2012-215FILE REFERENCE FORM 2012 215
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
First Amendment to Contract – Ordinance No. 2016-408 12/13/16 JR
Second Amendment approved by Purc
������ ��� hasing for a fair and
reasonable amount below the re uirement for Council A�proval _ 4/28/17 TJ
��m..�,r. � .. ......... ......_._ — _ ,..� ..,.... ,......_
Third Amendment to Contract – Ordinance No.2017-346 11/07/17 TJ
�..... ... �� � .................... ... .�........____ __._. ..�.�.. ......_..____ �..... _n. _�. _.�...�.
... ... ...... . ---- — ... „.._ _ -------- . .. �. ._._
%(+$1$%$1$-"$%.1,
2012215
AdditionalFileExists
AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct
Other
%(+$Ș2ș#§º«(´¯º¯§²¹
FirstAmendmenttoContractɋOrdinanceNo.201640812/13/16JR
ORDINANCE NO. 2012-215
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
APPROVAL OF AN AGREEMENT FOR PLANNING SERVICES BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND CLARION ASSOCIATES, LLC, DENVER,
COLOR.ADO; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; ANA
PROVIDING AN EFFECTIVE DATE (NOT-TO-EXCEED $150,000 FOR AGREEMENT
FOR PLANNING SERVICES).
WHEREAS, the City Council deems that it is in the public interest to engage the
planning firm of Clarion Associates, LLC ("Clarion"), Denver, Colorado, as a Consultant to
provide planning services for the evaluation of development review procedures and other
development code revisions for the City of Denton, Texas that are related to the Denton
Development Code; and �
WHEREAS, this procurement of planning services is exempt from the requirements of
the competitive bidding laws in accordance with Section 252.022(a)(4) of the Texas Local
Government Code; and
WHEREAS, City staff has reported to the City Council that there is a substantial need
for the above-referenced planning services, and that limited City staff cannot adequately
perform the specialized services and taslcs with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, generally provides that a
City may not select a provider of consulting services on the basis of cornpetitive bids, but
must select the provider on the basis of demonstrated competence, lcnowledge, and
qualiiications, and for a fair and reasonable price; NOW THEREFORE, ,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The preamble to this ordinance is incorporated herewith by reference as
a part of this ordinance.
SECTION 2: The City Manager is hereby authorized by the City Council to execute
a"Agreement for Planning Services" (the "Agreement") with Clarion Associates, LLC,
Denver, Colorado, as a consultant for planning services related to the Denton Development
Code, for a fee of not-to-exceed $150,000; in substantially the form of the "Agreement" that
is attached hereto as Exhibit "A" and incorporated herewith by reference.
SECTION 3: The award of this Agreement by the City is on the basis of the
demonstrated competence, lcnowledge, and qualifications of Clarion and the demonstrated
ability of Clarion to perform the services needed by the City for a fair and reasonable price.
SECTION 4: The expenditure of funds as provided in the attached Agreement is
hereby authorized.
1
SECTION 5: This ordinance shall become effective immediately upon its passage
and approval.
�/G
PASSED AND APPROVED this the � day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
f
By:
2
/� ' 1 %�1L..,'�
.. . � ..� � . �.
STATE OF TEXAS
COUNTY OF DENTON
PLANNING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF DENTON, TEXAS AND CLARION ASSOCIATES, LLC
THIS AGREEMENT is inade and entered into as of the ��� day of , 2012,
by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal
offices at 215 East McKinney Street, Denton, Texas 76201 (hereinafter "OWNER") and Clarion
Associates, LLC, a Limited Liability Corporation, with its offices at 621 17tli Street, Suite 2250,
Denver, Colorado 80293 (hereinafter "CONSULTANT"); the parties acting herein, by and through
their duly-authorized officers and representatives.
WITNESSETH, that in consideration of the covei�ants and agreements herein contained, the
parties hereto do mutually AGREE as follows:
ARTICLE I
ENGAGEMENT OF PLANNING FIRM
This Agreement is for the purpose of retaining CONSULTANT to perform planning services
as a consultant for the City of Denton, Texas. CONSULTANT hereby agrees to perform the
services herein in connection with the Project as stated in the Articles to follow, with diligence and
in accordance with the standards customarily obtained for such services in the State of Texas. The
services set forth herein are in connection with the following:
Planning services incident to the Evaluation of Development Review Procedures and Other
Development Code Revisions regarding the Denton Development Code (hereafter the
"Project").
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services:
A. To perfonn all those services and tasks as are set forth in CONSULTANT'S "Scope of Work
— Evaluation of Developinent Review Procedures and Other Development Code revisions"
issued by CONSULTANT August 3, 2012 and provided to Howard Martin, Assistant City
Manager of the City of Denton, Texas, which proposal is attached hereto and incorporated
herewith by reference as E�ibit "A."
B. If there is any conflict between the terms of this Agreement and the Exhibits attached to this
Agreement, the specific terms and conditions of the Scope of Work shall control over the
general terms and conditions of this Agreement.
1
ARTICLE III
PERIOD OF SERVICE
This Agreement shall becoine effective upon execution by the OWNER and the
CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and sha11 remain in
force for the period that may reasonably be required for the completion of the Project, and any
required extensions approved by the OWNER; or until the monetary consideration expressed herein
is wholly e�austed, whichever event shall first occur. This Agreement may be sooner ternunated
in accordance with the provisions hereof. Time is of the essence in this Agreement. The
CONSULTANT shall make all reasonable efforts to complete the services set forth herein as
expediently as possible and to meet the schedules established by the OWNER, acting through its
Assistant City Manager of Utilities or his designee.
ARTICLE N
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense, based upon acival cost, for any
expense reasonably incurred by the CONSULTANT in the performance of this Agreement
and other incidental reasonable expenses incurred in connection with the Project. Provided
however, any reasonable sub-consultant billings reasonably incurred by CONSULTANT in
connection with the Project shall be invoiced to OWNER at those billings cost plus up to an
additional ten (10%) percent.
B. BILLING AND PAYMENT:
For and in consideration of the professional services and related expenses to be performed by
the CONSULTANT herein, the OWNER agrees to pay CONSULTANT based upon the rates
set forth in E�ibit "B" which is attached hereto a11d incorporated by reference herewith; a
total fee, not-to-exceed $150,000.
Partial payments to the CONSULTANT will be inade on the basis of detailed monthly
statements rendered to and approved by the OWNER through its Assistant City Manager of
Utilities (hereafter the "ACMU") or his designee; however, under no circumstances shall any
inonthly statement for services exceed the value of the work perfonned at the time a
statement is rendered.
Nothing contained in this Article shall require the OWNER to pay for any work which is
unsatisfactory as reasonably determined by the ACMCT, or which is not submitted to the
OWNER in compliance with the terms of this Agreement. The OWNER shall not be
required to inake any payinents to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments by
the OWNER for any charge, expense or reimbursement above the maximum not to exceed
F
fee as stated hereinabove.
C. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for services and expenses
within thirty (30) days after receipt of the CONSULTANT'S undisputed statement thereof,
the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per
month from the said thirtieth (30th) day, and in addition, the CONSULTANT may, after
giving ten (10) days' written notice to the OWNER, suspend services under this Agreement
until the CONSULTANT has been paid in full for all amounts then due and owing, and not
disputed by OWNER for services, expenses and charges. Provided, however, nothing herein
shall require the OWNER to pay the late charge of one percent (1%) per month as set forth
herein, if the OWNER reasonably determines within fifteen (15) days subsequent to the
receipt of a billing invoice of CONSULTANT, with such notice provided to CONSULTANT
within that time period, that the work is unsatisfactory, in accordance with Article IV of this
Agreement.
ARTICLE V
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 of its subcontractors or subconsultants.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants, if any) 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 the Agreement in another project or for other purposes than specified herein any
of the information or materials developed pursuant to this agreement, CONSULTANT is released
from any and all liability relating to their use in that project. Nothing in this paragraph shall be
construed to liinit CONSULTANT' S ability to use documents prepared pursuant to this Agreement
for marketing or promotional purposes.
ARTICLE VII
1NDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as an
employee of the OWNER. CONSULTANT shall not l�ave or claim any right arising from
employee status.
ARTICLE VIII
INDEMNITY AGREEMENT
3
The CONSULTANT shall indemnify and save and hold harmless the OWNER and its
officials, officers, agents, attorneys 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 the negligent acts or omissions of the
CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE IX
1NSURANCE
During the performance of the Services under this Agreement, CONSULTANT shall
inaintain the following insurance with an insurance coinpany licensed to do business in the State of
Texas by the State Insurance Commission or any successor agency, that has a rating with A. M.
Best Rate Carriers of at least an "A-" or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident and with property damage limits for not
less than $100,000 for each accident.
C. Worker's Compensation Insurance (if applicable) in accordance with statutory requirements
and Employer's Liability Insurance with limits of not less than $100,000 for each accident.
D. Errors and Omissions Insurance with lunits of not less than $1,000,000 annual aggregate.
E. CONSULTANT shall furnish insurance certificates or insurance policies to the Purchasing
Agent of OWNER to evidence such required coverage within fifteen (15) days of the date of
approval of this Agreement. The insurance policies shall name the OWNER as an additional
insured on all such policies to the extent legally possible (save and except the coverage
described in Subparagraph C. and D. of this Article), and all of such policies shall contain a
provision that such insurance shall not be cancelled 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 of coverage, deliver copies of any
such substitute policies furnishing at least the same policy limits and coverage to OWNER.
0
ARTICLE X
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 arising out of or relating to, this Agreement involving one parly's
disagreement may include the other party to the disagreement without the other's approval.
ARTICLE XI
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by providing thirty-(30) day's advance written notice to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination will
be effected unless the other pas-ty is given (1) written notice (delivered by certified mail,
return receipt requested) of intent to terminate and setting forth the reasons specifying the
nonperformance or other reason(s), and not less than (30) calendar days to cure the failure;
and (2) an opportunity for consultation with the tern�inating party prior to tennination.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
CONSULTANT shall immediately cease all services and shall render a final bill for services
to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay
CONSULTANT for all services properly rendered and satisfactorily performed, and for
reimbursable expenses prior to notice of termination being received by CONSULTANT, in
accordance with Article IV of this Agreement. Should the OWNER subsequently contract
with a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information to the OWNER and the new consultant. The
CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT
pursuant to this Agreement to the OWNER on or before the date of termination but may
maintain copies of such documents for its files. CONSULTANT agrees that it shall also fully
comply with any and all written requests received from the OWNER, through its ACMU, to
maintain confidentiality respecting certain designated records, documents, and other written
materials related to the Project, which the OWNER reasonably determines is competitively
sensitive, and would likely cause dainage to the OWNER if disclosed to the public or to any
other person, party, or entity.
ARTICLE XII
RESPONSIBII,ITY FOR CLAIMS AND LIABILITIES
Approval of the work by the OWNER shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors,
and sub-consultants for the accuracy and competency of their work performed pursuant to this
Agreement.
5
ARTICLE XIII
NOTICES
All notices, communications, and reports required or pennitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
at the addresses shown below, by means of U. S. Mail, postage prepaid, certified mail, return
receipt requested, unless otherwise specified herein.
To CONSULTANT:
To OWNER:
City of Denton, Texas
Clarion Associates, LLC Attn: City Manager
621 17�' Street, Suite 2250 Denton City Hall
Denver, Colorado 80293
Attn: Matt Goebel 215 East McKinney Street
Denton, Texas 76201
Telephone: (940) 349-8407
and
City of Denton, Texas
Attn: Assistant City Manager - Utilities
Howard Martin, ACM
215 East McKiiuiey Street
Denton, Texas 76201
Telephone: (940) 349-8230
All notices under this Agreement shall be effective upon their actual receipt by the party to
whom such notice is given.
ARTICLE XIV
ENTIlZE AGREEMENT
This Agreement, consisting of ten (10) pages and two (2) exhibits, constitute the complete
and final expression of the Agreeinent of the parties and is intended as a complete and exclusive
statement of the terms of their agreements, and supersedes all prior conteinporaneous offers,
proinises, representations, negotiations, discussions, communications understandings, and
agreements which may have been made u1 connection with the subject matter of this Agreement.
ARTICLE XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement,
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement, to the extent reasonably possible, to replace such stricken provision with a
valid and enforceable provision which comes as close as possible to expressing the original
uitentions of the parties respecting any such stricken provision.
ARTICLE XVI
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work performed by CONSULTANT hereunder, as they rnay now read
or as they may hereafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestty, age, or
physical handicap.
ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own expense all personnel
required to perfonn all the services required under this Agreement. Such personnel shall not
be employees or officers of, nor have any contractual relations with the OWNER.
CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of
interest that inay arise during the term of this Agreement.
B. All services required hereunder will be performed by the CONSULTANT or under its direct
supervision. All personnel engaged in perfornung the work provided for in this Agreement,
sha11 be qualified, and shall be authorized and pennitted under state and local laws to perform
such services.
ARTICLE XIX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreeinent and shall not transfer any
interest in tlus Agreement (whether by assignment, novation or otherwise) without the prior written
consent of the OWNER. . CONSULTANT shall promptly notify OWNER, in writing, of any
change of its name as well as of any material change in its corporate structure, its location, and/or
its operations.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith.
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, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of tlus Article will not be waived unless as herein set
forth.
ARTICLE XXI
MISCELLANEOUS
A. The following E�ibit is attached to and made a part of this Agreement:
E�ibit "A" --- CONSULTANT'S "Scope of Work" dated August 3, 2012
B. The City shall have the right to audit and make copies of the books, records and
computations pertaining to this agreement. The Contractor shall retain such books, records,
docuinents and other evidence pertaining to this agreement during the contract period and five
years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which
case records shall be kept until all audit tasks are completed and resolved. These books, records,
documents and other evidence shall be available, within 10 business days of written request.
Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees
to retain all books, records, documents and other evidence pertaining to this agreeinent, and to
allow the City similar access to those documents. All books and records will be made available
within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City
unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater
occurs, the reasonable cost of the audit, including any travel costs, must be borne by the
Company which must be payable within five business days of receipt of an invoice.
Failure to comply with the provisions of this section shall be a inaterial breach of this
contract and shall constitute, in the OWNER'S discretion, grounds for termination thereof. Each
of the terms "books", "records", "documents" and "other evidence", as used above, shall be
construed to include drafts and electronic files, even if such drafts or electronic files are
subsequently used to generate or prepare a final printed document.
C. Venue of any suit or cause of action under this Agreement sha11 lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas.
D. For the purpose of this Agreement, the key person who will serve as Project Manager
respecting this engagement shall be Matt Goebel, Vice President of CONSiJLTANT. Mr.
Goebel of CONSULTANT shall also be a point-of-contact for OWNER. However, nothing
herein shall limit CONSULTANT from using other qualified and competent consultants and
adininistrative support personnel of their finn to perform the services required herein.
E. CONSLTLTANT shall commence, carry on, and complete its work on the Project with all
applicable dispatch, and in a sound, economical, efficient inanner, and in accordance with the
provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other data
1
relative to the Project and arranging for the access to, and make all provisions for the
CONSULTANT to enter in or upon, public and private properly as required for the
CONSULTANT to perform consulting services under this Agreement.
G. The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreeinent in four
(4) original counterparts, by and tl�rough its duly-authorized officials; and CONSULTANT ha�
executed this Agree ent by and through its duly-authorized undersigned officer, on this the //�
day of , 2012.
"OWNER"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: =� -----
GEOR E C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIF'ER WALTERS, CITY SECRETARY
�
By:
APP VED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
ATTEST:
0
"CONSULTANT"
CLARION ASSOCIATES, LLC
A L' it d Liability Corporation
By:
MATT GOEBEL
VICE PRESIDENT
C
10
EXHIBIT A
�; in �.�,�; ; �,,-��,�
� � �' i �k I �� ,
(�ur• proposed scope of work consists �fthe following taslcs:
Fhase 1; F'r•�ject �nitiatian, Background 1Zevie�r, and Inierviedvs
Phase 2; Development Code Update
o Task 2.1: Evaluation af the Development �tevier� Process
o Task 2.2: Review of i�raft Regulations to Implement the Downtown
Implementation Plan (DTIY), anci Preparation of Addiiional Infill and
Redevelapment Standards ,
o Task 2.3: Cleanup, Reorgani�ation, and Reformatting of the I?eveloprnent
Code
� Phase 3: Training and 'Bducatiran
Phase 1 is designed to serve as a kick-off for the entire pro7ect and allow us to collect
background inforanation for all of the following tasks, (In other wards, tive would
schedule one set of interviev��s and ask questions about inultipie topics — process, in�'ill,
etc,) Pllase 2 includes three code update tasics that are designed ta be accarnplished
independentiy. Phase 3 4vould be undei�taken at the end oithe project and dvould provide
an educltional overview of the entire code and developrnent review prUCess, including
the updates comple�ted in 1'hase 2.
Because the draf't scope includes a variety of relatively discrete tasks, there are various
ways in which fhe work plan and scliedule may be organized. The eity may choose to
undertake some or all of these tasks and may re-arrange t1�e arder of completian as
desired. In particular, thaugh the Phase 2 tasks are written in this dr•a$ io be completed
independei�tly and sequentially, we could achieve sonie economies of scale (both budget
and sclledule) if multipla tasks are undertaken simultaneously. For example, if we
undertake Task 2.1 (process review) and Task 2.2 (DTIP standards} simultaneously, we
may Ue able to prepare ane policy memo that addresses both sets of issues (versus two),
and one set of draft code revisions {versus two},
Anotlier option wouId be to move Task 2,3 (code cleanup and rearganizatiari) to the first
step in the pi•oject, to provide a better initrai foundation that would give code users a
better understanding of the cu��rent regulatians (minus the redundancies and
inconsistencies we understand exist) before making additional substantive edits to
address procedures, infill siandards, and other fopics,
We are flexible on all aspects of th�s warl� plan and look farwai°d to talking with city staff
f'urther to fine-tune this draft and develop a scope that meets the city's needs.
;,, . ;� . �-
I'or discussion purposes, this scope i�icludes the creation of a Zoning Advisory
Committee far ihis project, The appaintment of an advisory committee by the city, made
up of representatives i"rom a variaty of intebest groups, including the 1'lanning and Zoning
Commission and development and neighborhoad interest graups, can be an efficient way
to ensure a d�iversity of input while minimizing praject costs. The advisory committee,
� �, � ; DenCon, Texas page 1
which typrcally contains appraxrmately 10 to 12 members, can serve as an inrtial
sounding board, pr�viding input throughaut the project. In most of aur code prajects, Yhe
cc�nsultant team xneets vvith th� ZAC during each of the incremental tasks of the update
project (fl,e., upon the completion of various milestone proclucts}. If passible, we try to
schedule these meeiings early an the same day that we are scheduleci to preser�t a c3raft to
city officials so that we can incorparate �he Z�C feedback �nto the public presentation.
i�Jorking with a�AC zs our preferred p�ablic participatian approach far �nost full code
rewY•ite prajects. �Ic�wever, we recog�ize tl�at the Denton project will not be a fu4l-scale
rewrite. It snay be necessary to work with different groups of stakeholdars an different
issues; for exarnp(e, one sat of stakeholders rriay be necessary to review procedural
inzUrovements, versus another to review draft iniill standards.
We look forward to working with staff to determine if an advisaiy committee mal�es
sense for this pro�ect, and if so wlaether one group or mtiltiple grou�s would be
apprapriate.
' x�.� .
Ta ensure apen lines of communieation regarding this project, as we work with staff to
creaie filie �i•oject calendar, we will schedule a series of regular meetings with the
Planning and Z,oning Coznmission and Ciiy �ouncil to provide project status updates.
We will schedule these updates to coincide wrth othei° scheduled trips to the extent
possible, and alsa will add in supplemental budget for additional meetings as necessary.
IVtost of fhe praject status updates will be provided as part of reviewing the project
reports or draft regulatory langaage identified in this scope. During phases c�f the project
wherc we are drafting �roject materials or staff is reviewing those tnaterials, we will
provide the Platming and Zoning Commissian and C:ity �ouncil wifh a brief summary of
the documents that are being prepared or reviewed and an anticipated timeframe far
completioti.
� � , .; .;•� �� . �
We understand that the Cify is in the process of updating the comprehensive plan in
conjunction with Wallace Roberts & Todd (WRT). We �vill work with both staff and
WRT to ensure that the cade revisions are coordinated with the comprehensive plan
wark.
� � � ' Denton, Texas page 2
� � t /,ek � � � � � ,� � ,1��' M` i ' � ' � � '�; ,;� : a�' , '�i
�, � �
� I� �,,�
I i� � '�
?�s a�irst step in preparing foa° the drafting arnd code reorganization taslcs that follow,
C;Iarion Assaciates will review in greater detaal the follo�wing dacurnents:
�� City of I�enian Develc�pment �ode;
� i�raft updates �o the developmemt code;
� The l�enion Plan 1999-2020;
� Denton Downto�vn Implementation Plan;
� Zoning map(s);
� City of I7enton T�°a�sportation t�esig�n Criteria Manual;
� Organization Rcview of ihe Planning & I�evelopment Depar�ment;
�`� Administrative rules;
�� F_,xamplcs of approved development permits, specific permii atse appravals, and
variances;
� Applzcation Criteria Nlanual9
� DRC Review Timeline; anci
�(�iher relevant plans, ardinances, and policies as identified by the city.
Many of these materials have already been forwarded to us and we will work with staff to
collect the remaining documentso As background, we will analyzc and compare the plan
policies with the cutrent zoning and subdivision langu�ge, map, and regulaiory structure
to identify key issues and oppotrtunities in the ordinance update project. This i•eview will
draw on Clarian's Texas and national experience, as well as staff input, on ways in which
other jurisdictions address and solve issues that need to be addressed in the Denton
development code update project. This background review will form the basis for the
initial meetings descP•ibed below,
. , �, ,
Clarion wiil meet with city planning staff and other city officials to discuss averall
project goals and to #inalize t11� projeci work plan. We will discuss aommunication
protocols, ihe foi7nat of project deliverables, and confirm the project schedule. Get-
acquainted meetings will be held with the elected and appa'rnted officials (as well as ihe
project advisory committee, if one is appointed). We will also toua° the city with the
planiung staff ta see first-hand how key substantive issues are playing out in practice.
� .;
Following the initial project meetings and on the same trip, Clarian wili oversee an
intensive 'rnitial discussian of the code update issues addressed by this project with city
staff, ihe �ity CoLincil, Planning and Zoning Camtnission, anri other officials. With
staff's guidance, the consultant team alsa will interview key players in the development
process (e.ga, developers, business owners, n�ighborhood group repc•esentatives,
develapment professionals such as engineers and planners) in small groups ar ane-on-one
to get iheir views on the same iopics. These discussions and review will give us � clear
understanding of haw th� existing eode works (and doesn't �vorlt) �n px�actice, and }qelp ta
� � I Denton, Texas page 3
identify key issues and practical problems that need to be addressed in the speciiic c�de
update tasks. The intervie�vs will f�cus in particwlar on �h� development review process,
opportunities to stc°eainlin� oz� simplify the process, opportunities tv imprave the clar•ity
ancl/or the consrstent administration of the cc7de, and passible new standards foz° infill and
redevelapment,
We will aflso develop a shart, web-based questionnaire to collect feedback fr�m k�y staf�
in other departments and othcr public stal4ehoiders to assisf in producing a metFiadical
analysis and z°ecord of strengihs and wealcnesses of the exis4ing code or� the topics
adcfressed in this project.
� � � Den�on, Texas Pa9� �
,, .� �; � , , , � � , r
; �,;,�.
�,,�
� �.
f►. � r �r ► i ,� �, », � fi` . � � ;�
'The purpose of Task 2.1 will be to conduci an outside review of the �ity of L�entan
developme�it review procedur�s, focusing �n particu9ar on opporturiities to streamline the
Development Code ��o maximize e�'ficieni use of st�ff reso�raes and tc� ens�are that
develap�meni ap�licatians �omplianf with city staiic��'ds are revaewed and approv�d as
quzcicly and ef�ciently as possible. 'The task will begir� with preparation of an assessment
report, followed by the dc°afting of specific code amendments.
I� �. -�� �
Based on information gathered dtiring Phase 1, our team will prepare a fargeted analysis
of the developm�nt review procedures in thc Develapment Code and the city's actual
review pracess. The scope of our review and assessment will include all city de�artments
as they functian specifically in the administraiion and enforcement of the Development
Code, This analysis will focus on the strengths and weaknesses of the current code,
including;
� Oppo��ttrnities to streamline the �eview process;
� Areas of consistency ar�d inconsistency be�ween existing city policies and
programs and current regulations and practices; and
� Ways to make the review procedures clearer, more understandable, and more
user-friendly.
For each of the e;�isting procedures (re2oning, special exception, ADP, lacal permit, etc.),
we will work with staff to determine if the procedure:
� IVleets relevant city gaals, objectives, and policies?
� Works (for aif of the parties involved), needs to be revised, needs to be replaced,
or needs to be eliminatedi
�° Is efficient, or could be streamlined or carnbined with anofher procedure?
� Is balanced betwaen the obligaiions placed on the applicant and the
responsibilities placed on the stafil arrd
� Meets the requii•ements af Texas law.
T'he �lssessment Repart will present options and, in same cases, �Iternative techniques for
addressing these issues taken frorr� our work in other jurisdictions (in 'i'exas and
elsewhere) and additional best practices research.
Along with policy recommendations, Clarion wiil draft an ann�tated c�utline oi
z•ecommended revisions to the Development Code, The purpose of the outline will be to
allow staif, ZA�, Planning and Zoning Gom�nissian, elected officia�s, and the public an
opportunity tm r�view the overall structure of tlae propased revisions before tl�e �ctual
dra�tzng begins. The otailrne will sei out the propas�d structure of the code amendments,
providing commentary e�plaining the purpose and scope of each new op• amended
provision.
� � � ( Denton, 'i'exas page 5
We believe this Assessment Report siep is cr�ti�ai because it heips establish a structure
fax tk�e prapasec� regulato]y amendtr�ents ihat meets c'riy objectives, clarifies how �Id and
r�e�r sectzons will work as a whole, �nd provides an early opportunity to make cor°rections
c�r sliggest other approaches befor� significant time and resources are spent on actual
drafting of'�he targeted code amendm�ntsa
The first clraft of the �lssessment Repari (approx. 15-20 pages) �vill ba for internal staff'
review only, That rev�ew ailovas staff tirrie to provide the consultant team wiih
substantive fe�dback and identify any facival errors or tnaj�r issuas that should be
adjusted in the docuflnent prior to public fl�eview,
X �+ ` r'
We will schedule a conference call with staff to discuss the document and receive
feedback. Then, after we receive one round of consolidated written comments from city
staff and revise the staff draft, a public draft wiil be released. We will convetie meetings
with fhe project advisat•y commiitee (if �ne is appointed), Planning and Zoning
Commissian, and City Council to discuss the repori and receive cornments. Th� generaC
abjective of these meetrngs will be to gain consensus on the general scape and parameters
of the issuas to be addressed in ihe procedural code amendmenYs. Itg our experience,
obtaining early cansensus on issues contained in the Assessment Repart is a crucial step
toward ensuring that the remaindel• af the process proceeds smoothly and effectively,
r"'r���-♦ ±ra- . ,, � _, r. _ �.,,.
�ased an the feedback received on the Assessment Report, Clarion will prepare draft
amendments to the Development Code ta implement the changes discussed, streamlining
and simplifying procedures as appropriate to ensure that they work as effectively as
possible for both the city and development applicants,
We will a�eview and revise (as necessary) all of the procedures in Subchapter 3
(Procedures}, including plan amendment, zoning amendment, and fhe various permit and
relief procedures, We will also locate and update pracedures fi�om other sections of the
code, including speeific use perrr�its in� Subchapter 6(S�ecific Uses), site review in
Subcliapter 13 (Site Design Standards}, �nd subdivision review in Subchapter 16
(Subdivisians). All af �he procedures will be eonsolidated in:to a single section and
forw�rded to the city for staff review. If we recommend changing aspects of a procedure
to confoz•m io Texas law, we will note these change's for the legal department,
f► �u, '�'�rw �. ���- � � � � �" ��,� ��,,
Fallowing recei�t of a single set of written comments from staff, we will schedule a
cor�ferenca call to re�iew the draf�. Clariori Associates will then prepare a�evised draft
of ihe caa�solidated procedural regulations that incorporates changes, comments, and edits
received an tk�e staff review draft. We will then �neei with and present ihe draft
pr�cedural regul�tions to the Planr�ing and Zaning Cotnmission, anci City Cout�cil (as
well as the advisory committee if one is appointed) for consideration and comment.
� ; Denton, Texas � page 6
2.Zo evl�vv Dr�f� ���ul�tz4ns �c� Ir�aplerr���t th� �"TIP and Pr�par�
ee� �nfill Siandards (�iIP �rr��nd��n�s)
City staff has been xn the process of drafling and revising zoning regulations fo
impletnent the Downtown Impleinentation ]?lan. This includes changes ta the parking
and sign standards, along with the p�•eparation of form-based district regulations that will
be applicable in fhe downiown. In this task, Clarion will review and suggest additional
amendments as necessary to tfie draft parking, sign, and form-based provisions ta ensure
that ihey support the DTI� and callectively address fhe policies set foi�th in the dowzitown
plan, In addition to these changes, we often find that it is imp�rtant to incorpoY•ate new
standards that address inf°tll and redevelopment when a commurriiy makes code changes
that are designed to create a more compact and connected development pattern. This is
�ecause when development moves to a more urban scale that is pedestrian-�riented,
existing standards that separate buildings and uses frequently ca•eate a ban�ier to project
development. In conjuncti�n with the changes proposed by staff to tlle parking, sign, and
zone distrlcts, Clarion will draft standards and policies that recognize the need to allow
flexibil'rty for infill development and redevelopment in both �he DTIP area and
surrotiinding neighborhoods in terms of bath design and developinent staxYdards and
review pracedures. These standa��ds may address topics such as:
� Screening and buffering;
� I'lexible di�nenszonal standards for lots anci setbacks;
� Conte:�tual site design requirements;
� Building height tra�nsitions;
� Tree preservaYian;
� F�istoric distri�ts; and
� � I Denton, Texas page 7
� Reduced parking requirements,
When all o�'the standards have been �•evievved and/or drafied, we wflll identify necessary
chan�e ar cross-references t@�at we recommend. be made in o�her sections of the
I�evelopiner�t Cc�de ta fully incorpc,raie the nevv and revised regulations and assess tiow
the pa°opased DTIF Arnendments �ill work with any code arz�endments propased
elsewhere in this workplan.
� , e� ��� �-�.��;�.
As with other elemer�ts of tivs scope of work, the develo�ment af T�TII' f�mendtYaents
�r✓ill begin, fc�Ilowing the Pfl�ase 1 interviews, �viih development of a brief Assessment
Report (approx. five to seven pages) to identify proposed polxcy changes and to suggast
alternative approaohes for amending ihe cod�, We will schedule a call witl� sta�ff to
present the repar-t to officials and to staff to receive feedback and to receive direction on
the pr•oposed amendtr�ents. (We do not believe separate staff and �ublic versions are
necessary f'or this report, but would be happy to fold those into the scope upon request.}
� �u. ' rr� ^■ a►�� * . - �
I3ased on the feedback received on the Assessment Report, Clarion w�ll prepare draft
I7TIP Amendments (in the form of amendments to the Development Code) to implement
the changes discussed in the repoi�t. The first set of code amendments will be prepared
for staff r•eview. All amendments will be p��epa��ed in "track-changes" farrs�at to allow a
clear comparison between cun•ent regulations and proposed changes.
.�.� -. rr- r - . - ��� • *- �
Following receipt af a single set of wi�itten comments from staff, we will schadule a
conference call to review the draft. Clat•ion Associates �rill then prepare an additional
di°aft of the cade amendments incorporates changes, comments, and edits received on the
first draft. �Je wiTl then meet wiih and preseni the draft procedural regulations to the
Planning and Zaning Commission, and City Council (as well as the advisory commiftee if
one is appointed) for cansideration and comment,
� � Q j Denton, Texas Pa9e 8
2a3� �l�anupq �eorga�i������, �nd �t�f�r��t���� �f th� ��v�l�prr���i
��d�
In Task 2.3, Cl�riatl will work with staff to improve ihe user-friendliness of the
I�evelopinent Code and ensure consistent code administration and enforcement. This wzll
involve iiot only non-substantive impravements to the code's organization and fox�mat,
but also a substantive review of potential overlap andlor inconsistencies between the
Develapment �ode and other city regulatians,
We understand fhat a variety of tecl�nical issues exist regarding the code's adaption in
2Q02 and its relationship to the pi•ior a�egulations. While the consolidated I7evelapment
Code caaried forward similar or slightly modified ver�sions of many existing code
provisions (especially from Articles 34 and 35), the prio�� versians of those provisions
were nat repealed when the DDC was adopted, and in many cases still remain on the
books as valid city law. In some cases, �ve understand that the old and new versi�ns of
similat• provisions are inconsistent. There is general language that tlie sii�icter of the two
provisions contc•ols in cases of conflict, but this approach is insufficien2 and city staff
must regularly determine which regulations apply to pat�ticular circumstances on a case-
by-case basis, We heard detailed e:camples of these types of inconsistencies, in areas
such as the floodplain regulations, downtown use standards, and security assnrances for
the construction of public improveinenis, among others. The situation Ieads generally io
the possibility of inconsistent interpretations and contributes to a percepti�n of
uncei-�ainty and unpredicfabiliiy behind the Dentan development review process,
We also heard other exampies of issties to address and reconcile, such as:
� Tnternal inc+�nsistencies wifhin fhe DDC and elsewhere in the city cade (e.g.,
vested xights pravisions); and
� Nonconfarming tase, special eYCeption, and local permit provisions adopted at the
time ofthe DI�C adoption thaf have proven unworkable in some circumstances.
T3ze city's code publisher, Municode, has prepared memoranda that identify dozens of
instances where s�ibstantive code cleanup is necessary in order to address these types of
cancerns, Staff has indicated that they believe ther•e are numerous problems beyond
ihose identified in the Municode cnerrios,
The cade update project must detergn�ne a strategy ta �°econcile ihe I3L7C with i°elated
px°ovisions in Articles 34 and 35 and various othei• scatEered pravisians elsewhere in the
city code. Tiae city's regulations for a certain tapic must be clearly stated in one location,
not in mtzltiple locations. 'I'he work progt�atri will require v✓orking with ciY�y legal staff
� � A � Denton, Texas page 9
and gaing thraugh the IJenton I)evelopmel�t Code section by section, in deta°rl, io identify
areas af concern artd potential inconsistencres with other parts of the city code.
Beyond addressing these substantive cleanup issu�s, thei°e are other apportunities �o
i�npt°ave the user-frflendfliness of the develapmeni codea �otent'raI solutions to these issues
rnay �nclude:
� Cansolidating into individual seciions all pracedures, zon�ng district/use
provisions, and substantive regulations.
� Reviewing past code interpretations for relevancy and possible inclusion in the
code;
� Increasing the number of summary tables, flow charts, and illustratrons to make
the code more user-friendly;
� Improving quick-refcrence taals such as the index and deiinitions; and
� Preparing an extei°nal Adminlstrative Ivtanual for routine requirements, lrsts, and
fees. �
In many of our cocie update projects, this code cleanup aild reorgan�zation task is
straightforward and relatively noncantroversial, and so public involvement and
stakeholder review is relatively minimal. However, in this case, we believe that the
reconciliation of the patentially conflicting versions af old and new regulations may be
complex and will in many cases require disctrssion to articulate current city policy. Thus,
we recommend going ti�rough an assessment report pracess iirs�, before actually
implementing the cl�anges tFu'ough code amer�dments.
� r-rr�� 1
Similar to the Assessment Repart discussed foy Task 2.1 (the evaluation of the
development review procedures}, we recommend that this code cleanup task begin tuith
the draftir�g of a detailed assessment repart that goes through the Denton Development
Code section 6y section and identifies in detail Clarion's recommendations for
reconciling the types af issues ident'rfied above.
This assessment report also should involve working with staff to identify an impra�ved
organizational structure for the xevised code. The purposes of the organizational
structure are fo: 1) eliminate repetition (as much as passible), 2) group similar �rovisions,
and 3) rnake content easy for the publgc and ather users to locate. We anticipate that the
new structure will include at least the following sections.
°-� 10 Geixea°�l Pro-��sions - Scape/applicability, authority, severability, relationship
to other ordinances;
� 2. Zon� l3is�r�ets - listing af all zone dlstricis, allowable uses, and special district
regulatiot�s
� 3. iJse �i.��;ul��ior�� — table of permitted uses, standards for special permit ttses,
accessory uses, temporaty uses;
�� 4e �llnae�si�nal ��aaadards ar�� IV��asure�eents - height, setback, and other
similar standal°ds; ruies of ineasurement9
� � � ( Denton, Texas page 10
�� 5. L7�velopcnent S��nd����3� - all substantive standards sucla as laridscapflng,
parking, environmenfally sensi�ive areas, site des�gn, signs, gas well drilling and
production;
� fs. S�bd�vxsfa� S���c��r�6s - standards and requirements relating to subdivisions,
not including procedures
�'ie �.�vi�rv Aa�thori�n�s — summary of who makes d�cisions, scope of powers of
{ndividual deczsic�n-making bodies (e.g., p1al�szing and zoning commission, board
oi adjustment)9
�� �, �evi�vv Pr°oc�d��°�s - procedures for each type of review or permit, such as
rezonings, s�abdivisions, special exceptions, and variances, with summary table
and flow charts;
� 9, 1�c�ncon�'o►�rrAi#ies - provisions relating to nonconformxng uses, structures, and
lotsy
'� 10. Er�forcemeni �nd �e�zalties
��• � k„� _ ��' � � �
Similar to Task 2.2, we will first pt•epare a staff review drafi of the Y�eport. Following
staff ravi�w and submission t� Clarion of a single s�t of cornn�ents an� edits, we will
schedule a conference call to review the proposed changes,
• '� � " ,r�; M�
Clarion Assocxates will then prepare a revised draft oi the Assessinent Report code that
incorporates changes, comments, and edits received an the first draft. We will meet with
the city and present the draft report to of%cials and ather stakeholders identified by staft
far consideration and commcnt.
�r�� -+ �«- + t '- 1��
Based on tl�e feedback received on the Assessnlent Repot�t, Clarion will prepare draft
amendmenfs to the Development C:ode to implement the changes discussed in the repai�t.
The �rst set� of code amendments will be prepared far staff review. All a�nendments will
be prepal�ed in "traak-changes" format to allow a clear comparison between current
regulations and pi•apased changes.
�' ��. ��+��a�� _� ��� t � � �� ,�.. � �1 .
I'ollowing receipt of a single set of written comments from staf'f, we will schedule a
conference call to review the draft. Clarion Associates will then prepare an additional
draft of the code amendments that incorporates changes, comments, and edits received on
the first draft, We will then meet with and present the draft procedural regulations to the
I'lanning and Zoning Comm�ssion, and City Council (as well as tla� advzsory committee if
one is appointed) for consideration �nd cotnment.
� � _ � � Oenton, Texas page 11
, �
� _ , , �.. �
, ., � 1 : � . �; ,� , ; � , �
Follawing up on the completion of the code update tasks, Clarion will prepare a set of
maierials ta educate community leaders and the public about the general Denton
development review proeess, and how the city processes and approves applicatians for
development. The most appropriate format for the materials will require discussic�n with
stafF, but we anticipate creation of one or rriore PowerPoint presentations and also a brief
(appt•oYimately 10 to 15 pages) "user's guide to the code.
After develapznent af the training materials, Clarion wili facilitate conciuct a half-day
training session with staff and elected and appoinYed officials to preseni the training
materials. The intent will be to familiarize attendees with the major changes in
procedures and substaniive standards ernbodieci in the code. At the end af the session,
partici�ants should understaisd:
� Th� organization of the development cofle and the conterits of each chapter;
� What the changes are fi•am the "old" code and why they were changed;
�� How to relate the new code to The Denton Plan and the I�owntown
Implemeni�tion 3'lan; and
� IVlajor changes to the adminisirative and procedural sectiou of the eode alozlg
with the timeline for administrative processes.
Following the training session, Claa�ion will be available for additional training sessions
on a time-and-e:�penses basis, and the staff also will be abl� to present ihe materials
directly �vithout Clarian.
� � j Denton, Texas page 12
� � � ', Denton, Texas page 13
Denton, Texas Evaluation of Development Review Procedures i�J7/;Oi 2
and Other Development Code Revisions
ClariaFt Arrocrnle.r L.LC'
627 97'�' St��et Sarite 2250
Deiwev, Calomdo 8�293
303, 830,2890
303.860, 7809, fax
i . : :
Plrr�riring �r�1d Zoni�ag
Gro�vtl� ttilauagei»errt
tYlnikelAjza��si.r
Recrl E,rt�rte Gou.rarlting
Srr,rt�rinab�liZy
�
m�E1VEC��AIV�tJh�
TOe Ho�+ard CVlartin, City of �enian
FRC7f�: t�at� G�ebel, �lari�n Assoei�tes
17AiEa �.ugus� 3� ao�.a
RE; Evaluati�n of Developrr�ent Revie� �rc�cedures �C �ther Developrnerit Cod�
i2evisions � Preliminary �ost Estimates
Per your reyuest, this memorandum outlines proposed budget estimates (ranges) for Clarion
Associates to undertake �he evaluation of Denton development code pracedures and other
development cade revisions as identified in the draft scope of work we submitted to you on June zz.
We would be pleased to provide furfher detail and i-nore specific cost estimates following additional
conversaiions with city afficials and staff. Budget estimates include �II professional fees, travel, and
other reimbursable expenses. All estimates are flexible and open to discussion and negotoation.
For all tasks, key variables in the drafting process that will afFect the budget include:
� The extent to which adopted plans or policy statements provide clear, specific directian as
to the content of the new or revised regulations {versus having to develop ar refine policy
direction during the regulatory drafting process};
0 T he number of drafts of the new regulations;
0 The required amour�t of graphics and illustrations; and
a The number of in-person pub1ic meetings attended by Clarion staff.
Al) estimates below take into account the detailed level of stafF understanding of the issues driving the
revisions, as w�ll as their availability to provide feedback and yuidance regarding specific edits.
Additionally, the work completed for the Denton Downtawn Implementation Plan and C�owntown
Zoning District provides a stylistic and organpzatianal framework �hat will be helpful in guiding the
praject layout.
As we identified in the Project Overview — Scope of Work in the project scope (pg. i), there would be
efficiencies of scale in preparing rnultiple code amendmen�s together, versus independently. The more
amendments, the greater the efficiencies that might be acB�ieved. We address this m�re specifically
below.
� #" i . ►. �. � :
Prmjec� Initia�sang 6��kgr�und ��vfevv, arrd Ir�t�rva�ws
o �udget estimate: �z5,000 - �30,000.
o Comr�ents: This phase serves as �he basis of information collectior� for a11 afth� other t�sks .
in the project. B�ca�use the propased edits are dr�wn from discrete sec�ions of the current
regulations, we will use this phase of the pro�ect to sketch a big picture vnderstarrding of.
the code - 6oth how it currently works and how it should work - tha� will give us better
perspective on the role of �he specific updates and edits.
Evaluation of C;e�relcaprner�t f2�view Pracedur�*s
o Budget estimaie; � 35,000 - �yo,000
o Comments: Revising development revi�w procedures requires balancing the knowledge of
what a community car� fully require in terms of process against (�) what is helpful to require,
and (a) what is beneficial to the development comrnunity. Our time in this task will be
spent worl<ing with staff to best understand the procedural °culture"' of Denton and then
pulling from our experience in other communities to suggest bes� practices or streamlining
approaches to improve the procedures that are currently in place.
i� �� . �
o Budgef estimate: �zz,000 — �z6,000
o Camments: We will review and comment on the draft regulations already prepared by the
city, as well as prepare additional infill and redevelopment regulations to ensure a holistic
approach ta implementing the DTIP, Based on our understanding of Dentan, we will also
identify how the draft regulations wil) work within the current regulatory frameworl< and
identi�y any issues related to integrating the DTIP Amendments into the overall regulatory
process.
Cleanup, Reorganizatian, and R�fortnat�ing �fthe �7evelopment Code
o Budget estimate: �35,000 - �40,000
a Comments: The goal of a development code reorganization is to make the code easier to
use, This means evaluating all aspects of the code to see how they can be impraved in
�erms of organization, location, layo�t, and structure. It also means identifying conflicts,
overlaps, and inconsistencies, and in the case of Denton's code, cleaning-up a significant list
of consolidation issues and edits. Because the revised code rnay loak and "feel" different
than the current code, we have included an assessment report at the start of the task to
provide a series of defiailed change recommendationse and have anticipated incorporating
public review apportunities ta keep �he community involved in the process.
Educatomn arsd `fraining Sessicans
o Budget estim�te: �5,�00
o Comrnents: This budget anticipates the preparation and presentatian of a half-day training
sessian as weil as the creaiion of a brief user"s guide to the code.
� ,A �.' i� AL � , .,. �
� ,:
Budget es�imate: �12a,oao— �ir�i,000
Courements: As drafked in �he scope and briefly d�scribed in this mema, �nre anticipate fihat the
�roject budget will fall in the range identefied here. �rauping the praject tasks as identified an
page � of the scope wrill bring ihe project closer to the lower end ofthe budget range by:
o AIIQwing the preparation of a single assessment report instead of the �hree assessm�n�
reports currently anticipated;
o Consalidating th� multiple revi�w and r�vision stages identified in each af the drafting
tasks; and
o Potentially resolving integration and cross-referencing issues if the code reorganization is
moved to an earlier stage in the project,
��■ � ,_ ii _ '
If additional meetings are requested by the city beyond those meetings identified in the scape of work,
Clarion personnel will be available at our normal hourly rates plus appropriate expenses.
Hourly rates:
Matt Goebel �i80.00
Elizabeth Garvon ��50.00