of the annexation or itnuue. BACKGROUND CM.M. Park, Inc. is proposing to develop a 337 (rental) lot manufactured home park (MIIP) on the subject property. The 80,741 acre site is partially;„side the City of Denton. Approximately 5.031 acres along McKinney Street are inside the city limits, while the remalning 75.71 acres are in the extra-territorial jurisdiction of the City of Denton (sm Attachment 3). The proposed MHP Is designed to be wholly within the ETJ, r-oviding the city with only subdivision regulation of the development. The developer has been proceeding with subdivision procedures. As a devclopment in the ETJ, zoning regulations do not apply. The proposed +ubdivision design provides for lot, that do not conform with the minimum requirements of Chapter 32 of the Code of Ordinance. The development of the Trinity Meadows manufactured home park will require several public improvements. A preliminary list of these improvements includes: 1. Extension of Triaily Road (proposed arterial) along the w(slern property line. 2. Right-of-way dci ication along McKinney Street (RM. 426) and the proposed arterial. 3. Sidewalks along;vlcKinrtey Street (F.M. 426) and the proposed artcrial 4. Extensions of water and sewer lines, 5. Storm water drainage improvements. 6. Installation of fire hydrants. 7. Dedication of public utility cascmenU, the proposed devclopmcnt if built would be subject to the land dedication pcrtion of the Park Dedication Ordinance (Ord. 98.039). A fee in lieu of dedication would bu required for the suhiect property, equal to the pre-development value of 2,33 acres of the tract, during the platting process. The developer would be required to pay the Pecs at time of release of the final plat, The prop.)scd MHP would be exempt from the park development fees of the Pat4 Dedication x~ Ordinance, bcciuse it would be located in the ETJ. I f it were withln the City, park development t fr fees would be collected during the building permit stage equal to $187 per unit. If it were completely built-out as proposed, total rtes for park development would equal 563,019 (337 units x $187 per lot). I r I U in accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed." Staff is conducting a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. A preliminary annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 8). The capacity of infrastructure such as water, wW.e water, streets imd electric service and services such as police, fire, recreation, and General government are evaluated with respect to the proposed attnexe.:on, PRIOR ACTION/REVIEW April 6,1999 - City Council received it report, held discussion and provided starrwith direction regarding the annexation of the subject 75.71 acre tract. April 20, 1999 - City Council conducted the first of two public hearings concerning the f annexation of the subject 75.71 acre tract. May 110 1999 - City Council conducted the second of two public hearings concerning the annexation of the subject 75.71 acre tract. E&TIMATED PROJECT SCHEDULE This is the first of two readings of the ordinance to be conducted by City Council concerning this annetatioa. The schedule Is consistent with the requirements of State law (see Attachment 7). )J3C'AI, INEORMAT'IOri None at this time. P&Z SUGGESTED RECOMMENDATION I The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation and corresponding zoning designation on June 9, 1999. Al'=IMENTS 1. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Slap 500 Foot Notice Slap 6. Demon Mobility Plan Map 7, Annexation Schedule 8• Service Plan 9. Draft Ordinance w,ge.y,r,•t,rM.,roenlror'i 21 1 t f Respectfully submitted: D Hill irector of Planning and Development Prepared by: sync Reod, Planner Il b { I' i I 1 '-I r ~ thrl !ti Jr. rl h! kr ndrn}' S r yro d~ . 7. ~ r ~ ATTACHMENT 1 ti NORTH A-84 (TRINITY MEADOWS) 5w I .4 I 2'y. a, A 9 d M' shady Store Conn Ih r. LOCATION MAP 4 i f. Agenda Dote: June 1, 4999 Scale: None 1, i' i it I ATTACHMENT 2 A I. A44 (TRINITY MEADOWS) NORTH I r • , RYAN H H BCC r, II rd+a i,ir i' ~ ~ a TWO pl-A4 r • * F, t to SIT 1' ;r IBM VICINITY MAP k I Agenda Date.. June 1, 1990 Scale: None 5. i I ATTACHMENT 3 NORTH A•84 (TRINITY MEADOWS) t e~. 1 ~ 7p0 e ; I ~;i ok PC \I.. \ t'e X514 f o0M PC 41 Nd ~ b v~ y i^ ro T !e U , U ,d x r, I\ e I ~C i \ a 1• w \I* 1 P0 I0 I ll I ~"c 171 r~~~ s' I u IT 46 Cie) I ~ I ~ 1;. 1 • \I ~ 11 '11~~ ~ Y,, I 1 r II ►o I u ..r►1 ~w% ro ....1" ' lit is j I o A. s 1 j 1 - f 1 iCeC~- ZONING MAP A r Agenda Date: June 1, 1099 ScaN: None 6. 1 1 y ~i ATTACHMENT 4 NORTH A-84 (TRINITY MEADOWS) ~It 1 f ~ M I r~• 1 H 1 ^u 1 u i11 0 11 ~ IL' 1 111 ~ o Y 1 ~ ~ v ORIS$dM RD 1 + i ~ ~L • l f SITE 1• . EXISTING UTILITIES MAP Hydrants - - Water Line (W. L.) • • Sewer Line (S. L.) Agenda Date: June 1, 1999 Scale: None 7. 1 c. 1 ATTACHMENT S A-84 (TRINITY MEADOWS) NORTH ~ ■ ~,-t 'fit. ~ . ~j 0. 7RUTWUr PLAN HTS a 4• 500 FOOT COURTESY NOTICE MAP Agenda Date: June 1, 1999 Scale: None 8. ATTACHMENT 6 NORTH A-84 (TRINITY MEADOWS) ~ ' ~ ~ t r, ~R \ N CT ;,~yC 771' ? 11 I tnuTMeW ww Mho L t 'jam a t \ ~ t f,aSy, Y J F~ + V'V f r f t I 1V I r,: K I DENTON MOBILITY PLAN MAP Freeways E Primary Major Arterials Secondary Major Arterials r Collectors Agenda Date: June 1, 1999 Scale: None 4. r 1 c. A I ATTACHMENT 7 114VOLUNTARY ANNEXATION SCHEDULE: TRINITY MEADOWS (A-84) Saturday, April 10th Notice published In Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20th City Council conducts ('IItpublic hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. o Service Plan prepared and available for public review. Saturday, May 1" Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2n i Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11th City Council conducts second public . Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 1't City Council by a four-fifths vole Institutes annexation proceedings. First reading of annexation ordinance Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing, Sunday, June 6th Publication of annexation ordinance with service plan in Denton Reoord-Chronicle. Wednesday. June Vh Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. Public notice must be no less khan 10 days before public hearing. Sunday, July 4"' Notice published in Denton Reoord-Chronicle for City Council public hearing concerning annexation and proposed zoning, Public notice must be no less than 15 days before public hearing. Tuesday, July 20'h City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council ! considers approval of zoning request. Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings. 1D. r ATTACHMENT 8 e ANNEXATION SERVICE PLAN CASE NUMBER: A-84 (Trinity Meadows) AREA: 15.11 acres LOCATION: On the south side of McKinney Street (F.M. 426), south of Trinity Road.in Denton's extraterritorial jurisdiction (ET3). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Pro(ectlou 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection t. Fire protection (within the limits of existing hydrants) Md emerge.tcy medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Solid Waste Collection I, Solid waste collection service will be provided to the property within sixty (60) days all:r the effective date of the annexation using existing personnel and equipment. D. Water/Wastewater Facilities I. Maintenance of water and wastewater facilities in the area to Le annexed that are not within the service area of another water or wastewater utility will be begin within sixty J60) days after the effective date of the annexation using existing personnel and equipment. F. Roads and Stretts L Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities I. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment, however, there are no existing parks, playgrounds, swimming pools, am other recreaticnal facilities in the area. t 1 u 1 ANNEXATION SERVICE PLAN (A-84) Trinity Meadows G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services L Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. °ianning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment, The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvemeols Program (CIP) The CIP of the city is prioritized according to the following guidelines: 1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This propcn y will be considered according to the established guidelines. . j rr' A j i 12. r ' J ATTACHMENT 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 75,71 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND IS DIRECTLY OPPOSITF OF TRINITY ROAD Pi THE COUNTY OF DENTON, TEXAS; APPROVING A SEMICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-84) WHEREAS, the City of Denton wishes to extend its city limits line to annex 75.71 acres of land described herein; and WHEREAS, on June 9, 3999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, puhl'c hearings were held in the Council Chambers on April 20, 3599, and May 1 I, 1999, (both days being on or after the 40'" day but before the 2e day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 6, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required b) City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTIN HEREBY ORDAINS: That the tract of land described in Exhibit "A", attached hereto and SECTION 1• incorporated by reference, is annexed to the City of Denton, Texas. SECTIONII. That the serw;ce plan attached as EY'ubit ":9", and incorporated by ref, rence, which provides for the extension of municipal ser4ces to the annexed property, is approved as part ofthis ordinance. SECTION Itl:Should any part of this ordinance be held illegal for anv reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the city of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hert.by effectively Page I3. { c, annexed to the City. If any part of the real property annexed Is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denlon's jurisdiction to annex, the sarr.~ is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION IV: That this ordinance shall become effecdre immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1999. JACK MIL:,ER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PR\OUTY, CITY ATTORNEY BY:~}re/f' l . Page 14 i I' EXHIBIT A A-84 (TRINITY MEADOWS) 75.71 acres ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEEON WALKER SURVEY, ABSTRACT No. 1330, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO WELDO BURGOON, DATED FEBRUARY 6, 1979, AS RECORDED IN VOLUME 936, PAGE. X27, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY ORDINANCE No. 86429, SAID POINT LYING ON THE EAST LINE OF SAID BURGOON TRACT, 250 FET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426 (McKINNEY STREET); THENCE SOUTH 03° 56' 40" WEST WITH THE EAST LINE OF SAID BURGOON TRACT, A DISTNACE OF 2972.86 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST SOUTHEAST CORNER OF SAID BURGOON TRACT; THENCE SOUTH 58° 21' 36" WEST WITH A SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 667.70 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID SURGOON TRACT; THENCE NORTH 86° 40' 25" WEST WITH 7HE SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 355.31 FEET TO A POINT FOR CORNER AT TH_' SOUTHWEST CORNER OF SAID BURGOON TRACT, SAME BEING A CORNER OF THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 66-129; THENCE NORTH 03° 40' 45" EAST WITH THE WEST LINE OF SAID BURGOON TRACT, SAME BEING THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTNACE OF 4210.17 FEET TO A POINT FOR CORNER ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY SAID ORDINANCE No. 86.129, SAID POINT LYING 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426; N THENCE S01!TH 40° 43' 58" EAST, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTANCE OF 861.57 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TC THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 96.129, HAVING A CENTRAL ANGLE OF 170 19'07"p A RADIUS OF 1291.74 FEET, AN ARC LENGTH OF 390.45 FEET, A CHORD WHICH BEARS SOUTH 490 231321, EAST, A DISTANCE OF 388.96 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 75.71 ACRES OF LAND. 15. ik I I r EXHIBIT H u ANNEXATION SERVICE PLAN CASE NUMBER: A-84 (Trinity Meadows) AREA: 75.71 acres LOCATION: On the south side of McKinney Street (F.M. 426), south of Trinity Road,in Denton's extraterritori at jurisdiction (BTf). Mimicipal services to the site described above shall be furnished by or on behalf of the City of Dc,nton, Texas, at the following levels and in accordaace with the following schedn' : A. Police Protection 1, Pol'„e service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection I, Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the ptoperty within sixty (60) days afler the effective date of the annexation using existing personnel an' f uipment. i D. NVaterllVastetvaterTacilities 1. Maintenance of water and wastewater facilities in the area to be aivnexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing pcrsonnel and equipment, F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other reereatic nal facilities In the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. r. A.dl ,fn.x, mlr.n .4rrlre Nw. R` a 16, • a . ANNEXATION SERVICE PLAN (A-84) Trinity Meadows G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment 11. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. I. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the eff i cdve date of the annexation rising existing personnel and equipment J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K Capital Improvements Program (CIP) The CIP of the city is pAod6zed according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land +-dlizafion, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CEP plan. This property will be considered according to the established guidelines. r~ A dl .Innrro~G~n krvkr J'Lm AM 17 i 1 i+ IS 'r (late AGENDA INFORMATION SHEET AGENDA DATE: June 19 1"9 DEPARTMENT: Electric ACbI: Howard Martin, 349-8232 SUBJECT: AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO. 98-262, AMENDING ORDINANCE NO. q8-046 WHICH CREATED AN ; FNERON'SAVE PROGRAM SCHEDULE (EP); AMF,NDINO ORDINACE NO. 98-093 WHICH AMENDED ORDINANCE NO. 98-046, PROVIDING FOR A FURTHER AMENDED ENEROYSAVE PROGRAM SCHEDULE (FP); PROVIDING FOR RETROACTIVE EFFECT OF THE FURTHER AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: Under the current EnergySave Program Schedule EP, Denton Municipal Electric (DME) provides high-efficiency air conditioner incentives and structure incentives in the form of rebates to residential builders for mating specific DME structure requirements. The primary objective of this program is to rc,iuce energy demand and consumption as well as promoting energy effciency. The original concept was for'he structure rebates to apply only to single-family residential structures and not multiple unit structures, even though the language in the original ordinance in not clear on this point. The budget for this program does not include sufficient funds for multiple unit structures. The ordinance also used the outdated term "City of Denton Electric Utilities." OPTIONS: A. Approve updates to limit structure incentives and retlect new name, Denton Municipal Electric, B. Keep Ener*Sure Program Schedule EP unchanged and eventually discontinue program for lack of available funding, Loss of this program for residential developments would result in loss of business for DMF,. 11FCONIAIENDATIONS: The staff recommends the updates made to 6rrergs8ave Program Schedule EP. PRIOR ACT10N/REVIEW (Council. Boards. Commission): Ile City of Iknton Public Utilities Hoard unanimously approved changes to EnergvSave Program Schedule EP on May 17, 1999. I 1 A FISCAL INFORMATION: It is estimated that under the current guidelines, the construction of an average apartment complex will cost Denton Municipal Electric approximately $125,000 per complex. There are six (6) proposed apartment complexes at this time. The current total EnergySave Program budget is $500.000• Respectfully submitted, Sharon Mays Director of Electric Prepared b { a Ra s Supc ' endent of Substations, Communications, dt Marketing I r, i 7 . t I l I l JANOLI shamd,kpi UUOur L)Lxu punt%0dinan[e, WY DNIE &N.' EP Ammd i-99 (m dM 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO, 98.262; AMENDING ORDINANCE NO. 98-046 WHICH CREATED AN ENERGYSAVE PROGRAM SCHEDULE (EP); AMENDING ORDINANCE NO. 98-093 WHICH AMENDED ORDINANCE NO. 98-046; PROVIDING FOR A FURTHER AMENDED ENERGYSAVE PROGRAM SCHEDULE (EP); ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING FOR A REPEALER; PROVIDING FOR THE EXPENDITURE OF FUNDS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (EP); AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, on the 17'h day of February, 1998, the Council passed and approved Ordinance No. 98-046 which added an EnergySave Program Schedule (EP) to the schedule of electric rates contained in Ordinance No. 97-236; and WHEREAS, or. the T^ day of April, 1998, the Council passed and approved Ordinance No. 98-093, which amended Ordinance No. 98.046 in order to eliminate the requirement of installation of 90%-effirient gas fumaces, when coupled with conventional air conditioning/gas furnace systcmi; and WHEREAS, on the 8'„ day of Scptember, 1998, the Council passed and approved Ordinance No. 98.262, which adopted the amended Schedule of Rates for Denton Municipal Electric ("DME"), including Schedule EP as amended, providing for the EnergySavc "grogram to continue in force and effect, effective on the 1" day of October, 1998; and , WHEREAS, the DME staff has carefully evaluated and assessed the goals, purposes, application, and financial impact of the EnergySavc Program, and has recommended to the Council that in order for the City to substantially achieve the goals of the EnergySave Program, that it is necessary and appropriate for the Council to further amend Schedule EP In order to provide, effective April 1, 1999, that apartments and multiple unit residential structures will qualify for the air conditioner rebates provided for in Schedule EP, but will not qualify for the structure incentive; and additionally, so that the proper name of the City's municipal electric utility, "Denton Municipal Electric" is properly recited and reflected throughout the amended Schedule EP; and WHEREAS, the Council deems it in the public interest to so amend the EnergySave I Program as provided for in the attached "Schedule EP, EnergySave Program (effective 04.01• 99)"; NOW, THEREFORE, ATHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION l: That the Schedule of Rates for electric service as provided for in Chapter 26 of the Code of Ordinances of the City of Deltlon, Texas, in Ordinance No. 98.262, is hereby amended; and further that the EnergySave Program Schedule (EP) enacted by Ordinance No. 98- • tl 1 046, is accordingly, hereby amended; and further that the EnergySave Program Schedule (EP) enacted by Ordinance No. 98-093 Is hereby amended; all as recited in the preamble to this ordinance, and as set forth particularly in that certain Schedule EP attached hereto and incorporated herewith by reference. SECTION Il: That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. I SECTION Ili: That all ordinances or parts of ordinances In force when the provisions of this ordinance became effective which are inconsistent or lit conflict with the terms or provisions contained in amended Schedule EP hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION IV: That the Council hereby authorizes the Assistant City Manager for Utilities to expend funds to issue incentives in the form of rebates to DME customers who qualify under the EnergySave Program Guldclines, pursuant to the terms of Schedule EP, attached hereto, and adopted by this ordinance. SECTION V: That if any section, subsection, paragraph, sentence, clause, phraee or word In this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Den,on, Texas hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION VI: That the effective date of amendment to EnergySave Program Schedule + (EP) as herein amended and adopted, is retroactively ratified and approved, as permitted by the provisions of the EnergySave Program Guidelines, from and after April 1, 1999; and a copy of said Schedule EP, as amended hereby, shall be maintained on file in the office of the City Secretary. SECTION VII That excep, as provided in Section VI herein, this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 1999. T w JACK MILLER, MAYOR ` ATTEST; JENN; IFER WALTERS, CITY SECRETARY • a k. By: 4 1 t1 5r T k APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: .-s (A ('-j D 1 i I S ~ t 8C88D%MZ BP EneravSave grogram (Effective 04-01-99) Angliion/Program Summary Denton Municipal Electric (DME) through this program, called "EnergySave', is offering cash payments as incentives in the form of rebates to customers who purchase and install high- efficiency air conditioners or heat pumps for new residential, existing residential or commercial facilities. This program will provide structure incentives in the form of rebates to residential builders of single-family residences for meeting specific DME structure requirements. Satisfying these construction requirements will improve a residential structure's heating and cooling systems' operating efficiency. Apartments and multiple unit residential structures will qualify for the air conditioner rebates, but will not qualify for the structure incentive, if they meet the applicable EnergySave Program Guidelines. The EnergySave Program's objectives are primarily to reduce energy demand and consumption, thereby allowing the customers of Denton Municipal Electric to save dollars on their utility bills, reducing the peak load of the City of Denton's electric system, and promoting energy efficient heating and cooling. Program Gui lines 1. Qualification Guidelines for Equipment A. All installations must be for accounts served by the Denton Municipal Electric and must meet all applicable national, local, and manufacturers' codes and specifications. 8. To qualify for equipment incentive, equipment must he new when installed. r r' i . C. All equipment must be purchased. No leased or lease/purchased equipment will qualify for a cash zebate. D. installations must be made by licensed contractors 6 l I and/or dealers. E. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser and the evaporator coil must be replaced to qualify for a rebate. Payments for residential central cooling systems, which include apartments and mobile homes, will be limited to a capacity based on a minimum of 600 conditioned square feet per ton. F. The conditioned area in square feet is required on each residential central system request for payment, Any variance must be authorized on an individual basis a-.i approved by the Denton Municipal Electric Marketing Division. 4. Incentives for new and retrofit equipment will be contributed to a purchaser or authorized home builder for qualifying equipment. Incentives will { be paid upon verification of compliance with program guidelines. H. Requests for payment must be received by the Director of E.ectric Utilities within 60 days of installation. 1. Equipment and installation are subject to inspection by the City's Building inspection Department before " final approval for payment is issued. J. The EnergySave Program guidelines and payments are subject to change by Denton Municipal Electric without prior notice. K. Denton Municipal Electric may, at any time,-`discontinue the EnergySave Program without prior notice. II. Qualifica;ion #Videlinee for Structure Incentive A. A residential structure incentive is offered to a i builder, developer or authorized agent after the following qualifications are met. (Ir N 1. Builder, developer or authorized agent must be t enrolled in the Denton Municipal Electric EnergySave Program (EnergySave), J c t I 2. Builder must install a 1.5 ton or above central air conditioner or heat pump having a minimum efficiency rating of 12 SEER. 3. Install minimum of R13 wall insulation 4. Install minimum of R30 ceiling insulation 5. Ninety p(r.'int of the total square footage of exterior class must be double-glazed (double pane). 6. Seal and weather-strip exterior doors and windows. Includes caulking exterior toe plates and wiring/plumbing penetrations through the structure's exterior walls and ceiling. 7. Fireplaces or wood burning stoves must be vented in a manner that allows outside air to access the firebox. B. Structure Incentive for new homebuilders must also comply with the respective restrictions set forth in Guidelines for Equipment Qualifications. 1. GENERAL PROCEDURES A. Application 1. Equipment- An application for equipment incentive must be completed and sent to the Director of Sleetrld'-'4- utilities within 60 days of installation of new, or replacement equipment. Participating'' dealers have application forms and will complete these forms for the purchaser. It is the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities. $ ' i k 2. Strur-cure Incentive- To qualify for residential structure incentives, a builder/developer or authorized agent must be registered as an authorized Denton Municipal 8 l 1 Electric EnergySave Authorized Builder. To become a recognized EnergySave builder, applicant must complete and submit a Denton Municipal Electric Energy9ave builder Application form to the Director of Electric Utilities. Applicant must also meet the requirements listed in the EnergySave Final Audit form listing the described construction requirements. B. Inspections Installations of central air-conditioning systems will be inspected by the City's Building Inspection Department and must be approved before rebates will be processed. New structures will be randomly audited to insure adherence to the required energy efficient construction specifications. C. Payments to Participants 1. Equipment Retrofit (Existing residences) Cash payments will be made to the purchaser of the qualifying replacement equipment. Participating retail equipment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers of retrofit equipment. 2. New equipment and structure incentive Program participants are responsible for 0A submitting the correct information. The Utility Department will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a City employee. The twenty dollar ($20.00) payments to dealers will be made only if they supply the qualifying equipment to the customer or builder who is Ai paying for the installation of the equipment. " ~Ir' Dealers and purchasers may be denied payment for failure to follow program guidelines such sal failing to sLoply correct square footage or EEER/EER figure;; installing equipment which is 9 i R not new; replacing part of a split system; or failure to fill out rebate forma properly. Payments will be made to customers who purchase and install new qualifying equipment. If a tenant purchases and installs qualifying equipment, the payment is made to the tenant. If the owner of rental property purchases and installs qualifying equipment, the payment is made to the owner. If the purchaser of a mobile or custom home selectee and pays for a qualifying unit, the purchaser will receive the rebate. TI. CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS A. A new condensing unit with an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air meetsttheeminimum ratings as specified a in the 499 EnergySave Program. If the unit is not in the current ARI Directory, the manuf.eturerss latest data approved for publication will be accepted. If the unit is not in the current ARI Directory or data approved for publication, the avenge of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed in the current ARI Directory, ' B. Computer simulations may be used if ratings axti {lSbt'`A listed in the current ARI Directory, provided the following criteria are met, I. Systems using mix-matched coils must meet 1 established program guidelines to qualify for a rebate. 2. The computer simulations must y certified, and dated by a registered be signed, sional engineer and an officer of the company making the submittal. f 3. The engineer who certifies a simulation must s o attest to the accuracy of the input data, the validity of the calculation procedure used, and that the results are in accordance with Department of Energy approved methodology. 10 { A. A complete set of the input data and an in- dication of the source of the data must accompany the simulated ratings. S. The simulated ratings must be based on the condensing unit's tente combination as listed in the current ARI Directory or latest data approved for publication and identified by the correct model numbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must not exceed 1M of the SEER rating of the tested system used as a base. 7. Ar. open file of computer r:'mulations will be maintained at the Energy Management Office. Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation. C. Program Capacity and Payment Formula f 1. The maximum allowable BTU per hour capacity eligible for a residential rebate is determined by dividing the square footage of the air-conditioned area by 600 and multiplying 1'r;A, i;~ FI by 12,000. Examples The Program Capacity for an 1,800 square foot house isi i.soo . 3.0 x 12,000 - 36,000 STUN 600 The City will pay a rebate on a unit that meets program efficiency standards and is sized at 36,000 BTUH or lees. 2. Actual payment will be dete.mined by dividing ~J the STUH of the installed unit (up to, and including the Program Capacity) by 12,000 and multiplying by the incentive. The incentive amounts and SEER ratings are refer- 11 F ~ I ~ I enced of the "1998 EnergySave Program: Mwbc ds Used in Determining Equipment Efficiency and Eligibility," and are incorporated herein as if fully set forth at length: Example At A person in a 2,100 square foot house installs a 42,000 BTUH central air conditioner with en SEER rating of 12.0. 2.100. 3.5 x 12,000 - 42,000 Program Capacity 600 42,000 3.5 x $100/ton - $350.00 Incentive 12,000 Example B: A person in a 20400 square foot house installs a 60,000 BTUH central air conditioner with a SEER rating of 12.0. 2.400 4 x 12,000 - 4P 000 Program Capacity 60U 48,000 - 4 x $100/ton - $400 Incentive 12,000 Example C: A person in a 2,400 square foot house installs , a 60,000 STUH central heat pump with a SEER rating of r 12.0. t*{~±sp.'jl4 e. q.4 x+00 4 x 12,000 a 46,000 Program Capacity 600 48.000 4 x $150/ton . $600 Incentive 12,000 r 5 J Minimum SEER/EER Central Air Cc ditionina Ratina Incentive Single Phase (SEER) 12.0 $100 / ton*t !A,.i Three Phase (EER) 12.0 $100 / ton Single Phase (SEER) 14.0 $125 / ton l Three Phase (EER) ?.4.0 $125 / ton I 12 i i Central Heat Pumns Single Phase (SEER{ 12.0 $150 / ton Three Phase (PER) 12.0 $150 / ton Single Phase (SEER) 11.0 $175 / ton Three Phase (EER) 14.0 $375 / ton Room Air Conditionerg 10.0 $ 50 / unit Room Heat Pumps 10.0 $ 50 / unit Geothermal Heat Pum, 12.0 $500 / wnic Depuoarheater (Waste heat reclamation devicel $150 / unit ' Refer to "1995 Ene%gySave Programs Methods Used in Determining Equipment Efficiency and Sli.;ibility" t For calculation purposes, one ton equals 12,000 BTIM f I d i r i3 ` t, u ApINd1 k Ar No 1A11 AGENDA INFORMATION SHEET AGENDA DATE: Jupe 1,1999 DEPARTMENT: Utility Administration CM/DCM/ACM: Howard Martin/ Assistant City Maneger SUBJECTI CONSIDER AN ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE AN ASSIGNMENT OF A REAI, ESTATE CONTRACT TO THE CITY OF DENTON FROM R. D. SMITH, TRUSTEE, RELATING TO THE PURCHASE OF 6,17.4 ACRES OF LAND FOR USE BY UTILITY DEPARTMENT FOR FUTURE. EXPANSION NEEDS OF SOLID WASTE AND WATER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BAC'ICGROUND, A Real Estate Contract for the 6.174 acres of land located east of Mayhill Road and north of Foster Road, known as 1401 S. Mayhill Road has been executed by the current owner. The contract amount is $393,000.00 plus closing costs. This property is one of two parcels that is privately owned and located on the east side of Mayhill Road, south of the Sewer Plant Road and north of Foster Road. The property has a mobile home park with approximately $0 lots. The water supply is from a private well located on the property and a private septic waste water system. As per the contract the Seller is responsible to have all occupants and etmclures removed from the property. Currently, the tenants living In the Mobile Home Park pay on a month to month rcnl basis with a large number paying in cash. The current use of the City's adjacent property by the Waste Water Treatment Plant, Composting facilities and Landfill we considered to be Light Industrial use and are not desirable to be located adjacent to privately owned residential property. There is a long hi:to,y of Is alii complaints and building code violations associated with this property. A listing of a portion of the complaints and violations Is included with the backup. The acquisition of this property would mitigate future issues that could arise with the continuance of the existing residential use. OPTIONS: r ~tr~ r Not Applicable e . u RFCOMMODATIONt Stiff recorw tends approval of the real estate acquisition of the 6,174 acres. PRIOR ACTION/RF_:YLF.W {Co nd AULdL &MMhdW2U The planning & Zoning CommI salon recommended approval on Much 24, 1999. The Public Utilities Board recommended approval on May 17, 1999, with ofvote of4 to 1, FISCAL INFORMATION: The purchase price is S395,00u.00 plus closing coats. MAPj Attached fespoctlblly submitted; I HowarMartin, Assistant City Manager/ Prepared by, Utility Department Charley S. Watkins, Director Solid Waste G, r Or o / t • I ' i I V. I .AIM + Am ee. wr n.: now Ursa 00 loon 0 zo0d 4000 t'- 'LO MON MAP ' 3 L I' t e u tas~ INS OFF No q roq ,G/9V lpeed) R•01n a y ~ r . Y Y 1 ti~ A { A -1 N sfxJ rl ~ ~ 3 k 5 + ~eurE.r Re~fp i i r ~ If f SITE MAP 4 t: F. . MINUTES PLANNING AND ZONING COMMISSION March 24,19!9 Regular meeting of the Planning and Zoning Commisslon of the City of Denton, Texas was held on Wednesday, March 24, 1999, and began a16:30 p.m. In the City Council Chambers at City Hall, 216 E. McKinney: Commlesionere Present: Jim Engelbrecht, Elizabeth Gourdle; Sally Rishel, Susan Apple, Rudy Moreno, Carol Ann Ganzer and Bob Powell. Staff Present: Mark Donaldson, Assistant Director of Planing; Mike Busk Assistant City Attorney; Larry Relchhort, Development Review Manager, Wayne Reed, Planner 11; David Salmon, Engineering Administrator, Dale Hoehing, Senior Engineer and John Gillette, Assistant Fire Marshall. Closed Meeting: _ 1. Deliberation concerning real property - under TEX. GOVT CODE Sec. 661.072 a. Discuss soqulelSlon of a 6.174 acre tract along east elde of MsyhI9 Road to accommodate Utility Department- Solid Wasto. (Paul Whliemson) Reconvene Into Regular Meeting: 2. Consider mAking a recommendation to the City Council concerning the acquisl0on of land referred to In Item. 1.e. Motlon by Susan Apple and seconded by Elizabeth Gourdle to recommend approval to City Council. 'Discussion of this item Is Included In a Court Reporter's transcript attached to this set of minutes. (Page 3) Motlon carries 7-0. 3. Consider approval of the minutes of the February 24, 1999 meetings. Motion by Eaity Rishel and seconded by Elizabeth Gourdle to approve the minutes. 'riscuselon of this item Is Included In s Court Reporter's tronsorlpt attached to this set of minutes. (Page 3) . Motion cables 7-0 CON3ENT AGENDA The following items are recommended by the staff and approval thereof will be strkdly on the basis of staff recommendation. Approval of the consent agenda authorizes the staff to proceed with each item in accordance with the staff recommendation. 4. Coneldar approval of the final plat of Lois 1.22, Block A, Lots 1.17, Block B, Lots 1.36, Block C, and Lots 1.16, Block D, of the Wynslons at Oakmont Addition. Phase I. The 23.147 sear site Is located on the east side of Nowlin Road and south of Robinson Road. The properly Is In a , Planned Development 111 (PD 111) zoning district. Purpose of 0o plat Is to add 87 lots to the ' Oakmont residential community. (FP-98.114. Wynatone at Oakmont Addition. Phase 1, Wayne Reed) Motion by Bob Powell and seconded Carol Ann Ganzer to approve consent agenda. 'Discussion of this hem Is Included in a Court Reporters trans rlpt otlached to this set of minutes. (Page 4) Motion caress 7-0. S t cr PUBLIC UTILITIES BOARD MEETING MINUTES May 17, 1999 Items for Individual Consideration: AGENDA ITEM 9: Consider approval of a real estate contract relating to the purchase of 6.174 acres of land for the future expansloa needs of the Solid Waste and Wastewater Departments. Charlie Watkins, So.A Waste Director, presentcd this item. Watkins asked the Board to approve the purchase of 6.174 screr of land for the future expansion needs of the Solid Waste and Wastewater Departments for $395,000 plus closing costs. Watkins Wormed the Board that this Item had been deferred from their Meeting held April 19, 1999, to give staff an opportunity to address two specific questions: 1. Approximately how much revenue is generated per month from the mobile home park? 1. What is the appraised value of the property? }loward Martin, Assistant City Manager/Utilities, reported to the Board that the owners generate approximately $10,007 per month from the mobile home park and the Appraisal District had an appraised value of the property of S187,000. Board Member Bob Coplen made a motion to approve the purchase of 6.174 acres of land with one atipulation. Board Member Coplen requested that Nnds, for the purchase of the property, be held in escrow until the property has been cleared and vacated. Board Member Dck Norton seconded the motion. The Board voted 4-1 to approve the purchase of 6.174 ac; n for the future expansion needs of the Solid Waste and Wastewater Departments for S395,000 plus closing eosts. y S-A r F t 1 u 1 i I ~.vywa0ld 0•+rOr~r.Mr+y~~ r n/ ~w r..ab ~ ORDINANCE NO. AN ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE AN ASSIGNMENT OF A REAL ESTATE CONTRACT TO THE CITY OF DENTON FROM R. D. SMITH, TRUSTEE, RELATING TO THE PURCHASE OF 6.174 ACRES OF LAND FOR USE BY UTILITY DEPARTMENT FOR FUTURE EXPANSION NEEDS OF SOLID WASTE AND WATER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION j. That the City Manager is hereby authorized to execute an assignment from R.D. Smith Trustee of a real estate contract, in substantially the & me form of the assignment attached to this ordinance and made a pact hereof for all purposes, for the purchase o(6.174 acre of land for the future expansion needs of solid waste and water departments. SECTION 11. That the City Manager to authorized to make the expenditures as set forth in the attached assignment and Real Estate Contract. SECTION III. That this ordinance'shall become effective immediately upon Ica paasoge and approval. PASSED AND APPROVED this the day of ,1999. JACK ILLE& MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t a' r` f PIN BY: 4 4-- 6 u R ASSIGNMENT OF COMMERCIAL CONTRACT OF SALE Date Contract tot Ccmmmial Contract of Sale Date January 21, 1909 Seller: Clifford Harper alt Vinson Harpet Buyer: R,D. Smith, Trustee Property: 6.174 scree, Gideon Walker Survey, Abstract 1330, T.-sa 41, Denton County Tex" more commonly known u 1403 Mayhill Road, Denton, Denton County Texas , Assignor: R.D. Smith, Trustee Ass ignor's Mailing Address: 1009 Manhattan, Denton, Texas 76208 Ass ill nee: City of Denton Assignee's Mailing Address: 223 E. McKinney, Denton Texas 76201 For valuable consideration, Aulgnor assigns to Assignee A of Assignor's right, title and Interest in the Commercial Contract of Sale and conveys to Assignee all of Assignor's Interest in the existing contract which Is attached herein. Assignee assuro% all obligations of the Assignor under the contract Assignee agrees to perform snd be bound by the commercial contract of safe as the buyer in it and relieves the.Asslgmor of any &rther liabilities of the contract. This assignmnt shall bind sod inure to the benefit of successors in interest of the parties. ASSIGNOR ASSIGNEE A.U. SMITH, TRUSTEE MICHAEL W. JEZ, CITY MANAGER CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 1999 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name Is subscribed to the foregoing Instrument and acknowkdged to me that the same was the act of the aid City of Denton, Texas, a municipal corporation, that be was duly suthorired to perform the sane by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the sold City for purposes and consideration therein expressed, and to the capacity f , therein stated. AY c Notary Public in and for the State of Texas 1 a c~ 1 STATE OP TEXAS COUNTY OF DEMON I TMs Imtrummt is acknowledged befom me, on this &y of I"9 by R.D. SmthTrustee. i i Notary Public in and rot the State of Tetw i ATTEST. 'E BY; " TEN91FER WALTER9 CITY SECRETARY APPROVED AS TO FORM: BY; tf~~ HERBERT L. PROUROUTY CITY ATTORNEY I i i S:tOur Docunmmti<ontmcu\9ZASSIONMENT OP COMMERCIAL CONTRACT OP SA LC dw 8 ' ( RANDALL SMITH & ASSOCIATES NORT11 TEXAS COMMERCIAL ASSOCIATION OF REALTORS$ r COMMERCIAL CONTRACT OF SALE IN CONSIDERATION of the msual (em■, )votimm, ww ris and arm ertt aormied n Ilia Coemel ltt■ Tornrull, 01 Putter brto aptc es i Aura (Chect oU bows oppheobk to thin Contract. 8osrr twecArcled Jo nor oppiy ro ddr l onlrar. f. i, PARTIES SLlrroTD suutM Alm M110 ""n (tte'Sa4Pi shll set anJ wnve t0 T.D. 143TH, _ TTusTSL (Nit •Puc!■se) ooJreclutser ahoy!hry indpar rot the rrvpcny (Jefaed scbw) PROPERTY, Deal ad III Ac" 0 rah in N&kv as ul F..._ 1101 e. 1A7112LL TOAD h CN MEOW 4100 0INTON COUNy, 1 eras, 600 d&AV&d 4% . a. vAL!RR OtIT. AalT, 1770 TMCT 41 i ?A It is dre dhEsWMA,SURVIYAN"R ICA DESCRIPTION,artdfaasshwvncnIthibltD,FLOOR PLAN AND/ORSrRPLAN,wgcdmwthalardsingular af' Uereun and al righu evf 4ppurraurrca pertaining d►reW, aeildnq ary rj)!tl felt and iorerest of Rehr h and to 11dpemo' t, aIya way. Sorb teat crA Lc. enprovenents. riy~es and 4ppuncrances are cvlkv(tery referred to u the "Property.' /~f1 . /1 D Tk Proprry 4136 rr kits 1101943 and uniI4 of pwoml Ir tsar nl Jrscnccd is A"Iljn' rye j1 gSOTV 1 r f~4 L t y. PURCIIASE PRICE The p■nttue prise fa dc ~H s (the Sep . neI gilp O A The P rchsse Putt ahsg b e ytr~ed y a d6wR 1nueJ Rtm IIK /trr4e Mr/)(eras s land Ore ■Ne 1 End a -5 Properly delerrnm M dr Sicvey. 11k eppk*% brd m sl■1 b: mokq;& by 3 Nf4of ahulbccometk pun" Prig otc6% pp 190 a fit. C.,bFoy lhkat Cb,nl O C The Monte of Ow Pu thin Price d■1 be payable accorJaig I nedns n A rat 8. FIN tl 4. EARNEST MONEY. A Earnest Moray Depark Wahn two lwiest A ys aAen tAc ERecUre Dal of thin Cmtnxt Tueharer skI drpait eemeA money b tk form *(a cwjled or cash&s chnk it the proud at Isa6 as _ _ _ (da Fsreesl Matey? plysbie b N/A I e Tile Corappoony'A ii b eepeiy si escrow e1eoL !o hell n eaerow pusunot uatM temu Ukc CrarbxL Sells gacyPsncc 11419 Contract Is c.q+ualy carJn.ad span Pusbssera tircb Jepw of dw Eames! tAony wfA dw 'rile Company. II' P rcAater WJ< 1o uttcty Jeposk the tiro rat Awtcy, S<la my. M Selef11 oiorL FM tenatiu t ILu Contract by deGvetng a wrten Icrtnnunn folic b I'urchser Nmwilhvtaning 11mV■t4 henn 1o ibe canwry, a p*dm of dr eirw Minty in LM k=LW 0(5100, ~ PI■l te non- eArdahle vul Phil he dskb ud Id Seller an Ckwbl rr Ode ter mi ation of tM Contract u Id ~ p ent and NtVenderi cu tessera rot Sellers prromwnte udet dm C wecl If the Cmwct h propnTj it mitred ty Puchuct zessnn to a r It of iarn minn ptud to PoeMer ty any proviti er of d b Corkrr.~ or ary atlacbcJ Addeuy, drc punka bianey, ku tFx rorErtlle ~abY sl■1 he pron. ref■ &d W Purchase, end drcp nm shag him no Artke rlAAe or oRigular4 tadet im Coatract wcepl for dace whkh avuv 6sl ressty maybe the lemdnalbn) Dot Prated U atcy O -111111 W 11411 Dot k placid it In inertat•bmui g MW Ry At T& Compaq, W Ray ideod earmJ Moon iNg become a )t,rl of ik Parcest Abney. At C1»ip Ue FArw4d Mstkry vtmIt k oppkd w dte F=Mw PrzI 8 Esesaw The Farne.t Macy In deposked vib the Tak Company with de uderrkadol WI ik Tth Lmrpaq (I? knot nesponodble for k Ue Perfonrance or nan-perfame,nc0 of aty party to "Contract and (2) b M loble for Intern on Ile Aadr Nd wilts ngiaed in Paregrup6 4A. flu Tit. Conn(amy slwd deport de Firmest 1 kreq h are a rrtae f q itrved aeeaaw h ono a mat Fad re t gored hew3+g a rrir~s ertEtarr I! bads pt Ara rake dcnand for Ua reyn end of drc rrarnnl Muq, the IF& CmEr1~rny W & sit w mq*e Goo 111 pMes ud Brow's) A'wrhet rk4se of Isrbdty o(Ae Till Cort~lsay whkh euheias the dslwacmne d de E11rtnd 7 If only one party rrlx4 dewd fat pyrwat of Ihr rt"ble pwtrnI or do Fnmesl Mnnry Ilia Tsk Contlmry ski lire no!'ce N Ik a6cr pvty of & demnd l1e Tel Company le 11tdmrited an! diected to Mnor k demand W*i k otkr perry skiver a %1,116o olkctm to the T1k Cunryny w4hn 4n (10) Jys ,Bier d* Title Caspetyls nDIC4 to 001 Pray S, SUR%EYAh(DTRTLEDOCtrMENTS A. Survey. As soon u re mmbry pool le, auf h ary evert w Usn rwcrey (20) dm agar Ua Efhcuite Date. Soler "t u Selkes tfq U%K dcher or could to be delivered W Pumhow a copy of s torrad a rpbled omdt- grad rem new sever (de Sr4%Y of the e Rcat tired Professions) Land 5uveyor rtns6oablj acceyuble b Uc Parekscr. Tyr &vvey v I t1ww dw bubn doe of &I of de bbw* to or Idpcad III Ute Pnpet1y IF my' buifnp, hpovements, 11Vtels, faverreAa, corumetls, rlM..of-we , bus. 1myeatflowPla11tat■pareotpvhkMillion. andntaQaKtinntudkmtdaasemrntagl+c(t:veyshii pvtru A~mesoachmetP Aeraa i h Aew lbd Survey shtl k itt a form and of a dow kul~(t4aable toPuntuvr and b de Tek Cwn)vm, end in scwtmiradS Uft fork Company ro nkkta dr saver ette~(or~ (ouepl a b'dxxbpt 6 art■l from Ue v~N a el laed Ares' awn IM grow lintores d / J S ose Pn my lea k lord ara Fekskd In rRL_ y_eY~paAS bait■Ia~+91 MarenkVvPP omworts rill"-way, lWyw flaw *A am encroecAu cnu nn a eerrsyLtAt r wihll de I(a})nor fluodl,C,a°'l Arai be is defined Ay the fed<ml p y Moro A'm-y +rALbsaepptabl~If Og onmreten deserM in RAY ConhacI Jsan tad cbse tN n to faun of W or ettept u~pevidrdF rorjpsll 16.C. P hem %N1 ply far de Swvey w dmanJ At CbshN IM tratb ar d knew decet ebn or Ute Prop" rlkcted In doe 9wey drat he we! n dx warranty Med and any oQw datooneris impkinl a k.pl dvtrVion of tin pro". Q CupyAgh t 19%NTVA 4 furor of (06) tit ui wr Page l 9 0. Title Comeelme nt As soon of rwoani.I4 pmlk, and w my evert wahil nwetry 12131,kys ofkr (M Uacave Date, Sear atusE at Se4rra 3 4!%P: e, Jrivrr Of cause b be Jekwutod to Neill'" I0 a LO couaoamaa 0k'I"die L'annanurt') covrratg de P b nhl the Tkh CoMpM to beua a Texas nvmn Poky of Tel Innaante (dw rTak P4&-Y1 or she standard form prescnbcd by Ow Tessa SYfe Bosh or fMaseme at the CLnitg in de full wrarat of the Puchast Prre, murt q Puckaces la sknpk btk to ON Proopqerorttyy to be goad and atdsressbk, aA*t ply to ft PemdteJ Cu%#ord As oklk*d fPbw, and (2) the rnbrwan4 docvnerss Ieoi7rclmr . the 'Tole Docurneabh (a) hsr ant b>bi capes of d tecardw tusnarents slTec•tng dr Pmfeny and ra acd u eueftene r dye Ttk Camoetrenl (b) a curets ma t4rawc. W (t) wntcn neteen iu le;vbw h 11w ragraph S.C. L. C. Spo clad As ressma ut Wsrnc u. it die Profarty n siiw1w w" s usrlty Ssutr a nato caneol gnarl fth*i to de ppoov~rrawarus of Romton VI Wl. Tears Witter Cole oreri Sc V shat ftm i, p mawif us ifen d the 'rte f2autsaatrl the rued wren ogee. Puc2ria agree b ~!I A knlw\Jtd ra Ctpt d the races is wrtut Th totke nand Oct in the t;tmat test tats, the cwmra bolded hkMadanu Ord tht awhgvsd awktarJrc•va of Ile do"I. and mart carsdr with All mkr nppkabk rnlelh! It s of r)* Tema Wales Cab. If the Pmpwh m aubod b taaudaorv meff&rnhp Yt a prulacav own+f arw elem. &L-Ir Iii rwfy ArOmer of tM eunrd elew7l WWI of the prupw) owvc:W urClrlial and an ciarem auubrt,roJ fussy, Secs odes assersroeAr rcbfry b drc f'rgeny j D Ahs Mci AI du ies of de evecttint or d e CdMatt Parlour uclaaawkes than IAg flraka(Ol IdeYrod below) beK odrsnd and tmreby uJV%W Pvulmscr. by ow wnha lMt Puc Wner ahaN Mvc 4► JNWI cowerng the Property muti e-J by an wwory d PocMaces owo abeam a dwIP+rchuxra bef JwahteuManaPUleyd.ttkMMMC b. RENEWOPTTTLIt DOCINENTS A. ReviewPerlut Pathsaers2sileye risky _IJatIt (de'RevkwPeiuJ) aAdPmhuwareee%x rrr the lest d Of dye ruvvy' m the tok Connerrrrt tail the Ttk DaalanAu. Aol (N) of reties Janus ,arts regtaeed M he Aarbhed Seller u 1)cndled on Addt odor A. PERSONAL PROPERTY. "or an AdMmdwr C. WSPBC a JON. b review tlem df Pvelrta les ab~ctlrau b 111e Savoy, Te. Convaust t at Tak Dabmtpk Puul.sr msy delver the ob*am b Seer in te"" widrir dye Review Paw Any des as waoh 1'urc Mserr does not oijal Ahd bus deer ad a lhmueJ F;aeefdoa' hems dust tM Tkk C a r n a l t y khroirvi u to be tel ssr! at ekshg wtl be dse stl nbjertiyu b)' PartWo haft howei foLe w ulfW wain lye lint prevdcd "I be t wools of the r* to t If then an atIbttooa by' 1'uraMsa, a a thtd pm bola. Seller sMl koala a dead rdah adaopt to lately tae objectors wets ten (10) Sys orar treed of Pveyasers objertocn I Can PuraJ) hfR Aclkr 6 00l ny seJ sin ire mIy you b d ao 7arnd mkrenca anJ do tea fa rtsterf L ma art drmrd b he E'ernun.Jratrprreu B. C m Pe And. If sea" cum sm'sfy tk nhXcuar w" Ibi Con Fart A Sees natal Moot a wrldel rplim b Pmhuw. price to v%pmlrao of 1A Cue Pent idalail wbed►'r;Seld It comneleJ b core des ubec MAI al or to'"t Claemg, If Seller taxes aol lirh dsWa tae roie,L rt dots not antnrnit h dye rots a to fully eve al of rM rdyeCriow Mai kl'reo Clewed, taco Pumlieser may bvrnarfo olio Caneui by buveft I V"%" curie M SOU art a Warr de tarler to netur or. )i1 the Js a whkh L save (7) ,lays sRar tk ccvhum of Be Cut Period or (Q IM aahsaw Cbnaq(uute If fhrthaser Drepurb Acd ticsp lemnnakO this ememut, des n!)adshk ported of the Haul Mosey 4*1 M bsnuWUy twnn ed to I'urclasa uaJ neaher pen sM krve am rgbfa ermyinir m wiles d h Caeouan (roofs fa chafe which nay egnsoly, witiPa dr tatnirnao of dies Cunk:c.t) Ir Purttiew don ma properly and tkrcly lcM1%Glr Va t'adract gall Pvchow Alrl k dacmed b tswa rreived any rfetaad ob}etlaa and cravat ocurN rucA Itlt As Senor M able b imrcy al l'bstyt 7, SELLER'S WARRANTIESAfyn REPRESENTATIONS. A S:atemenu. SeikrteyrarrpaWwrrucuWPurchaserbthebutdSellsdarwerfllslberolawatg (I) The. rp l f Clwl{ Sept wrl lure oe right a, anJ w d eortrey b Puclucr qmd and odeleJrsobk roe aastpk till b ht P anJ a kx t,<mry cord ern, aekefsnrdr, ureconkJ rtsem.'ttht sucufy aeutsW and odor oaten orrrcmc a etepl dse ParnaW ~PLLeLm~Delnry or the TAk Poky pevmd b PamvafA 12 below wf1 k deemed b washy do abliphon of SelLt as late sdBcioney of tale n9s'rd radar ~ba CmtrccL Ilowevrr, vvcry of dsc Tile Pricy wl tea rely se Seer Gem orC wmrontka d lobe MM braes h de waararay deed (2) lx a es. Thar an: no fynia in prsetton oral pwtun dde Pmprty u kawn. Imes al amRenrce of "on eatcept lencres todcr written kvsty livered b Yvclrxt pasuvre kI ac's QedfatL a) Nrt{aW a hveatuts. Self Ohalrcol 11400 uawrbd lhr Yryuth cr aiw as awoarlMMC West the Life lodr PrLwty. w no* or t am or cowl un of airy er►lig baxe ca Irxu a urtrmbrcrua, dory, w d e wrtko carved d Pusehsarr. /a Lena and Debts. Thtt are no rl►tMK's bens, l lydwina Curfewciai Cube Sent of times l lima dpb w IM Aopeq, std Seller shill era avw sm .wrh lkm m aru eA to k Pr4mv Irw to Cky * wIt h wi not he a Acd mA d tag Cbts* laaeak. Al obnpwrta of Soler :usvtt frank de nwwsf~ aM rp Uv or dine Pm(tny and any )nsAm opera ad os tie PrYAj, jteMdf'rq, Mat not Wed to, taus. yaq convrbsw, sabres, creerx to, and nnhrr adrcenvow Mvd Area put u will be pd duster to Cbtky xeop for obLplirs fa *11111:1111%) rkd N we magus in Out Contract r(r prombv Of Cbstng and am palchalrvvs uk,rr vaaf ecl lane allotted the'! wr) he m obiptrxr or Selo with respacf b de 11t4ertw oulalandng is of Cbsey 151 YceeAast. arty kcg.r L, lilpentivt . eaLlk rre tawlicnpa a& l ~anova.rfld gad af(rcRu doera"Ayerla wlah s a asansnanwniaNcvla14~er R III* II*drttr flfderetNV Dew. r f c r (a M ate AAl De t cu. 9ehr hu du beard to PvcfASa ary and ul bsoan eaadlt aaa of a mrtarl aahae wrdt rospeai b Iha PstOpMv rfdlkh 1 ' may athet ft boll of safety of any knAm a ncyart of de PrePcrty. N)rept a rfiscaad ill takitg bT Sebt b Pyaehae, t8tpfop~ey aM m frown bleat mttcUral ckrtuw at aorotnauat Jcrab of a nabr natin. sad am or ds fatpirwesera hays bast carmsnmbd tykh raYirii k o" to be a pieetol leallr Mmrd to octupw cd oe Muprrty. Pa'thow scknowlydses fbd to Shako(es) Am" cal ranch any wratarra or npuaedatio s with srafrecs b dw cardAke d aw Prgeny a alsrwbs, ad Purchaser is relying sok4 Vas Punkuet't v" Mnepow *W sb rcyre oa" of Sala. d wry, Sckr and Pwchuxr Mau des toil de fltuhr(s) . O Cupyripli 19% %fCA0 rwm Of (I.yid ILI VIVA Apr t 10 r lwnnkss ham ary and atl dvrtudes, cloirs, <ona and ergernur deverv W oodChanckr renrR l from a tekltd b the f snili4 to Oils 17eoirr(s) at Blob: PonHser ut arty fa be. rrorrect or rrecrhla rtfamakM w41 n, pet 110 Ure Property, or ~clrfs cacea[ry rly mrrnvl nfaanmion wih respact b dd CMWM If & Property, Ire I PfYardaal M ate rie4. CaCep as c4rrwire kiond in wrdi4 yp Seir b Prachaws. &SW wsrrany and reppnw dW Ur Pe IklrrE mmmmmrerds Waled mct m) don nol cmue my lls mrdous "b (rlrl'sad hebwA Prehaw mchbwk4ss am erm ,ram gttrae I'aktal rWir, and Yaml kwa and reguktorta mry reyrre mry Ftarardwd A4ateriaY b !4 trarmval W the cap W of Uwe lrrd or eumm u b ldre Jim- aterad in the I'roany The air ' a m Droken s) Pave roexrtae.vah r g ease ur arch ronmgl may lt sukram Phial kr t k* acbaro s mat am Ur R sped to IiaarJars hbu altnlhayh the atal"A a) wi diaclrc am menial hmwn Ur P.rokrr(r al rsr how uprchvsads Insemc Pvcf HArrarwb WwrnA un the rrgrny ruclaxr apes b )de sokiy to O MW WUM110Y aeYcted a apyoral HuNdma _ speet b tl u cardaixt d me PATtr y and r~ trot hod dr Ilro1'gt) reaportebk &Y pi s m e cnrtl d cv~0 ne s c in 484 Puclow sper to w&mdv, dcWal and hold tee Bmken,t) Nrmkaa from and operl yan 6 chin afla Urtle ! hahp bW rlrx krrrd b reusauhk• actweye fear and eoun Cora rebw loot arar4 o u d Asarda ms Witrrb u 'ropert). Fra p~poae~ w UW t.'osrML Ue brm 'IfalardmW hdalmisk' rrrralar any pokbru, Wx nMrrca, Ok Nurdotr warm, wardoMu makrmk Of hvaniwu *OVUM" am ckrin d mire pvwurt b IM Reaourx Crwemtara and Recaya7,4114 a anrrdea de Conpehemm raivionnental Retroar, Crmpeneal m and t.61JOy Act, as amerdlak Use r,,*W Chan Water Ac( as ememlolL or mtr other Wcruk auk or beat dnwuunemal kw, rrlmdvtna mdkrae ruk. n hykw, whrder cxkrs4 as ut' Uc PJrcckm flats a rddcgr Mda Cracked p1 Operubn of $be Property. A M the rlrecft Dale rsmi Ud Cld4 Dow. Seller OWN) wftk dw Prop" Is Or sire marrow as 1 U► Pmperry hat trey optro ed and (bl mmidnn pre rropaty in dd salvo twd" rN n Ur .WM NWNW at exaaal oa Ure Etfatm Dote, m fa v i edsrry wen .id kw and any rdariy blew ep S. Remedies. O Archatrt r6scovee mar b l'benp ant my of SalWo vemn-s or repryurartae ham ham Worepresardad or fs laaceuar, Purcluve may w* Seder promptly n wris4, and `kkr mov anmp to carat or tmkxly de mverreaenlation a iausir ey If th mcnpesenuum a mcrracy a not remedial pots b Cbsr4,,pon wrrkn notice b Sellr. Purohmcr arr. (a b chin for breach or wanmrrf or mkreyreseabWN a fad debt' Chhvv~a Micropolis b the play, raid iota ( dl ) days afar Use ryn x rwcuracy s mix" of lair exertae Puchators remedes fat circa by Sear alder di ectorsci A. NONCONFORMANCE. Yuclnver bus m w,7ixk TKTMbrtb nf le and pVxA ay at M x kIpr cv mis ctkn ft extern or any Irrrialkar at IxnnrtcJ u+u of the P nr Putbem ackn'wbJyc+ rout doe crrrod JIM tee or me rropertY Ud pora Trem Ircakd m Ud Ise eadurm to Alrkahle radenl sla4 u raswcipot hors. adrawn, r==Bo Pr"PRh (ar huh) Orr K tag s~dkd rea, bird iMstner, sevhsck ttqu►cmmu, t11ruoul rssm rrghetnerru, UAL d on Covera D hIW area d Wed uv rneerny o7 du Aftweaar WU M(pire bn Act. a ark' errwr an! olhu ml leers mo a or owbbilecL ut r4l rdmrr t y bee nwicodoasommic' inW`l upar doc mended ux of the Property N Purchaser ReW Ilo*cv urea b rin a*wer. immihuldom rot a rmax'otda~nc wrh I" ftictol tar n ka.ol Lws. admnea• Coda a 1 uhum. Seat shl Iltmaw is to die Propary or wkh rarerr to hny nontonrammndr of the P4~s wamdnea ON repot drrklskr• re el row Nmkgtl ca+cemnp tee pgmird uws at mriAy, 0. INSPECTION. /Cbecd cwr/ m A. trope cons Detlad Pmehta dusa b rvgwi de Proprty and tekr pmra hr Pur0mvi the rod b irpect doe Noprrrry u descritd h Addendum C. INSPIMOM. O iaepeerka Nu Necrtsary. Patient' arkrowtxlpn rind Prsohsmahee hepeckd dr Ptopraly, ik ~ and a thrarrt * femisr wily is Cerdardt I'Whaser hedhy macro Uc f4mrrerry to is presed taaYon wap Ctrl I W miry howwu be tarred by nomrud wvwr and bat Irm b Clm,iq{, bu %OvA watvi4 macro qMa ly vWre or tkkra rcpnserdaWy an{wrtankial aterew h U i CentroeT 10 CASIIALTYLOSS ATrivltdhavbUdl'ropcrryshtlrcrtarn,++aeSvbpararthuCbn 1r, It J:etroyed by 11C IV gaff C.,"iy, ha a hdrkril Eaea (WW UWA htchsur may eod tmur~nste rrhis Contra~et by pe a w iML temdvctun nave b Sclkt %*A ka days As me rhaap ecern• or elect b chic lf. prsrr b k Cb o dr Property is csstaby in his lions Nh Wrv1 Fxk'rk L4 penis dot 6611! M lYrr4 d fsvrrloi hat's dr me mmnrsctm k yr ski or °my Ifirriot 1W by M vbnrac a iatrwri xt Urcn dsE br ro ruhrlrvn n lid f r~ichuse rrkd and d"W Sehr sirl ai Sepds llroba f i) fulk ryrsi dd~darw ja Selk1 r rep be' re l i) re'nrMme Puc hmmer fa the draw Clip d M"24 ale r pmt' Ily Ab*v4 I u those vo dedrwt On cow Timmpbe' 1u eaak payable to Seder al tee C13ft of (d) avel~ to rlei.wr rvl d SeRlr riew AN iAenld o uy Avsurcd praewk tenbl fmm dedump er deNnelimL jduo an ancdrt tips) m any adunmcr daduetdde. 'M 161111 U111 6d harem'roamer &mw a dminxian i 6d cod dropaiY4 and ' oxrtY b b pr!viaa conic ul cxadada km pome t (10%) d dig I'ucksa Pew. h stalaivE N lm If dve cWcd arrkorp a tM attoont d iruraoce aroiUkk F 11111 Ale to he deermi ed prior b Uk Cbtr4 rMle, a the rrlmis ire rot ahk b M corry+kkd prbr b der Cbss4 Dow 4* t phartty rosy 1a ipmv: U►Clar4 Oak by Jelw, a w?rtcrl ndre b dot uUver trimly spre4 4 on erderr)l 'larq fate 00 a rot ion dta11 drily 1761 dlys :r At Us: )+renariykheJukJ Cbsk4 l7ak 11. ASSM"ENY, /CTrerioadjaew/ O A, AitldameatPorhlbGed Puohsanay notoutiUvlCwu+alw1dow!k ka'aprkv"Ilrnearatrt ■ b. AsrlAnnem Plc IWI A Prchreer May an 1'ur Na tnkr chi Crmhael, in which 0109111101 Plselsrra alai by leiwad d arty Mfas i aerie m W" al obfp[bos "A ihlbs of A O C. Umlkd Ai slianroe Ptssherr asy u vii Cimut Clay b it skied party, IS Aced as tU an atuy h Ach Puchomms, h m Do porter or corrxnk ofrear, or (1) a Tnemlrar slot Ud iaoelou fmrrh ref Jr PWCMW. Arrehuff rho roes ibh WAN di Cm -'t o11m wipmd to m rehkd parry a~ ete'ufrynihr171aNf ,%gb"01(LAM) tblinfaa R4a7 it t 1 IL CLOSMQ A. clot leer Dane. rat cbntg of she trarextoa daxribtd er do Coobocl (the 'CbritSj stall to held at I OUO am od dw lean of "*VA ant/, O WA Jayt ally the Firauc Doe. tr N Jo do" sler de expiation *(du Rniew Period or rmpeeom Perred (wh dww a 647Y, ue U urn M/A (dw 'Cbng Dreg at per Calm order Tilt ~o~r~~ ae b addrar rmkd hebw. lArwcm. mater ob~yoetaen vdrahtaxst property and tree rrvdc by Ptrc)rttr ptnamsa u ~ Comm Not W4 berm creed oe de sckduled t 1MV Min, hm atrr pray y puny om the doe of Cbaop by deFerr~ a wrimo notot to tie Oder Pity spa an cxiadrd Cbuti Dwie wtah o nA mnc tFcen~d rp ISC) days ale de pnwwly xkdtied Clo tx Date. B. Srik•r's Clwbs Deuvsarrms. N da: Cbvrg. Scba sloldckver W Hechueral SeLlsexpeee• Iq A duly tvxtsed (tAed ello < ti Core rxd sev" Deed D SpeeW W.mMy Dared Iwih VereWa Lan reieied tram ueb p-^hax) comevrlt the Prorcny n lee Srrpk aceondiv a dt kltd dczx,plrtn fxvp%r d by tlc arveyor u down on de .Atnty, subject nah b the l'cmvud Ruep 121 An L04W'rak I'Mm ft a mrmeru' IM Wcnnitar fw 4o'Cab Conpurg b um procrpdy a$" ebfinp tht Tile Poky VWuW hr de Tull CuW A1rrt r&AC(o b dt Pnmrbd f rteplrxn, n da ti wwuls of+k Put:low Pssu. Jud as ol~e d.rr of Cbmg and (art to ddtatre! y ~snantwst) /cAetA an av rltupyUoellef ®wd de orvty etoepttwsdskrnl al &llrrs agoac bW rut ra to %orayes n area) or O wwh de unry tueyrrtt deleted d Aie#rae r'x erpxsxe (his nR r b 'wFrruyes ana"k ll) A Bi of Sale comeyig the I+ervYM1 prnpety tdenlrfod in Addeaalam A. Pf>atSONAL PItOPPJtTY. See and clear or tittl secuiy inernts and emuobmeea, nbMt rnty W the Pcnmkd Fxef+txtra lW da extoa appiiaoWt t (1) Pusxsson of Ut Prop", ndlecr w veld exiting kaes and W or ■ppioable PmMed Exeroons, fS) Mrtn;utd.atisr~~edualbaacr. (q A oaten terra roll t ertdN by 5eler to be fete and wetnb: (7) F.vd=v of Seller's autoray ant capudy, lu c low dit nrimetinrx (p) At tdw,J,vArmu rwuombly regtared by po Title Coo"M to ebse rho Iratmefinn C PoicMu ra Claakd Dinar ela. As dt C'kmiW llrchow dot driver m Aebr al PtrchasuY's esprm. 0) The cash p rwa of do Pucbavt Prize. wih ark Fatbxl Motley bekg aprked dares. (2) The Ne to rnd the Doid of Tout toxey 13) An Aunarption Apeeoers in raeordabie form a"i g to pay at cormausxe ptyabb Wes any true of do Property, (R Fvxle ere e(Puehswo's aufnrky and utwciyy b:bse cis trantsctart fs) Al Otte doetrrcrla rmmpmby rae)tiod hF dr rile C'oxrywsy k, elose d>. traruoctnrt D. ClutkjgG,ser, r~oh prry s)al r+sq u shn ofde clwtq GOee wlteh ah crmlOrtaidy (ud by a Sckt ur PWehper n a oamstwo or du clxrxicr ie viie eoiny whin tle Property 6 bvakd, ar m udrertvnu speed. F hotallm. 1t TA lease cmnrrom, hL7c 1, nrtnnx rm_munL naiseturta expmxcs o(welge~eueA ud ad wbrrm taxis for da yrnr orCbseg dot be pronW Al the C lotr ettieti a as of the (w urCbsia Any amt►iy deposb kvU q stie dollb~ dairerrd to P schaact ut do Cbrrq V,,# Cbtirg ocanr Loi,ra de tax rare it Cited 6r "year o(Cbi% do ap(urtioor i of iltt uowa alol bi " a do Will of ON Wx rah fist the prctedirg year appled in de Ltd asasnd vnkawq lu wry ditme },clwxnn asrinrod Wren be ark yet ot~baig OM the artwI usn pad brr PMhiscr ehsl be sdjuotd mpdaby bclwea . de pence yam rnsor of pynert of dt late: by Puehuer. 111u rrov~ion t1o1 urvlvt ark C1nryl . F, UmAssarp" VPuclxuoanunmaaevougmxlirJ*nYClrsii,Puctascrstatpe (1)to&L-=0'= tlks cparp!d a k4cr. a 13) 1bae a ~a am t" I in tN aft~__Y(rram nouta aetou is hcW by dt Irndrr for V lbr ttd of Trod b Se ve Aovspiion ll ratans b dre r . n k n gtmtd 6y ark larder. Sc lea +(rl ublail rlo iedcr x careen ih wt;rh.rd &4ilt ark eonrc rs to Ptrrlrw<t rt Cbrr~ 1f Sekr dtxa rot o6 'the krdeei women axrcd Cdngundl ud driver k M Pudsser d.nr beAre Cbsing P achaee► nary temLou daa Coronet by &f*ritqfo wsi m terrnrotan rwse b ykbr iomc p m rM rc"bk r vii m of du Fanera Many wi bit mffT l)• rwtSrdted to P=6 w w the patio Ad four tiWMI orohlpatiorevrdwtheConner(cxetptAardosewhkhm"t+q+"auviede kil0 rono(tlieCW&W). tl Retlbaek Tasaa. If chi Bab or r ehseti. i t7e of tfr Pro perty or chid of a quit too wkation on the Property tkdred by Sale resub it de atscsom, alley Clueia(orOdd"l ums it reriodo of Sellers owtentiif%rte addsoral noes pks may par elies ad kratot dtrl be paid by Seller to Purdaser kmnd" spun rte by';ckt ofa rewrrea (nr de wits, ur" di box 0 i cfmked o whib uu Pachnersbal pay the addeonl axes plus any paratya and isorim 1 iw nblMolon shl srrvlw da Cbst4 Ile Nivikn Fauna NatMeatMa U,ScI~ e e Ftire~(rt Pstsal v ds6wd b dr t l 3. W"I Revenw Cale or tSett ktr b deUer b Puvlawn a rot►brprt uLlavi pursuua to gm" 1111 of do trsateal Revenm tide, darn Puthrocr nay w0ail front the obi proceeds ao urwiv rtdkieer W cnmpb With A[ . hk• t+r kw and dciaer de hV& W pmree& in the 6aerral Rsvenx .4er ice, b~dtr wih approprile us komn. 71o ngtntd Oddivit(s) m Scler(a) del eabde t1) a wremrrs dal SeLr It not a far persaA (2) the U uVeyes idetail{Ottao ntrih r(t) of Seller(s), and 0) otter ttkrrroraort regvad by Afton 113) of dw Sraenol Rcvtvue Wk. 13. DEFAULT, A Aorahaatrs Acaedtet lrSvt r Gi us cbse d it Carnet for mty rw rn raca(x Ptrehtdr dcld of dt tnreinalba of die Connotl / ptrsme to snIC~'bIa to ortrorae eel fordo k this Cowwwat, SeLr alit he n dead art Mralrter tiny that A ere am of de lbbwk% y Ptrahwt't t A Ok rort<dy) F dome ttpeak paiiwerva ofdsCoriwlci, t7 (1211 &M 9A FA clamapre apiat ichr, so (3) Fitbite tfetdo lm inmerae dtlas Ctteeael ardM brig sd 6t damp agairm Seller a L1 (1) TemiWa asd rekw Fe4 Turn di Carom and enrntiucMty roatla do rokaeLbk pottioa of It Fir xst MOtey. Sekls trlre to tataly Puchanx+s objeetizas under Perbro ob A slating deal M ounneme a rAAd by Selr. O C pyredd lM NtrAltArwe((1,%) ryl sivn Pail1 12 B. Sellers Reaedke. If Pte i°n tab to cbre the Contrict fa aft) relmo cvccpt .SClbra defauk or Ito tamomn of U Ccaaon,I pruslsve to it ryh In tmrirote wt forth n y Curbact Putlusu steel k in iW ill and Seiler rmv dres ektl one of die inamir , m Saida sole nOnstdy /CAed n/"wey. orplf/: Q (a) Wanes,tcfcped4)(mmenrthiContra:r. O (21 P+*VI Ad tae dvnaga agates puCMser, 121 C++I'on.erpecfc{rnarnurceeflhirContrxd~riNorbrig>uif~rdartq`esaphslpun:(gser.u 9 (e) Hare die Parted Morn pad to Scla as kpatbkd dwwgcs for die PwChwwes bewch of the Cowan demb) nebascy Pwcbaoa Itm Ito Cmiract 14. ACFNCYDISC LOSL'RL. A. ARe nc7 Relanaer►Ipr. The 4mr T)rokulsl• rvfus M the l'm ryd 8wter unikr lire Conperulry Ardis, f appb able, a ad fart oa tbs sterarture pace 6ac h Atoka kus Jdra wdv to to I atYlr) list OrCArr rrpeseals err iknifed brow i(t lire FFreooktaw 's KOY u N lnurnediay. tiro that Broker will have" the Atha o(an taemiedrv), and the ntam 4ary dkiwiru rd enrrsert rrnvi:km apply at 6.~t fanlibebw /EaeA &4ff ck'A ' tae/ (1) N Pr x prl Amker m. V agrrm I'a Sclet unlY, m O agnd for Puchaaer ucdr, or O an nteme f ry. (21 the empcra" emiet is. atom fa SC kr only, or e agent rw 1'uclm et aJy a U an trrnredary B. Ocher Broken. Seller and Pwclaur cash repimro and %vwurs to Qx otha pw v dul such pruty hap hod no dea3oel wkh any pmm fens agan' w I ruler n contemn with the nedowtion of"C'wW &rA'a tee comwwwarw caf the prnlasc and mk ccnlIrraolle~vd~ Merit cowl Van dr Bmkcr(oi ion" n this Cmaxt. and nb mal edak bda, agerl a1lmiey, pencil hill at Coley, utha am to Bmkti(s) a end" to any curranbvlan w I'rv<::'e fx b comnnun w sh tw harsuchar u to rend of eery d;alnp car ecu of cedra Soler a YuekKr. Each potty breby aQaes to tidemufy, defend ptutr t and IKA1 the ot+Cr putt harmless Iiwa and ae,rrul ay cods, Csperues or lobby fa eonpensaton, emmurbq toe, or chvges with may be eLmed by any agent. AKICT a odua 1044 rym, odes don ibe tared hco eifs, by reason of am ditbp a acts of tie tide WArd Inny C. Fee Skirt SILK and Pwchasa each oclimkdte tit Ile Prbcpal Arokcr may pny a Immian of the Fee (def'ne l below) to the Cmleming Ikoler Pavmcrt care palm oldie Fee M the Pnt}gl Atelier in & C"xmti, nroker shol no stet lie fahciory nit bciurea de lance and Itlc Arokae Selo akHc frr ia)merod or (he Fee h the Prieipl8roker mil The Caolwmin{ BetAur swab ieve m c ktnf dim* agattst Sehr D. inkrmed(sry Relationship. Itcaba of tst Omkrs hai let mcd n Seclbn IJ A rMvt that Broker it actag a an kiarmdary, 1it Milo warbutaac Quail Puecheser ad Seller hereby caaua4 to Qe bmrmadwy reLlinohq outhave a me rapmtke Broku(s) b Oct a 0 turlsacuum aid uknuwkdce dud the sexec9 d uny tgtaial comparaatae to the Broku(s) wi be Ltd SeGmr, caul k Brake(s) may also td is fee loti°leeheser. A Rd esiae broker wire arts me an Iwsen wrlHry behraso pines (a@ irwsctkn: (1) may not viladuse to else lamismer that serve M/ setepl a price kill Am Mile piing price wdess olberwbt farlrected fa s t e pant "dog by Se Ile r, (2) may not dlsdese to Seller that Purthrer wgl pl~w a peke greater don ae price sulmeak 4 to is wrfrtea @Or m tbt Mer unkls otherwhe insrmciedla a ieperiam wAN by the Nrtk4er, 13) Way notdkckgeagnmlhrdlalhubneadelt ~-nYlaOrawe4aaPony lp C&SAylmtnt44111ereal fewbrokerilkMeddled tr,( la 1111006e, uakro 6401'"49 Imnrvlrhd I* 1011911`1144 wdllag by Mile Mepecdva parry or noloked to dlselove sorb labeadea by t1w rein Real GlateIkemeAcIcarscoaAuwkroritIlse(aArisetleamalerw tvfalcrrt)wcoadkbaoflowpmptrty, 14) ihareinatallprrtkato do irmakdoahomodr,and (S) ebell marply whir 10 TIMM Real Fit*@ Lkewe ACL Appo(nlme nb. gmkcr a Mathal,ed to sppont by pmrlln wttlot Dowe to the portico, ow or rtrte lkenstes assoctud wfh Broker to Comn"ncou wish prat carry Ott nn u o" air ae pony,.v% caller renine oriel remw's sm& mw wih wrier to uarrmrdrut wm W Cagy out ryrra tixu or de aid err (arty a panr< hit g rpaariru, nn rip wt tJ k CnNme muy IKOvvle opbiou ant ndav a to list peAy in whom the Lawn is .Pp+uteJ I$. PRO"MONALSTIN"C[FSL A. hymtne of Fee, Sek adrm to pry the Praciial PrAm a rmle.mvml xrvke fa n cash (the 'Fx) for peaeulad the Pvth@Kf aced for msadhg in aw wpwt or"Coritmi a lbb%t al.-a~teewnk 144) of tin aakas Pelee at e:aatna.l'M >rinekaal brobor Mall roaolw three neCUnt r ►r 1 ena this Conosrattna caroler aMSI i6e61v6 t: rTi 6a e9eent loll it the rar6arlonal "rVicee 166. the Fee shall be earned upon the escCUUM of to wdrut anJ NO la: poi cal Llmrf, The Fee is eawd ewhs'eis. ( mw Ianwalun at'thm CunaKt (C mco a laminuum by Pwc)use Pisani to a n" d u"mmikn h the Cmbactx ter' (d scary ddaak by " 1lahCt"o" rkAtN* i h tdr C~watl b Itol COMl:llwlrtlJ by fearall Of Piat)surfa dcfoul and Sesr discs riot cixt w etifaet gwe4t4 { Fn sing oat crrtcQcane-haT d de Hornese Mawy 17x Fox sMl b pvabl y SILK to dr PrFe~( Brdx ls the cooly lA wfiki lie PIapMy Y lxn cd Selkr ahe3 pay addrtIyy nppkahir.mks tales ro the Fa 1k Fn rfarT M P b a list Ctaky( of a scale of the Pt~aty by Seks pundarY b iLy CastracI (as ittaq k atncitdcd a etsBred), a h tw evert of dCfuld wd:r tda k'rwrxl hF &Ta a P4rehoacr, uvAi4 to (Id) 6yr aM Ibe asiadWod r' , Chmry Cau, The tale Cumpr~~ nraihcK escrow egerd b swAr4ed anJ dttcA~f w y ik Fee to 4k Prbei al Brder lad d the ebalg pat.b err. J r t AM able, ad car tst Fanwat Mwwy r4 eery who ~wCrow de(aal nwL pustant k tdM ConrnCl A. Came of Re9a(eed I ucheirr, like anJ Tale C agree dal de B 6kRa) aJ+i9 a tlJd p ufy berle{k bry(s) of tin Cool twill respcel to dr fee, ord twit re ch++Iigcre air)) tat track by Pueltas:r, Be at the rick Conlpaoq as to (be tine dpaynant aanral of pytaeM a► lie owliat rat pymeta of em red "tiara Qw wriwn eanenl d des AmAcrio) CCopynghi I prG Y1CA11 loon DI (Irbl rvi vi as paN l 13 ~ I• V I 16 MISCELLANEOUS PROV0101% t. A. 11*01vs Dirk, The Wee, T er(rrc Dalc' mum de haw of de two Jenks oea %v&h Phi Canoes a M red Ly Sehr and Paulette. as Frdk tied by tki spwduew tabw'. If tie loom wv b.veer e & Cmean fair W vmg4w der jLle of amcutioo kbw 16as lmtvr Aptus, tlr ruccuw mie slal l+c the dolt" Noy tauter anaacl e,+cbawbclld by to Tab Corepeay. A Narire v. AI notices wal akv cnmwsoCatrna tequied a pmrraled uwbr ride Cuarxt mW tY n wile} ud drsl be dared deiwad whedra a only recefled a nod an the ender 4t (r) uceaal rac0 Y debated a pecaoi rr b) rnesarliet w6 ardmct of dsirtrya (s) Matt of an Cbc tone faccmnio rLwnasn'un I TAX') w Al catlmdbn of delver}; or ('al tqun *wit in dr Unkal SaW Mai at rDglted bebw. Naves nay be Ir+rumiscd by Fns to the Fac Wkplvrr_ r m %M &d belw, If any Noaas delwrred by moil treat be depoeied is to U s Postal Savo.. for. Chu pmu;e pCposl and poimrf f Ale wed k, dw nkndcd recpcnt at the odic" vet forth beinw. Any parry wr chair. Is maim Fur auuca =s by delveretl Meant taste ul' as o:w "Jess ta al aria punts n dtc m w r r h 1 forth utowe. Copies of a1 wrbra norkesd ould abe be J~bered w ilk podia Pd Bmkex and b de Ttb Cntapn}, but 4iaa fv taro} to Puicnl NraFct a de Till Canpany sra tot cane m nAheswie I. properh delveted recce to be negative C. M olual Terainarlon If the Ca Watt b kndrinltd by uartul+pamA of tsuh ponies at Sects par to Cbsry, den ob4a'if of etch (nm wiled ilia C.rtract soul lermnle, ricer dal h) SerFr +nd Ptwhssw slot macb pry orr•hY7lhe cuel d dw Suvey (Y Snerey tests fro wtutedL (a) rurclouf slal ppaay the caws in tap it am durate to Use Ili% Pty anal by Pucloaer at as eputs, fir PRaa)aser del dalva to scow unr reps or 6xiernents in Pumism*6 Inevavraai cunCemsr ilk Properly, (n) Seer Octal pow Ih Fag owed b ibe Pft* War, mead (r) web µM dish perform m1%P other oupraa which e*,PftW y noun" the tertimivr of rhir CaarxL Thd ubilswo Gamier"Iwaesyh slat strvive the t.mwnnn of Lhw, CantrscL The ream u( o,ry axdtaJ krouuUUt apeenrera w,i ayrrsnk and c uarul ova the ravorwo of t!Y 5ectot 16.C to the each d" u6r vadlsL The Section 16 C ilea rut appt) f Putth w umbkrvly laminas tits Ceetrkt hr vrae of a laJrutaooa roe sit fool tl .elan. me the Cantract D. Forms. In vent. of s lspae ua ta the loon of am Jocu dcra ragtied wiles then Cuneuul Ihg naal racd farm psprnd by to No th Tema Connemi l Attichioo of Ralms.Im, tavahbk, w ti de 'wit: Wtr dTeaar, rmdfed as rrategsry to corfoml to tk nqu itmeMS of Ilb Contract star I be de coral rtmwwbb e . L ANurneyt ream. TR pnvsivl Arty in any ►;al tirtut K bmrlhl b Week W dirt Cmeacl or eerteattim dal be erdikd to tetarar limo de non•pevad y punts coot eaten, renamu* aeunrye fief and al ester reteta** Wile n evpnGes. F. lotelrartnn T1ti Cottracl avatair d► nmplTe opccrlml klwvsr ilk poetic. nth rbpvrol N Ile Fhogay aMl .entail bt varbd ererp by wTglen apvmnem TTre ponies apcg dal rake air nu orals sip" agree me, uuabrswrayBe, ropaseomatm a warvartrb dada by rte tiros MIah art to carcus Oct fonhhren G Sonly al Ary w,rRraNy,faT+reso,rmlitsP, covurait curaGlia a►W euteincd h ds CuuaN tat uhmrir dicherpd d mire Cbary wj strvtvc dw Cbsn/ of Fhb wmmctinn H. Bindlrrx Elkcl (he l'mlrxt ahtl Fart hr den dseft of earl fie t*ar^i ogee den pu9cs b dui Cmtrau W Pei rr sP«slne haFs ftpl n"v11t2trve4, attecaswa era) assign - , 1. Tyne for Parlermsert. Tice b of den esvaut taekrmb rm6im of dd Caneact Strict corpirect vvlh the ter fa paforsarrerg b recptied ' Right of leery. (loam rctwsnbk udvarcc notst ant dairy romol basest tal^ Pinhoon. Pratdatefs imtowiwivts dud rhr Urolcr, ca, a dhe riFbl to voter rgaw & Prat" pit to Clabtl for prpuxs d'virwi%ltipa till grid LDr imimil "-it of due Property, w Ioty es dwy w ra ..eea:"A bWrfete with ow get claw Pn+Jcny ty 544 or orq icstrats, n cuk usher damp W *A Property K But lets Day. 11'ary dole d pcdurnotce wart dnea Gwaltcl fat rwr a 9utuJey, Suwhy rr Teats kpt hoiday, Ouch dote o(prfmmmee eMl k Jelenad to rte rc.K dry wlu.h'r at a SmMlay.SuNar nr T.•vtra bplta,Ney. ~ L Goviceealnt lieu. Thin ConuDel thin k cueanrd wake arsl pvwW by the laws of die State of Ten, esd mist uttrawia pmrted wren al i-Opium of r e pontes arerikd rrdcr d A Caamvt in k be purls rol or ire cwty wtL"$a Pmprry b baawd M. Seri n a. If any puvbbn of mini Cor6ul Is kU lobe irvnkl Apt a trrmfmubk a taut rrf te►tl nr unenfunta porbtm she! rot $ffeet any uhf prwbbab, old tee aMacl thane uotrWoJ a If OW &PI, Of t OMWCCMft ;tMM it etreRd at1J do kltd Fran Un t'ontract N. Dhctalm+n Pwttnrw ualntards dots dud etwle bruket b "W" to alvW to twin cammtit reel flak am b tat ail evilest motor d kw, ws, Marc Fer, etrwritE, ha~+aFner mapybk. ttgiatrns, cuabda lief sc faly. ,dews, bnJ plreit{, rehiactrrr, err oleo Amwbanittbh Rwlnllia Avt N(Atevw, th 8mf cr(eJ w l in lose k puLMeas ary nakrbl faclu■I irwwAi'p whkh thr Broloa(a) mry peon abed Ibn eonYiuat of the Pra(an rvrb.ter aekra,wkdpv dal PlrcMntr hat bamr ed.wed by !ten )kaber(y to Saab a~rrL aaabtrtea as tads ttrwRS. Teal Ilrtieaa{s) ) As rend rtcetiate a Pmpcnys terryir►g With brriie eodrt, pvcrww" adameM fkbtrt #W fret 6W faW to & w a calm, a lm, of'a Prrau~ ur ILI cmrinxims, f rat Matt to la aegi itL If de umlertr) peavide Peeress f kuwasues Of wises for adder or wbkaten, ft A rirol.I($) du reel wurra t am swevta d to adrtcen w kit pubtk and tam ewtat to 0640111ty of pgsrty to be wegtFak St Brt! O) do ~ r t ` r l' 1 not wnnam rho d e Sckr eiIIdec Ix 7 a ml popr riy&k~is or Drier erfea pattFe k the >'rr+rry rt lilt a &IWL Dail Sala W i-or ntJRe to }Pdcrmfy, tkfced Graf IoU to f3ro1Cr(s) ItrtL rtFit is rbh barwc(at }rmnksf Front atat+piiaM May W al WAWu& hbQ=16 dcosw, and rvpruca, k0krp (Jot Jot bested to rLworrbk Avrnc'yf fees cal tail tab, Jellied b or erritt ad of at b acv wnIrbilyyfa repsssntadna +baa den Prgeny a naMerr arolyreJ by evptnm (n addiw6 k tie adeA terodkd bl appicehb bee, Firaker(sf mart asd amismc ne166utar, a adtentise, Is rrJW W tot rein K mitt red, f sty, pit to for Dmbet(s) p>rrurrt to rids Cachet OCar>nlhl IM %11YAR IWm0I (V%) .If'It 1vat rya e 14 c u E 0. Coa merpoft Tho Coulmt any W eaocabd hie laaokir d 9waiai cotderyarb. tiaci ow rpA b dwiaad r awwl sd as eaniewu drt cafedm . minim am wonow L ' P. G ads e, Naasbe r. Untie do ommula 061N wie al pwawaa Wed in 6o Caalad dol k cataamad b liable 6, 06a t ptados, $ whodmr utrd a Ur mawolk, !minim at Now dm Wadi b er;Q MWV art be a otmod b aldi 16 pbrat and Wadi In at put a[ ehsi be ewtrrmd to ntrb 04 sbaaw QQ MediUva Its" &PU abut nbbv b IM Cosec! (des ielaw br lint biked w" j wad or !a Pec ttrom posy 1'te toir+e dr BraWap won pee wrikw tutee bete 0dtrr ptq(s) ~equiid e I ineiad Tarts to &on* to fools 61 CYp ea by Mi irett=napl in Duna er mutesso wien a Petry ttaarrbtr beirout Oat Y agdeahle ow of baialar penmd it about toe". or aparry' ngrw bpwlia a cqutabk ruL-C Ibt pueem are obiplad to Out dio otcdrtioa peecrkeo low in r1~t arbiroaat a may ado moat trfi6a wmal de}y SAr retrbl p IM tncdbuw aace, each pqy tie defier r wrihe dep.6omr b J atlw situ! ore tortrut of nna a rim ial A I wi6 oalaiy w nesotw die Dirpoc a rue h prtf s brdor W" 10 f 10) &yl am 6o drain d rliq dtc Twum Ad wok a OW fad WoOt is fount m Qmhrtal among so sad ' on 1f b paRp e~c ardb w brrfty atpeK ups a a npbbb nrdbwr, it pie AW anptwl ny cbbiy srmbabie prbk aknrasm a nmum se *1 eanbotm b appid a wdaie. 1a wam&tm WO 6e NOW for prow atml paatptb desolw a sunk mamewo tine ad pbte ra the irdaeota wish b no War dm 6* tLV) days aftr wbelM of 6 Milanr. L a PmAtim etch pwty ail btu «prwanlad by p w al wait awt arty aid d'actrtisa b tayelble a rauLbu 0(61 D4vw, t+d bhryy be mdi rgaMd irl women! 11me t nedtriw gal 1K a+m'aod bty to, of C 144 of 6a Taw Itcawdmr and antra Cnda, wd tool a sib Y Ik trrdinnr may prccrbe. 7W art mad amptarut of dw wad.im is Ibe alwWaosay br al panes inkled in tie D*wu. it Arbittaaaa If de as btd It Yr reomhc aq pipets by nadrex d+w 6a pmtrsis apaa b rrthsi tie Dsptas b bimir a hlreioa bcfere s sick arbbatar The Drip* M be dmeibd tw ndsrade n saw dust wOt ua abb abbWu ebhY ad des 6® adrYM ratty at to Awmkxa Arhinma AMoUti t A PA' M" eromY do mbbadw pacadra by.k wrAaa tclsa ar domino Rm smbimnbea b tie Watt PW*1 Wilda w (10) dayr aIW Ik rac0pt bi d pwaar nt ft w4 now nd dorod admrr.I an pie i Ad ot~ be rbd h yuot ned arbb.tor who b ace b al P"O" It des Pads aw WWW In mYw was as obldar WM b w4apubb b at pbtat. 6m aq may apply b dr A- it-, At'11 ' Asokbllos w prom! a abiYab. 11i epamapl b mirib a Ad to sp atia* whaarbb roar to pwudl6 alatralnn bun. . . , i Cooeuk M Albmy. 71b tbeirw ui G ii tii iaaeLie, sarrearat Road b eswidy. The a) 1rmOMrd In 0► t>`p ibtial a'tae Irmtsrnlea dacnkJ b dr Csonml cacao pun kllafNNee 1)y iw, 6s IlraYa(e) as Is" to dwrrlitl Mdtal ud bmalYr &Uh of 61 r ~ tti Tk prow r 81 Caa mcla>e ladmti ItN iry ka tsar abbed by de Paribei(s 1 b boa 66 Comftt meylwN by I*d auWW1 b 0oft 06 Caibact b tiwmw do w14" b brow wtdpoarbr. 17, ADDM'rONAL 1111OlR9tNfa Referred to as Addemdum "A" . m h Is understood and agreed the Seller of the Property described herein being 6.173 acres out of the 0. Walker Survey Abstr. 1330 shalt have the right to retain any or all of the improvements Including houses, mobile homes, and miscellaneous equipment. Seller agrees to move from the Propem- at his/her own expense on or bfore 30 days after closing. _ This contract must be i otherwise Seller shall deem it null accepted and void reject dof no further form or effe.~t, unless Purchaser has a reasonable request for extension of time, r l ~r ~ e Copftm "S NiCA1t adaul (V%) Oki"" Rol 1S t . • r. c f I 1-. tXRMTS AND ADDFNUA Al fahbis ad AJJoda albcMd b aria CanYad ore itesrpaaled baei by refet•mce Vol in made a pet a( this Cumci far a0 prpmw jCArd &R Ad dppy. J r AddoaAen A Pawod Ptepaty O F,dabil A 3trverr arum Lgal Dacrpioa d tk Proparty O AdkrAaa B-t Tl" Parry Far kq e7 FW" S Pbar F~ cedar So Ptra O Addeadw 84 SeOM Fates q O F.alnlil C Of1n7 3 AA&"= C btapftdm O Addrodwe D Dicbaa Notre O AddrnAn F fiber . ry. I 19. CONTRACT AS OFrVL ilw execmul of Oad Caterocl by the &at party b ~b w eaalimks an ull'er b pichm at ill 0r Pmopatl. Unkaa wrhn Lin 10 t Jaya Own Ow dale of execatro OfIha Carat be the run P". tlil Coeracl r accepted by the wsv PUN by cWa- ad aRer (ud ~ a fay rxecded topy to Aw fed panty. Ar afcr o1 to CW"t ASI be deaed move dsay wiltAewn acrd Icrtrrrtad and the Fumed Marcy, any, ttr0he peomp reeewl to Pue/aae. i~ tt32CUTED an thr ~ik4 da4d Eebw, m lx eRactlt nu Ute FRatire Dar. S2LL2R R1RCHASLR _ ,y, GLIPPOaD e1AAPatI Ual 1 AyJstprhn/:,~;,~ 1m .:P Jstpr,r,.J: Naar. Cix rurtaax y vauoa te1APeA Name: - tt.o - t. TiLbr. Addrexe 3101 : a. nrLCyito+ID. too AJ nor too- ►wt krow MIA Oate(ON, 7=xAa 76209 14!!m. u w 7saos NIA MIA iekmome Fae N/A Tebpbwm 072.333-4269 Fax: N/A Tax L D, Na Tax ID. No. w/A We ofE%eattlim OdleofEwcatern 't PRINCD'AL SROXn COOPmtm BROXIM AVLM ARRxt4o:at /'t - sit Name. PAVLaR AtlRnla7gl (~ttneat•aJ: mffm I~~aar:llAlfrY Truk N/A litklt/A #o1e tOtae j7tY cus arAD Action: AJAou loo- 1*IAIA77AM DDtxat, alas VDffio e,TKW 74201 DOexye. T2%Aa ,r_Fex 'W 7201 Tektbxd 387-2714 Tekphm 072-233-120- _ Fax(tli0-001.1)73 TnU COM ?ANY ACCIPi ANC} The f1k Campant adwMalOrs reeeyx of fi t pyrrsl Morel as f b the roan d -0Tj~ ~ and aerepls the Finaa Mary atbjet b de tranal sad ean2Carr of the Caiact rnu cOMPANY _ ttr o t~L By f8+teof, I..- Naata:_ lu r low / irbjdtore. Fax Copyetxhl Nosra: fAU joa*r 4 prorMed rm a!e aN ojaerttrMrs q/rM Norol lraea Coeaaeecbt .duoehdo~r of Rrelb►A bte. Pnxr4rfat u { irwdyYremeed a ardr linad coptb q(dVG font jew are tw s po*kh r T"" Not trait "Amin me. Coeacl Ad h7w 4ow p eovilm fiat)oa aw unr~ An eaer-m eeratoer ojtbrr jona. ' d t wyrty t I P►d NrcAtt r,rarm tlnn ,yl wlyp Nag 16 RANDALL SMITH & ASSOCIATES NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS® ADDENDUM C TO CONTRACT OF SALE INSPECTION Property DescriprioWAddress: 1401 S. baraIL, relate aartroe 1agoe A. ImpectlooPeriod. Purchasershim 1iintapenodof_ sixty ( 00~ y drys after the Effective Date (the lsepectan Period'/ as impecr the Praperey and b conduct feasibility studies mw&rq Proc&'ser's intended use or the Piopcriy. Purciases's studies may inciudc without imitmwott (i) core borings; (G) crWrotmetral and m:hitwaril jests and Irnssllgalions. (iii) Physical Impicctions of all i0prowm rtes. fixtures, equipment, sulisusrfKC soils. sWcusi members, and personal p rwrey; and (iv) ewnwprion of plans, speeifiealwns, remade. and other documeou nixing to ash construction and condition of the Property. Plochawr and Aaaheaces agents, em "a. Consultants and Conrsebrs doll )soot tie riWA of rcasotwble cnry onto Oe Property during normal business haws, wl upon masomble adtarce noike to Seller sake relish termite, for Purposes of the inspections, studies. tests and examinations deemed accessary by Purchaser All Inspections, trades, tears and examirwiom performed hereunder shll be at Purelitwes expense. a. Reports. O 1. Within e/a $/A ) drys after the Plfectise Dee, Selersball delfiner to Purchaser a written report of an emironneneai aaessmed o tit Proprty. report shell be pre d at Sellers expense, by a Registered! Professional Prioneer reasorrbty accept" to Purclsser, win is profiaiene or unified in esutroranenul risk aesetsmati, 71r emirormenal astiessuert report mitet Inciwk a 4hasc r imesuge ion into the ctistcrcc of Naardous MaterWs ras deflnsd in Paragraph) 7A(7) of this Contract) onorarourtk Property The eminonvenal assessment mast also Include a land we history search. c marln~ (mpections, research ardor studies which nary be rocassary to discover the existence, past or Dronn• of Hazardous Malcr(aia (but not to includr ptNSkai tests), and shall comply, as a taitrmum, with the nnren AStM Stn I E( 527, r 2 W'thin Ian (16) days after the Effeclhe Date, Seller shalt delhtt to Pwchaer copies of all reports in scares poness(oo o7ungircering ineeupiions, less ardor edsdronnenah studies whid hre been made with rwpect to the Property witke the two year period prior to the WecU%e Dale. Q J. It Purchaser termimejihis Cc nrxl,Purchercrsld1deliver to Se ikr,at Purr hwesexpeamad conic aporaincoat lywith Ilia lerminsuoa copies of all writtrn reports. InpeeUOro, piers, dr0wings sod studies rank by Purchmef rid Purch we's ageru, consultiuas andconeacron. 7Ws prosision shW I saMse the terminriom of Olt Conrad. C. Tennhreaelon. If Purchaser determines, Is Putchwer's sole discmdotk a i matter how erWtrary, then the Property Is rot in nudactory condition or is not sWLAk for Purch was intended we or porposo, then purchaser may teminela this Conran by dabteriry a written mute to Selice on or before dIo last dry of de Impaction Period and the nfur~le ponion of the £aroest Money :loll be promply returned by the 'nrlc Compury to Puftkur and nchber party shall hne any facer rights or obligation wider this Contract (except for dose which may csyressly slrNwe the termination of this Corteraeq. d. Aeeeplance I P uchraser does rot properly rid timely terneirre this Conrxl before the expiralom of the ctlon Padod toe II Purchaser accepts tote Propcnty In writing) tk0 Ptsollseer will be deemed b owe witsmtd di oyb(~~ntom !o i Preperty rdcr tot Conrad, except for cry Utt obkcla+s which tda~ be otattarlditg psarsuad to Section 6 o(tlls Convect. fe tK ewer, Purchaser egrres to purc)rec Ode Props ryry In is current corlU^o wNhnd my fWthtr nprcurtalkn orwutsaks of Se)►et e~Cap ury ob)ectioro which Seiler tsuy expmasfy agree Ina twinng to aura, and IHs Controcl slWl coniroe In lull force and effetl sacs L4r proles sW prt1Ved to Closing Nowewr, this proaUbn does not irons or odermNSe limit or {anNduO arty espies! rcptecnatioro o[ warraralcs Sales has m adc in Ilan Canasta. r L tcestoraslols, R the frasosct'on described is this Coumct does not close, through no fast of Sallee, Jd IN eoeditioo of the r ' Property were Wicmd due to loss rd Inspection performed by Parchasat or on Purchates behalf, Purchaser mart reason she Property to its origlrtd eoetdilon / i O Cueytlahi I VA Mr1C'Atl bm 01 C l t1al lytelr!r 17 I c• c• I I i Lo to ON a f w..o ~_IIfa o Wdo I i .oeu~ A P.M ~ U a I O~ oo-/ I J------ - _ K N /Yf LAI 4` ] l,l I.RIia I, PI i Q n c5 . I ' I I i r-- ;8 t, E\ L J1 CITY OF DENT01llj TEXAS CITY HALL WEST 221 N. ELM OENTON, 7FXAS i 620i (817)566-0200 OFW METRO 434.2529 MEMORANDUM To: Howard Martin, Assistant City Manager I Utilities From: Paul Williamson, Right-of-Way Agent • Eng. & Trans. 8528 Pw. Subject; 6.1'73 Acre Mobile Home Park Tract Purchase Date: May 13, 1999 Regarding a rcvicw of the contract amount of S390,000 for the 6,173 acre income producing mobile home community adjacent to City of Denton owned tracts at Mayhill Road. It is my understanding that members of the Denton Public Utilities Board recently had questions about the methodology used to support the contract purchase price. I am familiar with the appraisal opinion letter prepared by Stephen Klutz in March of 1995 in which he provided a value range estimate based on the income approach. In Mr. Khttz's report his value ranged from 5480,000 to $605,000 depending on the occup+ncy ratio within a 50 lot park. At that time and presently the property is actually underutilized in respect to its capacity as a mobile home community. A cursory review of the property characteristics would indicate that the contract amount of $390,000 is consistent with its current use as in income producing property. I have calculcted a I typical discounted cash flow analysis using a reasonable conseroative approach for the risks involved with this type of investment (see attached). The criculation demonstrates a 20% rate of return within a ten-year holding period. Mother type of valuation technique is the "Comparison Approach" where comparable sales data are analyzed t^ determine a fair market value. I have g.thered inrorrttation regarding the potential sale of 16 acre tract within 800 feet of the 6.173 acre subject tract. It is my understanding that the 16 acre Light Industrial coned tract is under contract for approximately $1.80 per square foot and I believe that this is an accumr a representakton of land prices in the area, given the proximity to the Lowe's, Super Walmart and surrounding developments, The contract amount for 6.173 acre tract yields a per square foot amount of s1.45 per square foot. This particular purchase is very complex given the residential nature ofthe property. I would strongly recommend for the City of Denton to purchase the tract at this time for the contract aniount. Tlayltili Road will be widened in the near future and a sweeping connection f}om r Mayhill Road to Spencer will make the subject tract more favorable for a Light Industrial use. ~A ' l<t c i believe the staff strategy to consolidate property tracts along Mayhill Road to provide for ancillary uses by the City is a •ound one, The 6.173 acts subject tract and the S+ acre Chavet tract to the south will complete the endeavor. The true question Is: Should we purchase the tracts now at an arms length transaction for fait market value or wait until later and potentially have to acquire the tracts through eminent domain. If we have to obtain either of these properties 19 7 kduattd ro Qomhrr burin" a l I through eminent domala it is almost certain that the City of Denton would not only have to pay for the property but we would also end up having to pay all of the court said attorney fees plus relocation expenses for all of the cunt inhabitants of the mobile home parks, We would easily spend $1,(00,000 to S2,000.000 not to mention the public specter of displacing so many low- income residents against their will, In conclusion, I realize that all property appraisals really boil down to one person's opinion of value. In Ns instance, I believe there is enough bona-fide data to support the contract amount and would be happy to further discuss a more detailed analysis with anyone who has interest. Photocopy for Jerry Clark, Director Engineeiing & Tromportation Department l 1I i i w. , 20 0 a (3 1 I 5120,000 ANNUAL !NCOME LESS 28% OPERATING EXPENSES - S°0.,400 NET iNCOVE 10 YEAR HOLDING PERIOD, 20% COST OF CAPITAL, ANNUAL 3% INCREASE IN RENT ROLL CONSERVATIVE INVESTMENT APPROACH ASSUMING MODERATE RISK Discounted Cash Flows a 20% Year PV Factor PV Factor CF Annual Increase PROJECTED DCF Cp 0 1 1.00000000 0 490,000 i 1 1/1.20 0.83333333 86,400 1 88,400 $72000 2 111.20' 0.69444444 68,400 1.03000000 88,99'.' 561,800 3 111.20' 0,67870310 86,400 1.06000000 9102 $53,045 4 111.20' 0.48225309 86,400 1.09212700 94,412 $45,530 5 1/L20' 0.40187161 88,400 1.12650881 07,244 $39,080 6 111.20' 0,33480708 86,400 1,16927407 100,181 $33,644 1 1/1.20' 0,27908165 86,400 1.19405230 103,188 $28,792 8 111.20' 0,23258804 88,400 1.22981387 106,261 $24,713 2 W.20' 0.19380610 58,400 1.28877008 109,449 $21,212 10 1/1,20" 0.16160558 86,40) 1,30477318 112,732 518.207 $1,923 f I zi I t tI I tr Costnpamble Sale No. 1 I u 1 ~ 1 o TTT , i hark Name Carl Rod Mobile Home Park Address E/S Cart Road, appros. 400' south of SH•183, Irving Mapsco M I A-M Ultal Description Pan of the Soloman Huia Sunray, Abstract No. 618,1atng No. of tots 80 mobtle home lots Size 7.04% aeroa ' Flood None Zoning Commercial Density 11.4 lotslacre tltilides All availabld Date of Sale May 17, 1993 Sale Price : $700,000 or 58,730/1ot Terms Crib to seller Recording Special Wamnty Deed recorded In Volume 93099, Page 102, Dallas County Deed Records Grantor Carl Road Mobilt Home Park, Inc. Grantee lames d. IBankwWRobert R. Swanson, Jr., Joint Venture Amenities Asphalt paved OWN Rents Avenge 5195/motith Comments : Thls park hits frontage on a commercial thoroughfare Jn living, with good ucem to SH•183. It is surrounded by residential and commercial dwelopment. The park only scoommodaw single-wide traiJen. Although It was 7001 mupitd at the time of late, rite property wu titticldy brought to 100% occupancy with only a small amount of cosmetk clean up. The buyer estimated an overall return on his investment of 18% to 1904. t ( / F 22 i { II i j 1 Compamble Bak No. 2 Park Nam We Forst Mobil$ Home Park Address : MI North Belt We Road, Irving Mapsco D31A•N Legs] Description : Part of About No. 1311 and Abstract No. 663, Irving No. of Lots : 95 $i:e 11.71S lens flood None uowing to the buyer Zoning Commer' ' Density 8.1 Iowan Utilities All ava;Ii; It bate of Sale January 19, 19% Sale Price : Slightly less than the asking price of 387$,000 or $9.211Aot (the buyet would not contrm the exact We price but legged that 11 was relatively close to the asking Te-ms price) Assumed one note for $31$.OW; Bank of the West executed a now for $119,000; belies carried $23,000. Notes totaled 1829,000. Note xrms not available. Recording Warranty Deed with Vendors Lion tocordad In Volume Grantor 960,6, Page 1124, Dallas County Dead Records i Renu W and losepb Lai, Co-trissees of the Joe W l Grantee Pamily Revocable Trust Amenities DFW Commercial Kitchen !sins, Inc. t Rents Gtavel paved stretts Average $205/month 23 ' c Comments This pelt is logted In close proximity to this subject ik, property, it is not eft'eaed by tM ewr Cmk imprwemom p *t. tM puk wu root 100% =41/8 u rho tine of snlo due to n odod mpalra; howwwo aft tho repun west txtmplored the park quk:lcly rav>*1 1.00% oeoupartcy. !I ~ 1 I, 1 1 i 7 ~1 U i C, Comparable Sale No, 3 I No PHOTO AVAILABLE Park Name s ConBdendal tacadon t Central Irving Mapsco : W2 legal Description 90 mobile home lots No, of Loa Site 11.316 ecres Flood None J Zoning : cornmercAl 1 Density 7.8 lottlacte Utilities : All available i Date of We : June 11, 1996 Sale Price : 5442,000 or S5,133J1ot Terms : Cash to teller i Recording General Warranty Deed recorded in Volume 96149, Volume 1128, Wit County Deed Records owtor : Conlidendal 0rantce t Confidentilu Amenilles : Asphalt pared streets Comments Thls park is located in an industrial arwe in the City of Irvirij. wtdo u The park aceom ty was 55 % occupied atthe date ofBale Itregmosedlitppro mstelyS20.'t100 wide tralien. The property wa p worth of Improvements to Correa sewer and water problems. r i 25 ' F l Compamble Sale No. 4 Puk Name : Shady Orove RV Park Location 2905 Oakdale Road, Orand Prairie MOPS D41.E Ujal Description t Not Available No. of LOU 41 mobile home lots and t single family residence sin : 3.3 acres Flood None I Zoning Agricultural Density : 7,6lowscre futilities Park on City wear, City newer Available but park on septic Date of Sale ; Listing Aiking Price $300,000 or S i 1.9054ot Terms : Cash to seller Recording . Not available Grantor ; Not available Grantee : Not available Amenities Oravel paved tweets Commonts ; This park is located in al Industrial am In 0" City or Onm Prairie. The puk has 41 lou which accommodate trailers and one tingle family residence. It is reportedly 100% occupied. The broke estimated a pro-form income statement of $112,800 feats income ISM pr lot rents), 5% vawcy ane collecdort loss, $19 000 annual nlpenses IS429 per lot), and net opetattng income of $60,600. This results in an overall rote of 12.11%. ee I i Ih I ` I I If Corapanble Sole No, 3 ~I r 1 Park Name t Hawn Mobile Rome Pork Cocoon 2600 West 18th Street, Irving Mapco D41A-CI Legal Description Port of the Russell R. Young Survey, Abstract No. 1230 No. of Lots : It 1ou Size : 2,0 acres Flood None Zoning `R'7,S' Den. dry 10.s lotslum Utilities City water, City "wet rate of Sale Listing Asking Price : $172,500 or $6,21411ot Terms Cash to seller Recording Not avagable Grantor Not available Grantee Not available Amenities Asphalt paved stoeeu comments : This park Is reportedly 10091 occupied at rents of $193 per ' tot The btoket estimated o pm form income statement of $49,140 Imu Income, 0% vacancy and collection loss, 818,300 annual expenses (1871 per lot), and net operadng income of 530, 940, reed on the list price, this results in an overall rats of 17,8891. She park hu bam listed for sale since March 1998. Appraiser's pro forms was $49,140 gross income, 3% vaamy and collection loss, 523,200 annual etl vatse (11,2001lot) and net income of 522,466. This results In an overall rate of 13.02114. When eppilcd aealnst the 'owwidons adjusted' price It resulu in an overall rats of 13.97 99, 27 J 4 i. SUMMARY OF ENVIRONMENTAL COMPLAINTS FOR MAYHILL MOBILE HOME PARK Complaint 0665: Complaint filed by Bill McCullough (City of Denton) on August 30,1991 . Inspection revealed sewage discharging from lot 103, Notice and Order wag served to Kitty Bordelon. Sewage discharge war abated by evicting the occupant. Complaint #714: Complaint filed by Renee Baker (City of Denton) on February 18.3992. Report of sewage pumped from septic systems. Investigated the Mobile Home Park sad interviewed Kitty Bordelon about the complaint. Served Notice and Order to Kitty Bordelon to dispose of sewage from septic tanks in accordanra with the Texas Health and Safety Code. Reinspectlons during the smooths of February and March did not find evidence of sewage discharge at Mayhill Mobile Home Park. Complaint #892: Complaint reported by Bill McCullough (City of Denton) on Fcbfumv23,109). Sewage was discharging on lot 0 103, Sewage discharge was at aced by the property owner on Much 18.1997. Complaint 0894: Complainant was myself on Match 16, 19N. Mobile bdme on lot 0143 was discharging gray water into the drainage easement on the west side of the home, Contacted Kitty Bordelon (owner) who removed the washing machine from the mobile home, City discharge abated on March 18, 1994, Complaint 01049: An anonymous complaint wag filed on August 16.1994, The complaint was Investigated on the same day. Inspection of lot 0109 did not reveal surficin8 or discharging sewage. October 13,1994: Myself, Mike Spradlinz, Phil Clemente and Ed Shaffer (TNRCC) met at Northeast Mobile Home Park. I requested assistance from MCC to assist see City of Denton in enforcing the Texas Health and Safety Code at Mayhill Mobile Home Park and Northeast Mobile Home Park. Mr. Shaffer stated drat OSSF enforcement was not his concern. He further stated that the City of Denton should connect both mobile home parks to its water and sewer system If it Is serious about abating water and sewage complaints at both locations. Complaint 01146: Veronica Rolen (City Manager's Office) filed a complaint on April 27.1993. The complaint was investigated the game day. Sewage was found discharging at lot # t l 1. A notice and order was served to Kitty Bordelon who filed an appeal. The Environmental Appeals Ccmminee held a heoring an May 14. 1995.11te committee directed Kitty Bordelon to comply with the notice and order. Reinspection on lone 17 confirmed compliance with the notice and order. Complaint 01299: Complaint reported by Larry Whitaker on March 7.1996. An inspection of lot 0134 discovered sewage discharging. A notice and order was served to Kirry Bordelon on Much 10 On April 11 a reimpection confirmed compliance with the notice and order, Complaint 01370: An anonymous complaint was reported on tktober 4.1996. An inspection of Mayhill Mobile Home Pork on October 6 did not located sewage discharging on the property, Complaint #1388: Complaint report war filed on Janygty 6.1997 by Mark, An inspection of lot 0105 war made on the same day. A notice aa1 order wss served to Kitty Bordelon. A reinspectlon on jaggga 22 confirmed compliance with the notice and order Complaint 01397: Mrs. Cuevas filed Complaint report on January 22, 1997. An inspection of Io10131 was made on the same day. A notice and order war served the Kitty Bordelon. Filed charges on Ftitmw 11 On February U. I met Scott Jordan (TNRCC) at Mayhill Mobile Home Park concerning complaint A t: about illness due unsafe drinking water. April 10 the defendant war adjudged guilty and road $1500,00.0:s Aptii 17 I reinspected the property pursuant ton Inspection Warrant, On Aprd 211 filed char`ta on Kitty Bordelon. On June I 1 a reinspected the property confirmed compliance. 28 t.t Complstml 01472: Brand Webb filed Complaint report on July 22.1997. An invostigation of lot #131 was ! made on 2uly 1S-'Ree new owner (Cliff Harper) was notified of the sewage discharge. Oa dygg2Q reinspection confirmed that the sewage discharge bad been abated. Complaint 01479: Marley McBride fried Complaint report on Aneust 7.1997. An inspection of lot 104 was nude the same day. A notice and order was served to Cliff Harper. On Augg" 1 reported a complaint of illness due to unsafe drinking water to Scott Jordan (TNP.CC). On Augusta a rdnspecnon confirmed compliance with the notice and order. Complaint N1517: Complaint report was filed on December 11, 1997 by Rick. An investigation of lots b 103 and 0103 was trade on Dtsnmkt 12• No sewage was found discbnrging on these lots. Complaint 01528: Brand Webb filed Complaint report an Jay 15.1998.On JanpapL16 Howard Martin phoned to direct me to wait at least t week before inspecting the mobile home park. An investigation of the property was made on jyOuary 29, On Febauaoe2 a notice and order was served to Cliff Harper. On March 21 relmspection confirmed abatement at three of the foul location refiecud In the notice and order. Mr. Harper agreed to continue pumping the septic tanks serving the remaining location. See complaint 01362 for enforcement action. Complaint 81562: An anonyi:wus complaint was filed on d,p,i12.ffl, An investigation of the property was made em Apej1lS. On Ajidj a notice and order wan hand delivered to Clio Harper's midettce. On AyJil u Environmental Setives personnel eaeeuted a search warrant of the park finding several Socadoma of surfacing sewage. Additional OSSF enforcement t tions are listed below. April 11 charges were filed on Cliff Harper. The court placed a $2000.00 window fine on the charge. December 18.1998 Envirorunental Services personnel executed a search warrant of the pork finding several locations of suufacing sewage. On December 10,1991 charges were !lied on Cliff Harper. The court placed a $2000,00 window fine on the charge. January 21.1999 Envitonm ental Services personnel executed a search warrant of the park finding several loc ations of surfacing sewage. On FebtWty I. LM charges wen filed on Cliff Harper. The coact placed a $2000,00 window fine on the charge. r February 11.1999 Environmental Services pasame) filed additional charges on Vinm Harper (Co-owner of Msyhilt M.H.P.) for violating City of Denton Code of Ordinances by allowing sewage to discharge onto the ground surface at Mayhill M.H.P. on December 19, 1991 and 2anutty22jm. The court placed a $2000.00 window Arne on each charge, Total amount of window rimes, $400.00. l L r.l r z~ rtunairti , 1 tr • y Y: - - - - - - - - - - - - - - - CITY OF DENTON WARNING CITATION NAME 9 f//~. ✓r DATE Z J f PHONE/- 3 Y 2' G S'if_> i ADDRESS--/D / S. , ,44 /l 10'IDD CIl Y_ Pi e /0 Il STATE 742oi' LOCATION OF VIOLATION-/yQ / S/__ VIOLATIONIS) r r/ S 7 le „ J, REMARKS ,or ,w5l5e .4. SIGNATURE fC /I 1A A ti.-~ ~yl 11 OFFICERIINSPECTOR{Sl-77-1y, w / A f, 30 t f, , 1 I CITY of DENTON, TEXAS MUNICIPAL BUILDING a 2 f5 E WKINNEY s DENTON. TEXAS 76Nf (817) 666.8200 DfW MEW 434.2529 November 2, 1994 MAYHILL ROAD VILLAOR MOSILB HOMB PARK CONDITIONS WHICH KUST 91 CORRBCTBD PRIOR TO JANUARY 10, 1995 1. First mobile home east of Mayhill Road on the mouth side of mobile home park, Anchor home, provide electric panel cover, The exposed electric cable laying on ground is a violation of electrical code. 2. Mobile home lot adjacent to above lot has open sewer which must be properly capped. 3. 0137 • Exposed electric cable with open splice must be removed or put in electrical conduit. The open slice must be in electrical box with cover. 4, 0135 - Reattach electric service insulAtor. , 5. Mobile home lot adjacent to and east of lot 135 has open sewer which must Le properly capped. 5. Second mobile home lot east of lot 135 has open sewer which must be properly capped, 7. Lot 0131 - Provide electrical panel cover and install exposed electric cable in conduit. 8. Lot 0125 - Substandard, remove from City. 9. Lot, 0114 - Anchor 10. Electric service conductors behind 110, 114 and others ire too low and must be raised. ; 11. Lot 110 - Provide electric panel cover, ground electric service at pole, exposed electric cable and open splices are violations of the electric ordinance and must be removed or made to comply. "Dedicated to Qualin 1, ice { Mayhill Road Village November 2, 1994 Page 2 ' 12. Vacant lot across the street from 4104 has open sewer which must be properly capped. 13. well house wiring is improper. Exposed wiring, no electric device covers must be brought into compliance. Strap electric riser pipe to building wall and repair broken hub on meter base. 14. Lot 138 - Remove or place in conduit the open electric conductors at rear. Repair broken window, provide noncombustible skirting, and extend exterior 2 inch plumbing vent thru the roof eave. 15. Lot 136 - Renbve trash and debris, 16. Lot 126 Provide cover on electrical panel. 17. Lot 122 - Remove trash and debris, provide noncombustible skirting, connect anchor at rear. 18. Lot 117 - Provide panel cover, 410 conductor serving storage building is double lugged at service breaker and must be removed or provided with a separate circuit, open slice in 410 conductor must be in electric box with cover. 19. Lot 115 • Anchor, place electric service cord in conduit and bury minimum of 18 inches. 20. Lot 113 - Connect sewer in a proper manner, provide blanks I metal covers) where missing in electric panel, place electric service cord in conduit and bury minimum of 18 inches. 21. Lot 111 - Connect sewer in a proper manner, provide blank at opening in electric panel. - 22. Lot 109 - Extend plumbing vent thru roof at rear. 24. Lot 107 - Repair or replace broken windows, extend exterior plumbing vent thru eave. 25. Lot 105 - Extend plumbing vent thru roof. 26. Lot 103 • Cover open septic tank or well and remove extension A~ c cord from well/septic tank. 27. Lot 101 - Extend plumbing vent thru roof, 34 ti Mayhill Road Village November 2, 1994 Page 3 Number mobile homes in a consecutive manner to aid police and fire departments in providing emergency services. All mobile homes which are not anchored or skirted must be anchored and skirted wtth noncombustible materiels. The above conditions must be corrected prior to January 10, 1995. If you360 have any questions please feel free to call me at 566- V Jackie Doyle Building official r} 33 c u 1, ~ pE~29~ crrrolro~Nr0N,rsXA# MUNICIPAL BUILDING / DENTON, TEXA s66,atoo APPLICATION FOR MOBILE NOME PARK LICENSE Building Inspection Division OWNNERi KITTY SORDELON Mk% St 316 West Oak, Ill, Denton, Tex.-Is. 76201 MANAGER, Kitty Bordelon ADDRESSI SSA that filk,. ill, Dentea. TAVAA. 7620t_ PHONE NO1 (817) $66-0060 MOBILE NOME PARK NAMES Mayhill Road Village ADDRESS: 1601 S. Maghill 8d•. D UQA AXAA. 1UA office 1 Mailings 516 W. Oak, ill, Deacon, Texas, 76201 NUMBER OF MOBILE NOME STANDS, 1S NUMBER OF TRAVEL TRAILER STANDSt 2 17 %EJI'RItCAL&VICE fRRVIDEJ BY$ Denton Utilities on N. road, 1 ride of street ' ec ric or rest o t e par WATER SERVICES ( MUNICIPAL PRIVATE i SEWER SERVICES ( MUNICIPAL Iyj SEPTIC TANKS 1 OTNEK r0217I {i 10.g v, N . 34 a u n ! i i Cory ofDSNM,rx"S M"CfPALBUILDING / 2f6E.MCKINNEY / DENTON,TEXASymi October 15, 1993 kitty nordelon 516 West Oak street, fil Denton, T% 76201 Osar Mobile Howe park owner/Minager, this letter is to advise you that your li requi ca ve to operate Mayhlkl Road Village has expired- iesd. Ordinance NO. BI-65 of the city of Denton Mob Is Mors Oxdinanoe req ah annual license fee of $201.00 plus $4.10 for each mobile home or travel trailer stand. An inspection of your mobile home park will M made within the next few weeks to see that it is in compliance with the provialons of this ordinance. You will be notified of any violations which would need to be corrected, please complete the enclosed license application form and return it with your license its tot City of Denton Building Inspection Division 219 cast McKinns street Denton, TX 16291 Make check payable to the City of Denton. sincerely, Jackie Doyle Building official 1 wp sneloaure ~.ue~ewew~c,a ' I j 8 f 7/668.8204 D/FW METRO 434.2625 /l t~ CilYol DENM, tEXAS MUN1C(PAL BUILDING / M E AicK1NNEY / OENTON, TEXAS 76201 October is, 1991 E Mayhill Road Village i 1401 South Mayhill Road Denton, TX 76201 Dear Mobile Home Park Owner/lianageri This letter in to advise you that your license to operate M+pphill Road Village has expired, O:dinsnco No. 84-65 of the City Of Denton Mobile Moos Ordinance requires an annual license fee of $205.00 plus $4,10 for oath mobile home or travel trailer stand. An inspection of your mobile home park will be made within the next few weeks to sae that it is in compliance with the provisions of this ordinance. You will be notified of any violations which would need to be corrected. Please complete the enclosed license application fora and return it with your Itconse toe tai City of Denton Building inspection Division 215 Kest McKinney Street Denton, TX 76201 Make check payable to the City of Denton. Sincerely, Jackie Doyle Building Official wp Enclosure AAAMCWwrme46 -r B (7/566.6200 D/FW MEMO 434.2528 k~k f i t CITY Of DENTON, TEXAS MUNICIPAL SU DING / 216 E. MCKINNEY / DENTON, TEXAS 78201 MOBILE HCME PARx LICENSE DATE: Deces:ber 27, 1003 owm e xitty Bordelon ADDRE88: S16 West Oak /31, Denton, Tss. 76901 MOBILE HOME PARxs Maybill Road Village ADDRESS! 1401 Bouth Mayhill PHONE: $17-666-0060 MANAGERS xitty Bordelon This license is issued for the following lots: 1-17 This license expires October L 1991_and must be renewed on or before October 1. 1994, Issued by: j I Jackie Doyle Building Official City of Denton A8800oir/1 A, , / Ark 31 WIAAA•A9Mt n/F'IA/ AAeron AIs ArAA ' c AGENDA INFORMATION SHEET AGENDA DATE: Junc 1, 1399 DEPARTMENT: Electric Utility ACM: Howard Martin, 349-6232 SVBJECTt AN ORDINANCE OF THE CITY OF DENTON. TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED INTO BY THE CITY AND R. J. COVINGTON CONSULTING ON JANUARY S, 1999, BY ADDING TASK ORDER NO, 99-B THERETO, PROVIDING FOR ADDITIONAL PROFESSIONAL SERVICES TO BE PERFORMED RELATING TO THE POTEI,71AL DIVESTITURE OF ALL OR PART OF THE CITY'S MUNICIPAL ELECTRIC UTILITY; AUTHORIZING THE EXPENDITUKF.OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND, The deregulation developments over the last 3 years have forced Denton Municipal Electric into the Texas regulatory process. We are now required to file Texas Public Utility Commission (TPUC) approved tariffs for transmission smite and to participate in other regulatory reporting and analysis processes. Additionally, Y has become necessary to monitor the TPUC electric utility proceedings and rulemakings because many of these projects have implications for DME. This requires the review of numerous documents issued by the TPUC and parties to the TPUC proceedings. For the past year, Denton has used the firm of R. J. Covington Consultants to review TPUC activities and associated documents. In addition, they provide a weekly report on TPUC projects and dockets of interest, a calendar of meeting dates for the TPUC and Electric Reliability Council of Texas, and keep DME informed of issues needing pwicipation as the electric industry restructures. In addition, Mr Covington's firm maintains a complete file of these M documents. Copies of specific documents are available to DME whenevet requested. OPTIONS. 1. Continue utilizing the services of R. J. Covington Consulting to perform this work. 2. Discontinue (his review process. t; I C RECOMMENDATIONS: Staff recommends continuing this service. Failure to closely monitor TPUC activities could result in adoption of regulations or rates that will harm DME. DME does not have the staff available to perform this activity internally for the next 12 months. The next twelve months are particularly critical because the TPUC is expected to be very active. The TPUC will either be implementing deregulation legislation or attempting to move toward a deregulated electric market on its own initiative. ESTIMATED SCHEDULE OF PROJECT: Twelve months beginning May of 1499. PRIOR A(.'TION/REVIEW (Council Boards. Commissioa): The Public Utility Board recommended approval at its meeting on May 17,1499 with a vote of S to 0. FISCAL INFORMATION: Not to exceed $12,000. Respectfully submitted: S anon Mays Director of Electric Utilities W r A r 2 1 t4. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES PREVIOUSLY ENTERED INTO BY THE CITY AND R. J. COVINGTON CONSULTING ON JANUARY 5, 1999, BY ADDING TA °K ORDER NO. 99-B THERETO, PROVIDING FOR ADDITIONAL PROFESSIO SERVICES TO BE PERFORMED RELATING TO THE POTENTIAL DIVESTITURE OF ALL OR A PART OF THE CITY'S MUNICIPAL ELECTRIC UTILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: iESj4LI That the City Manager is hereby authorized to execute a first amendment to the "Professional Services Agreement For Consulting Services Relating to the Denton Municipal Electric Utility", heretofore entered Into by and between the City of Denton, Texas and R. J. Covington Consulting, Austin, Texas on the 5d' day of January, 1999, (which Agreement was approved by the Council in Ordinance No. 99-011, enacted on January 5, 1999), providing for professional consulting services in the area of electric restructuring and the potential divestiture of all or a part of the Cr:y's electric system; which first amendment is set forth in Task Order No. 99-B ("Task Order"), a copy of which is Task Order is attached hereto and incorporated herewith by reference; and Ahich Task Order provides that R. J. Coviniton Consulting shall perform additional professional consulting services to the City, and whic 4 Task Order provides for the payment by the City of additional fees not to exceed S 12,000.00 respecting the additional services to be performed by R. J. Covington Consulting. SECTION 11; That the expenditure of funds as provided for in the attached Task Order No. 99-B is hereby authorized. 1 - Tl : That the above-referenced first amended Agreement is hereby ratified and retroactively approved, and shall be effective from and after May 2, 1999. M SWIn IV: That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999. JACK MILLER, MAYOR 3 a ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 5.'0w Dikwncros'Ordlnm 09'. R 1 N Amrnded PSA TO 99-8 DME dx 4 a - - u FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT DATED JANUARYS, 1999 BETWEEN THE CITY OF DENTON AND R.J. COVINGTON CONSULTING TASK ORDER NO. 99-D Tasks provided for in this Amendment are to assist the city of Denton (City) by iveviewing regulatory information received from the City's attorneys as it pertains to the electric utility industry. Because of the large amount of information related to the electric Industry restructuring and other industry changes, and the need to determine those issues for which timely Intervention or participation by the City is important, RJC will review data provided, file as appropriate, and keep the Director of Eloctric Utilities (Director) informed of issues requiring actions by the City and schedules for actions. SCOPE OF SERVICES Task A Catalog Information Provided By City and By City's Attorneys On Regulatory Issues RJC v:'I1 catalog information received from the City and its attorneys for reference purposes. A file system will be maintained of doeumeWs received for quick reference and retrieval of information related to specific projects and dockets. The documents will be available to City upon request. 'r ask B RevieTvOf Information RJC will review documents received from the City and its attorneys and notify armor when new dockets or projects are received. For those dockets and projects which are identified by the Director for close watch, RJC will provide a weekly status of actiiities in these projects and dockets. i Task C Consulting Services Basal on RJCs experience in the industry and with the Public Utility Commission (PUC), RJC will review with the Director how issues may affect the City and whether the City should intorvene, RJC will coordinate discussions with City's attorneys when so directed by the Director, r f 5 t , 1 C, 1 Task D Scheduling Services RJC will assist in maintaining a schedule of projects and workshops at the PUC and at ERCOT of which the Director needs to be aware, information from RIC can be combined with Information from other sources to keep an updated schedule of activities needing the Director's attention Information from RJC will be updated weekly and will be provided to Director in an agreed upon format. Budget The budget for the above scope or services for time and expenses Is estimated at $12,000 for the period May 2,1499 through May 1, 2000. This scope of services is for high level review of documents and does not include in-depth review or analyses. Such additional services will be provided to City under separate Task Orders and budgets at the direction of the City. The budget established in this Task Order will riot be exceeded without prior approval of the City. RJC will bill monthly with supporting documentation of activities performed. I EXECUTED thls_-day of 11999. CfCY: CONSULTAW CITY OF DENTON, TEXAS R. J, COVINGTON CONSULTING , By: By: Michael W. Je4 City Manager Richard J. Covin, on i J 6 r , t, a AGENDA INFORMATION SHEET pw AGENDA DATE: June 1, DEPARTMENT: Engineering & Transportation CMIDCMIACM: Rick Svehla, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH WINDJAMMER, LTD. RELATING TO PURCHASE OF STREET RIGHT-OF-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN UNICORN LAKE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE: BACKGROUND: The above mentioned agreement sets thg framework to allow for City participation in the construction of Wind River Lane from the terminus of Wind River Lane at the east line of Wind River Estates, Phase VII to the southbound service road of Interstate Highwsy 35 East. As part of the agreement the City shall be granted an 80 foot right-0f--way to accommodate the road and drainage improvements. The current subdivision regulations require a 60 foot right-or--way. The intent here is to purchase an addiliu. X120 foot strip of right-of-way and partially contribute toward the current road construction efforts. j RECOMMENDATION: Staff endorses participation in the construction and right-of-way costs of Wind River Lane. PRIOR ACTION/REVIEW (Council. Boards. Commissions) None FISCAL INFORMATION $114,078 for paving and drainage improvements. $85,422 for 20 foot wide additional right-of-way strip. ~IdP Attached Respectfully submitted: J c~- Urry, .lark, irector V Engineering & Transportation Paul Williamson. 3' ,.h. " v A i t; d ~ r do CaDCN TIIMAM WL f r J v a n,~ f UI L CJOQIN~I CT I bum) c C~ M~ 4 ,010 J VM RNM LN 9;1CM4, KC I +a°` CAT d 0 Lam LII PROPOSED WIND RIVER LANE wa~ndr i 4 w~ d e I w City of Denton 99"0001 Engineering & Transporiation Department Right- #-Way Division 5/19/9 2 vl& eddepctoLoa Dorum t6O,dIwme Mnkom Iske-Wmdj~,dae ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH WINDJAMMER. LTD., RELATING TO PURCHASE OF RIGHT-0:'-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IN UNICORN LtXE; AUTHORIZING T14E EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. k THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I: That the City Manager is hereby authorized to execute an Agreement on behalf of the City of Denton with Windjammer, Ltd., substantially in the form of the attached Agreement which is incorporated herein for all purposes, relating to the purchase of property in Unicom Lake for street right-of-way and the construction in part of Wind River Lane. SECTION II: That the City Manager is authorized to make the expenditure of funds as provided in the attached Agreement. SECTION Ill: Tha! this ordinance shall became effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. C I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r/ A BY: 11 ~1+ i 3 drur~:ar - ' C• i j ~ I I AGREEMENT AGREEMENT dated 1999 between fie City of Denton ("City') and Windjammer, Ltd. V1•ITNESSETH: WHEREAS, Windjammer, Ltd. ("Owner) is the owner of certain land in Dtooun County, Texas, which is being developed ("Project') to be known as UNICORN LAKE; anu WHEREAS, the Project will benefit the City, and the City and Owner reached certain agreements regarding assistance the City will provide in connection with development of the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: L The Owner shall dedicate an eighty (80) foot wide right-of-way through the Project to connect the terminus of Wind River Lane at the east line o1' Wind River Estates, Phase VII, an addition to the City of Denton recorded in Cabinet P, Page 151 of the Plat Records of Denton County, Texas to the southbound service road of Interstate Highway 35 East as described by metes and bounds on Exhibit "A-1" and illustrated on Exhibit •'A-2", both attached herewith. 2. The typical platting process for the Project would entail a right-of-way dedication for Wind River Lane of sixty (60) feet in width as per the current Denton Mobility Plan, Roadway Component. The timing of the Project is such that is desirous to build the road prior to formal platting activity to expedite the public's use of Wind River Lane as a connection from Teasley Lane / Lillian Miller Parkway to the Interstate 35 East southbound service road. The City of Denton hereby agrees to participate in the cost of the additional twet.ty (20) feet wide right-of-way yield as an oversize measure. The City of Denton shall pay EIGHTY-FIVE THOUSAND NINE-HUNDRED AND TWENTY TWO DOLLARS AND NO CENTS ($85,922.00) for the additional twenty (20) feet wide right-of-way included in the overd!I dedication. 3. In addition to the City's above-mentioned monetary participu,(ion in the right-of. way for Wind River Lane, the City hereby agree; to participate in the cost of the said Wind River Lane construction from the terminu: of Wind River Lane at the e east line of Wind River Estates, Phase VII, an addition to the City of Denton f recorded in Cabinet P, Page IS1 of the Plat Records of Denton County, Texas to the southbound service road of Interstate Highway 35 East. The City shall pay either (a) ONE HUNDRED AND FOURTEEN THOUSAND SEVENTY EIGHT DOLLARS AND NO CENTS (S 114,078.°0) or (b) an amount not to exceed 30% of the total contract for the required facilities, whichever is less, as provided for in 4 462112.072 of the Texas Local Government Code, as participation In the paving and drainage Improvements necessary for the construction of the above-mentioned section of Wind River Lane, 4. The Owner and City hereby seknowledge that the above-mentioned participation payments for the right-of-way &ad fonstruction costs of said Wind River Lane shall only be disbursed upon full execution and acceptance of development contracts by the City for the said Wind River Lane road project along with the execution and acceptance by the City of the "Dedication of Property For Public Use" document for the above-mentioned eighty (80) foot wide Wind River Lane right-of-way dedication. S. OWNER, ITS HEIRS, SUCCESSORS AND ASSIGNS AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY OF DENTON FROM AND AGAINST ALL CLAIMS OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, 6. This agreement shalt be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 7, This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. , his agreement shall be filed in the Real Property Records of Denton County and , shall constitute a covenant running with the land. j EXECUTED this day of., 1999, CITY OF DENTON, TEXAS w MICHAEL W, JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:_ Page 2 5 4 t, 1 1 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUfY, CITY ATTORNEY BYt~//~/!c/ftc~4 ~ ~ r rit OWNER: WINDJAMMER, LTD. BOB SHELTON, GENERAL PARTNER STATE OF'fEXAS COUNT Y OF DENTON This instrument was acknowledged before me on the day of I , by Michael W. Jet, City Manager of the City of Denton, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF DENTON i { This instrument was acknowledged before me on the day of by Bob Shelton, General Partner, Windjammer, Ltd.. 1 Notary Public, State of Texas i %TH-t0LN'0L14Mrtd4ept1000v DxumenU%ContrxWWW1r41 mer(bnWtdoc A~ Page 3 b t t AP* No Apmh AGENDA INFORM NTION SHEET D* MUf Y. AGENDA DATE: June 1, DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svebla, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE ACCEPTING A TRACT OF LAND, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY BOB SHELTON, GENERAL PARTNER FOR WINDJAMMER, LTD DATED APRIL 26, 1999, FOR STREET UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE: BACKGROUND: The City of Denton is poised to enter Into a participation contract with Bob Shelton, Windjammer, Ltd, for the construction of Wind River Lane from the terminus of Wind River Lane at the east line of Wind River Estates, Phase VII to the southbound service road of Interstate Highway 35 East. As part of the agreement the City shall be granted an 80 foot right- of-way to accommodate the road and drainage improvements. The current subdivision regulations require a 60 foot right-of-way, The intent here is to purchase an additional 20 foot strip of right-of-way in conjunction with the current road construction efforts, 1 RECOMMENDATION: Staff endorses the acceptance of the dedication. I PRIOR ACTION/REVIEW (CoUnell. Boards. Commissions None FISCAL INFORNIATION w None 1~p Attached Respectfully submitted: COQ-L a t`!t` i t 1 Cry lark, irector Prepared by: E g neerin & Transportation I Paul Williamson, Right-of-Way Agent t I~ i w . s`A GLLDLN TALANGLL MALL r r 06 w hem ~ 0 I C%UNKFi~ ppL~ pN neat 4 co uct VMD AMA LN NLDICAL Lapp" CA Law t a PROPOSED r,rr WIND RIVER LANE reGAtYp~ 4 ~ r City of Denton 99'°00' f1 Engineering & Transportation Department Right-or-Way Division 5/19/99 2 I I •I i I ORDINANCE NO. i AN ORDINANCE ACCEPTING A 1AACT OF LAND, AS SHOWN IN THE DEDICATION INSTRUMENT EXECUTED BY BOB SHELTON, GENERAL PARTNER FOR WINDJAMMER, LTD. DATED APRIL 26, 1999, FOR STREET AND UTILITY PURPOSES; AND DECLARING AN EFFECTIVE DATE: THE COUNCIL OF THE CITY OF DENTIN, TEXAS HEREBY ORDAINS: i SECTION . The City of Denton, Texas, accepts the dedication of a tract of land for street and utility purposes, as offered by dedication deed executed by Bob Shelton, General Partner for Windjammer Ltd., dated April 26,1999 a copy of which Is attached. SECTION 11. That the Department or Planning is directed to show the property dedicated as public streets and for public utility purposes an the official map of the City of Denton, Texas. SECTION II E. That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST; JENNIFER WALTE;RS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY. CITY ATTORNEY %i ~~jccQ BY: EAU r tai I I I F,SHAnEPDEA1~LtlL~Our Daumrnb`ddin~ntM94WindJ~mmn DrdkWcnda 3 t• 1 i V DEDICATION OF PROPERTY FOR PVSLYC V8E a That WINDJAMMER, LTD. dedicate to the public forever for the use of streets and utilities the property described in Exhibit "A-1" and illustrated in Exhibit "A-2", attached to and incorporated herein by reference containing a total of 3.945 acres of land. Executed this d t& day of 1999. i I NINDJAM! , LTD y~ S p~ArdJ SOS 8 ON, *KNUAL PARTNER THE STATE or , S COVNTY or I" A This instrss►nt was acknowledged before me on 0,-j- 01990 by Bob Shelton, General Partner, Windjaamer, Ltd. ARY d TONS Notary Publics in and for the State Of TAIL,% o« Melaaool My Commission Expires I-Ar,A002- Executed this _ day of , 1999. CITY OP DENTON my: Jack D. Miller, Mayor ATTESTS By., Jennifer Walters, City Secretary t Alr 1 4 . t 3 y I I I I EXHIBIT "A.1:' FIELD NOTES 80' WIDE R.O.W. DEDICATION (WINDRIVER LANE) BEING A 3.945 ACRE TRACT OF LAND SITUATED IN THE M,E.P. 6 P.R.R. SURVEY, ABSTRACT NO. 950 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF A 136.80 ACRE TRACT OF LAND DESCRIBED IN DEED TO WINDJAMMER, LTD., RECORDED IN COUNTY CLERK'S FILE NO 98- R0081520 AND REFILED IN COUNTY CLERK'S FILE NO.98-RO093041, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T,). SAID 3.945 ACRE TRACT, WITH BEARING BASIS BEING THE EAST LINE OF VISTA OAKS DEVELOPMENT, LTD. TRACT RECORDED IN COUNTY CLERK'S FILE NO. 97-R0022730, R.P.R.D.C,T., AND BEING THE EAST LINE OF WIND RIVER ESTATES PHASE VII, A REFERENCE BEARING OF NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, AND BEING MORE PARTICULARLY DESCRIBED 9Y METES AND BOUNDS AS FOLLOWS: COMMENCING ATA 1/2" IRON ROD FOUND FOR THE MOST NORTHERLY CORNER OF SAID 136.50 ACRE TRACT, ALSO BEING THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 38E (VARIABLE WIDTH RIGHT- OF-WAY); f- I THENCE, SOUTH 49 DEGREES 67 MINUTES 22 SECONDS EAST, ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF I.H.35E, A DISTANCE OF 402.40 FEET TOA 6/8" IRON ROD WITH PLASTIC YELLOW CAP STAMPED "CARTER S BURGESS' SET FOR THE POINT OF 990INNINO OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH 40 DEGREES 67 MINU7E8 22 SECONDS EAST, CONTINUING ALONG THE SAID SOUTHWESTERLY RIGHT-OF-WAY LINE OF I.H.35E, A DISTANCE OF 80.00 FEET TO A 6/8" IRON ROD WITH PLASTIC YELLOW CAP STAMPED 'CARTER & BURGESS" SET, FROM WHICH A 1/2" CAPPED IRON ROD FOUND BEARS SOUTH 49 DEGREES 57 MINUTES 22 SECONDS EAST, A DISTANCE OF 444.40 FEET FOR A NORTHEAST CORNER OF SAID 138.60ACRE TRACT; r. THENCE, OVER AND ACROSS SAID 136.50 ACRE TRACT, THE FOLLOWING COURSES: SOUTH 40 DEGREES 02 MINUTES 38 SECONDS WEST, A DISTANCE OF Ad, I:U L D19I23930I~S~ATAU 93 EXOO LFN3 ' PAGE10F4 13ecemba 2.1991 5 1 E)eHis1T 'A-1 GONTIN4aa 435.95 FEET TO A 518" IRON ROD WITH PLASTIC YELLOW CAP STAMPED e 'CARTER & BURGESS' SET FOR THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; SOUTHWESTERLY, ALONG SAID TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 540,00 FEET, WITH A CENTRAL ANGLE OF 49"57122", WITH A CHORD LENGTH OF 456.05 FEET, WITH A CHORD BEARING OF SOUTH 65 DEGREES 01 MINUTES 19 SECONDS WEST AND WITH AN ARC LENGTH OF 470.83 FEET TO A 518" IRON ROD WITH PLASTIC YELLOW CAP STAMPED "CARTER & BURGESS' SET; NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 508.30 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; NORTHWESTERLY, ALONG SAID TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 540.00 FEET, WITH A CENTRAL ANGLE OF 41'24'27", WITH A CHORD LENGTH OF 381.82 FEET, WITH A CHORD BEARING OF NORTH 69 DEGREES 17 MINUTES 47 SECONDS WESTAND WITH AN ARC LENGTH OF 390.26 FEET TO A POINT FOR CORNER; NORTH 48 DEGREES 35 MINUTES 33 SECONDS WEST, A DISTANCE OF 249.94 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT; NORTHWESTERLY, ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 960.00 FEET, WITH A CENTRAL ANGLE OF 7028'47", WITH A CHORD LENGTH OF 125.23 FEET, WITH A CHORD BEARING OF NORTH 52 DEGREES 19 MINUTES 67 SECONDS WEST AND WITH AN ARC LENGTH OF 125.32 FEET TO A POINT FOR CORNER IN THE WEST LINE OF SAID 136.50 ACRE TRACTAND THE EAST LINE OF THE AFOR':SAID VISTA OAKS DEVELOPMENT, LTD., TRACT., FROM SAID POINT A 112' IRON ROD FOUND BEARS SOUTH 00 DEGREES 36 MINUTES 32 SECONDS WEST, A DISTANCE OF 887,11 FEET; THENCE, NORTH 00 DEGREES 36 MINUTES 32 SECONDS EAST, ALONG THE WEST LINE OF SAID 138.50 ACRE TRACT, AT A DISTANCE OF 47.46 FEET PASSING A 112" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID VISTA OAKS DEVELOPMENT, LTD. TRACT AND THE SOUTHEAST CORNER OF A fRACT OF LAND DESCRIBED IN DEED TO HERSMAN DEVELOPMENT CORPORATION, RECORDED 14 VOLUME 3453, PAGE 847, D.R.D.C.T., AND USLIX91139301MATMMEX001FN3 PACE 1 OF 4 r December 1, 1998 I I I I 6 I' ~I I M r I EXH161T- A-i CoHr~Naeo CONTINUING FOR A TOTAL DISTANCE OF 94.20 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT, FROM SAID POINT A 3/4 CAPPED IRON PIPE BEARS NORTH 00 DEGREES 38 MINUTES 32 SECONDS EAST, A DISTANCE OF 131.73 FEET; THENCE, OVER AND ACROSS SAID 136,50 ACRE TRACT, THE FOLLOWING COURSES: SOUTHEASTERIY, ALONG SAID NOWTANGENT CURVE TO THE RIGHT WITH A RP,DIUS OF 1040.00 FEET, WITH A CENTRAL ANGLE OF 10e 19'53", WITH A CHORD LENGTH OF 187.28 FEET, WITH A CHORD BEARING OF SOUTH 63 DEGREES 45 MINUTES 30 SECONDS EAST AND WITH AN ARC LENGTH OF 187,53 FEET TO A POINT FOR CORNER; SOUTH 48 DEGREES 35 MINUTES 33 SECONDS EAST, A DISTANCE OF 249.94 FEET TO A 5/8" IRON ROD WITH PLASTIC YELLOW CAP STAMPED 'CARTER & BURGESS" SET FOR THE BEGINNING OF A TANGENT CURVE TO THE LEFT; SOUTHEASTERLY, ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 460.00 FEET, WITH A CENTRAL ANGLE OF 41424'27*, WITH A CHORD LENGTH OF 325,25 FEET, WITH A CHORD BEARING OF SOUTH 69 DEGREES 17 MINUTES 47 SECONDS EAST AND WITH AN ARC LENGTH OF 332.44 FEET TO A POINT FOR CORNER; NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 508.30 FEET TO A 6/8" IRON ROD WITH PLASTIC YELLOW CAP STAMPED { "CARTER 8 BURGESS" SET FOR THE BEGINNING OF A TANGENT CURVE TO THE LEFT; NORTHEASTERLY, ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 460,00 FEET, WITH A CENTRAL ANGLE OF 49°57'22", VOTH A CHORD LENGTH OF 388.49 FEET, WITH A CHORD BEARING OF NORTH 65 DEGREES 01 MINUTES 19 SECONDS EAST AND WITH AN ARC LENGTH OF 401.07 FEET TO A 5/8" IRON ROD WITH PLASTIC YELLOW CAP STAMPED 'CARTER & BURGESS" SET; NORTH 40 DEGREES 02 MINUTES 38 SECONDS EAST, A DISTANCE OF 435.£5 FEET TO THE POINT OF BEGINNING, AND CONTAINING 3.945 ACRES OF LAND, MORE OR LESS. i R , MLM97239301WATAU93EX001.FN! / PAGE16F4 December 2, 1991 • r VISTA OAKS DEVELOPMENT, LTD. HERSMAN DEVELOPMENT CORP. CC/ 97-R0022730 NDL 3453, w 847 R.P.R.O C. T. D.R.b.U.T. WANDRIVER ESTATES PH VII (UNDER CONSTRUCTION) 47 49 (RN E) J1IREG) f~j (CM) S 36132' w aa7.11 94.20' 1/2' IAF L•12332. 3/4 IPF W /CAP CM 8.960,00' 131.73 A-07028'470 L 167.53 CLEN•125.23 BRC■N 5219 , 4, R■1n4o,C0' 57' w yS, &R- CO 33' QEN•167.2a BRCS 31'43'30' E 5 L•390.26' BO. 7S 8.540.00' C•41'24'27' CLEN•361.02' L•332.44' BAG■N 9917'47' W 1111•460.00' x41'24'27' CLEN■525.23' 1 0(c5:' PARENTHESIS INDICATE RECORD BRO■S 6217'47' E MONUMENTS OR OECD CALL , CM - CONTROL MONUMENT. IAF - IRON ROD FOUND. REMAINDER 4. CtRF - CAPPED IRON 800 FgJN1?, YANDJAMMER. LTD. NSF' u 4 S. GAS - 5/e' WON 800 CAPPED 6 CC/ 39-ROO62520 gv "CARTER k BURGESS' SET . CC/ 46-80093041 b. D.R.OC.T. - OLEO RECORDS OF 8 R.P.R.D.C.T. 4 ~0 q5~ DENTON COUNTY TEXAS 7 OF DENTON COUNT ,PTEXAS.n RECORDS ~ CIRS GRS r'gV°~, 1F Q+~ • ` 3 945 ACRES 1-460 00' 6. CLtNwJft4W L•470.93' BRO ARC-N 63' 65VIOt'1Q' E Z, gE O , .0,44940; . T p.i9~3T22'\~ Q G 1 ryy~gr~ L ~aQ' BRCS 1310119' w e IZ/dIQ$ 'WINDJAMMER, LTD. ?~J 4 1 Q• l11 h CC/ 99-80082520 •f yy6 CC/ 9x-80093041 4 Q~ R.P.R.0t.T. 414 A1, S 49157'17' E q as +4pF Qp4 90.00 BURAYMS TIFIG R Ayd 1,~tiry L MICHAEL A NOWTUP. REOSTUEO 00OF59ONAL LAND S? ~~~~cr * 4 wq'' K94" IN THE SiATL OF MUS, DO NERnY CERAFY THAT THE VAR SHMA HEREON ACMMTELY REPIIESENri h ly THE DESCReCO RRDACATY AS OETERMINn NY A SURY" MADE ON THE ORnIND UNDER MY MOTION AND 11""ON AND S/e' IRON RODS CAP►n 'Glum A "O(SS' HAND IK SET AT ALL 1OV40ARY EdRNERS. UNLESS OnOWSE NOTED. THE MONLAW NTS OR HANd Y T. SET. CA FOUND, ARE RUFTIC01 TO MAMI REIRACEIIENT. ` 1• + 3", ( . SAM Nov fae EXHIBIT A 1" SHEET VAL& I - R.O. W DE ICATION 3.946 ACRES • 4 OF 4 ma e+I tM. I LT. P. k P.AC Rt~Yn y, MT. No. 990 0=0 n M.i,e. D N COUNTY, TEXAS e ~~m1nD+~aAuExXDDI.DRo 8 i i I r • I Apo& 9 W - Apah h n , AGENDA INFORMATION SHEET p AGENDA DATE: Jose 1,1999 DEPARTMENT: Engloeedeg & Transportation CM/DCM/ACM: Rkk Svehls, Deputy City Manager SUBJE [j CONSIDER AN ORDINANCE VACATING A CERTAIN 5-FOOT ELECTRIC EASEMENT ON LOT Is BLOCK A OF TIM RESIDENCE II ADDITION RECORDED IN CABINET F, PAGE 317 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, LOCATED ON THE NORTH SIDE OF JASON DRIVE, NORTH OF LONDONDERRY LANE AND PROVIDING FOR AN EFFECTIVE HATE. BACKCI OUND: Kim Adams, representative of Denton Real Estate Partners, LTD, asked the City of Derron to abandon the !-foot electric easement. The existing overhead electric line Is no longer needed and slated for removal. he prop aty to the North Is being developed in conjunction with the Residence 11 Addition, and new utilities will be provided. PAM ACT10N/R_s:VIEW (CAWIdt_ Hoarder. Com L""0 Approved by Planning dr Zoning Commission on Febnury 24, 1999. FISCAL INFORMATION None A..fAp Attached Respectfully submitted; b Prepared by- ! Clark. iRCtor Chrystop ~ Technical Assistant, Right-of-Wey ( c, i 4 1 I i 1 I I 1 ORDINANCE NO. AN ORDINANCE VACATING A CERTAIN S•FOOT ELECTRIC EASEMENT ON LOT 1, BLOCK A OF THE RESIDENCE R ADDITION RECORDED IN CABINET F, PAGE 317 OF THE PLAT RECORDS OF DENTIN COUNTY, TEXAS, LOCATED ON THE NORTH SIDE OF JASON DRIVE, NORTH Or LONDONDERRY LANE AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the City of Denton has received a request for abandonment of a certain S- foot rlectric easement; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the electric easement being vacated is no loner needed for public use since substitute easements have been provided; and WHEREAS, the fair market value of the electric easement has been determined and received, as required by section 272.001 of the Texas Local Government Code; NOW, THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 11. That the S-fool electric easement described in Exhibit A, attached hereto and incorporated herein by reference, and recorded in Volume 448, Page 334 of the Deed Records of Denton County, Texas, (and recorded in Cabinet F, Page 317 of the Plat Records of Denton County, Texas) as it pertains to Lot I, Block A of the Residence It Addition, an addition to the City of Denton, Texas is hereby petmmently vacated and extinguished as a public easement, to the extent described in said exhibit. SECTION I . That by reason of such vacation the City of Denton'a property interest In the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases anti and all claims t'> the use of the vacated portion of said property as a public easement. SECTION111.That this ordinance shall become effective immediately upon its passa;e and approval. PASSED AND APPROVFII this the day of , 1919, fr r JACK MILLER, MAYOR I 2 u I l'OvAwrrOiwMAMIr~Yb~1Y 1 i ATTEST: JENNIFER WALTERS, CITY SECRETARY i i BY: I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~~~•c I ti . E ~Ir` a ' j Page Iof2 1 PLANNING AND ZMINUTES ONING COMMISSION February 14, 1999 e and Wnlesday February 24. 1999, and beganaat aCommission of the . p.m. In the City yCo Council ChamTexas bers was City held 215 E, McKlnnsy. Hall, Commissioners Present Jim Engsibrscht, Elizabeth Gouro;s, Salty Rishol, Susan Apple, Rudy Moreno, and Bob Powell. Comm.:.,--ors Absent Carol Ann Ganzsr. Staff Present; Mark Donaldson, Assistant Director of Planning; Mike BucAk, Assistant Cly Ahomey; Larry Relchhort, Development Review Manager, Wayne Reed, Planner 4. Kathryn Nilsson, Planner I; David Salmon, Engineering Administrator, and Dole Hoehing Sonior Engineer. 1. Consider approval of the minutes of the January 27, 1999 meeting. Motion by Susan Apple and seconded b Sally Rbhel to approve minutes. 'Discussion of this item Is included In a Court Reporter's tronscrlpt attached It this set of minutes (page 1). .1Aatlon eaMea 5-0 CONSENT ~cesrune The foUOwing flame are recommended by the staff and approval thereof wW be atrlcty an the basis of Staff recommendatlm- Approval of the consent agenda sutlrorhes the staff to Proceed with each Mom In accordance with the staff recommendation. 2. Coneklgr approval of the Mal lot for Lots 1-0, a~ Addltton. The 4.71 acre U.6:1 Is located along Lillian Miller Parkway, south of !-0 E The rro s y Planned Development 87 (PD47) with an approved detailed plan on Ate and l ay zoned as 4.71 acrrs out of the John McGowan Survey, Abstract 797 In the City of Den on, Texas. eAn office complex Is Proposed. (Southrldge Oaks, FP•99407, TMa Fin,!q) 3. Consider approval of the revised pnpminary plat of Lob 14, Block A; Lots 1.52, Bock B; Lo!s 1.31, Slodk C; LoN 1.35, Block D; Loh 1.270 Block E; Lob 1.28, Block F; Loh 1.8, Block 0; and Lots 1.36, Blodk H. of the NW" Creak Ranch Addition. The 62.49 acre ape is located on the south side of Hickory Creek Road and the weal We of Teasley Lane. The property Is In a Singtedamiy 7 (8F•7) zoning d4 td, Purpose of the plat Is to revise the stnst design nd lot oonAguraWn, reducing n01dontlet kris from two hundred and eighteen (218) to No hundred and tw*N* (212). (PR-99-010, Hickory Creek Ranch AddhImi, Wayne Reed) Motion b, Salty Rlshet and seconded by Susan APPN to approve ocnaent agenda. 0 (Page 2 01scusf$on of this fhm fs included In a Court Reporter's transcript atlached to this set of minutes r ( r, Planning and Zoning commission r. February 24, 1999 Minutes Page 2 of 4 IIEhdB FOR 1NDIVIDtler ~~►~er„~ ATIO 4. Residence It Addition. I. Make a recommendation to the City Council concerning the abandonment of an exllling 25-loot flrelano easement In the Rooldence 11 Addition. (David Salmon) Motion by Susan Apple and seconded by Sshy Rlshel to approve. 'Discussion of this hem is included In a court Sport er09 transc.._ ript attached to this set i (PMfltIon canisa 8-0~........ -.of m.nutes . b. Make a recommendation to the CRY Council concerning the abandonment of an exlsting' 6-foot utility easamsnt In the Residence 11 Addition. (David Salmon) Motion by Salty Rfehel and seconded by Susan Apple to approve. 'Discussion of this hem Is Included In a Court Reporter's transcript attached to this set of minutes (Page 4). Motlon carries 8.0 8. Wynsione at Oakmont Addition, Phase 1. The 23.147 acre site Is localed on the east aide of Nowlin Road and south of Robinson Road. The proparty Is in a Planned Development 111(PD 111) zoning district. a. Conalder a variance from Section 34.114(6)b of the Code of Ordinances concerning Improvements to etdWng perimeter streets. (V-1> W3, Wynatons at dakmont Addition, Phase 1, David 8shnon) _ Motion by Bob Powell and Seconded by Elisabeth 0ourdie to approve with oondWanI. 'Discussion of this Item Is included In a Court Aeporter's transcript attached to this eel of minutes (Page 8). o nn carries 0-0 0 b. Consider a variance from Section 34.114(17) of the Code of Ordinances ooncaming sidewalks. (V."3, kristone at Oakmont Addition, Phase 1, David Salmon) Motion by Elizsbeth Oourdle and aaoonded by Rudy Moreno to approve 'Discussion of this Item is Included In a Court Reporters traneoript attached to this sal of minutes (Page 8). MDtl4gat k ~ 1 ' l 4.-; 8. Hold a public hearing and consider making a recommendation to City Cound for a change to .,4 ( the previously rth f PfOPOW N CCred ad nooMwosst of McNair The the north sid aloe of Weemenf~ry School. Melk~ed o purpose of E 5 ! l10Ct11110f 1 ) 1 N. r tlwl enal3t, ted~ u sd I Msidlf as W buts of staff "cwoedotla. dtk W eaeeat )poem t" with thl to 1 path" ud thou of pN ris at Is 441111101 fro W 2 peew Iffeelw of i aatott of dismAlt of far taw. It this time, 1'd ! . 1tN is aoxresa with that ! 1113 to alt to etch W replan Aettst of the aewrdetla . i ?tsodat am 10* C"dse1N of W of Died0° S W W low sa, w, to eosfda grovel I !eras for tuts kh"I ft" lhh~ 1 of too f1aa104, W 1 throat! I, Sloe} A of W p 11 ts uted a W sprdy w vw s to* l M 2ddida. MU to e t.Tt•sad tuft ! r S` date Seu1 tweEeee L too IN of 740 p.a I lad tl1* UWM Itiller faWr, W per) is 10 so Of pa Is" - f jut Noted be let pee Inver, those 10 a 81e, le efive o d 11 Is spaw. lksll ?Ill 11 of Die As an tare ts W aeyuu, it it th ow It L poopeom 12 The Wit Ito this ones to to cosew led w now !t O is to 1 tkm f1, 11oc 11 spprorol of the wadi) of w haq 27, it" 13 13 to 1*1 prolldaV plot Of tab 1 kcaatt 1, flock 11 wthf. Coadssimm, us !hw ap edditiw, s Lte 1 throat! VI pad to kb 1 tlto t 11, 11 delitiou, cometim? II pack k tote 1 thsoa¢ 16, bleak or tots I t4oigk If W U. ptp~r 1,y ooh b 1S 21, peek it loll l tkroopk tf, pact it tots 1 I? M. MW ml It feed. apron the doss". 11 tkmo It pock it ad fob 1 tkro* 14, 1w A of if M, 00v2fM: hu wild ad seaedd to 10 w ttieidN Is lyd ldd to p 1sts L s il.lf so tact located ON W It pproro, More w do se, 1 jut mot to As bole of 110 to the JA the "lots delis, at le W _ 20 "eta ride . Kk W hup Crook load rd W V* aide of It the reform to or. hwll u aytaie, tst~ do 0 wI ati property 11 is a pat to to ? 22 Witt w fact Wt thou taus alb aaro a "dw 21 !t W udM street ad lopqm of t W let m al atia at ptst to ia rnlas 1) apxlu to W Swill's bporhat, it abra, ~dre If * W to Ill. Adeciet 21 Sr. tow11 "Snot to W t t"flatla! les fro 20 to here ~f- >b t beltsn 21 tkadssieeus, ale Hw asf -1w 21 it's pat Is the SPIN Wt wp. 16 WA to U kaId MANIM i SMIX OW it, IM W u it Um I fro ftt?oq the /0101ST 24t 21, lfff I I m W tIq !f, fit this pwialu 2 1 1 2 oftidsitia it tbop said pat ro ts"u p, *dd I 1 Him b~ to red my 04 to !tt 1 1 ryjutp, .1Imt1r II tie N srs s aa>tia he I M. 2CRIL pas tN km* It rq, s. I apprord d w 4" hods. S Cslrm% 1 do vat to ootiu the I w prod of the I 0 OOnOtaCr sk If ~ Nthbetd that i also ad "code I tot same in a to lafu S 19@1111, 1 weld like to ut Is that's apoee L the ? men, I'm llu!d u roIou1. f i adlosa es weld lily to - L that epee is Ike ~ I M. r Will Mr, haul tad told ? odioa die Wald the to adlrm Np it" a w f r tbst to ad+aa, ad I fiend S I pt 1 West hoods? 111 debt. Thu helot the au - j 1 to imth* etso is tbere, the I add IN boa but 10 110110r, MS t 11 steed fariss:aou pose's 11 Nis of iteatiou 1 aald to old of dos. 11 0, per 12 M, ~r I do't tlet "pose's pug to 0 WOR? ts tnoe, ntas peat ai~t sod 1q' md*A Ind w it Pit for that title. oudiiu m . rdiae 14 IL 2ft;6111m I doll !a" dot u asadaeadp, JS to tor. kwil, 1W A If th hers a Naha of Ito We *a* for if 0, 9=191 Is a aolaeel bestir tee o 11 isdid" ms tim~...~.Se Sat, rAid Is no d 12 *WN aptaw 11 ateoawal is N the q~• Met put L N arks a , ll 0. IOM It deposits a dad It" of w h aeaail weoofat w If sar.ia, 0 abaodwat et N udutsp 2~fat tlrolw Now 0 Is t If A. Oa101dts pl is fleet of the eotfa, 0 mew bdhw It hdditla. V wild win of t ~ i! \ t It NNo r" tae rw had. Ts Ames aaip p I*d$ bill peortds at staff f ; 1 23 ha t this eedet is a hunt ltsafs, set tl L 00; Nd )es, Choir no nibm of 21 w hill NO itw bet Wt. tr Cent halo Is 114 of How dad lab's.. side onew pt I I tlla sy' of thw a~ 2! ammodd by the stiff, ud attaal aieW L ffhptb6l fttf110 f0101T !1, loft 2! Idol b be roLtlnlp at W dead. !s am wjle , pllllb0 i tdIHO fO1d41T 1t, 1!!! 6 J . r 1 4 I tulles smetf ! f f4olau uuaat, 9+t y6t Of a 1 he How pat Rd 1 this m* 1 "444411. ri, soh set , t m'I a w 7 mab nmrrdlda a m* L t: i tr+9+ttr + s the math od of J ahrdoamt of a ! ~ ooraaitr t~ I faaa Orin CCU of G0I0adarr• tdstfap fltrfaot stltity m J kk Is the dd'lb fa }at o shert rated ! !d w hbo u ldsitla list m 4144 „(yy t 1 of tim, ar an dlputrrd ei, rMddop thet An Pwldt W eau trpet to tYt au, a wU. 7 people JLttod pee" that wy WAHJ plat a I M. No ° rils L the 4111 peopon7 n 1 ardan comet, nit IN nq *d•IIFW they 7 ion nmeidsnd wk u t4 ago time that the 1 ura't home t airlap Wt la + Bale of lan And V few= arcs bed *"W the P"q, wn ru 10 men in do till a to N+a G ometa tht hen BMW 10 1 w n*1141.rio~ utComm lao!latd t Co d m I mIt arras uato 11 aseamete a thr. h spur;+ U h this tau, at w sir, !hers w me U futrrat, of lean, *106 w Cow MW of W 11 apartment "in tut goo propad, td, of awe, U t+aP+th J~ r 11tltoroat Gyat, ad, a a gotta at 11 Sat flroiws rat dtsipod la accereror Nil tlelr U fact, ma W property to W +atl of this ad Lr 13 rite plan. h In ca ra a the oealad, it 'r got s 1! 194 I to Comm W pnpottip fate amt +parwn; St owy dlstlectiee repo, ad wn'a a Uttlo edmle it aapJu. 17 W rootbtn ad &11 kW a tldr IW, 14 to lnfap a nn foot dottrlt e++e4t mA* 1 eaw hl st ti 1! tipkt tleerp w e" to t! 11 Ihe 19M era of the ptopatr risks to it m 17 met t 11 develop the pr+a~r as a gatow Owes, W W it t de i/u d p up G 114E they u to to s 20 A Considerably d=ffrnd laym. W tldl editGI 20 IN put ddlusd 4t tu, NNW arras to 11 !boll" "eras dmet amt fit wt Gyro, It u a nwe the P7, it t1G n caat G ao lapn t1 Wy're ngoostd abmfoeaes of tug It "coda s+m+go+d+ to wbftkpw ows of tW "odor f how to 27 G daw Wth the pens°!~ fad . +rpronl of d"Jrrt u rill. 11 W wt a'ritta. The y7 ter, s Gafufometb Al operat Gtlw Gritty NOMW 4prow. J! I'll be ow to &vw my 4wtlae In dot hall. II X1001 tae 11r. We pal G eeyome pnt4treo weld max I Am 8111m ~4 1999 7S 11to to adiroos thG pudnlu Gin! 11 !het use, 1111rS10 I pm mmw t!, 199! 1 GrGdoan, 1 t tautioa np rdiy this Lunt t o 1 G thin a metfost J wn =yom preset w raid <Wl1 tw 1 W UM 1m 114 UN to t a metJa, 1'11 I Ism? h+ym mm to Wgirm tus Inrp G Wt 7 Jih to amen Wt w rmerrbd to W City Gump the ! Cal, fo11duiaws, If We an w owtka, is t d of W +h+doart'et a "bil+l tin-fort I there a MUM 9 utility umd Im' W Ialdaoe 11 AdditJa to 7 91111 y gon tact w nmrrd tow I nmtdd it hlm 40, hoe 731 of the plat nmlde I City GaUI epptanl it the Aggler11! it a 7 of Dow Grty 1 al1tiao fire-foot lutr mesas IA w laldton I Ap. YMAt lkarl, to It. ! M. diQAlu?!it h w+mat's attaded to tl ri MIAMI 1 heUtn tats mr the 11 "mom r,~, b dumiftp W is tent 1 t! foot ffnlam. U ply= r4m Im dot! Igo . Wtfa tads U L2 It a W - 11, Im! ck I'm rorry. I'm eery. 711 3 o 1 tw md" w to 6 ritl err If ndm If a. DZNWIINA. I mhnaad• 3 111111 yeti tNNot L 1114 G a 13-10-unsdle le4tted . No Is tit 11 atty Awl Am: rr Wma it Wwtsltdomrt d sate w 11 a w eat tW of hit IA Alto ad me of PALAW 11 v'.stiay 15-toot tlnlw am" !m the foomm n 3 Wd the p"416 L flow p& VW III, 11 a ttmattd a Wast to hp 3U d the is w 1'1111 lam is a esuldu r adasw / id of Data COW?, plot tf0"'!' to Sit" 7f-111IlIh of w 114111 e<+d=mrois 11 2, Wises tined. to mm* *"mm to wst* red.. e,r 3 M. amaxt too awed sd atrdd, U Jd tie. tel 11 P* a d 9106 w rtalf repwl kJ ter. lernrad maw? pum==a r w sstlem! +1+1+. a rU. lit, 11 III IS few, MW pia dpi moo, ri1 WU U wag their, 1111 y add P" to 21 arrln nb=}mewly. It oO L we a the sllnlh lad w sum t+almeoe e: lelml 1111100 mm 11, 10 k7 m Him. Id t* If told Ilb, I'll goer striate now t W o n w 14, 399 I I f~ I I pIM ir. I1N ~ ~ bob 001 m f WA ft mm now SIZE 1.30 LOCATION LO+OONE[IMY rr bwtt M fR i 8 r t - I c a ~Ct~ eAef~1! ~ 1 "L IIe rea eel &A&W. _ 4. 00 W *-Hts* *.Ntsd lb 14 M + I/+*!'ll' tNet'ry' lMHff P ff'!! 60.17 N /f.el' to ll.90' t + fe ~ .H' rt~ Ain 6lw'H'l1Y Lh~i!Il •MYl7 FMSktel,$A -M f~el,MylA.'00'~yl~I~My C4 .h1NO/"1. IANC~ too f/KE LANE 9469MCNT ~ it, wAtM I" eAelllrln ~ Fi:% 4-11196. 1M• ~e'o'e7,t' Ns1' /f 41 ' 1. IA6 0,'klW N' swwn'ti C+,.er.'sw4f/rtt " SaliY CM.M.'MN•J[f1Y ANVe 14Si 1'1µ1e JI : tiwor 1• M 'OP LOT I BLOCK A s ; s,,w v .,JI•U'18' at 1b' DO' N tN/ M' ` r7 M~MIO } j to ILM, 100-94 L• Nr.N' mo IL.9.9 At ft", AO il•N'o1' CLRir'Nf1'11'1.1V ►LM• Nve4s, e•M+siowMtiV A LO? IN 1. f1.11' Ito h. ' 2 sM b P" t IN IL ~ el ~ 1 E,--~ : I.' n•w. trr er \ u bhe. Mt, er' llllllM ..Rrn~i tr`e'ii w~n""T N ....r 0►Mf,I.N L I es 1. ~r1y, •M ~ N $0043' 60' W 41:.b4• i o i AlIMd11h,_,Z~ ~~~r~ AGENDA INFORMATION SHEET Apr* a 1k1N , AGENDA DATEi Jr,ne 1,1999 DEPARTMENTt Entiaeerlag li Troasportatloa CM/DCM/ACMt Rick Svebla, Depaty City Manager i SUBJECT s CONSIDER AN ORDINANCE VACATING A CERTAIN 25-FOOT FIRE LANE EASEMENT ON LOT Is BLOCK A OF THE RESIDENCE 11 ADDITION RECORDED IN CABINET F, PAGE 317 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, LOCATED ON THE NORTH SIDE OF JASON DRIVE, NORTH OF LONDONDERRY LANE AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: Kim Adams, representative of Denton Real Estate Partners, LTD, asked the City of Denton to abandon the 25-foot in lane easement. The property was platted at a time when fin tans easemeats were required. The developer was not required to replat the tract at dds time, because the proposed use is unchanged. (Multi-family development). The site plan has been cheniged, conflicting with the old fire lane layout The easement must be abandoned In order fa the development to proceed. PRIOR ACTIONW.VIEW tCawk L atdL Coaalm1oM Approved by Planning & Zoning Commisalon on February 24,1999. FISCAL INFORMATION None Q Attached Respectfully submitted: 1 r~, N6 ,A, Prepared by: F*i g dE Transportation 4 Chryst Owens I Technical Assistant, Right-of•Way s! i t i i k r ORDINANCE NO. AN ORDINANCE VACATING A CERTAIN 25-FOOT FIRE LANE EASEMENT ON LOT Is BLOCK A OF THE RESIDENCE it ADD117ON RECORDED IN CABINET F, PAGE 317 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, LOCATED ON THE NORTH SIDE OF JASON DRIVE, NORTH OF LONDONDERRY LANE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for abandonment of a certain 25• foot fire lane casement; and WHEREAS, the Planning and lxoafng Commission of the City of Denton, Texas reviewed the requested abandonment and recommended appn,-rtl; and WHEREAS, the Council of the City of Denton, Texas has determined that the fire lane easement being vacated Is no longer needed for public use since the Fire Code requires substitute access which the developer has provided; and WHEREAS, the fair market value of the fire lane easement has been determined and received, as required by section 272.001 of the Texas Local Government Code; NOW, THEREFORE, THE COW IC1L OF THE CITY OF DENTON HEREBY ORDAINS; J, SECTION I. That the 25-foot fire lane easement described in Exhibit A. attached hereto 1 and Incorporated herein by reference, and recorded in Cabinet F, Page 317 of the Prat Records of Denton County. Texas as it pertains to Lot 1, Block A of the Residence Ii Addition, an addition ~ to the City of Denton, Texas, is hereby permanently vacated and extinguished as a public easement, to the extent described in said exhibit. SECTION 1[, That by reason of such vacation the City of Denton's property Interest In the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, ani the City of Denton release any and all claims to she use of the vacated portion of said property as a public easement. • SEL'TI._ON . That this ordinance shall become effective immediately upon its passage and approval PASSI D AND APPROVED this the day of , 1999, ir JACK MILLER, MAYOR I 0111 a. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUiY, CITY ATTORNEY BY: A,4/ - feX i it Pte 1 ot.1 3 MINUTES a PLANNING AND ZONING COMMISSION February 24,1099 Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday. February 24, 1099, and began at 6:30 p.m. in the CHy Council Chambers at city Heil, 215 E, McKinney. Commissioners Present: Jim Engetbreat, Elizabeth Oourdle, $shy Rish of, Susan Apple, Rudy Moreno, and Bob Powell. Commissioners Absent: Carol Ann Gamer. Staff Present: Mark Donaldson, Assistant Director of Planning; Mike Suosk, Assistant City Attorney; Lorry Rsichhort, Development Rsvlew Manager, Wayne Reed, Planner II; Kathryn Nils-son, Planner l; David Salmon, Engineering Administrator, and Oak Hoefting Senior Engineer. ° - 1. Consider approval of the minutes of the January 27, 1000 meeting. Motion by Susan Apple) and seconded by Salty Rishel to approve minutes. Viscussion of this Rears is Included In a Court Reporlers transcript attached to this set of minutes (Page 1). Motion caries 6-0. _Bob Powell had Ieft room CONSENT AQQ~ The fotfowing Rome are recommended by the Wand approval thereof WIN be strictly on the boils of staff recommendation. Approval of the consent agenda authorizes the staff to proceed with each item In accordance with the staff recommendedw. 2. Consider approvof of the fln.I plat for Lots 13, stock A for the Southridge Oaks Addlllon. The 4.71 acre tract is located along LiMan Miller Parkway, with of 136E. The property Is zoned so 4 71 acres out of the Jon Maiowwith an en Survey, Abstract 707 In the City Donlon, Texas. An office complex Is proposed. (6outhridge Oaks, F13•09-007, Trine Finney) 3. Consider approval of the revised preliminary plat of Lott 14, Block A; Lob 1.82, Block 8; Lots 131, Block C; Lots t35, 8loek D; Lots 1.271 Block E; Lou 1.20. Block F; LOU 114, Block 0; and Lots 1.38, Block H. of the Hickory Creek Ranch Addition. The 82.40 acre site Is located on the south aide of Hickory Creek Road and the weal side of Teasley Lane. The property Is In a Sing le-lamlly 7 (OF-7) zoning disbict. Purpose of the pW Is to revloe ft sW st deslpn and lot configuration, reducing realdeMial lob from two hundred and eighteen (218) to two hundred j and twelve (212). (PR-0941 0, Hickory Creek Ranch Addition, Wayne Reed) Motion by Softy Rishei and seconded by Susan Apple to approve consent agenda. 101scueslon of this item Is Included Ina Court Reporter's transcript attached to this set of minutes (Page 2). oti II cables 8-0. i~ I 4 Planning and Zoning Commission Minutes February 24, 1999 Page 2 of 4 ITEMS FOR INDIVIDUAL CONsInEgATION 4. Residence II AddWon. a. Make a recommendation to the City Council corrceming the abandonment of an existing 254001 firelane easement in the Residence 11 Addition. (David Salmon) r Motion by Susan Apple and seconded by Salty Rishel to approve, 'Discussion of this Mom is included In a Court Reporter's transcript attached to this set of minuleS (Page 4). ......Is _ to Motion vrrfes 5.0 b. Make a recommendation to the City Council concerning the abandonment or an existing 54001 utllily easement In the Residence ll Addition. (Daub! Salmon) Motion by Sally Mahal and seconded by Susan Apple to approve. 'Discuulon of INS item Is Included In a Court keporter's tronscrfp! attached to this set of minutes (Page 4). Motion carries 0-0 . 5. 4Vynatone at Oakmont Addition, Phase 1, The 23.147 acre ells is located on the east aide of Nowlin Road and South of Robinson Road. The property is in a Planned Oevelopmen1111(PO 111) zoning district. a. Consider a verlance from Section 34.114(5)b of the Code of Ordinances eonoeming Improvements to exlstlng perimeter Streets. (V-90-003, Wynslone at Oakmont Addition, Phase 1, David Salmon) Motion by Bob PowaM and seconded by Elizabeth Oourdto to approve with conditions. Discuscion of this Rem Is Included in a Court Reporter's transcript attached to this set of minutes (Pogo 8). Motion corriss 0-0. b. Consider a variance from Section 34.114(17) of the Code of Ordinances oonceming sidewalks. (V-99.003. Wynetons at Oakmont Addition, Phase 1, David Salmon) Motion by Elizabeth Gourdle and seconded by Rudy Moreno to approve 'Otscusslon of this Rem IS Included in a Court RSporter's transcript attached to this set of minutes (Page 8). Mclion Can'ea 64 i PUBLIC 14EARINGS_ZONING CHANGE / S. H the old a public hearing and consider making a row . andstion to City Coundl far a change to the north side of proposed etailed Creik RRoad, ol, of McNah Eli entary SCI. Tit on purpose of a I~ 1 9aocIlBlrgB 1 ! 1 arlccly an the Btri of ahft reooarodatlw. ~ I I 0 4W e►~9, idler ! gatherer sod Not of 200 4W an a t ho lpptoal of the faucet hpds Whorita stiff to y N vi" fta ha ! procud with acB Its is acooadma with that 4 comfort or dicamfort of Ions hot, It this tin, I'd 4 tuomodstim. 9 like to call to order tha np<lu Mt* of to ! IM two itst an, am, to consider approval 4 plamiq ud famiq CCWisfa of the city of Dmtoo, f of the final Piet, Iota 1 throngh 1, pock l of tha To" forte this is tot NfidadaiyWlehaavy 21tb, 119k. 1 hakidgn tLb Matim. This is a 4.11•ata tract +1la, a Will be tikiq 1 100ted slag =a Iiua Puhay. The property Is 1 a ]"irate Brut aoWahut Is the trot of 7;00 PA, 9 tad bead dnlopsd IT with sppra►ed Bow plan 10 so If 1a hen I jut watt to Id In tmw, thud if a fill, m offla capla to ptopud. 11 of you Ad tre hen is tBo adim, 11 Ind tha sow Item It to tnafdsr w"Al 12 The first item this enmiaq is to cmider u to cerise 11 spproal of tw date: of the 2smuy 21, 1999 11 o I pd~1 plat of fats I tkooph I, Block 11 111014. Ccnluioan, Are t4:- mI tddltleu, tact araogh 12, hack at late l taro* n, 19 deletions, Corrections? It !lock Cs lots I throegk 15, Block 0: lots t throng! 11 a. if1t2, iu WWI to t! 21, w It tote 1 through 21, pock r: lots t 11 M• per; se I'll WWI the Wmtu. 14 tkr* Block 0: ad lots I woo pock I of caw, If a. t1sd121C]t!o Nee monad am aetmdd to 11 eke Ilckory Creek Wd kdditin. ll !WJ is a 0.0 stn trot located as tho 19 Won. NION ue do a, I Jot Not to like note of 19 aaRl side of Ifebry Greet goad ad the wet side of ?D the i the eapite aHautes, cot it than neatry h rowly Tut, tha ply, is Ins a 1*11.1atly 1 21 the referaa to Ili, tnuell 61 004 that hu to do 21 ad" district, fha pospou of the plat it to raise 12 with the feet that then folks an seen a etriom :t to stmt dale ad fat taflpaida redxiag tl igexla >o the Sheriff's tkFutamt, it cetera, what 11 saldeatii lots from III to 212. 24 Be. Powell anu la that eWeitf, ld 1 Nldm it Conimioan, us Most my - dons mime 25 St's pat in tN systn that my, 29 wish to Po12 a item from tha comet 2peoda! Hold NAM( now rtymapl 21, 1999 P uryi10 1'OaIDg Rum 24, 1999 1 4 ~ 1 1 ems sardetiaq if, for thiJ Wicolas I Joint Ilb to ache of clewed a it? 2 orgaaitatin if they could pmt t i u Iii taperiJl 2 M. AIM: I'd like to rah I motda for ! I+futl' 1 Ippronl of the Casat 2grde, 1 a. MU: 'lace in kcapht it tip, at, 4 Bl. tTtRlljBtCar If in wild Withhold that 9 Chairmen, 1 do ant to watia that I etr prod of the I a Witte,' add lib to Ilk It thore'1 mym in the ' nil ed prowtia 1 got bouaa ter of to plans 1 lodiaa who Wald lib to Is third aloa is the 1 there, I'm listed it colonel, I sodimn who add ub to addrm my its m tha 1 N. 13ZPSIMM N11, Ir. rewtl Bid t,:l 1 Uumt Igmdsl All tilkt. That Nlaq w cut - 9 Of that 11 Werner, ad to I fignrnd if I pot 1 M. ldrltr I'll wood Co>.iselemot flshel's 10 somethlaq list Sot thort, them I add sot Boa em1 11 aotia. 11 aid of lttratim I odd get omt of sta. 11 a. at2tll,dT0111 Bey dieatim a tha 11 A. 119W I don't tlfak myna's pig to 11 atia? All Ion IM, rain you tight had. Bottom 11 tie for that title. 13 calla walatly, 11 M. am a mr I don't hear chat 11gpmd 11 N Uri a Mow of Item this food" fa IS to Ir. Pow11, 19 Maw couldaatim. W first, eN9 is Itm 1 11 a. WOBD[tr Is a colarl bitter that J 11 a the *06, 1161 to Pate. I.nt Pd Is to mots a r IT egtelmt 11 noaarddtim to tit city tbmdd! "*I* tit 11 M. BtCa; It depends a adt Breach of at - 11 sdnln. If ahmdamut of 61 Waist 5-foot pintas uammt 19 t: the Widow I1111il1a. And Bt, Braid Id" of 21 N. d~1tBtC7Cr III Is fna of tha aotlca, 20 tha 61piW* deputarot will proll& tha staff 11 pieue nil pour right hand. W atlca curia, 11 r*ri, 22 anmlenwly. U o. SSIICI: hak M Miu rd Wiwi at 21 Ito 2 this otlaw is a bumf hpsds, ad 11 tkt Commisda. Bpim, this It" 10a th I It 21 a Bra to item miler tha, tha Could Bond& is 14 of NNW abadommots, I that both of that fif ii ma tAW By the staff, ad gpft thereof is I5 pip to td nlalfely etd ad drill, the first ON, Marc 1 WRIN fIB2,2Bf 21, 1919 2LBMIDf 1 20IOC 1IIAlAIC 21, 1999 6 r, j i i it I earlier atiaow, is for aDudoaat of s S I flralme aerosol, Vel pot a viciaity ~ " the t I mah Thu law rtlostdttia t tdo oR W of tit? Its ttome; l the cmcoetntoftmlae t ) overhed. no e " 'p l~ 1 Jam ed. Off piewl s at the mm ow of ) Andowd of u edstiaq flvadoot utility wou. S dtck is the wy. 1 e the keeideo4 II ldditim. load k. Was will i d of tl 1 our tin h e aid 'U war 1 d a shout pried S provide the stiff report far that we, as Will, liquid" that AN t SAM. This is the ere property v, 1 people platted property that they admit plot a f !wt Couidad. igalk at the Sam' tin that the l fireIaoe aerset, Shat use Very shod-lied. they 'I' pn►taa aware bad phttd the property, two was I hann't boa ngdreq that in a ao her of )ears, Id S repireemt to a electric Duty Hosed urors 10 ea w do hen a few plats a Deota that base firdan 10 the hick. Ihat MOM w intitutd e 11 aserats a tba 11 tatrmmLOf course, tpuate 11 a this cat, at the tin, titre Was a 11 RdN the acv Omer of tie U "d caaplea that Wis td, It ldm a ~t a a matter of j 11 the firdaaa Win atlProp lied, of mom, I) fact, aaa the property to the earth of thls ad is 11 ping to cadres the rwia into am 1S site ?In. is you too s ~ l oeorvedeetl dd, their rhead It's tnep aputmen: 15 If Vety, distinctive shape, ad than's a little circle at l d ier, So Will a fbe-foot electric "smut 11 the Aouthon ad all basil at their layout, 11 tmatoq of 6lsectiaq it riot tin* the .idm1 is it develop the gem ~ of the p m wish to a lot atoll Alt they had IS dtl. flay bate m w:c diffy as a tes, had has IS ON plat dediteted appropriate utility sumats to t0 a coteidaably dllferat layout. etiql pl. W till eaistiaq H 14111 the popetty, to this uamaat Is no Inlet 21 ftrelaae auteDat dal hot fit that l1rd. So Il www- h Dmleparoat latertaaltta is 11 they've req:ated abudonmt of the alleged. This ti utaasdiaq approval of this AndJemat a *11, II it dote vitb the Dt"lgmt lauv ondtta. She 13 IL 1st; Caai»taoan, my 11 0evolopmud levier Coaittea ntanwda apprml. ft quahog for lit. Alaeal Is ate" prllat 6 would IS I'll ha Pd to alwe any gaeeting ya sight have. IS like to Wilms this partiedar istotl b that care, r'1111m f imm rtllWtat a, I", 1IIM 1101tie6 Smugly 11, Jill v. I a. Gexmm: Casdatoeers, Any I 1 is there r acial 1 ~t i uegardiaq tug iuwl 11* jut ark, Is I !l. 11M., 1'd We to auha a atlas. 1'd voce protect kid weld like a wdras this S like to son that Wi reamed to the City Camtil the I Well loyme ptaat to sea, this fual 11 that I approal of the abadom"t of a uetiaq five-foot S we, Caduloun, if We to m qoa low, is S utility Jeered Wthe iuSdw it hdditloo ea f that a notloot f tmtdw is votme 111, pap Ili of the plat ncatda 1 0. hrfu; I sore that Wi eeooaeod to the y of Data cond. City Comcii approval of the abaWWmd at a 1 A. LM Wood. S eslet* fivrfoot Utility uatsmt a rhos hasidate S M, - " Iti'all IM arrays wow to 10 if, 10 reeaaaedtd Watsl. Joy dimial 111 Is fiver 11 aSL dCfUlflbtr I bellre the ere 11 tbs 11 peace ten pat riot had, lotia Dania U IS-fact ftnlut, 11 malamly, 11 111, IPIU; ON f's retry, is Jerry, Its IS Its I this "am has to de wick a« 1 11 a. OMWMI 11 1 a the - 11 rareon tegoate. The is tie tymatan at 01tow if Iii, hfRtr t Met that w nee.sed to the 16 authe wt 11ft" 1. NJ is 1 13,.Mm liti located 6 of Sadie Iad adfWA Of hiiasa i 17 City Camcil approval of the aiadaaral of a 11 low, ere prapaty'a is tlamw Deedop wt 111. q 11 aaletiaq 23-fact fitslme aueaot is the laidw 11 if The tint its Is to eeaSder a sedan floe ! r to of Dut cowl, Cabloot to page 110 et tM plat nerotds 11 hurls *111fSq of the mils of esdisascfs ~ . y 11 omnnisp ipmmu Is idstinq pelota 1tn 1i M, llSilr famed, _1 W it,aWas WH. elf* , ey to prolids t4 Ault rpoto u 14. D : Im send rd WWA IS too, Wanted wrowl Kemal" a t4 atisl 11 A. Um, *At, Alt I weld ptepeu to It IN it Gvor, raise your right bej& the ate" 11 do a earn tie sidealk and this host "rim 1: IS allies amaaeoaly, IS a1 ti", Mil th", It yntf Ills, I'll Eke s4laret4 WA110 I 9X M ftllt7ly 11, IIII PAM a now rwm 11, it" 1 w r, f 1 OWN IN awr sa ■ A ,50~ WI/A /R ~O SITE r.~ LOCATION C l eweevoo~ w 1 ' 1 t, c. 8 89'!8' oe' E - - - - - 00700' r r r _ r r r~~ r r~ r a' R1fCt1rC IANIrN1 ,Y01, Iq ►AOE RM SASAW. +S ~ 1 ~1~ R• NI Ie' A. !/t" e~f 6068.4p'n• t1•/a•erM' 1'H R,Nfi~ ' r M+ s4w' ew ii a L' 46.10 es' / •s+p be• b 11r~b'a'_r~Ml Rn•t~a•N'ls7 c~ie•lx~w' µfabil L ek,o + n W i ~1/~.y. Sol • ~ V ,r w lS f/Ri LANE MOUNT...., td wATM U111 U~ \ M~ i • R u ~r~r'w-aw All R• IItM' . Nkl. ;1 idle ' Ith 9th l.+Itr•MrYt \M+iN•M'/!R !►'+11/o' o46 b+1bill' "a ~ a.M+llt!'~111e lJ~.~a+MM'Mfl7f i~ y I`aver 'r,- er w v LOT 1 BLOCK A R %ks i4 Rr M.~e ~ ~yi i i~ • 44 Well s. 0 15'00• ;w N' +!1MfMM~ 1+ ell U•MV/• a ,f~ Hirlrl.w .s/ 1~+% L. Is.gr KM+-M004ea w etw+rlr raly Est to .--..rNt 0'*sow ry 0N' w aft 0 w Case rr rr r'r '~'"V,1~f1.. `VEG. "qj N 80'43180' W r~ y M 0 8f!~ A'1 e t, u . 1 No AGENDA INFORMATION SHEET i AGENDA DATEt June 1,1999 DEPARTMENT: Engineering & Transpostadoa CM/DCMlACM: Rick Svehla, Deputy City Manager SUBJECTS Consider an Ordinance Abandoning a 20-Foot Easement for Water Maine and Electric Power Transmission Lines Situated in Lots 1, 2 do 3 of Block 1 of the Eagle Point Shopping Center Addition, Which Runs From S. Locust Street on the East to Fort Worth Drive on the West, Conveyed to the City of Denton per Volume 410, Page 92, Deed Records of Denton County, Texas; and Providing an Effective Date. AACXGROUND: Michael Clark of Winkelmarnt dt Associates, representing Home Depot, is requesting that the City abandon an existing 20-foot utility easement in Lots 1, 2, do 3 of Block 1 of the Eagle Point Shopping Center Addition The easement, which tuns from S. Locust Street on the east to Fort Worth Drive on the west, was dedicated by separate instrument in 1953 for the purpose of covtn:cting water mains and electric power transmission Knes. 'there was an existing 20-1nch water main constructed within the eaeemen4 but no other facilities at located In the subject easement. This water main has been relocated Into a new 20-foot utility easement, which was dedicated by the replat of Lot I R in said addition, for the proposed Home Depot development. OPTIONS: Approval removes an unnecessary encumbrance from the subject property of an easement ftm which a water line has been relocated and within which no other public facilities exist. Denial retains an easement for utilities where note exist and encumber the subject property unnecessarily. w i RECOMMENDATION: Approval Is recommended in order to remove in unnecessary encumbrance from the subject ~A property. ESTIMATED SCHEDULE O'; PROJECTS 1 \ None r t a a, PRIOR ACTIONMVIEW (ComacL Boards. Commissloasle The Development Review Committee recommends approval. The Planning do Zoning Commission recommends approval. FISCAL INFORMATION: None BID FORMATION. None MAP! Attached Respeefty submitted: ML A" d by-. J Wk. D & E 'Bering Trangwtadm cue--~--- teve J l Technical Assistant I 1 r r II i - - - - - yr 'CSi4'aL"r / ~ i PONT or 1231M« UMS IMAW BECINMNO ; 001e of ..ILIA 7 I . I l K . K W ,wSw' '~;'•,r B~OCKR1,bM1~t a i l r ww F-«..,i~% 14.174 Ae. %I Q er w ,u ri ' 17,471 S.F.) 3 h. y c tens i ti koa J' t~ac rOr,l k• f ar crntcl s % MNk Wrt 31r / / / vD~wt 027. 117 r n. r vrr,r r l; I j IWO " , t[+AS CKy 7fY(M ~ CrLM .5R keDCt 1 ~1}+. ( DRW vm 113• POM 737 • (3s,401 S3 s r.) F,4p • nw N 1116.1" , -tise c 7 ~~,~'r PROPOSED ABANDONMENT ® or EASEMENT AREA r EAGLE POINT SHOPPING CENTER ' 14.174 ACRES ID i CITY Of DENTON. DENTON COUNTY, TEXAS ALEXANDER HU SURM, ABSTRACT No.' 823 , 1 cm or C". KNW Callen, TLS" w./' OMMDIi C[~0'!R, ! fYR1R1~01h' • ' l O*K Mov"q[S 11M KPO IA I, TOISILLIIAfl) lIQ 70l low Avt" If70 no ;R& tw I' LL00 IMILdILfT~ 700 M1ICMITA TAUS. TX. 7[701 W" ?m 78334,4,10" e3W710 oAwa. »sw 7!370 , w. or Lm- ! 1,aw~r.L7) 4, all so If 3 tr l~ Planning and Zoning Commission Minutes December it, 1996 4 Page 3 W e Mr. Rishel: Second that. Commissioner Engsbrecht: 1 well to thank Ms. Apple. I wai nit sure wed gel anybody to make this motion given Vt length. Any discus" on the motion? M In favor, please raise your right hand. Motion carries unanimously. (T-0). b. Consider making a rseommondation to the City Council conc"ng the abandonment of on existing 20-foot utifMy eaaamsnt In the Eagle Point Shopping Cella Addition. Commissioner Engatbrecht Mom 5 b, then this evening M to consider making a recommendation to the City Cound concerning tla abandonment of an existing 20-W uWy eesemart In N Eagle Point Shopping Calla Addition. I believe Mr. Salmon from Engheorlrg Is going to provide us with a staff report for tats element cf tin replat• Mr, David Salmon presented the sleK spat. Mr, Salmon, Good evening, Chairman and members of tin Commission. This Is the some property you )um looked at on the last Nom-the proposed Norse Depot mile near the ldasedbn of Fort Worth Drive and 11.35. This Item Is the obandonmeM of an existing 2(),W lens uWy asement rve got du existing ooesment that we're proposing to o'usndon shaded M yellow on tin overhmW Just to make this as quick and mimpls as poasble-the CRy currently hoe a 20•Ixdn water Ins In the Meanrent that I've got shedsd h yellow. Home Depot proposes b put a building right In this st" wfate On water Ilene ouneefy exists. So, ftyWe poNvood the CRy to abandon that easement. With the deveWprwt of !,tome Depot, Home Depot will be sit" isle for nbcatlng that 20-Inc ht water Brae around thel p.,opomed buNdkg. And what tiny plot tla property, they will be dedicating s new s t"mad in Ila plea. The new casement goes around tin north mile of fin building around the top of the plat and back down end around over by Fort Worth Drive. And I bellm we hew epprowd construction plans In our possession shovArg how they're going to relocate that water Nne, which we acceptable to tin CV, We would m)ommW that We s isement be abandoned with a condition, of course, the &W plat that youl be baking at e little bin War this ewnlg. Is approved and fihd. And we would also propose that the Wool abandonment rat take plow uMN tin new water Onto has been mocepted. I'll be glad to answer any questions you might hew about We Issue. Mr. Rishol: Mr. Salmon, what Is 0a slte of that Ilne now/) Mr, Salmon: We a 20• inch water Nnm. Mr. Rishol: And tta new water One *11 be the Mme slit? Mr. Salmon: That's oared. Mr, Rishel: Think you. l Mr. Engelbrecht Any questions from Mr. Salmon? Your recommended motion, u 1 read k would We Into account the Issue of ensuring that the new One Is In and tla Mooment dahcated before tin other one Is.... Mr. Salmon: That's canned. Mr. Erpebrecht Okay. M right Thank you. Is the po*Jow pmW Do you cone to make ay slatement? Mr, Clark: I would be happy to answer any other quesbom I"ht that I could, but 1 dwl he" anything cube to offer. Mr, Engebrocht Okay. My questions for Mr. Clark? Thank you, Is thew anyone present who would like to $peek in favor of this petition? Myone ptmm to speck ki favor of tin POW to that case, anyone praeant to spook In ~ A t o$"s lion to the petition. Myers present to speak in opposition? Ssskg no opposition, wa7 waive rebuttal. The public hearing is closed. Mr, Sshwn, do you have any agar remarks? Oksy. Commissioners, any questions for staff? Comments or motion? Mr. Rishel: like to make a motion. I'd Uks to move that we recommsM to the CRY Council! the approval of the abon&mma i of an existing Mid utNRy oosoment In der Eagle Poll! Shopping Caller A lak)6 es recorded In 4 Planning and Zoning Commlerion Minutes December 115, I "a s Page 4 of 4 voknos 410, paps 92 of the Dead records of Denton County, subject to the relocation of eKISON ($$of $ Into a dedicated utldy aaaament, and as Mr, Salmon recommended. Mr. Engelbrachl I think there Covered In there. Mr, Pistilli: Okay. Think you. Mr. Engeibfechh to then a second? Ma Oanzar: Second. Mr. Engelbreeht: Any discussion on the notion? AN In favor, please ralo , your right hand. Motion carries un.•,nimousy. (7-0) c. Hold a public hearing and consider approval of the preliminary plat and final plot of Lot 111, Block 1, of the Eagle Point Shopping Caller Addition, bsing a reptat of lob 1 #"Wh 4, Block 1, of the Eagle Point Shopping Center Addlllon. The properly Is within a Commercial (C) zoning district, ReW1 development Is pro,wsad, Mr. EngelbrecM: Item 6.C., then, Is to hold a public heankg and consider approval of the pralmklary pit and Gnat plot of Lot 111, Bock 1, of the Eagle Point Shopping Center Addition, being a replat of lots 1 "h 4, Sock 1, of the Eagle Point Shopping Canter Addition. The property Is within a Commercial (C) zoning distrot, RNall development Is proposed. Mr. Donaldson, start report, plea s. Mr. Mark Donaldson presented the staff report. Mr Donaldson: Now that we haw dose %I two hem al taken are of, we been@ the plot Is In such a condition that d noels our Subdivlsoa and Land Development Regulations. I just remind you that on ft verism, you have Anal splvr vat or authority. So, that variance bee ban granted a of this owning On the abendamant of the sasunent, you're making a recommendation tt. City Councl that will go on to them. So, for a period of ti will have edundent easements In pia ur4l such ion e, as Ihey'n ready b actually move the line. so, we're sit last having more easemsnts than we need radar then fewer, Apart, this combines four lots thal ware pravbusy, plaited for another relal proposal tan yam or so ago Into a single Iol for the Noma Depot Walt store. $left recommends approval. Mr. Ergak rscht: Any questions of Mr. Donaldson? Thank you. Petitioner tare to make any oommaMa7 Mr. Clark: No, sk. Mr. Engelbreeht: Any questions for Mr. Clark, the p0li Thank you. Is then anyone present who would like to speak in favor of the petition? Anyone presenl to speak In favor of this pataion? In that Came, anyone ~ to N speak In opposition to the petAOn? Anyone present to "It in oppoehon to the potilon? Seeing no opposition, we'd walva the rebudat Pubtlc hearing is closed. Commissioners, any comments of motion? Ms. Oourdia I mow to approve the pnAminary plat and final plat of lot SR. Bock 1, of the Eagle Point Shop" Center Addition, being a rapist of tots 1 through 4. Bock 1, of the Eagle Point Shop" Canter Addition. 4 Mr. Rlehsh. Second. Mr. EngstbncN: It's been moved and seoonded to approve. My discussion an the moton7 I would juN like b make Ne comment that over Ihe yen, I've seen a variety of **Ay We with nothyq aver coming to fruition and-on this acts, over end over end over again. And than we'd hear of Nkgs that are gong to come and Noy n A And theme was action with plats So, I'm pleased to as you hen. Hood W. 17 be more p4aed when 1 9 4 I" on the r Mr Clark: It should be (ftWi e) Mr. Engelbrecht. Okay Any other oommenL All N favor, phase raise your right hand, Motor ahta unanimously. (7.0) 5 c c> I r ORDINANCE NO. AN ORDINANCE ABANDONING A 20-FOOT EASEMENT FOR WATER MAINS AND ELECTIC POWER TRANSMISSION LINES SITUATED IN LOTS 1,2 & 3 OF BLOCK I OF THE EAGLE POINT SHOPPING CENTER ADDITION, WHICH RUNS FROM S. LOCUST STREET ON THE EAST TO FORT WORTH DRIVE ON WEST, CONVEYED TO THE CITY OF DENTON PER VOLUME 410, PAGE 92, DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, a water mains and electric transmission lines easement exists on the site for the new Home Depot, such cerement runs from S. Locust on the east to Fort Worth Drive on the west, which the property owner desires abandoned since the only improvements In such easement was a 20-inch water main which has been relocated per the replat of Lot 1R; and WHEREAS, the easement was conveyed in 1955 by George M. Hopkins to the City of Denton per Volume 410, Page 92, of the Deed Records of Denton County, Texas; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval on December 16, 1998; and WHEREAS, the Council of the City of Denton, Texas has determined that such water mains and electric transmission easement is no longer needed for public use; and WHEREAS, that the process for determining the fair market value of the easement above, as applicable, pursuant to Section 272.001 of the Texas Local Government Code relating to the conveyance of easements to abutting properly owners who own the underlying fee simple shall be followed in effectuating this abandonment; NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the water mains and electric transmission lines easement, which nuns from S. Locust Street on the east to Fort Worth Drive on the west, and being situated in Lots 1, 2 & 3 of Block I of the Eagle Point Shopping Center Addition and conveyed to the City of Denton from George M. Hopkins out of the Alexander Hill Survey, Abstract No. 623, per Volume 410, Page 92 of the Deed Records of Denton County, Texas, Is permanently vacated and abandoned as a public easement. { SECTION Ii. That by reason of such vacation the City of Denton's property interest In the said easement shall, by operation of law, revert to the owner or owners abutting the easemn.t herein abandoned, and the City of Denton releases any and all claims to the use of the vacated property as a public easement. (1. 6 c, SECTION M. That this ordinance shalt become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11999. I I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY, CITY ATTORNEY W III` 1 , j, / t (A i 3: tkcummtj0dinance0MormDeM Abmdonmmi.doc 7 I U • I i i F:4hamdd OLOLbur Doeuma,t60diflVwWSq M4h Weer District aeutem N &V Al" k AM& k i 9, 1 ORDINANCE NO.. _ AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED THE CITY OFDENTON,TEXASv.DENTOONCOUNTY FRESH WATERSUPPLYDISTRICTNO.1A ` AND DENTON CObYff FRESH WATER SUPPLY DISTRICT NO. 3, CAUSE NO. 99-40158- 362; PENDING IN THE 36PD DISTRICT COURT OF DENTON COUNTY, TEXAS; PURSUANT TO THE TERMS STATED IN THE ATTACHED CCMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS AND ANNEXATION AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL DOCUMENTS NECESSARY TO EFFECT THE SETTLEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the settlement of litigation styled City of Denton, Texas v. Denton County Fresh Wwtr Supply District No, 1A and Denton County Fresh Water Supply District No. S; Cause No. 99-40159.362; pending In the 362nd District Court of the Denton County, Texas, Is hereby approved pursuant to the terms stated in the attached Compromise Settlement Agreement Release of Claims and Annexation Agreement. SECTION II: That the City Manager Is hereby authorized to execute the attached Settlement Agreement, Annexation Agreement, and all other documents necessary to effect settlement. The City Manager and the City Attorney are further authorized to take all other actions necessary to finalize the settlement and release of claims including to make any expenditures necessitated by the settlement. SECTION IM That this ordinance shall become effective Immediately up its passage and approval. PASSED AND APPROVED this the dayof 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WA LTERS, CITY SECRETARY r r'. BY: l APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CRY ATTORNEY 4 i 1 i I ..4 ? 1 1 ApM61 No...~3+5. AyMde It" ~ i~ AGENDA INFORMATION SHEET I AGENDA DATE: May 26, 1099 DEPARTMENT: City Manager's Office CWDCMIACM: Michael W. Jez, City Manager SUBJECT: Consider nominations/appointments to City Boards and Commissions, BACKGROUND: Pursuant to the Texas Local Government Code Chapter 143 Section 008, It Is the responsibility of the City Manager to make appointments to the C10 Service Commission. An appointment is necessary due to the expiration of the first term of Civil Service Commissioner Dennis Stephens. It Is my recommendation that Dennis Stephens be re-appolnied to a second three year term effective June 1, 1999 • May 31, 2002. OPTIONS: Confirmation of the appolntment. Respectfully 1:ubmilted, i AMK rAl V-V - f A L chael Je City Mon gar A~ .r G 1 • i r u i III I IF I CITY OF GENTON, 7EXA8 MEMORANDUM li To: Mayor and Members or the City Council From: Michael W. Jez, City Manager Date: June It 1999 I Subject: Civil Service Commission Appointment Each year In June, a CIA Service Commissioner comes up for appointment or re-appointment According to state law, they are appointed for 3 year staggered terms. Local policy Is for board members or commissioners to hold no more than three consecutive full terms. My recommendation for this year Is that Dennis Stephens be re-appointed to the Civil Service Commission for a second term, Dennis has been a dedicated and , valuable asset to this Comml slon. is ael Jez City Men ger i i I ~ "U,d~I,J le (~wlay .4rlkr" • i i I l~ i i i j END OF FILE i i v i~