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Minutes March 11, 1992134 CITY OF DENTON CITY COUNCIL MINUTES MARCH 11, 1992 The Council convened into the Special Call Session at 4:00 p.m. the Council Chambers. in PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Alexander, Chew, Perry, Smith and Trent. ABSENT: None 1. The Council held a public hearing and considered adoption of an ordinance with regards to the annexation and zoning of 23.059 acres located on Forrestridge Drive north of Ryan Road. (The Planning and Zoning Commission recommended adoption 5-0 at its meeting of February 26, 1992.) Frank Robbins, Executive Director for Planning, stated that this was the annexation petition for which ~here had been two previous public hearings. A preliminary plat to be developed as the Estates of Forrestridge had been approved by the Planning and Zoning Commission. Final plat was pending. This was the first reading or the institution of annexation proceedings. The Council would be voting on the annexation and the zoning of the property to SF-16. The Planning and Zoning Commission had recommended approval. The Mayor opened the public hearing. No one spoke in favor. Bill Schoen indicated that he was in limited opposition. He asked the Council to consider the options before passage. He stated that the Council had passed a resolution in 1989 regarding the dedication of land or fees in regards to park facilities. A developer of less than 500 homesites had to have a fee established. He asked the Council to consider that before giving an automatic approval. The streets in the area were a problem. The City had to take the developer to court over the streets in the past. He felt the track record of the developer was not good if the City had to take that developer to court in the past. Deed restrictions were not being adhered to and thus residents were able to receive a reduction in valuation of their homes from the Appraisal District. He felt the City would lose with an automatic approval. Dee Ludlam was concerned with the streets. She stated that she had had her valuation lowered which she felt would cause a concern to the City. Forrestridge I needed to have the streets completely redone. The Mayor closed the public hearing. Lloyd Harrell, City Manager, stated that in 1988-1989, the City went through an extensive study process regarding the advisability of enacting an amendment to the subdivision regulations which would City of Denton City Council Minutes March 11, 1992 Page 2 135 require developers to make a payment to the City for park purposes. Certain size of development would require land, less than that would require a fee which would be escrowed and used by the City to purchase property in the general vicinity of the neighborhood to serve the neighborhood for park purposes. The park dedication requirement was a requirement which many surrounding communities were enforcing. The Council, at that time, worked out an agreement which stated that rather than making the dedication for park purposes a mandatory requirement in the subdivision regulations, a resolution would be passed indicating the intent of the City in suggesting a standard which would be expected from developers as development occurred within the community. That was done at the urging of the developers in the sessions with a statement that a voluntary standard would be honored. They wanted to give that a chance before the City made any kind of mandatory requirement. The City indicated that it would monitor developments to see if park dedications were made. This was the second development since that period of time which would be triggered with the voluntary requirements. The first developer did not dedicate any park land. The current developer had not indicated at this point that voluntary dedication would be made. Forrestridge I, II and III were platted prior to the adoption of the resolution. Frank Robbins, Executive Director for Planning, stated that the developer had not indicated any park land dedicated unless the layout of the subdivision was dramatically changed. The City would be asking for a fee when the building permits came in. City Manger Harrell stated that these questions were relevant to the annexation but were dealt more with the platting and the enforcement of subdivision regulations. Rick Svehla, Deputy City Manager stated that street specifications would be addressed during platting. Section II was the area with the street problems and the contractor did not meet some of the City's requirements. The streets in the area were 16-17 years old. It was not uncommon for streets to begin to deteriorate in that time frame. Council Member Trent asked how to assure the quality of the streets as they were being constructed. Svehla replied that when the project was platted, the plans would be reviewed to ensure that they meet the City's specifications. As the streets were built, inspectors would be on-site. Council Member Trent stated that during the last two years, the number one and number two priorities of the Council had been street 136 City of Denton City Council Minutes March 11, 1992 Page 3 repairs. He welcomed residents to remind Council of the street needs. Council Member Alexander stated that there were issues raised which the Council needed to take into account. He asked if the requirements for street construction had been modified in the last few years. Svehla replied yes. Council Member Alexander stated that if there were not stiff and strict standards on street construction, then it would be difficult to keep up with repairs. He indicated that he had a problem with developers who did not follow deed restrictions. Council Member Perry asked if this was a preliminary stage of approval and would the item be brought back to Council at a later date. Robbin$ replied that the Council was currently considering the zoning and the annexation of the property. Another area was platting and development of the property. The Council would consider the ordinance for a final reading and consideration on April 21. The preliminary plat had been approved. The final plat was scheduled for the Planning and Zoning Commission on the 25th of March. There had been no final review of the construction plans. Council Member Perry asked how binding was the resolution regarding parks and fees on the City and the developer. City Manager Harrell replied that the resolution was an expression of intent which set forth the City Council's desires of what they would like to see developers do and set the standard. There was no mandatory provision within the resolution. Staff had been trying to voluntarily gain compliance as developers entered the process. There was no legal way, at this point in time, to extract that in a mandatory fashion. Council Member Smith asked for a clarification of what was required of the Council at this meeting. Robbins replied that this was the first reading of the annexation of 23 acres and the zoning of the property to SF-16. Council Member Smith asked if there was a preliminary plat at this time. Robbins replied no. 137 City of Denton City Council Minutes March 11, 1992 Page 4 Council Member Chew stated that the Planning and Zoning Commission would address the street and parks issues when the proposal came before them. Council Member Alexander asked that when the proposal came back to Council in April, would there be the availability of a public hearing at that time. Robbins replied yes. The following ordinance was considered: NO. --- (First Reading) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 23.059 ACRES OF LAND LOCATED ALONG FORRESTRIDGE DRIVE, NORTH OF RYAN ROAD; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; APPROVING ONE-FAMILY DWELLING (SF-16) DISTRICT ZONING CLASSIFICATION AND USE DESIGNATION FOR THE PROPERTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Trent motioned, Perry seconded to adopt the ordinance. On roll vote, Trent "aye", Alexander "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 4:40 p.m. F WA ,X .RS CITY ~O~ETAR~ CITY OF--DENTON, TEXAS BOB' CASTLEBERRY, CITY OF DENTON, ACC00052