AGENDA FLOWER MOUND TOWN COUNCIL REGULAR ...

AGENDA

FLOWER MOUND TOWN COUNCIL REGULAR MEETING; TOWN OF FLOWER MOUND FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT SPECIAL MEETING; AND CRIME CONTROL AND PREVENTION

DISTRICT SPECIAL MEETING

DECEMBER 2, 2013

FLOWER MOUND TOWN HALL, 2121 CROSS TIMBERS ROAD FLOWER MOUND, TEXAS

6:00 P.M.

************************************************************* An agenda information packet is available online at www.flower-mound.com/AgendaCenter

************************************************************* All pagers and cell phones must be turned off in the Council Chambers.

A. CALL MEETING TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND TO THE TEXAS FLAG

“Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”

D. PRESENTATIONS

1. Proclamation and presentation of Hometown Hero banner to Elliott Emerich.

E. PUBLIC PARTICIPATION

Please fill out a speaker form in order to address the Council and turn it in to the Town Secretary prior to Public Participation. Speakers are normally limited to three minutes. Time limits can be adjusted by the Chair as to accommodate more or fewer speakers.

The purpose of this item is to allow the public an opportunity to address the Town Council on issues that are not the subject of a public hearing. Any item requiring a public hearing will allow the public to speak at the time that item appears on this agenda as indicated as a "Public Hearing." Items that are the subject matter jurisdiction of the Town Council include Town policy and legislative issues. Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by calling Town Hall at 972-874-6000 during business hours.

F. ANNOUNCEMENTS

1. Announce recent and upcoming civic and social events.

G. TOWN MANAGER’S REPORT

1. Update and status report related to capital improvement projects. 2. Update and discussion on Economic Development projects.

Town Council Meeting Agenda December 2, 2013 H. CONSENT AGENDA - Consent Items

This agenda consists of non-controversial or "housekeeping" items required by law. Items may be removed from the Consent Agenda by any Councilmember by making such request prior to a motion and vote on the Consent Agenda.

1. Minutes 11/4 - Consider approval of the minutes from a regular meeting of the

Town Council held on November 4, 2013.

2. Cancel 1/20 - Consider approval of canceling the January 20, 2014, regular meeting of the Town Council.

3. TIRZ #1 Annual Report - Consider approval of the 2013 Annual Report for the

Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code.

4. Crime Control and Prevention District Amendment - Town Council acting as the

Board of Directors for the Town of Flower Mound Crime Control and Prevention District to consider approval of a resolution amending the Town of Flower Mound Crime Control and Prevention District budget for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014, as adopted by Resolution No. 23-13.

5. Budget Amendment 2012/13 - Consider approval of an ordinance amending the

Town of Flower Mound’s Annual Budget for the fiscal year beginning October 1, 2012, and ending on September 30, 2013, as adopted by Ordinance No. 40-12 and amended by Ordinance No. 56-12, Ordinance No. 01-13, Ordinance No. 24-13 and Ordinance No. 42-13, for adjustments to the General Fund, General Debt Service Fund, Utility Fund, Stormwater Utility Fund, Department of Justice Seizure Fund, and the Health Insurance/Flex Account Fund.

6. Budget Amendment 2013/14 - Consider approval of an ordinance amending the

Town of Flower Mound’s Annual Budget for the fiscal year beginning October 1, 2013 and ending on September 30, 2014, as adopted by Ordinance No. 45-13 for adjustments to the General Fund, Utility Fund, Stormwater Utility Fund, Chapter 59 Forfeiture/Seizure Fund, IRS Equitable Sharing Fund, Department of Justice Seizure Fund, Neighborhood Improvement Fund, and Vehicle, Equipment & Technology Replacement Fund.

7. Financial Advisory Services Agreement - Consider approval of an agreement with

Southwest Securities, Inc. for financial advisory services, and authorize the Mayor to execute said agreement.

8. CAPER Adoption - Consider approval of a resolution authorizing the adoption of the

Program Year 2012 Consolidated Annual Performance & Evaluation Report for the Community Development Block Grant; and authorization for the Mayor to execute same on behalf of the Town and submit to the U.S. Department of Housing and Urban Development.

Town Council Meeting Agenda December 2, 2013

9. Street Sweeping Services - Consider the award of Request for Bid 2014-4-B for

street sweeping services to Flagship Sweeping Services, Incorporated at the price per service bid for an estimated annual amount of $18,095.24.

10. Water Meters Equipment - Consider the award of Request for Bid 2014-2-B for the

purchase of water meters and meter reading equipment, on an as-needed basis, to Neptune Technology Group, Incorporated, at the unit prices bid, for an estimated expenditure of $524,917.00 over the two-year contract period.

11. Water Meter Fee Schedule - Consider approval of an Ordinance amending Appendix

A “Fee Schedule,” referenced in Chapter 70, “Utilities,” Section 70-56(d), entitled “Water Meter Fee Schedule” of the Code of Ordinances of the Town of Flower Mound, Texas, by adopting a new “Water Meter Fee Schedule.”

12. Heritage Park Master Plan - Consider approval of a Professional Services

Agreement for the master plan design of The Heritage Park of Flower Mound Phase II project, with Schrickel, Rollins and Associates, Inc., for a not to exceed price of $50,456.00; and authorization for the Mayor to execute the same on behalf of the Town.

13. Data Cabling - O&M - Consider approval of the purchase and installation of data

cabling, communications equipment, and IP licenses, for the Operations & Maintenance Facility project, from Black Box Network Services, in the amount of $124,770.00.

14. Interlocal Agreement – Library Services - Consider approval of an Interlocal

Cooperation Agreement with Denton County for provision of library services for the benefit of the citizens of Denton County, and authorization for the mayor to execute same on behalf of the Town.

15. Independence Fest- Beverages - Consider approval of the sale and consumption of

alcoholic beverages (beer and wine) at Bakersfield Park, during the 2014 Independence Fest. (The Parks, Arts and Library Services (PALS) Board recommended approval by a vote of 5 to 1 at its October 3, 2013, meeting.)

16. Independence Fest PSA - Promoter Line - Consider approval of a Professional Services Contract with Promoter Line, Inc., to provide professional event production and planning services for the 2014 Independence Fest, in an amount not-to-exceed $196,200.00, from December 2, 2013, through December 1, 2014, with the option of four one-year renewal terms; and authorization for the Mayor to execute same on behalf of the Town.

I. REGULAR ITEMS

17. River Walk Marquis 380 Agreement Public Hearing

Public Hearing to consider approval of a Chapter 380 Incentive Agreement with River Walk Marquis LP, a Texas limited partnership, and authorization for the Mayor to execute same on behalf of the Town.

Town Council Meeting Agenda December 2, 2013

18. Master Plan Amendment Public Hearing

Public Hearing to consider a request for a Master Plan Amendment (MPA13-0010) to amend Section 1.0-Land Use Plan by amending the description of the “Lakeside Business District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, to amend Section 2.0-Area Plans through the amendment of the Lakeside Business District by amending the description of “Campus Commercial” uses under the heading of “Lakeside Business District Land Use Categories” on page 2.1 of said Section 2.0 to change the restrictions on commercial and residential uses and thereby implement a mixture of uses that promote the stated goals of the District, and to further amend Section 2.0-Area Plans by updating the map of the “Lakeside Business District” on page 2.4 of said Section 2.0; to amend Section 1.0-Land Use Plan by amending the description of the “Cross Timbers Conservation Development District & Prairie Vista District” under the heading of “Purpose and Benefit of Six (6) Major Planning Areas” on page 1.1 of said Section 1.0 and by amending the description of the “Cross Timbers Conservation Development District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, and to amend Section 2.0-Area Plans by deleting the “Cross Timbers District” “Area Plan 2–Skillern/Scenic,” “Area Plan 3–Shiloh Road,” “Area Plan 4–High Road,” and “Area Plan 5–Roanoke Hills/Tour 18,” in their entirety and replacing said Area Plans with a new “Area Plan District” entitled “Cross Timbers District Area Plans” to simplify and clarify the Area Plans for the “Cross Timbers District” and to add flexibility that will promote the stated goals of the District; and, to amend Section 9.0-Wastewater Plan by adding “Cross Timbers Conservation Development District” as a wastewater Service Area, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 5 to 1 at its November 11, 2013, meeting.)

19. Land Development Regulations Public Hearing

Public Hearing to consider an amendment to the Land Development Regulations (LDR13-0004) through the amendment of Chapter 98, “Zoning,” of the Town’s Code of Ordinances by deleting Division 21, “PD Planned Development District,” in its entirety and replacing said Division with a new Division 21 also entitled “PD Planned Development District” that will update the Town’s planned development regulations and allow the Town to consider development proposals that use flexibility and creativity to achieve the stated goals of the Town’s Master Plan, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 5 to 1 at its November 11, 2013, meeting.)

Town Council Meeting Agenda December 2, 2013 J. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS K. CLOSED MEETING

The Town Council to convene into a closed meeting pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.087, 551.072, 551.074, and 551.071 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations as follows:

a. Discuss and consider economic development incentives.

b. Discuss and consider purchase, exchange, lease or value of real property for

municipal purposes and all matters incident and related thereto.

c. Discuss and consider appointments to the Animal Services Board, Board of Adjustment, Oil and Gas Board of Appeals, Community Development Corporation, Environmental Conservation Commission, Parks, Arts and Library Services Board, Public Arts Committee, Planning & Zoning Commission, SMARTGrowth Commission, Tax Increment Reinvestment Zone Number One (TIRZ #1), and Transportation Commission.

L. OPEN MEETING

The Town Council to convene into an open meeting pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.087, 551.072, 551.074, and 551.071 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations as follows:


b. Discuss and consider purchase, exchange, lease or value of real property for

municipal purposes and all matters incident and related thereto.


Town Council Meeting Agenda December 2, 2013 M. ADJOURN MEETING I do hereby certify that the Notice of Meeting was posted on the bulletin board at the Town Hall for the Town of Flower Mound, Texas, in a place convenient and readily accessible to the general public at all times and said Notice was posted on the following date and time: November 27, 2013, at 10:00a.m., at least 72 hours prior to the scheduled time of said meeting.

__________________________________ Theresa Scott, Town Secretary

Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in a closed meeting with its attorney and to receive legal advice regarding any item listed on this agenda. Further, the Texas Open Meetings Act, codified in Chapter 551 of the Texas Government Code, does not require an agenda posting where there is a gathering of a quorum of the Town Council at a social function unrelated to the public business that is conducted by the Town Council, or the attendance by a quorum of the Town Council at a regional, state or national convention or workshop, ceremonial event or press conference if formal action is not taken and any discussion of public business is incidental to the social function, convention, workshop, ceremonial event or press conference. The Town Secretary’s Office may occasionally post agendas for social functions, conventions, workshops, ceremonial events or press conferences; however, there is no legal requirement to do so and in the event a social function, convention, workshop, ceremonial event or press conference is not posted by the Town Secretary’s Office, nothing shall preclude a quorum of the Town Council from gathering as long as “deliberations” within the meaning of the Texas Open Meetings Act do not occur. The Flower Mound Town Hall and Council Chambers are wheelchair accessible. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting by contacting Theresa Scott, Town Secretary, at (972) 874-6076.

TOWN COUNCIL AGENDA ITEM NO. 1

CONSENT ITEM

DATE: December 2, 2013

FROM: Theresa Scott, Town Secretary

ITEM: Consider approval of the minutes from a regular meeting of the Town Council held on November 4, 2013.

BACKGROUND INFORMATION: The Town Council held a regular meeting on November 4, 2013. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: N/A Proposed Expenditure: Account Number(s):

Finance Review by: N/A LEGAL REVIEW: N/A ATTACHMENTS: 1. Draft minutes RECOMMENDATION: Move to approve the minutes from a regular meeting of the Town Council held on November 4, 2013.

Page 1 of 555

FLOWER MOUND TOWN COUNCIL MEETING OF NOVEMBER 4, 2013 BOOK 42 PAGE 1

THE FLOWER MOUND TOWN COUNCIL REGULAR MEETING HELD ON THE 4TH DAY OF NOVEMBER, 2013, IN THE FLOWER MOUND TOWN HALL, LOCATED AT 2121 CROSS TIMBERS ROAD IN THE TOWN OF FLOWER MOUND, COUNTY OF DENTON, TEXAS AT 6:00 P.M. The Town Council met in a regular meeting with the following members present:

Tom Hayden Mayor Steve Dixon Mayor Pro Tem Bryan Webb Deputy Mayor Pro Tem Michael Walker Councilmember Place 1 Mark Wise Councilmember Place 3 Jean Levenick Councilmember Place 5

constituting a quorum with the following members of the Town Staff participating:

Theresa Scott Town Secretary Terrence Welch Town Attorney Jimmy Stathatos Town Manager Debra Wallace Assistant Town Manager/CFO Gary Sims Executive Director of Community Services Doug Powell Executive Director of Development Services Matt Hotelling Traffic Engineer Kenneth Parr Director of Public Works

A. CALL REGULAR MEETING TO ORDER

Mayor Hayden called the regular meeting to order at 6:00 p.m.

B./C. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE TEXAS FLAG

Chaplain Jane Dougherty gave the invocation and Mayor Hayden led the pledges.

D. PRESENTATIONS

1. Presentation for Interim Police Chief, David James

Mayor Hayden and Mr. Stathatos offered appreciation for the work of Mr. David James and presented him with a street sign with his name. Mr. Stathatos summarized the recruitment process for the new police chief and introduced Flower Mound’s new Police Chief Andy Kancel. Chief Kancel offered appreciation for the work of Mr. James and expressed appreciation and enthusiasm to start serving the Town.

Attachment 1Page 2 of 555


2. Proclamation for American Diabetes Month

Mr. Quin Neal, Senior Executive Director for the American Diabetes Association - North Texas Office, accepted a Proclamation for American Diabetes Month and provided background information related to the disease and his involvement in the organization.

3. Certificate of Appreciation, Flower Mound Summit Club

Claudio Forest, President, Flower Mound Summit Club, provided background information about the organization and accepted the Certificate of Appreciation from the Town. Other Summit Club members participating were: Paul Stone, Scott Baker, Gerald Robinson,Rob Marco, Steve Harris, Bryan Webb, and Richard Steenson.

4. Proclamation for Flower Mound's Young Men's Service League Group

Ms. Jojo Theleman and Ms. Barb Seykora provided background about the organization and accepted the Proclamation for Flower Mound’s Young Men’s Service League Group, with approximately eight members represented.

E. PUBLIC PARTICIPATION Names listed below don’t necessarily reflect the order in which each person spoke.

Todd Weaver Mr. Weaver provided an update on the recruitment efforts related to Black Walnut. He indicated they experienced some development issues. He acknowledged Mr. Stathatos and Mr. Powell for applying common sense in in working out those issues, which resulted in Black Walnut closing on their land last week. It will be an 8,000 square foot restaurant serving breakfast, lunch, and dinner.

Kristi Hassett, 3500 Beringer Ct, Flower Mound, TX 75022 Ms. Hassett requested an extension of the school zone on Sterlington Parkway near Wellington Elementary. She pointed out protection for the children is necessary given some staffing changes with crossing guards that changed where they are located.

Don McDaniel, 3801 Hide A Way Ln, Flower Mound, TX Mr. McDaniel stated he believes the Town’s 300 foot radius notification process might not be sufficient in all cases. He asked the Council to get with staff and come up with a better formula as to how people are notified. He gave the example of people going to the dog park will need to pass right by his home and he was never notified about the dog park. He also questioned how you are going to get people to the dog park because there are no sidewalks in the vicinity. He indicated the location doesn’t support the use of all people as it was intended. In addition, the dog park might be beneficial for people who live in apartments or condos, however, there are no facilities such as condos or apartments in the



proposed area that could benefit from having the dog park. He was of the opinion it would be better at Heritage Park where there is a trail system and it could serve the apartments and condos that are close to Heritage Park. He suggested rethinking the location and to be prepared for the trespassing calls because there are no sidewalks and people will be crossing private property to get to it.

Sheron OHara, 2271 Shoreline Dr, Flower Mound, TX 75022 Ms. OHara indicated she knows the park area because it’s near to where her home is. Her house is the first home on the right when you go around the curve. I can tell you, like those that previously spoke, the kids are a concern. On Halloween night I saw several kids walking alone. We watch out for those kids because we live in that neighborhood. We know its 20 mph. I have lived in Flower Mound for 20 years. I moved from the Villages of Northshore. Let me tell you about bypassing traffic and what people that don’t live in a neighborhood do – they cut to avoid 3040 and 2499 and they cut through your neighborhood. I moved from there and the traffic volumes from that neighborhood to this neighborhood to possibly be faced with the same thing again. And they had no care and regard for your kids. They would drive through exceeding the speed limit. We moved here because of how great this neighborhood is. And to pick a place where you have one in and one out doesn’t make sense. There is no city sewer there. There was talk about putting rest rooms in, but because there was no city sewer there was mention of putting in port-a-potties. Who wants a port-a-potty in a public park that we go and enjoy and now have dogs running, and being maintained at a minimal amount because there is concern that if you don’t have sponsors you won’t have money to maintain cleaning it regularly. Would you want to be right next door to the dog park on a 100 degree day and not being cleaned for 4-5 days, and having that odor right next to your back yard. We’re not like other neighborhoods. We don’t have cement walls. You don’t have areas that segregate one space from other to be able to distinguish, or to have sound barriers to keep that noise at a minimum. This is basically right within our neighborhood. I understand a neighborhood community pool, and community park, but I don’t understand a dog park. I can tell you that probably not one of the neighbors within this community would use the dog park, so it’s not like its being built for the benefit of those people or those children. I see kids out there practicing soccer, baseball, and other things that are important to those families. And now where are those kids going to go. I simply ask that you reconsider. I guess there is a stipulation that you have to be within 300 feet to be notified. So none of us knew about this. If someone can’t park in my driveway, they park at that park. That’s how close my home is to the park. So I am concerned about safety and the disruption to all the people around there.

Rick Wilhoit, 2157 Breezywood, Flower Mound, TX Mr. Wilhoit indicated he agrees with many of the comments made so far. He pointed out that when the land was gifted to the Town by Mr. Davis there were many stipulations associated with that legal contract, one being the Town could not invoke eminent domain for the surrounding property owners of that parcel. He expressed concern for the additional traffic. He noted if there is consideration of widening Hide A Way solely for the use of this dog park, I urge you to consider



Larry Davis’s spirit of his agreement in that the adjoining property would not be taken. The property owners on the north side of Hide A Way have been paying taxes on that land, maintaining it, and acting as if it were their own this entire time. He noted the dog park at Heritage would have made a lot more sense with putting multiple park amenities such as a restrooms and parking for the residents to enjoy instead of an obscure neighborhood.

Lijo Joseph, 2200 Whispering Oaks, Flower Mound, TX 75022 Mr. Joseph spoke against having a dog park at the Green Acres Farm location and his home is one of the homes in the immediate vicinity of the dog park. He pointed out various concerns related to the additional traffic, and home value declines. He expressed frustration relative to the location selected. We may not be as powerful as Wellington or Baker’s Branch, but we are also residents and taxpayers and due the same rights, privileges, and considerations as these communities. If three-five acres of dogs, the eyesore of a six foot chain link fence, the noise, the smell, and the increased traffic, and the associated detriment to property values and safety are not acceptable for parks near Wellington, Bridlewood, Baker’s Branch, and or in your respective neighborhoods, then it is not acceptable for us either. Not in our back yard. He noted that Hide A Way is our only exit and our only entry, which is a rural and narrow road with no sidewalks. My children, and many other children in the neighborhood, walk, cycle, and play on that street because we have no city park within walking distance with a playground for children like the city provides to the other neighborhoods. We also pay taxes. Any increased traffic is a danger to our children, and the children of our neighborhood are more important to us than a park for dogs. In the article I read about the dog park I also read putting the dog park at Heritage Park West would have also put the dogs too close to the children at Fort Wildflower Playground, officials said. Well, I ask you officials, what about the children of our neighborhood who have no playground and who still play in Green Acres Park and on Hide A Way? Why is it okay to put dogs and increased traffic too close to our children? Is it because they are considered by this Council to be lower on the income scale. They are our children and we pay taxes too and we say that their safety is paramount. We will not relent. Not in our backyard. The other cities with dog parks like Frisco, Allen, Lewisville, Plano, Southlake, etc. place their parks by major roads, or have no residents on the access roads to those parks. Frisco had 2,000 visitors on the day that it opened the dog park and enough cars to overflow the parking lot onto the street on numerous weekdays, and numerous evenings, and numerous weekends. Hide A Way is not only smaller, but has many houses and residential streets off of it. We can’t allow this. Not in our backyard.

Danny Mitchell, 3913 Hide A Way Ln, Flower Mound, TX Mr. Mitchell commented he supports the comments of others and that the street won’t handle the additional traffic once the dog park is in place. He indicated it’s not a good location for the use.



Rex Allen, 4017 Hide A Way Ln, Flower Mound, TX 75022 Mr. Allen indicated he has been a resident on Hide A Way for over 30 years and has two lots that face Hide A Way Lane. He expressed concern about the safety of Hide A Way Lane and the traffic concerns. He pointed out that people pick up speed when they get to the hill where he lives. He indicated he has scrapped off countless dead dogs and cats out of that street. I hear people slamming their brakes to keep from running over people or animals. This is the third time I have been here about the same issue and the safety of Hide A Way Lane and too much traffic coming down there. I have seen the neighborhood grow with more and more traffic. It is getting worse and worse. He pointed out that Council promised their neighborhood they wouldn’t do anything to the park until they have the access on Wichita Trail. He stated he knew Mr. Davis and he would not want this – to put children and dogs, and people’s lives in danger. I promise you if you put that park in there somebody is going to get killed. I have been watching for 30 years. He stated his request is to either put the dog park somewhere else or give them the street they were promised seven years ago. Hide A Way Lane will not be able to handle the traffic and I’m sure if someone gets hurt or killed, our neighborhood is going to hold you Councilmembers responsible for it.

Brian and Mary Rose Schulte, 3812 Park Bend Dr, Flower Mound, TX Mr. Schulte indicated they live on the access of Hide A Way Lane and it is a terrible road. Not only that, but when you get out to Simmons Road, you are taking your life in your hands to walk across that road, let alone drive on to it. It is on a hill. There are people turning in there all the time. That road is very narrow and there are kids running around there too. It is a dead end road. Just because the land was given to you free, we could use it for something different than a dog park. It doesn’t make any taxes for you. Give it back to the people. Do whatever you want with it. If a kid dies because of three acres of free land, it’s not going to make any sense. People will be going to the dog park after work. There is a lot of people coming and going - kids and busses, etc. at this time, and all of these extra 60+ cars that are going to come back in there just to go to the dog park. There are no sidewalks. We couldn’t even let our kids walk to school. It’s that dangerous on that road and if you’re going to increase the traffic by this amount, it’s going to be a huge deal. Who do you go to after your kid has been run over? Ms. Schulte commented for the first year they lived in their home (2008) they started to let their kids walk to school (McKamy), but she quit because she walked with them and no one would stop to let them get across the street. There is no sidewalk on the one side and there is no crosswalk to access. You would have to go all the way down to the three way stop. I called and complained and requested they put a crossing sign in; however, nothing was ever done about it. For that reason I had to start driving my kids to school. I walk down that road a lot. My 13 year old son has friends down Hide A Way Lane over the bridge. There is no way I’m going to let him ride a scooter down there if there will be all that traffic going down there. Mr. Schulte said somebody’s kid is going to get run over.



Ms. Schulte expressed concern that Park Bend will become a thoroughfare for people cutting through to get down there because if they are coming from the three way stop off McKamy Creek, they very well could cut through our block to get to Hide A Way Lane. Mr. Schulte stated that kids live on every block, but you don’t have a block where you can drive fast easy because there is nobody back there. Ms. Schulte said it’s dangerous with the traffic coming down over the hill and over the bridge. A lot of times you don’t even see the cars and there is no place to walk.

James DePetro, 4421 Wanda Ln, Flower Mound, TX 75022 Mr. DePetro said the streets are narrow. They moved here from Grapevine because they wanted a safe place for his kids. The kids run around on the streets and ride bikes. The residents understand how narrow the streets are. My wife almost hit a mail box one time just going down Hide A Way Lane. He questioned if the Town plans to expand their road and if they would be given sidewalks. He also asked what you are going to do to make our kids safe. He expressed anger over the potential of his child getting hit by a car as a result of the dog park going in. He stated this is not a safe place. The roads won’t sustain this. There are children all over the place and there is nowhere for them to go He stated, do you think these people are just going to go down Hide A Way to the dog park. I live on Wanda. They are going to be riding around in our neighborhoods, and looking around. This is dangerous. Not a good decision. We should have some input. Where else is there a dog park that goes into one neighborhood. Every dog park I know feeds in from some side road. It feeds in from a corner. It’s built in a place that is more industrial. We understand it’s dangerous and there is no place for them to go, and the roads are narrow. You have to stop on Hide A Way and let somebody go. Now you’re going to have hundreds of cars coming through there. You have parks and access all over the place and you put it in a place with a single lane in and out with kids everywhere. Hayden: Commented that since this is an agenda item, many of the comments made this evening will be addressed at that time. Hayden: Asked what the Council would need to do with respect to extending the school zone. Stathatos: It’s anticipated for the November 18th Town Council agenda and he indicated staff will be in contact with Ms. Hassett during the interim to address the traffic concerns.

F. ANNOUNCEMENTS

Dixon: Announced that last Sunday there were about 100 people in Council Chambers. He, along with Tom, was asked to give a discussion about the Town and service. He complemented the young men for being responsive and polite and offered thanks for the invitation and opportunity to talk with them.



Levenick: Announced that there will be a Meet and Greet for the public for the new Police Chief on November 12th from 5:00 – 6:30 p.m. at the Flower Mound Police Department on Kirkpatrick Lane. Webb: Announced that tomorrow is Election Day and encouraged voter participation. Hayden: Announced that the Veteran’s Day Ceremony is Sunday, November 10th at the Flower Mound High School football stadium. Also, one of the things that has been an issue for the Town for nearly a decade is our relationship with Upper Trinity. We have mentioned that the rates are going to go up and there is this discussion about Lake Ralph Hall. Recently the Upper Trinity approved a 10% increase and the water usage for the Town of Flower Mound and what our cost is. So when you get your water bill and it keeps going up, we have a problem with the Upper Trinity not being responsive to their largest customer. It’s something we as a community need to address.

G. TOWN MANAGER’S REPORT

1. Update and status report related to capital improvement projects

Mr. Stathatos provided the following capital improvement project updates: FM 1171 expansion: we were hoping to get started on it sooner than

later, but there are some utility companies that haven’t fully relocated their infrastructure, so we’re not going to be able to start until March of 2014. The water line is currently being installed to the West, but we were hoping to actually expedite the project.

FM 1171 at 377: This is one of the most congested intersections where the Town gets several complaints, and Matt Hotelling has worked with TxDOT and they have given permission to install temporary turn lanes that will help tremendously. We don’t have a time frame; however, it’s going to make a huge difference because at certain times of day you might be behind 60-70 cars.

Wichita Trail: We are three weeks away with weather. Staff is getting good feedback about the new arch span that is in.

Chinn Chapel at Dixon Roundabout: Staff has received some questions about this. Residents have asked if the Town could put some information on our website about how to maneuver with roundabouts and we’re looking at getting the best information to help with that. Studies have shown that roundabouts move around 30% more cars within the same amount of time. It’s a paradigm shift in terms of mobility, but I think once people look at it, because I know there has been some concern about condensing to one lane for the round-a-bout, I think people will be pleasantly surprised. There is a future round-a-bout that is planned at Waketon and Chinn Chapel, but that is part of a different project and it hasn’t been designed or authorized. It’s just a plan.



2. Update and discussion on Economic Development projects. Mr. Stathatos provided the following economic development updates:

Code enforcement: The Town has approved a Code Enforcement operational analysis that will begin November 18th and it will take twelve weeks at the very most. They are going to start from beginning to end to see how we are doing, basically a gut check and see where we can operate more efficiently

Market Street: Was supposed to be open by the end of November, and now they plan to be open by December 11th

La Madeleine: Plans to be open by the end of November There are some other announcements coming soon with high job counts,

as well as other restaurants and retailers that have been continuously requested by the Town’s residents.

This week staff will be attending and participating in the International Conference of Shopping Centers event as part of the Town’s recruitment efforts

3. Update and Discussion on the Town’s Strategic Plan.

Mr. Dalton provided an update on the Town’s Strategic Plan identifying or noting: Next steps:

1. evaluating objectives and performance measures to get Council to those goals

2. implementation component of the strategic plan to Council, which includes providing Council with an opportunity to refine it and give feedback. That was originally scheduled for this month but due to the competing projects being worked on; staff is looking at next month.

3. The overall goal is to use a strategic plan to help the Town guide decisions. He gave a few examples of that.

Walker: I am glad to see that we are moving forward and I do like the fact that all the departments will be synchronized with their objectives to meet the goals, as outlined by Council. In addition, it’s going to be reviewed each year and we’re going to have dollars attached to the specific line items and it moves in a continuum over time. It’s always going to be refreshed document, and then on a mid-year basis (in July or August) and then in January we would see if we’re on track, and why not, and if we have to take corrective measures. It will be a way for Council and staff to identify how we are doing. Dixon: Item two is talking about the PSA. I believe I heard one of the residents talk about no parks down there. He asked Mr. Sims if the Town has done away with Hide A Way Park. Sims: No, it is still there.



Hayden: Commented to Mr. Stone (Charter Review Commission Chair in the audience) that he would like the Charter Review Commission to look at ensuring that there have not been any state laws that have been passed that would conflict with our Town Charter. Hayden: During last Saturday’s Mornings with the Mayor there were residents that came and spoke about Rheudasil Park and the proposed rest room, and they, like those that spoke this evening, said they had no idea it was being proposed for their neighborhood. He noted that the dog park suggestion went through the PALS Board, CDC, and Town Council, and there was very little resident feedback about the location it was going to be. Now tonight, after the fact that it has already been approved, we have resident feedback. Whatever we’re doing to notify residents of things that are happening in their neighborhood, we need to review what we’re doing because it’s not working very well. Hayden: For Rheudasil Park, he noted the following comments from residents near that park:

in general, the park wasn’t being kept clean to their satisfaction, and specifically on Mondays, after people have fished over the weekend, etc. there is a lot of trash

there were questions about the maintenance of rest rooms and what are the Town’s plans to keep it clean

they would like more lighting at Rheudasil Park with respect to parking for both Rheudasil Park and Dixon Park there were

concerns that cars park on both sides of the street along the road by the park, which makes it difficult for other cars to get through

H. CONSENT ITEMS

Mayor Pro Tem Dixon moved to approve consent item one. Councilmember Wise seconded the motion.

1. Consider approval of Amendment No. 1 to the Fiscal Year 2013-2014 Capital Improvement Program.

RECOMMENDATION: Move to approve Amendment No. 1 to the Fiscal Year 2013-2014 Capital Improvement Program.

VOTE ON MOTION

AYES: Walker, Webb, Levenick, Dixon, Wise NAYS: None. Mayor Hayden indicated that Item 2 has been requested to be removed from the

Consent agenda.



I. REGULAR ITEMS

2. Consider approval of a Professional Services Agreement with Schrickel, Rollins and Associates, Inc., to provide master planning and construction documents associated with the Green Acres Farm - Dog Park project, in the amount of $53,500.00; and authorization for the Mayor to execute same on behalf of the Town.

Hayden: Prior to staff’s presentation he indicated he would like to address some of the concerns presented first. Hayden: One of the things that were mentioned this evening was about the road being dangerous. It was discussed in detail that over time if the road was not able to handle the traffic, that it would be part of our CIP budget in the near future to improve the road. He asked staff what could be done to make it a safer road for people that travel that area. Stathatos: We could look at various options. It could be widened, because if you look at it, it’s about 18 – 19 feet in its normal width, so it’s about a foot narrower than Sagebrush, for example, and there are areas where it’s up to 20 feet wide. Regardless of whether the dog park goes there or not we can look at putting it on the CIP. There were funds that were allocated to put sewer through the subdivision before my time, and we received a lot of negative feedback from the residents so that was removed. I don’t believe at that time the road was discussed though. Part of the deal with the access is that if you interpret the agreement, it states that you can’t condemn any property for an alternate access point, but yet the primary property owner that we would need to purchase this property from, doesn’t want to sell it to the Town. Basically, then the park can never be utilized for anything other than what is now, and that is fine, but that is part of the dilemma, but we can talk about strategies for other access points. Hayden: Asked the Town Manager to expand on that because in 2007 there was discussion by the Council about another entry way to access Green Acres Farm, but now it’s not a feasible option because the property owner has no interest in allowing the Town to put a road through their property. Stathatos: We’re going to revisit that property owner, as it’s been about 5 – 6 years, so they could have changed their mind, however, it puts the Town in an awkward position because we don’t have leverage in terms of buying it nor can we condemn it. Hayden: And that goes to the comment about being in the spirit of the gift. Staff Presentation Mr. Sims gave a presentation identifying or noting:

The selection process associated with the location of Green Acres Farm, including pros and cons associated with each site, and estimated costs.



Hayden: What is the estimated number of visitors for the dog park? Sims: I don’t know at this point as we don’t know how popular the park is going to be in Flower Mound. We are planning on building 50 parking spaces, which we believe to be adequate. Hayden: There is concern for the cleanliness and smell associated with the park. Could you discuss how a dog park works and how it would be maintained? Sims: Eleven dog parks were visited when the idea of a dog park was being considered. Smell was not a problem at any of the parks we went to. Dog parks are typically closed one day a week. Typically dog park owners are responsible for picking up after their pet, and for all of the dog parks we visited I asked about that, and it wasn’t an issue. People who go to dog parks are generally responsible pet owners and they police themselves. The park would be mowed once a week and if there was an issue parks staff would pick up more frequently. We would also work with Animal Control if there is an issue with pet owners not picking up after their pet. The fine is $200 in Flower Mound for not picking up after your pet. Hayden: So it would be third party. And if once a week isn’t enough are we prepared to do it more often? Sims: Yes, and he recollected one of the speakers indicated the maintenance was tied to sponsorship. The sponsorship was going to be nice to have, but if we don’t get the sponsorship, we still plan to fund the maintenance through the CDC, along with the O & M funds for all new park projects. Hayden: There was a question about rest rooms and the use of port-a-potties. There are no plans to put port-a-potties out there are there? Sims: Not at this point. If there is not sewage available out there and if we do eventually add a rest room, it would be on a septic tank. Hayden: Another thing was the concern about the noise. When we were considering this, what were the hours being considered for the dog park? Sims: Usually dog parks are open about 7:00 or 8:00 o’clock a.m. and close at sunset in the evenings. Some dog parks open in the evening. They have lights. But we are not proposing to put any light in the facility. Wise: Asked for clarification on the map relative to an alternate access. Sims: Pointed out the location on the map noting it would tie into Wichita. Levenick: What do we pay every year on maintenance for Green Acres Park now? Sims: I don’t have that with me but could get that to you tomorrow.



Levenick: Do we take care of that park? We’re cutting the grass, etc. because it was stated by a resident that they go and cut the grass there. Sims: No, we have a contractor that takes care of it. Walker: With respect to the restrictions at the time the property was conveyed to the Town, I just want to make sure we understand what the restrictions are and the level of activity of the park. Welch: There are about 8-9 different restrictions that were part of the deed and there is some other information that could be discussed at a later time. Walker: There was some public comment about it was supposed to be a very passive use. Dog park aside, what was some of the anticipated uses for this area? Sims: One of the concept plans we have depicts a pond in one area of the park, and a community garden on one side. About a year ago there was discussion with Council about putting in a community garden in this park. There are two silos and a barn on the property and he noted the area staff recommended for the community garden. There was also discussion of a compost area, trails, and the old driveway around the Davis house where people walk around. There would be a pavilion, etc. Walker: The reason I was asking is because I don’t think the vision was necessarily a dog park, or no dog park and it stays the same. From what I recall there had been conceptual enhancements like you described. Sims: Most of what was in the plans was passive with things like walking, picnicking, community gardens, etc. Walker: And that’s as opposed to soccer or baseball fields, etc. Sims: Correct. Active athletic facilities. Walker: Now Hide A Way seems to be a real issue in terms of safety, so regardless of whether or not there is a dog park, from time to time there has been some degree of concern related to safety. Has there ever been any engineering that has been done that looked at enhancing Hide A Way to make it a safer access point? Stathatos: We have a lot of prescriptive right-of-way, but when we approach property owners about dedicating the right-of-way to improve the road we were told no. So at that point staff didn’t invest any solid engineering. Walker: So the Town could be directed to further investigate improvements to Hide A Way to make it a safer facility. Stathatos: Absolutely, which we would do anyway. Sims: We proposed moving the entrance with the dog park more toward the center of the park to get away from the ends because of the concerns about the road taking a turn near where the current entrance is.



Hayden: When we went through this process it seems like everyone wanted a dog park, but don’t put it near me. As this went through the process, there was very little feedback about this site and the majority of the feedback was very positive that this would be a good location. As Council looked at Heritage Park, the residents didn’t want it there, and another location we were going to have to take down hundreds of trees. I think at this point we should reconsider the item being on the agenda tonight to make sure this is where we want it to go. I don’t think any of us were aware until the last day or two that there was any opposition to this location. Perhaps if we can’t find a suitable location for a dog park, maybe until we find a location, we just put it back out on the CIP for the future. Perhaps there is a place out west as land becomes available that no one will be impacted at the time. Webb: One of the concerns I had when this was coming to us from PALS was did we have enough communication to the neighborhood prior to considering it. I think it’s evident from the residents that were here tonight that this is an area we need to do better on. Truthfully, I believe, and I wasn’t at the PALS meeting, but I’m going to assume they leaned toward Hide A Way because the residents from Bakers Branch expressed displeasure with Heritage Park. He expressed appreciation for those that came and spoke tonight and indicated we need to go back to the drawing board, but I want to do this quick. We have a lot of residents who are very positive and want a dog park. And it’s not a dog park – it’s a park for dog owners. A place for them to take their dogs out and socialize and to enjoy the outdoors. We’re a big enough community. I think we can embrace that part of our population that would like to have a park to take their dogs to and let their dogs run off leash while they visit, chat and play. I would ask that we get this turned around. We have already looked at existing parks. Look at other Town owned property that is not perhaps designated a park, or available open space and see what are options truly are. Hayden: We’ve almost exhausted all of the places. I don’t know if there is access where the old tree farm used to be if that’s a possibility. As Gary was going through the list it seemed like we were exhausting the possibility. Walker: Questioned where the dog park was listed on the list of priorities within the citizen survey. Sims: it was the fourth or fifth most requested amenity. Walker: So there was citizen interest in a facility like this. My concern is more about the safety and access issue. It’s a park. I don’t think the intent is a nice sleepy park that no one knows about. It’s a great facility but what is the ultimate use. That’s why I asked the question earlier about if a certain area makes sense as a dog park, what would complement a dog park where we can utilize that area. That’s a separate discussion and safety and access. I’m willing to slow down consideration regarding entering into a contract for master planning until there is a better site, but unless something happens at Canyon Falls someday for a dog park, years could go by and we still have this high on our list of citizen needs. So we have citizen needs placing this on a relatively high position. We’ve gone through



PALS twice and done the matrix along with the pros and cons of all of it. I’m willing to slow down but I would really like to get more definitive information as to if there is feasible access from Wichita Trail, and/or what would be the cost to make Hide A Way safer facility for access to this part, even if it wasn’t a dog Park. Hayden: There is always the option of the Town acquiring lands somewhere (3 – 5 acres) for those specific needs. Stathatos: Staff can look at any site. We were trying to be sensitive to Council’s concern relative to costs and land acquisition would impact that. We will be creative and take additional time to review it, but if anyone has any suggestions, please email me or call.

Deputy Mayor Pro Tem Webb moved to postpone the item indefinitely. Councilmember Wise seconded the motion.

Levenick: I think with the residents coming here to tell us how they truly believe Hide A Way Lane is as unsafe as they are saying it is, we have an obligation to look at that road, and start looking at improvements. If they are talking about a road where they fear their kids getting hit by cars, no one is following the speed limit, etc. we have an obligation to look at that road to see what kind of improvements are necessary. Hayden: Summarized that two members of Council made that suggestion that we need to make that road safer.

VOTE ON MOTION

AYES: Wise, Dixon, Levenick, Webb, Walker NAYS: None Mayor Hayden opened items three and four at the same time. 3. Public Hearing to consider a request for a Master Plan Amendment (MPA13-0007 –

East-West Connector Study, Thoroughfare Plan Amendment) to amend Section 7.0 - Thoroughfare Plan to change the designation of Sagebrush Drive between Old Settlers Road and Long Prairie Road (FM 2499) to an Urban Collector, with the Urban Collector cross-section of Sagebrush Drive being modified to require medians and turn lanes at certain specified intersections, and possibly add an Urban Collector roadway between Long Prairie Road (FM 2499) at its intersection with Firewheel Drive extending in a generally northwesterly direction to connect with Old Settlers Road near Peacock Park; and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended denial by a vote of 5 to 1 at its October 28, 2013, meeting. The Transportation Commission recommended to change the designation of Sagebrush to an Urban Collector by a vote of 6 to 0; to modify the urban collector section to include medians at specified locations and eliminate the westbound right turn lane at Old Settlers by a vote of 4 to 3; and to eliminate the Firewheel Extension by a vote of 5 to 1 at its October 8,



2013, meeting.)

Staff Presentation

Mr. Powell gave a presentation identifying or noting: background information leading up to how we got here, noting an East and

West connector study is how it started out even though the focus is on Sagebrush

daily traffic counts, noting there is a 32% reduction during non-school hours existing and prescriptive right-of-way overhead utilities and power poles underground utilities existing fences access and homes in the area recommendations as presented by P & Z, PALS, and the Transportation

Commission photographs of Sagebrush and existing conditions, noting the lack of

pedestrian facilities proposed cross sections and turn lanes Sagebrush recommendations in various sections of the roadway, noting it

hasn’t been final designed so there are opportunities to do things that slow down traffic, including adding some trees

street classifications and how the street has evolved to an urban collector future plans for the high school (9th grade campus) there were many options that were discussed - and the focus will be on three:

1. residential street 2. leave it the way it is 3. modified urban collector, which adds necessary elements for traffic

calming in each one of these there is right-of-way width, pavement width, curb and

gutter, sidewalks, traffic calming, capacity, and he provided a graphic as to how it looks for each

there are three components associated with Sagebrush at various locations traffic calming options, including the option for medians and trees trail options correspondence received

His presentation is as follows:



Walker: Asked for clarification that the bottom slide was recommended by Kimley-Horn & Transportation. Powell: Yes, and it is what the Transportation Commission recommended (the modified urban collection). P & Z recommended not bringing forward that recommendation. Walker: Asked for clarification as to what is the modification from a standard urban collector.



Powell: The modification is really dealing with the lanes. Typically they would be 13. We think we can get them down to 12 and to fit in the 55 feet in between the power poles. It’s also about what happens in the Parkway. He pointed out the plans are a conceptual design. Issues still need to be worked out with the design plan. If we did go forward we would suggest that it follow the same process as it did with West Windsor with neighborhood meetings to look at the plans as they are going along, including meeting with them in a series of meetings as the plans are designed. Walker: Clarified that staff and the Transportation Commission is recommending the modified urban collector. One of the issues that continued through both of those hearings was the drag strip and the safety, and then the calming design. He asked Mr. Powell to demonstrate how the calming affect will tend to reduce this speeding and drag strip phenomenon. Powell: Studies have shown that when you have those vertical elements it causes people to slow down. It gives drivers visual clues that prevent speeding. Wise: For the picture with the westernmost intersection and the additional lanes that are proposed, my question is the center lane that looks like it’s going to go straight to the school. What is the purpose of that being there, as it seems like one of the other two lanes could serve the same purpose, and it appears that lane only has a purpose one or two hours a day during school hours. I have seen places where a lane will go straight and turn, normally controlled by the light timing. I was wondering if that additional lane eats into the right-of-way or does more right-of-way have to be acquired to do that. Hotelling: It is in the right-of-way. We’ve worked on this corner of the intersection. Originally we had wider lanes in a wider median and the sidewalk portion went over the right-of-way. We worked at this, adjusting the lanes to fit everything within the right-of-way. Powell: What happens, especially with that ninth grade drop off, people get very impatient and although it is for peak hours, people wanting to turn left versus turn right versus go straight, we think it can work and in the long run it will have a benefit. We think we can do it without really destroying the adjacent properties. It is a different condition that is out there today but he recollected the bus coming around the corner picture. It’s hard right now to not have all those lanes. Webb: The thought I had was if you could scale it back, that’s probably a good idea. Taking Sagebrush, especially the part that is west of Devonshire and making that whole section from Devonshire West one way West. That would allow Devonshire and that whole subdivision to continue to exit out to 2499 as they do today, or if they go north out the other way that fine. He requested Mr. Powell talk about that and noted it’s a drastic change. He pointed out that drivers will find a new way so if we were to entertain something like that, grant it there would be some disruption on the local residents along Sagebrush. Where do you see that traffic going and flowing?



Powell: Demonstrated traffic flow patterns on a map and noted what the Transportation Commission was looking at, as well as the consultants, and felt pretty certain that it really is too long to be one way and it would inconvenience a lot of people. In addition, it doesn’t provide that East and West connector. There is too much distance between Churchill and 3040, and the use of the high school, and even Wellington, not to have another road. If you’re not going to punch through Firewheel Drive, then Sagebrush, by default, really is going to become that roadway. I think it’s going to continue to do that. Hotelling: In addition, anybody West of Devonshire, any time they left their neighborhood they would have to go West, so any time they came back they would always have to go through 2499 and Sagebrush to come back through the neighborhood to go back to their homes and that would be inconvenient for the residents that live West of Devonshire. Powell: In reading the correspondence there are a lot of people that have lived on the road for a long time. I do feel like their concern is that it was never supposed to be a through Street. Then when the high school was built traffic was going to go out to Churchill. There are a lot of good historical points; however, the problem today is it is a through Street. The high school is there. We think it’s going to get worse with the ninth grade drop off center. It doesn’t alleviate what happened in the past but what is going to happen today. If you drive the area, it really is a roadway that needs to be upgraded. Hayden: Asked if he knew when the road was built and what kind of traffic it was originally designed for. Powell: We believe it’s been there since the 1970s and he pointed out at that time there were many roads built like this. He gave the example of Dixon and Waketon. Hayden: Is this road safe for 4200 cars a day and with the expectation that there will be even more traffic in the future? Powell: If you look at functionality it’s between a big thoroughfare and Old Settlers carries a lot of traffic, and it is really not designed for that. Hotelling: 11 foot lanes if it’s 22 are typically safe. You do have some delivery trucks and buses that pass each other that make it uncomfortable to be out there. Is it completely unsafe? No. But is it uncomfortable? Yes.

Mayor Hayden opened the Public Hearing for items 3 and 4 at 8:25 p.m.

Public Participation (names listed below are not necessary in the order in which they spoke)

Linda Martin, 2849 Sagebrush, Flower Mound, TX 75022 Ms. Martin noted that everyone in the neighborhood wants some improvement, however, with the least impact. She indicated she is a realtor and is concerned that if



the urban collector route is taken it will impact property values. She questioned if anyone could show them a situation where there was a similar subdivision such as theirs and what happened once the road became an urban collector, preferably in Flower Mound.

Dottie Kammerer, 2869 Sagebrush, Flower Mound, TX 75022 Ms. Kammerer stated she is not in favor of the urban collector. She is for improvements on the street as well as sidewalks and the trail to make it safer. She would like to see some type of grass area between the street and sidewalk so the kids aren’t put in the street. She noted she has a 30’ magnolia tree and she is concerned as to what will happen to the roots of the tree if it gets widened to an urban collector. If changes are forthcoming they need to be with the most minimal impact.

Christine Howard, 2900 Sagebrush Dr, Flower Mound, TX 75022 Ms. Howard indicated she is against the urban collector. She recognizes something has to be done to the street. She was in favor of an improved street with sidewalks and trails, however, not 8’ wide.

Tad Marko, 2829 Sagebrush Dr, Flower Mound, TX Mr. Marko stated his preference is to try and minimize the impact of what is to be done. He stated not having heard many unconventional solutions, and even the conventional solutions haven’t been fully discussed. He indicated he hasn’t heard anything about what will help those homeowners that have to back out into Sagebrush when accessing the road. He suggested disconnecting Sagebrush where it is no longer a through street.

Stacey Jarmon, 3108 Jaclamo St, Flower Mound, TX 75022 Ms. Jarmon stated she attended the Transportation meetings. Please take into account the residents that do use Sagebrush. She asked that the Council look at the facts from the traffic study counts and the fact that the future ninth grade center is coming. When you’re talking about right-of-ways, you’re talking about ditches that aren’t really used anyway.

Maxie St. Cyr, 3200 Sagebrush Dr, Flower Mound, TX 75022 Ms. Cyr stated the problem they are seeing is that other urban collectors don’t abut driveways. We do want a safer road that is a little wider and we want sidewalks. The biggest issue is backing out of our driveways and if the road is too wide people will drive faster.

Anita and Raymond Didier, 3104 Sagebrush Dr, Flower Mound, TX 75022 Mr. Didier spoke against Sagebrush as an urban collector because it presents an unsafe situation with people backing out into the street. Also, if sidewalks are added homeowners exiting their property would have to watch for pedestrians on the sidewalks.

Don McDaniel, 3801 Hide A Way, Flower Mound, TX Mr. McDaniel pointed out Sagebrush is unsafe and it needs to be made safer and more accessible.



Janvier Scott, 2829 Bob White Ln, Flower Mound, TX 75022 Ms. Scott indicated the Firewheel extension affects her. She indicated she is against the Firewheel extension because of the property value impact, and cost to put in.

Michael and Linda Thornley, 2969 Sagebrush Dr, Flower Mound, TX Mr. and Mrs. Thornley indicated they were in favor of sidewalks. For the speeding issue she liked the idea of making the street a school zone speed at certain times. Mr. Thornley pointed out that he witnessed a school bus have a head on collision with another vehicle, so something needs to be done. He spoke against the major urban connector and if expanded it will be inviting cars. He stated being acceptable to just the two lanes.

Richard and Debra Heinsius, 3004 Sagebrush Dr, Flower Mound, TX Ms. Heinsius recollected a recent accident they experienced in front of their home. She also stated their mailbox has been hit four times. They expressed interest in putting in things that calm traffic, however, they don’t believe they need a 12 foot median, however, there needs to be a modifier applied. Options such as reducing the median and reducing it to one sidewalk would be acceptable.

Tom Marshall, 3200 Heatfield Dr, Flower Mound, TX Mr. Marshall commented the notification process is broken. The residents on Sagebrush first became aware of this study because of an on line newspaper. We do agree with the P & Z recommendation on item 3 and 4. We do not agree with the Transportation Commission. He pointed out the study conducted does not address Peters Colony. We want an improved two-lane road with sidewalks, but we don’t want the median. We are asking the Town Council to go back to the drawing board and get the input from the residents.

Mark and Jill Tuttle, 3000 Sagebrush Dr, Flower Mound, TX 75022 Ms. Tuttle stated they are against this item. She indicated they don’t believe the Ninth Grade Center will bring more traffic, as it’s the same amount of students that exist today. They want to have a safe street and stated it is unique. She questioned if there is a mixture of options that could be done to deter traffic instead of bringing in more traffic. Mr. Tuttle suggested making all of Sagebrush a school zone. She pointed out that when they moved in buses were not allowed and asked that perhaps that could be revisited. We would like to have at least one sidewalk. We are against the medians. We’re against the turn lanes that will only be needed for an hour and a half a day for the schools and unnecessarily take property for the right-of-way. Hayden: You have to build the road for the busiest time of day. I learned that when we were talking about the southern part of Gerault. So for trying to find middle ground are you against us trying to put curbs on the side and smooth it out and make it where you won’t tilt over into the bar ditch. Ms. Tuttle commented she believes that invites more traffic. Hayden: As the Town grows we have to find ways for traffic to flow East and West.



R. B. Wilson, 3005 Oak Meadow Rd, Flower Mound, TX 75028 Mr. Wilson indicated it is his recommendation, given the extracurricular activity at the high school, that there is a safety issue where the Town has to expand the street. The improvements are needed and the medians are needed, however, not as wide as presented. He pointed out that at times the road gets backed up to Old Settlers. He noted the multi-use trail system should be parallel where you only need one sidewalk once the trail system is introduced.

Simon Hollinghurst, 3011 Sagebrush Dr, Flower Mound, TX 75022 Mr. Hollinghurst spoke for sidewalks on Sagebrush as the goal of everyone is to make the street safer but to minimize the impact for the homeowners.

Tami Ryan, 3109 Gremar St, Flower Mound, TX Ms. Ryan noted that if a median is going to slow the drivers down then that is a good thing. She stated if you’re just asking for a two lane straight road people are going to speed. She stated her biggest concern is the Firewheel extension as there is no reason to add a connection to Old Settlers.

Sharon Gentry, 2750 Bob White Ln, Flower Mound, TX 75022 Ms. Gentry noted the Firewheel area is a part of this issue. She pointed out having seen Peacock Park flood on three occasions. She said she can’t imagine how the Town would justify building a bridge in a flood plain which dead ends into Old Settlers. She said this has been brought up three times in the past, however, it never moved forward because the Town didn’t deem it as feasible to take the road through this long wide floodplain at Old Settlers. She pointed out some of the consequences that might follow as a result of it coming through. She requested removal of the Firewheel connection as part of the discussion from the master plan.

Mayor Hayden closed the Public Hearing at 9:36 p.m. and summarized the consensus of the majority of speakers is to do the road improvements, however, with minimal impact to the homeowners, and to have the work done in such a way as to not detract from the scenic environment that exists there today.

Town Council recessed at 9:37 p.m. and reconvened at 9:50 p.m.

Mr. Powell reiterated the street presented is a modified collector and there are opportunities to look at other things. What the medians do is add the traffic calming that will slow down the traffic, and furthermore, they will be mountable. He also pointed out that for the modified collector, the median doesn’t have to be 12 feet wide, and noted that what is proposed is within the existing right-of-way where no property is being taken. He reiterated what is being shown is conceptual only. He pointed out various elements that will remain the same even after the road is in. Hayden: Summarized that it is universal that something needs to be done to the road. Powell: While it might not have been recommended to have a sidewalk on both sides,



ADA requirements might dictate otherwise. Powell: Summarized some of the elements with the roadway:

no right-of-ways needed; cost savings is minimal between the various options and he noted the funding

sources for local streets is the General Fund, however, funding sources for a collector street is either the General Fund or the CIP;

most of the trees are within the 55’ so a majority of the trees may be able to be saved;

and traffic calming elements. Powell: Noted that at P & Z there was some discussion about leaving it the way it is and just making the police go out there and enforce it. I think that is bad policy if we’re coming up with a design that the only way it works is to commit the police to be out there forever. We tried to be creative and think outside of the box. That is what this modified section does. Walker: Asked for clarification regarding the notification requirements for public hearings. Powell: The legal requirement for both items was a notice in the paper and that has been done. And if we go forward with this modified collector we would meet with the affected property owners at regular intervals when plans are drawn up. Walker: Clarified the notification process and that the Town wouldn’t notice something like signing a contract for janitorial service, for example. Hayden: This means there would be an opportunity for public input and Council would ultimately approve what the design is going to be. Webb: Commented he heard residents had concern about property values and there is also a concern about safety. He indicated he heard from almost everyone that we have to do something. There are already a lot of cars on this road and traffic has been building. The new ninth grade campus and how it’s configured will add traffic. He stated using the modified route makes sense. He suggested that when staff goes back to work through the details, don’t get stuck on a wide median to support a root ball on a tree dictate what works for that neighborhood. You want some vegetation to encourage folks to slow down, but I don’t think we necessarily have to line it up with a bunch of maples or oaks. For the issue about backing out of driveways – if they are doing it today, they will be when it’s done. I would also ask that you check the ADA requirements and if we can do a sidewalk on one side, let’s do it and reduce the impact to the residents in the area. We need to also be cognizant of the safety of those using the roads (vehicles and pedestrians). Wise: I like the modified version and would like the medians to be as slim as possible. I want to make sure we only use the existing right-of-way that is there. I don’t want to take anyone’s property. For the sidewalks, if there are ADA requirements we should go ahead and place them on both sides and it seems like there is more



popularity for an 8 foot on one side. For the discussion about the medians, there was the idea about moving the medians around to take less of the driveways for the existing people. I would like us to do that in a way to reduce the amount that we take. Dixon: For the Firewheel connection to Old Settlers I thought it ended in about 2007 when Adams Estates went in because it doesn’t make any sense for that to be on the thoroughfare plan because it would go through Peacock Park. All of the options before us tonight were urban collectors so tonight when people are we talking about different things, in my mind I was thinking, well, you want this, but you don’t want an urban collector, but that is what you are talking about. Medians at strategic locations (which is option two) helps the aesthetics and promotes lower speeds, which seems logical and planning meetings with resident input would be important. We can do that. I’ll be looking forward to hopefully coming to a resolution here tonight with Council, and giving direction to staff to move forward with certain parameters where they can come up with good ideas with feedback from the residents. Levenick: When the issue of an unsafe street is brought before us we have an obligation to make the road safe for the residents. She stated being in favor of a designation of an urban collector as it would allow it to be paid for out of the CIP. She is in favor of the medians, however, would ask that they not be 12 feet wide. She pointed out she’s not in favor of taking anyone’s property, however, the Town already owns that property and all that is being done now is improving the roadway. She commented while it might not have been designated as an urban collector on a piece of paper, the road has been used like one as soon as Flower Mound High School went in at the other end of it. She noted not being in favor of closing off the road given its used by many Flower Mound residents. She would like to see sidewalks on both sides of the road because five years later people may realize they don’t have a safe way to cross the road. For item number eight we didn’t talk about trails segment that are part of this motion with Lake Forest Boulevard and Morriss Rd., so I would like to talk about that. For Firewheel I think the general consensus is no one is in favor of that, but it is part of the item and part of the motion so it needs to be discussed, in addition to the other part of item #4 with Morriss Road at Homestead and Lake Forest. Powell: Gave a presentation identifying or noting:

it is a cleanup items in that both of these trail segments are actually built so it really is to get the map current with what is actually constructed

we have talked about the trail as it relates to Sagebrush - it would come up and tie in where SPA2 is and come across

Powell: For the statement about the right-of-way, he clarified on a map the various right-of-ways and he pointed out the prescriptive right-of-way area. Earlier he noted the people own to the street and what he should have said was that the design would fit where the walls are (the prescriptive right-of-way). It’s been the Town’s practice to actually purchase the right-of-way to clear up the title to it, which benefits the property owners because they wouldn’t have to pay taxes on it. It is right-of-way that would need to be acquired because it is prescriptive.



Hotelling: What is being recommended on the trails master plan is that the trail coming out of SPA 2 has a southern connection to it that will continue the trail North, and he pointed out on a map the part that is being recommended as new. There is currently a trail on the north side that would normally handle that function, which is being recommended to be taken away, because it will have the southern connection to it, and along with that connection you would get rid of the mid-block crossing. Then the southern trail takes you to the light where you have the pedestrian signals to cross. For the Firewheel extension there were different alignments considered. He pointed out an option B and then another one that took you up to Sagebrush. Item that took you from Firewheel and connected up into Sagebrush didn’t really take any traffic off of Sagebrush - It just meant you went partway down the street, then you went south. As part of SPA 2 there is already a package road in SPA2 that takes you from Sagebrush that ultimately is to connect you into the Firewheel Drive near where they talked about the Black Walnut going in. That one is already in the plan using the backage road. Now we’re left with two options. Looking at option A and option B, option A actually aligns with the signal at Firewheel so it would have a tendency to draw some of the folks off of Sagebrush. If you look at the East-West connector study it shows either A or B, takes between 30 - 50% of the traffic off of Sagebrush. Option B is closer to the 30% and option A is closer to the 50%. Reason being, if you use option B it’s a right in and right out so you don’t have the benefit of being able to get to the signal to get out to go left. Whereas option A brings you in and takes you to the signal where you can go in any direction you need to go. It was mentioned earlier about the floodplain on the Western end by Peacock Park, which it would need to have a bridge structure. There is a trail segment that would probably go along with that bridge. It is a fairly expensive bridge as it was somewhere around $3.3 million just for the bridge itself, and that would not include any right-of-way purchase, etc. It would also have to go through Firewheel Village so we would end up having to purchase the piece of the fire lane that goes through Firewheel Village from the signal back to where we would continue it on to the West. It does have the effect that it would take traffic off of Sagebrush, however, it would go through some of the more rural and rustic areas of Town and some of the correspondence from the neighborhood demonstrated their view of what they see out the back.

Mayor Pro Tem Dixon moved to approve Master Plan Amendment (MPA13-0007 – East-West Connector Study Thoroughfare Plan Amendment) to amend Section 7.0 - Thoroughfare Plan to change the designation of Sagebrush Drive between Old Settlers Road and Long Prairie Road (FM 2499) to an Urban Collector, with the Urban Collector cross-section of Sagebrush Drive being modified to require medians and turn lanes at certain specified intersections, and adopt an ordinance providing for said amendment. I further move that the Master Plan not be amended at this time to reflect any modifications to the Firewheel Drive extension and any proposed East-West connections. Councilmember Webb seconded the motion. Hayden: inquired about next steps.



Hotelling: If approved, we would do a CIP amendment in December to do a design, which would take several months, and then we would look at the possibility of construction money next fiscal year. Hayden: I would like the resident participation to be similar to what it was when Morriss road was designed.

ORDINANCE NO. 54-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING SECTION 7.0 THOROUGHFARE PLAN OF THE MASTER PLAN BY AMENDING ORDINANCE NO. 24-01, IN PART, WHICH ADOPTED THE MASTER PLAN, THROUGH THE AMENDMENT OF SECTION 7.0 THOROUGHFARE PLAN BY CHANGING THE DESIGNATION OF SAGEBRUSH DRIVE BETWEEN OLD SETTLERS ROAD AND LONG PRAIRIE ROAD (FM 2499) TO AN URBAN COLLECTOR ON THE THOROUGHFARE PLAN MAP ATTACHED TO SAID SECTION 7.0 AS AN APPENDIX, AND BY MODIFYING THE URBAN COLLECTOR CROSS-SECTION FOR SAGEBRUSH DRIVE TO REQUIRE MEDIANS AND TURN LANES AT CERTAIN SPECIFIED LOCATIONS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Walker, Webb, Levenick, Dixon, Wise NAYS: None 4. Public Hearing to consider a request for a Master Plan Amendment (MPA13-0008 –

East-West Connector Study, Parks and Trails Master Plan Amendment) to amend Section 5.0 – Parks and Trails Plan to: possibly add a future 8-foot wide multi-use trail along the north side of Sagebrush Drive between Old Settlers Road and a location approximately 100 feet west of Devonshire Court; add a future 8-foot wide multi-use trail along the south side of Sagebrush Drive between a location approximately 100 feet west of Devonshire Court and Long Prairie Road (FM 2499); delete the trail crossing Sagebrush Drive at a location approximately 100 feet west of Devonshire Court; change the designation of the trail along Homestead Street between Morriss Road and a location approximately 415 feet east of Morriss Road from a “future” 8-foot wide multi-use trail to an existing 8-foot wide multi-use trail; add an existing 8-foot wide multi-use trail segment along Flower Mound Road between Lake Forest Boulevard and Morriss Road; possibly delete the future 8-foot wide multi-use trail along the north side of Sagebrush Drive between Long Prairie Drive (FM 2499) and a location approximately 100 feet west of Devonshire Court; and change the number of trail miles in the Parks and Trails plan to reflect such modifications; and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its October 28, 2013, meeting. The Parks, Arts and Library Services Board recommended approval of the proposal as presented by a vote of 6 to 0 at its October 3, 2013, meeting.)



Staff Presentation

Powell: Item 4 is to move the trail segment that was pointed out and was also discussed by Mr. Hotelling. It’s a trail component of the East-West connector and the idea that we can get a trail across Sagebrush is possible and we will look, but I don’t think we have the ability to do that in the right-of-way.

Councilmember Webb moved to approve Master Plan Amendment (MPA13-0008 – East-West Connector Study, Parks and Trails Master Plan Amendment) to amend Section 5.0 – Parks and Trails Plan to: add a future 8-foot wide multi-use trail along the south side of Sagebrush Drive between a location approximately 100 feet west of Devonshire Court and Long Prairie Road (FM 2499); delete the trail crossing Sagebrush Drive at a location approximately 100 feet west of Devonshire Court; change the designation of the trail along Homestead Street between Morriss Road and a location approximately 415 feet east of Morriss Road from a “future” 8-foot wide multi-use trail to an existing 8-foot wide multi-use trail; add an existing 8-foot wide multi-use trail segment along Flower Mound Road between Lake Forest Boulevard and Morriss Road; delete the future 8-foot wide multi-use trail along the north side of Sagebrush Drive between Long Prairie Drive (FM 2499) and a location approximately 100 feet west of Devonshire Court; and change the number of trail miles in the Parks and Trails plan to reflect such modifications, and adopt an ordinance providing for said amendment. Councilmember Walker seconded the motion.

ORDINANCE NO. 55-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING SECTION 5.0 PARKS AND TRAILS PLAN OF THE MASTER PLAN BY AMENDING ORDINANCE NO. 24-01, IN PART, WHICH ADOPTED THE MASTER PLAN, THROUGH THE AMENDMENT OF SECTION 5.0 PARKS AND TRAILS PLAN BY REVISING THE NUMBER OF MILES OF MULTIUSE TRAILS, BY ADDING AND DELETING CERTAIN TRAIL SECTIONS ALONG AND ACROSS SAGEBRUSH DRIVE AND FLOWER MOUND ROAD (FM 3040) AND BY AMENDING TRAIL SEGMENT DESIGNATIONS ALONG HOMESTEAD STREET BETWEEN MORRISS ROAD AND APPROXIMATELY 415 FEET EAST OF MORRISS ROAD FROM “FUTURE” TO “EXISTING” PAVED MULTI-USE AS REFLECTED ON FIGURE 5.4, “TRAILS MASTER PLAN.” VOTE ON THE MOTION AYES: Walker, Webb, Levenick, Dixon, Wise NAYS: None 5. Public Hearing to consider a request to amend the Town’s SMARTGrowth program

(LDR13-0002) by amending Subparagraphs (b) and (c) of Section 98-74 “Evaluation” of the Code of Ordinances, to remove the preparation of pass/fail worksheets for water and wastewater capacity; and by amending the



“SMARTGrowth implementation manual” by deleting the pass/fail worksheets for treated water supply, water pumping, wastewater treatment, wastewater lift station pumping, and wastewater interceptor capacity from said manual, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 6 to 0 at its October 28, 2013, meeting.)

Staff Presentation

Mr. Powell gave a presentation identifying or noting: back ground information, noting the Town’s been using parallel systems -

one that is the original system, which is paper, and the new one is a model, so we have been using dual systems for the last couple of years. With the SMARTGrowth and P & Zs knowledge and approval, now we’ve had two years of running the two systems. We know the old system still works, but the new system is better. So we’re just deleting the paper and we’re going to continue with the model. We’re not adding anything because we’re already doing the model. We are only changing the method of analysis from paper to computers

Review process is in place for all the stages of development to make sure we have adequate water supply, pumping capacity, sewer capacity, etc.

He described in detail the process associated with each analysis in the various systems

The proposed change involves getting rid of the spreadsheets and going with the model

how the model works and the data points as a result of the model and there is a much more robust analysis that comes from using the model versus the sheets, such as telling you how much capacity is needed

update and calibration for the system is in place the worksheets are duplicate to the modeling there were no comments from the public received

Webb: For the comment about biannually and as completed developments are added - What happens if we have a significant piece of property that gets changed in the master plan and it gets zoned, but it’s not yet completed. How is that reflected for the next project coming in? Powell: As each application comes in, they pay us to update that model. Webb: So we are doing it when a completed development is added. What does that mean? Does that mean it is added when the development is completed, or when it has gone through the application process and then it’s added? Powell: Both ways. We look at both - what is in the pipeline and what is there. Webb: I’m worried about the pipeline. Powell: We look at both. On the actual flows we want to know what is built, but we also look at what’s coming down the pike.



Walker: So the model is updated biannually but you are constantly providing data to the model. Powell: Correct

Mayor Hayden opened the Public Hearing at 10:40 p.m.

Public Participation

Randal Wilson, 3005 Oak Meadow Rd, Flower Mound, TX How does the model accommodate the worse times such as the 100-year flood on wastewater management?

Mayor Hayden closed the Public Hearing at 10:41 p.m.

Powell: One of the biggest issues for sewer systems is inflow and infiltration because if you do have that it can really lead to volumes. That is looked at in calibrated in our model. Parr: We have seven existing flow meters in the wastewater system that monitor continuously so once a year we give that to the people who run our model and they incorporate that inflow and infiltration into the model. That said, we are also spending money where we are identifying points of inflow and infiltration so at the same time we are trying to eliminate them. So those flow meter readings during rain events, and comparing rain events to dry events, is the amount of infiltration and inflow that is coming into the system on an annual basis. That is calculated and thrown into the model for consideration. Walker: And is that part of the biannual update? Parr: Yes.

Councilmember Levenick moved to approve a request to amend the Town’s SMARTGrowth program (LDR13-0002) by amending Subparagraphs (b) and (c) of Section 98-74 “Evaluation” of the Code of Ordinances, to remove the preparation of pass/fail worksheets for water and wastewater capacity; and by amending the “SMARTGrowth implementation manual” by deleting the pass/fail worksheets for treated water supply, water pumping, wastewater treatment, wastewater lift station pumping, and wastewater interceptor capacity from said manual, and adopt an ordinance providing for said amendment. Councilmember Wise seconded the motion.

ORDINANCE NO._56-13 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, BY AMENDING SUBPART B OF THE CODE OF ORDINANCES THROUGH THE AMENDMENT OF CHAPTER 98, “ZONING,” ARTICLE II, “SMARTGrowth PROGRAM,” BY AMENDING SUBPARAGRAPHS (b) AND (c) OF SECTION 98-74, “EVALUATION” TO



REMOVE THE PREPARATION OF PASS/FAIL WORKSHEETS FOR WATER AND WASTEWATER CAPACITY BECAUSE SUCH WORKSHEETS ARE DUPLICITOUS OF THE COMPUTERIZED MODELING UPDATES; AND BY AMENDING THE “SMARTGrowth IMPLEMENTATION MANUAL” BY DELETING THE PASS/FAIL WORKSHEETS FOR TREATED WATER SUPPLY, WATER PUMPING, WASTEWATER TREATMENT, WASTEWATER LIFT STATION PUMPING, AND WASTEWATER INTERCEPTOR CAPACITY FROM SAID MANUAL; MAKING FINDINGS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. VOTE ON THE MOTION AYES: Wise, Dixon, Levenick, Webb, Walker NAYS: None J. COORDINATION OF CALENDARS AND FUTURE AGENDAS/MEETINGS

K./L. CLOSED/OPEN MEETING

The Town Council convened into a closed meeting at 10:44 p.m. on November, 4, 2013, pursuant to Texas Government Code Chapter 551, including, but not limited to, Sections 551.087, 551.072, 551.074, and 551.071 to discuss matters relating to consultation with Town Attorney, pending litigation, real property, personnel, and economic development negotiations and reconvened into an open meeting at 12:32 a.m. on November 5, 2013, to take action on the items as follows:


No action taken.

b. Discuss and consider acquisition and/or lease of real property for municipal purposes and all matters incident and related thereto.

No action taken.


No action taken.



d. Performance review of Town Attorney.

No action taken.

M. ADJOURN REGULAR MEETING

Mayor Hayden adjourned the meeting at 12:33 a.m. on Tuesday, November 5, 2013, and all were in favor.

TOWN OF FLOWER MOUND, TEXAS

_____________________________________ THOMAS E. HAYDEN, MAYOR ATTEST: _______________________________________ THERESA SCOTT, TOWN SECRETARY



CONSENT ITEM


FROM: Theresa Scott, Town Secretary

ITEM: Consider approval of canceling the January 20, 2014, regular meeting of the Town Council.

BACKGROUND INFORMATION: The Town Council meets regularly on the first and third Mondays of each month. Staff recommends canceling the January 20, 2014, meeting due to the observance of Martin Luther King, Jr. Day. Town offices will be closed for this holiday. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: N/A Proposed Expenditure: Account Number(s):

Finance Review by: N/A LEGAL REVIEW: N/A ATTACHMENTS: 1. Draft cancelation notice of the January 20, 2014, Town Council meeting RECOMMENDATION: Move to approve canceling the January 20, 2014, regular meeting of the Town Council. .

Page 40 of 555

Attachment 1

NOTICE OF MEETING CANCELATION FLOWER MOUND TOWN COUNCIL

FLOWER MOUND, TEXAS

NOTICE IS HEREBY GIVEN THAT THE REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, SCHEDULED FOR MONDAY, JANUARY 20, 2014, HAS BEEN CANCELED DUE TO THE OBSERVANCE OF MARTIN LUTHER KING, JR. DAY; TOWN OFFICES WILL BE CLOSED FOR THIS HOLIDAY. I HEREBY CERTIFY THAT THIS NOTICE OF MEETING CANCELATION WAS POSTED ON THE BULLETIN BOARD OF TOWN HALL, 2121 CROSS TIMBERS ROAD, FLOWER MOUND, TEXAS, IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE, CHAPTER 551, ON THE 3RD DAY OF DECEMBER, 2013, AT 10:30 A.M.

________________________________ Theresa Scott, TOWN SECRETARY

Page 41 of 555


CONSENT ITEM


FROM: Mark Wood, Director of Economic Development

ITEM: Consider approval of the 2013 Annual Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code.

BACKGROUND INFORMATION: On September 19, 2005, the Flower Mound Town Council established the TIRZ #1 by creating the zone, a Board of Directors, and a TIRZ fund. At the November 18, 2013, TIRZ #1 Board meeting, the Board voted unanimously to approve the 2013 Annual Report. The Annual Report provides a summary of the action steps taken by the Board of Directors and the Town Council for fiscal year 2012-2013. It also outlines the net taxable value and captured appraised value within the zone as well as the increment for fiscal year 2012-2013, which is $1,820,889. The Annual Report is required by law to be filed annually with Denton County and the Comptroller of Public Accounts in Austin before the 90th day following the end of the fiscal year, which would be on or before December 30, 2013. BOARD REVIEW/CITIZEN FEEDBACK: The TIRZ #1 Board of Directors unanimously approved the 2013 Annual Report at its November 18, 2013, Board meeting. ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: N/A Proposed Expenditure: Account Number(s):

N/A N/A Finance Review by: N/A LEGAL REVIEW: N/A ATTACHMENTS: 1. 2013 Annual Report RECOMMENDATION: Move to approve the 2013 Annual Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in accordance with Chapter 311 of the Texas Tax Code.

Page 42 of 555

Attachment 1

Flower Mound TIRZ #1 Annual Report 2013

-1-

Town of Flower Mound, Texas

Tax Increment Reinvestment Zone #1

(TIRZ #1)

ANNUAL REPORT

2013

Page 43 of 555

Town of Flower Mound, Texas Tax Increment Reinvestment Zone #1

As of September 30, 2013


-2-

INDEX 1) Cover

2) Index

3) Year End Summary of Meetings/Town Council/Board Actions

4) Public Infrastructure/Building Projects

5) Capital Improvement Plan Budget

6) Budget vs. Expenditures

7) TIRZ Fund

8) Annual Report

Page 44 of 555




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YEAR END SUMMARY OF MEETINGS/TOWN COUNCIL/BOARD ACTIONS

During the period from October 1, 2012, through September 30, 2013, the Town of Flower

Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) Board of Directors met on two

occasions. The first meeting was held on November 26, 2012 to approve the 2012 Annual Report

and minutes from the December 5, 2011 TIRZ board meeting as well as discuss the TIRZ Project

Plan. The second meeting was held on March 4, 2013 to consider approval of adding a public

shared drive between Highlands Plaza and The Highlands of Flower Mound shopping centers to

the TIRZ Project Plan and providing funding in the not-to-exceed amount of $180,000 for said

project, as well as approve the minutes from the November 26, 2012 meeting.

Board members have been appointed and are: Town—Bill Collins, Jim Robertson, Bryan Webb

and County—Larry Lipscomb and Robert Rose. Ex-Officio members are Mayor Tom Hayden

and Town Manager Jimmy Stathatos.

During the period from October 1, 2012, through September 30, 2013, the Flower Mound Town

Council took the following action:

• At its meeting on December 17, 2012, the Town Council approved the 2012 Annual

Report for the Flower Mound Tax Increment Reinvestment Zone #1 (TIRZ #1) in

accordance with Chapter 311 of the Texas Tax Code.

• At its meeting on January 7, 2013, the Town Council approved an ordinance amending

the Town’s budget for fiscal year 2012-2013 for adjustments to the TIRZ Fund.

• At its meeting on January 22, 2013, the Town Council appointed Jim Robertson the chair

of the TIRZ board of directors for 2013.

• At its meeting on March 18, 2013, the Town Council approved the addition of a project

to the TIRZ project list and providing funding for said project.

Page 45 of 555




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PUBLIC INFRASTRUCTURE/BUILDING PROJECTS

2013

At the March 18, 2013 meeting, the Town Council approved the addition of a project to the

TIRZ #1 project list and provided funding for said project. The project will create a public shared

drive between the Highlands Plaza and The Highlands of Flower Mound retail developments at

the southeast corner of FM 407 and Chinn Chapel. Without this funding, each development

would maintain separate entrances and there would be no interconnectivity. The Town’s

contribution is up to $180,000 of TIRZ funding, and the Highlands Plaza developer will

contribute the remaining amount of the construction costs.

Page 46 of 555




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CAPITAL IMPROVEMENT PLAN BUDGET Project Estimated Cost

STREETS Dixon Lane (Chinn Chapel to Crestside) $2,798,981 Chinn Chapel (FM 407 to Dixon) 1,387,500 Chinn Chapel (Dixon to Waketon) 1,712,500 Waketon Road (Rippy to Chinn Chapel) 400,000 College Parkway (FM 2499 to Rippy) 800,000 Rippy Road (FM 2499 to Waketon) 2,115,000 Churchill (East end to Yucca) 560,000 Local Commercial ring road (FM 407 to Dixon) 0

Subtotal $9,773,981 SIGNALS College Parkway at FM 2499 $150,000 Windsor at FM 2499 0 Local Commercial ring road at FM 407 0

Subtotal $150,000 WATER FM 2499 west side from FM 1171 to Dixon $1,175,000 FM 407 from FM 2499 to Country Meadows Addition 557,000 FM 2499 east side from Waketon to Valley Creek Church 145,000

Subtotal $1,877,000 WASTEWATER FM 2499 east side from Valley Creek Church to Dixon $0 FM 407 from FM 2499 to County Meadows Addition 0

Subtotal $0 FACILITIES Town Hall $12,000,000 Senior Citizen Activity Center 8,000,000

Performing Arts Auditorium 10,000,000 Subtotal $30,000,000

PARKS Timber Trails Park $200,000 Hike and Bike Trails 400,000

Subtotal $600,000

Improvements in Forum (Riverwalk) area $5,000,000 Subtotal $5,000,000

Other Projects $1,019,019 Town Center Master Plan $100,000 Retail Developments Shared Drive at FM 407 and Chinn Chapel $180,000

TOTAL $48,700,000

Page 47 of 555




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BUDGET VS EXPENDITURES Project Current

Budget Expended Costs to

Date

Remaining Balance

STREETS

Dixon Lane (Chinn Chapel to Crestside) $2,798,981 $2,685,267 $113,714 Chinn Chapel (FM 407 to Dixon) 1,387,500 859,148 528,352 Chinn Chapel (Dixon to Waketon) 1,712,500 0 1,712,500 Waketon Road (Rippy to Chinn Chapel) 400,000 0 400,000 College Parkway (FM 2499 to Rippy) 800,000 0 800,000 Rippy Road (FM 2499 to Waketon) 2,115,000 0 2,115,000 Churchill (East end to Yucca) 560,000 0 560,000 Local Commercial ring road (FM 407 to Dixon) 0 0 0

Subtotal $9,773,981 $3,544,415 $6,229,566 SIGNALS

College Parkway at FM 2499 $150,000 0 $150,000 Windsor at FM 2499 0 0 0 Local Commercial ring road at FM 407 0 0 0

Subtotal $150,000 $0 $150,000 WATER

FM 2499 west side from FM 1171 to Dixon $1,175,000 $0 $1,175,000 FM 407 from FM 2499 to Country Meadows Addition 557,000 438,039 118,961 FM 2499 east side from Waketon to Valley Creek Church 145,000 0 145,000

Subtotal $1,877,000 $438,039 $1,438,961 WASTEWATER

FM 2499 east side from Valley Creek Church to Dixon $0 $0 $0 FM 407 from FM 2499 to County Meadows Addition 0 0 0

Subtotal $0 $0 $0 FACILITIES

Town Hall $12,000,000 $0 $12,000,000 Senior Citizen Activity Center 8,000,000 0 8,000,000 Performing Arts Auditorium 10,000,000 0 10,000,000

Subtotal $30,000,000 $0 $30,000,000 PARKS

Timber Trails Park $200,000 $0 $200,000 Hike and Bike Trails 400,000 0 400,000

Subtotal $600,000 $0 $600,000

Improvements in Forum (Riverwalk) area $5,000,000 $0 $5,000,000 Subtotal $5,000,000 $0 $5,000,000

Other Projects $1,019,019 $0 $1,019,019 Town Center Master Plan $100,000 $50,685 $49,315 Retail Developments Shared Drive at FM 407 and Chinn Chapel $180,000 $0 $180,000

TOTAL $48,700,000 $4,033,139 $44,666,861

Page 48 of 555




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TIRZ FUND

CAPITAL DEBT

PROJECTS SERVICE TOTAL

Beginning Balance: October 1, 2012 $4,307,463 $ 0 $4,307,463

Revenues:

Property Tax $1,820,889 $ 0 $1,820,889 Interest $15,706 $ 0 $15,706 TOTAL REVENUES $1,836,595 $ 0 $1,836,595

Expenditures: Land Purchases $516 $ 0 $516 Professional Services $103,674 $ 0 $103,674

Construction/Improvements $563,444 $ 0 $563,444 TOTAL EXPENDITURES $667,634 $ 0 $667,634 Ending Balance: September 30, 2013 $5,476,424 $ 0 $5,476,424

*

* Unaudited, subject to change.

Page 49 of 555




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ANNUAL REPORT

Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIRZ District. Information is contained in detail on the attached financial statements.

1. Amount and source of revenue in the tax increment fund established for the zone: $1,836,595 Total Revenue

2. Amount and purpose of expenditures from the fund:

$667,634 Total Expenditures

3. Amount of Principal and Interest due on outstanding indebtedness is as follows:

I. Contributions /Advances from developers—none. II. Bonds issued and payment schedule to retire bonds—none.

4. Tax Increment base and current captured appraised value retained by the zone:

Taxing Jurisdiction

Net Taxable Fiscal Year Value

2012 - 2013

Base Year* Value

Jan 1, 2005

Captured App. Value Fiscal Year 2012 - 2013

Town of Flower Mound $474,400,762 $228,290,889 $246,109,873 Denton County $509,896,485 $229,382,705 $280,513,780

5. Captured appraised value by the municipality and other taxing units, the total amount of

the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment financing plan adopted by the governing body of the municipality. A. Captured appraised value shared by the municipality and other participating taxing

jurisdictions received in Fiscal Year 2012-2013:

Taxing Jurisdiction

Participation Per $100/Value

Amount of 2012-2013 Increment

Town of Flower Mound (100%) $ 0.449700 $1,106,756 Denton County (90%) $ 0.282867 $714,133

Total $ 0.732567 $1,820,889 B. Amount of tax increment received in 2013 from the municipality and the other taxing

jurisdictions based on 2012 valuations: $1,820,889 C. Other information: None

* Base Year Value as of January 1, 2005 is for Fiscal Year 2005-2006.

Page 50 of 555


REGULAR ITEM


FROM: Tammy Wilson, Executive Director of Financial Services

ITEM: Town Council acting as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District to consider approval of a resolution amending the Town of Flower Mound Crime Control and Prevention District budget for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014, as adopted by Resolution No. 23-13.

BACKGROUND INFORMATION: At the March 3, 2008 Town Council meeting, the Town Council acting as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District (“Crime District”), adopted alternative budget procedures for the Crime District which follows similar procedures and dates as the Town’s annual budget.

The attached budget amendment represents an adjustment of the FY 2013-2014 Crime District Budget. According to Section 12 of Resolution No. 06-08, “During the fiscal year, the Town Council shall have the power to transfer funds allocated by the budget from one department to another department, and to re-estimate revenues and expenditures.” This budget amendment is to re-appropriate the balances of outstanding purchase orders for Items or services ordered but not received by September 30, 2013. In the Crime District Fund, expenditures will increase by $22,996.02. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: $22,996.02

Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Ed Voss, of Brown & Hofmeister, L.L.P., has reviewed this Resolution as to form and legality. ATTACHMENTS: 1. Proposed Resolution RECOMMENDATION: The Town Council acting, as the Board of Directors for the Town of Flower Mound Crime Control and Prevention District, moves to approve a resolution amending the Town of Flower Mound Crime Control and Prevention District budget for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014, as adopted by Resolution No. 23-13.

Proposed Expenditure: Account Number(s):$22,996.02 Fund 318 Crime District Fund

Page 51 of 555

Attachment 1


RESOLUTION NO. _____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT, AMENDING THE BUDGET FOR THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014, AS ADOPTED BY RESOLUTION NO. 23-13; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Flower Mound, Texas (“Town Council”), acting as the Board of Directors of the Town of Flower Mound Crime Control and Prevention District (“Crime District”), has adopted procedures for adopting and amending a budget for the Crime District that are different from the procedures for a local government outlined in Texas Local Government Code Section 363.204, as permitted by such section; and

WHEREAS, the Town Council, acting as the Board of Directors of the Crime District, in accordance with the procedures adopted therefore, adopted a budget to cover all proposed expenditures of the Crime District for the fiscal year beginning October 1, 2013, and ending September 30, 2014 (“Crime District Budget”); and WHEREAS, said Crime District Budget was adopted by Resolution No. 23-13 on September 16, 2013; and

WHEREAS, after approval of said Resolution, unexpected needs have arisen which require amendment of the Crime District Budget adopted thereby. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ACTING AS THE BOARD OF DIRECTORS OF THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT, THAT:

SECTION 1 All of the above premises are hereby found to be true and correct legislative

and factual determinations of the Town of Flower Mound and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety.

Page 52 of 555

RESOLUTION NO. PAGE 2

SECTION 2

The Crime District Budget, for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014, as heretofore adopted by Resolution No. 23-13, is hereby amended to provide for adjustments as shown in Exhibit “A”, attached hereto and incorporated herein.

SECTION 3 The expenditures and amendments authorized by this Resolution are necessary to meet unusual and/or unforeseen conditions or circumstances that could not have been included in the original budget through the use of reasonably diligent thought and attention.

SECTION 4

The Town Manager shall file or cause to be filed two (2) true and correct copies of said amended budget, along with this Resolution, with the Town Secretary, who shall file or cause to be filed one (1) true and correct copy of same in the office of the County Clerk of Denton County, Texas.

SECTION 5 If any section, paragraph, sentence, clause, phrase, or word in this Resolution, or application thereof by any persons or circumstances is held invalid in any Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Resolution; and the Town Council acting as the Board of Directors of the Crime District hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 6 This Resolution shall take effect and be in full force from and after its passage and adoption.

DULY PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ACTING AS THE BOARD OF DIRECTORS FOR THE TOWN OF FLOWER MOUND CRIME CONTROL AND PREVENTION DISTRICT BY A VOTE OF _______ TO ______ ON THIS 2nd DAY OF DECEMBER, 2013.

Page 53 of 555


APPROVED: __________________________ Thomas E. Hayden, MAYOR ATTEST: ________________________________________________ Theresa Scott, TOWN SECRETARY APPROVED AS TO FORM AND LEGALITY: ________________________________________________ Terrence S. Welch, TOWN ATTORNEY

Page 54 of 555


EXHIBIT “A”

Town of Flower Mound Crime Control and Prevention District

Amended Budget Fiscal Year 2013-2014

REASON FOR ADJUSTING THE CRIME DISTRICT FUND APPROPRIATION:

The Crime District Fund, expenditures will increase by $22,996.02 from $2,147,914 to $2,170,910.02, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013.

Original Current Amended Increase /Crime District Fund Budget Budget Budget (Decrease)

Expenditures:Police Services 2,147,914$ 2,147,914$ 2,170,910.02$ 22,996.02$

Total 2,147,914$ 2,147,914$ 2,170,910.02$ 22,996.02$

Page 55 of 555


CONSENT ITEM



ITEM: Consider approval of an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning October 1, 2012, and ending on September 30, 2013, as adopted by Ordinance No. 40-12 and amended by Ordinance No. 56-12, Ordinance No. 01-13, Ordinance No. 24-13 and Ordinance No. 42-13, for adjustments to the General Fund, General Debt Service Fund, Utility Fund, Stormwater Utility Fund, Department of Justice Seizure Fund, and the Health Insurance/Flex Account Fund.

BACKGROUND INFORMATION: The attached budget amendment represents the final proposed adjustment of the FY 2012-2013 Annual Budget. According to Section 9.14 of the Town Charter, “During the fiscal year, the Town Council shall have the power to transfer funds allocated by the budget from one department to another department, and to re-estimate revenues and expenditures.” Transfers such as these are presented to the Town Council throughout the fiscal year in an effort to resolve variances from the Annual Budget and reallocate resources to cover unanticipated expenditures. The year-end budget amendment request allows staff to adjust the financial reports to ensure that expenses do not exceed the approved budget at the departmental level. A discussion of the adjustments being requested in this budget amendment is provided below. General Fund In the General Fund, revenues will increase by $700,000, from $43,194,327 to $43,894,327, and expenditures will increase by $88,500, from $43,254,734 to $43,343,234. Revenues will increase due to Co-Serv Electric changes their franchise payments from annually to quarterly causing a one-time bump in franchise payments, and due to higher sales tax revenues than expected. The expenditure reallocation and increase is necessary due to reorganizations, personnel changes and retirements that have occurred during the year. General Debt Service Fund In the General Debt Service Fund, revenues will increase by $2,167,183, from $8,457,641 to $10,624,824, and expenditures will increase by $2,167,183, from $8,463,558 to $10,630,741. In August, the Town issued general obligation refunding bonds for the current refunding of a portion of the Town’s tax supported bond issues, lowering overall debt service requirements. The increase in revenue is due to the proceeds and the increase in expenditures is due to the refunding payment to escrow. Utility Fund In the Utility Fund, the expenditure reallocation is necessary due to reorganizations, personnel changes and retirements that have occurred during the year, and unexpected expenditures associated with Upper Trinity Regional Water District. Stormwater Utility Fund In the Stormwater Utility Fund, revenues will increase by $60,000, from $1,193,494 to $1,253,494, and expenditures will increase by $35,000, from $1,193,682 to $1,228,682. Revenues will increase

Page 56 of 555

for drainage permit fees due to increased development. The expenditure increase is necessary due to reorganizations, personnel changes and retirements that have occurred during the year. Department of Justice Seizure Fund In the Department of Justice Seizure Fund, expenditures will increase by $48,178, from $0 to $48,178. The expenditure is due allocating the different types of seizure/forfeiture revenue the Police Department receives into separate funds. Accounting for each type separately makes the required reporting more accurate. Health Insurance/Flex Account Fund In the Health Insurance/Flex Account Fund, revenues will increase by $1,333,000, from $6,234,612 to $7,567,612, and expenditures will increase by $1,266,500, from $6,239,806 to $7,506,306. The increase in revenues is due to the Town receiving higher reinsurance revenues and premiums which covered the higher healthcare expenditures. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: Proposed Revenue: Account Number(s):

$ 700,000 2,167,183 0 60,000 0 1,333,000

General Fund General Debt Service Fund Utility Fund Stormwater Utility Fund Department of Justice Seizure Fund Health Insurance/Flex Account Fund

Proposed Expenditure: Account Number(s):

$ 88,500 2,167,183 0 35,000 48,178 1,266,500

General Fund General Debt Service Fund Utility Fund Stormwater Utility Fund Department of Justice Seizure Fund Health Insurance/Flex Account Fund

Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Edwin P. Voss, Jr., of Brown and Hofmeister, L.L.P., has reviewed this Ordinance as to form and legality. ATTACHMENTS: 1. Proposed Ordinance

RECOMMENDATION: Move to approve an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning on October 1, 2012, and ending on September 30, 2013, as adopted by Ordinance No. 40-12 and amended by Ordinance No. 56-12, Ordinance No. 01-13, Ordinance No. 24-13 and Ordinance No. 42-13, for adjustments to the General Fund, General Debt Service Fund, Utility Fund, Stormwater Utility Fund, Department of Justice Seizure Fund, and the Health Insurance/Flex Account Fund.

Page 57 of 555

Attachment 1


ORDINANCE NO. _____

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE TOWN’S BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2012, AND ENDING ON SEPTEMBER 30, 2013, AS ADOPTED BY ORDINANCE NO. 40-12 AND AMENDED BY ORDINANCE NO. 56-12 AND ORDINANCE NO. 01-13 AND ORDINANCE NO. 24-13, AND ORDINANCE NO. 42-13 BY PROVIDING FOR ADJUSTMENTS TO THE GENERAL FUND, GENERAL DEBT SERVICE FUND, UTILITY FUND, STORMWATER UTILITY FUND, DEPARTMENT OF JUSTICE SEIZURE FUND AND HEALTH INSURANCE/FLEX FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, AS AMENDED; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Flower Mound has heretofore adopted its Annual Budget for the fiscal year beginning on October 1, 2012, and ending on September 30, 2013; and

WHEREAS, said Annual Budget was adopted by Ordinance No. 40-12 on September 17, 2012, and amended by Ordinance No. 56-12 and Ordinance No. 01-13 and Ordinance No. 24-13 and Ordinance No. 42-13; and after approval of said Ordinances, unexpected needs have arisen which require amendment of the Annual Budget adopted thereby.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:

SECTION 1

The Annual Budget of the Town of Flower Mound, Texas, for the fiscal year

beginning on October 1, 2012, and ending on September 30, 2013, as heretofore adopted by Ordinance No. 40-12 and amended by Ordinance No. 56-12 and Ordinance No. 01-13 and Ordinance No. 24-13 and Ordinance No. 42-13, is hereby amended to provide for adjustments to the General Fund, General Debt Service Fund, Utility Fund, Stormwater Utility Fund, Department of Justice Seizure Fund and the Health Insurance/Flex Account Fund, as shown in Exhibit “A,” attached hereto and incorporated herein.

SECTION 2

The expenditures and amendments authorized by this Ordinance are necessary to

meet unusual and/or unforeseen conditions or circumstances that could not have been included in the original budget through the use of reasonably diligent thought and attention.

Page 58 of 555

Attachment 1

ORDINANCE NO. PAGE 2

SECTION 3

All ordinances, orders or resolutions heretofore passed and adopted by the Town Council of the Town of Flower Mound, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith.

SECTION 4 It is hereby declared to be the intention of the Town Council of the Town of Flower Mound that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Flower Mound, Texas, without incorporation in this Ordinance of such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION 5

This Ordinance shall take effect and be in full force from and after its passage and adoption.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF TO , ON THIS 2nd DAY OF DECEMBER, 2013.

APPROVED:

Thomas E. Hayden, MAYOR

ATTEST: ___________________________________________ Theresa Scott, TOWN SECRETARY

Page 59 of 555

Attachment 1

ORDINANCE NO. PAGE 3 APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, TOWN ATTORNEY

STATE OF TEXAS § §

COUNTY OF DENTON §

BEFORE ME, _______________________, Notary Public, on this day personally appeared Thomas E. Hayden, the Mayor of the Town of Flower Mound, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed.

Given under my hand and seal of office this _____ day of _________, 2013.

__________________________________________

NOTARY PUBLIC in and for the State of Texas

My Commission Expires: ______________________

Page 60 of 555

Attachment 1

EXHIBIT “A”

Town of Flower Mound Amended Budget

Fiscal Year 2012-2013

REASON FOR ADJUSTING THE GENERAL FUND APPROPRIATION:

In the General Fund, revenues will increase by $700,000, from $43,194,327 to $43,894,327, and expenditures will increase by $88,500, from $43,254,734 to $43,343,234. Revenues will increase due to Co-Serv Electric changes their franchise payments from annually to quarterly causing a one-time bump in franchise payments, and due to higher sales tax revenues than expected. The expenditure reallocation and increase is necessary due to reorganizations, personnel changes and retirements that have occurred during the year.

Original Current Amended Increase /General Fund Budget Budget Budget (Decrease)

Revenues:Taxes 35,221,404$ 35,221,404$ 35,921,404$ 700,000$ Licenses, Permits and Fees 1,548,804 1,548,804 1,548,804 - Intergovernmental Revenue 322,863 322,863 322,863 - Charges for Services 2,545,514 2,545,514 2,545,514 - Fines and Forfeits 1,177,387 1,177,387 1,177,387 - Investment Earnings 34,080 34,080 34,080 - Other Revenue 636,873 636,873 636,873 - Transfers In 1,707,402 1,707,402 1,707,402 -

Total 43,194,327$ 43,194,327$ 43,894,327$ 700,000$

Expenditures:Town Manager's Office 672,566$ 672,566$ 1,370,527$ 697,961$ Legislative Services 439,592 439,592 449,592 10,000 Development Services 1,615,027 1,615,027 1,545,027 (70,000) Community Services 6,840,429 6,840,429 6,775,429 (65,000) Police Services 10,200,020 10,200,020 10,360,020 160,000 Financial Services 7,619,401 7,619,401 3,116,046 (4,503,355) Administrative Services - - 4,168,894 4,168,894 Fire and Emergency Services 8,158,233 8,158,233 8,068,233 (90,000) Community Relations 656,460 656,460 656,460 - Non-Departmental Services 2,567,905 2,567,905 2,642,905 75,000 Infrastructure Services 4,485,101 4,485,101 - (4,485,101) Public Works - - 2,996,422 2,996,422 Environmental Services - - 1,193,679 1,193,679

Total 43,254,734$ 43,254,734$ 43,343,234$ 88,500$

Page 61 of 555

Attachment 1

EXHIBIT “A”



REASON FOR ADJUSTING THE GENERAL DEBT SERVICE FUND APPROPRIATION:

In the General Debt Service Fund, revenues will increase by $2,167,183, from $8,457,641 to $10,624,824, and expenditures will increase by $2,167,183, from $8,463,558 to $10,630,741. In August, the Town issued general obligation refunding bonds for the current refunding of a portion of the Town’s tax supported bond issues, lowering overall debt service requirements. The increase in revenue is due to the proceeds and the increase in expenditures is due to the refunding payment to escrow.

Original Current Amended Increase /General Debt Service Fund Budget Budget Budget (Decrease)

Revenues:General Debt Service 8,457,641$ 8,457,641$ 10,624,824$ 2,167,183$

Total 8,457,641$ 8,457,641$ 10,624,824$ 2,167,183$

Expenditures:General Debt Service 8,463,558$ 8,463,558$ 10,630,741$ 2,167,183$

Total 8,463,558$ 8,463,558$ 10,630,741$ 2,167,183$

REASON FOR ADJUSTING THE UTILITY FUND APPROPRIATION:

In the Utility Fund, the expenditure reallocation is necessary due to reorganizations, personnel changes and retirements that have occurred during the year, and unexpected expenditures associated with Upper Trinity Regional Water District.

Original Current Amended Increase /Utility Fund Budget Budget Budget (Decrease)

Revenues:Charges for Services 33,495,399$ 33,495,399$ 33,495,399$ -$ Penalties, Fines and Forfeits 300,000 300,000 300,000 - Investment Earnings 18,500 18,500 18,500 - Other Revenue 91,552 91,552 91,552 -

Total 33,905,451$ 33,905,451$ 33,905,451$ -$

Expenditures:Development Services -$ -$ 1,225,673$ 1,225,673$ Financial Services 1,500,419 1,500,419 1,570,419 70,000 Non-Departmental Services 7,998,224 7,998,224 8,173,224 175,000 Infrastructure Services 24,386,161 24,386,161 - (24,386,161) Public Works - - 22,915,488 22,915,488

Total 33,884,804$ 33,884,804$ 33,884,804$ -$

Page 62 of 555

Attachment 1

EXHIBIT “A”



REASON FOR ADJUSTING THE STORMWATER UTILITY FUND APPROPRIATION:

In the Stormwater Utility Fund, revenues will increase by $60,000, from $1,193,494 to $1,253,494, and expenditures will increase by $35,000, from $1,193,682 to $1,228,682. Revenues will increase for drainage permit fees due to increased development. The expenditure increase is necessary due to reorganizations, personnel changes and retirements that have occurred during the year.

Original Current Amended Increase /Stormwater Utility Fund Budget Budget Budget (Decrease)

Revenues:Charges for Services 1,181,277$ 1,181,277$ 1,241,277$ 60,000$ Penalties, Fines and Forfeits 9,500 9,500 9,500 - Investment Earnings 2,717 2,717 2,717 - Other Revenue - - - -

Total 1,193,494$ 1,193,494$ 1,253,494$ 60,000$

Expenditures:Development Services -$ -$ 211,369$ 211,369$ Infrastructure Services 1,193,682 1,193,682 - (1,193,682) Public Works - - 921,812 921,812 Environmental Services - - 95,501 95,501

Total 1,193,682$ 1,193,682$ 1,228,682$ 35,000$

REASON FOR ADJUSTING THE DEPARTMENT OF JUSTICE SEIZURE FUND APPROPRIATION:

In the Department of Justice Seizure Fund, expenditures will increase by $48,178, from $0 to $48,178. The expenditure is due allocating the different types of seizure/forfeiture revenue the Police Department receives into separate funds. Accounting for each type separately makes the required reporting more accurate.

Original Current Amended Increase /

Department of Justice Seizure Fund Budget Budget Budget (Decrease)

Revenues:Fines and Forfeitures -$ -$ -$ -$ Investment Earnings - - - -

Total -$ -$ -$ -$

Expenditures:DOJ Police Seizures -$ -$ 48,178$ 48,178$

Total -$ -$ 48,178$ 48,178$

Page 63 of 555

Attachment 1

EXHIBIT “A”



REASON FOR ADJUSTING THE HEALTH INSURANCE/FLEX ACCOUNT FUND APPROPRIATION:

In the Health Insurance/Flex Account Fund, revenues will increase by $1,333,000, from $6,234,612 to $7,567,612, and expenditures will increase by $1,266,500, from $6,239,806 to $7,506,306. The increase in revenues is due to the Town receiving higher reinsurance revenues and premiums which covered the higher healthcare expenditures.

Original Current Amended Increase /Health Insurance/Flex Account Fund Budget Budget Budget (Decrease)

Revenues:Charges for Services 6,224,612$ 6,224,612$ 7,557,612$ 1,333,000$ Investment Earnings 10,000 10,000 10,000 - Other Revenue - - - -

Total 6,234,612$ 6,234,612$ 7,567,612$ 1,333,000$

Expenditures:Health Funding 6,239,806$ 6,239,806$ 7,506,306$ 1,266,500$

Total 6,239,806$ 6,239,806$ 7,506,306$ 1,266,500$

Page 64 of 555


REGULAR ITEM



ITEM: Consider approval of an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning October 1, 2013 and ending on September 30, 2014, as adopted by Ordinance No. 45-13 for adjustments to the General Fund, Utility Fund, Stormwater Utility Fund, Chapter 59 Forfeiture/Seizure Fund, IRS Equitable Sharing Fund, Department of Justice Seizure Fund, Neighborhood Improvement Fund, and Vehicle, Equipment & Technology Replacement Fund.

BACKGROUND INFORMATION: The attached budget amendment represents the first proposed adjustment of the FY 2013-2014 Annual Budget. According to Section 9.14 of the Town Charter, “During the fiscal year, the Town Council shall have the power to transfer funds allocated by the budget from one department to another department, and to re-estimate revenues and expenditures.” Transfers such as these are presented to the Town Council throughout the fiscal year in an effort to resolve variances from the Annual Budget and reallocate resources to cover unanticipated expenditures. This budget amendment is to re-appropriate the balances of outstanding purchase orders for items or services ordered but not received by September 30, 2013. Also included in this amendment is $74,000 in the General Fund for the Master Plan update. The Master Plan review was approved by Council resolution on August 5. This is a staff lead effort of community engagement to gauge the public’s opinion on a variety of master plan topics. The review process will continue past the current Fiscal Year and into FY 2013-2014. Direction on moving forward is expected during a Joint Town Council and Planning and Zoning Commission work session on October 17, 2013. Staff expects that funding support will be needed to move forward on any direction given as a result of the meeting. A decision package for the Master Plan update in the amount of $78,000 was approved for the FY 2012-2013 budget. Approximately $4,000 has been spent for the project. This request is to re-appropriate the balance in FY 2013-2014 to complete the project. In the three police seizure funds; Chapter 59 Forfeiture/Seizure Fund; IRS Equitable Sharing Fund; Department of Justice Seizure Fund, expenditures are being reallocated between funds due to allocating the different types of seizure/forfeiture revenue the Police Department receives into separate funds. Expenditures are also increasing because additional funds are available for budgeting due to higher than expected revenue collected during the last few months of FY 2012-2013. In the Vehicle, Equipment & Technology Replacement Fund expenditures will increase by $40,800 for additional technology projects. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A

Page 65 of 555

FISCAL IMPACT: $733,852.66

Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Edwin P. Voss, Jr., of Brown & Hofmeister, L.L.P., has reviewed this Ordinance as to form and legality. ATTACHMENTS: 1. Proposed Ordinance RECOMMENDATION: Move to approve an ordinance amending the Town of Flower Mound’s Annual Budget for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014, as adopted by Ordinance No. 45-13 for adjustments to the General Fund, Utility Fund, Stormwater Utility Fund, Chapter 59 Forfeiture/Seizure Fund, IRS Equitable Sharing Fund, Department of Justice Seizure Fund, Neighborhood Improvement Fund, and Vehicle, Equipment & Technology Replacement Fund.

Proposed Expenditure: Account Number(s):$319,024.93 Fund 100 General Fund

92,648.33 Fund 200 Utility Fund6,356.62 Fund 230 Stormwater Utility Fund

30,045.00 Fund 330 Chapter 59 Forfeiture/Seizure Fund117,500.00 Fund 331 IRS Equitable Sharing Fund

1,310.00 Fund 332 Department of Justice Seizure Fund16,698.00 Fund 375 Neighborhood Improvement Fund

150,269.78 Fund 565 Vehicle, Equipment & Technology Replacement Fund$733,852.66

Page 66 of 555

Attachment 1


ORDINANCE NO. _____

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE TOWN’S BUDGET FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2013, AND ENDING ON SEPTEMBER 30, 2014, AS ADOPTED BY ORDINANCE NO. 45-13, BY PROVIDING FOR ADJUSTMENTS TO THE GENERAL FUND, UTILITY FUND, STORMWATER UTILITY FUND, CHAPTER 59 FORFEITURE/SEIZURE FUND, IRS EQUITABLE SHARING FUND DEPARTMENT OF JUSTICE SEIZURE FUND, NEIGHBORHOOD IMPROVEMENT FUND, VEHICLE, EQUIPMENT & TECHNOLOGY REPLACEMENT FUND; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET, AS AMENDED; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Town Council of the Town of Flower Mound, Texas (“Town Council”) has heretofore adopted its Annual Budget for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014; and

WHEREAS, said Annual Budget was adopted by Ordinance No. 45-13 on September 16, 2013; and

WHEREAS, after approval of said Annual Budget, unexpected needs have

arisen which require amendment of the Annual Budget.


SECTION 1

All of the above premises are hereby found to be true and correct factual and

legislative determinations of the Town of Flower Mound and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety.

SECTION 2

The Annual Budget of the Town of Flower Mound, Texas, for the fiscal year beginning on October 1, 2013, and ending on September 30, 2014, as heretofore adopted by Ordinance No. 45-13, is hereby amended to provide for adjustments to the General Fund, Utility Fund, Stormwater Utility Fund, Chapter 59 Forfeiture/Seizure Fund, IRS Equitable Sharing Fund, Department of Justice Seizure

Page 67 of 555

Attachment 1

ORDINANCE NO. PAGE 2 Fund, Neighborhood Improvement Fund, Vehicle, Equipment & Technology Replacement Fund, as shown in Exhibit “A,” attached hereto and incorporated herein, and expenditures for said fiscal year shall be made in accordance with said Annual Budget, as amended.

SECTION 3

The expenditures and amendments authorized by this Ordinance are

necessary to meet unusual and/or unforeseen conditions or circumstances that could not have been included in the original budget through the use of reasonably diligent thought and attention.

SECTION 4

All ordinances, orders or resolutions heretofore passed and adopted by the Town Council of the Town of Flower Mound, Texas, are hereby repealed to the extent that said ordinances, orders or resolutions, or parts thereof, are in conflict herewith.

SECTION 5

It is hereby declared to be the intention of the Town Council of the Town of Flower Mound that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Flower Mound, Texas, without incorporation in this Ordinance of such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION 6

This Ordinance shall take effect and be in full force from and after its passage and adoption.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF TO , ON THIS 2nd DAY OF DECEMBER, 2013.

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Attachment 1

ORDINANCE NO. PAGE 3

APPROVED:

Thomas E. Hayden, MAYOR

ATTEST: ___________________________________________ Theresa Scott, TOWN SECRETARY APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, TOWN ATTORNEY

STATE OF TEXAS § §

COUNTY OF DENTON §

BEFORE ME, _______________________, Notary Public, on this day personally appeared Thomas E. Hayden, the Mayor of the Town of Flower Mound, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed.

Given under my hand and seal of office this _____ day of _________, 2013.

__________________________________________

NOTARY PUBLIC in and for the State of Texas My Commission Expires: ______________________

Page 69 of 555

Attachment 1

EXHIBIT “A”



REASON FOR ADJUSTING THE GENERAL FUND APPROPRIATION:

In the General Fund, expenditures will increase by $319,024.93, from $46,832,075 to $47,151,099.93, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013. Included in the General Fund is $74,000 for the Master Plan update.

Original Current Amended Increase /

General Fund Budget Budget Budget (Decrease)

Expenditures:Town Manager's Office 1,194,342$ 1,194,342$ 1,200,447.34$ 6,105.34$ Legislative Services 349,858 349,858 360,400.43 10,542.43 Development Services 1,611,911 1,611,911 1,685,911.00 74,000.00 Community Services 7,384,701 7,384,701 7,406,831.50 22,130.50 Police Services 10,735,882 10,735,882 10,759,195.80 23,313.80 Financial Services 3,270,612 3,270,612 3,270,750.00 138.00 Administrative Servicies 4,572,982 4,572,982 4,674,778.73 101,796.73 Fire and Emergency Services 9,446,591 9,446,591 9,501,644.34 55,053.34 Community Relations 670,997 670,997 670,997.00 - Non-Departmental Services 2,738,487 2,738,487 2,738,487.00 - Public Works 3,568,565 3,568,565 3,590,609.79 22,044.79 Environmental Servcies 1,287,147 1,287,147 1,291,047.00 3,900.00

Total 46,832,075$ 46,832,075$ 47,151,099.93$ 319,024.93$

REASON FOR ADJUSTING THE UTILITY FUND APPROPRIATION:

In the Utility Fund, expenditures will increase by $92,648.33, from $35,567,223 to $35,659,871.33, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013.

Original Current Amended Increase /Utility Fund Budget Budget Budget (Decrease)

Expenditures:Development Services 1,077,499$ 1,077,499$ 1,081,789.75$ 4,290.75$ Financial Services 1,592,388 1,592,388 1,603,713.00 11,325.00 Non-Departmental Services 9,473,569 9,473,569 9,476,069.00 2,500.00 Public Works 23,423,767 23,423,767 23,498,299.58 74,532.58

Total 35,567,223$ 35,567,223$ 35,659,871.33$ 92,648.33$

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Attachment 1

EXHIBIT “A”

Town of Flower Mound

Amended Budget Fiscal Year 2013-2014

REASON FOR ADJUSTING THE STORMWATER UTILITY FUND APPROPRIATION:

In the Stormwater Utility Fund, expenditures will increase by $6,356.62, from $1,208,861 to $1,215,217.62, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013.

Original Current Amended Increase /Stormwater Utility Fund Budget Budget Budget (Decrease)

Expenditures:Development Services 211,582$ 211,582$ 211,582.00$ -$ Public Works 899,888 899,888 906,244.62 6,356.62 Environmental Servcies 97,391 97,391 97,391.00 -

Total 1,208,861$ 1,208,861$ 1,215,217.62$ 6,356.62$

REASON FOR ADJUSTING THE CHAPTER 59 FORFEITURE/SEIZURE FUND APPROPRIATION:

In the Chapter 59 Forfeiture/Seizure Fund, expenditures will increase by $30,045.00, from $25,829 to $55,874.00, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013. In the three police seizure funds; Chapter 59 Forfeiture/Seizure Fund; IRS Equitable Sharing Fund; Department of Justice Seizure Fund, expenditures are being reallocated between funds due to allocating the different types of seizure/forfeiture revenue the Police Department receives into separate funds. Expenditures are also increasing because additional funds are available for budgeting due to higher than expected revenue collected during the last few months of FY 2012-2013.

Original Current Amended Increase /Chapter 59 Forfeiture/Seizure Fund Budget Budget Budget (Decrease)

Expenditures:Police Services 25,829$ 25,829$ 55,874.00$ 30,045.00$

Total 25,829$ 25,829$ 55,874.00$ 30,045.00$

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Attachment 1

EXHIBIT “A”



REASON FOR ADJUSTING THE IRS EQUITABLE SHARING FUND APPROPRIATION:

In the IRS Equitable Sharing Fund, expenditures will increase by $117,500.00, from $2,878 to $120,378.00, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013. In the three police seizure funds; Chapter 59 Forfeiture/Seizure Fund; IRS Equitable Sharing Fund; Department of Justice Seizure Fund, expenditures are being reallocated between funds due to allocating the different types of seizure/forfeiture revenue the Police Department receives into separate funds. Expenditures are also increasing because additional funds are available for budgeting due to higher than expected revenue collected during the last few months of FY 2012-2013.

Original Current Amended Increase /IRS Equitable Sharing Fund Budget Budget Budget (Decrease)

Expenditures:Police Services 2,878$ 2,878$ 120,378.00$ 117,500.00$

Total 2,878$ 2,878$ 120,378.00$ 117,500.00$

REASON FOR ADJUSTING THE DEPARTMENT OF JUSTICE SEIZURE FUND APPROPRIATION:

In the Department of Justice Seizure Fund, expenditures will increase by $1,310.00, from $0 to $1,310.00, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013. In the three police seizure funds; Chapter 59 Forfeiture/Seizure Fund; IRS Equitable Sharing Fund; Department of Justice Seizure Fund, expenditures are being reallocated between funds due to allocating the different types of seizure/forfeiture revenue the Police Department receives into separate funds. Expenditures are also increasing because additional funds are available for budgeting due to higher than expected revenue collected during the last few months of FY 2012-2013.

Original Current Amended Increase /Department of Justice Seizure Fund Budget Budget Budget (Decrease)

Expenditures:Police Services -$ -$ 1,310.00$ 1,310.00$

Total -$ -$ 1,310.00$ 1,310.00$

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Attachment 1

EXHIBIT “A”



REASON FOR ADJUSTING THE NEIGHBORHOOD IMPROVEMENT FUND APPROPRIATION:

In the Neighborhood Improvement Fund, expenditures will increase by $16,698, from $110,000 to $126,698, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013.

Original Current Amended Increase /Neighborhood Improvement Fund Budget Budget Budget (Decrease)

Expenditures:Environmental Servcies 110,000$ 110,000$ 126,698.00$ 16,698.00$

Total 110,000$ 110,000$ 126,698.00$ 16,698.00$

REASON FOR ADJUSTING THE VEHICLE, EQUIPMENT & TECHNOLOGY REPLACEMENT FUND APPROPRIATION:

In the Vehicle, Equipment & Technology Replacement Fund, expenditures will increase by $150,269.78, from $1,618,400 to $1,768,669.78, to re-appropriate funds budgeted in prior years for outstanding purchase orders at September 30, 2013 and $40,800 for additional technology projects.

Original Current Amended Increase /Vehicle, Equipment & Technology Replacement Fu Budget Budget Budget (Decrease)

Expenditures:Financial Services 1,618,400$ 1,618,400$ 1,768,669.78$ 150,269.78$

Total 1,618,400$ 1,618,400$ 1,768,669.78$ 150,269.78$

Page 73 of 555


CONSENT ITEM


FROM: Debra Wallace, Assistant Town Manager/CFO

ITEM: Consider approval of an agreement with Southwest Securities, Inc. for financial advisory services, and authorize the Mayor to execute said agreement.

BACKGROUND INFORMATION: The proposed agreement is for financial advisory services to provide the Town advice with respect to the structure, timing, terms or other similar matters concerning the issuance of governmental securities. Financial advisors perform a variety of tasks: analyze the financing needs of the community, construct an issue, help choose an underwriter or organize a competitive sale, communicate with the rating agencies, and advise on other matters of importance. A request for competitive sealed proposal (RCSP) was prepared and three firms responded, First Southwest Company (FSW), The PFM Group and Southwest Securities (SWS). Staff evaluated the proposals and concluded that SWS would best serve the needs of the Town. The last RCSP for financial advisory services was conducted in 1998 with FSW receiving the award of the agreement. FSW has served the Town since that time. The agreement with FSW requires a thirty (30) day written notice to terminate the services. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: $37,750 Proposed Expenditure: Account Number(s):

$37,750 based on a $20,000,000 issue Bond proceeds will pay for the expenditure which will be a part of the issuance cost of debt obligations.

Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Terry Welch, of Brown & Hoffmeister, L.L.P., has reviewed the attached agreement as to form and legality. ATTACHMENTS: 1. Proposed Agreement RECOMMENDATION: Move to approve an agreement with Southwest Securities, Inc. for financial advisory services, and authorize the Mayor to execute said agreement.

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FINANCIAL ADVISORY SERVICES AGREEMENT

December 2, 2013

Honorable Mayor and Town Council Town of Flower Mound, Texas 2121 Cross Timbers Road Flower Mound, Texas 75028

Ladies and Gentlemen:

1. We understand that the Town of Flower Mound, Texas and/or any of its politicalcreations (the "Issuer" or the "Town") will have under consideration from time to time theauthorization and issuance of obligations evidencing indebtedness (all such obligationsshall be referred to as "Obligations") and that in connection with the issuance of suchObligations you hereby agree to retain Southwest Securities ("Southwest") to performprofessional services as your Financial Advisor in accordance with the terms of thisFinancial Advisory Services Agreement ("Agreement"). This Agreement shall apply to allObligations that may be authorized and/or issued during the period in which thisAgreement is effective.

2. As Financial Advisor, we agree to perform the following duties:

a) We will conduct a review of the financial resources of the Issuer to determine theextent of the borrowing capacity of the Issuer. This review will include ananalysis of:

1) the existing debt structure in relation to sources of income projected bythe Issuer which may be pledged to secure payment of the Obligations tobe issued, and

2) where appropriate, the trends (as estimated by representatives of theIssuer) of assessed valuation, taxing power, or other variables which mayimpact income and future financing needs.

b) On the basis of the information and estimates developed through our review andother information that we consider appropriate, we will submit writtenrecommendations with respect to a plan of finance for the issuance of Obligationsthat will include:

1) the date of issuance,2) interest payment dates,3) a schedule of maturities,4) early redemption options, and5) other matters that we consider appropriate to increase the marketability of

the Obligations.

Attachment 1

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Town of Flower Mound, Texas December 2, 2013

2

c) In order to assist you in selecting a date for the sale of the Obligations, we will advise you of current conditions in the relevant debt market, upcoming bond issues, and other general information and economic data which might reasonably be expected to influence interest rates or bidding conditions.

d) The Issuer will retain a recognized bond counsel, whose fees you will pay, who will prepare the proceedings, who will provide advice concerning the steps necessary to be taken to issue the Obligations, and who will issue an opinion approving the legality of the Obligations. We will maintain liaison with bond counsel and shall assist in all financial advisory aspects involved in the preparation of appropriate legal proceedings and documents.

e) If it is necessary to hold an election to authorize the Obligations, we will assist in coordinating the assembly and transmittal to the bond attorneys of information provided by or on behalf of the Issuer that is requested by the bonds attorneys in connection with the preparation of the documents evidencing the legal proceedings that are necessary to conduct the election.

f) In connection with a public offering of Obligations, we will supervise the preparation of the Official Statement, the disclosure documents, the uniform bid form (containing provisions recognized by the municipal securities industry as being consistent with the securities offered by sale), and such other market documents which you may request or we deem appropriate. We will post certain of these documents (a copy of which shall be submitted to the Issuer upon request) to the internet and notify a list of prospective bidders of accessibility. We will also provide copies of these documents to the purchaser of the Obligations in accordance with standard industry practice.

g) We will make recommendations to the Issuer on the matter of credit rating(s) for the proposed issue of Obligations. Upon the request of the Issuer, we will coordinate the preparation of information to be submitted to any rating agency. In those cases where it is appropriate to present personally information to any rating agency, we will arrange for such presentation. In the event credit enhancement, such as bond insurance, will provide a more cost effective transaction, we will provide all the necessary services to apply for such enhancement.

h) In connection with each competitive sale, we will

1) disseminate bidding and disclosure information to prospective bidders,

2) where appropriate, organize meetings to present information relating to the Obligations,

3) assist prospective bidders in submitting proper bids,

4) coordinate the receipt of bids (and good faith checks where indicated),

5) advise you as to the best bid,

6) advise you concerning the acceptance or rejection of the best bid,

7) if a bid is accepted, coordinate the delivery of and payment for the Obligations, and

Attachment 1

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3

8) assist in the verification of final closing figures.

i) Recommend (based on information provided by representatives of the Issuer regarding the estimated timing of the application of proceeds of the Obligations) a program of temporary investment of such proceeds.

j) As your agent, we will assist bond counsel to:

1) arrange for the printing of the Obligations,

2) submit the Obligations for execution and impression of a seal, and

3) cause the Obligations to be delivered to the Attorney General for approval and the Comptroller of Public Accounts for registration. The Issuer shall maintain ownership of the Obligations until they are sold and delivered to the purchaser.

k) After closing, we will deliver to the Issuer and the paying agent(s) definitive debt records, including a schedule of annual debt service requirements on the Obligations.

3. While this Agreement is in effect, the Issuer agrees (upon our request) to provide or cause to be provided to us information relating to the Issuer, the security for the Obligations and other matters that we consider appropriate to enable us to perform our duties under this Agreement. With respect to all information provided by or on behalf of the Issuer to us under this Agreement, the Issuer agrees to use its best efforts to obtain certifications (in a form reasonably satisfactory to us) from appropriate representatives as to the accuracy of such information. The Issuer acknowledges that we shall be entitled to rely on the accuracy of all information provided by or on behalf of the Issuer. In the event that such information is inaccurate, the Issuer agrees that it shall assume full responsibility (from any funds that are lawfully available for such purpose) for all losses suffered by us as a result of the inaccuracy of such information.

4. All actions taken and all recommendations made by us in performing our duties under

this Agreement will be based on our best professional judgment with the goal of obtaining the most favorable terms for the Issuer. Southwest shall be responsible, to the level of competency presently maintained by other practicing financial advisors in the same type work, for professional and technical soundness, accuracy and adequacy of all work and materials furnished under this Agreement.

Attachment 1

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4

5. In consideration for the services rendered by us pursuant to this Agreement in connection with the authorization, issuance, and sale of Obligations, the Issuer agrees that our fee will be computed as shown on the "Fee Schedule" attached hereto. Our fee and reimbursable expenses shall become due and payable simultaneously with the delivery of the Obligations except that our reimbursable expenses, not included in the attached Fee Schedule, shall be payable upon our submission of a written statement. Our fees shall include the following costs:

a) postage, overnight mail and courier delivery;

b) travel to and from the Issuer;

c) telephone, including long distance, conference calling, facsimile and internet usage;

d) preparation costs of the Notice of Sale, Official Bid Forms and Managing Underwriter Certificates;

e) preparation costs associated with the Preliminary Official Statement;

f) preparation costs associated with the Final Official Statement:

6. It is acknowledged that the purchase and sale of securities, at the request of the Issuer, and for ultimate use in defeasing outstanding obligations of the Issuer does not constitute the rendering of financial advisory services under the terms of this agreement.

7. Special Conditions: In addition to the terms and obligations herein contained, this proposal and Agreement is subject to the following special conditions:

a) The following items are specifically excluded from the Fee Schedule shown in this agreement and will be paid by the Issuer:

i) The cost of any personal appearance on behalf of the Issuer outside a 100 mile radius of the Issuer;

ii) Cost of any required publication in a newspaper;

iii) Fees and expenses of Bond Counsel;

iv) Preliminary and Final Official Statement Printing Fees;

v) Filing fees (ie Attorney General of Texas)

vi) Salaries of the election officials;

vii) Paper and ink cost for voter information materials;

viii) The cost of ballots and election supplies for the use in an election authorizing any Obligations;

Attachment 1

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5

ix) Cost of proving up boundaries of the Issuer;

x) Cost of any litigation between the Issuer and any third parties;

xi) Credit rating fees, if any;

xii) The cost of any credit enhancement, and

xiii) Underwriting fees.

b) Copies of all documents prepared by Southwest, and requiring approval of the governing body of the Issuer, shall be submitted to the Issuer for review and comment by the Town Attorney prior to presentation to the governing body.

8. This Agreement is for an initial term of one (1) year and may be extended or amended at anytime with consent of both parties. This Agreement may be terminated by either party upon 45 days written notice. It is understood that if the Issuer shall exercise its option to terminate this Agreement and Southwest has expenses outstanding relating to services provided on behalf of the Issuer, such expenses shall be reimbursed Southwest upon termination.

9. This Agreement is submitted in duplicate originals. When accepted by you, it will constitute the entire Agreement between you and ourselves for the purpose and consideration herein specified. Your acceptance will be indicated by proper signatures of your authorized representative on both copies and the returning of one executed copy to us.

Attachment 1

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6

Respectfully submitted,

SOUTHWEST SECURITIES

By: Name: John L. Martin, Jr. Title: Senior Vice President

ACCEPTANCE

ACCEPTED pursuant to motion adopted by the governing body of the Town of Flower Mound, Texas on December ___, 2013.

By: Mayor, Town of Flower Mound ATTEST:

By: Town Secretary, Town of Flower Mound

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7

FEE SCHEDULE

For Proceeds Received Our Fee Will Be: Up to $500,000 $15,000 $500,000 to $2,500,000 $15,000 plus $2.00 per $1,000 over $500,000 $2,500,000 to $5,000,000 $19,000 plus $1.50 per $1,000 over $2,500,000 $5,000,000 to $10,000,000 $22,750 plus $1.25 per $1,000 over $5,000,000 $10,000,000 to $15,000,000 $29,000 plus $1.00 per $1,000 over $10,000,000 $15,000,000 to unlimited $34,000 plus $0.75 per $1,000 over $15,000,000 Refundings: In addition to the above fees, refunding Obligations will be charged an analytical fee calculated as follows: From To Analytics $0.00 $4,999,999.00 $2,500.00 5,000,000.00 9,999,999.00 4,500.00 10,000,000.00 19,999,999.00 7,500.00 20,000,000.00 and up 9,500.00 Fees due Southwest will be wired to Southwest at closing as well as reimbursable costs and expenses, where applicable, incurred on behalf of the Issuer.

Attachment 1

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CONSENT ITEM


FROM: Kay Wilkinson, Grants Coordinator

ITEM: Consider approval of a resolution authorizing the adoption of the Program Year 2012 Consolidated Annual Performance & Evaluation Report for the Community Development Block Grant; and authorization for the Mayor to execute same on behalf of the Town and submit to the U.S. Department of Housing and Urban Development.

BACKGROUND INFORMATION: This item is to consider approval of a resolution adopting Flower Mound’s Program Year 2012 Consolidated Annual Performance & Evaluation Report (CAPER). The CAPER is required under the Town’s Community Development Block Grant (CDBG). It describes the Town’s progress in carrying out the housing and community development strategies identified in the Program Year 2010-2014 Consolidated Plan, which was submitted to the U. S. Department of Housing and Urban Development (HUD) in July 2010. In 2002, HUD recognized Flower Mound (the Town) as an Entitlement Community and awarded the Town a Community Development Block Grant (CDBG). Since that time, Flower Mound has received $2,409,798 in funding under this CDBG. Receipt of grant funding is conditioned upon Flower Mound implementing and adhering to the Consolidated Plan. The Consolidated Plan identifies long-term strategies and annual activities that will be carried out to achieve the goals of providing decent housing, a suitable living environment, and expanded economic opportunities for Flower Mound residents of low and moderate income. Flower Mound’s Program Year 2012 Annual Plan was approved by the Town Council on August 6, 2012. During this period, the Council designated available CDBG funds to be used: (1) for planning and administration; (2) the Residential Rehabilitation Program; and (3) to subsidize call-in transportation service for the Town’s elderly and severely handicapped. In addition to these activities, many other accomplishments benefited our community’s low- and moderate-income residents during the year. The CAPER describes the ways in which the Town leveraged both federal and non-federal dollars to achieve these goals. BOARD REVIEW/CITIZEN FEEDBACK: Grants staff held a public hearing on October 29th to discuss the CAPER. The CAPER was also available for public comment for 30 days. Staff did not receive any comment during either of these opportunities for feedback. ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: N/A Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Edwin P. Voss, Jr., of Brown & Hofmeister, L.L.P., has reviewed the resolution and the proposed Program Year 2012 CAPER. ATTACHMENTS: 1. Proposed Program Year 2012 CAPER 2. Draft Resolution

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RECOMMENDATION: Move to approve a resolution authorizing the adoption of the Program Year 2012 Consolidated Annual Performance & Evaluation Report, which is required under Flower Mound’s Community Development Block Grant; and authorize the Mayor to execute same on behalf of the Town and submit to the U.S. Department of Housing and Urban Development.

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December 2, 2013

Ms. Shirley Henley Director of Community Planning & Development U. S. Department of Housing and Urban Development Fort Worth Regional Office, Region VI 801 Cherry Street, Unit #45, Suite 2500 Fort Worth, TX 76102

Dear Ms. Henley:

We are pleased to submit the Consolidated Annual Performance and Evaluation Report for the Town of Flower Mound for the period of October 1, 2012 through September 30, 2013. This report was approved by our Town Council on December 2, 2013 and describes our jurisdiction’s progress in carrying out the housing and community development strategies identified in our Program Year 2010-2014 Consolidated Plan. During the year, our community leveraged both federal and non-federal dollars to offer a number of services which both directly and indirectly benefited Flower Mound’s low and moderate-income citizens. This included providing quality infrastructure improvements in a qualifying neighborhood and subsidizing call-in transportation service for the Town’s elderly and severely handicapped citizens.

If you have any questions or need additional information, please do not hesitate to contact Kay Wilkinson, Grants Coordinator at (972) 874-6040 or email her at [email protected].

Sincerely,

Thomas E. Hayden Mayor

Enclosures

cc: Mark C. Roy HUD Community Planning & Development Representative

Attachment 1

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mailto:[email protected]

kwilkinson

Typewritten Text

kwilkinson

Typewritten Text

kwilkinson

Typewritten Text

kwilkinson

Typewritten Text

kwilkinson

Typewritten Text

kwilkinson

Typewritten Text

ZIP 75028

Name:

Title:


City: Flower Mound Department: Accounting & Budget

Applicant Type:

UOG:

Street Address: 2121 Cross Timbers Road Organizational DUNS 02-794-1160

Street Address Line 2 Organizational Unit: Grant Services

Employer Identification Number (EIN):

Division: Financial ServicesTexas Country U.S.A.

“To the best of my knowledge and belief, all data in this application are true and correct, the document has been duly authorized by the governing body of the applicant, and the applicant will comply with the attached assurances if the assistance is awarded.”

Grantee Website: www.flower-mound.com Other Contact: Christianne PriceKay.Wilkinson@flower-mound.

Last Name:Wilkinson

Title: Grants Coordinator Phone: 972-874-6040 Fax: 972-874-6460

First Name: Kay Middle Initial: S

Specify Other Type

County: Denton Program Year Start Date (10/01/2012)

75-1366210

Date: (MM/DD/YY ) 12/02/13

Thomas E. Hayden

Mayor

Person to be contacted regarding this application:

Attachment 1

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mailto:[email protected]

Program Year 2012

Consolidated Annual Performance & Evaluation Report (CAPER)

For the period October 1, 2012 – September 30, 2013

Prepared for the U. S. Dept. of Housing and Urban Development (HUD)

Attachment 1

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PY 2012 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT PROGRAM YEAR 3

TABLE OF CONTENTS EXECUTIVE SUMMARY 1 Major Initiatives and Highlights GENERAL 5 Assessment of One-Year Goals & Objectives How Flower Mound Would Consider Changing Program Affirmatively Furthering Fair Housing 7 Actions Taken to Address Obstacles LEVERAGING RESOURCES 12 MANAGING THE PROCESS 12 Actions Taken to Ensure Compliance CITIZEN PARTICIPATION 12 Summary of Citizen Comments INSTITUTIONAL STRUCTURE 13 Actions Taken to Overcome Gaps MONITORING 13 How we Monitored Activities/Frequency Results of Monitoring and Improvements Self Evaluation LEAD BASED PAINT 15 Actions Taken to Evaluate & Reduce Lead-Based Paint Hazards HOUSING 15 Actions Taken to Foster & Maintain Affordable Housing SPECIFIC HOUSING OBJECTIVES 16 Progress in Meeting Objective of Providing Affordable Housing Progress in Meeting Section 215 Requirements Efforts to Address “Worst Case” Housing Needs BARRIERS TO AFFORDABLE HOUSING 16 Actions Taken to Eliminate Barriers to Affordable Housing HOMELESS 17 HOMELESS NEEDS 17 Actions Taken to Address Needs of Homeless Persons Actions to Help Homeless Persons Transition Federal Resources Obtained from Homeless SuperNOFA SPECIFIC HOMELESS PREVENTION ELEMENTS 18 Actions Taken to Prevent Homelessness COMMUNITY DEVELOPMENT 19 Assessment of CDBG Funds to Goals/Objectives Changes in Program Objectives Assessment of Efforts Funds Not Used for National Objectives Anti-Displacement & Relocation Low/Mod Job Activities Low/Mod Limited Clientele Activities Program Income Received Prior Period Adjustments Loans & Other Receivables Lump Sum Agreements

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Housing Rehabilitation Neighborhood Revitalization Strategies ANTIPOVERTY STRATEGY 22 Actions taken to Reduce Poverty Level NON-HOMELESS SPECIAL NEEDS 23 Actions Taken to Address Special Needs of Persons that Require Supportive Housing OTHER NARRATIVE 24

ATTACHMENTS CITIZEN PARTICIPATION FINANCIAL SUMMARY IDIS REPORTS PR 03 PR 06 PR 23 PR 26 PR 83 PR 84 MAPS Distribution of Census Block Groups in Flower Mound Qualifying low- and moderate- income areas in Flower Mound Sunrise Circle Estates (Census Tract 0203.03, Block Group 3)

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GENERAL EXECUTIVE SUMMARY The Consolidated Annual Performance and Evaluation Report contains information about Flower Mound’s accomplishments during the third year of our community’s five-year Consolidated Plan for Housing and Community Development. The report reflects Flower Mound’s implementation of outcome performance measurement system requirements described in the Federal Register Notice dated March 7, 2006. It also provides a description of how our jurisdiction’s program provided new or improved availability/accessibility, affordability, sustainability of decent housing, a suitable living environment, and economic opportunity to benefit Flower Mound’s low and moderate-income residents. Federal funds made available for furthering the objectives of the consolidated plan included a U. S. Department of Housing and Urban Development (HUD) Fiscal Year (FY) 2012 allocation of $185,975.00. No program income was received. Flower Mound expended $243,304.57 of CDBG funds and leveraged Town General and other funds during the year to help address identified housing, homeless, community development, anti-poverty and special needs. The investments were allocated based upon citizen input, research and analysis to identify service level weaknesses and areas of need and Town Council goals and priorities. Our Program Year (PY) 2012 Annual Plan identifies three specific objectives to be achieved during the year, using CDBG funds: Carry out planning and program administration activities. Improve the availability of a suitable living environment by subsidizing Town-wide

transportation for the Town’s elderly and severely disabled adults.

Improve the availability of a suitable living environment by expanding the supply of decent, safe, sanitary and affordable housing, correcting health and safety hazards in deteriorated housing and extending the useful life of existing housing units.

Following is a comparison of the proposed versus actual outcomes for each of the specific objectives above, as well as other performance measures identified in Flower Mound’s Program Year 2010-2014 Consolidated Plan:

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Performance Outcomes Goal Objective Five-Year

Objective PY 2012 Objective

PY 2012 Accomplishments

Cumulative Accomplishments (PY 10,11 & 12)

Housing Increase the opportunity for low- and moderate- income homeowners in Flower Mound through collaboration with the Denton County Housing Finance Corporation and other lending institutions (10 referrals over a five-year period).

10 referrals. 2 referrals. 2 referrals. 5 referrals.

Homeless Participate in the county-wide Continuum of Care planning process each year (Town staff attend at least 2 meetings each year).

10 meetings. 2 meetings. 13 meetings.

36 meetings.

Serve as a referral source for individuals and families with children at imminent risk of becoming homeless (10 referrals over a five-year period).

10 referrals. 2 referrals. 0 referral. 3 referrals.

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Goal Objective Five-Year Objective

PY 2012 Objective



Non-housing community development

Carry out planning and program administration activities (up to 20% of CDBG expenditures).

<=20% of CDBG expenditures.


7.59% 6.75%

Provide quality infrastructure improvements in the Sunrise Circle Estates neighborhood, including improved streets (street improvements). Objective is a suitable living environment. Outcome is availability/accessibility.

To finish construction of the street improvements in the Sunrise Circle Estates. 533 persons benefit from streets and sewer improvements.

Complete construction of the Sunrise Circle Street project.

Phase V design and construction is complete. This project was completed in December 2012.This project provides improved streets for the Sunrise Circle subdivision area.

Completed Phase IV. Completed Phase V. This project was completed in December 2012.

Provide transportation services to elderly and disabled. Objective is a suitable living environment. Outcome is availability/accessibility.

50 different persons.

10 different persons. 24 different persons. 58 persons.

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Goal Objective Five-Year Objective

PY 2012 Objective



Foster a balanced tax base by supporting the Chamber of Commerce in efforts to provide business and retention development programs to increase the number of businesses locating in Flower Mound.

50 new businesses.

10 new businesses. 94 new businesses. 284 new businesses.

Anti-poverty

Support training and employment activities provided by the library.

200 persons. 40 persons. 3 persons. 148 persons.

Non-homeless special needs (housing and supportive services)

Facilitate affordable housing for disabled and senior citizens by maintaining the tax- exempted amount of the appraised value of residence homesteads at $100,000.

8,790 households.

1,758 households. 2,439 households. 5,998 households.

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CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT General Questions During the period October 1, 2012 through September 30, 2013, Flower Mound used HUD’s Community Planning and Development Performance Measurement Outcome system to assess accomplishments in carrying out our community development programs. Accomplishments in attaining the goals and objectives for housing, homeless, non-housing community development, anti-poverty, and non-homeless special needs are as follows: Housing – To foster and maintain affordable housing, Flower Mound leveraged funds

through collaboration with affordable housing agencies in Denton County, provided tax relief to elderly and disabled homeowners, fostered a balanced tax base, provided additional local job opportunities through economic development and served as a referral source. During the year, Flower Mound was contacted by two low/moderate income individuals interested in housing in Flower Mound. Those individuals were referred to the appropriate agencies with the resources to provide assistance.

Homeless – To address the needs of homeless persons, Flower Mound partnered with agencies that have the resources to provide temporary shelter and supportive services, reviewed the Town’s Anti-Displacement and Relocation Assistance Plan to ensure that it was current, served as a referral source and granted General Funds to service provider agencies.

Non-housing community development – Flower Mound used CDBG funds to carry out

planning and program administration activities, to subsidize Town-wide transportation for the Town’s elderly and severely disabled adults and to implement the Residential Rehabilitation Program. The Town kept Planning and Administrative expenditures to 7.59%. The Town-wide transit service served 24 individuals for a total of 1352 trips. This is an increase in trips from PY 2011. The Residential Rehabilitation Program began in October 2012. The Town-wide program is based upon cumulative gross annual income. The Town finished the rehabilitation work on two houses and is in the process of completing another.

Anti-poverty – To reduce the number of persons living below the poverty level, Flower

Mound partnered with resource providers, maintained public awareness and provided training and employment education. Flower Mound’s Library hosted one Job Search Program Workshop in June 2013. The workshop was attended by three people.

Non-homeless special needs – During the year, Flower Mound staff maintained an awareness of the level of need, partnered with service providers, leveraged funding for services and maintained the exempted amount of the appraised value of residence homesteads for senior and disabled households. The Town expected to provide appraisal exemptions to 1,758 persons but was able to provide 2,439 exemptions. This is likely due to the growing population of senior citizens in Flower Mound.

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Flower Mound spent 100% of its CDBG formula funds on grant activities that further the goals and objectives identified in the Program Year 2012 Annual Plan, as follows: Program Year 2012 CDBG Formula Fund Expenditures Goal Objective PY 2012

Specific Annual Objective

Funds Expended in PY 2012

Non-housing community development

Carry out planning and program administration activities (up to 20% of CDBG expenditures).


$14,113.11

The Residential Rehabilitation Program objective is to improve the availability of a suitable living environment by extending the useful life of existing housing units.

2 houses. $ 68,251.00


10 persons. $20,000.00

At 7.59%, expenditures to carry out planning and administration activities were less than the 20% allowed by HUD. The Town budgeted and spent $20,000 to carry out the Town-wide Transportation Project, in addition to leveraging Town General Funds for an additional $12,786.00. In previous years, we have stated that based on our experience, we would reconsider committing our small annual CDBG allocation to such a large multi-year project as Sunrise Circle Estates. The Community Development Block Grant Advisory Committee amended Flower Mound’s Consolidated Plan for Housing and Community Development and designed a Residential Rehabilitation Program that began in PY 2012. The Residential Rehabilitation Program has proven to be a success in Flower Mound. We have completed two houses and are in the process of completing another. To address obstacles in meeting underserved needs during the year, Flower Mound used CDBG funds for planning and administrative activities, public services through our Town-wide transit program for elderly and disabled adults and public service through our Residential Rehabilitation Program. See the IDIS Reports in the attachments for the following performance reports: Federal Funds made available for furthering the objectives of the Consolidated Plan

(Summary of Accomplishments Report year 2012/PR23). Total amount of funds available and the total amount of funds committed during the

reporting period (CDBG Activity Summary Report year 2012/PR03). Summary of commitment and disbursements by Action Plan Projects (Summary of

Consolidated Plan Projects 2012/PR06). Total amount expended during the reporting period (CDBG Financial Summary for

2012/PR26).

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Total number of persons assisted with CDBG funds (CDBG Performance Measures Report for 2012/PR83)

Total for all Areas (CDBG Strategy Area, CFDI, and Local Target Area Report for

2012/PR84) The attachments also include maps showing Census Tracts 0203.03 (the location of the Sunrise Circle Project) and the boundaries of the Town of Flower Mound (the location of the Town-wide Transportation Project and the Residential Rehabilitation Program).

Affirmatively Furthering Fair Housing Throughout the year, Flower Mound took a number of actions to affirmatively further fair housing: During February 2013, Flower Mound’s Fair Housing Committee conducted an annual

update of the Analysis of Impediments to Fair Housing Choice created in February 2010. The analysis examined a wide array of issues to identify and address any impediments to fair housing within the Town of Flower Mound. While the analysis did not reveal any overt barriers to fair housing choice, it did show that Flower Mound will benefit by (1) the Strategically Managed and Responsible Town Growth (SMARTGrowth) Commission’s ongoing review of development criteria, to ensure that growth does not occur at the expense of environmental quality, community character or quality of life, (2) routine review of the Town’s zoning and subdivision ordinances, building codes and impact fees, and when necessary, bring any potential impediments to the attention of management and the Town Council, (3) the Economic Development Department continuing to work closely with the Chamber of Commerce to provide business and retention development programs with incentives for economic development, (4) the Community Relations Department continuing to foster partnerships with community agencies established to provide the necessary resources for affordable housing, (5) the Community Services Department ensuring that residents living in those Census Tracts with a high percentage of poverty-level incomes are made aware of job training and job search workshop opportunities at the Library, and (6) The Community Development Block Grant Advisory Committee considering to incorporate Home Improvement and Minor and Emergency Home Repair Projects into Flower Mound’s Consolidated Plan for Housing and Community Development as funds become available.

The Committee’s 2010 Analysis of Impediments to Fair Housing Choice Report was incorporated into the Town’s Consolidated Plan for Housing and Community Development for Program Years 2010-2014, approved by the Town Council on July 19, 2010, and accepted by HUD. The Fair Housing Committee met again during Program Year 2012 to review the status of the report and determine if activities were being carried out as identified, or if any corrections, changes, or additions to planned actions needed to be made. The Committee found that recommended activities were being carried out and no changes were necessary. The Committee’s most recent status report was incorporated into Flower Mound’s Program Year 2013 Annual Plan, which was approved by the Town Council and accepted by HUD.

The Town passed a Fair Housing Ordinance in March 2012 which declared the Town’s

commitment to ensure fair housing opportunities for all citizens regardless of race, color, religion, handicap, sex, familial status or national origin. This ordinance was unanimously approved by Town Council.

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In February 2013, the Fair Housing Committee met to review PY 2012 activities and

conduct an annual update of the Analysis of Impediments to Fair Housing Choice and create a status report for PY 2012. Following is a description of the actions that were taken during Program Year 2012:

1. Flower Mound’s SMARTGrowth Commission and/or Planning and Zoning Commission

continued their periodic review of development criteria to help mitigate the ill effects of overcrowding and congestion, including overburdened infrastructure, facilities, schools, and services.

Actions Taken:

• The Planning and Zoning Commission met regularly throughout the year. The members used Flower Mound’s SMARTGrowth criteria to ensure growth does not occur at the expense of environmental quality, community character, or quality of life to the Town’s residents. Commission members followed residential density criterion and the Town’s Master Plan when reviewing residential development requests, which allowed for a wide range of housing opportunities.

• The SMARTGrowth Commission also met throughout the year. During 2012, the committee held four work sessions where the members were given updates on the following components of Town’s SMARTGrowth Program: the transportation component; the Adequate Public Facilities component relative to park land, access to trailheads or public recreation areas, and public schools; the Adequate Public Infrastructure component including, but not limited to, water supply, water pumping capacity, wastewater treatment capacity, wastewater lift station pumping capacity, and wastewater interceptor capacity; and the Fire and EMS components, in conjunction with the ten year anniversary of the SMARTGrowth program.

• The SMARTGrowth Traffic Analysis is a comparison of the capacity of surrounding roadways to the traffic generated by a proposed development; when a roadway improvement has been made, the improvements directly affect the results of the SMARTGrowth analysis. All thoroughfare roadway improvement projects constructed within the Town provide for improved roadway capacity (ability to handle cars). Some additional recent projects include Dixon, Garden Ridge, Spinks, Flower Mound Road, Morriss/Gerault, and Kirkpatrick.

• The Federal Bureau of Investigation (FBI) recently published the annual “Crime in

the United States” report, which identified numerous favorable crime statistics for Flower Mound when compared to cities of similar population within the State of Texas and the nation. Most notably, the Town ranked state-wide as having the fewest violent crimes, property crimes, and total reported crimes within the Town’s population category, based upon the overall number of reported crimes per resident. The Town was named the 31st safest city.

2. The Fair Housing Committee will continue its routine review of the Town’s zoning and

subdivision ordinances, building codes and impact fees; and when necessary, bring any potential impediments to the attention of management and the Town Council.

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Actions Taken:

• The Town’s Planning Services Division is represented on the Fair Housing Committee. This Division reviews, administers and enforces Town codes and regulations pertaining to the development of commercial and residential property through the planning and zoning process. During the year, no impediments were identified that needed to be brought to the attention of management and the Town Council.

• The Town’s Building and Inspection Services Division is represented on the Fair Housing Committee. This Division reviews building codes and enforces building, electrical, plumbing and mechanical code regulations within Flower Mound. Permits are required before performing any new construction or any addition, alteration or repair of existing buildings, structures, plumbing, electrical or mechanical work. During the year, no impediments were identified that needed to be brought to the attention of management and the Town Council.

• The Infrastructure Services Department is represented on the Fair Housing Committee. This Department reviews impact fees and provides planning, design review, implementation, quality control and maintenance for the Town’s infrastructure system and improvement projects. During the year, no impediments were identified that needed to be brought to the attention of management and the Town Council.

3. The Economic Development Department will work closely with the Chamber of

Commerce to provide business and retention development programs, with incentives for economic development. This will help to ensure an increase in the number of businesses locating in Flower Mound and result in a more balanced tax base and increased local employment opportunities.

Actions Taken:

• The Town is a Diamond-level member of the Flower Mound Chamber of Commerce, the highest level of membership the Chamber offers. Each year, the Chamber hosts a luncheon featuring the Mayors of Flower Mound, Lewisville and Highland Village providing a “State of the Cities” address for the area businesses. The Chamber partners with the Town, as well as neighboring Chambers, on a number of annual events, such as “Unity in Communities.” Each year the Flower Mound and Lewisville Area Chambers of Commerce and the Highland Village Business Association honor the three Mayors, along with area non-profit organizations that serve our communities.

• Flower Mound’s $100,000 homestead exemption for disabled and senior citizens

remains in effect, offering an opportunity for more affordable housing.

• Flower Mound issued 35 new commercial building permits during the most recently ended fiscal year, and as of October, sales tax revenues are up 15.6% from the previous fiscal year.

• In November 2012, the Flower Mound Town Council unanimously approved three

items to put the 155-acre Lakeside DFW mixed-use project in motion. The Council approved a Master Plan amendment to change the land use designation to mixed-use, rezone the property to mixed-use, and amended the Master Plan to

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change the designation of Lakeside Parkway to an urban minor arterial with on-street parking.

• In November 2012, the Economic Development department launched a campaign

to celebrate the vibrancy of the community and encourage residents to shop, eat and be healthy in Flower Mound. The new Living Local Flower Mound mobile website is a comprehensive listing of healthcare resources, restaurants and retail businesses in Flower Mound. The site provides convenient browsing by categories so residents can find what they are looking for right here in Town. Locations, maps, phone numbers, website addresses and more are included in the listing. The site also lists events and news specific to Flower Mound. Business open houses, new physicians, restaurant openings, and more are all accessible at a click of a button.

• The Flower Mound Town Council approved a measure in February 2013 to

formalize a new Small Business Innovation Research/Small Business Technology Transfer (SBIR/STTR) Phase Zero program, and groundbreaking partnership with the University of North Texas that will exclusively benefit Flower Mound businesses. The goal of Phase Zero is to help Flower Mound small businesses, primarily in the medical technology field, effectively compete for federal SBIR and STTR grants with the assistance of experts at the University of North Texas, a public research university that is home to Discovery Park, which specializes in research, technology development and entrepreneurship. Through this partnership, the Town will invest in local businesses by enabling them to develop concepts that could lead to commercialization, and ultimately help their businesses expand and become more successful. Interested Flower Mound businesses can submit an application to the Town for review by a selection committee. Applicants approved by the Town can receive up to $5,000 to help defray the costs of preparing a SBIR/STTR Phase 1 proposal. The University of North Texas will provide businesses participating in the program with access to professors and other resources in the field of study to help strengthen the grant application.

4. The Community Relations Department and Financial Services Department will

continue to foster partnerships with community agencies, which are established to provide the necessary resources for affordable housing. Services will be targeted to those areas where larger percentages of low and moderate-income families reside, and to populations identified as needing services, such as the elderly, youth, and single householders living below the poverty level with children and no spouse present.

Actions Taken:

• The Town Grants Coordinator continues to serve as Flower Mound’s representative to the Denton County Homeless Coalition. The Grants Coordinator also sits on the Denton County Homeless Coalition Steering Committee and the Point in Time Committee. During the year, Grants staff participated in bi-monthly Coalition meetings and monthly Steering Committee meetings with area low- and moderate-income service providers.

• The Town of Flower Mound expanded Special Programs for Aging Needs (SPAN) transportation services to include trips to a place of employment for Flower Mound residents who are eligible to utilize the service. The on-demand transit

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service is available for Flower Mound residents who are age 65 or older, and/or who have verifiable disabilities that prevent them from driving.

• Flower Mound leveraged CDBG and Town general funds to subsidize transportation services for 24 different elderly and disabled Town residents who took 1352 one-way rides during PY 2012.

• Flower Mound’s Community Outreach Committee is chaired by Finance staff and continues to meet quarterly. The Committee includes members who represent church, private sector, banking, and social service agencies. Many of these members provided services to Flower Mound residents during the year. For example, the Christian Community Action (CCA) Agency provided more than $67,202 worth of food to qualifying Flower Mound families needing assistance in the 2012 calendar year. CCA assisted 141 unduplicated adults and 102 unduplicated children from Flower Mound in the 2012.

• Lewisville-based Christian Community Action held a ribbon-cutting ceremony in

February 2013 to celebrate the opening of the new 41,000-square-foot distribution and donation center at 900 Lakeside Parkway in the Lakeside Business District. The facility, which features a two-lane covered drive-up and more than 25,000 square feet of warehouse space, opened in April 2013.

5. The Community Services Department will ensure that residents living in those

Census Tracts with a high percentage of poverty-level incomes are made aware of job training and job search workshop opportunities at the Library.

Actions Taken:

• The Flower Mound Public Library serves as a referral source for job awareness. The library provides databases which are used for job searching and applying for jobs online. During the year, approximately 144 individuals used the databases to search and apply for jobs.

• The Library also subscribed to three online databases that related to the whole

job searching process. These databases were available both onsite and remotely 24/7. There were approximately 1377 sessions on these databases during the year. The Library continued to purchase new books that relate to résumé writing, interviewing, testing and starting a small business.

6. The Community Development Block Grant Advisory Committee will consider

incorporating Home Improvement and Minor and Emergency Home Repair Projects into Flower Mound’s Consolidated Plan for Housing and Community Development as funds become available. This would provide CDBG grant resources to those low and moderate-income homeowners living in housing that needs repair.

Actions Taken:

After making plans to conclude the Sunrise Circle Project, the Community Development Block Grant Advisory Committee decided to amend Flower Mound’s Consolidated Plan for Housing and Community Development and design a Residential Rehabilitation Program began in PY 2012. Use of CDBG funds for this project will provide assistance to low and moderate-income homeowners whose homes are in need of repair. The first year of the Residential Rehabilitation

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Program was a success. We were able to complete the rehabilitation on 2 houses and are in the process of completing another.

Leveraging Resources Flower Mound realized a sizeable increase in the amount of senior citizens and severely disabled adults who are utilizing the Town-wide Transit Service. In order to meet the growing demand for this service, Flower Mound leveraged $12,786.00 of General Funds to supplement payments to SPAN once CDBG resources had been completely exhausted. This past year, 1352 rides were provided to 24 different senior citizens and severely disabled adults. Managing the Process The Town of Flower Mound Financial Services Department, 2121 Cross Timbers Road, Flower Mound, Texas 75028, is the lead agency responsible for overseeing development and administration of the consolidated plan. Kay Wilkinson, Grants Coordinator, is the lead agency contact person. She can be reached at 972-874-6040. To facilitate effective use of leveraged funds and ensure compliance with program and comprehensive planning requirements, Town staff conducted research and analysis and consulted with public and private agencies as well as Town citizens. Staff researched and analyzed socioeconomic data, census data, geographic information and other relevant quantitative information. Data sources included Town reports, policies, practices and procedures, and reports involving housing and housing-related activities, Flower Mound’s 2001 Master Plan that was amended in 2011, the North Central Texas Council of Governments, the United States Bureau of the Census, the Texas Workforce Commission, and the Denton Central Appraisal District. Town staff also consulted and/or met with housing service agencies such as Denton Affordable Housing Agency, social service agencies including Denton County Friends of the Family, Pedi Place and the Christian Community Action Agency, health and lead-based paint agencies including the Department of Assistive and Rehabilitative Services and the Texas Department of State Health Services, homeless services including the Salvation Army and the Denton County Homeless Coalition, adjacent local governments including the City of Denton and the City of Lewisville, organizations that provide housing and supportive services to special needs populations including Service Programs for Aging Needs, HOPE Inc., Camp Summit, and North Central Texas Aging and Disability Resource Center. Citizen Participation The Citizen Participation Plan requires the Town to post public notices for performance reports that are published in the newspaper and on the Town web page to ensure that interested groups, agencies, organizations, and individuals have an opportunity to provide comments regarding Flower Mound’s use of federal grant funds under the Community Development Block Grant Program. These requirements were designed especially to encourage participation by low and moderate income persons, particularly those living in areas where CDBG funds are proposed to be used, and by residents of predominantly low and moderate income neighborhoods.

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During the comment period, a copy of the report was posted on the Town web page, www.flower-mound.com, at the Town Library located at 3030 Broadmoor Lane and at Town Hall located at 2121 Cross Timbers Road. On October 29, 2013, a public hearing was also held at Flower Mound’s Public Library. This meeting place is easily accessible to all Town citizens, including disabled citizens. All meeting notices and the Town website noted that translation services were available upon request, and that persons with disabilities would be accommodated upon request. Public notices announcing the hearing were issued two weeks prior to the hearing date. Information about the public hearing was published in the Denton Record-Chronicle, posted at Town Hall in an area easily visible to all who enter the building, and on the Town web page. No comments were received. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the Town’s Grants Coordinator continued to maintain open communication with Town departments, Town citizens, public and private housing programs, service agencies, the Denton County Homeless Coalition’s general body and steering committee, and the U.S. Department of Housing and Urban Development (HUD) to gather information related to the following: Progress on accomplishing activities, programs and projects specified in the

Consolidated Plan and the 2012 Action Plan; Proposals for new activities, programs and projects to be implemented, which were not

specified in the Consolidated Plan; Any changes in housing or community development needs; and Assistance needed to improve housing and community development activities, including

the preparation of grant applications. To help maintain a continuing and open dialogue, a CDBG Advisory Committee, a Community Outreach Committee, a Lead-Based Paint Task Force and a Fair Housing Committee were implemented during previous years. These committees conduct research and analysis, facilitate community input, and offer resources to help ensure that services are available as needed but do not overlap. The Community Outreach Committee includes representatives from agencies established to provide necessary resources to those in need. In addition, the Town’s Grants Coordinator actively participates in the Denton County Homeless coalition. Monitoring To ensure compliance with grant requirements and effectiveness in solving neighborhood and community problems, Town staff conducted desk and on-site monitoring of all operational projects identified in the Annual Plan. Desk reviews were conducted monthly and on-site monitoring reviews were conducted once during the year. Technical assistance is provided on a continuing basis. No problems or issues were identified in any of the two CDBG projects that needed to be corrected during the review. Flower Mound’s programs are having a positive effect in solving neighborhood and community problems. While progress is slow due to a lack of available funding, our

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http://www.flower-mound.com/

community is meeting priority needs and specific objectives that will help to make Flower Mound’s vision of the future a reality. By collaborating and leveraging funds, we were able to provide the opportunity for our low and moderate-income persons to have access to decent housing, a suitable living environment, and expanded economic opportunity. The Town-wide Transportation Project offered our community’s special needs population

cost-effective transportation services.

The Town’s Residential Rehabilitation Program was designed to expand the supply of decent, safe, sanitary and affordable housing, to correct health and safety hazards in deteriorated housing and to extend the useful life of existing housing units.

Our populations with incomes below the poverty level have local access to computer

literacy training and job search resources and 94 new businesses brought additional job opportunities to Flower Mound during the year.

Our low and moderate-income residents have access to housing and rental opportunities

as a result of Town policies and partnerships with service providers. The Denton Housing Authority provided rental assistance to 14 clients during the year. In addition, the Town’s participation in the Denton County Homeless Coalition provides a safety net for any homeless who may be identified.

The following chart best displays the results: Performance Indicator Results Housing Number of homebuyers referred to a financial

assistance provider 2 referrals.

Homeless Number of planning meetings attended 13 meetings.

Number of persons referred for assistance 2 persons.

Number of persons provided Section 8 rental assistance by Denton Housing Authority

14 persons.

Public Service: Number of persons provided with access to transportation 24 persons.

Rehabilitation: Number of low- or moderate- income households that participated in the Residential Rehabilitation Program designed to expand the supply of decent, safe, sanitary and affordable housing, to correct health and safety hazards in deteriorated housing and to extend the useful life of existing housing units.

2 completed households and one in progress.

Creating Economic Opportunity: Number of new businesses locating in Flower Mound

94 new businesses.

Creating job opportunity: Number of persons receiving job search education

3 persons attended job workshops. Approximately 144 persons assisted with job searches through the library. Approximately 1377

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Performance Indicator Results log-ins to job databases.

Special Needs: Number of persons receiving exemptions on appraised value of residence homesteads

2,439 households.

Ensuring Program Integrity

Number of on-site monitoring reviews 1 review.

Carry out planning & program administration activities (up to 20% of CDBG expenditures)

7.59% of CDBG expenditures.

Lead Based Paint Flower Mound formed a Lead-Based Paint Task Force which conducted research and analysis to identify any risks associated with lead-based paint in Flower Mound. The Task Force then developed a report that included recommendations based on findings. The CDBG Advisory Committee accepted this report and incorporated the recommendations into Flower Mound’s Consolidated Plan that was approved by the Town Council. As recommended by the Task Force, the Town’s Neighborhood Services Division continues to be identified as Flower Mound’s central point of contact for lead-based paint issues and education materials are made available to Flower Mound citizens on the Town’s website and at Town Hall.

HOUSING Housing Needs Flower Mound’s Consolidated Plan for Program Years 2010-2014 incorporates the Housing Needs Worksheet in HUD’s Needs.xls workbook. This worksheet reflects the U.S. Census Bureau’s survey conducted in 2000. It indicates that in Flower Mound, categories of households with income levels below 80% of the median family income all had at least 60% reporting of housing problems in owner-occupied units. Of these, at least half are elderly and small related households. The large number of owner-occupied housing units reporting housing problems dictates that any funding that might become available should be directed to meeting the needs of households earning less than 80% of the median family income and living in owner-occupied units. When Flower Mound developed its first Consolidated Plan in Program Year 2002, citizen input, research and analysis to identify service level weaknesses and areas of need, and Town Council goals and objectives placed a high priority on providing first-time fire protection water, sewer, and street services in the Sunrise Circle Estates neighborhood. During the next five years, projected available CDBG funds were committed to this multi-year project as it continued to be identified as a high priority. In order to complete the water, sewer, and street improvements that the Town has been constructing in this neighborhood in a timelier manner, Town Council approved the use of funds from the Street Maintenance-Sales Tax Fund on January 19, 2012. Combined with the remaining unspent CDBG funds from prior years, the Sunrise Circle Estates project was completed in December 2012.

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Flower Mound’s Program Year 2012 Action Plan identifies (1) leveraging funds to supplement scarce resources, (2) facilitating the availability of affordable housing for the disabled and senior citizens and (3) fostering a balanced tax base as housing priorities and objectives. Actions taken during the last year are as follows: Leveraging funds – The Town collaborated with the Denton County Homeless Coalition

and the Denton Affordable Housing Agency. Callers seeking funding are provided information about the programs available and referred to the appropriate agency.

Affordable housing for the disabled and senior citizens – The Town maintained the

exempted amount of appraised value of residence homesteads of the disabled and individuals 65 years of age or older at $100,000. This benefitted 2,439 elderly and disabled households.

Fostering a balanced tax base: General Fund sales tax revenue for fiscal year 2012-2013

was projected to be $7,904,220 and $8,700,000 in fiscal year 2013- 2014. In PY 2012, we welcomed 94 new businesses to Flower Mound.

Flower Mound issued 35 new commercial building permits in PY 2012. Specific Housing Objectives During the year, Flower Mound’s Grants Coordinator responded to two inquires about opportunities for low and moderate-income citizens to purchase/ maintain homes in the Flower Mound area. The caller was provided information about the various programs available and referred to a representative of Wells-Fargo Home Mortgage and to a representative of the Denton County Housing Finance Corporation. The following chart shows the Town’s progress in meeting the specific objective of providing affordable housing: Goal: Housing

Objective Five-Year Objective

PY 2012 Objective

PY 2012 Accomplishment

Cumulative Accomplishment

Increase the opportunity for low and moderate-income homeowners in Flower Mound through collaboration with the Denton County Housing Finance Corporation and other lending institutions (10 referrals over a five-year period).

10 referrals.

2 referrals.

2 referrals. 4 referrals.

Flower Mound currently does not have a HOME grant, which incorporates the Section 215 definition of affordable housing for rental and owner households. The housing needs of persons with disabilities and worst-case housing needs were addressed through the referral process described above and through the Town’s residential tax exemption for the disabled and senior citizens.

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Public Housing Strategy Flower Mound has no public housing at this time. Barriers to Affordable Housing Actions taken during the last year to eliminate any potential barriers to affordable housing are described above in the “General Questions” section. As discussed, Flower Mound’s Fair Housing Committee conducted an analysis of impediments to fair housing choice, and produced a report that was approved by our Town Council as a part of the Town’s Program Year 2010-2014 Consolidated Plan. The analysis did not reveal any overt barriers to fair housing choice; however, it did show that Flower Mound will benefit by several actions which are described in the “General Questions” section. In February 2013, the Fair Housing Committee met to review PY 2012 activities and conduct an Analysis of Impediments to Fair Housing Choice Status Report for Program Year 2012. The committee determined that the activities identified during PY 2010-2014 are being carried out and no changes need to be made at this time. The Status Report for Program Year 2012 was incorporated into Flower Mound’s PY 2013 Annual Plan and approved by the Town Council on August 5, 2013. HOME/American Dream Down Payment Initiative (ADDI) At this time, Flower Mound does not receive any HOME/ADDI funding.

HOMELESS Homeless Needs To address the needs of homeless persons, Flower Mound passed a resolution on November 7, 2011, in support of ending chronic homelessness, and partnered with agencies having resources to provide temporary shelter and supportive services to Flower Mound citizens. Flower Mound’s Grants Coordinator serves as the Town’s representative on the Denton County Homeless Coalition, Denton County Homeless Coalition Steering Committee and the Point in Time Committee. To further this objective, the Grants Coordinator participated in 13 meetings during the year. These included general body Coalition meetings and steering committee meetings. To further address the needs of homeless persons as well as those at risk of becoming homeless, Flower Mound’s Program Year 2010-2014 Consolidated Plan incorporates a Residential Anti-Displacement and Relocation Assistance Plan. This Plan identifies steps that will be taken to minimize the displacement of persons as a result of activities carried out under the Community Development Block Grant. During the past year, Town staff reviewed and amended the Plan to ensure that it was current. No grant activities resulted in involuntary displacement of persons during the year. However, if such displacement had occurred the Town would have followed the procedures described in the Plan. To help homeless persons make the transition to permanent housing and independent living, the Town served as a referral source. The Grants Coordinator participates in the Denton County Homeless Coalition to ensure we have up to date information about the

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services offered in Denton County and to help ensure homeless persons receive continuum of care without gaps in services. The Denton County Homeless Coalition was formed in June 2001 to help address the needs of the increasing homeless and potentially homeless households. The coalition is comprised of representatives from non-profit agencies, Denton County cities, churches and school districts. The Coalition is the lead entity for the Continuum of Care Planning process for Denton County and approves any major Continuum of Care decisions. In 2012, the Coalition received a consolidated $68,680 Continuum of Care Grant award from the U. S. Department of Housing and Urban Development to continue the provision of transitional and permanent supportive housing, and to continue the provision of Denton County’s Homeless Management Information System. The General Body uses information identified by service providers and the point-in-time homeless count to review and approve goals for the provision of services, update priority services and service populations and identify gaps in service, changes in services offered and populations served. The Coalition maintains a Homeless Management Information system that provides service agencies with reporting information about the services participants receive. Flower Mound does not currently have Federal resources obtained from a Homeless SuperNOFA. The Denton County Homeless Coalition regularly applies for grant awards designated to provide resources which help to continue the provision of permanent supportive and transitional housing throughout the county. Specific Homeless Prevention Elements Specific homeless prevention elements carried out during the year include sponsoring job-related workshops, providing job-related databases and using Town General Funds to help fund service provider agencies. Flower Mound’s Library offers job-related databases which are used for job searching and applying for jobs online. During the year, approximately 1377 users accessed the job-related databases. To help ensure service providers have the resources available to offer services to the homeless population, Flower Mound granted $206,473 in General Funds to area community support agencies such as SPAN, Inc. (Meals on Wheels), Denton County Children’s Advocacy Center, and Denton County Friends of the Family. Town citizens also generously provided cash and other donations to these agencies through their churches and special collection events. Throughout the year, our community demonstrated an ongoing commitment to end homelessness by providing education and other resources as well as partnering with area service providers. The following chart shows the Town’s progress in meeting the specific objective of preventing homelessness: Goal: Homeless Prevention Objective Five-Year



Cumulative Accomplishments

Participate in the county-wide Continuum of Care planning process each year (Town staff attend at least 2 meetings per year).

10 meetings.

2 meetings.

13 meetings. 34 meetings.

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Serve as a referral source for individuals and families with children at imminent risk of becoming homeless (refer 5 persons over a five-year period).

10 referrals.

2 referrals.

0 referral. 3 referrals.

Emergency Shelter Grant At this time, Flower Mound does not receive any Emergency Shelter Grant funding.

COMMUNITY DEVELOPMENT Community Development Flower Mound’s Consolidated Plan identifies priority non-housing community development needs eligible for assistance as (a) planning and administration, (b) public facilities and improvements and (c) public services. The Plan also states that the Town will carry out economic development activities without using CDBG funding. To achieve these goals, Flower Mound identified specific objectives that will improve the availability of a suitable living environment for our community’s low and moderate-income residents: Citizen input and research and analysis were used to identify service level weaknesses

and areas of need, Town Council goals and priorities provided the basis for assigning a high priority need for planning and administration, finishing the street improvements in the Sunrise Circle Estates neighborhood, subsidized transportation for the Town’s elderly and severely disabled adults, and start the Residential Rehabilitation Program that is designed to expand the supply of decent, safe, sanitary and affordable housing, to correct health and safety hazards in deteriorated housing and to extend the useful life of existing housing units. During the year, Flower Mound used CDBG funds to carry out the Program Year 2012 specific objectives as follows:

o Planning and administration – Flower Mound achieved its objective to use less than

20% of CDBG grant expenditures to carry out planning and program administration activities during the year. Town staff used 7.59% of CDBG funds to implement and manage activities that included ensuring identified objectives were achieved to the extent possible, ensuring expenditure and reporting requirements were met, monitoring projects, helping to resolve any identified issues, and providing technical assistance on a continuing basis. Town staff also played an important role in developing and submitting Flower Mound’s Program Year 2013 Annual Plan.

o Public facility and improvements – Flower Mound continued its objective to pave Sunrise Circle Street. Construction of the Sunrise Circle street improvements were completed in December 2012. The completed project includes new concrete streets replacing the existing asphalt paving and curb and gutter to allow for improved drainage in the neighborhood and new driveway approaches. There is no remaining paving and associated storm sewer improvements necessary in the Flower Mound portion of the subdivision.

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o Public Services – Flower Mound subsidized Town-wide transit service for 24 elderly and disabled residents. We expected to provide Town-wide transit services to 10 elderly and disabled residents this year, but due to the increased need among the Town’s elderly and disabled population for available/accessible transportation, the volume of rides exceeded expectations. Community Development Block Grant funds were used to benefit 24 qualifying residents – 20 seniors and 4 severely disabled adults, 21 years and older. Town general funds of $12,786 were used once the $20,000 of CDBG funds was spent.

o Residential Rehabilitation- Flower Mound started the Residential Rehabilitation Program in Plan Year 2012. The program is designed to expand the supply of decent, safe, sanitary and affordable housing, to correct health and safety hazards in deteriorated housing and to extend the useful life of existing housing units. To date, the Town has completed the rehabilitation of 2 houses and is in the process of completing another house. Residents of Flower Mound are eligible for the program if they have do not exceed 80% of the country’s median income as published annually by HUD and do not have more than $8,000 of liquid assets.

In addition to the activities funded by CDBG, Flower Mound used General Funds to carry out economic development activities. Our community experienced an increase of 94 new businesses during the year. The new 59,867-square-foot Tom Thumb grocery store opened in October 2012. This store serves as the anchor tenant of Cross Timbers Village. Soon after its grand opening, construction also began on three additional retail buildings, Chase Bank and a Walgreens Pharmacy adjacent to the property. In November 2012, the Flower Mound Town Council unanimously approved three items to put the 155-acre Lakeside DFW mixed-use project in motion. The Council approved a Master Plan amendment to change the land use designation to mixed-use, rezone the property to mixed-use, and amended the Master Plan to change the designation of Lakeside Parkway to an urban minor arterial with on-street parking. Caddis Partners developed a five-acre site located north of Northwest Plaza and south of Windsor Lane along FM 2499 into a one-story, 42,000-square-foot medical office building. Construction of the building was completed in December 2012 and is currently being leased. Several tenants including Texas Health Resources Lifetime Family and Specialty Clinic, Lewisville Obstetrics & Gynecology Associates, and Center for Dermatology and Cosmetic Laser Surgery have already signed leases and are seeing patients. Hollymead Cantex Continuing Care Center is currently under construction as part of Flower Mound's expanding medical corridor. Hollymead, part of the Cantex Continuing Care Network, will be a skilled nursing facility that provides transitional care, in- and out- patient rehabilitation programs, chronic disease management, home health care, and hospice services. Hollymead will be a one-story, 64,179-square-foot facility with 104 units, of which 96 will be private rooms. According to officials, the $12 million project will bring approximately 100 new jobs to the community. The anticipated opening date for Hollymead Cantex Continuing Care Center is March 1, 2014.

The following chart shows the progress made toward meeting identified goals for

providing affordable housing:

Objective Five-Year Objective

PY 2012 Objective



Carry out planning and program administration activities (up to 20% of



7.59% 6.75%

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Goal: Non-Housing Community Development As indicated above, 100% of CDBG funds expended were used for eligible activities such as improving the availability of a suitable living environment by implementing street improvements in Sunrise Circle Estates, rehabilitating low- or moderate- income resident’s homes in order to extend its useful life and providing subsidized transportation to the Town’s elderly and disabled population. The individuals served by the transportation program are a presumed low/moderate clientele because those served are either elderly or disabled. The only program objective change during the year was to add the Residential Rehabilitation Program. The Sunrise Circle project was completed in December 2012. Based on citizen

CDBG grant expenditures). Provide quality infrastructure improvements in the Sunrise Circle Estates neighborhood, including improved streets (street improvements). Objective is a suitable living environment. Outcome is availability/accessibility.

533 persons benefit from streets.

Complete construction of the Sunrise Circle Street project.

Phase V design and construction is complete. This project was completed in December 2012.This project provides improved streets for the Sunrise Circle subdivision area.

Completed Phase IV. Completed Phase V. This project was completed in December 2012.


50 persons. Improve the availability of a suitable living environment by subsidizing Town-wide transportation for the Town’s elderly and severely disabled adults: 10 persons.

24 persons. 48 persons.

Start the Residential Rehabilitation Program to expand the supply of decent, safe, sanitary and affordable housing, to correct health and safety hazards in deteriorating structures and to extend the useful life of existing housing units.

1 household. 2 households. 2 households. 2 households.

Foster a balanced tax base by supporting the Chamber of Commerce in efforts to provide business and retention development programs to increase the number of businesses locating in Flower Mound (10 new business per year).

50 new businesses.

10 new businesses. 94 new businesses. 380 new businesses.

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input and direction from Town Council, Flower Mound started a Residential Rehabilitation Program in PY 2012. The program is designed to assist low and moderate income homeowners in Flower Mound with the rehabilitation of their single-family, owner-occupied houses in order to expand the supply of decent, safe, sanitary and affordable housing, to correct health and safety hazards in deteriorated housing and to extend the useful life of existing housing units. In an effort to carry out planned actions, Flower Mound pursued all resources indicated in the Consolidated Plan. There were no requests for certifications of consistency during the past program year. The Town did nothing to hinder Consolidated Plan implementation by action or willful inaction. All CDBG funds were used for national objectives. Flower Mound had no anti-displacement and relocation activities during the year for activities that involved acquisition, rehabilitation or demolition of occupied real property. Flower Mound undertook no economic development activities where jobs were made available but not taken by low or moderate-income person. Flower Mound had no low/mod limited clientele activities during the year that did not fall within one of the categories of presumed limited clientele low and moderate income benefit. Flower Mound received no program income during the program year. Flower Mound had no prior period adjustments where reimbursement was made this reporting period for expenditures (made in previous reporting period) that have been disallowed. Flower Mound had no loans or other receivables during the program year. Flower Mound had no lump sum agreements during the program year. Flower Mound had no HUD-approved neighborhood revitalization strategy during the program year. Antipoverty Strategy The American Community Survey 2008-2010 3-Year Estimates indicate the nation’s poverty rate of 14.3% is statistically lower than the Texas rate of 17.0%. Denton County’s poverty rate of 7.9% and Flower Mound’s 2.8% are down from previous years. The Texas Workforce Commission reports a June 2013 unadjusted unemployment rate of 5.7% in Flower Mound. This is lower than last year’s reported rate of 6.5%. Based on the identified need, Flower Mound’s strategy to reduce the number of persons living below the poverty level includes fostering a relationship with service providers, creating public awareness and supporting training and employment activities provided by the Town library: To increase employment opportunities and provide a referral network for those families

seeking rental and other assistance, Town staff continued to inform and assist families with Section 8 rental assistance and self-sufficiency skills through the Denton County

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Housing Authority, offer training and supportive services leading to employment through the Texas Workforce Commission and provide information about homebuyer assistance available through the Denton County Housing Finance Corporation. Town staff also provided information about other agencies offering an array of needed services. These agencies included the Christian Community Action Agency and their Adult Health Center, Pedi Place, Day Stay for Adults, Denton County Friends of the Family, Flower Mound Youth and Family Counseling, the Salvation Army, and Service Programs for Aging Needs. To reinforce Flower Mound’s partnership with these agencies, Town staff also continued to actively participate in the Denton County Homeless Coalition and chair Flower Mound’s Community Outreach Committee, which is hosted quarterly in partnership with the City of Lewisville.

To help create public awareness about available services, Town staff maintained links to resource providers on Flower Mound’s website at www.flower-mound.com and also maintained a supply of informational brochures at Town Hall.

In addition to serving as a referral source and creating public awareness, Flower Mound’s Library provides databases which are used for job searching and applying for jobs online. During the year, approximately 1377 individuals used the databases to search and apply for jobs.

Following are specific objectives for the Town’s antipoverty strategy along with accomplishments that were achieved: Goal: Antipoverty Objective Five-Year




Support training and employment activities provided by the library (40 persons each year).

200 persons.

40 persons.

3 persons. 148 persons.

Flower Mound provided the opportunity for those citizens living below the poverty level to succeed by networking with resource providers, leveraging resources, and providing information, referrals, education, and job search opportunities.

NON-HOMELESS SPECIAL NEEDS Non-homeless Special Needs The American Community Survey 2008-2010 3-Year Estimates show that 4.8% of Flower Mound’s population is over 65 years of age. This is an increase from the 2.7% reported for 2000. The Estimates also show that 6.2% are disabled. This is an increase from the 5.86% reported in the 2000 surveys. Information obtained from the 2010 Texas Integrated Epidemiologic Profile for AIDS/HIV Prevention and Services Planning report published by the Texas Department of State Health Services revealed that 686 persons with HIV/AIDS live in Denton County. During the year, Flower Mound staff maintained an awareness of the level of need, partnered with service providers, leveraged funding for services and maintained the exempted amount of the appraised value of residence homesteads for seniors and disabled households:

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• Staff maintained an awareness of the level of special needs of our community’s citizens through daily interaction with Town residents as well as organizations such as our Town-sponsored “Seniors in Motion” organization and Community Outreach Committee. For example, Flower Mound’s “Meals on Wheels” program is operated through Denton County’s Service Programs for Aging Needs (SPAN). The Town provided $5,000 in General Funds to help subsidize the program and Flower Mound volunteers helped to deliver meals to our community’s homebound elderly and disabled.

Every effort is made to address identified needs by leveraging resources with area

service providers. As stated previously, Flower Mound participates in the Denton County Homeless coalition and sponsors a local Community Outreach Committee. These organizations include a network of service providers who help ensure resources are available for special needs populations. Member agencies serving these populations include Denton County Friends of the Family, Counseling Center of Denton, North Central Texas Aging and Disability Resource Center, and the Salvation Army.

To assist with housing costs, Flower Mound maintained the exempted amount of the

appraised value of residence homesteads at $100,000 for 2,439 senior and disabled households.

Following is the specific objective for the non-homeless special needs population, along with accomplishments that were achieved: Goal: Non-Homeless Special Needs Objective Five-Year




Facilitate affordable housing for disabled and senior citizens by maintaining the tax exempted amount of the appraised value of residence homesteads at $100,000 (1,758 households each year over a five-year period).

8,790 households.

1,758 Households.

2,439 households. 5,998 households.

Specific HOPWA Objectives At this time, Flower Mound does not receive any HOPWA funding.

OTHER NARRATIVE There are no other comments at this time.

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CITIZEN PARTICIPATION Flower Mound’s Program Year 2012 Consolidated Annual Performance & Evaluation Report identifies the Federal funds made available for furthering the objectives of the jurisdiction’s Consolidated Plan. The report identifies the total amount of funds available, the total amount of funds committed during the reporting period, the total amount expended during the reporting period, and the geographic distribution and location of expenditures. Maps are included, along with written descriptions of the geographic distribution and location of investments. The report was made available to citizens for comment for 30 days. During the comment period, a copy of the report was posted on the Town web page at www.flower-mound.com, at the Town Library, 3030 Broadmoor Lane, and at Town Hall, 2121 Cross Timbers Road. On October 29, 2013, a public hearing was also held at Flower Mound’s Public Library. This meeting place is easily accessible to all Town citizens, including the disabled. All meeting notices and the Town website noted that translation services were available upon request, and that persons with disabilities would be accommodated upon request. Public notices announcing the hearing were issued prior to the hearing date. Information about the public hearing was published in the Denton Record-Chronicle and on the Town web page. It was also posted in public buildings, and provided to media and service organizations in the area. No comments were received.

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Financial Summary

Community Development Block Grant Program

1. Name of Grantee 2. Grant Number 3. Reporting Period

From: To:

Town of Flower Mound #B-12-MC-48-0042 10/1/2012 9/30/2013

Part I: Summary of CDBG Resources

1. Unexpended CDBG funds at end of previous reporting period (balance for prior program years) 140,940.46$

2. Entitlement Grant from form HUD 7082 185,975.00$

3. Surplus Urban Renewal Funds -$

4. Section 108 Guaranteed Loan Funds (Principal Amount) -$

5. Program Income Received byGrantee (Column A) Subrecipient (Column B)

a. Revolving Funds -$ -$

b. Other (Identify below. Provide details on an attachment)

-$ -$

-$ -$

c. Total Program Income (sum of columns a and b) -$

6. Prior Period Adjustments (if a negative amount, enclose in brackets) -$

7. Total CDBG funds available for use during this reporting period (sum of lines 1 - 6) 326,915.46$

Part II: Summary of CDBG Expenditures

8. Total expenditures reported 336,627.64$

9. Total expended for planning and administration 14,113.11$

10. Amount subject to low/mod benefit calculation (line 8 minus line 9) 322,514.53$

11. Unexpended balance (line 7 minus line 8) (9,712.18)$

Part III: Low/Mod Benefit This Reporting Period

12. Total low/mod credit for multi-unit housing expenditures -$

13. Total from all other activities qualifying as low/mod expenditures 322,514.53$

14. Total (line 12 plus line 13) 322,514.53$

15. Percent benefit to low/mod persons (line 14 divided by line 10) 100.0%

Part IV: Low/Mod Benefit for Multi-year Certifications (only if certification period includes prior years)

Program years covered in certification PY__________ PY__________ PY__________

16. Cumulative net expenditures subject to program benefit calculation -$

17. Cumulative expenditures benefiting low/mod persons -$

18. Percent benefit to low/mod persons (line 17 divided by line 16)

Part V: Public Service (PS) Cap Calculation

19. Total PS expenditures 20,000.00$

20. Total PS unliquidated obligations -$

21. Sum of line 19 and line 20 20,000.00$

22. Total PS unliquidated obligations reported at the end of the previous reporting period -$

23. Net obligations for public services (line 21 minus line 22) 20,000.00$

24. Amount of program income received in the preceding program year -$

25. Entitlement grant amount (from line 2) 185,975.00$


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27. Percent funds obligated for public service activities (line 23 divided by line 26) 10.8%

Part VI: Planning and Program Administration Cap Calculation

28. Amount subject to planning and administrative cap (line 2 plus line 5c) 185,975.00$

29. Total planning and administration expenditures (line 9) 14,113.11$

30. Total P&A unliquidated obligations -$


32. Total P&A unliquidated obligations reported at the end of the previous reporting period

33. Net obligations for planning and administration (line 31 minus line 32) 14,113.11$

34. Percent of funds obligated for planning and administration (line 33 divided by line 28) 7.6%

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Financial Summary Attachment

A. Program Income Received 0

B. Prior Period Adjustments 0

C. Loans and Other Receivables 0

D. LOCCS Reconciliation

Unexpended Balance of CDBG funds 83,610.89$ LOC Balance 83,610.89$ Cash on Hand:

Grantee Program Account -$ Subrecipients Program Accounts -$ Revolving Fund Cash Balances -$ Section 108 Cash Balances -$

Cash on Hand Total -$ Grantee CDBG Program Liabilities (include

any reimbursmts. due from program funds) -$ Subrecipient CDBG Program Liabilities (include

any reimbursements due from program funds) -$ Liabilities Total -$

Balance (provide an explanation if an unreconciled difference exists) -$

Explanation (if applicable):

E. Unprogrammed Funds Calculation

Amount of funds available during the

reporting period 326,915.46$ Income expected but not yet realized** -$

Subtotal 326,915.46$ Less total budgeted amount -$

Unprogrammed Balance 326,915.46$

** This amount should reflect any income considered as a resource in the action plan (and any amendments) for the period covered by this report,

as well as that identified in prior action plans/final statements (including any amendments), that was expected to be received by the end of

the reporting period but had not yet been received; e.g., program income or Section 108 proceeds not yet received from an approved 108 loan.

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Page:PR03 - FLOWER MOUND 1 of 6

25-Oct-2013U.S. Department of Housing and Urban Development13:011

Date: Time: Page:

Office of Community Planning and DevelopmentIntegrated Disbursement and Information System

CDBG Activity Summary Report (GPR) for Program Year 2012FLOWER MOUND

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40 - Sunrise Circle EstatesIDIS Activity:

Project: 0002 - Sunrise Circle Estates

PGM Year: 2010

Description:

Street Improvements (03K)Matrix Code:

Availability/accessibility

Create suitable living environmentsObjective:

Outcome:

Completed 9/30/2012 12:00:00 AM

Sunrise Circle Estates Neighborhood Flower Mound, TX75028 National Objective: LMA

Status:

Location:

Phase IV, Sunrise Circle Addition Paving and Drainage Improvements includes design adjustments topaving plans to allow for phasing of Sunrise Circle Street and construction of street improvements forapproximately 400 linear feet of Sunrise Circle Street. The project will include new concrete streets to replace the existing asphalt paving and curb and gutter toallow for improved drainage in the neighborhood and new driveway approaches. The remaining 400 linear feet of paving and associated storm sewer improvements necessary tocomplete Sunrise Circle Street will be designed this year and constructed the following year.

Financing

Funded Amount:

Drawn In Program Year:

Drawn Thru Program Year:

Proposed Accomplishments

People (General) : 1,066

01/18/2011Initial Funding Date:

Total Population in Service Area: 533

Census Tract Percent Low / Mod: 43.50

221,597.96

221,597.96

53,284.53

Annual Accomplishments

Years Accomplishment Narrative # Benefitting

2011 All PY 2010 funds totaling $221,597.96 were expended in PY 2011 on Phase IV of the Sunrise Circle project, which included design work andpaving.

44 - Sunrise Circle EstatesIDIS Activity:

Project: 0003 - Sunrise Circle Estates

PGM Year: 2011

Description:

Street Improvements (03K)Matrix Code:



Outcome:

Completed 12/31/2012 12:00:00 AM

Sunrise Circle Estates Neighborhood Flower Mound, TX75028 National Objective: LMA

Status:

Location:

Provide street improvements in the Sunrise Circle Estates neighborhood located in Census Tract 0203.03Block Group 3. This year¿s activity, Phase V, includes continuing construction of street improvements for approximately800 linear feet of Sunrise Circle Street. The project will include new concrete streets to replace the existing asphalt paving and curb and gutter toallow for improved drainage in the neighborhood and new driveway approaches.

Financing

Funded Amount:




People (General) : 533


Total Population in Service Area: 533

Census Tract Percent Low / Mod: 43.50

180,979.00

180,979.00

180,979.00



2010 The remaining PY 2010 funds were spent in PY 2011 on paving and design work.

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2011 The remaining PY 2010 funds were spent in PY 2012 on paving and design work.

45 - Planning and AdministrationIDIS Activity:

Project: 0001 - Planning and Administration

PGM Year: 2012

Description:

General Program Administration (21A)Matrix Code:

Objective:

Outcome:

Open

,

National Objective:

Status:

Location:

Administration costs of the CDBG Program, including contract administration, publication of publicnotices, salaries, office equipment and supplies, planning, monitoring, and all other related expenses.

Financing

Funded Amount:





30,000.00

14,113.11

14,113.11

Number assisted:

Actual AccomplishmentsPerson

Hispanic

0

White:

Black/African American:

Total:

Asian:

American Indian/Alaskan Native:

Native Hawaiian/Other Pacific Islander:

American Indian/Alaskan Native & White:

Asian White:

Black/African American & White:

American Indian/Alaskan Native & Black/African American:

Other multi-racial:

Asian/Pacific Islander:

Hispanic:

Owner

Total Hispanic

0 0

Renter

Total Hispanic

0 0

Total

Total Hispanic Total

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 0 0

Female-headed Households: 0

Income Category:

Low Mod

Moderate

Extremely Low

Non Low Moderate

Total

Percent Low/Mod

Owner

0

Renter

0

Total

0

0

0

0

0

Person

0

Attachment 1

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No data returned for this view. This might be because the applied filter excludes all data.

46 - Town-wide Transit ServiceIDIS Activity:

Project: 0002 - Town-wide Transit Service

PGM Year: 2012

Description:

Public Services (General) (05)Matrix Code:



Outcome:

Open

2121 Cross Timbers Rd Flower Mound, TX 75028-2602

National Objective: LMC

Status:

Location:

Subsidize the increase in cost in Town-wide transit service for the number of Town's elderly who are 65years and older and severely disabled adults who are 21 years and older.The Town will contract with Special Programs for Aging Needs to provide the service.Flower Mound General Funds will also be used.

Financing

Funded Amount:




People (General) : 10


20,000.00

20,000.00

20,000.00

Number assisted:


Hispanic

0

0

0

0

0

0

0

0

0

0

0

0

0

0

White:


Total:

Asian:




Asian White:



Other multi-racial:


Hispanic:

Owner

Total Hispanic

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

Renter

Total Hispanic

0

0

0

0

0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0

Total


19

3

2

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0 0 24

Female-headed Households: 0 0 0

Attachment 1

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Income Category:

Low Mod

Moderate

Extremely Low

Non Low Moderate

Total

Percent Low/Mod

Owner

0

0

0

0

0

Renter

0

0

0

0

0

Total

0

0

0

0

0

Person

0

0

24

0

24

100.0%



2012 During PY 2012, 24 different individuals were served and provided transportation. These individuals utilized the transportation program for atotal 1352 rides. A total of $20,000 of PY 2012 CDBG funds were expended and $12,786 of Town funds were expended.

In October 2012, 13 Flower Mound residents used the Town-wide transit service 119 times.In November 2012, 11 Flower Mound residents used the Town-wide transit service 126 times.In December2012, 11 Flower Mound residents used the Town-wide transit service 121 times.In January 2013, 10 Flower Mound residents used the Town-wide transit service 108 times.In February 2013, 10 Flower Mound residents used the Town-wide transit service 122 times.In March 2013, 14 Flower Mound residents used the Town-wide transit service 134 times.In April 2013, 8 Flower Mound residents used the Town-wide transit service 126 times.In May 2013, 9 Flower Mound residents used the Town-wide transit service 115 times.In June 2013, 10 Flower Mound residents used the Town-wide transit service 101 times.In July 2013, 9 Flower Mound residents used the Town-wide transit service 93 times.In August 2013, 6 Flower Mound residents used the Town-wide transit service 87 times.In September 2013, 11 Flower Mound residents used the Town-wide transit service 100 times.

47 - Residential Rehabilitation ProgramIDIS Activity:

Project: 0003 - Residential Rehabilitation Program

PGM Year: 2012

Description:

Rehab; Single-Unit Residential (14A)Matrix Code:

Affordability

Provide decent affordable housingObjective:

Outcome:

Open

3328 Windchase Dr Flower Mound, TX 75028-2660

National Objective: LMH

Status:

Location:

The goals of the Program are to expand the supply of decent, safe, sanitary and affordable housing, tocorrect health and safety hazards in deteriorated housing and to extend the useful life of existing housingunits.

Financing

Funded Amount:




Housing Units : 1


135,975.00

68,251.00

68,251.00

Number assisted:


Hispanic

Owner

Total Hispanic

Renter

Total Hispanic

Total


Attachment 1

Page 121 of 555


0

0

0

0

0

0

0

0

0

0

0

0

0

0

White:


Total:

Asian:




Asian White:



Other multi-racial:


Hispanic:

2 0

1 0

3 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0

0

0

0

0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0 0

0

0

0

0

0

0

0

0

0

0

0

0

2

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

3 0 0

Female-headed Households: 0 0 0

Income Category:

Low Mod

Moderate

Extremely Low

Non Low Moderate

Total

Percent Low/Mod

Owner

0

0

3

0

3

100.0%

Renter

0

0

0

0

0

Total

0

0

3

0

3

100.0%

Person

0

0

0

0

0



2012 In PY12, the Town of Flower Mound began a Residential Rehabilitation Program. During the year, we were able to complete the rehab of 2houses and are in the process of completing another house. The Town is very proud of our accomplishments this year. Since it was the firstyear of the program, we projected to complete 1 house. We are thankful for being able to accomplish what we did. CDBG money is making a bigimpact on our community. Residents are very thankful that we are able to help them rehabilitate their home so it is up to building code.

$588,551.96

$336,627.64

$504,941.07

Total Funded Amount:

Total Drawn In Program Year:

Total Drawn Thru Program Year:

Attachment 1

Page 122 of 555

IDIS U.S. DEPARTMENT OF HOUSING ANDURBAN DEVELOPMENT

OFFICE OF COMMUNITY PLANNING ANDDEVELOPMENT

PR06 - Summary of Consolidated PlanProjects for Report Year

DATE: 10/22/2013

TIME: 3:34:42 PM

PAGE: 1/4

1/4

PlanYear

IDISProject Project Title and Description Program Metrics Project

EstimateCommited

Amount

2012 1

2

3

Planning and Administration

Town-wide Transit Service

Residential Rehabilitation Program

Administration costs of the CDBG Program,including contract administration, publication ofpublic notices, salaries, office equipment andsupplies, planning, monitoring, and all otherrelated expenses.Subsidize the increase in cost in Town-widetransit service for the number of Town's elderlywho are 65 years and older and severelydisabled adults who are 21 years and older.The Town will contract with Special Programsfor Aging Needs to provide the service. FlowerMound General Funds will also be used.The goals of the Program are to expand thesupply of decent, safe, sanitary and affordablehousing, to correct health and safety hazards indeteriorated housing and to extend the usefullife of existing housing units.

CDBG

CDBG

CDBG

$30,000.00 $30,000.00

$20,000.00 $20,000.00

$135,975.00 $135,975.00

Attachment 1

Page 123 of 555




DATE: 10/22/2013

TIME: 3:34:42 PM

PAGE: 2/4

2/4

PlanYear

IDISProject Project Title and Description Program Metrics

Amount DrawnThru Report

Year

2012 1

2

3





CDBG

CDBG

CDBG

$14,113.11

$20,000.00

$68,251.00

Attachment 1

Page 124 of 555




DATE: 10/22/2013

TIME: 3:34:42 PM

PAGE: 3/4

3/4

PlanYear


AmountAvailable to

Draw

2012 1

2

3





CDBG

CDBG

CDBG

$15,886.89

$0.00

$67,724.00

Attachment 1

Page 125 of 555




DATE: 10/22/2013

TIME: 3:34:42 PM

PAGE: 4/4

4/4

PlanYear


AmountDrawn in

Report Year

2012 1

2

3





CDBG

CDBG

CDBG

$14,113.11

$20,000.00

$68,251.00

Attachment 1

Page 126 of 555

U.S. Department of Housing and Urban DevelopmentOffice of Community Planning and Development

Integrated Disbursement and Information System

DATE:

TIME: PAGE: 1

11:16

10-24-13

CDBG Summary of AccomplishmentsProgram Year: 2012

FLOWER MOUND

Activity Group Activity Category f MetricsUnderwayCount

UnderwayActivities

DisbursedCompleted

Count

CompletedActivities

DisbursedProgram Year

CountTotal Activities

Disbursed

Housing

Public Facilities and Improvements

Public Services

General Administration andPlanning

Grand Total

Rehab; Single-Unit Residential (14A)Total HousingStreet Improvements (03K)Total Public Facilities andImprovementsPublic Services (General) (05)Total Public ServicesGeneral Program Administration (21A)Total General Administration andPlanning

0

0

0

0

1 $68,251.00 0 $0.00 1 $68,251.001 $68,251.00 0 $0.00 1 $68,251.000 $0.00 2 $234,263.53 2 $234,263.53

0 $0.00 2 $234,263.53 2 $234,263.53

1 $20,000.00 0 $0.00 1 $20,000.001 $20,000.00 0 $0.00 1 $20,000.001 $14,113.11 0 $0.00 1 $14,113.11

1 $14,113.11 0 $0.00 1 $14,113.11

3 $102,364.11 2 $234,263.53 5 $336,627.64

Count of CDBG Activities with Disbursements by Activity Group & Matrix Code

Attachment 1

Page 127 of 555



DATE:

TIME: PAGE: 2

11:16

10-24-13


FLOWER MOUND

Activity Group Matrix Code Accomplishment Type MetricsOpen Count Completed Count

Program YearTotals

Housing

Public Facilities andImprovements

Public Services

Grand Total

Rehab; Single-Unit Residential (14A)Total HousingStreet Improvements (03K)Total Public Facilities and ImprovementsPublic Services (General) (05)Total Public Services

Housing Units

Persons

Persons

3 0 33 0 30 1,599 1,5990 1,599 1,599

24 0 2424 0 2427 1,599 1,626

CDBG Sum of Actual Accomplishments by Activity Group and Accomplishment Type

Attachment 1

Page 128 of 555



DATE:

TIME: PAGE: 3

11:16

10-24-13


FLOWER MOUND

CDBG Beneficiaries by Racial / Ethnic Category

Housing-Non Housing RaceSource Type(for FundingFact Source)

Metrics

Total PersonsTotal Hispanic

Persons Total HouseholdsTotal Hispanic

Households

Housing

Non Housing

Grand Total

WhiteBlack/African AmericanTotal HousingWhiteBlack/African AmericanAsianTotal Non HousingWhiteBlack/African AmericanAsianTotal Grand Total

MCMC

MCMCMC

MCMCMC

0 0 2 00 0 1 00 0 3 0

19 0 0 03 0 0 02 0 0 0

24 0 0 019 0 2 03 0 1 02 0 0 0

24 0 3 0

Attachment 1

Page 129 of 555



DATE:

TIME: PAGE: 4

11:16

10-24-13


FLOWER MOUND

Income Levels ST MetricsOwner Occupied Renter Occupied Persons

Housing

Non Housing

Extremely Low (<=30%)Low (>30% and <=50%)Mod (>50% and <=80%)Total Low-ModNon Low-Mod (>80%)Total BeneficiariesExtremely Low (<=30%)Low (>30% and <=50%)Mod (>50% and <=80%)Total Low-ModNon Low-Mod (>80%)Total Beneficiaries

MCMCMCMCMCMCMCMCMCMCMCMC

0 0 00 0 03 0 03 0 00 0 03 0 00 0 00 0 00 0 240 0 240 0 00 0 24

CDBG Beneficiaries by Income Category

Attachment 1

Page 130 of 555

PR26 - CDBG Financial Summary Report

U.S. Department of Housing and Urban Development

Office of Community Planning and Development


DATE:

TIME:

PAGE: 1

17:39

10-24-13

Program Year 2012

FLOWER MOUND , TX

Metrics

GranteeProgram YearPART I: SUMMARY OF CDBG RESOURCES01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR02 ENTITLEMENT GRANT03 SURPLUS URBAN RENEWAL04 SECTION 108 GUARANTEED LOAN FUNDS05 CURRENT YEAR PROGRAM INCOME05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE)06 RETURNS07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE08 TOTAL AVAILABLE (SUM, LINES 01-07)PART II: SUMMARY OF CDBG EXPENDITURES09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10)12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES15 TOTAL EXPENDITURES (SUM, LINES 11-14)16 UNEXPENDED BALANCE (LINE 08 - LINE 15)PART III: LOWMOD BENEFIT THIS REPORTING PERIOD17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20)22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11)LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24)PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS27 DISBURSED IN IDIS FOR PUBLIC SERVICES28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30)32 ENTITLEMENT GRANT33 PRIOR YEAR PROGRAM INCOME34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34)36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35)PART V: PLANNING AND ADMINISTRATION (PA) CAP37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40)42 ENTITLEMENT GRANT43 CURRENT YEAR PROGRAM INCOME44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44)46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45)

FLOWER MOUND , TX2,012.00

140,940.46185,975.00

0.000.000.000.000.000.00

326,915.46

322,514.530.00

322,514.5314,113.11

0.000.00

336,627.64(9,712.18)

0.000.00

322,514.530.00

322,514.53100.00%

PY: PY: PY:

0.000.00

0.00%

20,000.000.000.000.00

20,000.00185,975.00

0.000.00

185,975.0010.75%

14,113.11

0.000.000.00

14,113.11185,975.00

0.000.00

185,975.007.59%

Attachment 1

Page 131 of 555

PR26 - CDBG Financial Summary Report

U.S. Department of Housing and Urban Development

Office of Community Planning and Development


DATE:

TIME:

PAGE: 2

17:39

10-24-13

Program Year 2012

FLOWER MOUND , TX

LINE 17 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 17

Report returned no data.

LINE 18 DETAIL: ACTIVITIES TO CONSIDER IN DETERMINING THE AMOUNT TO ENTER ON LINE 18

Report returned no data.

LINE 19 DETAIL: ACTIVITIES INCLUDED IN THE COMPUTATION OF LINE 19

Plan Year IDIS Project IDIS Activity VoucherNumber Activity Name Matrix

CodeNationalObjective Drawn Amount

201020112011201120112012201220122012201220122012Total

233332222333

404444444446464646474747

549644554964455512980554498755577825512980554498755577825574259557425955955335611774

Sunrise Circle EstatesSunrise Circle EstatesSunrise Circle EstatesSunrise Circle EstatesSunrise Circle EstatesTown-wide Transit ServiceTown-wide Transit ServiceTown-wide Transit ServiceTown-wide Transit ServiceResidential Rehabilitation ProgramResidential Rehabilitation ProgramResidential Rehabilitation Program

03K03K03K03K03K0505050514A14A14A

LMALMALMALMALMALMCLMCLMCLMCLMHLMHLMH

$53,284.53$40,038.54$67,635.97$69,424.69$3,879.80$5,941.25$8,511.75$3,249.50$2,297.50

$900.00$60,615.90$6,735.10

$322,514.53

Attachment 1

Page 132 of 555

IDIS - PR83 U.S. Department of Housing and Urban Development DATE: 10-24-13 TIME: 11:42Office of Community Planning and Development PAGE: 1Integrated Disbursement and Information System

CDBG Performance Measures ReportProgram Year FLOWER MOUND,TX

Public Facilities and Infrastructure

Create Suitable Living Provide Decent Housing Create Economic Opportunities TotalAccess Afford Sustain Access Afford Sustain Access Afford Sustain

Number of Persons Assisted with new access to a facility

with improved access to a facility

with access to a facility that is no longer substandard

Totals :

Number of Households Assisted with new access to a facility

with improved access to a facility

with access to a facility that is no longer substandard

Totals :

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 00 0 0

Public Services


Number of Persons Assisted with new (or continuing) access to a service

with improved (or continuing) access to a service

with new access to a service that is no longer substandard

Totals :

55 0 0 0 0 0 0 0 0 55

0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0

55 0 0 0 0 0 0 0 0 55

Attachment 1

Page 133 of 555



Number of Households Assisted with new (or continuing) access to a service

with improved (or continuing) access to a service

with new access to a service that is no longer substandard

Totals :

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 00 0 0

Public Services (continued)


Economic Development


Total Number of Businesses Assisted

Of Total0 0 0 0 0 0 00 0 0

New businesses assisted

Existing businesses assisted

Number of business facades/buildings rehabilitated

Assisted businesses that provide a good or service to service area/neighborhood/community

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 Total Number of Jobs Created

Officials and Managers Types of Jobs Created

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

Attachment 1

Page 134 of 555



Professional

Technicians

Sales

Office and Clerical

Craft Workers (skilled)

Operatives (semi-skilled)

Laborers (unskilled)

Service Workers

Of jobs created, number with employer sponsored health care benefits

Number unemployed prior to taking jobs

Total Number of Jobs Retained

Types of Jobs Retained Officials and Managers

Professional

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

Economic Development (continued)


Attachment 1

Page 135 of 555



Economic Development (continued)


Technicians

Sales0 0 0 0 0 0 00 0 0

Office and Clerical

Craft Workers (skilled)

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

Operatives (semi-skilled)0 0 0 0 0 0 00 0 0

Laborers (unskilled)0 0 0 0 0 0 00 0 0

Service Workers0 0 0 0 0 0 00 0 0

Of jobs retained, number with employer sponsored health care benefits

Acres of Brownfields Remediated0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

Attachment 1

Page 136 of 555



Rehabilitation of Rental Housing


Total LMH* units

Made 504 accessible Of Total, Number of Units

Total SB*, URG units0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

0 0 0 0 0 00 0 00 Brought from substandard to standard condition

Created through conversion of non-residential to residential buildings

Qualified as Energy Star0 0 0 0 0 0 00 0 0

Brought to lead safety compliance

Affordable

Number subsidized by another federal, state, local program Of Affordable Units

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0 Number occupied by elderly

Number of years of affordability

Average number of years of affordability per unit

Number designated for persons with HIV/AIDS

0 0 0 0 0 0 0

0 0 0 0 0 00

0 0 0

0 0 0

0 0 0 0 0 00 0 0 0

0 0 0 0 0 0 00 0 0

Attachment 1

Page 137 of 555



Of those, number for the chronically homeless

Number of permanent housing units for homeless persons and families


0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

Rehabilitation of Rental Housing (continued)


Construction of Rental Housing


Total LMH* units

504 accessible units Of Total, Number of

Total SB*, URG units

Units qualified as Energy Star

Affordable units

Of Affordable Units Number occupied by elderly

Years of affordability


0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 00 0 0

Attachment 1

Page 138 of 555



Construction of Rental Housing (continued)


Number subsidized with project based rental assistance by another federal, state, or local program0 0 0 0 0 0 00 0 0

Number designated for persons with HIV/AIDS0 0 0 0 0 0 00 0 0

Of those, the number for the chronically homeless0 0 0 0 0 0 00 0 0

Number of permanent housing units for homeless persons and families

Of those, the number for the chronically homeless0 0 0 0 0 0 00 0 0

0 0 0 0 0 0 00 0 0

Attachment 1

Page 139 of 555



Owner Occupied Housing Rehabilitation


Total LMH* units


Of Total, Number of Units Occupied by elderly

Brought from substandard to standard condition

Qualified as Energy Star

Brought to lead safety compliance

Made accessible

Homebuyer Assistance

Total Households Assisted

Of Total: Number of first-time homebuyers

Of those, number receiving housing counseling

Number of households receiving downpayment/closing costs assistance


0 0 0 0 3 0 30 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

Attachment 1

Page 140 of 555



Development of Homeowner Housing


Total LMH* units

Affordable units Of Total, Number of


Years of affordability


Units qualified as Energy Star

504 accessible units

Units occupied by households previously living in subsidized housing

Of Affordable Units

Number designated for persons with HIV/AIDS


Number of housing units for homeless persons and families


Number occupied by elderly

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 00 0 0

Attachment 1

Page 141 of 555



Housing Subsidies

Total Number of Households

Of Total: Number of households receiving short-term rental assistance (< = 3 months)

Number of households assisted that were previously homeless

Of those, number of chronically homeless households


Shelter for Homeless Persons

Number of beds created in overnight shelter/other emergency housing

Number of homeless persons given overnight shelter


Homeless Prevention

Number of Persons Assisted that received emergency financial assistance to prevent homelessness

that received emergency legal assistance to prevent homelessness


0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

0 0 0 0 0 0 0

0 0 0 0 0 0 0

0 0 0

0 0 0

Attachment 1

Page 142 of 555


CDBG Strategy Area, CFDI, and Local Target Area ReportFLOWER MOUND,TXProgram Year 2012

0000

0000000

Totals for all Areas

Number of new businesses assistedNumber of existing businesses assistedNumber of jobs created or retained in areaAmount of funds leveragedNumber of LMI persons assisted By direct benefit activities By area benefit activitiesNumber of LMI households assistedNumber of acres of brownfields remediatedNumber with new access to public facilities/improvementsNumber of business facades/buildings rehabilitatedSlum/blight demolition

Attachment 1

Page 143 of 555

0203.032

0217.502

0203.071

0217.531

0203.053

0217.271 0217.272

0203.072

1137.032

0217.462

0217.471

0217.472

0217.242

0217.532

0217.492

0217.423

0217.522

0217.461

0217.511

0217.222

0217.521

0217.261

0217.221

0217.481

0217.491

0217.252

0217.201

0217.212

0217.202

0217.211

0217.512

0217.292

0217.501

0217.482

0217.241

0203.054

0217.251

0217.291

0217.191

0217.2620217.243

0200.002

0203.091

0217.192

0217.174

0217.282

0215.053

0217.175

0217.421

0217.231

Cens

us B

lock G

roup

s in F

lower

Moun

d

ArcMap\CommunityAffairs\Grants\Community Development Block Grant\CensusBlockGroupsinFlowerMound.mxd

Census Block Groups in Flower Mound

Census Block Groups in Flower Mound

Information Technology

GIS

0 1 20.5Miles

NAD 1983 State Plane(Zone 4202)

Texas North CentralLambert Conformal Conic

² August 2012

_______________

Contact Information(972) 874-6058,

6057 or [email protected]

Data provided byFM Grants Dept.Map produced byFM GIS Section.

________________

Sunrise Circle

Attachment 1

Page 144 of 555

0203.032

0203.0720217.461

0217.221

Quali

fying

Area

s in F

lower

Moun

d

ArcMap\CommunityAffairs\Grants\Community Development Block Grant\QualifyingAreasInFlowerMound

Qualifying Areas in Flower Mound

Qualifying Areas in Flower Mound


GIS

0 0.6 1.2 1.80.3Miles

NAD 1983 State Plane(Zone 4202)


² August 2012

_______________

Contact Information(972) 874-6058,


Data provided byFM Grants Dept.Map produced byFM GIS Section.

________________

Qualifying Block Groups020303, Block Group 2

020307, Block Group 2



Town Boundary

Attachment 1

Page 145 of 555

Sunrise Circle Estates

Western Pump Station Addition

HW

Y 3

77

SMOOT

ST

ON

EC

RE

ST

UNNAMED

SUNRISE

OAKRIDGE

Sunr

ise C

ircle

ArcMap\CommunityAffairs\Grants\Community Development Block Grant\SunriseCircle

Sunrise Circle


GIS

0 0.1 0.20.05Miles

Sunrise Circle

Streets

Town Boundary

Sunrise Circle Estates

_______________

Contact Information972) 874-6058,


Data provided byFM Street Dept.

Map produced byFM GIS Section.

________________

NAD 1983 StatePlane(Zone 4202)


² August 2012

Attachment 1

Page 146 of 555


RESOLUTION NO. _____________

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, PROVIDING FOR THE ADOPTION OF FLOWER MOUND’S PROGRAM YEAR 2012 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; PROVIDING AUTHORIZATION FOR THE MAYOR TO EXECUTE SAID REPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Consolidated Annual Performance and Evaluation Report must be adopted by the Town of Flower Mound in fulfillment of the requirements of the Housing and Community Development Act of 1974, as amended, the National Affordable Housing Act of 1990, as amended, the Stewart B. McKinney Act of 1987, as amended, and 24 Code of Federal Regulations Part 91.520; and WHEREAS, the Consolidated Annual Performance and Evaluation Report has been made available for public review and comment for a 30 business days period; and WHEREAS, the Flower Mound Community Development Block Grant Executive Advisory Committee held a public hearing to allow for public comments regarding the Consolidated Annual Performance and Evaluation Report; and WHEREAS, the Town Council of the Town of Flower Mound has determined that it is in the best interest of the residents of the Town to adopt the Consolidated Annual Performance and Evaluation Report for 2012 in order to comply with the requirements of the Housing and Community Development Act of 1974, as amended, the National Affordable Housing Act of 1990, as amended, the Stewart B. McKinney Act of 1987, as amended, and 24 Code of Federal Regulations Part 91.520, and to authorize the Mayor to execute said report on behalf of the Town of Flower Mound. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:

SECTION 1

All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Flower Mound, and they are

Attachment 2 Page 147 of 555

hereby approved and incorporated into the body of this Resolution as if copied in their entirety.

RESOLUTION NO. _____ PAGE 2

SECTION 2 The Town of Flower Mound’s Program Year 2012 Consolidated Annual Performance and Evaluation Report is hereby adopted.

SECTION 3

The Mayor is authorized to execute the Program Year 2012 Consolidated Annual Performance and Evaluation Report on behalf of the Town and submit it to the U. S. Department of Housing and Urban Development prior to December 31, 2013.

SECTION 4

This Resolution shall become effective on and after its date of adoption. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, ON THIS THE _____ DAY OF ___________, 2013.

APPROVED: ___________________________________ Thomas E. Hayden, MAYOR ATTEST: ___________________________________ Theresa Scott, TOWN SECRETARY APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, TOWN ATTORNEY

Page 148 of 555


CONSENT ITEM


FROM: Rochelle Ragas, Purchasing Manager

ITEM: Consider the award of Request for Bid 2014-4-B for street sweeping services to Flagship Sweeping Services, Incorporated at the price per service bid for an estimated annual amount of $18,095.24.

BACKGROUND INFORMATION: Bid specifications were developed and a notice to bidders was advertised. One (1) bid was received by the due date of November 6, 2013. Flagship Sweeping Services, Incorporated met all requirements as specified for this service. Flagship Sweeping Services, Incorporated submitted the lowest bid. The estimated annual expenditure is based on the cost per service bid by Flagship Sweeping Services, Incorporated and the Town’s current schedule of quarterly street sweeping services. This contract also secures price per service for one time service, monthly service and emergency service should the need arise.

FISCAL IMPACT: $18,095.24 Proposed Expenditure: Account Number(s):

$18,095.24 230-690-94100-5110 Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Ed Voss, Jr., of Brown and Hofmeister, L.L.P., has reviewed the proposal as to form and legality. ATTACHMENTS: 1. Bid Submittal from Flagship Sweeping Services, Incorporated RECOMMENDATION: Move to approve the award of Request for Bid 2014-4-B for street sweeping services to Flagship Sweeping Services, Incorporated at the price per service bid, for an estimated annual expenditure of $18,095.24.

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CONSENT ITEM


FROM: Rochelle Ragas, Purchasing Manager

ITEM: Consider the award of Request for Bid 2014-2-B for the purchase of water meters and meter reading equipment, on an as-needed basis, to Neptune Technology Group, Incorporated, at the unit prices bid, for an estimated expenditure of $524,917.00 over the two-year contract period.

BACKGROUND INFORMATION: Bid specifications were developed and a notice to bidders was advertised. One (1) bid was received by the due date of November 5, 2013. Neptune Technology Group, Incorporated met all requirements as specified for this service. Water meters and meter reading equipment to be provided under this Agreement will be compatible with the current system.

FISCAL IMPACT: $524,917.00 Proposed Expenditure: Account Number(s):

$196,843.26 FY2013-2014; $262,458.50 annually

200-650-52200-4314

Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Ed Voss Jr., of Brown and Hofmeister, L.L.P., has reviewed the proposal as to form and legality. ATTACHMENTS: 1. Bid Submittal from Neptune Technology, Incorporated RECOMMENDATION: Move to approve the award of Request for Bid 2014-2-B for water meters and meter reading equipment to Neptune Technology Group, Incorporated at the unit prices bid, for an estimated expenditure of $524,917.00 over the two-year contract period.

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CONSENT ITEM


FROM: Jon Olson, Meter Services Manager

ITEM: Consider approval of an Ordinance amending Appendix A “Fee Schedule,” referenced in Chapter 70, “Utilities,” Section 70-56(d), entitled “Water Meter Fee Schedule” of the Code of Ordinances of the Town of Flower Mound, Texas, by adopting a new “Water Meter Fee Schedule.”

BACKGROUND INFORMATION: Due to changes in the Town of Flower Mound’s cost to procure water meters, staff recommends amending the Water Meter Fee Schedule of Appendix A. The new fees will reflect the award of Bid # 2014-2-B-Water Meters, also being proposed to Town Council on December 2, 2013. Staff also recommends increasing the administrative fee from $25.00 to $40.00. This increase will recover the rising cost of supply parts, overhead cost of warehousing meters, fuel, time, wear and tear on vehicles for field verification of meter information and employee’s time for the administrative cost of setting up and processing the new account information. The last time any of these fees were increased was February 18, 2008. The Current and Proposed Meter Fee Schedule is included on Attachment 1. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: The Town Council may approve, deny, or postpone approval of the attached Ordinance revising the Water Meter Fee Schedule. Denial of the Ordinance would adversely affect the cost of recovering revenues through builder and contractor meter sets. If the Water Meter Fee Schedule remains the same, the Town will incur a loss in water meter fee revenues. FISCAL IMPACT: An annual estimated expenditure of $110,000 is recovered by the water meter fee revenue; therefore there is not an impact on the budget. Proposed Expenditure: Account Number(s):

$110,000 200-650-52200-4314 Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: Ed Voss, of Brown & Hoffmeister, L.L.P., has reviewed the attached Ordinance as to form and legality. ATTACHMENTS: 1. Current and Proposed Meter Fee Schedule 2. Proposed Ordinance

RECOMMENDATION: Move to approve an Ordinance amending Appendix A “Fee Schedule,” Referenced in Chapter 70, “Utilities,” Section 70-56(d), entitled “Water Meter Fee Schedule” of the Code of Ordinances of the Town of Flower Mound, Texas, by adopting a new “Water Meter Fee Schedule.”

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Attachment 1

Attachment 1

Meter SizeCurrent Water Meter

FeesAdmin Fee

Radio Read Fee

Total

5/8" T-10 $72.00 $25.00 $108.00 $205.00

1" T-10 $132.00 $25.00 $108.00 $265.00

1-1/2" T-10 $215.00 $25.00 $108.00 $348.00

1-1/2" HPT $340.00 $25.00 $108.00 $473.00

2" T-10 $315.00 $25.00 $108.00 $448.00

2" HPT $350.00 $25.00 $108.00 $483.00

3" COMPOUND $1,450.00 $25.00 $216.00 $1,691.00

4" COMPOUND $2,100.00 $25.00 $216.00 $2,341.00

6" COMPOUND $3,100.00 $25.00 $216.00 $3,341.00

Meter SizeProposed Water

Meter Fees*Admin Fee Total

5/8x3/4 T-10 R900i DL $185.00 $40.00 $225.00

1" T-10 R900i DL $255.00 $40.00 $295.00

1-1/2" T-10 R900i DL $398.00 $40.00 $438.00

1-1/2" HPT R900i DL $550.00 $40.00 $590.00

2" T-10 R900i DL $489.00 $40.00 $529.00

2" HPT R900i DL $575.00 $40.00 $615.00

2” COMPOUND R900i DL** $1,485.00 $40.00 $1,525.00

3" COMPOUND R900i DL $1,732.00 $40.00 $1,772.00

3” HPT R900i DL** $935.00 $40.00 $975.00

4" COMPOUND R900i DL $2,358.00 $40.00 $2,398.00

4” HPT R900i DL $1,180.00 $40.00 $1,220.00

6" COMPOUND R900i DL** $3,450.00 $40.00 $3,490.00

**New Meters

*The proposed R900iDL meters now combine the meter and radio reads into one device. The proposed fee includes the radio read fee as part of the meter fee.

Current and Proposed Meter Fees

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Attachment 2


ORDINANCE NO. _________ AN ORDINANCE OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING APPENDIX A “FEE SCHEDULE,” REFERENCED IN CHAPTER 70, “UTILITIES,” SECTION 70-56(d), ENTITLED “WATER METER FEE SCHEDULE” OF THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, BY ADOPTING A NEW WATER METER FEE SCHEDULE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Flower Mound, Texas (“Town”) is a home rule municipal corporation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Home Rule Charter adopted November 3, 1981; and WHEREAS, the Town possesses all the rights, powers, and authority possessed by a home rule municipality pursuant to Article XI, Section 5 of the Texas Constitution, Section 51.072 of the Texas Local Government Code, and the Town’s Home Rule Charter, to regulate utility meter services and the fees for services provided; and WHEREAS, Appendix A “Fee Schedule,” Chapter 70 “Utilities,” referenced in Subsection (d) of Section 70-56, of the Code of Ordinances of the Town of Flower Mound, Texas, establishes a “Water Meter Fee Schedule” for the Town; and WHEREAS, due to changes in the Town’s costs to procure water meters, the Town has determined that it is necessary to amend Appendix A, Chapter 70, Section 70-56(d) “Water Meter Fee Schedule.” NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, THAT:

SECTION 1

All the above premises are hereby found to be true and correct legislative and factual findings of the Town of Flower Mound and are hereby incorporated into the body of this Ordinance as if copied in their entirety.

SECTION 2

The existing Appendix A “Fee Schedule,” Chapter 70, “Utilities,” Section 70-56(d) of the Code of Ordinances of the Town, is hereby repealed in its entirety and

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Ordinance No. _____ Page 2

replaced with a new Appendix A “Fee Schedule,” Chapter 70, “Utilities,” Section

70-56(d) to read as follows: (d) Water Meter Fee Schedule.

SECTION 3 This Ordinance shall be cumulative of all provisions of Ordinances of the Town of Flower Mound, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the conflicting provisions of such Ordinances are hereby repealed.

SECTION 4 It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 5

Water Meter Size Water Meter Fees Administrative Fee Total 5/8x3/4 T-10 R900i DL $ 185.00 $ 40.00 $ 225.00 1 T-10 R900i DL $ 255.00 $ 40.00 $ 295.00 1-1/2 T-10 R900i DL $ 398.00 $ 40.00 $ 438.00 1-1/2 HPT R900i DL $ 550.00 $ 40.00 $ 590.00 2" T-10 R900i DL $ 489.00 $ 40.00 $ 529.00 2" HPT R900i DL $ 575.00 $ 40.00 $ 615.00 2” COMPOUND R900i DL $1,485.00 $ 40.00 $ 1,525.00 3" COMPOUND R900i DL $ 1,732.00 $ 40.00 $ 1,772.00 3” HPT R900i DL $ 935.00 $ 40.00 $ 975.00 4" COMPOUND R900i DL $ 2,358.00 $ 40.00 $ 2,398.00 4” HPT R900i DL $ 1,180.00 $ 40.00 $ 1,220.00 6" COMPOUND R900i DL $ 3,450.00 $ 40.00 $ 3,490.00

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Ordinance No. _____ Page 3

This Ordinance shall take effect and be in full force beginning January 01, 2014, as provided by the laws of the State of Texas and the Home Rule Charter of the Town of Flower Mound, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF ___ TO ___, ON THIS THE 2nd DAY OF DECEMBER, 2013. ____________________________________ Thomas E. Hayden, MAYOR ATTEST: _____________________________________ Theresa Scott, TOWN SECRETARY APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, TOWN ATTORNEY

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CONSENT ITEM


FROM: Kari Biddix, Park Development Manager

ITEM: Consider approval of a Professional Services Agreement for the master plan design of The Heritage Park of Flower Mound Phase II project, with Schrickel, Rollins and Associates, Inc., for a not to exceed price of $50,456.00; and authorization for the Mayor to execute the same on behalf of the Town.

BACKGROUND INFORMATION: The Town of Flower Mound has an existing Master Plan for Heritage Park but due to changes in the Town's needs and priorities, a new Master Plan has been requested to investigate the use of space within the existing Heritage Park. The consultant will work closely with Town staff and the Parks, Arts and Library Services (PALS) Board to develop a new list of park elements, priorities of development and phasing implementation based on current cost. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: $50,456.00 Proposed Expenditure: Account Number(s):

$ 50,456.00 317-110-90705 Finance Review by: Debra Wallace, Assistant Town Manager/CFO LEGAL REVIEW: ATTACHMENTS: 1. Professional Services Agreement RECOMMENDATION: Move to approve a Professional Services Agreement for the master plan design of The Heritage Park of Flower Mound Phase II project, with Schrickel, Rollins and Associates, Inc., for a not to exceed price of $50,456.00; and authorize the Mayor to execute the same on behalf of the Town.

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THE STATE OF TEXAS § Professional Services Agreement COUNTY OF DENTON § with SCHRICKEL, ROLLINS AND

ASSOCIATES, INC. THIS CONTRACT is entered into on this day of , 2013, by and between the TOWN OF FLOWER MOUND, TEXAS, a municipal corporation located in Denton County, Texas, (hereinafter referred to as “TOWN”), acting by and through its Mayor or his designee, and SCHRICKEL, ROLLINS AND ASSOCIATES, INC. (“hereinafter referred to as “CONSULTANT”) whose address is 1161 Corporate Drive West, Suite 200, Arlington, TX 76006. W I T N E S S E T H : WHEREAS, TOWN desires to obtain professional services from CONSULTANT

relative to master planning, for the TOWN’s Heritage Park Phase II project (“Services”); and

WHEREAS, CONSULTANT is a professional landscape architecture, civil engineering

and planning firm qualified to provide such services and is willing to undertake the performance of such services for TOWN in exchange for fees hereinafter specified.

NOW, THEREFORE, IN CONSIDERATION of the covenants and agreements

hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows:

I.

Employment of Consultant CONSULTANT will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of the engineering and planning professions, both public and private, currently practicing in the same locality under similar conditions including, but not limited to, the exercise of reasonable, informed judgments and prompt, timely action. If CONSULTANT is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONSULTANT agrees to perform those special expertise services to the appropriate local, regional, and national professional standards.

II. Scope of Services

CONSULTANT shall perform such services as are necessary to provide planning and related services, specifically including, but not necessarily limited to, the tasks enumerated more fully in Attachment “A” hereto entitled “Scope of Services, Heritage


2

Park Phase II – Master Plan,” dated November 5, 2013 (hereafter referred to as the “Project”). Attachment “A” is hereby incorporated herein by reference and made a part hereof as if written word for word; however, in case of conflict in the language of Attachment “A” and this Contract, the terms and conditions of this Contract shall be final and binding upon both parties hereto.

III. Payment for Services

Total payment for services described herein shall be a sum not to exceed Fifty Thousand-Four Hundred-Fifty and 00/100 Dollars ($50,450.00). This total payment for services includes CONSULTANT’s ordinary expenses. Additional expenses, which are extraordinary in nature, shall be approved in advance by TOWN in writing signed by the parties. Such approved extraordinary expenses may be paid as incurred and billed to the TOWN pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing, in advance, by the TOWN shall remain the sole responsibility of the CONSULTANT. CONSULTANT will bill TOWN on a lump sum basis in accordance with Attachment “B”; provided however that this Contract shall control in the event of any conflict between the language in Attachment “B” and the language in this Contract. If additional services, trips, or expenses are requested, CONSULTANT will not provide such additional services until authorized by TOWN in writing to proceed. The scope of services shall be strictly limited. TOWN shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless TOWN shall have approved in writing, in advance (prior to the performance of additional work), the payment of additional amounts. Nothing contained in this Contract shall require TOWN to pay for any work that is unsatisfactory as determined by TOWN or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which TOWN may have if CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default.

IV. Revisions of the Scope of Services

TOWN reserves the right to revise or expand the scope of services after due approval by TOWN as TOWN may deem necessary, but in such event TOWN shall pay CONSULTANT equitable compensation for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide TOWN a written proposal for the entire costs involved in performing such additional services. Prior to CONSULTANT undertaking any revised or expanded services as directed by TOWN under this

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Contract, TOWN must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONSULTANT that any compensation not specified in Paragraph III hereinabove may require Flower Mound Town Council approval and is subject to the current budget year limitations.

V. Term

This Contract shall begin on the date first written above, and shall terminate when TOWN has approved the Project as being final or otherwise terminates this Contract as provided herein.

VI. Contract Termination Provision

This Contract may be terminated at any time by TOWN for any cause by providing CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such notice, CONSULTANT shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities, or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract.

VII. Ownership of Documents

All materials and documents prepared or assembled by CONSULTANT under this Contract shall become the sole property of TOWN and shall be delivered to TOWN without restriction on future use. CONSULTANT may retain in its files copies of all drawings, specifications, and all other pertinent information for the work. CONSULTANT shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract.

VIII. Insurance

CONSULTANT shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the CONSULTANT. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration.

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A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability.

2. Workers Compensation insurance as required by the Labor Code of

the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering

all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract.

4. Professional Liability, also known as Errors and Omissions

coverage.

B. Minimum Limits of Insurance: CONSULTANT shall maintain throughout contract limits not less than:

1. Commercial General Liability: $500,000 per occurrence

/$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for:

a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage

2. Workers Compensation and Employer’s Liability: Workers

Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee.

3. Automobile Liability: $500,000 Combined Single Limit. Limits

can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos.

4. Professional Liability aka Errors and Omissions: $500,000 per

occurrence and in the aggregate.

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C. Deductibles and Self-Insured Retentions

Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town.

D. Other Insurance Provisions

The policies are to contain, or be endorsed to contain the following provisions:

1. General Liability and Automobile Liability Coverages

a. The Town, its officers, officials, employees, boards and

commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers.

b. The CONSULTANT’s insurance coverage shall be primary

insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the CONSULTANT’s insurance and shall not contribute with it.

c. Any failure to comply with reporting provisions of the policy

shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers.

d. The CONSULTANT’s insurance shall apply separately to

each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability.

2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against

the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town.

3. All Coverages:

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Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Town.

4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage which must be

maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town.

E. Acceptability of Insurers

The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better.

F. Verification of Coverage

CONSULTANT shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificates shall reference the Project and be addressed as follows:

Town of Flower Mound c/o Ebix BPO Department 97 PO Box 257 Portland, MI 48875-0257 Fax: 517-647-7900 Email: [email protected]

IX.

Right to Inspect Records CONSULTANT agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Contract. CONSULTANT agrees that TOWN shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. TOWN shall give CONSULTANT reasonable advance notice of intended audits.

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CONSULTANT further agrees to include in subcontract(s), if any, a provision that any subcontractor or engineer agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers, and records of such engineer or sub-contractor involving transactions to the subcontract, and further, that TOWN shall have access during normal working hours to all such engineer or sub-contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of the paragraph. TOWN shall give any such engineer or sub-contractor reasonable advance notice of intended audits.

X. Successors and Assigns

TOWN and CONSULTANT each bind themselves and their successors, executors, administrators, and assigns to the other party to this contract and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. Neither TOWN nor CONSULTANT shall assign or transfer its interest herein without the prior written consent of the other.

XI. CONSULTANT’s Liability

Acceptance of the final plans by the TOWN shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, or consultants for the accuracy and competency of their designs, working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any defect in the designs, working drawings, specifications, or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by TOWN for any defect in the designs, working drawings, specifications, or other documents and work prepared by said CONSULTANT, its employees, associates, agents, or sub-consultants.

XII. Indemnification

CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS TOWN AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND INVITEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION, INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR OMISSION OF CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT, OR ERROR OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND

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INVITEES, OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS CONTRACT; AND, CONSULTANT WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT TOWN AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS, SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE, § 271.904(A) AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002(B). CONSULTANT’S OBLIGATIONS TO TOWN UNDER THIS PROVISION SHALL BE LIMITED TO THE APPLICABLE INSURANCE COVERAGE(S) CONSULTANT IS REQUIRED TO PROVIDE IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS CONTRACT PLUS ANY DEDUCTIBLE AMOUNT(S) TO BE PAID BY CONSULTANT IN CONJUNCTION WITH SAID COVERAGE(S) FOR EACH OCCURRENCE GIVING RISE TO ANY SUCH LIABILITY, CLAIMS, SUITS, DEMANDS, OR CAUSES OF ACTION. IF, HOWEVER, CONSULTANT FAILS TO PURCHASE AND/OR MAINTAIN ONE OR MORE TYPES OF INSURANCE COVERAGE IN THE AMOUNT(S) REQUIRED BY THIS CONTRACT, CONSULTANT’S OBLIGATIONS TO TOWN UNDER THIS PROVISION SHALL IN NO WAY BE LIMITED.

XIII.

Independent Contractor CONSULTANT’s status shall be that of an Independent Contractor and not an agent, servant, employee, or representative of TOWN in the performance of this Contract. No term, provision of, or act of CONSULTANT or TOWN under this Contract shall be construed as changing that status. CONSULTANT will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and engineers and the doctrine of respondeat superior shall not apply as between TOWN and CONSULTANT, its officers, agents, employees, contractors, subcontractors, and engineers, and nothing herein shall be construed as creating a partnership or joint enterprise between TOWN and CONSULTANT.

XIV. Default

If at any time during the term of this Contract, CONSULTANT shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely, and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then TOWN shall have the right, if CONSULTANT shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract. Any such act by TOWN shall not be deemed a waiver of any other right or remedy of

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TOWN. If after exercising any such remedy due to CONSULTANT’s nonperformance under this Contract, the cost to TOWN to complete the work to be performed under this Contract is in excess of that part of the Contract sum which has not theretofore been paid to CONSULTANT hereunder, CONSULTANT shall be liable for and shall reimburse TOWN for such excess. CONSULTANT’S liability under this provision shall be limited to the total dollar amount of this Contract. TOWN’s remedies for CONSULTANT’s default or breach under this Contract shall be limited to one or more of the following remedies which may be exercised separately or in combination at TOWN’s sole exclusive choice: (a) Specific performance of the Contract; (b) Re-performance of this Contract at no extra charge to TOWN; or (c) Monetary damages in an amount not to exceed the greater of: (1) The amount of any applicable insurance coverage CONSULTANT

is required to purchase and maintain under this Contract plus any deductible amount to be paid by CONSULTANT in conjunction with said coverage regardless of whether CONSULTANT has actually purchased and maintained said coverage; or

(2) The total dollar amount of this Contract. The terms of Sections XII entitled Indemnification, and XVII entitled Confidential Information shall survive termination of this Contract.

XV. Changes

TOWN may, from time to time, require changes in the scope of services to be performed under this Contract. Such changes as are mutually agreed upon by and between TOWN and CONSULTANT shall be incorporated by written modification to this Contract.

XVI. Conflict of Interest

CONSULTANT covenants and agrees that CONSULTANT and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations, and other efforts made by CONSULTANT pursuant to this Contract will be conducted by employees, associates, or subcontractors of CONSULTANT.

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XVII. Confidential Information

CONSULTANT hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of its obligations in accordance with this Contract, which is of a confidential, non-public, or proprietary nature. CONSULTANT shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for its own use or the use of any third party at any time during or subsequent to this Contract. As used herein, “Confidential Information” means all oral and written information concerning TOWN, its affiliates and subsidiaries, and all oral and written information concerning TOWN or its activities, that is of a non-public, proprietary, or confidential nature including, without limitation, information pertaining to customer lists, services, methods, processes, and operating procedures, together with all analyses, compilation, studies, or other documents, whether prepared by CONSULTANT or others, which contain or otherwise reflect such information. The term “Confidential Information” shall not include such materials that are or become generally available to the public other than as a result of disclosure of CONSULTANT, or are required to be disclosed by a governmental authority.

XVIII.

Mailing Address All notices and communications under this CONTRACT to be mailed to TOWN shall be sent to the address of TOWN’s agent as follows, unless and until CONSULTANT is otherwise notified:

Kari Biddix, Park Development Manager Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 972-874-6278 Telephone

Notices and communications to be mailed or delivered to CONSULTANT shall be sent to the address of CONSULTANT as follows, unless and until TOWN is otherwise notified:

Clint Wofford, ASLA Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West Suite 200 Arlington, Texas 76006

Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted, faxed, or personally delivered by the sending party.

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11

XIX. Applicable Law

The Contract is entered into subject to the Flower Mound Town Charter and ordinances of TOWN, as same may be amended from time to time, and is subject to and is to be construed, governed, and enforced under all applicable State of Texas and federal laws. CONSULTANT will make any and all reports required per federal, state, or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONSULTANT’s income. Situs of this Contract is agreed to be Denton County, Texas, for all purposes, including performance and execution.

XX. Severability

If any of the terms, provisions, covenants, conditions, or any other part of this Contract are for any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions, or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

XXI. Remedies

No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract.

XXII. Entire Agreement

This Contract embodies the entire agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties.

XXIII. Non-Waiver

It is further agreed that one (1) or more instances of forbearance by TOWN in the exercise of its rights herein shall in no way constitute a waiver thereof.

XXIV. Headings

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12

The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner.

XXV. Venue

The parties to this Contract agree and covenant that this Contract will be enforceable in Flower Mound, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Denton County, Texas.

XXVI. No Third Party Beneficiary

For purposes of this Contract, including its intended operation and effect, the parties (TOWN and CONSULTANT) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with TOWN or CONSULTANT or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or CONSULTANT.

IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date first above written.

[rest of page intentionally left blank]

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13

TOWN: TOWN OF FLOWER MOUND, TEXAS

By: Name: Thomas E. Hayden Title: Mayor State of Texas § § County of Denton § This instrument was acknowledged before me on the _____ day of __________ 2013, by Jimmy Stathatos, Town Manager of the Town of Flower Mound, Texas, on behalf of the Town of Flower Mound, Texas. ________________________________ Notary Public, State of Texas My Commission Expires:

__________________________

CONSULTANT: Schrickel, Rollins and Associates, Inc.

By: _______________________________ Name: _____________________________ Title: ______________________________

Date Signed: ________________________ State of Texas § § County of _________ § This instrument was acknowledged before me on the ______ day of ________________, 2013, by ______________________in his capacity as ____________________________ of Schrickel, Rollins and Associates, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of Schrickel, Rollins and Associates, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF _______________, 2013. ________________________________ Notary Public, State of Texas My Commission Expires:

__________________________

Page 326 of 555

Heritage Park Phase II Master Plan Town of Flower Mound Schrickel, Rollins and Associates, Inc. Attachment A 3166i Page 1

ATTACHMENT - A SCOPE OF SERVICES HERITAGE PARK PHASE II – MASTER PLAN November 5, 2013 SUMMARY OF PROJECT A. This project consists of providing Heritage Park Phase II Master Plan for the existing

Heritage Park.

B. The project area shall be defined as the approximately 100-acre site of Heritage Yard Park (east and west of Garden Ridge Road).

PART I – MASTER PLAN Master Plan The Town of Flower Mound has an existing Master Plan for Heritage Park but due to changes in the Town’s needs and priorities, a new Master Plan has been requested to investigate the use of space within the existing Heritage Park. SRA will work closely with Town Staff and the PALS Board to develop a new list of park elements, priorities of development and phasing implementation based on current cost.

A. Services - Consultant will provide/perform the following Master Planning Services:

1. Conduct reconnaissance of the site including photo documentation. 2. Analyze the capabilities and limitations of the site associated with the project

elements and prepare a Site Analysis drawing. 3. Prepare conceptual development plan alternatives in sketch form. 4. Present the most viable plan alternatives in a work session with the Staff for

review and further development. The Consultant will provide alternatives as requested by the Owner, until a solution has been accepted by the Owner. The conceptual designs will be presented to the PALS Board for review.

5. Prepare a first draft of the Master Plan with general opinions of probable construction cost and phasing alternatives for staff review.

6. Upon final approval and authorization to proceed, make final revisions to the Master Plan and Phasing Plan.

7. Present the final Master Plan, opinions of probable construction cost, and phasing recommendations to Town Staff and PALS Board.

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Project Elements

A. Services - The design elements for the Master Plan could include, but are not limited to, the following elements:

Concrete Parking / Vehicular Circulation Water Feature / Pond Pavilion / Outdoor Learning Plaza Nature Paths / Foot Paths Trailhead Entry Feature Sidewalks / Trails Connecting park elements Pedestrian Bridges Areas to add Landscape Enhancements Natural Areas Splash Pad Maintenance Area Football/Lacrosse/Soccer Field far west side of Heritage Park Additional Pavilions Scenic Overlook Botanical Gardens Additional Pavilion / Restroom Disc Golf Sand Volleyball Court Community Garden Basketball Courts

B. Products - The following products will be provided by the Consultant in completion of the

Master Plan: 1. A refined rendered line drawing of the final approved Master Plan suitable for

public display on a 42” x 30” sheet and a digital PDF image of the Master Plan suitable for printing on 42”x30” sheet will be furnished to the Town.

2. A refined rendered line drawing of the final approved Phasing Plan suitable for public display on a 42” x 30” sheet and a digital PDF image of the Phasing Plan suitable for printing on 42”x30” sheet will be furnished to the Town.

C. Public Meetings – Refer to Part III – Meetings.

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PART II – SPECIAL SERVICES A. Base Map and Surveying – For this Master Plan, the Consultant will rely upon existing

survey data that has been provided for other projects within the existing Heritage Park. If site-specific surveying is required, it will be provided as Additional Services, upon approval by the Owner.

B. Geotechnical Investigation and Report - For the Design Phase the Consultant will rely upon geotechnical investigations that have been produced for other projects within Heritage Park. If site specific testing is required, it will be provided as Additional Services, upon approval by the Owner.

PART III - MEETINGS A. SRA will attend three (3) meetings with Staff, to review and discuss the Master Plan and to

prepare for separate presentations to the PALS Board.

B. SRA will prepare for and attend up to three (3) public meetings with the Flower Mound PALS Board for the purpose of programming Heritage Park, developing Concepts, and presenting a final Master Plan with Phasing Alternatives.

C. Additional meetings may be scheduled with additional compensation to SRA by the Town, as mutually agreed to in writing in advance of any such meeting(s).

PART IV – ADDITIONAL SERVICES A. The intent of this Scope of Services (Attachment “A”) is to include only the services

specifically listed herein for this Project. Services specifically not included from this scope of services include, but are not necessarily limited to the following:

1. Professional Services beyond the original items described in the Scope of Services. 2. Additional Surveying beyond that described in the Scope of Services. 3. Design of off-site utility services, primary power, or drainage facilities to more than a

distance of 100 feet from any boundary of the project site. 4. Traffic Impact Analysis, etc. 5. Environmental impact statements, assessments or environmental impact study. 6. 3D animation or formal perspective renderings. 7. Public meetings / presentations not included in Part – III Meetings.

B. Any services listed above will be provided only upon written authorization by the Owner for

additional compensation.

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PART V - REIMBURSABLE EXPENSES The Town will reimburse the consultant for the actual cost of the following: (1) all printing and reproductions of the Master Plan & Phasing Plan, and (2) overnight or express delivery services.

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A.

1. Task One - Project Kickoff / Program Development / Base Map Prep 6,350$ 2. Task Two - Site Analysis / Conceptual Design 15,350$ 3. Task Three - Master Plan Layout / Phasing 20,000$ 4. Task Four - Meetings with Staff (3) at $720 each 2,150$ 5. Task Five - Meetings with PALS Board (3) at $1,300 each 3,900$

B. 2,700$ REIMBURSABLE EXPENSES - Allowance, Not to exceed

ATTACHMENT - B

COMPENSATION SCHEDULE


BASIC PROFESSIONAL PLANNING AND DESIGN SERVICES -

Heritage Park Phase II - Master Plan

November 5, 2013

Heritage Park Phase II - Master PlanSchrickel, Rollins and Associates, Inc.3166i Page 1 of 1

Town of Flower MoundAttachment B

C. TOTAL (Lump Sum) 50,450$

Heritage Park Phase II - Master PlanSchrickel, Rollins and Associates, Inc.3166i Page 1 of 1

Town of Flower MoundAttachment B

Page 331 of 555


CONSENT ITEM


FROM: Gary Bertagnolli, Director of Information Technology

ITEM: Consider approval of the purchase and installation of data cabling, communications equipment, and IP licenses, for the Operations & Maintenance (O&M) Facility project, from Black Box Network Services, in the amount of $124,770.00.

BACKGROUND INFORMATION: This purchase request is for installation of data cabling within the new Operations and Maintenance (O&M) Facility currently under construction. The purchase is being made thru an inter-local agreement with the Texas Procurement and Support Services cooperative. The Town of Flower Mound entered into an inter-local agreement with the Texas Procurement and Support Services cooperative (formerly, General Services Commission) on December 7, 1992. Participation in the program allows our government to purchase goods and services through the cooperative contract, DIR contracts included, while satisfying all competitive bidding requirements. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: $124,770.00 Proposed Expenditure: Account Number(s):

$124,770.00 630-910-98120 Finance Review by: Debra Wallace, Assistant Town Manger/CFO LEGAL REVIEW: N/A ATTACHMENTS: 1. Proposal from Black Box Network Services RECOMMENDATION: Move to approve the purchase and installation of data cabling, communications equipment, and IP licenses, for the Operations & Maintenance (O&M) Facility project, from Black Box Network Services, in the amount of $124,770.00.

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Attachment 1

November 13, 2013

Gary Bertagnolli Town of Flower Mound 2121 Cross Timbers Flower Mound, Texas 75028 Gary, Based on our discussions, we have engineered the components required to provide telephones and PoE switches for the Old Service Center, O&M Bldg, Waste Water Treatment and Fleet Service Center. The O&M Building will require additional CS1000 IP user licenses and telephones. As we have discussed, you do not have any need for TDM (analog stations or trunks) at this facility. We have not included a gateway for this site, but strictly will rely and provide IP connectivity. The estimated cost for these sites is $61,635. Also attached is a quote and Scope of Work to provide CAT6 cabling to each marked location on your floor plan. We have also estimated the cost for the fiber run (outside plant) to connect the building. ACS Dataline DBA Black Box Network Services is a State of Texas DIR provider. You have the option to purchase the cable infrastructure through the DIR process. Service Center Labor Sets and Licenses $61,634 10 1140’s

50 1230’s 5 48 port Ethernet switches 1 24 port Ethernet switch

Cable Plant $55,388 Per the SOW Pull and terminate Fiber $7,748 Total $124,770

Please call with any questions. Sincerely, Jeff Kelley Black Box Network Services

Page 333 of 555


CONSENT ITEM


FROM:

THROUGH:

Sue Ridnour, Director of Library Services

Gary Sims, Executive Director of Community Services

ITEM: Consider approval of an Interlocal Cooperation Agreement with Denton County for the provision of library services for the benefit of the citizens of Denton County, and authorization for the Mayor to execute same on behalf of the Town.

BACKGROUND INFORMATION: The attached agreement provides that the Town will receive $47,030 payable in equal quarterly installments from Denton County for library services to Denton County residents. The funding is based on $0.374460 per capita using North Central Texas Council of Governments population figures. This Town of Flower Mound’s service population for this funding was calculated by adding the Town’s population of 67,710 to an assigned portion of Denton County with a population of 59,895, resulting in a total of 125,605.

Since 1985, the Town has annually received funding from Denton County for the provision of library services to residents of the county. The 2014 amount of $47,030 is a decrease of $7,195 from 2013. This decrease is the result of Denton County Commissioners court decreasing the total amount for all Denton County libraries by ten percent.

To be eligible for funding, the Flower Mound Public Library must agree to service all Denton County residents. The library must also have in place technology protection measures (filters) with respect to any computers used by the public. The Flower Mound Public Library fulfills these requirements. The Director of Library Services acts as a liaison officer between the County and the Town.

BOARD REVIEW/CITIZEN FEEDBACK: N/A

ALTERNATIVES/OPTIONS: N/A

FISCAL IMPACT:

Proposed Revenue: Account Number(s):

$47,030.00 100-4605

Finance Review by: Debra Wallace, Assistant Town Manager/CFO

LEGAL REVIEW: Ed Voss of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality.

ATTACHMENTS:

1. Interlocal Cooperation Agreement for Library Services

RECOMMENDATION:

Move to approve an Interlocal Cooperation Agreement with Denton County for the provision of library services for the benefit of the citizens of Denton County, and authorize the Mayor to execute same on behalf of the Town.

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2013-2014 ICA-Library Agreement – Flower Mound Public Library - Page 1 of 7

THE COUNTY OF DENTON § § FLOWER MOUND PUBLIC LIBRARY THE STATE OF TEXAS §

INTERLOCAL COOPERATION AGREEMENT FOR LIBRARY SERVICES

THIS AGREEMENT is made and entered into by and between Denton County, a

political subdivision of the State of Texas, hereinafter referred to as ("the COUNTY"), and the

Town of Flower Mound, a municipality of Denton County, Texas, hereinafter referred to as ("the

MUNICIPALITY"), and has an effective date of October 1, 2013.

WHEREAS, the COUNTY is a duly organized political subdivision of the State of

Texas engaged in the administration of county government and related services for the benefit of

the citizens of the COUNTY; and

WHEREAS, the MUNICIPALITY is a duly organized municipality in Denton County,

Texas, engaged in the provision of library and related services for the benefit of the citizens of

the MUNICIPALITY; and

WHEREAS, the COUNTY has requested, and the MUNICIPALITY has agreed to

provide library services for all residents of the COUNTY; and

WHEREAS, the COUNTY and the MUNICIPALITY mutually desire to be subject to

the provisions of Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act

and Chapter 323 of the Texas Local Government Code, regarding County Libraries.

NOW, THEREFORE, the COUNTY and the MUNICIPALITY, for the mutual

consideration hereinafter stated, agree and understand as follows:

I.

The term of this Agreement shall be for the period from October 1, 2013, through

September 30, 2014.

II.

For the purposes and consideration herein stated and contemplated, the

MUNICIPALITY shall provide library services for the residents of the COUNTY without

regard to race, religion, color, age, disability and/or national origin. Upon proper proof by

individual(s) of residence in the COUNTY, Texas, such individual(s) shall be entitled issuance,

at no cost, a library card to be used in connection with said library services.

The MUNICIPALITY shall develop and maintain through the Library one or more of

the following programs of service:

Attachment 1

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1. Educational and reading incentive programs and materials for youth. 2. Functional literacy materials and/or tutoring programs for adults. 3. Job training/career development programs and/or materials for all ages. 4. Outreach services to eliminate barriers to library services. 5. Educational programs designed to enhance quality of life for adults.

III.

The COUNTY designates the County Judge to act on behalf of the COUNTY and serve

as liaison officer for the COUNTY with and between the COUNTY and the MUNICIPALITY.

The County Judge or his designated substitute shall insure the performance of all duties and

obligations of the COUNTY herein stated and shall devote sufficient time and attention to the

execution of said duties on behalf of the COUNTY in full compliance with the terms and

conditions of this Agreement. The County Judge shall provide immediate and direct supervision

of the COUNTY'S employees, agents, contractors, sub-contractors, and/or laborers, if any, in the

furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of the

COUNTY and the MUNICIPALITY.

IV.

The MUNICIPALITY shall designate the Director of Library Services to act on behalf

of the MUNICIPALITY and to serve as liaison officer for the MUNICIPALITY with and

between the MUNICIPALITY and the COUNTY to insure the performance of all duties and

obligations of the MUNICIPALITY as herein stated and shall devote sufficient time and

attention to the execution of said duties on behalf of the MUNICIPALITY in full compliance

with the terms and conditions of this Agreement. The Director of Library Services shall provide

management of the MUNICIPALITY'S employees, agents, contractors, sub-contractors, and/or

laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for

the mutual benefit of the MUNICIPALITY and the COUNTY.

The MUNICIPALITY shall provide the COUNTY with a copy of the annual report

submitted to the Texas State Library and shall respond to the COUNTY'S annual questionnaire

as documentation of the MUNICIPALITY’S expenditures and provision of service.

V.

The MUNICIPALITY shall be solely responsible for all techniques, sequences,

procedures and coordination of all work performed under the terms and conditions of this

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Agreement. The MUNICIPALITY shall insure, dedicate and devote the full time and attention

of those employees necessary for the proper execution and completion of the duties and

obligations of the MUNICIPALITY as stated in this Agreement and shall give all attention

required for proper supervision and direction of their employees.

VI.

The MUNICIPALITY agrees that its established library shall assume the functions of a

county library within Denton County, Texas, and to provide a librarian who meets the

requirements of the MUNICIPALITY’S job description.

VII.

The COUNTY and the MUNICIPALITY agree and acknowledge that each entity is not

an agent of the other entity and that each entity is responsible for its own acts, forbearance,

negligence and deeds and for those of its agents or employees. This Agreement does not and

shall not be construed to entitle either party or any of their respective employees, if applicable, to

any benefit, privilege or other amenities of employment applicable to the other party. The

MUNICIPALITY understands and agrees that the MUNICIPALITY, its employees, servants,

agents and representatives shall not represent themselves to be employees, servants, agents

and/or representatives of the COUNTY.

To the fullest extent permitted by law, the MUNICIPALITY agrees to hold harmless

and indemnify the COUNTY from and against any and all claims and for all liability arising

out of, resulting from or occurring in connection with the performance of the work hereunder,

including but not limited to, any negligent act or omission of the MUNICIPALITY, its

officers, agents or employees.

The COUNTY and the MUNICIPALITY acknowledge and agree that the COUNTY

does not waive any sovereign or governmental immunity available to the COUNTY under Texas

law and does not waive any available defenses under Texas law. Nothing in this paragraph shall

be construed to create or grant any rights, contractual or otherwise, in or to any third persons or

entities.

VIII.

This Agreement is not intended to extend the liability of the parties beyond that provided

by law. Neither the MUNICIPALITY nor the COUNTY waives any immunity or defense that

would otherwise be available to it against claims by third parties.

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IX.

Any notice required by this Agreement shall be delivered, in writing, by either the

COUNTY or the MUNICIPALITY to the following addresses:

The address of the COUNTY is: County Judge, Denton County 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Telephone: 940-349-2820 The address of the MUNICIPALITY is: The Town of Flower Mound through Flower Mound Public Library 3030 Broadmoor Lane Flower Mound, Texas 75022 Attention: Sue Ridnour Telephone: 972-874-6200

X.

For the full performance of the services above stated the COUNTY agrees to pay the

MUNICIPALITY fees as described herein from current revenues available for such payment.

The COUNTY shall pay the MUNICIPALITY fees in the amount of FORTY-SEVEN

THOUSAND THIRTY AND NO/100 ($47,030.00), based upon North Central Texas Council

of Governments service population allocation figures provided to the COUNTY by the Library

Advisory Board, payable in equal quarterly installments to the MUNICIPALITY commencing

on October 1, 2013. The Allocation chart setting forth said figures is attached hereto and

incorporated herein for all intents and purposes as Exhibit “A.”

Payment by the COUNTY to the MUNICIPALITY shall be made in accordance with

the normal and customary processes and business procedures of the COUNTY and payment

shall be satisfied from current revenues of the COUNTY.

All funding by the COUNTY to the MUNICIPALITY is subject to the condition that

the MUNICIPALITY shall have in place technology protection measures (commonly referred

to as “filters”) with respect to any computers used by the public that have Internet access

which are designed to block access through such computers to visual depictions that are (1)

obscene, as defined by Section 43.21 of the Texas Penal Code, or (2) contain pornography.

The technology protection measures shall be in compliance with the Children’s Internet

Protection Act.

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The MUNICIPALITY hereby certifies that its libraries have either installed and are

using the required technology protection measures during use of its computers that have

Internet access by the public at the present time or will have such protection measures in place

and operational by October 1, 2013.

XI.

This Agreement may be terminated, at any time, by either party by giving sixty (60) days

advance written notice to the other party. In the event of such termination by either party, the

MUNICIPALITY shall be compensated pro rata for all services performed to the termination

date, together with reimbursable expenses then due and as authorized by this Agreement. In the

event of such termination, should the MUNICIPALITY be overcompensated on a pro rata basis

for all services performed to the termination date or be overcompensated for reimbursable

expenses as authorized by this Agreement, the COUNTY shall be reimbursed pro rata for all

such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any

claim that may otherwise arise out of this Agreement.

XII.

This Agreement represents the entire integrated Agreement between the

MUNICIPALITY and the COUNTY and supersedes all prior negotiations, representations

and/or Agreements, either oral or written. This Agreement may be amended only by written

instrument signed by both the MUNICIPALITY and the COUNTY.

XIII.

The validity of this Agreement and any of its terms or provisions, as well as the rights

and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further,

this Agreement shall be performable and all compensation payable in Denton County, Texas.

XIV.

In the event any portion of this Agreement shall be found to be contrary to law it is the

intent of the parties hereto that the remaining portions shall remain valid and in full force and

effect to the fullest extent possible.

XV.

The undersigned officers and/or agents of the parties hereto are the properly authorized

officials and have the necessary authority to execute this Agreement on behalf of the parties

hereto and each party hereby certifies to the other that any necessary orders or resolutions

extending said authority have been duly passed and are now in full force and effect.

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EXECUTED in triplicate originals on the dates set forth below.

The COUNTY The MUNICIPALITY

By: ____________________________ By: Mary Horn, County Judge Name: Denton County, Texas Title: Acting on behalf of and by the Acting on behalf of and by the authority authority of the Commissioners of the Town Council of Flower Mound, Court of Denton County, Texas Texas DATED:____________________________ DATED:____________________________ ATTEST: ATTEST: By: By: Denton County Clerk Town Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By: By:

Assistant District Attorney Town Attorney APPROVED AS TO CONTENT: By: Director, Library Services

AUDITOR’S CERTIFICATE

I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this agreement. James Wells, Denton County Auditor

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Page 341 of 555

of 555


CONSENT ITEM


FROM: Chuck Jennings, Recreation Superintendent

ITEM: Consider approval of the sale and consumption of alcoholic beverages (beer and wine) at Bakersfield Park, during the 2014 Independence Fest.

BACKGROUND INFORMATION: The Town has started planning the 2014 Independence Fest that will be held on Friday, July 4 at Bakersfield Park. Staff is requesting approval of the sale of alcoholic beverages (beer and wine) for the festival. In November of 2012, the Town Council unanimously approved alcohol sales for the festival that was held on July 4, 2013. The Town has allowed the sale of alcoholic beverages for the Wild About Flower Mound Festival and the Independence Fest since 2009.There were no issues or concerns related to the sale of alcoholic beverages during the 2011, 2012, & 2013 Independence Fest events. The sale of beer and wine on park property requires PALS Board consideration and the Town Council’s approval since the event will be held at Bakersfield Park, as stipulated in Sec. 54-31(b)(2) of the Town’s Code of Ordinances.

Similar to what was planned for last year’s event, Promoter Line, Inc., will secure a third party retailer to handle the sale of alcoholic beverages. The retailer will take on the risk and liability of selling alcohol at the festival. Additionally, the retailer will acquire all appropriate licenses and permits from the Texas Alcoholic Beverage Commission and name the Town as an additional insured on their liability insurance. The Town will be paid a 20% commission of the total beverage sales.

Alcohol consumption at city festivals and Independence Day celebrations is not uncommon in the Dallas-Fort Worth area (i.e. Lewisville’s Western Day Festival, Grapevine’s Grapefest and Main Street Days, Addison’s Kaboom Town, Celebrate Highland Village Festival, and Southlake’s Oktoberfest). If approved for the event, alcohol would be prohibited from being taken out of the fenced in festival area. Similar to last year, this would be controlled by fencing, signage, police officers, and festival staff. With the festival taking place on Independence Day, the Town has instructed the Flower Mound Youth Sports Association to not schedule their AAYBA baseball tournament the week of July 4th. If the sale of alcohol is not approved for the event, the Town could lose significant sponsorship opportunities and the revenue stream created by the sale of alcoholic beverages. For the 2013 festival, Budweiser sponsored the festival by donating the backdrops for the stage and produced event signage. In addition, the Town received $4,250.80 in commissions from the sale of beverages. BOARD REVIEW/CITIZEN FEEDBACK: The PALS Board recommended approval by a vote of 5 to 1 at its October 3, 2013, meeting. ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: N/A LEGAL REVIEW: N/A ATTACHMENTS: 1. Excerpt draft minutes RECOMMENDATION: Move to approve the sale and consumption of alcoholic beverages (beer and wine) at Bakersfield Park, during the 2014 Independence Fest.

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http://library.municode.com/index.aspx?clientId=13329&stateId=43&stateName=Texas

Parks, Arts and Library Services (PALS) Board Meeting Minutes October 3, 2013 _ _ _________________________________________DRAFT__

Page 1 of 1

J. REGULAR ITEMS 7. Consider recommending approval for Town Council consideration the sale and

consumption of alcoholic beverages (beer and wine) at Bakersfield Park during the 2014 Independence Fest.

Chuck Jennings, Recreation Superintendent informed the Board that Independence

Fest 2014 will be held on Friday, July 4, at Bakersfield Park. Staff is requesting the Board’s approval for the sale of alcoholic beverages (beer and wine) at the festival based on the Town’s Ordinance governing the sale of beer and wine on park property which requires PALS Board consideration and Town Council approval.

He said that this upcoming event will be handled as it has been in previous years and the Town has allowed sales of alcoholic beverages for the Wild About Flower Mound Festival and the Independence Fest since 2009 and there have been no related issues or concerns. The Town will be protected from liability issues, will receive a 20% commission of total alcohol sales and Budweiser was one of the 2013 festival sponsors by donating the backdrops for the stage and produced event signages.

Vice Chair Miller asked “Once again, this is just a repeat of what we have been doing in the past?”

Mr. Jennings responded that this is the fourth (4th) Independence Fest, last year it was unanimously approved and there have never been any issues associated with it.

Board Member Elizabeth Lumpkins move to approve for Town Council consideration the sale and consumption of alcoholic beverages (beer and wine) at Bakersfield Park during the 2014 Independence Fest. Board member Annette Weir seconds the motion.

VOTE ON THE MOTION

AYES: Jones, Lumpkins, Horan, Weir, Bowman

NAYS: Denise Johnson



CONSENT ITEM


FROM: Chuck Jennings, Recreation Superintendent

ITEM: Consider approval of a Professional Services Contract with Promoter Line, Inc., to provide professional event production and planning services for the 2014 Independence Fest, in an amount not-to-exceed $196,200.00, from December 2, 2013, through December 1, 2014, with the option of four one-year renewal terms; and authorization for the Mayor to execute same on behalf of the Town.

BACKGROUND INFORMATION: The Town is beginning to organize the 2014 Independence Fest celebration that will be held on July 4, 2014, at Bakersfield Park. Due to the size and scope of the event which is expected to host approximately 15,000 plus attendees, staff is requesting the professional services of Promoter Line, Inc., (Promoter Line) to assist staff in organizing, planning, and operating the festival. The proposed contract is effective for one year with the option of four one-year renewal terms. On November 5, 2012, Town Council approved a contract with Promoter Line to provide professional event production and planning services related to the 2013 Independence Fest. Promoter Line was selected by staff due to their previous experience with the Town, other municipalities, and the quality of special events produced in the area. Promoter Line has worked with numerous cities including Lewisville, Grapevine, Ft. Worth, Southlake, Mesquite, and Addison. Promoter Line has done an excellent job the last five years working with the Town to produce the Wild About Flower Mound Festival (2009 & 2010) and the Independence Fest (2011, 2012 & 2013), at Bakersfield Park. Last year’s celebration was the largest to date, with over 12,000 spectators coming to help the Town celebrate the country’s independence. Attendees enjoyed food vendors, exhibitors, a huge kid’s play area, a car show, and great live music headlined by Rick Springfield. Overall, Promoter Line will handle most aspects of organizing and managing the festival as noted in the proposed contract. Town staff will be responsible for obtaining festival sponsorships and providing additional manpower during the festival. Promoter Line will be paid in nine monthly installments for their professional services and all budgeted costs as outlined in the contract to organize the festival. The contract is being structured this way to allow the Town to take advantage of Promoter Line’s low vendor pricing. The festival budget for 2014 was increased by $18,700 over previous years to cover the additional costs related to securing a larger national act. The added funds ($18,000) will be used to pay the higher appearance fee, production/backline costs, and other items within the rider agreement. Another $700 was added to cover the cost for additional port-a-lets at the various shuttle and parking locations. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A FISCAL IMPACT: Not-to-exceed $196,200.00 Proposed Expenditure: Account Number(s):

$196,200.00 100-630-34200-5110

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Finance Review by: Debra Wallace, Asst. Town Manager/CFO LEGAL REVIEW: Alan Lathrom, of Brown & Hofmeister, L.L.P., has reviewed the contract as to form and legality. ATTACHMENTS: 1. Proposed Professional Services Contract RECOMMENDATION: Move to approve a Professional Services Contract with Promoter Line, Inc., to provide professional event production and planning services for the 2014 Independence Fest, in an amount not-to-exceed $196,200.00, from December 2, 2013, through December 1, 2014, with the option of four one-year renewal terms; and authorization for the Mayor to execute same on behalf of the Town.

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PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is entered into on this ______ day of _______________, 2013, by and between the TOWN OF FLOWER MOUND, TEXAS, a municipal corporation located in Denton County, Texas (hereinafter referred to as “TOWN”), acting by and through its Town Manager or his designee, and PROMOTER LINE, INC., whose address is 4218 Gateway Drive, Suite 140, Colleyville, Texas, 76034 (hereinafter referred to as “CONSULTANT”).

W I T N E S S E T H: WHEREAS, TOWN desires to obtain professional services relative to acting as a Promoter/Producer

for the TOWN’s Independence Fest event and Children’s Activity Area at Parade (“Event”), which professional services are hereinafter referred to as “Services”; and

WHEREAS, CONSULTANT is qualified to provide such Services and is willing to undertake such

Services for TOWN in exchange for fees hereinafter specified; NOW, THEREFORE, THAT IN CONSIDERATION of the covenants and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, the parties hereto do mutually agree as follows:

I. Employment of Consultant

CONSULTANT will perform as an Independent Contractor all Services under this Contract to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of its profession, both public and private, currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt, timely action. If CONSULTANT is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONSULTANT agrees to perform those special expertise services to the appropriate local, regional or national professional standards. CONSULTANT's status shall be that of an Independent Contractor and not an agent, servant, employee or representative of TOWN in the performance of this Contract. No term or provision of or act of CONSULTANT or TOWN under this Contract shall be construed as changing that status. CONSULTANT will have exclusive control of and the exclusive right to control the details of the work performed hereunder, and shall be liable for the acts and omissions of its officers, agents, employees, Contractors, subcontractors, and consultants, and that the doctrine of respondeat superior shall not apply between TOWN and CONSULTANT, its officers, agents, employees, Contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between TOWN and CONSULTANT.

II. Scope of Services

The Services to be performed by CONSULTANT include the Services listed in Exhibit A,

attached hereto and incorporated by reference as if written word for word. In the event of discrepancy


(2)

or conflict between Exhibit A and this Contract, this Contract shall be binding and control. Deviations from this scope of services or other provisions of this Contract may only be made by written agreement signed by all parties to this Contract.

Consistent with the Services identified in Exhibit A, the TOWN will pay CONSULTANT the

amount budgeted for the Event in an amount not to exceed One Hundred Sixty-Three Thousand Seven Hundred and 00/100 Dollars ($163,700.00) for the Event (“Event Funds”). The Event Funds shall be paid on a monthly installment basis with the initial/first payment being made within ten (10) days of the start date as defined in section IV, for $20,462.50 and thereafter on or about the 1st of each month with final payment to be made in the amount of $20,462.50 on the first day of the Independence Fest event. CONSULTANT shall use said Event Funds for the Event purposes identified in Exhibit A other than CONSULTANT’s Fee, which Fee is provided for in section III. If additional services are requested, CONSULTANT will not initiate work on such additional services until authorized by the Town Manager, in writing, to proceed. CONSULTANT shall collect any and all monies due and payable to the TOWN for participation in the Event and shall turn such monies over to the TOWN within fourteen (14) days of receipt. All participants shall be required to make their check or money order payable to the TOWN. Further, CONSULTANT shall meet regularly with Town as directed by TOWN to discuss the Event budget and expenses, provide to TOWN updated budget spreadsheets and receipts for all expenses incurred for the Event and paid on behalf of the TOWN, and make such expenditures as are authorized and required for the proper functioning of the Event within the parameters of the funding approved by the TOWN Council for such purpose.

III. Compensation

For and in consideration of the Services performed hereunder, TOWN agrees to compensate

CONSULTANT in a total amount not to exceed Thirty-Two Thousand Five Hundred and no/100 Dollars ($32,500.00) as CONSULTANT’s “Promoter’s” or “Producer’s” fees (“CONSULTANT’S Fee”). Such CONSULTANT’S Fee shall be paid to CONSULTANT on a monthly installment basis with the initial/first payment being made within ten (10) days of the start date as defined in section IV, for $4,062.50 and thereafter on or about the 1st of each month with final payment to be made in the amount of $4,062.50 on the first day of the Independence Fest event.

The Scope of Services shall be strictly limited. TOWN shall not be required to pay any amount in excess of the original proposed amount unless TOWN shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts.

IV.

Term

The term of this Contract shall be twelve (12) months, beginning December 2, 2013 and ending December 1, 2014. This Contract may be automatically renewed for up to four (4) additional one (1) year terms upon the written request of the TOWN no less than thirty (30) days prior to end of the then

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(3)

current term. Otherwise, this Contract shall automatically terminate upon the conclusion of the then effective term.

V. Performance Cancellation

If any Artists’ performance which has been booked by CONSULTANT for the Event is

prevented or rendered impossible or unfeasible due to illness or accident of the Artist; any act or regulation of any public authority; civil uprising, act of God, labor disputes; interruption, delay, or failure of transportation services; war conditions, terrorist attack or emergencies; interruption of utility services; or any other cause beyond the reasonable control of CONSULTANT, the Artist, or TOWN then neither party to this Contract, nor the Artist, shall have any claim for damages due to the performance cancellation.

VI.

Insurance CONSULTANT shall purchase, maintain and keep in force during the term of this Contract such insurance as set forth below. CONSULTANT shall not commence work under this Contract until it has obtained all the insurance required under the Contract and such insurance has been approved by TOWN; nor shall CONSULTANT allow any subcontractor to commence work on his subcontract until all similar insurance of the subcontractor has been obtained and approved. All insurance policies provided under this Contract shall be written on an "occurrence" basis. 1. Workers' Compensation, as required by law, Employer's Liability insurance of not less than

$100,000 for each accident, $100,000 disease - each employee $500,000 disease - policy limit. 2. Commercial General Liability Insurance including, but not limited to, Premises/Operations,

Personal & Advertising Injury, Products/Completed Operations, Medical Payments, Independent Contractor's and Contractual Liability, covering but not limited to the indemnification provisions of this Contract, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $1,000,000 general aggregate per occurrence. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis.

3. Automobile Liability Insurance, covering all vehicles to be used in performance of this contract

with minimum limits equal to or greater than required by State law. It is agreed by all parties to this Contract that the insurance required under this Contract shall:

(a) Provide for thirty (30) days notice of cancellation to TOWN, for nonpayment of premium, material change or any other cause.

(b) Be written through companies duly authorized to transact that class of insurance in the State

of Texas.

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(4)

(c) Allow the Town the right to review the insurance requirements of this section during the effective period of the Contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the Town based upon changes in statutory law, court decisions, or the claims history of the industry as well as the CONSULTANT.

(d) Name the Town of Flower Mound and its officer, employees, and elected representatives as

additional insureds, (as the interest of each insured may appear) as to all applicable coverage;

(e) Allow the Town to be entitled, upon request, and without expense, to receive copies of the

policies and all endorsements thereto.

(f) Notify the Town in the event of any change in coverage and shall give such notices not less than 30 days prior to the change. The notice must be accompanied by a replacement Certificate of Insurance.

(g) Provide a Certificate of Insurance evidencing the required coverages to:

TOWN OF FLOWER MOUND c/o Ebix BPO Department 97 PO Box 257 Portland, MI 48875-0257 Fax: 517-647-7900 Email: [email protected]

VII.

Right to Inspect Records CONSULTANT agrees that TOWN shall have access to and the right to examine any directly pertinent books, documents, papers and records of CONSULTANT involving transactions relating to this Contract during the term of this Contract. CONSULTANT agrees that TOWN shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. TOWN shall give CONSULTANT reasonable advance notice of intended audits.

VIII. Indemnity

THE CONSULTANT DOES HEREBY COVENANT AND CONTRACT TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY AND HOLD HARMLESS THE TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF PROPERTY

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(5)

OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR OMISSION OF THE CONSULTANT AS WELL AS ANY NEGLIGENT OMISSION, ACT OR ERROR OF THE CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, OR OTHER PERSONS FOR WHOM THE CONSULTANT IS LEGALLY LIABLE, AND THE CONSULTANT WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT THE TOWN FROM AND AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.

TO THE EXTENT ALLOWED UNDER TEXAS LAW, THE TOWN DOES HEREBY COVENANT AND CONTRACT TO RELEASE, INDEMNIFY AND HOLD HARMLESS THE CONSULTANT AND ITS OFFICERS, AGENTS, EMPLOYEES AND INVITEES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS OR CAUSES OF ACTION, INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, THAT MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR DAMAGE TO OR LOSS OF USE OF PROPERTY OCCASIONED BY ANY WRONGFUL INTENTIONAL ACT OR OMISSION OF THE TOWN AS WELL AS ANY NEGLIGENT OMISSION, ACT OR ERROR OF THE TOWN, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND INVITEES, OR OTHER PERSONS FOR WHOM THE TOWN IS LEGALLY LIABLE, AND THE TOWN WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT THE CONSULTANT FROM AND AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS.

IX. Default; Termination

A. TOWN reserves the right to terminate this Contract immediately upon breach of any term or provision of this Contract by CONSULTANT. If at any time during the term of this Contract, CONSULTANT shall fail to commence the work in accordance with the provisions of this Contract or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Contract or fail to use an adequate number or quality of personnel to complete the work or fail to perform any of its obligations under this Contract, then TOWN shall have the right, if CONSULTANT shall not cure any such default after thirty (30) days written notice thereof, to terminate this Contract and complete the work in any manner it deems desirable, including engaging the services of other parties therefor. Any such act by TOWN shall not be deemed a waiver of any other right or remedy of TOWN. B. TOWN may terminate without cause with sixty (60) days written notice. CONSULTANT will provide TOWN with all Contract information and return any unpaid funds. CONSULTANT shall cooperate with TOWN to renegotiate with all third parties to recuperate expenses.

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(6)

X. Changes

TOWN may, from time to time, require changes in the scope of the services to be performed under this Contract. Such changes as are mutually agreed upon by and between TOWN and CONSULTANT shall be incorporated by written modification to this Contract.

XI. Conflict of Interest

CONSULTANT covenants and agrees that CONSULTANT and its associates and employees will have no interest, and will acquire no interest, either direct or indirect, which will conflict in any manner with the performance of the services called for under this Contract. All activities, investigations and other efforts made by CONSULTANT pursuant to this Contract will be conducted by employees, associates or subcontractors of CONSULTANT.

XII.

Mailing Address All notices and communications under this Contract to be mailed or delivered to TOWN shall be sent to the address of TOWN’s agent as follows, unless and until CONSULTANT is otherwise notified:

The Town of Flower Mound 2121 Cross Timbers Road Flower Mound, Texas 75028 Attn.: Thomas E. Hayden Telecopy: 972.874.6471 Telephone: 972.874.6000

Notices and communications to be mailed or delivered to CONSULTANT shall be sent to the address of CONSULTANT as follows, unless and until TOWN is otherwise notified: Promoter Line, Inc., a Texas corporation

4218 Gateway Drive, Suite 140 Colleyville, Texas 76034 Attn.: Jerry R. Thompson Telecopy: 817.557.6155 Phone: 817.557.1009 Federal ID# 75-2976232 Email: [email protected]

Any notices and communications required to be given in writing by one party to the other shall be considered as having been given to the addressee on the date the notice or communication is posted by the sending party.

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(7)

XIII. Successors and Assigns

TOWN and CONSULTANT each binds themselves and their respective successors, executors, administrators and assigns to the other party of this Contract and to the successor, executors, administrators and assigns of such other party in respect to all covenants of this Contract. Neither TOWN nor CONSULTANT shall assign or transfer its interest herein without the prior written consent of the other.

XIV. Applicable Law

This Contract is entered into subject to the Charter and ordinances of TOWN as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and Federal laws. CONSULTANT will make any and all reports required per Federal, State or local law including, but not limited to, proper reporting to the Internal Revenue Service, as required in accordance with CONSULTANT's income. Situs of this Contract is agreed to be Denton County, Texas, for all purposes including performance and execution.

XV. Severability

If any of the terms, provisions, covenants, conditions or any other part of this Contract are held for any reason to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, conditions or any other part of this Contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

XVI. Remedies

No right or remedy granted herein or reserved to the parties is exclusive of any other right or remedy herein by law or equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract.

XVII. Entire Agreement

This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein, cannot be modified without written agreement of the parties.

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(8)

XVIII. Non-Waiver

It is further agreed that one (1) or more instances of forbearance by TOWN in the exercise of its rights herein shall in no way constitute a waiver thereof.

XIX. Headings

The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof.

XX. Venue

The parties to this Contract agree and covenant that this Contract will be enforceable in Denton County, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Denton County, Texas.

XXI. No Third Party Beneficiary

For purposes of this Contract, including its intended operation and effect, the parties (TOWN and CONSULTANT) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with TOWN or CONSULTANT or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either TOWN or CONSULTANT. Further, nothing contained in this Contract is intended to waive nor should it be interpreted as waiving or otherwise deemed to waive the TOWN’s sovereign immunity or governmental immunity as it applies to any third person or entity. IN WITNESS WHEREOF, the parties have hereunto set their hands by their representatives duly authorized on the day and year first written above. THE TOWN:

THE TOWN OF FLOWER MOUND, TEXAS By: Thomas E. Hayden, Mayor

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(9)

ATTEST: ____________________________________ Theresa Scott, Town Secretary APPROVED AS TO LEGAL FORM: _______________________________________ Terrence S. Welch, Town Attorney State of Texas § § County of Denton § This instrument was acknowledged before me on the _____ day of _____ 2013, by Thomas E. Hayden, Mayor of the Town of Flower Mound, Texas, on behalf of the Town of Flower Mound, Texas. ________________________________ Notary Public, State of Texas My Commission Expires:

________________________________

CONSULTANT: PROMOTER LINE, INC., a Texas Corporation By: _______________________________ Name: Jerry R. Thompson Title: President Date Signed: _______________________

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(10)

State of Texas § § County of ______ §

This instrument was acknowledged before me on the ______ day of _____, 2013, by Jerry R. Thompson, in his capacity as President of Promoter Line, Inc., a Texas Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the same on behalf of and as the act of Promoter Line, Inc. GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE DAY OF , 20_____. Notary Public County, Texas My commission expires

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(11)

Exhibit “A” 1. Promoter Line, Inc. will work with Town staff in development and design of an Event concept and theme. 2. Promoter Line, Inc. will develop and oversee all existing logistical elements going in to Event. 3. Promoter Line, Inc. will hold a series of meetings to begin in February each year and occur monthly until the Event. 4. Promoter Line, Inc. will secure entertainment related items in cooperation with the budget. 5. Promoter Line, Inc. and the designated Town of Flower Mound's “Key” staff will oversee budget preparation. The budget will include, at a minimum, the following:

Town of Flower Mound Independence Fest

Services To Be Provided Projected

Budget Entertainment $72,000.00 Advertising $12,000.00 Median Signs $700.00 ASCAP $100.00 BMI $100.00 Forklifts/Light Towers $3,500.00 Fence/Golf Carts $4,800.00 Food/Catering $800.00 Décor/scaff $4,000.00 Generators $13,500.00 Kid Zone $9,000.00 Portalets/Cleaning & Servicing $3,700.00 Producer fee 32,500.00 Radio Rentals $500.00 Security $2,700.00 RV Rental $750.00 Sound & Lights main stage $13,600.00 Stage-Main $6,000.00 Stagehands $3,100.00 Spot Lights/Stage Barricades $500.00 Tents/Tables/Chairs $9,950.00 Printing $200.00 Volunteer Food $200.00 Volunteer/Staff Golf Shirts $1,500.00 Supplies $500.00 TOTAL $196,200.00

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(12)

6. Promoter Line, Inc. to manage budget and obtain services in accordance with the budget that is approved by the Town of Flower Mound. 7. Promoter Line, Inc. will secure all arts, crafts and food vendors. 8. Promoter Line, Inc. will secure all payments and any insurance required from vendors. 9. Prepare and distribute vendor packets to vendors secured by Promoter Line, Inc., in cooperation with Town. 10. Promoter Line, Inc. will oversee all on site sponsor logistics for sponsors secured by the Town of Flower Mound. Promoter Line, Inc. will not be responsible for securing any sponsors for event. 11. Promoter Line, Inc. will secure all purchase/rental items, delivery and timing of them. Promoter Line, Inc. will compile a list of Town equipment that will be needed and provided by the Town. 12. Promoter Line, Inc. will hire and oversee production items and staffing on all stages. 13. Promoter Line, Inc. will direct and manage overall staffing and placement of staffing for events. 14. Promoter Line, Inc. will jointly handle with the Town of Flower Mound all marketing, advertising, and promotion. 15. Promoter Line, Inc. will manage and execute overall festival accounting, subject to Town of Flower Mound approval of the final budget. Promoter Line, Inc. will oversee and maintain approved budget. This would include making timely payments to all vendors and contractors. 16. Promoter Line, Inc. will oversee and secure talent for entertainment on all stages. 17. Promoter Line, Inc. will develop, implement and maintain a schedule timeline in coordination with all Town departments.

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REGULAR ITEM


FROM: Mark Wood, Director of Economic Development

ITEM: Public Hearing to consider approval of a Chapter 380 Incentive Agreement with River Walk Marquis LP, a Texas limited partnership, and authorization for the Mayor to execute same on behalf of the Town.

BACKGROUND INFORMATION: Rainier Medical Investments is constructing a 27,403-square-foot medical office building within the River Walk Medical Park and has requested economic development incentives to assist in recruiting four medical specialties to lease space within the building. The requested incentive is a waiver of the difference in road impact fees from office classification (which has already been paid by Rainier Medical Investments) and medical office classification to be paid as tenants occupy space. The four medical specialties will be new tenants to Flower Mound, providing high quality and convenient medical care to not only Flower Mound residents but people from outside the community as well. The four tenants are: North Dallas Eye Associates, Inc., Dr. Jeremy Sanderson, M.D., P.A. (plastic surgery), United Dermatology Associates of Flower Mound, P.L.L.C., and Flower Mound Hospital Partners, LLC (Women's Imaging Center). In total, the four medical tenants will lease 10,359 square feet and add 30.5 jobs with an average salary of $141,000. Road impact fees already paid with office classification for these four tenants totals $20,592; medical office classification would require additional payment of $27,197, which is the waiver request. The proposed Chapter 380 Incentive Agreement provides for the following:

Road impact fee waiver of the difference between office and medical office classification for four specified medical specialty tenants new to Flower Mound.

To be in compliance, the four medical tenants must lease space for a period of five years after issuance of a certificate of occupancy. If they do not, Rainier Medical Investments must repay the fee waiver attributable to that tenant’s space.

Town staff completed a 5-year cost-benefit analysis demonstrating the net benefit for the entire project and cost for the partial fee waiver, which is summarized below. Total Benefit $493,691 (Property tax, fees, sales tax) Total Cost $27,197 (Partial fee waiver) Net Benefit $466,494 Adding high-paying jobs to the community is a priority for the Town and this project helps to achieve that goal. These medical specialties will also be beneficial for the success of Texas Health Presbyterian Hospital Flower Mound. Revenue derived from this project in year one of this agreement will exceed the partial fee waiver. BOARD REVIEW/CITIZEN FEEDBACK: N/A ALTERNATIVES/OPTIONS: N/A

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FISCAL IMPACT: Estimated fee waiver of $27,197 Proposed Expenditure: Account Number(s):

N/A N/A Finance Review by: Tammy Wilson, Executive Director of Financial Services LEGAL REVIEW: Terry Welch, of Brown & Hofmeister, L.L.P., has reviewed the Chapter 380 Incentive Agreement as to form and legality. ATTACHMENTS: 1. Chapter 380 Incentive Agreement 2. Cost-Benefit Analysis RECOMMENDATION: Move to approve a Chapter 380 Incentive Agreement with River Walk Marquis LP, a Texas limited partnership, and authorize the Mayor to execute same on behalf of the Town.

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Attachment 1

1

TOWN OF FLOWER MOUND AND RAINIER MEDICAL INVESTMENTS CHAPTER 380 PARTNERSHIP AGREEMENT

THIS TOWN OF FLOWER MOUND AND RAINIER MEDICAL INVESTMENTS

CHAPTER 380 PARTNERSHIP AGREEMENT (“Agreement”) is made and entered into this ____ day of December, 2013, pursuant to the authority granted by Chapter 380 of the Texas Local Government Code, as amended, by and between the Town of Flower Mound, Texas (hereinafter referred to as the “Town”), and River Walk Marquis LP, a Texas limited partnership (hereinafter referred to as “Owner”).

W I T N E S S E T H:

WHEREAS, Owner is constructing a medical office building (the “Building”)

located at 2560 Central Park Avenue in the Town (the “Property”), said Property being more particularly described in Exhibit A, attached hereto and incorporated by reference; and

WHEREAS, Owner previously has paid to the Town roadway impact fees based

on an Office use of the Property; and WHEREAS, in an effort to attract and retain medical office occupants, the Town

has agreed that the impact fees for the use of the Property by those Tenants referenced herein should more appropriately be considered for a Medical Office use of the Property (“Medical Use”) rather than an Office use of the Property (“Office Use”); and

WHEREAS, Chapter 380 of the Texas Local Government Code, as amended,

provides that Texas municipalities may create programs to promote local economic development; and

WHEREAS, the Town wishes to partner with Owner and provide an impact fee

incentive to Owner to assist in the medical office development of the Property; and WHEREAS, the Town has concluded and hereby finds that this Agreement in its

entirety clearly promotes economic development in Flower Mound and, as such, meets the requisites under Chapter 380 of the Texas Local Government Code and further, is in the best interests of the Town and Owner; and

WHEREAS, Owner has applied to the Town for financial accommodations,

including those which are described in this Agreement; and WHEREAS, Owner understands and agrees that in granting, renewing or

extending financial accommodations and incentives to Owner, the Town is relying upon Owner’s representations, warranties and agreements, and the financial accommodations and incentives described herein shall be and shall remain subject to the following terms and conditions of this Agreement.

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Attachment 1

2

NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Owner covenant and agree as follows:

1. Roadway Impact Fees Based on Medical Office Use for Certain Tenants. For the following Tenants of the Building, (a) North Dallas Eye Associates, Inc., (b) Dr. Jeremy Sanderson, M.D., P.A., (c) United Dermatology Associates of Flower Mound, P.L.L.C., and (d) Flower Mound Hospital Partners, LLC (Women's Imaging Center) (“Tenants,” whether one or more), the Town shall waive roadway impact fees to the extent of any difference between an Office classification of the Property (previously paid by Owner) and a Medical Office classification of the Property (for each Tenant, the “Classification Waiver Amount”). The roadway impact fees are those roadway impact fees assessed by the Town, pursuant to the provisions of Chapter 42 of the Town’s Code of Ordinances, as amended.

2. Default. It shall be a default of this Agreement for any Tenant, prior to the expiration of the five (5) year period commencing upon the Town’s issuance of a certificate of occupancy for such Tenant’s leased premises within the Building, to cease using its leased premises within the Building for a Medical Use (a “Tenant Use Default”). In the event of a Tenant Use Default, Owner shall pay to the Town the Classification Waiver Amount attributable/allocable to the defaulting Tenant’s leased premises within the Building no later than thirty (30) days after the Town’s written demand for such payment.

3. Applicable Laws and Venue. This Agreement shall be governed by and

construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in Denton County, Texas.

4. Notices. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other:

If to the Town: The Town of Flower Mound, Texas

2121 Cross Timbers Road Flower Mound, Texas 75028 Attn: Town Manager’s Office

If to Owner: River Walk Marquis LP 13760 Noel Road, Suite 800 Dallas, Texas 75240 Attn: Daryn Eudaly

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Attachment 1

3

5. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).

6. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any party.

7. Facsimiles. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein.

8. Mayor Authorized to Execute Agreement. The Town Council hereby authorizes the Mayor of the Town of Flower Mound to execute this Agreement on behalf of the Town.

9. Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof.

10. Filing in Deed Records. This Agreement shall be filed in the deed records of Denton County, Texas. Upon any sale or other transfer of any ownership rights in the Property, Owner shall notify the Town in writing of such sale or transfer within ten (10) business days of such sale or transfer. This is a material term of this Agreement.

11. Signatory Authority. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Owner warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Owner to same.

12. Binding Obligation. This Agreement is and shall be binding upon

Owner, its successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any interest now or in the future.

13. Non-binding Mediation. In the event of any disagreement or conflict

concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation.

Page 363 of 555

Attachment 1

4

14. Application of Town Ordinances. The signatories hereto shall be subject to all applicable ordinances of the Town, whether now existing or in the future arising. This Agreement shall confer no vested rights on the Property unless specifically enumerated herein.

IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date first above written.

THE TOWN OF FLOWER MOUND, TEXAS By: __________________________________ Name: Thomas E. Hayden Title: Mayor, Town of Flower Mound

STATE OF TEXAS )

) COUNTY OF DENTON )

This instrument was acknowledged before me on the __ day of December, 2013, by Thomas E. Hayden, Mayor of the Town of Flower Mound, Texas, on behalf of the Town of Flower Mound, Texas.

________________________________ Notary Public, State of Texas

My Commission Expires:

________________________________

Page 364 of 555

Attachment 1

5

OWNER:

RIVER WALK MARQUIS LP, a Texas limited partnership By: River Walk Marquis GP LLC, a Texas limited liability company, its general partner By: ___________ Daryn Eudaly, Vice President

STATE OF TEXAS ) )

COUNTY OF DENTON )

This instrument was acknowledged before me on the __ day of December, 2013, by Daryn Eudaly in his/her capacity as Vice President of River Walk Marquis GP LLC, a Texas limited liability company, which is the sole general partner of River Walk Marquis LP, a Texas limited partnership, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Owner.

_____________________________________ Notary Public, State of Texas

My Commission Expires:

________________________________

Page 365 of 555

Attachment 1

6

EXHIBIT A

CHAPTER 380 PARTNERSHIP AGREEMENT

Property Description

Being all that certain 0.731 acre lot, tract or parcel of land situated in the Carlos Chacon Survey, Abstract Number 299, Town of Flower Mound, Denton County, Texas, being all of Lot 5R, The River Walk at Central Park 11/2010, an addition to the Town of Flower Mound according to the plat thereof recorded in Document Number 2011-23 of the Plat Records of Denton County.

Page 366 of 555

River Walk Marquis LP Five-Year Cost-Benefit

BenefitEstimated Real Property Value $3,728,342Annual Real Property Tax Revenue $16,766Estimated BPP Value (combined tenants total) $990,000Annual BPP Tax Revenue $4,452Impact, Permit, and Inspection Fees $174,159Estimated Annual Sales Tax Revenue $38,812Construction Point of Sale Revenue $19,380Total Benefit $493,691

CostPartial Impact Fee Waiver $27,197Total Cost $27,197

Net Benefit to the Town $466,494

Page 367 of 555

mwood

Typewritten Text

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Typewritten Text

Attachment 2


REGULAR ITEM DATE: December 2, 2013 FROM: Tommy Dalton, Director of Strategic Services Doug Powell, Executive Director of Development Services ITEM: Public Hearing to consider a request for a Master Plan Amendment (MPA13-0010)

to amend Section 1.0-Land Use Plan by amending the description of the “Lakeside Business District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, to amend Section 2.0-Area Plans through the amendment of the Lakeside Business District by amending the description of “Campus Commercial” uses under the heading of “Lakeside Business District Land Use Categories” on page 2.1 of said Section 2.0 to change the restrictions on commercial and residential uses and thereby implement a mixture of uses that promote the stated goals of the District, and to further amend Section 2.0-Area Plans by updating the map of the “Lakeside Business District” on page 2.4 of said Section 2.0; to amend Section 1.0-Land Use Plan by amending the description of the “Cross Timbers Conservation Development District & Prairie Vista District” under the heading of “Purpose and Benefit of Six (6) Major Planning Areas” on page 1.1 of said Section 1.0 and by amending the description of the “Cross Timbers Conservation Development District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, and to amend Section 2.0-Area Plans by deleting the “Cross Timbers District” “Area Plan 2–Skillern/Scenic,” “Area Plan 3–Shiloh Road,” “Area Plan 4–High Road,” and “Area Plan 5–Roanoke Hills/Tour 18,” in their entirety and replacing said Area Plans with a new “Area Plan District” entitled “Cross Timbers District Area Plans” to simplify and clarify the Area Plans for the “Cross Timbers District” and to add flexibility that will promote the stated goals of the District; and, to amend Section 9.0-Wastewater Plan by adding “Cross Timbers Conservation Development District” as a wastewater Service Area, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 5 to 1 at its November 11, 2013, meeting.)

BACKGROUND INFORMATION: Attached is the Planning and Zoning Commission report and backup for this item. No changes have been made to the request since that meeting, and no new correspondence has been received by staff; however, the Mayor and Council Members have received additional correspondence directly from residents. Emails and concerns raised during the November 11, 2013, Planning and Zoning Commission meeting have been addressed on a dedicated webpage:

• http://www.flower-mound.com/index.aspx?NID=1252 During the Planning and Zoning Commission meeting on November 4 several comments were made and emails (linked above) received prior to and after the meeting that appear to raise two prominent themes: 1) notice/input, and 2) content of the proposed amendments.

Page 368 of 555

http://www.flower-mound.com/index.aspx?NID=1252

As it relates to notice, a document was created to respond to this concern which was posted online November 22 (http://www.flower-mound.com/DocumentCenter/View/6235). In combination with the noticing efforts discussed throughout this process, this document again illustrates the Town’s effort to go above and beyond to raise awareness of the project. Some of the sentiment seems to indicate that a specific geographical area should have received special notice and consideration for the project. Although the sentiment is understood, this project involved a Town-wide effort on community wide issues that necessitated equal opportunity for involvement. This sentiment was expressed early on Facebook in that residents on the east side of Town cannot objectively decide what is best for west Flower Mound. The discussion of the Master Plan is a community discussion that must provide equal opportunity for all residents to provide feedback. In regards to the content of the proposed amendments, there appear to be three reoccurring concerns. The following three clarifications could be considered to address those concerns, which are discussed briefly below:

A. Placing a maximum on the density B. Eliminating the ability to use the open space for active recreation C. Providing for enhanced process for a zoning amendment that would necessitate

formalized neighborhood meetings organized by the Town

One of the concerns raised is what the definition of “moderate density” would be interpreted as. The increase in density is listed as an incentive to the clustering model. In the public meetings an increase has been discussed from one unit per two acres (1:2) to 1.6 units per two acres (1.6:2) gross density. One suggestion is to create a maximum that can be granted to be no more than 1.7 units per two acres. The second issue related to active recreation is one that continues to be mentioned in many of the comments. The proposed change would be to eliminate the use of the open space as active recreation. Passive recreation such as trails would still be allowed and actually encouraged under the criteria. The third change is an attempt to address the concerns raised regarding the details of a cluster development. Specifically, text could be added that required neighborhood meetings when a project is being proposed. Currently, staff strongly encourages developers to meet with adjacent residents and HOAs. The change would be to formalize and require these types of meetings to insure that these groups are part of the design and approval process for any clustered development. The Connemara Conservancy was contacted by residents in the Shiloh Road neighborhood who expressed concerns about the proposed amendments. The Conservation Director, RJ Taylor, dedicated time to review the information online, watch the November 4, 2013 Planning and Zoning Commission public hearing, and meet with staff to discuss the issues raised by the residents. Mr. Taylor provided a letter (Attachment 3) expressing support of the proposed changes to the Cross Timbers Conservation Development District. This item is a companion piece to the PD Planned Development District amendment (LDR13-0004).

Page 369 of 555

http://www.flower-mound.com/DocumentCenter/View/6235

ATTACHMENTS: 1. Planning and Zoning Commission Staff Report 2. Letter from Connemara Conservancy 3. Draft Ordinance DRAFT MOTION: Move to approve a request for a Master Plan Amendment (MPA13-0010) to amend Section 1.0-Land Use Plan by amending the description of the “Lakeside Business District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, to amend Section 2.0-Area Plans through the amendment of the Lakeside Business District by amending the description of “Campus Commercial” uses under the heading of “Lakeside Business District Land Use Categories” on page 2.1 of said Section 2.0 to change the restrictions on commercial and residential uses and thereby implement a mixture of uses that promote the stated goals of the District, and to further amend Section 2.0-Area Plans by updating the map of the “Lakeside Business District” on page 2.4 of said Section 2.0; to amend Section 1.0-Land Use Plan by amending the description of the “Cross Timbers Conservation Development District & Prairie Vista District” under the heading of “Purpose and Benefit of Six (6) Major Planning Areas” on page 1.1 of said Section 1.0 and by amending the description of the “Cross Timbers Conservation Development District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, and to amend Section 2.0-Area Plans by deleting the “Cross Timbers District” “Area Plan 2–Skillern/Scenic,” “Area Plan 3–Shiloh Road,” “Area Plan 4–High Road,” and “Area Plan 5–Roanoke Hills/Tour 18,” in their entirety and replacing said Area Plans with a new “Area Plan District” entitled “Cross Timbers District Area Plans” to simplify and clarify the Area Plans for the “Cross Timbers District” and to add flexibility that will promote the stated goals of the District; and, to amend Section 9.0-Wastewater Plan by adding “Cross Timbers Conservation Development District” as a wastewater Service Area, and adopt an ordinance providing for said amendment.

Page 370 of 555

PLANNING AND ZONING COMMISSION

AGENDA ITEM NO: 2 DATE: November 11, 2013 FROM: Tommy Dalton, Director of Strategic Services

Doug Powell, Executive Director of Development Services ITEM: Public Hearing to consider a request for a Master Plan Amendment

(MPA13-0010) to amend Section 1.0-Land Use Plan by amending the description of the “Lakeside Business District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, to amend Section 2.0-Area Plans through the amendment of the Lakeside Business District by amending the description of “Campus Commercial” uses under the heading of “Lakeside Business District Land Use Categories” on page 2.1 of said Section 2.0 to change the restrictions on commercial and residential uses and thereby implement a mixture of uses that promote the stated goals of the District, and to further amend Section 2.0-Area Plans by updating the map of the “Lakeside Business District” on page 2.4 of said Section 2.0; to amend Section 1.0-Land Use Plan by amending the description of the “Cross Timbers Conservation Development District & Prairie Vista District” under the heading of “Purpose and Benefit of Six (6) Major Planning Areas” on page 1.1 of said Section 1.0 and by amending the description of the “Cross Timbers Conservation Development District” under the heading of “Area Plan Districts” on page 1.7 of said Section 1.0, and to amend Section 2.0-Area Plans by deleting the “Cross Timbers District” “Area Plan 2–Skillern/Scenic,” “Area Plan 3–Shiloh Road,” “Area Plan 4–High Road,” and “Area Plan 5–Roanoke Hills/Tour 18,” in their entirety and replacing said Area Plans with a new “Area Plan District” entitled “Cross Timbers District Area Plans” to simplify and clarify the Area Plans for the “Cross Timbers District” and to add flexibility that will promote the stated goals of the District; and, to amend Section 9.0-Wastewater Plan by adding “Cross Timbers Conservation Development District” as a wastewater Service Area.

I. ITEM SUMMARY

This item begins the formal review process for the Our Master Plan Project (http://www.flower-mound.com/ourmasterplan). Specifically, this item includes draft text amendments to the existing Master Plan related to the Lakeside Business District (LBD), Cross Timbers Conservation Development District (CTCDD), and the Wastewater Master Plan.

Attachment 1: Planning and Zoning Commission Staff ReportPage 371 of 555

http://www.flower-mound.com/ourmasterplan

The Our Master Plan Project has resulted in a companion Land Development Regulation amendment (LDR13-0004) being proposed for consideration on the same agenda. This application will require final action by the Town Council.

II. APPLICATION ANALYSIS

The proposed text amendments are taken directly from the discussion held as part of the Our Master Plan community engagement process. Further, the start of this effort recognized the stated vision of the focus areas should not be amended; rather the implementation of the vision was the goal. Most importantly, this process created a community discussion on the Town’s Master Plan which was recorded online, during community meetings, through surveys and live audience polling, and board and commission meetings. Information on the project is contained in the following attachments. The draft text amendments provided in the following attachments are depicted in an “underline/strikethrough” format. In the case of the CTCDD draft amendments in Section 2.0, only the proposed text is shown, because the area plans are being condensed. The Wastewater Plan amendments are all new text. The discussion on reviewing the Town’s Master Plan began during the Town Council retreat in the spring of 2012 where work programs were discussed for the upcoming year. This was followed up through the budget process with the allocation of funds for conducting the Master Plan Update. The Our Master Plan community engagement process officially began on August 5, 2013, and included the use of social media, a dedicated webpage, community-wide meetings, live audience polling, an online survey, and discussion with board and commissions. More information on the process is contained in Attachment 3. All of the public meetings and presentations have been cataloged on the project’s website at http://www.flower-mound.com/index.aspx?NID=1179, and are provided below for convenience. For each date below, links are provided to agendas (where applicable), background information, presentations, and videos of the meetings.

1. August 5, 2013: The Town Council approves a resolution to begin the process Read the agenda item View the presentation, or Watch the meeting

2. August 12, 2013: Presentation to the Planning and Zoning Commission

View the presentation, or Watch the meeting






http://flowermoundtx.swagit.com/play/08052013-1/7/


http://flowermoundtx.swagit.com/play/08132013-502/#3

3. August 13, 2013: Presentation to the Transportation Commission View the presentation, or Watch the meeting

4. August 19, 2013: Status Update to the Town Council


5. August 22, 2013: Presentation to the PALS Board


6. September 3, 2013: Status update to the Town Council


7. September 4, 2013: Presentation to the Environmental Conservation Commission


8. September 9, 2013: Status Update to the Planning and Zoning Commission


9. September 19 Community Meeting at the Flower Mound Public Library

View the presentation with live polling results Watch the meeting - The live poll conducted during the meeting is

closed.

10. September 21 Community Meeting at the Flower Mound Public Library View the presentation with live polling results Watch the meeting - The live poll conducted during the meeting is

closed.

11. October 7, 2013: Status update to the Town Council View the presentation, or Watch the meeting

12. October 17, 2013: Joint Town Council and Planning and Zoning Commission

Work Session. Presentation and discussion on the Our Master Plan project, including feedback and data compiled during the process, and direction on next steps. Conducted at Town Hall (2121 Cross Timbers Road); open to the public.

View the agenda View the packet View the presentation Watch the meeting




















http://www.flower-mound.com/AgendaCenter/ViewFile/Agenda/10172013-1232

http://www.flower-mound.com/AgendaCenter



13. October 28, 2013: Planning and Zoning Commission Work Session. Presentation

and discussion on the Our Master Plan project’s proposed options and amendments to the Town's Master Plan for the Lakeside Business District and Cross Timbers Conservation Development District, and to discuss related Land Development Regulation amendments.

View the agenda View the packet View the presentation Watch the meeting

Following the recommendation from the Planning and Zoning Commission on November 11, this item will be noticed for the December 2 Town Council meeting. This item will not follow the Town’s current policy for development applications being on back-to-back Planning and Zoning Commission and Town Council meeting agendas. Additional time is being provided to allow further engagement opportunities for the public.

III. CORRESPONDENCE The Town Code requires public notice in a newspaper of general circulation (Denton Record Chronicle) for all Master Plan amendments. All of the correspondence received during this process is posted on the project’s Facebook page (https://www.facebook.com/ourmasterplan2013) and is attached for convenience. The Town continues to receive and encourage feedback on this project.

IV. ATTACHMENTS

1. Draft Text Amendments 2. Text Amendment Analysis (Presented to P&Z on October 28, 2013) 3. Our Master Plan Process Report Summary (October 17, 2013) 4. Live Polling and Online Survey Summary 5. Facebook Comments 6. Email Correspondence by Focus Area 7. General Comments 8. Community Suggested Other Master Plan Topics


http://www.flower-mound.com/AgendaCenter/ViewFile/Agenda/10282013-1254




https://www.facebook.com/ourmasterplan2013

Attachment 1: Draft Text Amendments

DRAFT TEXT AMENDMENTS – SECTION 1.0 – LAND USE PLAN Purpose and Benefit of Six (6) Major Planning Areas

*** Cross Timbers Conservation Development District & Prairie Vista District

The Cross Timbers Conservation District and Prairie Vista District preserve the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur. There are a total of 5 2 area plans in these districts establishing appropriate land uses and relationships between land uses in these districts.

*** Area Plan Districts

Lakeside Business District

Large scale commercial and/or light industrial developments such as corporate offices, office parks, industrial parks, clean manufacturing, hotels, commercial, similar uses, and may include residentialresorts and similar uses, in a planned campus setting. Retail, restaurant, hotel and similar uses serving the commercial/industrial uses could be appropriate, if they are planned as integral elements of the developments. No residential land uses are included in this district. The intent is to create a vibrant area that encourages dynamic economic development focused around live, work, and play opportunities. A mixture of uses is important as well as its design details, amenity quality, and the use of natural areas and opens space to provide a unique quality of life, and sense of place.

Cross Timbers Conservation Development District

Predominantly residential development, typically being single family residential development at net densities no greater than one unit per two acres. Moderate increases in densities may be appropriate in combination with cluster developments conservation easements and/or other conservation techniques that preserve the Cross Timbers ecosystem, and other natural systems, and Scenic Corridors and Vistas. Commercial recreation uses, such as equestrian facilities, golf courses and other uses compatible with the conservation goals of the district are also suitable.

***



DRAFT TEXT AMENDMENTS – SECTION 2.0 – AREA PLANS Lakeside Business District Lakeside Business District Land Use Categories:

Campus Commercial – Campus Commercial means a mixture of uses which includes corporate offices, office parks, hotels, commercial, similar uses, and may include residential. The intent is to create a vibrant area that encourages dynamic economic development focused around live, work, and play opportunities. A mixture of uses is important as well as its design details, amenity quality, and the use of natural areas and opens space to provide a unique quality of life, and sense of place.

Development in the district must demonstrate the following:

1. Compliance with the three elements of the District’s Vision i. Create high quality, regional commercial development ii. Competes in the economic development arena iii. Develops a balanced tax base to reduce the residential tax burden

2. Exemplary and enduring quality and design shall be achieved by establishing a high level of development standards

3. Market factors should ensure a robust mix of uses that are economically viable, support a high quality of life, and provide sustainable fiscal health for the Town

4. No one single use should be allowed to predominate in the District at build-out 5. Uses and design shall be in context with the existing environment and adjacent

developments 6. Residential development should provide a range of residential options that reflect

changing lifestyles and demographics, and should be facilitated through the balancing of market demand and community preferences

***



Lakeside Business District Map

*** Cross Timbers District

Cross Timbers Conservation Development District Area Plan

The Cross Timbers Conservation Development District Area Plan preserves the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur. The area plan establishes development options within the district and identifies specific elements needing consideration.

There are several development options within the District:

1. Retain all or part of the property for personal use. This option would include (but not require) the potential of donating a conservation easement on all or part of the property in order to realize some economic benefit.

2. Develop all or part of the property, or sell all or part of the property to others for development on two acre lots as permitted under the existing Agricultural zoning.



3. Develop all or part of the property, or sell all or part of the property to others for development as a conservation development, with the number of lots as permitted under the existing Agricultural zoning, but with smaller lots and eligibility for incentive benefits as established by the Town’s SMARTGrowth Program. This option would include the potential donation of a conservation easement on all or part of the property in order to realize some additional economic benefit.

4. Develop all or part of the property at lot sizes larger than two acres, as permitted under the existing Agricultural zoning.

5. Develop all or part of the property in Rural Development (lot sizes five acres or larger) that reflects the country atmosphere and natural environment of Flower Mound, as permitted under the existing Agricultural zoning. This could include coordinated development for specialized types of development, such as equestrian oriented developments.

6. Coordinate development planning with adjoining land owners as a combined conservation development, with the number of lots as permitted under the existing Agricultural zoning but with smaller lots and eligibility for incentive benefits as established by the Town’s SMARTGrowth Program, as a coordinated Planned Development. This option would include (but not require) the potential of donating a conservation easement on all or part of the property in order to realize some additional economic benefit.

7. Develop all or part of the property as appropriate non-residential development. Appropriate non-residential development might include active equestrian commercial activities (similar to the existing Flower Mound Equestrian Center), active use “country” commercial uses (similar to the Circle R Ranch, or roadside farm product stands), or other commercial uses that reinforce the “country atmosphere and natural environment” that is characteristic of the Cross Timbers, and are fully compatible with and acceptable to neighbors and landowners in the Zone.

8. Develop the property as a cluster development. The intent of the clustering option is to maximize open space conservation, including preserving Scenic Corridors and Vistas, on a site by site basis to realize a community benefit that provides the Town with its unique country atmosphere and natural environment. The continuation and/or connection of open space areas between adjacent developments are important in protecting the ecological value in the District. Cluster developments may be allowed in the District and must demonstrate the following:

a. Density shall be commensurate with the quality and character of the open or natural lands conserved and the extent to which the conserved land contributes to the preservation of the Cross Timbers Conservation Development District's country character, including its open, natural, scenic and ecological values. Density will be evaluated on a project-by-project basis.



b. Minimum lot size is one-half acre or 21,780 square feet.

c. Open space may be managed by a land trust, Homeowners Association, and/or the Town. Any development proposal must detail the perpetual maintenance and funding for the open space areas, which must be feasible and appropriate for the areas preserved. Recreational uses may be allowed, including active uses, which may be appropriate given the type, location, intensity, and adjacency. Any recreational use should be characteristic of the District, compatible with adjacent land uses and should be open to the public. Floodplain may be counted as open space.

d. Cluster development shall demonstrate how the development provides an

appropriate transition to existing land uses. Factors to be considered include lot sizes, intervening roadways, and use of open space, among other factors.

Elements needing consideration within the district include:

1. Sewer is allowed in the district and is the responsibility of new development.

2. Scenic Corridors and Vistas - The scenic corridor is FM 1171 which has extensive views into the District. These viewsheds need to be incorporated into any development proposal, if development is contemplated, and would require compliance with the “Town of Flower Mound SMARTGrowth Program” SMARTGrowth Analysis. Compliance with the SMARTGrowth Analysis could be achieved by conservation or cluster development, placing new houses outside of the view area, or by siting any new lots so the houses face toward FM 1171 across conserved open space, with access from a street internal to the development, rather than providing a view from FM 1171 into back yards or rear alleys.

3. Scenic corridors are present along the following roadways:

a. Skilern Road b. Scenic Road c. Shiloh Road d. Rocky Point Road e. Red Rock Road f. High Road g. FM 1171 at the Cross Timbers Escarpment

Properties adjacent to these roads provide extensive views into the District. Compliance with the SMARTGrowth Analysis could be achieved by conservation or cluster development, placing new houses outside of the view area, or by siting any new lots so the houses face the roadways across conserved open space, with access from a street internal to the development, rather than providing a view from the roadways into back yards or rear alleys.



Cross Timbers Conservation Development District Map



DRAFT TEXT AMENDMENTS – SECTION 9.0 – WASTEWATER PLAN Service Areas

*** Cross Timbers District The Cross Timbers Conservation Development District, between the Prairie Vista District, and the Long Prairie District, is comprised of developable land. The area shall be studied to determine adequate infrastructure needs and direction of flow to service the developable land. Any costs associated with the provision of such sewer service shall be borne by the developers of the property in the District. The Town may, but is not required to, evaluate the feasibility of any new system in the District for the purposes of providing wastewater service to existing homes with on-site sewage facilities (septic systems).


Attachment 2: Text Amendment Analysis (Presented to P&Z on October 28, 2013)

LAKESIDE BUSINESS DISTRICT

The overall goal for the District is outlined in Section 1.0: Land Use Plan of the Town’s Master Plan. The overall vision for the District is to create high quality, regional commercial development that competes in the economic development arena, and develops a balanced tax base to reduce the residential tax burden.

Section 1.0 – Land Use Plan: (Overarching Goal)

The Lakeside Business District emphasizes high quality, regional commercial development enabling Flower Mound to effectively compete in the economic development arena and develop a balanced tax base which will lower the tax burden on homeowners.

The paragraph above is the stated vision of the district and remains unchanged. There are two other areas that provide policy guidance on land use in the District which are provided below and contain repetitive language. The sections below need modification in order to implement the stated vision above while allowing a mixture of uses in the District.

Section 1.0 – Area Plan Districts:

Large scale commercial and/or light industrial developments such as corporate offices, office parks, industrial parks, clean manufacturing, hotels, resorts and similar uses, in a planned campus setting. Retail, restaurant, hotel and similar uses serving the commercial/industrial uses could be appropriate, if they are planned as integral elements of the developments. No residential land uses are included in this district.

The above section describes the District as a whole which includes both campus industrial, and campus commercial uses. Commercial uses are characterized as being secondary to the primary uses of office and warehousing.

Section 2.0 – Lakeside Business District Area Plan (Campus Commercial)

Campus Commercial - Large scale developments such as corporate offices, office parks, hotels, resorts and similar uses, in a planned campus settings. Retail and restaurant uses serving the campus commercial uses could be included, if they are planned as integral elements of the developments. Residential uses are appropriate only for a luxury condominium tower within a four-star hotel development to be located at 2900 Lakeside Parkway.

This section specifically describes the Campus Commercial use, which has been the focus of discussion in the District. The definition describes preferred uses and corporate offices, office parks are held as the primary uses. Any commercial uses (retail and restaurant) must support the primary use and are not allowed on their own. In order to implement a mixture of uses within the district, the restrictions on commercial and residential uses must be changed.

Keeping the overarching goals in mind, changes to the restrictions must continue to promote the stated goals of the District. In allowing commercial uses the restriction should be removed; however, the development of those uses must serve the broader community, be of enduring and exemplary design



and construction, and avoid strip or linear development. The quality and design of uses within the District are governed by the Town’s Urban Design Plan, which set forth architectural standards for buildings and open spaces (http://www.flower-mound.com/DocumentCenter/Home/View/759).

The following are the draft text amendments to the Campus Commercial definition within the Lakeside Business District:

Campus Commercial – Campus Commercial means a mixture of uses which includes corporate offices, office parks, hotels, commercial, similar uses, and may include residential. The intent is to create a vibrant area that encourages dynamic economic development focused around live, work, and play opportunities. A mixture of uses is important as well as its design details, amenity quality, and the use of natural areas and opens space to provide a unique quality of life, and sense of place.


1. Compliance with the three elements of the District’s Vision i. Create high quality, regional commercial development ii. Competes in the economic development arena iii. Develops a balanced tax base to reduce the residential tax burden

2. Exemplary and enduring quality and design shall be achieved by establishing a high level of development standards

3. Market factors should ensure a robust mix of uses that are economically viable, support a high quality of life, and provide sustainable fiscal health for the Town

4. No one single use shall be allowed to predominate in the District at build-out 5. Uses and design shall be in context with the existing environment and adjacent

developments 6. Residential development should provide a range of residential options that reflect

changing lifestyles should be facilitated through the balancing of market demand and community preferences

Approval of the final text amendment may also require amendment to the similar language in Section 1.0 described above.

CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT

The overall goal for the District is outlined in Section 1.0: Land Use Plan of the Town’s Master Plan. The overall vision for the District is to preserve the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur.

Section 1.0 – Land Use Plan:

The Cross Timbers Conservation District and Prairie Vista District preserve the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur. There are a total of 5 area



plans in these districts establishing appropriate land uses and relationships between land uses in these districts.

The paragraph above is the stated vision of the District and remains unchanged. There are two other areas that provide policy guidance on land use in the District which are discussed below. The sections below need modification in order to implement the stated vision above while allowing cluster development which adds flexibility to the Town’s existing conservation development standards.

Section 1.0 – Area Plan Districts:

Predominantly residential development, typically being single family residential development at net densities no greater than one unit per two acres in combination with conservation easements and/or other conservation techniques that preserve the Cross Timbers ecosystem and other natural systems. Commercial recreation uses, such as equestrian facilities, golf courses and other uses compatible with the conservation goals of the district are also suitable.

The above section describes the District as a whole which allows two residential development options: 1) total site development at 1 unit per two acres, and 2) conservation development. Commercial recreation uses are also allowed so long as they are compatible with the conservation goals of the district.

Section 2.0 – Area Plan Districts: (Four Area Plans with text and graphics – pages 10-27 of Section 2.0 which can be viewed at http://www.flower-mound.com/DocumentCenter/Home/View/766 )

The text contained within the area plans set forth development options within the District and are largely repetitive. In addition, the area plans also provide the following:

1. References to the Thoroughfare Plan for roadways 2. References to the Parks and Trails Plan 3. Identifies the location of floodplain areas 4. Expresses the need to buffer new development from existing development 5. Identifies the location of trees and natural features 6. Identifies Scenic Corridors and Vistas, and stresses the use of Conservation Development to

preserve them

For clarity, this information has been organized in an easily readable format such as in Attachment 2. This shows the repetitive nature of the areas plans and illustrates the need to succinctly state the vision of the district up front and in a manner that is straightforward.

Keeping the overarching goals in mind, changes to add flexibility in the District must continue to promote the stated goals of the District (preserve the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur).

The following are the draft text amendments to the Cross Timbers Conservation Development District Area Plan:



There are several development options within the District:

1. Retain all or part of the property for personal use. This option would include (but not require) the potential of donating a conservation easement on all or part of the property in order to realize some economic benefit.

2. Develop all or part of the property, or sell all or part of the property to others for development on two acre lots as permitted under the existing Agricultural zoning.

3. Develop all or part of the property, or sell all or part of the property to others for development as a conservation development, with the number of lots as permitted under the existing Agricultural zoning, but with smaller lots and eligibility for incentive benefits as established by the Town’s SMARTGrowth Program. This option would include the potential donation of a conservation easement on all or part of the property in order to realize some additional economic benefit.

4. Develop all or part of the property at lot sizes larger than two acres, as permitted under the existing Agricultural zoning.


6. Coordinate development planning with adjoining land owners as a combined conservation development, with the number of lots as permitted under the existing Agricultural zoning but with smaller lots and eligibility for incentive benefits as established by the Town’s SMARTGrowth Program, as a coordinated Planned Development. This option would include (but not require) the potential of donating a conservation easement on all or part of the property in order to realize some additional economic benefit.

7. Develop all or part of the property as appropriate non-residential development. Appropriate non-residential development would require approval by all other neighbors and landowners within the Zone, and approval by the Town. It might include active equestrian commercial activities (similar to the existing Flower Mound Equestrian Center), active use “country” commercial uses (similar to the Circle R Ranch, or roadside farm product stands), or other commercial uses that reinforce the “country atmosphere and natural environment” that is characteristic of the Cross Timbers, and are fully compatible with and acceptable to neighbors and landowners in the Zone.

8. Develop the property as a cluster development. The intent of the clustering option is to maximize open space conservation, including preserving Scenic Corridors and Vistas, on a site by site basis to realize a community benefit that provides the Town with its unique country atmosphere and natural environment. The continuation and/or connection of open space areas



between adjacent developments are important in protecting the ecological value in the District. Cluster developments may be allowed in the District and must demonstrate the following:

a. Density shall be commensurate with the quality and character of the open or natural lands conserved and the extent to which the conserved land contributes to the preservation of the Cross Timbers Conservation Development District's country character, including its open, natural, scenic and ecological values. Density will be evaluated on a project-by-project basis. (The limit on density, 1 unit per 2-acres, noted under Section 1.0, Land Use Category Definitions, will need to be amended.)

b. Minimum lot size is one-half acre or 21,780 square feet. (Allowing development on one-

half acre lots will necessitate an amendment to the Town’s Land Development Regulations to allow septic systems on one-half-acre lots [served by a public water supply] in accordance with State regulations.)

c. Open space may be managed by a land trust, Homeowners Association, and/or the

Town. Any development proposal must detail the perpetual maintenance and funding for the open space areas, which must be feasible and appropriate for the areas preserved. Recreational uses may be allowed, including active uses, which may be appropriate given the type, location, intensity, and adjacency. Any recreational use should be characteristic of the District, and compatible with adjacent land uses. Floodplain may be counted as open space.

d. Cluster development shall demonstrate how the development provides an appropriate

transition to existing land uses. Factors to be considered include lot sizes, intervening roadways, and use of open space, among other factors.

Sewer is allowed in the district and is the responsibility of new development. (The Town’s Wastewater Master Plan will also need to be amended, Section 9.0, to reflect the extension of the sewer service area into the District.)

Scenic Corridors and Vistas - The scenic corridor is FM 1171 which has extensive views into the District. These viewsheds need to be incorporated into any development proposal, if development is contemplated, and would require compliance with the “Town of Flower Mound SMARTGrowth Program” SMARTGrowth Analysis. Compliance with the SMARTGrowth Analysis could be achieved by conservation or cluster development, placing new houses outside of the view area, or by siting any new lots so the houses face toward FM 1171 across conserved open space, with access from a street internal to the development, rather than providing a view from FM 1171 into back yards or rear alleys.

Scenic corridors are present along the following roadways:

1. Skilern Road 2. Scenic Road 3. Shiloh Road



4. Rocky Point Road 5. Red Rock Road 6. High Road 7. FM 1171 at the Cross Timbers Escarpment

Properties adjacent to these roads provide extensive views into the District. Compliance with the SMARTGrowth Analysis could be achieved by conservation or cluster development, placing new houses outside of the view area, or by siting any new lots so the houses face the roadways across conserved open space, with access from a street internal to the development, rather than providing a view from the roadways into back yards or rear alleys.

Appropriate development standards for neighborhood-oriented commercial uses at FM 1171 and Shiloh Road need to be evaluated and brought forward at a future date. The Land Use Plan should not be amended to allow for commercial uses at this intersection until development standards have been approved.


Master Plan Review Town of Flower Mound

Report Summary

A Master Plan is a statement of a community's goals and objectives for itself now and in the future. Used as a guide to direct future growth, development, and redevelopment of a community, a Master Plan plays an important role in a community's decision-making process. The plan is comprehensive in that it links the different geographic and functional components of a Town to each other in such a way that the community's goals and objectives can be achieved, issues resolved, and opportunities for improved quality of life realized. The Master Plan is a document that sets the framework for the physical development of the Town over a 20-year period. The plan includes sections devoted to land use, parks, trails, open space, roadways, water, wastewater, and economic development. A comprehensive review of the Master Plan typically occurs every five to ten years to ensure the Town is still in step with its long range vision and to ensure the Town is in position to positively react to changing conditions. The discussion on reviewing the Town’s Master Plan began during the Town Council retreat in the spring of 2012 where work programs were discussed for the upcoming year. This was followed up through the budget process with the allocation of funds for conducting the Master Plan Update. The discussions on the Master Plan Update made it clear that the vision of the Master Plan was still valid and supported by the community. The current vision can be summarized into four major points:

Preserve country atmosphere and natural environment Manage growth Balance tax base Ensure enduring and exemplary development

The proposed review of the Master Plan was not to seek to challenge the vision, but seek to confirm and strengthen it. Aside from it being seven years since the last review, the process also sought to determine the adequacy of existing Town regulations to implement the vision. Finally, as with past Master Plan reviews, the process sought to ensure that market demands within the Town aligned with the Master Plan’s vision.

Since this review did not begin with asking what the Town should be, but rather, how to implement the existing vision concurrently with the returning market, the process involved a focused discussion on four planning areas highlighted in blue on the map:

Denton Creek District Cross Timbers Conservation

Development District Lakeside Business District FM 2499 commercial corridor

between FM 1171 and FM 407

On August 5, 2013, the Town Council approved a resolution to begin the review of the Town’s Master Plan, specifically the land use portion, through a community engagement process. The community engagement process was simply an effort to prompt and encourage individuals to be part of the process. The major difference in this process was to engage the public at the

Attachment 3: Our Master Plan Process Report Summary (October 17, 2013)Attachment 1: Planning and Zoning Commission Staff Report

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beginning of the process, not just at the end of the process. To help facilitate the discussion, a great deal of background information was posted to the Town’s website as the process was initiated. The “Our Master Plan: Strengthening the Vision” webpage included information about the project, historical documents, description of the review process, a timeline, contact information, and a FAQ section. The informational webpage also defined what a successful process would look like and outlined the project goals, roles and responsibilities, and steps in the process. The webpage information was structured to provide individuals the information to become involved in the process and to have source and background information to join the discussion. Complementing the dedicated webpage, a project specific Facebook page was established as a discussion platform. Facebook allowed individuals to review information, post comments, and engage in discussions without being constrained. Town staff did post questions to initiate discussions and respond to posts, but the intent was not for the Town to lead or control the discussion. The Facebook effort was to allow the public a mechanism to share ideas and concerns, ask questions, and suggest alternatives regarding the Master Plan. The Facebook page also served as an avenue to communicate information about the process and notify the public on updates. The discussion on the Facebook page began on August 6 by asking for initial thoughts and questions about the project and continued by asking questions about the overall vision of the Master Plan. General questions regarding each focus area were posted on the project’s webpage for public view between August 16 and September 11. The public was able to provide feedback on the project’s Facebook page, via email, by phone, or in person. Any comments received via email were posted online and the Facebook page for public view. The effort to engage people to join the Master Plan process included the following:

Project Specific Website Social Media (Facebook, Twitter) Informational Posters Flower Mound TV Media Interaction Business Cards

Utility Bill Inserts Notices (randomly selected residents, large land

owners, local businesses, HOAs, School Districts, civic groups)

Median Signs Town Council, Board and Commission Meetings

In addition to providing five updates on the process to the Town Council at their regularly scheduled meetings, the staff also made presentations to the Planning and Zoning Commission, Transportation Commission, PALS Board, and ECC. The webpage and Facebook pages were also updated on a daily basis to keep the public informed on the process as it moved forward. All of the comments from the webpage and Facebook pages are contained in Attachments 1-5. Any comments received that do not fit into the four focus area discussions are also provided within Attachment 5. Within this section, some options are also proposed for addressing those specific comments or ideas. Overall, the community engagement process was intended to provide a framework for early public involvement, promote diverse participation and active engagement. The belief was that engaging the community at the onset of the process would help identify community sentiment regarding the Master Plan effort. The stated project goals were described as follows:


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1. Provide a framework for early public involvement

Objective: Provide multiple opportunities for public discussion and engagement on land use issues in four focus areas. Obtain community input through social media, audience polling, and online surveys prior to drafting formal reports or recommendations.

2. Reach many participants

Objective: Actively advertise the project using both print and electronic media, random invites, and through civic groups to reach the most people as possible.

3. Promote active engagement

Objective: Provide an information hub on the four focus areas in addition to historical resources. Pose questions to spark discussion on critical areas/subjects within the focus areas. Provide information on current or recent development interest in context with confirming the vision of the four focus areas.

4. Produce community-led options

Objective: Build consensus on community options for the four focus area by meeting the first three goals. An important step in the public engagement process was holding two public participation meetings on September 19th and 21st. The meetings were held at the Flower Mound Public Library and were identical in the presentation. For these meetings, audience polling was used to guide discussion, as well as gauge participant knowledge and interest on a variety of topics related to the focus areas. The structure of the meetings included background information on master plans, in general, and their legal implications. A presentation on each focus area followed and included location, current land uses, development interest, summary of comments received, and a series of questions specific to the focus area. Three types of questions were asked at both meetings: demographic, background (i.e., the current vision for the districts), and level of interest questions, based on comments received from the public on Facebook, online, or via email. The results of the polling and a video of the meetings were posted on the webpage directly after the events at: http://www.flower-mound.com/index.aspx?NID=1179. A component of the public meetings was a poll on specific questions related to the four focus areas. For those that did not attend the meetings, an online survey was also made available. Attachment 1 shows the polling responses for each meeting, as well as those received from the online survey. This community feedback was used as the basis for developing community options for each of the four focus areas. On October 2nd, these options were published online and notice was sent to all of the individuals and groups who had been part of the process. As part of the ongoing community engagement effort, the information was not just posted, but the public was encouraged to make suggestions on each focus area so as to add to the discussion. The posted options are provided below and are the basis of the joint work session with the Town Council and Planning and Zoning Commission to be held on October 17, 2013. The joint work session begins the formal process to consider any amendments to the Town’s Master Plan. If direction to move forward is provided at the meeting, the next step would be to hold a work session with the Planning and Zoning Commission to discuss proposed amendments. Adoption of any amendments would require public hearings at the Planning and Zoning Commission and then Town Council. During the formal process, the Town would continue to take comments and suggestions in addition to providing opportunities for public comment during the formal public hearings.


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This report includes the following information: 1. Live Polling and Online Survey Summary 2. Facebook Comments 3. Email Correspondence by Focus Area 4. General Comments received 5. Suggested Other Master Plan Topics received


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Background The Lakeside Business District was created in 2001 to foster non-residential development to create jobs and tax base for the Town. Further, the Town entered into 380 agreements with property owners in the area to build major roadways and water and sewer infrastructure for the area. The 380 agreements were the basis for the Town to issue bonds for the infrastructure which totaled approximately $26 million. The repayment obligation for the interest on the 380 bonds was on the property owners unless they developed their property to provide adequate taxable building improvements. The grace period for most of the bond payments was reached this year, which means that the landowners will have to begin paying for property which has not developed to date. The land use within the Lakeside Business District is divided into two major areas; Campus Commercial and Campus Industrial. On the map for the area shown on the right, the purple area indicates the Campus Industrial area; the pink area indicates the Campus Commercial area. The Campus Industrial parcels have almost all been developed or have development applications on file with the Town. Within the Campus Commercial area, there has been little development since it has been created. This specific issue of the lack of development in the Campus Commercial area was one of the topics of discussion during the 2006 Master Plan Update. It was also the basis for the creation of the Town’s Mixed Use Standards and subsequent Lakeside DFW mixed-use project approval in 2012. The definition of Campus Commercial is somewhat a misnomer; the text actually calls for campus office or large scale office complexes supported by limited retail. The current text of the Master Plan is as follows:

“The Lakeside Business District emphasizes high quality, regional commercial development enabling Flower Mound to effectively compete in the economic development arena and develop a balanced tax base which will lower the tax burden on homeowners.

Large scale commercial and/or light industrial developments such as corporate offices, office parks, industrial parks, clean manufacturing, hotels, resorts and similar uses, in a planned campus setting. Retail, restaurant, hotel and similar uses serving the commercial/industrial uses could be appropriate, if they are planned as integral elements of the developments. No residential land uses are included in this district.

Campus Commercial - Large scale developments such as corporate offices, office parks, hotels, resorts and similar uses, in planned campus settings. Retail and restaurant uses serving the campus commercial uses could be included, if they are planned as integral elements of the developments. Residential uses are appropriate only for a luxury condominium tower within a four-star hotel development to be located at 2900 Lakeside Parkway.”


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The approval of the Lakeside DFW project has caused an uptick in inquiries for development in this area; however, not all of them are in keeping with the stated vision within the Master Plan. The current development standards for the Lakeside Business District do not allow residential development of any kind within the District. Developers have claimed that the market for Campus Commercial is weak, and that residential is necessary for any meaningful office or retail development. Options Considered The discussion has been on how to encourage development of the Campus Commercial area while maintaining the vision of the District. Specifically, the comments received have focused on expanding the current definition to allow a mixture of uses to be approved in the area, including allowing some residential. Residents desire upscale dining and shopping opportunities that are not available in Flower Mound today, and it is believed that residents strongly prefer to be able to spend their shopping and dining dollars in Flower Mound than to travel to other communities, as they currently do. Alternative residential options that reflect changing lifestyles, including age-restricted housing, townhomes, brownstones, patio homes, etc., have also been discussed.

No Action – Land use designations would remain as in the Master Plan. Development would come either under current zoning, pursuant to a Master Plan and zoning amendment, or not at all. Mixture of Uses – Land use designations would be amended to allow a mixture of uses, including residential. Development applications would still need to follow the vision of the Lakeside Business District and continue to be of high quality and enduring development. Implementation – the definition of Campus Commercial would have to be amended to allow for the

mixture of uses to be considered. Policy statements giving greater detail on such items as location or types of residential can be included. Also, the Zoning Ordinance would need to be amended to allow for flexibility for the creation of a PD with a mixture of land use types.

Commercial Uses– Land use designations would need to be amended to allow commercial uses into the district ahead of corporate campus office uses. Development applications would still need to follow the vision of the Lakeside Business District and continue to be of high quality and enduring development. This option does not include residential uses. Implementation – the definition of Campus Commercial would have to be amended to allow for

commercial uses as a primary component.


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The Cross Timbers Conservation Development District was created with the 2001 Master Plan to recognize the unique ecological character of the area. Previous master plans for the Town indicated that the area should be developed at residential densities of one house per one acre and transitional areas of up to 3.3 units per acre. In 2007, the western portion of the Cross Timbers District (White’s Branch to US 377) was removed and re-planned as the Prairie Vista District based on the differences in the ecology of the two areas. The name of the District, containing the word “conservation” has led to some confusion that the Master Plan intent is to preserve the area by preventing development. However, the area can be developed with predominantly residential uses; a two acre minimum lot size, or “conservation development,” which allows for smaller lots with corresponding mandatory open space requirements. The use of conservation development has been encouraged, but the benefits or incentives are not such to entice development as envisioned in the Master Plan. In fact, since its inception in 2001, there have been only three residential subdivisions created in the District; Chimney Rock, Montalcino Estates, and most recently High Meadow. All of these subdivisions have been “conservation developments.” The build out of the eastern portion of Flower Mound and the widening of FM 1171 has increased the development pressure in this area. The current vision of the Cross Timbers District calls for two development options: 1) a minimum two acre residential lot; or 2) a conservation development, which requires a minimum one acre residential lot with 50 percent of the land maintained in a conservation easement. The current text of the Master Plan states:

“Preserve the integrity of…ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur.

Predominantly residential development...at net densities no greater than one unit per two acres in combination with conservation easements and/or other conservation techniques that preserve the Cross Timbers ecosystem and other natural systems. Commercial recreation uses, such as equestrian facilities, golf courses and other uses compatible with the conservation goals of the district are also suitable.”

The two development options currently listed in the Master Plan have been represented graphically below and are generally described as:

Option 1 Two-acre minimum total site development whereby all of the land is divided into residential

lots, with no open space


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Option 2 One-acre minimum conservation development Preferred development option under Master Plan and

SMARTGrowth Program

Added to the current options, two other development patterns are graphically represented below and are generally described as:

Option 3 Half-acre minimum conservation development Gross density is same as first two options

Option 4

Half-acre minimum conservation development Gross density increase to One unit per 1.6 acres (60

lots instead of 50)

The preferred option contained in the Master Plan is the conservation development illustrated in Option 2. As indicated, the Town’s SMARTGrowth program actually incentivizes this development type. The specific incentives listed include:

Permit fee waivers Reduced street infrastructure requirements Reduced park land dedication requirement Reduction of monetary assessments relative to

agricultural roll back taxes These incentives have not produced many developments within the Cross Timbers District. The comment from the development community and large land owners is that additional flexibility needs to be introduced into the Town’s current standards. Specifically, the ability to use smaller sized lots (Option 3) and a moderate increase in density (Option 4) are stated as reasonable amendments to the current standards. Other comments include amending the requirement that the open space be controlled by a third party land trust. This provision has been a barrier to new development and may not be the only way to adequately control the use of the open space. The use of some of the open space for active recreation has also been discussed. The land use within the district already allows for such uses as equestrian facilities and golf courses. Another discussion point affecting the Cross Timbers District is whether to allow sewer in the area. The minimum two acre requirement is partially due to the lack of sewer availability in the area. The discussion has been whether sewer could be used to allow smaller lots while not affecting increases in density. The provision of sewer would also be necessary to provide neighborhood commercial uses within the District which has been suggested. The Town’s sewer plant on the eastern side of town is estimated to have capacity to serve only 240 lots in the Cross Timbers. Therefore, any additional sewer would have to be sent to the TRA system that will serve the western portion of the Town.

Option 1

Option 2


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Options Considered The discussion with the Cross Timbers District has been how to meet the stated goal that actually prefers a cluster development pattern to preserve the ecological areas and scenic areas of the district. There have been several suggestions to amend the District to allow greater flexibility to create conservation developments. The specific comments are reflected in the options below. The comments received to date do not preclude the review of any of the ideas presented.

No Action – Land use designations would remain as in Master Plan. Development would proceed under either the full site development or conservation development patterns. Small Ag. Lots – Provide options for development of lots greater than two acres (small ag lots) for the raising of livestock animals. Implementation – this option is allowed under the Town’s

current regulations. It is believed that in order to encourage this pattern of development some type of incentives would need to be considered.

Mandating Clustering – Make the use of clustering mandatory. This option is very similar to the next option; Incentivizing Clustering. Implementation – the option to allow full site development within the District would be removed as

an option. Not all tracts would be suitable for cluster development due their size or other constraints (i.e. lack of ecological value). Considerations should be made to allow these tracks to develop outside the mandate.

Incentivizing Clustering – Although the Town has stated incentives for clustered developments, those items have been argued to be insufficient to actually encourage cluster developments. The proposal would be to have tools available to provide needed incentives by expanding those currently offered by the Town. One option would be to allow for a moderate increase in density for developments that could show that they are meeting the intent of the District. Another incentive could be to change the control of the open space and the use of open space including active recreation; those options are detailed below. Implementation – The Town standards including the

Master Plan, Zoning and other standards would be amended to provide additional tools to incentivize cluster developments.

Open Space Options – The discussion is to allow HOA’s or other entities, including the Town, to control the open space. Expanding the use within the open spaces to allow for active recreational areas has also been discussed. Concern has been raised as to the specific location of such recreational uses as it is apparent that such uses may negatively impact surrounding properties.

Option 3

Option 4


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Implementation – The option to allow other control of the open space would necessitate amending the Master Plan text and zoning regulations related to conservation developments. Similarly, the use of the open space for active recreation would require amending the Master Plan and zoning regulations. Based on the concern, an option may be to write additional policy standards for the location of active recreational areas to insure they are well sited.

Commercial Areas – Commercial development currently exists in the District; specifically at the corner of Shiloh Road and FM 1171. Discussion has centered on providing appropriate zoning for the existing development in the northwest corner of the intersection and providing for new commercial areas on the other corners of the intersection. In addition to this existing non-residential area, a new non-residential corner has been discussed at the intersection of Flower Mound Road and FM 1171. Additional commercial uses could only be approved by providing sewer to the properties; that option is discussed below. Implementation – The option would require amending the Land Use and Zoning maps to allow for

the commercial uses. Sewer Service – The Cross Timbers District currently is not planned for sewer. It is believed that sewer to the District could be provided to the west to connect to the TRA facilities. Implementation – The option would be to amend the Master Plan to allow for sewer extension in

the District. The discussion has been to put the burden on the design and funding on the development community, with review and approval by the Town.

Public Submitted Option – This option was submitted by Rob Paul on October 2nd.

"I would like some consideration given to establishing transition zones in the Cross Timbers where land use can evolve from the current built housing towards the two-acre uses. To have a hard line drawn where 8000 square foot lots are across the street from a required two-acre lot is too abrupt to look well planned. Moving in a logical pattern from smaller lots to medium density residential, half-acre lots, one-acre lots and then the two-acre lots will allow for a more planned feel and look as you move through the Town. Adding this question to the online survey and work session agenda would be a great way to learn how others feel about this technique. In the spirit of full disclosure I am an active Home Builder and twelve-year Flower Mound resident."


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Denton Creek District

The Denton Creek District is located between US 377 and IH 35 West on the far west edge of the Town. Within the Master Plan, this area is similar to the Lakeside Business District; envisioned to be one of the employment and tax generating centers for the Town. The Denton Creek District was created with the approval of the 2001 Master Plan, which was soon after this area was annexed into the Town. The Master Plan calls for this area to be a mixture of uses; though the area currently contains tracts that are sparsely developed. The initiation of construction of the Canyon Falls development has caused an increase in interest and a belief that the area should be studied to ensure that the Town adequately plans and captures appropriate development along the IH 35 West corridor. There currently is no development pressure in this area, therefore, this is a proactive approach to encourage and support new development that should be in this District vs. other locations on the IH 35 corridor. Options Considered The discussion regarding this area of the Master Plan is to give awareness of the area and potential for development. The vision of the current area plan does not need to be amended or changed.

No Action – Land use designations would remain as in Master Plan. Development would proceed under market conditions.

Proactive Action – The Master Plan would not require amendment, nor zoning on the property. This option would necessitate continued and heightened efforts to ensure positive economic development for the area.

Implementation – The option would be to continue to work to implement the stated vision of the

Master Plan by working with outside agencies (TxDOT, NCTCOG, etc.), landowners, and developers to bring forward the vision of the area plan.


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FM 2499 Commercial Corridor

This area is described as the FM 2499 commercial corridor stretching between FM 1171 and FM 407. It is described under the current Master Plan as a series of Specific Plan Areas (SPAs). These SPAs are companion documents as they all call for the area to be developed as quality neighborhood and village retail uses with professional office use and low-density residential uses. Specific care is to be taken to provide safeguards for adjacent developed residential subdivisions. The exact text of the Master Plan is:

“Specific Plans accommodate the need for quality neighborhood and village retail development, areas appropriate for professional office use, low-density residential land use and safeguards for adjacent developed residential subdivisions. The images of buildings, parking, circulation and open space are a conceptual diagram only. They are intended to provide an understanding of building relationships to each other and to the street, parking relationships, circulation points of entry and exit, and the role of public open space. The drawings illustrating each Specific Plan are not intended to be taken as literal designs, but as diagrams which illustrate the planning and design intent.”

This area has seen some development activity, especially south of College, north of Dixon and within The River Walk at Central Park (TRWCP) development (SPA 10). However, several large tracts remain undeveloped, most having adjacent, established residential neighborhoods. This area was also looked at during the 2006 Master Plan Update process. Options Considered The discussion regarding this area of the Master Plan was somewhat varied, but did focus on the need to protect the existing neighborhoods from new development. The neighborhoods along Rippy Road were well represented in the meetings and Facebook conversations. The vision of the current Master Plan for the area arguably does not need to be amended, but an awareness of development pressure should be acknowledged.

No Action – Land use designations would remain as in Master Plan. Development would proceed under market conditions.

Future Planning – This option is focused on two discussions that have impact on the area. The first would be to review existing SPAs to determine if they are an impediment to development, or have


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outlived their usefulness. In place of the SPAs a ‘corridor plan’ may be appropriate to give additional detail to the area while combining the separate planning areas that are somewhat subjective. The second option is to look at creating new standards for ‘infill’ development. This idea was discussed during the 2006 Master Plan Update and was actually one of the recommendations made to the Town Council. It was not acted upon because the majority of the identified areas at the time were subsequently developed under the existing standards. Implementation – The suggestion would be to defer working on this issue because there is not the

impending development pressure.

Public Submitted Option – This option was submitted by Todd Schreiber on October 2nd.

"As I mentioned, I've reviewed the videos of the recent MP Update meetings and until now, the discussion during this process regarding the Infill areas along the FM 2499 corridor has been limited to the areas north of Cross Timbers. I suggest that SPA 2 and area directly to the west of it between the Calloway's development on the south and Sagebrush Drive on the north, and FM 2499 on the east and Old Settlers on the west, also be included in this review."


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Attachment 1: Live Audience Polling and Online Survey Summary

On August 5, 2013, the Town Council approved a resolution to begin the review of the Town’s Master Plan, specifically the land use portion, through a community engagement process. The community engagement process is simply an effort to prompt and encourage individuals to be part of the process. The major difference in this process was to engage the public at the beginning of the process, not just at the end of the process. Town-wide community meetings were conducted on September 19 and 21 at the Flower Mound Public Library. Audience polling was used to guide discussion, as well as gauge participant knowledge and interest on a variety of topics related to the focus areas. The structure of the meetings included background information on master plans, in general, and their legal implications. A presentation on each focus area followed and included location, current land uses, development interest, summary of comments received, and a series of questions specific to the focus area. Three types of questions were asked at both meetings: demographic, background (i.e., the current vision for the districts), and level of interest questions, based on comments received from the public on Facebook, online, or via email. Following the community meetings, an online survey was created offering another opportunity for community feedback on the same questions. There were 66 surveys completed online, and not all of the respondents answered every question. For the September 19 meeting the average participation rate was 35, the highest was 45, and the median was 37. For the September 21 meeting the average participation rate was 30, the highest was 38, and the median was 29. The following report provides the results of the live audience polling and the online survey.


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Question: What is the Lakeside Business District’s Vision Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Office 26.7% 15.8% 23.1% Commercial (i.e. retail and restaurant)

13.3% 5.3% 18.5%

Mixed Uses 57.8% 78.9% 58.5% Residential 2.2% 0.0% 0.0% Number of Respondents 45 38 65 Question: What should the focus be in the Lakeside Business District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Office 18.6% 14.3% 17.2% Commercial (i.e. retail and restaurant)

25.6% 8.6% 17.2%

Mixed Uses 46.5% 74.3% 64.1% Residential 9.3% 2.9% 1.6% Number of Respondents 43 35 64 Question: How interested are you in allowing residential options in the Lakeside Business District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 46.7% 35.1% 24.6% Somewhat Interested 22.2% 32.4% 35.4% Not at all Interested 28.9% 21.6% 36.9% Don’t Know 2.2% 10.8% 3.1% Number of Respondents 45 37 65 Question: How interested are you in adding flexibility to the Campus Commercial definition to allow a mixture of uses? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 58.3% 41.2% 27.7% Somewhat Interested 10.4% 38.2% 43.1% Not at all Interested 29.2% 17.6% 23.1% Don’t Know 2.1% 2.9% 6.2% Number of Respondents 48 34 65


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Question: What is the vision for the Cross Timbers Conservation Development District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) A. No development 9.10% 3.0% 14.5% B. Residential development with preservation

48.50% 24.2% 32.3%

C. Total site development (2-acre minimum)

21.20% 18.2% 8.1%

D. Combination of B and C 21.20% 54.5% 45.2% Number of Respondents 33 33 62 Question: Which development option best meets the goals of the Cross Timbers Conservation Development District's vision? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Total site development (2-acre minimum)

15.2% 3.2% 39.3%

Conservation Development 84.8% 96.8% 60.7% Number of Respondents 33 31 61 Question: How interested are you in making Conservation Developments mandatory? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 48.8% 50.0% 41.9% Somewhat Interested 22.0% 21.4% 9.0% Not at all Interested 24.4% 17.9% 19.4% Don't Know 4.9% 10.7% 9.7% Number of Respondents 41 28 62 Question: How interested are you in incentivizing Conservation Developments? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 55.3% 50.0% 21.0% Somewhat Interested 18.4% 33.3% 43.5% Not at all Interested 26.3% 13.3% 24.2% Don't Know 0.0% 3.3% 11.3% Number of Respondents 38 30 62 Question: How interested are you in adding flexibility to the Cross Timbers Conservation Development District's definition? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 47.4% 35.7% 20.6% Somewhat Interested 26.3% 25.0% 47.6% Not at all Interested 26.3% 35.7% 23.8% Don't Know 0.0% 3.6% 7.9% Number of Respondents 38 28 63


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Question: With appropriate preservation in mind, how interested are you in having flexible densities within the Cross Timbers Conservation Development District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 36.1% 31.0% 22.6% Somewhat Interested 36.1% 27.6% 45.2% Not at all Interested 27.8% 34.5% 24.2% Don't Know 0.0% 6.9% 8.1% Number of Respondents 36 29 62 Question: How interested are you in allowing active recreation (Town Parks) as an allowable use within open space? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 52.8% 17.9% 53.1% Somewhat Interested 19.4% 39.3% 37.5% Not at all Interested 27.8% 39.3% 9.4% Don't Know 0.0% 3.6% 0.0% Number of Respondents 36 28 64 Question: How should commercial uses be addressed within the Cross Timbers Conservation Development District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 8.8% 7.4% 4.8% Somewhat Interested 11.8% 14.8% 19.0% Not at all Interested 76.5% 74.1% 58.7% Don't Know 2.9% 3.7% 17.5% Number of Respondents 34 27 63 Question: If determined feasible, how interested are you in allowing sewer to support the Cross Timbers Conservation Development District's vision? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 65.6% 23.1% 26.6% Somewhat Interested 9.4% 42.3% 39.1% Not at all Interested 25.0% 19.2% 21.9% Don't Know 0.0% 15.4% 12.5% Number of Respondents 32 26 64


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Question: What is the Denton Creek District's vision? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Offices 4.5% 0.0% 3.6% Commercial (i.e. retail and restaurant)

18.2% 0.0% 14.3%

Industrial 13.6% 0.0% 1.8% Mixed uses 63.6% 95.5% 62.5% Number of Respondents 22 22 56 Question: What should be the focus in the Denton Creek District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Offices 4.3% 0.0% 5.3% Commercial 4.3% 4.3% 7.0% Mixed uses 69.6% 82.6% 61.4% Residential 0.0% 0.0% 15.8% I-35 Commercial 21.7% 13.0% 10.5% Number of Respondents 23 23 57 Question: How interested are you in the Town evaluating incentives to spur development in the Denton Creek District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 28.0% 36.0% 17.5% Somewhat Interested 44.0% 20.0% 40.4% Not at all Interested 24.0% 40.0% 31.6% Don't Know 4.0% 4.0% 10.5% Number of Respondents 25 25 57


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FM 2499 Commercial Corridor between FM 1171 and FM 407

Question: What is the vision for the FM 2499 Commercial Corridor between FM 1171 and FM 407? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Retail 28.6% 4.2% 8.2% Office (professional and medical)

38.1% 20.8% 39.3%

Residential 0.0% 4.2% 1.6% Mixed uses 33.3% 70.8% 50.8% Number of Respondents 21 24 61 Question: What should the focus be for the FM 2499 corridor mentioned above? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) No change 39.3% 25.9% 43.3% Infill - Transitional uses 35.7% 63.0% 35.0% Retail 21.4% 11.1% 13.3% Office 3.6% 0.0% 8.3% Number of Respondents 28 27 60


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Demographic and General Questions

Question: How many Town meetings have you attended (include Council and Commission meetings)? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) 0 36.4% 27.0% 40.9% 1-5 11.4% 32.4% 42.4% 6-10 9.1% 5.4% 4.5% 11+ 43.2% 35.1% 12.1% Number of Respondents 44 37 66 Question: How many years have you lived in Flower Mound? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) 0-2 39.5% 8.1% 7.6% 3-5 9.3% 16.2% 12.1% 6-10 9.3% 27.0% 25.8% 11+ 41.9% 48.6% 54.5% Number of Respondents 43 37 66 Question: Which of the following best describes your age? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) 18-34 13.2% 6.3% 7.6% 35-54 52.6% 46.9% 57.6% 55+ 34.2% 46.9% 34.8% Number of Respondents 38 32 66 Question: How many people (including yourself) live in your household? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) One 0.0% 0.0% 7.6% Two 43.5% 21.7% 33.3% Three 34.8% 21.7% 27.3% Four 17.4% 34.8% 27.3% Five or more 4.3% 21.7% 4.5% Number of Respondents 23 23 66


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Specific Online Survey Questions

Question: Did you attend one of the community-wide meetings on the Master Plan at the Flower Mound public library on September 19 or 21? Answers Percent (Online) Yes 1.5% No 98.5% Number of Respondents 66 Question: If you attended one of the community-wide meetings on the Master Plan, did you participate in the live audience polling (i.e. did you provide your answers to the questions)? Answers Percent (Online) Yes 1.5% No 3.0% Did not attend 95.5% Number of Respondents 66 Question: If you DID NOT attend one of the community-wide meetings on the Master Plan, have you watched the meetings that are available online? Answers Percent (Online) Yes 40.9% No 59.1% Number of Respondents 66 Question: Have you visited the Town's informational website on the Our Master Plan project? Answers Percent (Online) Yes 83.3% No 16.7% Number of Respondents 66


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Attachment 5: Community Suggested Other Master Plan Topics

Topic: Town’s Open Space Plan Received: August 13, 2013 via email From: Tom Goss

Comment: I think the Open Space Plan portion of the Master Plan [MP] must be included in the review. I base this on the fact that open space issues are still the "hot button" in most of our development proposals. There are a lot of good ideas in the existing document that haven't been acted upon plus the public is anxious to have the open space discussion in Flower Mound. If we can fine tune that portion of the MP and get buy-in from the citizens that we are being proactive to protect our environment, it will go a long way toward satisfying people as development moves westward.

Potential Options:

1. No Action 2. Refer this topic to a board or commission for review

Topic: Tree Removal Received: August 27, 2013 From: Martha Dalton Littrell via Facebook messages

Comment: I would like a discussion of the destruction of so many beautiful trees just to build apartments, offices, etc. In the past we were a much more conservative city when it involved clear cutting land. What has changed?

Town Response: Thank you for the message and for engaging in this process. As we receive

feedback through Facebook messages and email, they will be posted on the project’s Facebook page, and identify the author of the suggestions/ideas. This is done in order to spark discussion, for transparency, and to keep the integrity of the process. The Town is committed to protecting trees. The Town has not changed ordinances to allow clear cutting; however, trees are removed as part of development and their loss is mitigated in most instances. Development is occurring in visible locations which raise awareness of development activity. Under the Town’s ordinances, not all trees must be preserved. Removal of certain trees requires Tree Removal Permits that go before both the Environmental Conservation Commission and the Town Council for approval. The Town has a strong tree preservation ordinance, and the Town’s SMARTGrowth Program requires environmental features, including trees, to be accounted for and considered when property is developed. The Town also has robust mitigation and landscaping requirements. Those requirements, along with preservation measures, are in place to protect, and replace trees lost to development.

Potential Options:



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Topic: Water Received: September 30, 2013 via Facebook From: Cassie Gibson

Comment: I'd like to add that we should consider the water resources and cost associated with maintaining a 1- or 2-acre lot in a residential community. Perhaps by allowing a creative approach where a cluster concept was used and the environmentally sensitive areas were conserved, irrigation costs and water resources could be used more responsibly. A smaller lot does not necessarily equal lesser quality, it might actually create a more interesting and appealing neighborhood in this area when coupled with the required open space.

Potential Options:


Topic: Water (Denton Creek District) Received: September 27, 2013 via Facebook From: Martha Dalton Littrell

Comment: Where will all the water come from that this new developing area come from? It seems like we should stop and think about that before planning for MORE building and MORE prople to use the existing water supply!

Town Response: The Town currently pays for a surplus of water. Part of any community’s master plan includes planning for adequate water supply, wastewater capacity, and roadways. The Town has a master water plan (link below) that accounts for demands based on the current land use plan, including the Denton Creek District. Flower Mound receives water from two sources, the Upper Trinity Regional Water District and Dallas Water Utilities. Currently the Town is contracted for a total water supply of 41 million gallons per day (MGD), and the Town is not using 10MGD. That 10 MGD was purchased to be delivered to the Western Pump Station located off of Stonecrest in the Denton Creek District. The Town expects the Western Pump Station to be under construction by the end of the year and built by early 2015. Based on current land use densities, it is estimated the Town will need an additional 17 MGD for build-out. The Town plans to take measures to lower that 17 MGD through conservation measures and reuse water (treated wastewater from the Town’s and the Trinity River Authority’s wastewater treatment plants) for irrigation. If, at build-out, the Town needs additional water supply, it will contract for the need at that time. View the Town’s water master plan here: http://www.flower-mound.com/index.aspx?nid=329

Potential Options:



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Topic: Soccer Complex Received: August 3, 2013 via Facebook From: Jim Hanking

Comment: Flower Mound needs at least one good soccer complex comparable to Railroad Park in Lewisville or one of the many in Plano.

Topic: Housing Stock Received: Various Dates via Facebook From: Various Participants

The discussion of housing stock varies on the desire to have housing in the $225k - $250k range to concern over the current number of multi-family units (apartments) planned under the Town’s current master plan. The discussion occurs in the Facebook “Posts by Others” found in Attachment 3.

Topic: Lakeside Business District Shuttle Received: Various Dates via Facebook From: Various Participants

Mark Glover: Gas prices and traffic congestion are changing lifestyle preferences. Younger generations and Baby-Boomers alike prefer complete developments that offer live, work and play amenities. Large corporations recognize this trend, and are selecting office locations where employees can avoid long car commutes. Availability of a transit system is also on the checklist of corporations when selecting office locations. Flower Mounds southern border will be approximately three miles from the DFW Airport TEXrail Station scheduled to open in 2016. http://www.texrail.com/. The previous Master Plan considered a loop around the Lakeside Business District where commercial developments like Lakeside DFW and Southgate At Flower Mound could move employees to and from the transit stations at DFW. This would be an asset to bringing corporate office users to Flower and lower traffic in the business district. This transit loop should be considered with this Master Plan revision. It would also be an amenity for citizens that want to ride the rail to Maverick games, The State Fair, and other events in the Metroplex. TEX Rail | Home www.texrail.com

Tom Goss: Good idea Mark. I would suggest also extending the loop thru Lakeside DFW Mark Glover: Tom, I recommend running it throughout the Lakeside Business District. There was a loop exhibit in the previous Master Plan Review, but it did not make that Master Plan Update. I have a PDF copy of it, but not sure how to post here. Kendra Stephenson: Mark, I'd love to see that. Not sure how to post it though. Our Master Plan: Strengthening the Vision: Tom Goss, Mark Glover, and Kendra Stephenson - Thank you for the comments. Information on the 2009 Master Transportation Plan is posted online at the link below. The loop though the Lakeside Business District is in the staff presentation. Paul Stone has also commented on this and we would like to hear more. http://www.flower-mound.com/index.aspx?NID=1200


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Kendra Stephenson: Thanks for posting the presentation. It is certainly worth looking at this. It should be a potential benefit for major businesses that are looking a relocating to FM. Easy airport access might help overcome the advantage Grapevine has built with the hotels and shopping adjacent to the airport. I've also heard of a few FM residents that utilize the Carrolton DART station for part of their downtown commute.

Potential Options:


Topic: Parker Square Received: Various Dates via Facebook From: Various Participants

Tom Goss: Anyone have any ideas to put life back into Parker Square. Getting NCTC to locate a campus there was an excellent idea. What else can be done? Especially on the east side where a lot a vacant lands and parking exists. Would it be suitable for some smaller zero lot line residential?

Kendra Stephenson:One thing that is tough about Parker Square is the lack of night time traffic that could be helped by some type of residential component. Flower Mound has long been hesitant to implement residential that could fit into Parker Square. The type of residential that could fit into Parker Square is exactly the type of residential we need to address young professionals, empty nesters, seniors and the growing trend for residential that does not include large yards and a desire for walkability. Mark Glover:Parker Square was fundamentally flawed from inception. It is not in a good location, does not have adequate foot traffic with disposable income, and does not have anchor users to draw in destination traffic. Not easy problems to fix. The location part can never be fixed. NCTC has helped, but brings problems too with all the parking requirements of students, who really don't spend a lot of money at Parker Square. This is not a real campus for NCTC, and NCTC has about maxed out in the only building they have at Parker Square. The Parker Square buildings are not well suited or cost effective to retrofit to the needs of today's college classroom and NCTC needs a real campus, like every other successful Community College District has (Collin, Tarrant, Dallas, etc). The new private high school may have some positive impact, but is just getting started in the building they purchased. They could possibly expand to another building in time. I agree that building dense residential (multifamily or town homes) may help, but I'm not sure there is enough land to build the quantity of residential traffic needed to support Parker Square. The problems with Parker Square are significant and more than the Town of Flower Mound can be expected to address with taxpayer money. The market may have to sort this one out and determine what Parker Square will ultimately be.


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There are lessons to be learned for the Master Plan Revisions from Parker Square. These type of projects need to be in high traffic locations, have residential components to provide foot traffic, and have anchor tenants to draw in traffic with disposable income.

Potential Options:



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10/10/13 1

Live Audience Polling and Online Survey Summary

On August 5, 2013, the Town Council approved a resolution to begin the review of the Town’s Master Plan, specifically the land use portion, through a community engagement process. The community engagement process is simply an effort to prompt and encourage individuals to be part of the process. The major difference in this process was to engage the public at the beginning of the process, not just at the end of the process. Town-wide community meetings were conducted on September 19 and 21 at the Flower Mound Public Library. Audience polling was used to guide discussion, as well as gauge participant knowledge and interest on a variety of topics related to the focus areas. The structure of the meetings included background information on master plans, in general, and their legal implications. A presentation on each focus area followed and included location, current land uses, development interest, summary of comments received, and a series of questions specific to the focus area. Three types of questions were asked at both meetings: demographic, background (i.e., the current vision for the districts), and level of interest questions, based on comments received from the public on Facebook, online, or via email. Following the community meetings, an online survey was created offering another opportunity for community feedback on the same questions. There were 66 surveys completed online, and not all of the respondents answered every question. For the September 19 meeting the average participation rate was 35, the highest was 45, and the median was 37. For the September 21 meeting the average participation rate was 30, the highest was 38, and the median was 29. The following report provides the results of the live audience polling and the online survey.

Attachment 4: Live Polling and Online Survey SummaryAttachment 1: Planning and Zoning Commission Staff Report

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10/10/13 2


Question: What is the Lakeside Business District’s Vision Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Office 26.7% 15.8% 23.1% Commercial (i.e. retail and restaurant)

13.3% 5.3% 18.5%

Mixed Uses 57.8% 78.9% 58.5% Residential 2.2% 0.0% 0.0% Number of Respondents 45 38 65 Question: What should the focus be in the Lakeside Business District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Office 18.6% 14.3% 17.2% Commercial (i.e. retail and restaurant)

25.6% 8.6% 17.2%

Mixed Uses 46.5% 74.3% 64.1% Residential 9.3% 2.9% 1.6% Number of Respondents 43 35 64 Question: How interested are you in allowing residential options in the Lakeside Business District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 46.7% 35.1% 24.6% Somewhat Interested 22.2% 32.4% 35.4% Not at all Interested 28.9% 21.6% 36.9% Don’t Know 2.2% 10.8% 3.1% Number of Respondents 45 37 65 Question: How interested are you in adding flexibility to the Campus Commercial definition to allow a mixture of uses? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 58.3% 41.2% 27.7% Somewhat Interested 10.4% 38.2% 43.1% Not at all Interested 29.2% 17.6% 23.1% Don’t Know 2.1% 2.9% 6.2% Number of Respondents 48 34 65


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10/10/13 3


Question: What is the vision for the Cross Timbers Conservation Development District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) A. No development 9.10% 3.0% 14.5% B. Residential development with preservation

48.50% 24.2% 32.3%

C. Total site development (2-acre minimum)

21.20% 18.2% 8.1%

D. Combination of B and C 21.20% 54.5% 45.2% Number of Respondents 33 33 62 Question: Which development option best meets the goals of the Cross Timbers Conservation Development District's vision? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Total site development (2-acre minimum)

15.2% 3.2% 39.3%

Conservation Development 84.8% 96.8% 60.7% Number of Respondents 33 31 61 Question: How interested are you in making Conservation Developments mandatory? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 48.8% 50.0% 41.9% Somewhat Interested 22.0% 21.4% 9.0% Not at all Interested 24.4% 17.9% 19.4% Don't Know 4.9% 10.7% 9.7% Number of Respondents 41 28 62 Question: How interested are you in incentivizing Conservation Developments? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 55.3% 50.0% 21.0% Somewhat Interested 18.4% 33.3% 43.5% Not at all Interested 26.3% 13.3% 24.2% Don't Know 0.0% 3.3% 11.3% Number of Respondents 38 30 62 Question: How interested are you in adding flexibility to the Cross Timbers Conservation Development District's definition? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 47.4% 35.7% 20.6% Somewhat Interested 26.3% 25.0% 47.6% Not at all Interested 26.3% 35.7% 23.8% Don't Know 0.0% 3.6% 7.9% Number of Respondents 38 28 63


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10/10/13 4

Question: With appropriate preservation in mind, how interested are you in having flexible densities within the Cross Timbers Conservation Development District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 36.1% 31.0% 22.6% Somewhat Interested 36.1% 27.6% 45.2% Not at all Interested 27.8% 34.5% 24.2% Don't Know 0.0% 6.9% 8.1% Number of Respondents 36 29 62 Question: How interested are you in allowing active recreation (Town Parks) as an allowable use within open space? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 52.8% 17.9% 53.1% Somewhat Interested 19.4% 39.3% 37.5% Not at all Interested 27.8% 39.3% 9.4% Don't Know 0.0% 3.6% 0.0% Number of Respondents 36 28 64 Question: How should commercial uses be addressed within the Cross Timbers Conservation Development District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 8.8% 7.4% 4.8% Somewhat Interested 11.8% 14.8% 19.0% Not at all Interested 76.5% 74.1% 58.7% Don't Know 2.9% 3.7% 17.5% Number of Respondents 34 27 63 Question: If determined feasible, how interested are you in allowing sewer to support the Cross Timbers Conservation Development District's vision? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 65.6% 23.1% 26.6% Somewhat Interested 9.4% 42.3% 39.1% Not at all Interested 25.0% 19.2% 21.9% Don't Know 0.0% 15.4% 12.5% Number of Respondents 32 26 64


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10/10/13 5


Question: What is the Denton Creek District's vision? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Offices 4.5% 0.0% 3.6% Commercial (i.e. retail and restaurant)

18.2% 0.0% 14.3%

Industrial 13.6% 0.0% 1.8% Mixed uses 63.6% 95.5% 62.5% Number of Respondents 22 22 56 Question: What should be the focus in the Denton Creek District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Corporate Offices 4.3% 0.0% 5.3% Commercial 4.3% 4.3% 7.0% Mixed uses 69.6% 82.6% 61.4% Residential 0.0% 0.0% 15.8% I-35 Commercial 21.7% 13.0% 10.5% Number of Respondents 23 23 57 Question: How interested are you in the Town evaluating incentives to spur development in the Denton Creek District? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Very Interested 28.0% 36.0% 17.5% Somewhat Interested 44.0% 20.0% 40.4% Not at all Interested 24.0% 40.0% 31.6% Don't Know 4.0% 4.0% 10.5% Number of Respondents 25 25 57


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10/10/13 6

FM 2499 Commercial Corridor between FM 1171 and FM 407

Question: What is the vision for the FM 2499 Commercial Corridor between FM 1171 and FM 407? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) Retail 28.6% 4.2% 8.2% Office (professional and medical)

38.1% 20.8% 39.3%

Residential 0.0% 4.2% 1.6% Mixed uses 33.3% 70.8% 50.8% Number of Respondents 21 24 61 Question: What should the focus be for the FM 2499 corridor mentioned above? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) No change 39.3% 25.9% 43.3% Infill - Transitional uses 35.7% 63.0% 35.0% Retail 21.4% 11.1% 13.3% Office 3.6% 0.0% 8.3% Number of Respondents 28 27 60


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10/10/13 7

Demographic and General Questions

Question: How many Town meetings have you attended (include Council and Commission meetings)? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) 0 36.4% 27.0% 40.9% 1-5 11.4% 32.4% 42.4% 6-10 9.1% 5.4% 4.5% 11+ 43.2% 35.1% 12.1% Number of Respondents 44 37 66 Question: How many years have you lived in Flower Mound? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) 0-2 39.5% 8.1% 7.6% 3-5 9.3% 16.2% 12.1% 6-10 9.3% 27.0% 25.8% 11+ 41.9% 48.6% 54.5% Number of Respondents 43 37 66 Question: Which of the following best describes your age? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) 18-34 13.2% 6.3% 7.6% 35-54 52.6% 46.9% 57.6% 55+ 34.2% 46.9% 34.8% Number of Respondents 38 32 66 Question: How many people (including yourself) live in your household? Answers Percent (Sept 19) Percent (Sept 21) Percent (Online) One 0.0% 0.0% 7.6% Two 43.5% 21.7% 33.3% Three 34.8% 21.7% 27.3% Four 17.4% 34.8% 27.3% Five or more 4.3% 21.7% 4.5% Number of Respondents 23 23 66


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10/10/13 8

Specific Online Survey Questions

Question: Did you attend one of the community-wide meetings on the Master Plan at the Flower Mound public library on September 19 or 21? Answers Percent (Online) Yes 1.5% No 98.5% Number of Respondents 66 Question: If you attended one of the community-wide meetings on the Master Plan, did you participate in the live audience polling (i.e. did you provide your answers to the questions)? Answers Percent (Online) Yes 1.5% No 3.0% Did not attend 95.5% Number of Respondents 66 Question: If you DID NOT attend one of the community-wide meetings on the Master Plan, have you watched the meetings that are available online? Answers Percent (Online) Yes 40.9% No 59.1% Number of Respondents 66 Question: Have you visited the Town's informational website on the Our Master Plan project? Answers Percent (Online) Yes 83.3% No 16.7% Number of Respondents 66


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OUR MASTER PLAN: STRENGTHENING THE VISION

Ref. Topic Date Name Post Comments Town’s Response 1. Purpose of Facebook

Page 8/5/13 Town OUR MASTER PLAN: STRENGTHENING THE VISION

The Town of Flower Mound, TX started the process of reviewing the Land Use Portion of the Master Plan. This page will keep residents informed of important dates, information, and meetings. Social Media Terms: http://www.flower-mound.com/index.aspx?NID=97

2. Webpage 8/6/13 Town Have you visited the Our Master Plan: Strengthening the Vision website yet? Any initial thoughts or questions? http://www.flower-mound.com/ourmasterplan

3. Vision 8/7/13 Town Did you know the vision of Flower Mound is to preserve our unique country atmosphere, heritage, and quality of life while cultivating

a dynamic economic environment and was established in 1997? The Master Plan furthers the established community-based vision to: (1) Preserve the country atmosphere and natural environment that makes Flower Mound a unique and desirable community; (2) Mitigate the ill effects of rapid and intense urbanization; (3) Create a balanced tax base to ensure the Town’s long term-economic health and prosperity; and (4) Ensure all development is of enduring and exemplary quality and design. This process will examine how to best implement the vision in four planning areas. Remember to check our webpage, www.flower-mound.com/ourmasterplan for updates. More information on the four planning areas is coming soon. http://www.flower-ound.com/index.aspx?NID=1174

4. Vision 8/8/13 Town Today, Town staff added the FAQ section of the "Our Master Plan: Strengthening the Vision" webpage. Additional questions and

answers will be posted throughout the process. Do you have Master Plan-related question you'd like to see on this page? http://www.flower-mound.com/index.aspx?nid=1176

5. Process 8/9/13 Town Part of engaging Flower Mound residents during the land use Master Plan review will involve community meetings. Although dates

and venues have not been determined at this time, we do know we will conduct audience polling during these meetings, through smart devices/cell phones (standard text message rates will apply), to measure opinions on a variety of issues. For those who do not have the ability to participate in the live audience polling, there will be an online survey available after the community-wide meetings. Don’t want to take a survey? There will be other ways to share your great ideas. [Community Engagement Process Photo]

6. Process 8/21/13 Kathryn Kelley

Careful. Community meetings should be well communicated that data and feedback are not finalized at this point in the process. When at the options phase who will be doing the voting? TC or Voting at polls. I think it would be helpful to establish rules for engagement of conversations.

7. Process 8/22/13 Town Thank you so much for your feedback. The process map above is simplified, and more detail on the steps can be found at the link below (ground rules for Facebook are at the bottom of the page, and the Goals, Roles and Responsibilities, and Steps are linked on the left side of the page). As this process progresses more detail on the steps will be added. In short, during the options phase illustrated above, the Town staff will propose ideas back to the community based on feedback through the various communication channels (Facebook, community meetings, email, phone, online survey, etc.) The community will have the opportunity to provide more feedback on those ideas via the same channels. All of that will be presented to the Town Council and Planning and Zoning Commission during a joint work session. No action will be taken at the joint work session, but we hope to get feedback and direction.

Attachment 5: Facebook posts, comments and responses from August 5 through November 5, 2013Attachment 1: Planning and Zoning Commission Staff Report

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Ref. Topic Date Name Post Comments Town’s Response

The formal process to consider any amendment to the Town’s Master Plan or other regulations must be followed in accordance with State statues, and Town ordinances. That formal process will involve public hearings in front of appropriate Town boards and the Town Council. The Town recognizes this process can take us many places, and we plan to stay flexible to accommodate the many turns. http://www.flower-mound.com/index.aspx?NID=1178

8. Four Focus Areas 8/14/13 Town Good news - today, the Town posted information, historical background, documents, and discussions about the four focus areas of the

land use Master Plan review! Let us know if you have any additional questions about these areas. We'd love to hear from you! http://www.flower-mound.com/index.aspx?NID=1188

9. Denton Creek District 8/16/13 Town Here are our first questions. Roads are being constructed as part of the Canyon Falls development along with water and sewer lines in

the Denton Creek District (DCD). Once these public infrastructure pieces are completed, the Town expects development interests to grow rapidly. Q1: Is the vision for the DCD what you expected? Check the vision here - http://www.flower-mound.com/index.aspx?nid=1193 Q2: How should the Town prioritize goals for the DCD? 1. Jobs; 2. Tax Base; 3. Interstate 35 presence; 4. Regional commercial uses? We want to hear from you on this and have developed a few ground rules to guide discussion. Check out the ground rules at the link: http://www.flower-mound.com/index.aspx?nid=1178

10. Denton Creek District 8/16/13 Tom Goss #2 Tax Base. I'd forget about any goal related to jobs. These residents will be employed at the greater Alliance Airport complex and Ross Perot, Jr. has that employment situation well in hand. I suggest concentrating on getting the Canyon Falls/I-35 interchange built and functioning so commercial development (ie commercial tax base) can benefit Flower Mound.

11. Denton Creek District 8/20/13 Kendra Stephenson

Making sure we maximize the value in the I35 presence should be the first priority. The development of Canyon Falls including the county municipal building and other residential subdivisions in the area provide an opportunity to establish a retail presence that could serve this area.


I believe the vision of this are is appropriate.

13. Denton Creek District 8/22/13 Town It sounds like the Town should focus on creating or capturing activity at the I-35 intersection. The Denton Creek Master Plan shows a multitude of uses at 1-35, so the plan is flexible enough to capture that value. The Town would need to examine this opportunity further to see if any elements of the Denton Creek Plan need to be updated. Overall, Denton Creek will be a long-term focus, and laying the groundwork to capture that activity will be a multi-year process. Any suggestions on how the Town can proactively pursue creating or capturing the activity?


Maybe with basic services that can be successful with the traffic counts that are in the area now. Gas and basic grocery items? I know this isn't very exciting but retail like this could be the start of a retail footprint in the area.

15. Denton Creek District 8/27/13 Martha Dalton Littrell

Where will all the water come from that this new developing area come from? It seems like we should stop and think about that before planning for MORE building and MORE prople to use the existing water supply!

16. Denton Creek District 8/28/13 Town The Town currently pays for a surplus of water. Part of any community’s master plan includes planning for adequate water supply, wastewater capacity, and roadways. The Town has a master


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water plan (link below) that accounts for demands based on the current land use plan, including the Denton Creek District. Flower Mound receives water from two sources, the Upper Trinity Regional Water District and Dallas Water Utilities. Currently the Town is contracted for a total water supply of 41 million gallons per day (MGD), and the Town is not using 10MGD. That 10 MGD was purchased to be delivered to the Western Pump Station located off of Stonecrest in the Denton Creek District. The Town expects the Western Pump Station to be under construction by the end of the year and built by early 2015. Based on current land use densities, it is estimated the Town will need an additional 17 MGD for build-out. The Town plans to take measures to lower that 17 MGD through conservation measures and reuse water (treated wastewater from the Town’s and the Trinity River Authority’s wastewater treatment plants) for irrigation. If, at build-out, the Town needs additional water supply, it will contract for the need at that time. View the Town’s water master plan here: http://www.flower-mound.com/index.aspx?nid=329

17. Denton Creek District 9/3/13 Mark Glover

I 35W offers a rare opportunity for growth. Tax Base and commercial development are the best uses and opportunities. Office uses need to supported by sufficient residential and retail to be sustainable.

18. Process 8/21/13 Town SAVE THE DATES: The dates for the Town-wide community meetings have been selected. Please follow the link below to RSVP to

your preferred date (September 19 at 7 p.m., or September 21 at 10 a.m.). Attendance at both meetings is not requi...red; although you are welcome to attend both if you can. The venue has not been chosen and is dependent upon the number of RSVPs received. It is important that you RSVP through the link below so we can secure the appropriate venue. We also created a downloadable flyer to share with others who are interested in engaging in this process. The flyer is located at http://www.flower-mound.com/DocumentCenter/View/5620.

19. Process 8/22/13 Town Thank you to everyone who liked our page and is spreading the word to join the discussion. We have received a few suggestions via

email ([email protected]). As we receive feedback through email, it will be posted online and Facebook, and identify the authors of the suggestions/ideas. This is done in order to spark discussion, for transparency, and to keep the integrity of the process. We will have that information posted soon.

20. Trees 8/24/13 Martha Dalton Littrell

[Facebook Message] “I would like a discussion of the destruction of so many beautiful trees just to build apartments, offices, etc. In the past we were a much more conservative city when it involved clear cutting land. What has changed?”

21. Trees 8/28/13 Town Thank you for the private Facebook message and for engaging in this process. As we receive feedback through Facebook messages and email, they will be posted on the project’s Facebook page, and identify the author of the suggestions/ideas. This is done in order to spark discussion, for transparency, and to keep the integrity of the process.

The message was “I would like a ...discussion of the destruction of so many beautiful trees just to build apartments, offices, etc. In the past we were a much more conservative city when it involved clear cutting land. What has changed?” The Town has not changed ordinances to allow clear cutting; however, trees are removed as part of development and their loss is mitigated in most instances. Development is occurring in visible locations which raise awareness of development activity. Under the Town’s ordinances, not all trees must be preserved. Removal of certain trees requires Tree Removal Permits that go before both the Environmental Conservation Commission and the Town Council for approval. The Town has a strong tree preservation ordinance, and the Town’s SMARTGrowth Program requires


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environmental features, including trees, to be accounted for and considered when property is developed. The Town also has robust mitigation and landscaping requirements. Those requirements, along with preservation measures, are in place to protect, and replace trees lost to development.

22. Trees / River Walk 8/29/13 Mark Glover

Balancing trees and progress is a difficult issue and I have watched Flower Mound try to balance the two for decades. I have been here pretty much all my life and watched the trees fall for most of the neighborhoods in Flower Mound. Now I see a lot of the folks in these very neighborhoods wanting to stop any more trees from being removed (or stop more people or businesses from coming to Flower Mound). Totally stopping progress, closing the gate, and pulling up the ladder is not a reasonable position. It is sure not neighborly or what our founding fathers intended for Flower Mound. It does hurt to see land clear cut. I have always been an advocate of sustainable and responsible development, and trying to work around trees and natural elements. But you can't live a few miles north of one of the world’s busiest airports, in a great economy, and expect nothing to develop. Trees are also a renewable resource and good healthy trees can be replanted, when they have to be taken down for a building or parking area. I believe the Town does about all it can legally do in most parts of town. You can't outlaw taking trees out without violating the constitutional rights of property owners. People that have invested in and paid taxes on property have the right to develop it. I learned a lot of this from my father-in-law who was the first mayor, a tree farmer, and a man of the dirt. He planted a lot of the trees around town that people are worried about losing now. The Town may be able to offer incentives (carrots) for saving trees, in addition to regulations (sticks) against clear cutting trees. These could be in the form of accelerated reviews, fee waivers, requirement waivers, etc for developers that go above and beyond in developing land in a sustainable manner. Some of better developers in Flower Mound really go above and beyond to save and work around trees. The Riverwalk developers are making great attempts to save trees and are keeping many trees they have to take down in a temporary tree farm to be replanted on site at the end of development. Southgate At Flower Mound (which I am involved with) is also planning a temporary tree farm, planning around many specimen trees, saving pecan groves, and minimizing the disturbance of cuts and fills around trees wherever possible. Southgate is also looking at the higher level Texas Smartscape plantings and practices, utilizing drought resistant plants, low water landscapes, and native plantings. Personally, I believe developments in Flower Mound should look like Texas, instead of emulating a landscape in California or Florida. Southgate is also looking at formalizing its sustainable commitment, through one of the nationally recognized certifications. Developing responsibly costs more up front and takes an investment in time, education, and planning. It pays big dividends over time with a better development, cost savings in maintenance, and cost savings in water usage. These elements are important to a growing number of us. If the Town would recognize and reward these efforts, maybe more developers would invest in developing more responsibly.

23. Lakeside Business

District 8/24/13 Town Thank you for the discussion about the Denton Creek District, and for the posts on transportation in the Lakeside Business District, and

residential housing types. In addition to hearing more thoughts on these subjects, how would you prioritize the land use goals in the Lakeside Business District? For more information on the Lakeside Business District, please visit http://www.flower-mound.com/index.aspx?nid=1195.

24. Lakeside Business District

8/24/13 Tom Goss [This comment was copied from Tom Goss email and posted to Facebook by Town] We received some feedback from Tom Goss who suggested: “Specifically, I think we need to change the land use on the south side of FM 2499 to High Density Residential. This will continue the apartment trend originating in Grapevine and allow for upscale units or townhouses overlooking the Grapevine Golf Course. It would also


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supplement the residential components of Lakeside DFW. As far as the density opponents go, this area is so far south of the main area of FM that it should not be a problem. For the north side, I'd suggest Commercial with C-2 zoning for about 1/4 of the land area bordering FM 2499. That would allow commercial development to support the High Density housing and for service businesses to take advantage of the huge traffic counts on FM 2499. I don't think it is realistic any longer to hope for Campus Commercial to fill the space.”


8/27/13 Kendra Stephenson

A good piece of information to have to help with the decision process here might be an estimate of the total square footage of office/commercial space that could be built under the current zoning in Lakeside and estiamtes of the approximate time to absorb the space would be. Asking professionals from the commercial real estate community, would be valuable. Any estimates would of course just be educated guesses. However, it might be helpful to have a conversation about how long the build out with the current zoning could potentially take. We've already been waiting 20+ years. Realistically will we be waiting another 20 - 30 years or can we ever reach build out under the current zoning and master plan? Strategically including residential areas of Lakeside might be a valuable tool to increasing the rate of absorbtion or build out of the area. We know the trend in office is to have spaces available where employees can live in very close proximity to their place of employment. The golf course views we have at the southern end of Lakeside would seem to be a good place to explore. Are there other areas in Lakeside that have a scenic view that could be capitalized on? Before changes are made to include more residential, the impact on infrastructure should be assessed so the Town can be ready.


8/28/13 Town Thanks for the suggestions. The estimates you mention sound like a market study, and they would be beneficial; however, the Town does not have those available. It is something the Town could consider conducting. The Town encourages our local commercial real estate professionals to chime in on this subject. In fact, Mark Glover has posted some interesting information from reports and news media regarding office development which reflects the trend you mention. The Town routinely hears that the Lakeside Business District offers some of the best views in the metroplex, specifically properties adjacent to Grapevine Lake. As with any changes in land use, the Town evaluates impacts to ensure there is adequate capacity for water, wastewater, and roadways. The fact that the campus commercial area of the Lakeside Business District has not developed cannot be ignored which I think speaks to your points about waiting. The Town’s Master Plan demands quality development regardless of market conditions. Do you think there has been a cost due to the lack of development in the Lakeside Business District over the past 20 years (i.e. failure to capture tax base)? Given the Town’s standards demand quality development (aesthetics, enduring design, etc.), and if infrastructure is not an issue, what strategies would you recommend to balance residential with office and commercial development desired by the community, that furthers the Lakeside Business District’s goal for economic development?



I wasn't advocating for a huge market study. I was hoping that some rough estimates would be available like we had when Lakeside DFW came through. They knew that with the previous zoning they could have built 6 million sq ft. of office. Those kind of numbers help people understand the challenge reaching build out will be. Balancing the residential should start with reviewing the current master plan and looking to see if we have good transition zones in


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place currently. Going back to Lakeside DFW, the previous zoning would have allowed 40 story office buildings up against the existing neighborhoods, something most people in those neighborhoods would not have wanted. Do we have other areas like that? If so those areas may be a place to start building good residential transition areas. I'm curious what the landowners have to say. If they haven't weighed in aren't they indicating that they are happy with the zoning they have currently? If they're happy with the current zoning, is this an indication that the landowners perceive that the highest and best use for their land is the current zoning?


9/3/13 Mark Glover

Southgate at Flower Mound has engaged consultants to do market studies of the Lakeside Business District. This information will not be complete until October or after. Research of successful projects across the DFW Metroplex and other parts of the country do show clear trends.

Campus commercial (corporate office by itself) has not been built in the DFW Metroplex, or anywhere in America, over the last couple of decades. Yet, this is the current Master Plan designation for much of the Lakeside Business District in Flower Mound. Lakeside is destined to become primarily an industrial district under the current Master Plan restrictions. Much of the Lakeside district in Flower Mound is vacant land now, even though it sits less than ten minutes from one of the world's busiest airports and is in high demand by office users who want to be close to the airport. What has developed in Lakeside is large warehouse buildings. Warehouses are in demand, easier to build, and fill up almost overnight with products.

Office buildings are difficult to develop, more expensive, fill up slower, and slower to return a profit. Successful Class A Office Developments being built today require a complete live, work and play campus with retail, restaurants and residential components. These components have synergistic links that work together to attract office users. The current Flower Mound Master Plan does not allow the residential component and the foot traffic required for office, retail, and restaurant users to be successful. "Employers care about where their employees will shop, eat, and live. Office tenants can be enticed by retail and restaurant offerings and residential opportunities", according to Shifting Suburbs, Urban Land Institute.

“..companies want to set up shop in an interactive, dense environment with a variety of apartments, retail and restaurants to support the employment base”, according to Jim Manskey. Why there’s a growing number of DFW Corporate Campuses, Dallas Business Journal. Attracting and retaining a quality workforce is the biggest issue going forward for major corporations in the DFW economy. And the workforce is highly elastic when it comes to wages and travel time to work. Workers in a good job market will change jobs for ten percent more in pay, or ten percent less in travel time. Younger generations of workers avoid long drive times, high gas prices and traffic congestion. "Generation Y resists working in isolated office-park campuses, which require a car for the commute", according to 2013 Emerging Trends in Real Estate, Urban Land Institute. Employers recognize this trend and locate where their employees can live, work, and play in close proximity. Good paying jobs and office growth in Lakeside will not occur without the synergy of retail, restaurant, and residential options for employees. Texas grew about 320,000 jobs in the last year. DFW is expected to grow by about 100,000 in the next few years, equating to a demand of about 18 million square foot of new office space. Flower Mound is poised to attract its fair share of corporate office tenants, if employees have live, work and play amenities. Without the critical "live" component, Flower Mound may miss the boat again for quality office development and end up with a warehouse district in Lakeside.


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Flower Mound also has current need for balanced residential options. Much of our current employment base cannot live in Flower Mound and this affects our ability to retain quality employees and good citizens. Many of our critical employees like nurses, city workers, fireman, policeman, and service sector employees cannot afford to live in Flower Mound. Our grown children and people that want to downsize have to move out of Flower Mound after decades of living here as well. All of this is due to the lack of residential options. Existing homes coming on the market sell in days and new residential options coming on line start at $350k plus. This is more than many of these individuals and families can or will pay. Not everyone is a buyer either, and some need to rent. The Lakeside Business District is the best location to rectify this shortfall and achieve some balanced residential options for Flower Mound.


9/5/13 Sam Swanson

These comments are right on! In order to attract the office users the Town of Flower Mound would like to see, there needs to be an active LIVE WORK and PLAY environment for their employees. The competition for the young and experienced workforce is very stiff and corporate leadership understands that to compete for these people they NEED to be located in a 24-7 mixed use development. The key for Flower Mound to being on the radar with the corporate community is for the Town to build on what has been started in Lakeside. The retail and residential developments currently under construction is certainly a good start and Town Council and Staff should be commended for getting this moving forward. This process to entertain other ideas to create something special at Lakeside will go a long way to insure its success. The more vibrancy Lakeside has with various residential and retail/restaurant options, the better chance it has in landing corporate office users and hotels...then the Town will truly have a LIVE WORK PLAY mixed use development!


9/13/13 Randall Curington

I think the Town is correct to re-evaluate the current zoning restrictions in the Lakeside area along FM 2499, The current Campus Commercial zoning has proven to be an outdated zoning category, and there are several examples here in the Dallas-Ft.Worth that are great examples of this. Legacy Business Park – It had stagnated through the 1990's with no new office development and those offices that were there sat on large underutilized sites, leaving the tax base woefully short. When the decision was made between City and developer to go beyond the work only environment, the results have been nothing short of phenomenal. Today in Legacy Park you can truly “live, work and play”; with a property and sales tax base that would have never been realized under the original campus commercial zoning. Las Colinas - As with Legacy Business Park, Las Colinas had also stagnated. The residential portions were completely built out, retail was suffering, office buildings were empty and it was having an effect on their ability for economic growth. It began to turn with the success the La Vallita neighborhood, a mixed use residential neighborhood in the early 2000's. Its success led to the eventual conversion of over 400 acres of the remaining 600+ acres that was purchased in 2007. The success of this new mid to high density housing has helped their ability to attract new businesses, fill the empty buildings, and increase the retail sales tax base. What these two master planned developments had in common were the converted much of their land to high quality, highly restricted, higher density residential. This gave them the ability to attract the new business and retail opportunities they desired, because they were able to create a lifestyle that caters to the demands business and their employees are seeking.


9/17/13 Town Elmer C. Powell Jr., who owns 23.56 acres on the south side of Spinks Road and east of FM 2499, submitted a request via email. Mr. Powell would like his property's master plan designation changed from Campus Commercial to Campus Industrial. You can review the documents submitted at the link below. http://www.flower-mound.com/index.aspx?nid=1195


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32. Lakeside Business

District 9/17/13 Mark

Glover There are some big questions to consider for the Lakeside Business District. Do we allow it to become the Lakeside

Warehouse District, like has been the major pattern so far? Or do we adjust the sails to assure we get some corporate office uses and good paying jobs in Flower Mound? Warehouse & Industrial uses are of value, and we will certainly have more of this type of development coming for the Lakeside Business District. It is easier, cheaper, and quicker to develop warehouse and industrial uses than office development. Office and corporate campus development takes longer, is more difficult to attract, and requires a mix of other components (restaurants, retail & residential) to provide a complete corporate campus. The missing component for corporate office development in Lakeside is the residential piece. Major corporations will move to Lakeside, with our close proximity to DFW Airport and community amenities. But corporations demand the live, work, and play type of campus that is being successfully developed all over the US and in the DFW market. Stand alone campus commercial has not worked for Lakeside as planned and is not working anywhere in the US. Workforce development and retention is the big issue for corporations and a live, work, and play environment is required to attract and retain quality employees. Employees demand this lifestyle, and major corporations make the location decision in developments that offer this complete package. Lakeside does not have to allow multifamily all over the district to achieve this. But the Master Plan should allow the broad brush option for residential components when a corporate office development comes forward. Office developments in today's economy bring higher tax base, restaurants, retail, entertainment venues, and residential options to create the live, work, and play environment. This is not only what office users want, but what citizens can enjoy and brings in tourism for neighboring communities. Also important, it brings high paying white collar jobs to Flower Mound, where existing citizens don't have to commute into the Metroplex. We need to trim the sails for Lakeside to allow residential components, when connected to office driven developments. Without it, we will get more of the same and miss the boat on quality office development.

33. Cross Timbers

Conservation Development District

8/28/13 Town Let’s also begin the discussion about the Cross Timbers Conservation Development District (CTCDD). Is the vision for the district what you expected? With that vision in mind, which development pattern currently allowed by the Master Plan is best suited to protect open lands, natural land forms, agricultural landscapes, and scenic vistas: 1) conservation development, or 2) two-acre lots? For more information on the CTCDD, please visit http://www.flower-mound.com/index.aspx?NID=1194. Also check out our FAQ page which addresses a question about development within the district at http://www.flower-mound.com/index.aspx?NID=1176. Finally, in 2006, American Forests conducted an Urban Ecosystem Analysis of Flower Mound. Among other things, the project quantified the ecosystem benefits of the Town as a whole and also modeled the impact of two different land development approaches: conventional vs. conservation development. Although, this analysis was conducted in 2006, it is relevant to this discussion. View the full report here: http://www.flower-mound.com/index.aspx?NID=1194

34. Cross Timbers Conservation Development District

8/29/13 Jack Dawson

[This comment was copied from Jack Dawson email and posted to Facebook by Town]

We received some feedback via email from Jack Dawson with Centurion American who emailed a letter suggesting


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the Cross Timbers Conservation Development District allow for the “design of a cluster-like conservation development with varying residential lot densities that will preserve natural habitats, significant environmental features, and continue to meet the intent of the Master Plan.” You can view the complete letter at the following link: http://www.flower-mound.com/index.aspx?nid=1207


8/29/13 Randi Rivera

[This comment was copied from Randi Rivera email and posted to Facebook by Town]

These thoughts were sent in via email by Randi Rivera regarding the letter submitted by Jack Dawson: "Currently, there are only 2 development options in the CTCDD – develop 2 acre lots or develop 1 acres lots with 50% of the land in a conservation easement. The CTCDD should allow for more flexibility in lot size and incentivize developers to provide more than 50% open space if they are seeking smaller lots. This would promote the preservation of significant environmental resources by increasing the amount of open space. Conservation easements should not be required because not every piece of a property is environmentally significant. Rather, the CTCDD should be revised to allow some open space areas to be used for passive or active recreational purposes to become part of the Town’s parks system. This would benefit the Town by contributing to a community-wide network of park and open space areas and enhance the quality of life. These areas can either be maintained by the proposed HOA, the Town, or a joint-maintenance agreement. Developers could be responsible for extending the necessary sewer lines into the CTCDD to serve their developments. The Town may also participate in a limited capacity and/or establish pro-rata agreements for the sewer extensions. Centurion American is interested in developing the Smith Family property (450 acres) and they would like to be able to provide more open space and get smaller lots but still keep a 1-acre density. This property has several significant environmental features that would be preserved in a cluster-like development."


8/29/13 Tom Goss I think the conservation easement approach is our best approach to preserve the "natural elements" of western Flower Mound. They are no requirements that it be a significant environmental area. Further, allowing HOAs to control these areas is not a good idea. They would see them as "park-like areas" with mowing and wildlife elimination. Our Master Plan intent is for them to remain natural with native plants, terrain and wildlife. We might consider establishing a Flower Mound pubic trust with local membership to control these lands. That trust might function similarly to The Mound Foundation and could receive funding from the Town, developers, and citizens. Once funding is established, the trust could even purchase significant areas or receive tax advantaged preservation rights from landowners.


8/29/13 Randi Gravley Rivera

I’ve had the pleasure of working on a couple of conservation developments (Montalcino and High Meadow) and the first thing we look at, from a design standpoint, is what needs to be preserved within the conservation easement and what areas can be developed. For example, on High Meadow, we placed the lots in areas that had little tree cover and put the riparian and prairie habitats into the conservation areas. Requiring a conservation easement on properties that have these types of habitats, floodplain, and extensive tree cover makes complete planning sense. But there are properties that fall within the CTCDD that do not have these types of features but are still required to have a conservation easement if the developer is seeking 1 acre lots. One example is the Cummings property behind Cristina’s. It’s a beautiful property with rolling plains but it’s devoid of trees and environmental habitats. So a conservation easement on this property doesn’t make sense. The Urban Ecosystem Analysis recommends that the Town “identify critical conservation protection areas as well as those best for development”. Maybe it would be helpful to assess the larger properties to determine which should require a conservation easement and implement an open space requirement instead.

38. Cross Timbers 8/29/13 Kendra I just read the Urban Ecosystem Analysis and that study seems to say that 1/2 acre lot conservation easement


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Stephenson developments would better preserve open space, tree canopy and the environmental value of the area than 2 acre or 1 acre lots. We should be advocating for standards that best protect the open space, tree canopy and environmental value. If there are areas of special interest than the Town should identify them so landowners are aware. I'd also note that I live in a subdivision that was developed as a conservation easement. We don't consider and are prohibitied from considering the easement a "park". We are required to maintain it in its natural state. We can't mow except in very limited areas around residents' property lines. We have an abundance of wildlife, if anything it has increased since we moved in 7 years ago. The Town does have the right to cut a trail through the easement (this has not happened) and LISD has the right to conduct outdoor classes in the easement even though neither of them pay anything to maintain the area. I would be sceptical of the Town taking on responsibility for any easement as what was done in my subdivision works great and costs the Town nothing. The Sanctuary does work with a non-profit to manage the easement and make sure it remains in its natural state.


8/30/13 Cassie Gibson

I'd like to add that we should consider the water resources and cost associated with maintaining a 1- or 2-acre lot in a residential community. Perhaps by allowing a creative approach where a cluster concept was used and the environmentally sensitive areas were conserved, irrigation costs and water resources could be used more responsibly. A smaller lot does not necessarily equal lesser quality, it might actually create a more interesting and appealing neighborhood in this area when coupled with the required open space.


9/3/13 Mark Glover

Cassie has a good point. It does not make a lot of sense to do a conservation development and then waste water on the homes built. Maybe the town requires Texas Smartscapes in these developments with low water/drought resistant native plants. If the whole neighborhood does this and the HOAs do not require lush chem lawns, it works for everyone and saves water.


9/9/13 Sally Smith Mashburn

[Direct Link to letter at http://www.flower-mound.com/DocumentCenter/View/5715] We received the letter, linked below, from Sally Smith Mashburn who discusses the Smith family property at the corner of FM 1171 and Shiloh Rd. This is the same property mentioned in Jack Dawson's letter linked above. In her letter, Ms. Smith indicates the 450+ acre property has been held by the Smith family for over 50 years. She also mentions they have been approached by several developers who have indicated interest in the property.

The letter mentions the following -- the family “envision[s] a combination of residential and commercial development that services the future needs of the community. We would like to see an established developer come in with a well thought out plan that would include smaller lot sizes with preservation of open space that would include beautiful recreation areas and needed buffers, as to maintain a higher greener quality of life for the citizens of Flower Mound” –

The letter also discusses cluster developments and extending sewer into the Cross Timbers Conservation Development District. http://www.flower-mound.com/index.aspx?nid=1207



The conversations around cluster development do need to take place. If the clusters allow us to preserve open space and tree canopy this would seem to make sense. If we determine that cluster development is desirable then the issue of sewers must be dealt with. Septic tanks do not fit on a lot smaller than 1 acre. We should not let a lack of sewer force us by default into accepting a larger lot size that negatively impacts our ability to achieve the primary goals of open space and tree canopy preservation.

Regardless of the lot size in the CTCCD, we should have an honest discussion about sewers and the impact they could have on Lake Grapevine if they are not maintained properly.

One area of the CTCCD that already has commercial development are the four corners at 1171 and Shiloh Rd.


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Existing development includes Fire Station #2, the strip center that includes the gas station and shopping area and the adjacent mobile home park.


9/10/13 Tom Goss I like the idea of cluster development and could even support a cluster of SF15 homes IF there was significant preservation of open space left in its natural state AND dedicated to the public. Also, we must face the sewer issue. It has been avoided for too long. We have to address the lines into the CTCCD plus the capacity to process the flow. Not sure how much capacity is left in the Town's current plant.


9/10/13 Town To aid the discussion on using conservation development to preserve open space within the Cross Timbers Conservation Development District, we posted simplified illustrations of two-acre total site development versus one-acre, and half-acre conservation development. The link is shared in a new Facebook post above. Check it out and let us know your thoughts. http://www.flower-mound.com/index.aspx?nid=1194


9/11/13 Tom Goss These are excellent examples. They illustrates we can protect the Cross Timbers while offering residents smaller lot sizes. I'm sorry we haven't had a more broad approach to conservation developments all along.



I agree with Tom Goss. The illustrations really help build understanding of how conservation developments can be beneficial.


9/12/13 Cassie Gibson

I would also like to express my agreement with Tom's comments. By only considering the change to 1/2 acre lots, I feel that we are missing a greater opportunity to foster something special in this area. The sewer discussion is an important one to have and I would be interested to know what the Town's position is related to the potential for a change in the philosophy currently in place. The few conservation developments that come to mind for me (Chimney Rock as an example) are wonderful in that they have set aside more open space, but that is not open space that Flower Mound residents as a whole can enjoy. Considering alternatives where the respective HOAs manage open space and set up agreements with the Town so that more of this area can be enjoyed by all Town residents is an idea I think worthy of further discussion as well.


9/13/13 Town Thanks again for the comments. In regards to septic, State law allows septic systems on half-acre residential lots if served by a public water supply which is the case in the CTCDD. However, the Town’s code is more restrictive (requiring 1-acre lots for lots developed within a conservation development and a minimum lot size of 2-acres is required otherwise), and would need to be amended to reflect the State’s standard.

The commercial property and mobile home park at the FM 1171/Shiloh intersection are served by a privately owned wastewater treatment package plant that is permitted by the Texas Commission on Environmental Quality. The Fire Station site is served by an on-site septic system. Other properties could be similarly served by these “package treatment plants,” but the Town’s current policy is to not allow such facilities.

It is possible to provide sewer service to the District; however, the cost may be substantial to provide the necessary infrastructure. There is actually current capacity available within the existing wastewater collection system and the Town’s current Wastewater Treatment Plant (WWTP) to serve approximately 240 residential lots within the CTCDD. The cost to upgrade the current infrastructure to take additional flows east to the Town’s existing waste water treatment plant may be untenable. The other option to take flows to the west to the Trinity River Authority’s WWTP in Roanoke is thought to be a more realistic option. This facility serves the Denton Creek District, Prairie Vista District, and Specific Plan Area 8, areas which are immediately west of the CTCDD.


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One of the questions regarding sewer in the CTCDD is if the existing homes and non-residential developments will also be served by this proposed sewer system.


9/15/13 Troy Mills I moved "out west" in Flower Mound for a reason, open spaces and a country feel. I would not support any high density development on the Smith property. Nothing less than a one-acre minimum (2 acres preferred) should be considered. If people want to live in "McMansions" stacked on top of each other they should plan to do so east of Bruton Orand.

50. Cross Timbers


8/30/13 Town Based on the discussion this week, we would like to pose the following questions:

Q1. First, should the use of conservation developments be mandated or remain as just a development option within the Cross Timbers Conservation Development District (CTCDD)?

Q2. Second, should there be a limit to the size of a residential lot within the CTCDD area? Is it logical to believe the Urban Ecosystem Analysis study that a 1/2 acre size lot would maximize the benefits of clustering? (Find the study via the link: http://www.flower-mound.com/index.aspx?NID=1194).



Conservation Developments should be strongly encouraged. I would ask the question if we should set a density per acre and let the piece of property being developed be a determining factor in the lot size. This would allow flexibility to preserve key areas of interest.


9/3/13 Jim Hanking

Flower Mound needs at least one good soccer complex comparable to Railroad Park in Lewisville or one of the many in Plano.



I do think we are a bit short on sports facilities. I wonder if they fit into the CTCDD. Before we start putting large parks and other large facilities in this area we need to make sure they meet the goals of the area and are in a place that will serve the population of Flower Mound. Putting a large park paid for by the Town in the CTCDD may not be a good fit due to its distance from the bulk of FM's population.


9/4/13 Tim Runte

I'd prefer CTCDD to be left as it is.


9/5/13 Tom Goss I think the future population in the Canyon Falls area likely needs more recreation facilities than are currently planned. Look at the Campus Commercial area located south of FM 1171. As several have noted, campus commercial seems to be slowing significantly. This piece of land would have great access as a regional sports facility plus give some buffer to the Estate Residential proposed further to the south.


9/5/13 Town Thank you for the comments. The goal of this process is to confirm the vision of the four focus areas, and determine ways to best implement that vision. The Master Plan currently allows residential development in the CTCDD with a maximum density of one house per two acres. This can be met by developing 2-acre lots or with a conservation development which allows one acre lots with 50% of the land preserved as open space. Further, the Master Plan and the Town’s SMARTGrowth program encourages the use of conservation developments in the District. The vision of the CTCDD is to preserve open space and natural features, and going back to the original questions on this post: i. Should the use of conservation developments be mandated or remain as just a development

option within the CTCDD? ii. Second, should there be a limit to the size of a residential lot within the CTCDD area? iii. Is it logical to believe the Urban Ecosystem Analysis study that a 1/2 acre size lot would

maximize the benefits of conservation developments?


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Ref. Topic Date Name Post Comments Town’s Response 57. Cross Timbers


9/5/13 Tim Runte i. One would think that the use of conservation developments should be mandated.

ii. There is a size limit for a residential lot...2 acres. iii. The UEA study doesn't show that 1/2 acre lots would maximize all the benefits of conservation developments. It

simply shows how it maximizes certain aspects of these developments. Let's cut to the chase. Who is benefitting from residential lots in the CTCDD going from 2 acre to 1 acre? The landowner (that's selling), the developer and the Town of Flower Mound. The current residents of the area do not benefit in any way. Residents of this area of FM chose to live there for a variety reasons; one being the low density of population. One proposal has the population density doubling. Is it all about NPV for the landowner, developer and Town of FM? What is the "real" motivation for the desire to change the Master Plan? It's not (or shouldn't be) about Net Present Value of the project in this case. I believe that the UEA study fails to identify that most folks on 2 acre lots are not interested in having non-permeable surfaces.



I thought what the UEA study demonstrated is that more tree canopy and open space is preserved using a smaller lot when density per acre is not allowed to increase. If the town can better preserve the forested areas, open space etc. and not increase density per acres it is worth looking at.


9/5/13 Town Thank you for the comment and additional thoughts. The question is not to change the density, but how to preserve the ecological areas within the District as mentioned by Kendra Stephenson. Your concerns about density are well taken and this process does not suggest an increase in density; however, developers/landowners have historically requested consideration of smaller lots in the District. Again, this process is asking thoughts on how to best implement the vision for the district; preservation of natural open space, etc. Based on your comments about density, allow us to provide further clarification by introducing a new term “gross density.” This term is broadly used to describe the total number of residential units divided by the total acreage of a development. In the CTCDD the gross density of any project is one unit per two acres. For example, a 100 acre project in the CTCDD can have a maximum of 50 residential units. This gross density can be accomplished by total site development of two-acre lots (50 units), or by a conservation development of one-acre lots (50 units) with 50% of the land preserved as open space. In each case the gross density has remained at one unit per two acres. Theoretically, developing half-acre lots at the same gross density would yield a 50 unit development with 75% of the 100 acres preserved as open space. This example produces the same gross density with 25% more open space. This is a different development pattern, but the gross density is the same. Would conservation development increase the Town’s chances to preserve ecological areas within the District, and further, are half-acre lots (gross density being the same) a viable option toward capturing that vision?


9/5/13 Tim Runte The obvious question that would need to be answered regarding gross density is exactly how (and where) that density is concentrated. Is it in the best interest for residents of FM to have high density, close quarters residential projects with the lower density conservation areas outside their immediate living area? I think possibly not. I answered your questions as directly as I know how; may I ask that you address the other questions in my last post?


9/10/13 Town This is a great discussion. Where the density is concentrated, as you know, will depend on the property, as each is different. The policy question being asked is how to increase the Town’s chances to preserve ecological areas within the District, as stated by the vision. The details on how


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and where are important and if there is agreement that clustering is the way to go, standards for it would include protecting the desirable areas as currently expressed by the District’s vision.

Your question about proximity is interesting, and we encourage others to chime in. Are you asking if it is in the best interest of FM residents to have clustered homes next to the open space, or clustered homes, with open space, adjacent to existing neighborhoods? Under the current master plan, the minimum lot size for a conservation development in the District is one acre. In fact, most of the residential lots in the District are less than two acres in size. Most of the zoning on those lots are Single-Family Estate (one acre), and in some cases less (Grapevine Lake shore properties). You can view the zoning map at the link below. Zoning map link: http://tx-flowermound.civicplus.com/DocumentView.aspx?DID=71

In addition, several of the Single-Family Estate (SF-E) zoned lots do not meet the minimum one acre requirement. For example, there are properties on Raintree Dr., Frontier, Sunnyview, and Hillcrest Dr. zoned SF-E that are less than one acre (some more than others.) There are also properties on High Road zoned Agricultural (two acre) that are less than two acres in size. Arguably the dominate development pattern that exists in the district is not two acre lots. Conservation development on one acre lots would seem to fit the existing pattern, with the added benefit of conserving open space.

As you know, once lots are sold, the Town cannot prevent the property owner from removing trees and habitat. The option of allowing half-acre lots with 75% open space preserves more land, keeps the same gross density, but introduces smaller lots than currently allowed to gain 25% more open space. It is a reasonable trade-off in order to gain more open space to meet the vision?

Allow us to go over your previous questions to ensure we are addressing them. (Question 1) “Who is benefitting from residential lots in the CTCDD going from 2 acre to 1 acre?” You proposed an answer to this question which was: “The landowner (that's selling), the developer and the Town of Flower Mound. The current residents of the area do not benefit in any way. Residents of this area of FM chose to live there for a variety reasons; one being the low density of population.” Therefore, this question was assumed rhetorical. However, the Town believes that residents benefit from implementing the Town’s vision. The Town is not aware of what the benefits to a landowner or developer might be for selling a property since that is outside the scope of municipal land use planning. That said, the master plan currently allows one acre lots in a conservation development. The stated benefit of using conservation developments is the open space. Conservation developments are encouraged by the master plan and incentivized by the SMARTGrowth plan. The SMARTGrowth plan states the purpose of conservation development is “… is to mitigate the ill effects of rapid and intense urbanization in Flower Mound by protecting the open lands, natural land forms, agricultural landscapes and scenic vistas.” In the scenarios being discussed, none of them propose an increase in gross density. As such, the population density does not change.

(Question 2) “Is it all about NPV for the landowner, developer and Town of FM?” Again, you proposed an answer to this question which was: “It's not (or shouldn't be) about Net Present Value of the project in this case.” This question was also assumed rhetorical. The focus of this process is to find ways to best implement the vision of the Four Focus Areas, not financial as mentioned above. There is an obvious finical impact to property owners and developers; however, it is beyond the scope of this process.


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(Question 3) “What is the "real" motivation for the desire to change the Master Plan?” In our previous response we indicated “The goal of this process is to confirm the vision of the four focus areas, and determine ways to best implement that vision.” You may also review the presentations to the Town Council, Planning and Zoning Commission, Transportation Commission, Parks, Arts, and Library Services Board, and the Environmental Conservation Commission, which also details why this process has been initiated. Presentation link: http://www.flower-mound.com/index.aspx?nid=1179

As stated during those presentations, standard practice is to review a master plan every 5-10 years, and the Town has averaged six years between reviews. It has been seven years since the Town has reviewed the land use portion of the master plan. The purpose of this process it to confirm and strengthen the vision, determine the adequacy of Town regulations to implement that vision, and respond to a returning economic market (comprehensively). As you know, the CTCDD has development interest, and the Town is asking how we can implement its vision to preserve open space in response to that interest. In other words, if development is knocking, how does the Town maximize the CTCDD’s vision in the interest of residents while respecting the interest of the property owner trying to develop?

Thanks for the continued feedback and joining the discussion.


9/11/13 Town To aid the discussion on using conservation development to preserve open space within the Cross Timbers Conservation Development District, we posted simplified illustrations of two-acre total site development versus one-acre, and half-acre conservation development. The link is shared in a new Facebook post above. Check it out and let us know your thoughts.

63. Cross Timbers


9/9/13 Town Ron Stewart submitted these comments via email and the attachment he references can be viewed at the link http://www.flower-mound.com/index.aspx?nid=1207. This is detailed information, and something the Town could look into.

However, before details are analyzed we need to decide if clustering/conservation developments are the best approach to achieving the vision of the District. One option being discussed is using half-acre lots (gross density within the District being same) to achieve the vision. We would like to hear more thoughts on that option, or other aspects of the District?


9/9/13 Ron Stewart

“After going to several seminars on Conservation Development with Town of Flower Mound, Upper Trinity Water District, North Texas Council of Governments and during the last 10 years at the Texas Chapter of the American Society of Landscape Architects, I think it would be worthwhile to study the North Texas Council of Governments “Integrated Storm Water Management Design Manual for Site Development”. In particular Chapter 1, Storm Water Management System Planning and Design, is a very helpful tool.

For the residential component of the CTCDD, the guidelines for “Cluster Development” would be very applicable and easy to apply. The guidelines end up with the same goals as the current TOFM code, but allow for more flexibility and a wider market appeal. Instead of “reinventing the wheel” with hours of staff investment, I think a strong reference to the NTCOG manual would be helpful. I have attached a few pages from the ISWM DDMSD as an example of what I am talking about.” http://www.flower-mound.com/index.aspx?nid=1207

65. Four Focus Areas 9/5/13 Town Descriptions and maps of the Four Focus areas are on the Our Master Plan project webpage. However, we thought you might like to

see the locations on a Town-wide map (linked below). http://www.flower-mound.com/index.aspx?nid=1207

66. Cross Timbers Conservation


Thank you so much for posting this. Interesting that there are a lot of houses already in the CTCDD and many of them are on lots that are much smaller than 2 acres and that significant portions don't have many trees.


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Development District

67. Cross Timbers


9/11/13 Town To aid the discussion on using conservation development to preserve open space within the Cross Timbers Conservation Development District, we have provided simplified illustrations of two-acre total site development versus one-acre, and half-acre conservation development. The Town’s Master Plan currently allows residential development within the District under two options: 1) Two-acre total site development (building houses on two-acre lots for an entire site); or 2) Conservation development which allows one acre lots with 50% of the land preserved as open space. The illustrations can be found on our webpage (linked below) under the “documents” section. Take a look and let us know what you think. http://www.flower-mound.com/index.aspx?nid=1194 For each example, the illustrated property is 100 acres. The residential density for each example is expressed as “gross density.” This term is broadly used to describe the total number of residential units divided by the total acreage of a development. In the District, the gross density of any project is one unit per two acres. For example, a 100 acre project in the District can have a maximum of 50 residential units. This gross density can be accomplished by total site development of two-acre lots (50 units), or by a conservation development of one-acre lots (50 units) with 50% of the land preserved as open space.

68. Long Prairie Rd

Commercial Corridor 9/11/13 Town Let’s discuss Long Prairie Road (FM 2499) between Cross Timbers Road (FM 1171) and Justin Road (FM 407). This corridor is

separated into four Specific Planning Areas (SPA), SPA 4, 5, 6, and 10 Question 1: Is the Vision for this corridor what you expected? Question 2: Are there opportunities the Town should pursue in this area other than retail, office, and residential? Question 3: Should this area be reevaluated in response to the development of the Hospital and The River Walk at Central Park? Check out the map linked below to locate this area, and more information is provided on the project's webpage (also linked below). Overall Map: http://www.flower-mound.com/DocumentCenter/View/5692 Information on the Focus Area: http://www.flower-mound.com/index.aspx?nid=1196

69. Long Prairie Rd Commercial Corridor

9/11/13 Beth Bedell Generally speaking, I don't think the Town needs more professional office space. I'm glad there are a few different types of retail in the plan, but I'm always disappointed when I see new office space being built because it seems the Town is already flooded with these spaces (which often appear to be vacant). I think there is a much greater need and desire for more neighborhood and/or village retail.



This area is challenging and we need to resist changes to fit only out current needs or concerns. The Master Plan currently allows for a wide variety of development. Existing development has left many pockets of infill (pockets of undeveloped land in an area that is largely developed, I hope I am using that term correctly). If this infill were developed appropriately it would serve to create a more cohesive whole that would benefit the Town in this area. Are the mishmash of SPAs creating requirements that are not beneficial? Tom Goss has touched on potential issues related to partially built out SPAs. Is this an issue that must be addressed here?


9/16/13 Cindy Spilberg

As a board member of the Pecan Meadows HOA I am greatly concerned with any changes to the Rippy Rd proposed developments. There are lots of rumors flying and many panicked neighbors. The main reason the majority of us moved here was for the quiet country setting and now that is being strongly threatened. We would like to see all land east of Rippy as a modified estate/low density residential - keeping with the current 1/2 acre residential lots. We are strongly opposed to any retail development on this land. Many drivers already use Rippy as a shortcut to avoid Chinn Chapel & Waketon traffic. Add in school buses, children playing outdoors, bicyclists, and a large number of outdoor enthusiasts that utilize the trail system here, it's a recipe for disaster.

72. Long Prairie Rd 9/17/13 Alan Ernst We received these comments from Alan Ernst:


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Commercial Corridor “Are there plans for more assisted living facilities, in the 2499 corridor, or elsewhere? Medical facilities around the new hospital seem to be booming. So, as the town grows and ages, it seems like more resources for the elderly would be a good idea.”


9/17/13 Town The Town continues to receive interest in assisted living facilities. In fact, one is under construction across FM 2499 from the Hospital which includes assisted living and memory care. This facility is under construction immediately south of the Rosewood Assisted Living facility. As we receive feedback via email on the FM 2499 commercial corridor between FM 1171 and FM 407 we will post it online at the link: http://www.flower-mound.com/index.aspx?NID=1213


9/17/13 Town Residential is planned north of FM 1171 in this Focus Area (SPA 5), and it is planned for low density (15,000 square foot lot minimums). The other residential parcels in this Focus Area have been developed. SPA 5, adjacent to Cindy Spilberg’s neighborhood, currently allows professional office and retail along FM 2499 within 500 feet of FM 2499. The rest of the property between Rippy Road and FM 2499 is planned for Low Density residential. You can see the SPA 5 plan at the link below (page 9 of 14 of the PDF document). The Town has seen varied development interests in this area, and 15,000 square foot residential lots have not been proposed along FM 2499. Rippy Road is designated as an urban collector on the Town’s Master Thoroughfare Plan which means it will eventually be improved to a 36-inch wide concrete road with curb, gutters, and sidewalks. This is the same road section as West Windsor Drive. College Parkway is also planned to connect to Rippy Road. A link to the Town’s Thoroughfare Plan is posted below. The Town has heard mixed opinions about the amount of office and retail in Flower Mound, and continues to receive interest in developing new space for both. There is still much property Master Planned for professional office and neighborhood/village retail along the entire stretch of FM 2499 from FM 407 to FM 3040. In addition, there is a 90+ acre tract adjacent to Valley Creek Church north of Waketon Road extending north of Dixon Lane that is master planned for professional office. Should the Town expect this much office and retail to develop? If not, what other uses should be consider? The question on the lifecycle of Specific Planning Areas is interesting, and the cohesiveness of developing infill pieces is important. Knowing how SPAs may impact remaining infill pieces is difficult, but if flexibility in a SPA should be added, what should the focus be? (i.e. transitional uses, mixture of uses, other…) SPA 5: http://www.flower-mound.com/index.aspx?NID=1196 – Click on “Specific Plans 4, 5, 6, and 10” under the Documents section Thoroughfare Plan: http://www.flower-mound.com/index.aspx?nid=329 - Link to the actual plan is at the bottom of the page


10/2/13 Cindy Barnett

Looks like the future for many of the future developments is "stack and pack" developments.


10/3/13 Jerry & Beverly Meador

We received this comment from Jerry and Beverly Meador via email on September 28:

“I wanted to express our concern of changing current status of SPA5 area within the FM2499 Commercial Corridor. May I start by stating our Mission Statement – ‘The vision of Flower Mound is to preserve our unique country atmosphere, heritage, and quality of life while cultivating a dynamic economic environment.’


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Economic environment has been achieved, retail stores, restaurants, hospital, medical offices, medical offices, medical offices, and medical offices. Keeping SPA5 area for low density residential makes since. No need to change. Adding single family homes with a vision of unique country atmosphere would be a value to the community. Pecan Acres is an example of Flower Mound mission statement. At recent meetings there was discussion around ½ acre lots. We feel SPA5 area would be ideal for this type of residential living. We oppose changing SPA5 to commercial/retail.”

77. Process 9/13/13 Town Great News - The location is set for BOTH meetings! Community-Wide Meeting Location: Town Library, 3030 Broadmoor Ln.,

Flower Mound, TX 75022 Sept. 19 @ 7pm and Sept 21 @ 10am. We still encourage RSVPs at the link below. http://www.flower-mound.com/index.aspx?NID=1212

78. Process 9/18/13 Town Mark your calendars! Tomorrow is the first of two community-wide meetings regarding the "Our Master Plan" project which will both

be held at the Flower Mound Public Library, 3030 Broadmoor Lane. The meetings, which will be held September 19... at 7 p.m. and September 21 at 10 a.m., are intended to engage the community through the review the Town’s Master Plan, specifically the land use portion, through a community engagement process. The purpose of the review is not to change the document, but rather to determine how to implement the existing vision. It's not too late to RSVP or learn more about the “Our Master Plan” project by visiting www.flower-mound.com/ourmasterplan. For additional ways to provide your opinions throughout the process, residents are also encouraged to "like" the project Facebook page at www.facebook.com/ourmasterplan2013.

79. Process 9/19/13 Town Hope to see you tonight at the "Our Master Plan" community-wide meetings @ 7 p.m. @ the Library, 3030 Broadmoor Lane. Don't

forget to bring your smart phones and devices. There will be live text polling throughout the meeting, which will help guide discussion. For more info, please visit www.flower-mound.com/ourmasterplan.

80. 9/19/13 Tim Runte Seems like the Town's representatives support higher density residential and commercial. Why have discussions if the direction has already been determined?

81. 9/19/13 Tim Runte I encourage all residents of "West" Flower Mound attend Saturday's meeting. Our side of Flower Mound as we know it is quickly going to disappear. If you like Frisco, you'll like the future Flower Mound.

82. 9/19/13 Tim Runte Landowners can currently petition the Town to alter the land use requirements. (And Town Council approves without the consent of the residents). Why change the Master Plan?

83. Process 9/19/13 Town Thank you for attending the meeting, we are sorry you did not stay for your concerns to be addressed or participate in the question and answer sessions. We would like to reiterate that the video of the meeting will be posted online as soon as possible along with the presentation. Further, individuals can express opinions online at the Facebook page or project email address. We also would like to clarify that the Town support of higher residential density was not discussed, though participant interests were. This effort is to engage the community in a public discussion on policy issue related to land use. It is not a decision making process at this point, as we have continually stated in describing the engagement process. As such we welcome additional residents to join this discussion.

84. 9/20/13 Tim Runte No need to be sorry for me but thank you for your concern. Idiocracy was on display at its finest. Fact- You cannot "preserve the unique country atmosphere" with skate parks, city parks with 12' wide concrete paths nor multi use athletic/sports complexes. Idiocracy. Fact- You can't have residents of east Flower Mound objectively decide what's best for west Flower Mound. Idiocracy.


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2 P&Z guys trying to be objective regarding preserving a country atmosphere...idiocracy. Meeting starting 10 minutes late in order to accommodate those that can't make it on time. Idiocracy. The Town of Flower Mound has already made up their mind as to the direction of the Cross Timbers area. They will go through the formalities and move forward with reducing the size of residential lots to an acre or less and build unneeded and unwanted high use or active use sports complexes that have not one ioda of preservation qualities. Make no mistake, Flower Mound will be the next Frisco. Concrete jungles, poor/cookie cutter commercial development and very little country like atmosphere. Has anyone seen the (I think most recent) Town park down from Liberty Elem? Idiocracy. Massive tree removal to put in massive Areas of concrete. Anyone seen the empty ballparks around town that can't be used by all residents of Flower Mound? How about Twin Coves...I can count the # of people that use it on one hand. Anyone try to park at the trailhead at the end of High Road to access the trails? I will stay involved throughout this process. Primarily for the comedic value it offers and the grand display of idiocracy.

85. Process 9/20/13 Kendra Stephenson

Thank you for putting on a great meeting that gave everyone a chance to give input. I do hope that residents continue to stay engaged throughout the process. Just a few things to note though. Post Oak Park, one of the Town's latest parks at Skillern and Flower Mound Rd, has been planned for over 15 years. Much of what was presented by the Town last night has been in place for just as long or longer. Other than what is currently in the Master Plan, the Town's staff was presenting options that may improve what is already in place, that had been brought up by residents, for discussion. I did not get the feeling that the "Town" has decided on anything at this point. Its important for residents to stay involved and gain an understanding of what is currently acceptable in the areas being reviewed. Its easy to become angry about decisions that were made 20 years ago. If there is something that needs improving lets work together to get it done.

86. 10/2/13 Cindy Barnett

Smart Growth/Sustainability

87. Process 9/20/13 Town Thank you for everyone who came out to the first "Our Master Plan" community-wide meeting last night at the library. It was a great

turnout with valuable input and excellent questions. Don't forget, the second "Our Master Plan" meeting is scheduled for tomorrow at 10 a.m. at the Library, 3030 Broadmoor Lane. Hope to see you there! As always, for more information about the "Our Master Plan" project, please visit www.flower-mound.com/ourmasterplan.

88. Process 9/21/13 Town Please join us this morning at 10 a.m. at the Library (3030 Broadmoor Lane) for the second "Our Master Plan" community-wide

meeting. Don't forget to bring your smart phones/devices to participate in the live audience polling. All four focus areas will be discussed. For more info, please visit www.flower-mound.com/ourmasterplan.

89. Process 9/23/13 Town Thank you to everyone who was able to attend the community meetings and participate in the live audience polling. The presentations

from both meetings are available on the Town’s webpage which include the live polling results from each meeting. You may view the presentations at the link at the bottom of the page http://www.flower-mound.com/index.aspx?NID=1179. The community meetings were conducted on September 19 and 21 at the Flower Mound Public Library and were part of a larger input process that initially began on August 5. Both meetings were well attended and there was active participation during the live polling. The Town will be posting videos of both meetings in their entirety online for public view. The Town will also post an online survey of the questions asked throughout the meetings to allow those who did not attend, or participate in live polling, an opportunity to provide their responses. The questions asked during the meetings were in context with the discussion of each focus area and many were based on the feedback the Town received via the Master Plan project Facebook page, email, and through conversation with the public. The Town encourages those who did not attend the meeting to view the videos prior to taking the online survey.


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The discussion on the Town’s Master Plan continues and residents are encouraged to stay involved. The Town will accept comments, questions, and feedback on Facebook at www.facebook.com/ourmasterplan2013, through email ([email protected]), by phone (972.874.6079) or in person at 2121 Cross Timbers Road. All comments received will be presented during a joint Town Council and Planning and Zoning Commission work session on October 17, 2013. No action will be taken during the work session; however, direction and feedback will be discussed.

90. Process 9/26/13 Town The Sept. 19 and 21 "Our Master Plan" community-wide meetings are available for online streaming at http://www.flower-

mound.com/index.aspx?NID=969. They are located under the "Other Meetings" tab and are labeled by date. Although the live poll conducted during the meeting is closed, those who view the videos may take an online survey that will be posted at a later date at www.flower-mound.com/ourmasterplan. The presentations with live polling results are posted on the Timeline page of the “Our Master Plan” informational website according to meeting date, located at http://www.flower-mound.com/index.aspx?NID=1179.

91. Process 9/27/13 Town

Thank you to everyone who participated in the ongoing public engagement process by attending one of the community meetings on the master plan last week. Next week, the online survey will be online for those of you who could not attend. The presentations from both meetings were posted online on Monday and the videos were uploaded yesterday. Below is the link. We strongly encourage those of you who were unable to attend, and want to take the survey, to watch one of the meetings first. http://www.flower-mound.com/index.aspx?NID=1179 - The presentations with live polling results, and links to the videos are posted at this link according to meeting date. We have also added additional feedback received, most of which was in regards to the FM 2499 discussion: http://www.flower-mound.com/index.aspx?NID=1213 We received some general comments about the process and development in general: http://www.flower-mound.com/index.aspx?NID=1215 The project’s Facebook page “posts by others” have been updated. As a reminder, these are the posts that you need a Facebook account to view, and we have been posting those online for those who do not have an account. http://www.flower-mound.com/index.aspx?NID=1209 The next major step in this process is a joint Town Council and Planning and Zoning Commission worksession on October 17 to discuss the project. As early as next week we hope to post options to serve as a basis of the worksession discussion that is based on the feedback received to date. Further, we will ask for your suggestions on each focus area to add to the discussion at the worksession.

92. Process 9/30/13 Town The Town has posted an online survey for those who were unable to make it to the Sept. 19 and 21 “Our Master Plan” community-

wide meetings and/or participate in the live audience polling at http://www.flower-mound.com/index.aspx?NID=1216.

The survey contains the same questions posed to attendees of the community-wide meetings, which gauge interest on a variety of large-policy issues the Town is facing. If you did not attend the meetings, we strongly encourage survey participants to watch one of the community meetings posted at www.flower-mound.com/fmtv under the “Other Meetings” tab. If you’d like more information about the “Our Master Plan” project, please visit www.flower-mound.com/ourmasterplan and “like” the project Facebook page at


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http://www.facebook.com/ourmasterplan2013.

93. 9/30/13 Ken King We received the following email from Ken King, and a response follows: “I just took the online survey. However, it did not provide for two issues that are paramount to me. (1) Whatever is done about density, and I recommend do nothing because we have a good plan in place, there should be NOTHING done that in any way increases the number of apartment units built in this town. Enough already! They destroy communities. (2) At one time we had strict rules that prevented the wholesale destruction of our beautiful Cross Timbers oak forest. Somehow that went away as our council seemed to become more interested in what developers wanted than in preserving the character of the town. The "Riverwalk" developers have been allowed to do a truly disgraceful thing in clear cutting/bull dozing many acres of mature trees. Some could easily have been saved. Reinstate the rules of leaving the maximum number of trees in the future. I plan to vote against and campaign against incentives for the Riverwalk area because of what they did to the trees.”

94. 9/30/13 Town The Town has received similar comments on open space and trees. Although the specifics on tree preservation and planting are not within the scope of the Town’s master plan, it is covered by the Town’s zoning and development standards. The Town does have an Open Space Plan and we already received a suggestion to review that component of the Town’s Master Plan from another resident (Tom Goss). You may review the Open Space Plan at http://www.flower-mound.com/index.aspx?nid=329.

Another resident, Martha Dalton Littrell, asked what changed that prompted tree removal around Town. The Town has not changed any ordinances, or rules, to allow more tree removal; however, trees are allowed to be removed as part of development and their loss is mitigated in most instances. Development is occurring in visible locations which raise awareness of development activity. Under the Town’s ordinances, not all trees must be preserved. Removal of certain trees requires Tree Removal Permits that go before both the Environmental Conservation Commission and the Town Council for approval. The Town has a strong tree preservation ordinance, and the Town’s SMARTGrowth Program requires environmental features, including trees, to be accounted for and considered when property is developed. The Town also has tree mitigation and landscaping requirements. Those requirements, along with preservation measures, are in place to protect, and replace trees lost to development.

The River Walk Development was approved in 2008, and the impact to trees was a major discussion point. The developer has not asked for, nor has the Town approved, any changes in how the trees would be handled since the approval in 2008. The zoning ordinance governing the development of the River Walk has extensive tree mitigation requirements to which the intent is to replace the canopy lost to the development. A large component of that replacement will occur directly within the river walk amenity area and the parks. Unfortunately, the trees were removed due to the grading requirements to create the central water feature and for development of the project. As you may know, prior to the approval of the River Walk development, the area was planned for typical retail, office, single-family and multifamily uses which would have resulted in similar tree removal. More info on the River Walk can be found at http://www.flower-mound.com/index.aspx?nid=1143

95. 10/14/13 Ken King [Received via email in response to the above] “Thank you for your response. However, I have to laugh at your excuses for tree removal. "Mitigation" does not take place when native oaks over 100 years old are replaced by non-native


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trash tree sticks in the ground. I don't buy it.”

96. 10/14/13 Town Mr. King responded (below) and we have provided the reply: Mr. King: “Thank you for your response. However, I have to laugh at your excuses for tree removal. "Mitigation" does not take place when native oaks over 100 years old are replaced by non-native trash tree sticks in the ground. I don't buy it.” Mr. King, You are welcome. We assure you the Town’s landscape and mitigation requirements are separate requirements, and not excuses for tree removal. It is true that once a large tree is removed, it is not replaced with another large tree. We provide an example of replacement below. A majority of the trees listed on the Town’s required Tree Planting list are “native” to our region, but we do have a few exceptions, like Pines, Chinese pistache and Leyland cypress, which have adapted well to this area. The Town’s list does not include certain tree species which some refer to as “Trash” trees, but we do permit the preservation and planting of those types of trees. However, trees not on the Town’s list cannot count towards meeting mitigation or la Trees included on the tree species lists were selected on the basis of one or more of the following criteria or factors: hardiness, resistance to disease, suitability relative to local climate and soil conditions, adaptability for transplantation, longevity, adaptability to various landscape conditions, resistance to drought, aesthetic qualities, shade provision, windbreak provision, and screening qualities. In regards to mitigation requirements specifically, the Town’s tree ordinance requires that specimen trees removed from a site be replaced at a rate of two times their caliper inches. For example, a 30-inch Post Oak would require one of the following: 1) Planting twenty-four 2.5” caliper trees 2) Planting twenty 3” caliper trees 3) Fees in lieu of (in this case 30” X 2 X $125/inch = $7,500) 4) or, a combination of planting and fees in lieu of The plantings can be accomplished onsite or donated to the Town’s tree farm. We certainty understand your concerns about tree removal and wanted to give you a few more specifics about the Town’s requirements.

97. Process 10/2/13 Town We are still collecting input as part of the ongoing community engagement effort. The public meetings last week were a milestone, and

you can still get involved. We encourage everyone to watch the videos of the meetings (one or both) and review the PowerPoint presentations. The topics are interesting and will help provide background for joining the discussion. And of course, all of the discussion is on our Facebook page, or on our webpage, and people are still making new comments. So try it out.

One of the follow-ups to the public meetings is a new document that attempts to put the various options that have been discussed down on paper (or the web). This information, along with all of the comments received and any new ideas, will be the basis of our next meeting; a work session with the Town Council and Planning and Zoning Commission on October 17. To review the draft options to consider, please click on the link http://www.flower-mound.com/index.aspx?NID=1219

98. 10/3/13 Todd Schreiber

We received this comment from Todd Schreiber via email today - "As I mentioned, I've reviewed the videos of the recent MP Update meetings and until now, the discussion during this process regarding the Infill areas along the FM 2499 corridor has been limited to the areas north of Cross Timbers. I suggest that SPA 2 and area directly to the west of it between the Calloway's development on the south and Sagebrush Drive on the north, and FM 2499 on the east and Old Settlers on the west, also be included in this review. "


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TOWN RESPONSE: Although this area has not been part of this review we can add it to the list for direction during the Joint Worksession on October 17. Other review topics that have been mentioned is reviewing the Town's Open Space Plan, the Town's Transportation plan as it relates to shuttle services in the Lakeside Business District, and water conservation among others.

99. 10/6/13 Cindy Spilberg

In the Master Plan Review, could you please clarify the following statement with regards to the FM 2499 Commercial Corridor; "The vision of the current Master Plan for the area arguably does not need to be amended, but an awareness of development pressure should be acknowledged."

100. 10/7/13 Town Based on the feedback we have received there does not appear to be a need for immediate changes to this focus area. We drafted two options to discuss during the worksession on October 17. The first option is no change, and the second involves a more in-depth study in the future. That study could come in one or two years, and in the meantime, we expect there to be development interest in the focus area. The statement above reflects that there will be development pressure in the time between now and when future planning of this area may occur. We hope that helps, and let us know if you have any other suggestions for this focus area.

101. Process 10/8/13 Town As a reminder, the online survey closes tomorrow at 5:00 pm. We posted the draft options for each focus area last Wednesday and

have received a couple comments, which have been posted at http://www.flower-mound.com/index.aspx?NID=1220.

Please review the options and provide your suggestions on our Facebook page or via email. Remember that any options you provide will be added to the list for discussion during the October 17 joint Town Council and Planning and Zoning Commission work session.

102. Process 10/14/13 Town Thank you to everyone who participated in the online survey. We received 66 responses and not everyone answered each question. As

a comparison, for the September 19 community meeting the average participation rate was 35, the highest was 45, and the median was 37. For the September 21 meeting the average participation rate was 30, the highest was 38, and the median was 29. A summary of the live audience polling and the online survey is located at the bottom of the page linked below. http://www.flower-mound.com/index.aspx?NID=1216

103. Process 10/14/13 Town The agenda and packet for the October 17 worksession are posted online at the link below.

http://www.flower-mound.com/AgendaCenter 104. Process 10/23/13 Town We hope everyone had the opportunity to view the Joint Town Council and Planning & Zoning Commission work session conducted

on October 17. If not, we have provided a link to all of the information presented and a link to watch the meeting at http://www.flower-mound.com/index.aspx?nid=1179. We have created a new “Updates” page and provided a summary of the joint work session that generally outlines the direction received. Please take a look at the page linked below. The public engagement process continues through the formal meetings with the P&Z and the Town Council. We still encourage your feedback and will have more information posted soon regarding the details of the text changes to be discussed by P&Z during their October 28 work session. http://www.flower-mound.com/index.aspx?NID=1231

105. Process 10/23/13 Town The draft text amendments for the Lakeside Business District have been posted (linked below), and we would like your comments. A

draft for the Cross Timbers Conservation Development District is coming soon.


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http://www.flower-mound.com/index.aspx?NID=1232 106. Process 10/24/13 Town Yesterday we posted the draft text amendments for the Lakeside Business District. By 5:00 pm today, the agenda packet for the

Planning and Zoning Commission Work Session will be posted that contains the draft text amendments (Lakeside and Cross Timbers) that will serve as a basis of discussion for the meeting. Please be sure to take a look, and let us know your thoughts. http://www.flower-mound.com/index.aspx?NID=1232

107. Process 10/25/13 Town As an update: The draft text amendments to the Land Development Regulations are now contained in the Planning and Zoning

Commission work session item (linked below). There will be three major topics discussed during the work session: 1) text amendments to the Lakeside Business District, 2) text amendments to the Cross Timbers Conservation Development District, and 3) text amendments to the Town’s Land Development Regulations for Planned Development Districts. http://www.flower-mound.com/index.aspx?nid=1232

108. 10/27/13 Kendra Stephenson

Before we grant residential in Lakeside Business, developers should demonstrate that it is being specifically built to support the overall development of Lakeside Business specifically the establishment of the desired commercial business. Questions the developer should be required to answer include: what types of residential units and environment are desired by the anticipated employees, are the residential types needed available in close proximity, what is the anticipated impact on overall housing costs in Flower Mound and other municipalities close to Lakeside Business. I also do not want to see the density increased in the CTCDD. Flexibility in lot size can be granted without increasing overall density. If density is not increased, I see no reason to set a 1/2 acre minimum lot size.

109. 10/28/13 Mike Wallace

I am surprised with the Draft Text Amendments being proposed for the Cross Timbers Conservation Development District (CTCDD), especially Sewer being mentioned in #8 (Develop the property as a cluster development). We discussed the concept of "clustering" during the 2006 Master Plan Update meetings but allowing Sewer and one-half acre (21,780 square feet) lots is new. While times have changed in Flower Mound over the past 7 years, allowing Sewer in the CTCDD would be a tipping point. We should take a balanced approach by considering one-half acre lots on a case-by-case basis so long as Septic systems are required and the smaller lots are part of a much larger cluster development that includes a sizable amount of open space.

110. 10/28/13 Kendra Stephenson

If the open space and or conservation land in a cluster development is permanently put in an irrevocable trust so that can't be developed in the future, I think sewer can be considered as long as the density is not allowed to go over the current density.

111. 10/28/13 Mike Wallace

You raise a good point! We could allow 2 new options: (1) Sewer with a conservation development and no net increase in density, or (2) Septic only with the ability to go down to one-half acre lots in a cluster development and no requirement for conservation easement.

112. 10/30/13 Town Thank you for the comments. In regards to allowing residential in Lakeside, we agree that any residential must support the overall goals of the district (economic development) that is why six criteria for development were included in the draft text amendment. Number three, the market factors, should address the types of residential units and environment desired by employees, need for the residential product proposed, and impacts to housing costs. The definition for a mixture of uses, as drafted, includes office and commercial uses, and residential may be appropriate if it furthers the economic development goals of the District. In regards to Cross Timbers, sewer, as well as smaller lots entered the discussion early in the process. They were also specific topics addressed during the community meetings and in the online survey. Both have been discussed as incentives to encourage the preservation of more open space in the District. The half-acre lot limit was drafted based on feedback received during the joint work session on October 17. Sewer is a tool and the land use plan sets the density. The clustering option is the flexible option, and as drafted, density is commensurate with the quality and character of the


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open space preserved. One discussion point in the Cross Timbers for encouraging open space preservation, consistent with the goals of the District, was allowing for marginal increases in density. The thought is marginal increases, as an incentive, will further the vision of the District by yielding greater than 50% land preservation. Smaller lots may come with a marginal increase in density, but not automatically given that each development proposal will be considered on a case-by-case basis. If the clustering option is used, the proposal must meet the four criteria under the cluster option, in addition to addressing the preservation of Scenic Corridors and Vistas. The cluster option includes flexibility for who owns/maintains the open space. As part of the entitlement process dedication language would be required for the open space that precludes it from being developed in the future regardless of ownership. Another topic discussed about the open space is how it should be used. Part of that discussion includes allowing public access to the area so they can be enjoyed by the community at large. Thanks again for the continued discussion. The next step will be a public hearing at the Planning and Zoning Commission on November 11.

113. Process 10/30/13 Town The Master Plan was discussed during a Planning and Zoning Commission work session on October 28. We received a few comments

and a revised draft of the amendments will be posted as soon as possible. The next step is a P&Z public hearing on November 11. We are still accepting your comments via Facebook and email ([email protected].) Any comments received will be provided to P&Z and ultimately the Town Council.

114. Process 11/4/13 Town The draft text amendments prepared for the November 11 Planning and Zoning Commission public hearing are posted online at the

link below. The drafts include the feedback received during the P&Z work session on October 28. Let us know your thoughts on Facebook or via email at [email protected]. The text will be the focus of the public hearing, and the agenda item will include the public feedback (Facebook and email) received to date. That information will be very similar to the information provided during the joint work session on October 17. http://www.flower-mound.com/index.aspx?NID=1231


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OurMasterPlanFacebook“PostsByOthers” / /

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Beth Lockwood: I seem to recall that Morris Road/Gerault would be expanded to six lanes between 1171 & 3040 upon the completion of Phase II of the Riverwalk Development. Can you please provide an update/clarification of the road expansion plans and the target date for same? As a resident of the Villages of Cross Timbers, this expansion is something that will have a direct impact on our neighborhood, our families and the children that attend the surrounding schools. Thanks very much. October 28 at 11:25am

Our Master Plan: Strengthening the Vision Beth Lockwood - Thank you for the questions regarding the Morriss/Gerault Road expansion. Although it is an important question, it is beyond the scope of the Master Plan review. However, to respond to your questions, the expansion to the roadway is not tied to a phase of the River Walk, meaning it is not automatic. Phase 3 requires the developer to evaluate the traffic impact, and from that study the Town will have a better understanding of the impact to the roadway and any necessary improvements. That being said, the road is still designated as a major arterial (six lanes) on the Town’s Thoroughfare Plan. If you have further questions, please contact Doug Powell at 972.874.6351 or at [email protected]. October 28 at 2:35pm

Beth Lockwood Thank you very much for your response. I will visit with Mr. Powell for specifics relating to the future road expansion. October 28 at 2:38pm

Tammy Kockler Lilly: Where can we find the results of the survey we took at the meeting and that was available online?

October 23 at 4:51pm

Our Master Plan: Strengthening the Vision: Tammy Kockler Lilly - We were updating the website yesterday and access to the results was temporarily unavailable. You may view a summary of the results for both meetings at http://www.flower-mound.com/index.aspx?NID=1216.


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The results for the community wide meetings may also be viewed individually at http://www.flower-mound.com/index.aspx?NID=1212.

October 24 at 8:02am

Cal Lacasse: I am for maintaining the 2 acre min, per each lot, for the Cross Timbers section of flower Mound. Out west in the flat lands, you can pack in as many houses as you want, but keeping the middle part of FM rural is a treasure we should protect.


Cal Lacasse: I would like to see a plan to provide sewer to all of Flower Mound, including old neighborhoods and a plan to connect the current part of Flower Mound, with the new developments and the old neighborhoods with safe bike paths and sidewalks.


Kristi Swanbeck Hassett: I agree with Pamela Glynn's statement about ag land. You asked her what she would suggest the Town consider doing in the district that is in keeping with the current vision? My hope is the town maintains the ideals the Master Plan was intended for by going with more of an Option 2 in the CTD Review. I understand developers have not jumped for joy of the incentives offered under this option but that does not mean they cannot sell those homes. What the developers have asked for is "additional flexibility" and "reasonable amendments to the current standards." Let's call a spade a spade. It means they can make more money by adding more homes with options 3-4. I agree with the desire for land owners to sell their land. I would like to see FM keep its atmosphere over ensuring a larger financial gain to the developers.



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Tammy Kockler Lilly I agree with the above comment. I attended the Master Plan meeting on September 21st. The master plan for the Cross Timbers Conservation District should not be changed to accommodate developers. Lots less than 1 acre should not be allowed in this area. Of course developers want to be allowed to develop lot sizes that are smaller than that, but the ability to buy larger lots in Flower Mound is what makes it attractive for many people who want to live here. My husband and I moved back here a little over two years ago (we grew up in this area) because of the opportunity to live on a larger lot. We increased my husband's commute, but the trade-off is worth it because we would not have had the opportunity to buy a lot like ours in any other suburb that we considered. I have had people knock on my door asking if I am planning on moving, because they are interested in having a larger lot. Keeping the CCCD the way it is currently stated in the master plan makes Flower Mound more desirable for residents and future residents.


Elizabeth Carles: I think the overall theme that i hear from my friends and family is that they want to preserve as much open, green, original, TREED space as possible. It has been disheartening to see the loss of trees and shrubs around every single new development and road. They plant new ones, but they are small and sparsely separated. Instead of tons of new retail in Lakeside, Southgate, and Riverwalk, why don't we focus on filling up the retail areas we already started? Utilize the remaining space along 2499 (in the SPA's) and don't make all of it medical office space. We seem to have an abundance of that already, many of which appear empty. We cant forget the Town's proximity to Grapevine, Southlake, and especially Highland Village, which already provide us with many retail options. When we think about land use, we should consider that some land should be left alone. That is a legitimate use as well.


Mark Glover: Flower Mound is in a great location, in a great economy, and only about 5 miles North of DFW Airport, which is the economic engine of the region. The economy has rebounded from the Great Recession and more of us have jobs and better lifestyles because of the improved economy. Progress and growth comes with living in a great economic area. People in rural Oklahoma, West Texas, and other areas don't enjoy our standard of living and growth, and they don't have to worry with losing too many trees. It's not possible to have a stagnant/no growth community when you live so near the eye of the hurricane.


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To tell a property owner they can't develop or sell their land to development equates to the taking of that land, which is prohibited by Article 5 of the US Constitution. It is like telling a homeowner they can't use their home for the purpose they bought it, or can't sell their home. People have property rights in America.

The local economy is booming and retail occupancy is over 95%. The inventory of residential homes is also at a 20 year low. This is why we see development moving forward. It is also why we enjoy a great lifestyle with low taxes in Flower Mound.

Flower Mound has a lot of parks, trails and open space. I hope we get more and that developers maintain as much of the natural beauty as possible. It is not a reasonable position, however, to expect the Town to deny property owner rights, or expect the Town to buy up mass amounts of land for our viewing pleasure. It would quickly bankrupt the Town - both from loss of increased tax value and the outlay of cash.

The best we can work toward is to steer development in a quality and sustainable manner, which will improve the community lifestyle, bring good paying jobs to Flower Mound, and lower the residential tax burden.

I believe we can both preserve trees and have a vibrant local economy. It takes good planning, dense development in nodes around town, encouraging sustainable development, and lower density development in the areas that need to be preserved.


Kia Zaf: I wish there had been a way to present new or differing opinions (like Elizabeth's above) during the Master Plan Review process. I got the sense that the resident input meetings were just a formality to execute the pre-determined goal of increasing density in certain parts of town. A quick look at this Dallas Morning News article from August of this year seems to confirm this ... http://www.dallasnews.com/...

October 10 at 9:34am

Our Master Plan: Strengthening the Vision: Kia Zaf and Elizabeth Carles - We have received similar concerns which have been addressed on this Facebook page and on the project’s webpage. The Town has solicited feedback including proposed suggestions/ideas/alternatives throughout this process. Elizabeth’s thoughts above, and now yours, by definition of this process, are now recorded and will be part of the public record and considered while moving forward. In fact, we are soliciting resident thoughts right now on Facebook, and via email ([email protected]) on the topics that were covered during the resident input meetings. These are part of the options to be considered at the October 17 worksession. These draft options were posted last Wednesday (October 2) for resident feedback and will be the bases of discussion during the worksession. Please visit http://www.flower-mound.com/index.aspx?nid=1219. We want resident feedback on the focus areas and there is


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still time to provide it. In regards to resident opinions, there are many on this Facebook page and posted online. All of those comments, including ones not related to the Focus Areas, will be part of the discussion at the worksession. The Community Engagement process will continue even after the worksession. This effort to engage the public by use of social media will continue; new information will be posted, individuals can post comments and opinions and even make suggestions as this process continues.

Flower Mound, TX - Official Website - Options to Consider

www.flower-mound.com


Our Master Plan: Strengthening the Vision: Elizabeth Carles - Thank you for Joining the Discussion and for the comments. The Town has received similar comments on open space and trees. Although the specifics on tree preservation and planting are not within the scope of the Town’s master plan, it is covered by the Town’s zoning and development standards. The Town does have an Open Space Plan and we already received a suggestion to review that component of the Town’s Master Plan from another resident. You may review the Open Space Plan at http://www.flower-mound.com/index.aspx?nid=329.

Martha Dalton Littrell asked what changed that prompted tree removal around Town. The Town has not changed any ordinances to allow more tree removal; however, trees are allowed to be removed as part of development and their loss is mitigated in most instances. Development is occurring in visible locations which raise awareness of development activity. Under the Town’s ordinances, not all trees must be preserved. Removal of certain trees requires Tree Removal Permits that go before both the Environmental Conservation Commission and the Town Council for approval. The Town has a strong tree preservation ordinance, and the Town’s SMARTGrowth Program requires environmental features, including trees, to be accounted for and considered when property is developed. The Town also has tree mitigation and landscaping requirements. Those requirements, along with preservation measures, are in place to protect, and replace trees lost to development.

We understand your comment about new plantings being small and spaced apart. As you know, every tree is different, and Town regulations require newly planted trees to be a minimum of 2.5 – 3 caliber inches. There are developments that plant larger trees, and generally speaking, the larger the tree is, the longer it takes to establish roots and begin canopy growth. New landscape trees are also spaced 15 to 25 feet apart (depending on the tree) to meet industry spacing recommendations. The spacing allows trees to reach a mature canopy without impeding its growth, or the growth of other trees (if spaced too close). The intent of the spacing is to encourage trees to reach a mature canopy which ultimately produces larger trees with larger


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canopies. We would like to hear more ideas. What do you suggest the Town evaluate in regards to landscaping, tree preservation, and mitigation standards?

How and where development occurs, is largely dictated by the private market. The Town cannot prevent new retail or office from being built in conformance with the Town’s Master Plan and zoning regulations. For example, the areas along FM 2499 are planned for retail and office uses, and the Town cannot pick and choose where specific uses go. However, through the Town’s zoning regulations, the Town can dictate the types of uses allowed in office zoning (professional and medical office among others), the location and size of buildings (setbacks and lot coverage), and building heights. Through the Town’s development standards it can dictate the parking and landscape requirements, setbacks from residential neighborhoods, and the architectural quality (design, materials, and color). So there are many things the Town can control; however, exactly where the end user goes is not one of them, since that is controlled by the private market.

That being said, balancing retail land uses is important and providing retail and restaurant opportunities in Flower Mound helps fund essential local government functions and provides additional dollars for police, fire, street maintenance, and parks. The Town assists in the recruitment of desirable tenants so that residents can keep their sales tax dollars in their own community to provide services that they will directly benefit from, but also so that people from other communities will spend money in Flower Mound, helping to fund Town operations.

Sales tax represents approximately 19 percent of the Town’s General Fund revenue, and is the second largest General Fund revenue stream next to property tax which represents approximately 51 percent. We have included a graphic that shows how the Town ranks among its 15 survey cities. As you will notice, Flower Mound ranks in the bottom three for General Fund sales tax revenue per capita. The data in the graphic is based on their Fiscal Year 2011-2012 Comprehensive Annual Financial Report. Sales tax is not limited to residents of Flower Mound. The other cities you mention benefit from visitor sales which contribute revenue to those cities to provide services to their residents. Essentially, Flower Mound residents who shop in other communities help to pay for parks, roads, water, police, and fire services, and municipal operations, etc. in those neighboring communities. The Town works diligently to expand retail options and keep sales tax dollars inside Flower Mound, so that visitors help pay for Town services thus reducing the residential tax burden. The Town also uses dedicated sales taxes that help fund park improvements, street maintenance, crime control, and fire prevention. Every dollar spent outside of Town is a dollar not invested back in the community.

With that in mind, are you suggesting the Town should focus only on retail/commercial opportunities along FM 2499? The River Walk at Central Park was approved in 2008, and the Lakeside DFW Mixed-Use development was approved last year. Since those are approved developments, the Town cannot prevent development there. The Southgate project has not filed a formal application with the Town. If the Town should focus on retail/commercial land uses along FM 2499, what do you suggest the Town consider in the Lakeside Business District if not commercial? You can get more information on the Lakeside Business District at http://www.flower-mound.com/index.aspx?nid=1195

The Town recognizes the desire to leave open spaces and adopted an Open Space Plan in 2001 as part of the Town’s overall Master Plan. However, the entire Town has some sort of land use designation for development. Those areas are allowed to development under the current master plan and zoning regulations. The Town also heard a similar comment about the Cross Timbers


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Conservation Development District prohibiting development. That comment was among the first addressed in our frequently asked questions (linked below). Open spaces are an important part in any community; however, the Town cannot preclude development without compensating property owners. In other words, if the community wants property owner’s to leave some of their land alone, then the Town will have to buy the property, or it would have to be donated by the property owner to the Town. What do you suggest the Town do to acquire open space?

Find FAQs here: http://www.flower-mound.com/index.aspx?NID=1176

If you have any questions or would like additional information, please let us know.

October 10 at 12:39 p.m.

Our Master Plan: Strengthening the Vision: Elizabeth Carles - We noticed we forgot to attached the sales tax graphic. Here it is for your information.

October 14, 2013 at 10:36


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Rob Paul: I would like some consideration given to establishing transition zones in the Cross Timbers where land use can evolve from the current built housing towards the two-acre uses. To have a hard line drawn where 8000 square foot lots are across the street from a required two-acre lot is too abrupt to look well planned. Moving in a logical pattern from smaller lots to medium density residential, half-acre lots, one-acre lots and then the two-acre lots will allow for a more planned feel and look as you move through the Town. Adding this question to the online survey and work session agenda would be a great way to learn how others feel about this technique. In the spirit of full disclosure I am an active Home Builder and twelve-year Flower Mound resident.

October 2 at 5:23pm

Pamela Glynn: Thoughts on conservation developments in the cross timbers area.... while the preservation of open space is noble, by developing 1 acre (+conservation) properties, the character of the west side of Flower Mound is being changed from rural to McMansion. Need to keep options open for small ag lots for horses, llamas, goats, and other small livestock. Comment in recent P&Z meeting "If they want that kind of property they can move to Bartonville" is the wrong attitude.

September 30 at 5:26

Our Master Plan: Strengthening the Vision: Pamela Glynn - – Thank you for the comments. If you have reviewed the draft options for the Cross Timbers Conservation Development District at http://www.flower-mound.com/index.aspx?NID=1219, I hope you noticed one of the options includes small agricultural lots as you mention. This is a current option today as well. Let us know if you have any other suggestions you would like discussed at the October 17 worksession. You can see what others have suggested here: http://www.flower-mound.com/index.aspx?NID=1220

Flower Mound, TX - Official Website - Options to Consider



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October 8 at 2:31pm

Pamela Glynn: Thanks for the response. The problem is that there is plenty of land zoned 2-acre ag, but the Town keeps approving master plan amendments to change these to 1-acre+conservation. So, the Master Plan can be chock full of 2-acre ag lots, but the reality is that western FloMo will wind up being something completely different than rural. It's put forth as "preserving open space" but the reality is the developers want it this way because the lots are "easier" to sell. Well - do we want what's easy, or do we want what's right?

October 8 at 2:39pm

Our Master Plan: Strengthening the Vision: Pamela Glynn - The Master Plan has not been amended to allow for the Conservation Developments you list. Conservation Developments are a current development option under the Town’s Master Plan. Only three have been approved since that option was made available in 2001 (Chimney Rock, Montalcino Estates, and High Meadow). The Sanctuary is another conservation development; however, it is not located in the Cross Timbers Conservation Development District. Again, none of these developments required a master plan amendment since they are allowed under the regulations, actually characterized as the preferred development option in the Master Plan and even incentivized under the Town’s SMARTGrowth Program.

The Cross Timbers is currently described as follows in the Town’s Master Plan “The Cross Timbers Conservation District and Prairie Vista District preserve the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur.” The aim for providing the unique country atmosphere and natural environment seems to be the preservation of open space, and you are right, not everyone agrees. It also seems that based on some of the comments we heard, some do not agree with the vision that was established for this district in 2001, specifically with what “provides the Town with its unique country atmosphere and natural environment,” open space or 2-acre+ lots.

The Master Plan and SMARTGrowth program point to conservation of open space, but some have said it is two acre+ lots, which have the following impacts on the open space: 1) the ecological areas intended for preservation are subdivided into lots, 2) any trees kept in the lots can be removed by the lot owner at any time, and 3) total site development at 2-acre+ minimums requires more infrastructure (roads, water lines, phone lines, gas lines, electrical lines, septic tanks) that necessitate tree removal over the entire project. Conservation, by definition, minimizes those infrastructure needs.

If we understand your comments, do you think that minimum 2-acre+ lots better “provides the Town with its unique country atmosphere and natural environment”? If so, do you think the overarching vision should be revisited to clearly articulate that?


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The Master Plan allows development in the district under the two options mentioned above. The Master Plan and SMARTGrowth program indicate conservation is the right way to obtain the vision for the district, which is an allowed, and currently incentivized, option. There is current development interest and most are a conservation design. What would you suggest the Town consider doing in the district that is in keeping with the current vision?


Pamela Glynn Thank you for the response! I understand the infrastructure requirements of 2+ acre lots, which is why the developers don't want to do them. Again, doing what is easy versus doing what is right.

As far as the ecology, let's take Immel Estates as an example of 2+ acre ag lots, which is probably the most recently developed 2-acre ag neighborhood. Folks who own 2 or more acres generally don't clear and landscape "fence post to fence post" as 1 acre owners do. Most of them don't even put up fences, except around their pool. Look at an aerial view of Immel Estates, and you will see that there has been minimal tree removal, I'd say less than 1 acre per lot, thereby preserving MORE than 1 acre of trees, habitat and critter right-of-way. Less than 25% of Immel has fenced their entire property, those that have use livestock fencing which is "critter-friendly" and doesn't impede right-of-way. Compare that with the heavy hardscaping and landscaping that has been done over in Chimney Rock. Beautiful, but certainly not a "rural" environment by any means.

Isn't part of the mission of the master plan to "protect the unique rural environment" of Flower Mound? Well, just take a drive through the Cross Timbers Conservation District and get a feel for it. Then, go park in the middle of a Conservation Development such as Chimney Rock and see if you get the same feeling.

There is room in our Town for open space AND larger acreage for those that want to live among horses or goats, or just want a bit of space between themselves and their neighbors. I understand that smaller acre lots sell much more quickly, but Flower Mound has the space and the topography to be many things to many people and let's just be careful!


Our Master Plan: Strengthening the Vision: Pamela Glynn - Thank you for participating, and we appreciate your comments and thoughts on development within the district. Your comments will be included with the information provided for discussion at the October 17, 2013 worksession.

25 minutes ago · Like


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Mark Glover: Trails and parks have always been important to Flower Mound and one of the things that make us unique. Larger developments should have an incentive or policy to tie-in to the trail network if their development is remote or not adjacent to nearby trails. Many developers may consider partnering on a temporary or permanent tie-in if a policy was in place.

September 26 at 4:45pm

Renee Mani-Doyle: Mixed feelings on the Master Plan Review Meeting I attend on Saturday. While I applaud the effort made by the town on trying to get the word out to the residents, I think we can do more. I also think it needs to be televised live. As for the meeting it’s self, I think that Mr. Dalton speaks well and gives a nice presentation but the information material was lacking and skewed in the direction the town wanted you to go rather than presenting you with all the information needed to make an informed/educated decision. I also believe it was developer driven rather than the Master Plan Vision which states. “The Town of Flower Mound Master Plan furthers the established community based vision to:

Preserve the country atmosphere and natural environment that makes Flower Mound a unique and desirable community;

Mitigate the ill effects of rapid and intense urbanization Create a balanced tax base to ensure the Town’s long term-economic health and prosperity; and Ensure all development is of enduring and exemplary quality and design."


Our Master Plan: Strengthening the Vision Renee Mani-Doyle - Thank you for applauding our efforts and for joining the discussion. As stated during the meetings, they are now available for online streaming at http://www.flower-mound.com/index.aspx?NID=969. They are located under the "Other Meetings" tab and are labeled by date. Although the live poll conducted during the meeting is closed, those who view the videos may take an online survey that will be posted at a later date at www.flower-mound.com/ourmasterplan. The presentations with live polling results are posted on the Timeline page of the “Our Master Plan” informational website according to meeting date, located at http://www.flower-mound.com/index.aspx?NID=1179. We are doing more, and based on feedback received to date, we will post options to present at the joint Town Council and Planning and Zoning Commission meeting on October 17 for public view, comment, and suggestion. Those comments and suggestions will also be part of what is presented. So please check back for that. We understand your concern about the presentation,


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and please recognize this is a community engagement process and the time for decisions has not passed. This process provides a framework for people to get involved and offers several avenues (email, Facebook, phone, in-person, and community meetings). We are still taking comments and suggestions as we step forward in the process. The questions we asked during the meetings gauged participant interest on a variety of large policy issues the Town is facing. The results reflect that interest.

There were three types of questions asked at both meetings: demographic, background (i.e. what is the vision for the districts), and level of interest questions. The level of interest questions are based on comments already received from the public that are posted on Facebook and online. As stated during the meeting, there were very few questions asked on the Denton Creek District and the FM 2499 corridor because there has been less discussion on those areas. As we showed during the meeting, there is development interest in all the Focus Areas. We did not set out to update the vision. Instead, we are gauging the public’s interest in discussing the important policy issues the Town is facing (density, sewer, commercial, parks, etc.). This process is designed to reach out to the public first to help understand opinions on those issues prior to the Town spending a large amount of time and energy on them.

In regards to your comment about the process being development driven, we were upfront about the development interest in the Town, and most of the issues being discussed have been large policy topics the Town has dealt with since the 1994 master plan. As you may be aware, most of the Town’s master plans were adopted to address large land use policy issues, and in all of those cases, development and growth was a component. If there is no growth or development (internal or external) there is little need for a comprehensive plan dealing with land use. This review process’ starting point and goal is to keep the vision for the Focus Areas, and if development is knocking on the door, how does the Town maximize the vision of these Districts in the interest of residents while respecting the interest of the property owner trying to develop? We engaged the community first to help respond to that question, and the discussion continues. In that respect, this process is community driven with development interest being transparent. We are happy to meet with you to discuss any of your questions or concerns. Please email us at [email protected] or call 972.874.6079 to set up a meeting.



Chris Muzzy Henry: I appreciate the town reaching out to residents. I would like to see the Cross Timbers Conservation area remain as rural as possible. I MUCH prefer not to have less than 1 acre homesites. In addition, it is especially upsetting to hear homesites being developed 500 feet or less to gas wells.


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Having less than 1 acre homesites will allow more residents to be packed around gas wells. Not for the benefit of the community, public, children, conservation but for the benefit of developers. I don't think any of that is a good idea.

Thank you.


Our Master Plan: Strengthening the Vision Chris Muzzy Henry - Thank you for your feedback and comments. In regards to gas wells, as you may be aware, the exploration, development, and production of oil and gas in the town is governed by the Town’s Oil and Natural Gas Well Drilling and Operations ordinance, and is not regulated by the Town’s Master Plan. We certainty understand your concern, but we wanted to be clear that this process is not reviewing the Town’s regulations in regards to gas wells.

September 26 at 3:04

Mark Glover: Great first Master Plan Review Meeting. The process was efficient and calm. Logical and informed input was given by the audience. I just hope their is a good turnout Saturday.

September 20 at 8:08am near Flower Mound

Aaron Butler: Is there a live stream of tonight's meeting?

September 19 at 3:56pm near Flower Mound

Our Master Plan: Strengthening the Vision: Aaron Butler - No, however we are recording the meetings and will post online. Unfortunately, the Town is not equipped to broadcast on remote.



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Aaron Butler: Thanks for the info.


Alan L Powdermaker: I am a business owner on Cross Timbers and rely on the rural flavor of FM to perpetuate our business model. Also as a long time land owner in Western Flower Mound, I am aware that development will surely take place as the new highway brings more population pressure to our area. I believe that this development can be done in such a way as to maximize the open space and provide public recreation opportunities. We will in the end analysis provide quality development that is more in keeping with the market demands and at the same time maintain a rural flavor with maximum attention to tree preservation and open space.


Brad Ruthrauff: I read that people are looking for more apartments, smaller homes, while wanting better options for shopping, higher end retail and restaurants, and more services. Flower Mound cannot be all things to all people if we want it to maintain certain distinctive attributes. I would like to live on the beaches of Malibu but I can't because I don't have the income to do so. It also is not right for me to expect Malibu to change because I want the housing to fit my needs. If they did, it would cease to exist as it does. I have to learn to live within my means and work to achieve the ability to live in that community. Building more apartments, or senior living communities is going to change the town for the worse. More apartments means more people that will not have the means to support the types of businesses most of us want. It also means more kids going to our schools and no tax base (which comes mostly from single family homeowners) to support the population. We wanted more medical which brought in higher wage earners who also want homes that are larger and cost more. That means more tax dollars for our schools, better medical choices close by, and more consumers to support the desired retail our community is looking for. If people want more apartments, there are plenty in Lewisville which is close enough to Flower Mound for anyone who works here to commute. By the way, who wants Flower Mound to become more like Lewisville?

September 18 at 12:47pm near Flower Mound


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Mark Glover: There are many misconceptions about multifamily, town homes, detached senior living, etc. There is a way to do anything poorly, including single family detached housing. Here is a study that dispels some of the myths and misperceptions about multi-family housing. http://www.nmhc.org/.../Overcoming%20Opposition.pdf September 20 at 2:44pm

Brad Ruthrauff: Mark, your study is quite biased, but it makes sense you would use "White Papers" as a source to try and convince homeowners that multifamily dwellings are needed since you are a Commercial Real Estate Advisor. For those who read the link that Mark has provided be aware that, since the early 1990s, the term "white paper" has been applied to documents used as marketing or sales tools in business. These "white papers" are long-form content designed to promote the products or services from a specific company. As a marketing tool, these papers use selected facts and arguments to build a case favorable to the company sponsoring the document. B2B white papers are often used to generate sales leads, establish, make a business case, or inform and persuade prospective customers, channel partners, journalists, analysts, or investors. In digital marketing, "white papers" are often referred to as a form of content marketing. I doubt anybody would have a misconception of living next door to an apartment complex or to have one directly behind their home. Mark, I would assume you don't live in a house that has a multi-unit dwellings that you can view from your windows? There been recommendations that these types of dwellings be located next door or directly across the street from single family communities. It is a fact that prospective home buyers prefer that their community is adjacent to other single family homes over multifamily dwellings and that home values remain higher when they are located away from multifamily dwellings. September 20 at 6:13pm

Mark Glover: Thanks Brad, This study was published by the Joint Center for Housing Studies of Harvard University. A whitepaper introduced the study if you will look closer. I was just trying to present a valid study, instead of just my opinion. I do agree we don't need multi-family all over Flower Mound. We do need a balance of housing options for our children that grow up, teachers, fireman, and employees. We also need residential options for people to downsize to when the kids fly the coop. I am a commercial real estate advisor and hold a brokerage licence. However, I have never collected a commission on any type of multi-family transaction, and don't anticipate I will in my career. September 20 at 10:59pm

Mark Glover: Here is the direct Harvard Study, if you prefer to go to the source. http://www.jchs.harvard.edu/... September 20 at 11:40pm


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Kia Zaf: I'm in total agreement, Brad Ruthrauff. I was concerned when I attended the Friday night Master Plan meeting and there were no options that increased residential but limited multi-family dwellings. I did feel like the questions were asked in such a way so as to steer participants towards a pre-desired result. Most Flower Mound residents (at least those without any financial interests other than the value of their home and the desire for the continued strength of area schools) would like to develop Flower Mound with continued regard to quality over quantity. Whether you appreciate Flower Mound for it's "country-charm" or want Flower Mound to be "like Southlake" -- the stance towards apartments should be the same -- limit them. A quick call to the City of Southlake asking them how many apartments they have in town will yield the following result ... zero apartments. (I called a few days ago and asked). It is my understanding that our current Master Plan has roughly 8,000 apartments in it (and that is before all of the proposed increases in density that most developers are pushing). How many apartments do we need? We keep reducing the amount of property that could bring jobs into Flower Mound and replacing it with high-density residential that will only strain our infrastructure. I hope that the town does a more detailed analysis of what Flower Mound residents would really like to see with regards to multi-family housing. September 23 at 6:43pm

Our Master Plan: Strengthening the Vision: Kia Zaf - Thank you for attending the meeting on Saturday and for joining the discussion. There were three types of questions asked at both meetings, demographic, background (i.e. what is the vision for the districts), and level of interest questions. The level of interest questions are based on comments already received from the public that are posted on Facebook and online. As stated during the meeting, there were very few questions asked on the Denton Creek District and the FM 2499 corridor because there has been less discussion on those areas. Although apartments have been suggested in the Lakeside Business District, our question did not ask if participants on Thursday and Saturday were interested in apartments, we asked if they were interested in residential, because the current text prohibits any residential. We were asked a similar question on Saturday about the type of residential, quality, and the details. As stated on Saturday, the question is simply to gauge interest in residential options, not to design it. If, from a policy perspective, there is no interest, the Town wants to know that before working on any details (i.e. should the residential be single-family, multifamily, townhomes, what is an appropriate number of units, buffering, location, what are the impacts to water, sewer, parks, roads, schools, what is the level of architectural detail, height, color, etc.). We also mentioned we are still early in the process of reviewing the Master Plan and the discussion with the public is to gauge interest on a variety of topics submitted by residents and stakeholders in Flower Mound. September 24 at 11:47am

Kia Zaf: Thank you for getting back to me. I would love to see some polling done of the residents to determine how they feel about the various types of residential (with some pre-education of how much of that residential type already exists in the town's current master plan), as well as the infrastructure needs (and costs) associated with increasing the town's population density. Everything comes with a price tag, and the residents may not want to foot the bill for residential that burdens our infrastructure. Most residents have no clue that thousands of apartments are already accounted for in the town's existing Master Plan. With that type of knowledge, residents might want to reduce the # of proposed multi-family housing options (rather than increase them). The current survey given at both the Friday and Saturday Master Plan meetings did not allow for


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any choices where you could be interested in increasing certain types of residential, but not others. There are many residents like myself that wouldn't be averse to increasing some residential housing, so long as the housing was not in the form of high-density rental apartments and so long as our taxes or water bills did not substantially increase to support that growth. While apartments are profitable for developers, they never increase the value of homes in the area (and we already have over 8000 apartments allocated in our current Master Plan). Again, thank you for getting back to me. September 24 at 1:26pm

Our Master Plan: Strengthening the Vision: Kia Zaf - Your comment on the Town’s Master Plan allocating over 8,000 apartments is interesting. The current Master Plan does not reflect that number, so we would be interested in knowing how that number was derived. If you can provide more specifics on how you derived the number we are happy to run it through the Land Use Plan and identify where the apartments are located. As background, since 2001 every development application is measured against its impact on Town infrastructure (water, sewer, and roads), services (police and fire), facilities (parks, trails, and schools), environmental quality (floodplain, habitat, etc.) and community character (architectural standards, Urban Design, ect.). This type of review is not unique to Flower Mound, but it is unique that the Town has embodied this type of review within a set of prescribed standards; the SMARTGrowth Program. Any future development will continue to be reviewed for impact which occurs when the Town is in receipt of a development application that provides details on the proposal (i.e. site plan, plat, etc.). September 25 at 10:15am

Kia Zaf: How many apartments does our current Master Plan allow for? I got the 8000 # from several past town officials so the number may not be to-date. If you could let us all know how many apartments our current Master Plan allows for, that would be fantastic! Thank you! September 25 at 10:18am

Our Master Plan: Strengthening the Vision: As you may be aware, the Master Plan does not have an independent designation for "apartments." It does allow for high density residential; which includes any residential uses greater than 5 dwelling units per net acre or greater. The following is how “high density” is defined in the Town’s Master Plan. “Residential development with 5 dwelling units per net acre or greater. Single family detached residential development with 5,000 to 8,000 square foot lots falls within this category, as do zero-lot line houses, duplexes, townhouses and garden apartments.” The only property designated as high density within the Town, that is not developed, is an approximate 3.2 acre tract on the northwest corner of Firewheel Drive and Milford Drive (behind the gas station on FM 1171 and Firewheel, and the office building facing Firewheel). The Town has not seen any real development interest in this tract due to its size limitations. In addition to the current apartments within the Town, there are two mixed-use developments currently under construction that will contain “apartments.” Both The River Walk at Central Park (http://www.flower-mound.com/index.aspx?nid=1143) and Lakeside DFW (http://www.flower-mound.com/index.aspx?nid=1035 ) developments will have high density residential. However, the


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number of those units is estimated to be 1,100 and 1,952 respectfully. Again, this is the number of units that are approved through the Master Plan and zoning for those developments. There are four existing apartment complexes in Town; Park Central Apartments (307 units), Archstone-Lexington Apartments (222 units), The Park at Flower Mound (352 units) (formally Timber Ridge Apartments), and the Marquis at Lantana Apartments (248 units). Together, the existing complexes comprise 1,129 units, and if you add in the maximum allowed in the River Walk and Lakeside DFW, the total number is 4,181 units. As stated during the meeting, we are happy to meet with anyone and step them through each focus area and address any questions or concerns. Please send us an email at [email protected] or call 972.874.6079 to let us know when you would like to meet.

Flower Mound, TX - Official Website - River Walk at Central Park www.flower-mound.com The River Walk at Central Park, River Walk September 26 at 11:35am

Our Master Plan: Strengthening the Vision: Kia Zaf - We did not tag you in the response above about the number of apartments, and we also wanted to clarify the total number of units. We double counted the 307 units for the Park Central Apartments in the total left in the River Walk (1,100). Therefore there are 793 units approved in the River Walk that are undeveloped (1,100 minus 307) which brings the total number of multi-family units built or approved to 3,874. Further, Specific Plan Area 8 (intersection of FM 1171 and US 377) is master planned for a mixed-use development and would have to comply with the Town’s Mixed-Use ordinance. We would expect to see multi-family/apartment uses as part of a mixed-use development proposal and the ultimate number of residential units (single-family, multi-family, townhomes, zero lot-line, etc.) would be part of the application details. As before, we are happy to meet with you any time to step you though this. September 26 at 2:48am

Kia Zaf: Thank you for getting back to me! I did find a source for that apartment # that I noted. It was from a 4/23/12 Town Planning and Zoning meeting. There is a presentation in that meeting's agenda (I'm attaching the link here: http://www.flower-mound.com/ArchiveCenter/ViewFile/Item/294) that notes a breakdown of Non Single-Family Residential Developments -- Attachment 4, page 79. The apartment total was 5,938 (before the addition of the 1952 Lakeside high density residential you mention above). Also, in the video of that meeting, link here: http://flowermoundtx.swagit.com/play/08112013-826, in Item I, Part 2 beginning at the 14:00 minute mark, it's noted that 7,217 total Non-Single Family Residential (apartments, townhouses and condos) had been approved with only 1209 built. One of the Planning and Zoning Board members even remarked that only 16% of that type of housing had been built (and that most residents didn't know that total number). I guess my concern is that residents are being asked to vote for MORE high-density residential without knowledge of how much has ALREADY been approved (and which is coming in the future). I would have loved to


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have seen counts like these given to residents so that we could make informed decisions during the Master Plan meeting. Perhaps we would have even had residents interested in reducing the # of high density residential ... Thank you again. I'll be contacting the # you provided to reach you. September 26 at 3:42

Our Master Plan: Strengthening the Vision: Kia Zaf - Thank you for providing the source. The information posted earlier matches the information presented to the Planning and Zoning Commission last year. In the information from 2012 the total number of approved apartments is 1,938; an additional 4,000 units is listed the SPA 8 area. The status for these units state that the area is only designated as mixed-use in the Master Plan; the concept plan referenced has not been approved by the Town and is used for illustrative purposes only. Therefore, this number was not included in the total as these units are neither approved nor is the development of SPA 8 far enough along to estimate a realistic number (as the number, type, and location depends on various factors). It was indicated apartments would be constructed within the SPA 8 area, but the 4,000 number was not used as it is too speculative. SPA 8 is master planned for Mixed-used, and must follow the Town’s mixed-used regulations. When the Town receives a zoning application for the property, we will have more certainty on the number of residential units, types, and location within SPA 8. The commissioner was incorrect to include those units in his statement. Taking the 1,938 constructed and approved units from the 2012 data and adding the 1,952 maximum apartments from the Lakeside DFW development approved in late 2012 gives a total of 3,890 units. That can be contrasted with the 3,874 apartments estimated in the post earlier. Again, that is taking out the number of units within SPA 8 which are not approved. In regards to “voting” on high density residential, let’s be clear, no one has been asked to vote. We have however asked for people to become engaged in a discussion as part of the ongoing public engagement process. The Town Council if they move forward with changes to the Master Plan will ultimately vote, as will the Planning and Zoning Commission, but that is not what is currently being requested. For example, during the meetings, participates were asked to respond to their interest on allowing residential options in the Lakeside Business district, not high density residential, or apartments specifically. Further, this was based on the understanding the goal of the district (jobs and tax base) is the primary focus. As such, the responses to the live audience polling do not indicate a preference in the type of residential housing; instead, they indicate a preference to consider residential uses, so long as they further the goals of the district (jobs and tax base). The type of residential (single-family detached, apartments, townhomes, zero lot-line, etc.) where it is located, and the impacts are site specific details. Those details are usually provided with a zoning application. That was one of the points discussed during the meeting. However, apartments could be a component of a development proposal that includes retail, commercial, restaurant, and office uses, if a residential option is allowed in the district. If this option is allowed, the developer would have to demonstrate how the entire development furthered the goals of providing jobs and increasing non-residential tax base and the impacts to the Town’s infrastructure would be analyzed. The discussion in 2012 brings up a great point about the demand to have a mixture of housing types. Allow us to provide some background to the item you linked. It was a Planning and Zoning Commission worksession to discuss topics presented to the Town Council during the January 20 and 21, 2012 Strategic Planning Session, and was informational in nature, which means no action was taken by the Town. One of the strategic goals identified in the attachment linked is Flower Mound Flavor (page 30), and one of the long term objectives is “Promote a mixture of housing and development types.” The breakdown, or table, you mention was used to discuss the current and future housing types, and their status with the Council in 2012. What the table does not include are dates the developments were built. The Park at Flower Mound (formally Timber Ridge Apartments) was built in 1984, Archstone-Lexington Apartments was built in 1998, Marquis at Lantana Apartments was built in 1999, and Park Central Apartments was built in 2010. The


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townhomes in the John Ct. and Gayle Ct. area were built in the early 1980s (1983-1985) and would not be considered the level of high-quality that has been asked for by residents who want to downsize, and the same can be said for the older apartment complexes. In short, alternative housing types beyond single-family detached have not been built in Flower Mound since 1999, until the approval of the Park Central Apartments in 2010. The Lakeside Resort & Residences are approved, but as you may know, the hotel pulled off of the construction site shortly after they started in February 2007 and have not indicated when they will restart. Promoting a mixture of housing and development types has long been a discussion, and is not limited to just apartments, and what may or may not happen in SPA 8 (FM 1171 and US 377) will have minimal impact, if any, on the demand for housing types in the Lakeside Business District. Thank you again for providing the source and we look forward to meeting with you. September 27 at 1:49pm

Renee Mani-Doyle: After reading these posts by Brad and Kia it just confirms what I stated at Saturday’s meeting. We need the history of why something was zoned the way it was originally first before we can make educated and informed decisions. We also need to look at the whole master plan and not just parts, because some parts might affect others. There is a cause and affect issue. In my opinion it appears that town staff is only looking out for the benefit of the developer rather than the residents. For example, at the Sept. 21st meeting, we (the residents) were asked how interested are we in allowing residential options in the Lakeside District. Town Staff did not give any history as to why it was zoned Campus Commercial in the first place, only that a developer was seeking possible rezoning. Only after a resident mentioned at the Sept 21st meeting, that when Lakeside was originally zoned Campus Commercial, that it was advised that no residential be zoned their due to the fact of it proximity to the country’s 3rd busiest airport. One reason was the noise and flight patterns of the planes would be a problem for the residents that lived there. (Start listening around the 44:50 mark- through the 47:00 minute mark) Now Doug Powell says, while that is TRUE, those same things COULD change because of the new types of aircrafts being built today. However, something Doug might be missing, airlines rarely replace planes in their fleet. They can last 20-25 years. Here is an article on just that. http://www.cnn.com/.../01/planes.age.dreamliner/index.html In my opinion Doug Powell, will say whatever the developer at the time needs him to say to pass the zoning and he does not look out for the residents. Here is another example. At the P&Z meeting of 1-26-04 Pg 33 Resident Perfecto Solis asked, “Good evening, Mr. Chairman, Commissioners, thank you for having us here this evening. My name is Perfecto Solis and I live at 1909 Ring Teal Lane. That would be up in the northeast quadrant that you see on your map up there. Doug, this question is directed to you. If you could further expand on items B through F, which I believe are the modifications that we are proposing in this process to modify to SPA 9. To further that, I have an addition question. I believe part of those items incorporates changes to increase the building footprint to 25,000 to allow for greater capacity or greater square footage. Is that a viable option, especially for the northeast corner up there? Thank you.” Mr. Powells response: “ Mr. Chairman, again, those additional items, I will go through them again, if you would like. But, I do think they are, in essence, additional restrictions, most of them are restatements of existing zoning ordinance or existing development standards contained in the land development code. However, they do represent new development standards on those two north corners. The issue of the 25,000 square feet, again, the land development code requires any single tenant use in R2 zone to have an SUP. What I didn’t talk about tonight, but I have previously, is the acreage contained in all of these sites. The southwest corner is 18 acres, by and large the largest track. The northeast corner, because of the setbacks and even because of that concept plan; you could not put a store approaching 25,000 square feet. It would not meet


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the concept plan. It would need an SUP and I think it would be physically impossible to put it on that site. “ Now let’s jump to March 18th, 2013 Where Mr. Powell gives a presentation to Town Council to consider a request for a Specific Use Permit (SUP/SP 412-12 -Children's Learning Adventure) to permit a 25,000+ sq ft day care center with a 35,000 sq ft playground, with an exception to Section 82-302, Compatibility buffer of the Code of Ordinances, and to consider adopting an ordinance providing for said amendment. The property is generally located at or about the northeast corner of Flower Mound Road and Morriss Road. (SPA 9) Thank goodness the residents were paying attention and did their research. October 2 at 1:13am

Our Master Plan: Strengthening the Vision: Renee Mani-Doyle - As stated during the meeting on September 21, the history of why property is zoned ends with the Master Plan’s Land Use Plan. Also discussed was pursuant to the Town’s codes, property that is zoned must be in conformance with the Town’s Land Use Plan. To find history of why property has certain land uses, all of the Town’s historical master plans are posted online for public view, which was also discussed during the meeting. In regards to Lakeside, it has been planned as some form of commercial and/or industrial uses since 1981, predominantly due to location to the airport and access to SH 121. A municipality’s Land Use Plan drives all others (transportation, water, wastewater, etc.). If there are any changes to the Town’s Land Use Plan as a result of this process, all other plans that may be impacted by those changes will be evaluated. In regards to the Lakeside Business District, and its proximity to the airport, we have posted the Avigation Easement map for the Town, along with the companion ordinance online under the Lakeside Business District focus area. Here is Section 4 of the ordinance approved in 1984, “Any party desiring to construct any improvements which require the obtaining of a building permit and/or a certificate of occupancy on any property which is located within the area delineated as Zone "B" and/or Zone "C" on the map shall execute an Avigation Easement and Release in the form described in Section 5 of this Ordinance as a condition precedent to the obtaining of a building permit and/or a certificate of occupancy. The Avigation Easement and Release shall be filed for record in the Deed Records of Denton County, Texas, and shall constitute a covenant running with the land.” The easement does not prevent development, but does put landowners and potential buyers on notice that planes will be flying over. For example, as you will see from the map, a substantial portion of Town between Morriss/Geauralt Road to the eastern limits of the Town and south of FM 1171 are in Zone B which requires this easement. The neighborhood behind the northeast corner of Morriss Road and Flower Mound Road, which includes Tealwood Oaks, was platted in September 1992; eight years after the Town adopted the ordinance requiring the easement. In fact, many of the residential neighborhoods in Zone B were developed after the Town adopted the ordinance. Let’s be clear, this easement does not impact a landowner’s ability to develop. In fact, the City of Irving recently approved a housing development 600 yards from one of the airport’s runways. Fortunately, this situation does not exist in Flower Mound. However, the story further demonstrates that development is not precluded by proximity to an airport. http://www.dallasnews.com/... Finally, Avigation Easements were most recently addressed in the 1994 Comprehensive Master Plan (page 39 and 40 of the PDF). This section states, in part, “Current Ldn forecasts for DFW indicate no measurable adverse impact in Flower Mound. These forecasts are based on


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projections of the future mix of aircraft types anticipated to be operating out of DFW, including a higher proportion of Stage III aircraft, which are considerably quieter than many aircraft still in operation. The section continues with “The Town is waiting for issues of noise measurements and DFW aircraft operating procedures to be clarified to its satisfaction. Meanwhile, it is desirable to limit the types of land uses in the southeastern part of Flower Mound to those which would be least adversely affect by noise from aircraft operations, unless property owners or developers can demonstrate to the satisfaction of the Planning and Zoning Commission and the Town Council that their proposed development would not be adversely affected by aircraft noise.” Airport noise was also addressed in the 1981 Master Plan (pages 18 and 19 of the PDF). Both the 1981 plan and the 1994 plan provide historical information as mentioned above. In the same way that aircraft technology has changed over the past 19 years, so have building codes. Building technologies have progressed in the past 19 years and one result of the State mandated energy codes is that today’s homes are better insulated (doors, windows, walls), and along with newer construction requirements, work to reduce outdoor ambient noise within homes and businesses. The supposition of a staff member is unwarranted, off topic, and does not contribute in any way to the discussion about residential land uses within the Lakeside Business District or topics discussed in this thread. If you have concerns, or a desire to further your understanding of the situation described, please directly contact the staff member(s) involved.

Irving City Council approves neighborhood 600 yards from D/FW Airport runway www.dallasnews.com Some say the development sounds like a terrible place to live, while others say people will move there despite its location. October 2 at 2:42pm

Mark Glover: Is there, or can the Town obtain, data on the occupancy rates of the different multifamily and higher density residential options in Flower Mound? Also, how does Flower Mound compare to similar cities with the various housing types? Both would be good to understand. October 2 at 11:17pm

Kendra Stephenson: These conversations should not be turned in to personal attacks. The previous poster has one view. It does not consider the rights potential business owners have to


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bring forward requests. In the situation above, the process worked exactly as intended. An SUP was request and an SUP was denied. October 3 at 4:54pm via mobile

Our Master Plan: Strengthening the Vision: Mark Glover - The Town currently has four existing apartment complexes; Park Central Apartments (307 units), Archstone-Lexington Apartments (222 units), The Park at Flower Mound (352 units) (formally Timber Ridge Apartments), and the Marquis at Lantana Apartments (248 units). Since there are only four apartment complexes in Town we called each complex about their occupancy: Park Central Apartments (90% - current / 95% pre-lease), Archstone-Lexington Apartments (95.5% / 95.5%), The Park at Flower Mound (95% / 97%), and the Marquis at Lantana Apartments (96% / 89%). More information can be obtained through Census Data; however, their website is currently shut down. The Town has not conducted a benchmark survey in regard to housing types. Is there specific information you are looking for? For example, is the stock of housing products enough, or should it include the proportion to population, or other demographics? It would seem professionals in the residential real estate community may have data on housing options in the area. Generally, the Town has a majority of single-family detached housing. There are townhome type products in the Timber Creek area that were built in 1983-1985. The Town has four apartment complexes described above, and future housing stock will be built in Canyon Falls (predominately single-family detached), and in SPA 8 (FM 1171-US 377) which could be a variety of housing types. Projects that have been approved include: the River Walk which will have additional residential units in addition to the Park Central Apartments, the new Lakeside DFW development that will provide for various housing types, and the condominium building that was approved with the hotel project that stopped in 2008. That being said, each community’s housing needs are different, and it would be difficult to draw a comparison between the Town’s neighboring cities or other cities in the metroplex area. We hope this helps, please let us know if you have any more specifics. October 8, at 2:22

Tom Goss: Re: Lifecyle of our SPAs. It seems to me that we have several SPAs which are 75-80% complete with the remaining undeveloped land sitting dormant. Would it make sense make a decision that once a SPA reaches that level of completion that the SPA be abolished to allow a more creative completion of the final portion of undeveloped land. The Town will still have its Land Use Regs and Zoning to control undesirable uses but it might give more options to the development community to build out the SPA area.

September 14 at 9:38am


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Kendra Stephenson: I've talked with residents who want the Cross Timbers and Denton Creek areas to stay in their current states. My understanding is this means no development other than what is already there. Since these areas are currently master planned and/or zoned for residential and commercial development, is this possible?

September 5 at 2:46

Our Master Plan: Strengthening the Vision: Kendra Stephenson - You are correct that those areas are allowed to development under the current master plan and zoning regulations. The Town has also heard a similar comment about the Cross Timbers Conservation Development District prohibiting development. That comment was among the first addressed in our frequently asked questions (linked below). The Town cannot preclude development in these areas without compensating the property owners. Obviously, there are many more implications to purchasing that much land by the Town, not least of which is losing viable commercial tax base in the Denton Creek District. Find FAQs here: http://www.flower-mound.com/index.aspx?NID=1176

Flower Mound, TX - Official Website - FAQs http://www.flower-mound.com/index.aspx?NID=1176


Lydia Bristol: We just moved to Flower Mound from Seattle, WA. We are in our early 30's and didn't want to buy a house right away. The apartment situation in flower mound is very strange. There are only 3 complexes from which to choose. They are also mostly at full capacity as well. Those complexes aren't located near grocery stores, parks, restaurants or even sidewalks either! It makes living here difficult. We find ourselves in Dallas most weekends. We would rather spend our money locally but there are no major shopping areas.

Also, there aren't sidewalks in most places. Coming from Seattle where walkability is key to business growth and population, Flower Mound is really lacking in this. I realize there are 30 something miles of trails, but its almost impossible to find trail maps or even find signs for where the trails begin and end and their lengths. This seems like an easy fix and low hanging fruit. Also perhaps bringing in a farmers market to somewhere like Parker Square on the weekends might really help!

I think Mark Glover has been hitting the mark with the questions he is posing on this page. I agree with his sentiments


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Carol Langdon Kohankie: Lidia,


Our Master Plan: Strengthening the Vision: Lydia Bristol - Welcome to Flower Mound, and thank you for engaging in this process. The Town works diligently to provide residents with high-quality shopping and dining opportunities. Our major shopping centers (Highlands Ranch, Highlands of Flower Mound, Highlands Plaza, Roberston’s Creek, River Walk Market) contain many of the top national brands, and we are actively recruiting other desirable retailers and restaurants. As an example, Market Street, Academy, and La Madeleine will open for business this fall. Both Lakeside DFW and the River Walk at Central Park currently under construction will also provide excellent retail and dining. We welcome your input in the retail and restaurant survey being conducted through Sept. 13 - www.flower-mound.com/survey. For a complete listing of every retailer and restaurant in Flower Mound, visit www.livinglocalfm.com.

In Flower Mound, new sidewalks are installed with development projects (residential or commercial). For that reason, there are gaps in the sidewalk system on arterial and collector streets where development has not yet occurred. If the sidewalks are built prior to development, they have to be removed, and then reinstalled with the development. That said, there are gaps in the sidewalk system on arterial and collector streets adjacent to existing residential and commercial developments built prior to the current sidewalk requirements. The estimated cost of completing the sidewalk gaps adjacent to existing residential and commercial developments on arterial and collector streets is $ 1.3M. With support from the Town’s Transportation Commission, funding to address these gaps was part of the Town’s Fiscal Year 12/13 and the proposed Fiscal Year 13/14 Budget in the amounts of $150K and $100K, respectively. The Transportation Commission is committed to obtaining future funding to eliminate the gaps in the sidewalk system. In short, the Town is working diligently to fill in the gaps adjacent to existing developments along major roadways.

We hope you find this information helpful, and we look forward to your thoughts on the Master Plan.

2013 Resident Retail/Restaurant Preference Survey

www.surveymonkey.com

Flower Mound’s Economic Development Department is conducting a survey to determine resident shopping and dining preferences to assist with recruiting restaurants and retailers to Flower Mound. The deadline to submit your response is September 13.



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Our Master Plan: Strengthening the Vision: Lydia Bristol - To address your statement on trials, you can find information online at the link below. The Town is currently working on an overall map that identifies the Town’s named trails (Purple Coneflower, Indian Blanket, Pink Evening Primrose, etc.) which should be ready this fall. The Town is also creating trail specific maps. In regards to markers, the Town is currently installing trail markers and has completed the Purple Coneflower Trail. In addition to markers, the Town is adding amenities such as benches, trash receptacles, pet waste stations, trail heads, and way-finding kiosks. As you can imagine all of these additions will take time to complete. If you would like additional information, please contact the Town’s Parks, Trails & Landscape Specialist, Kari Biddix at 972.874.6278.

http://www.flower-mound.com/index.aspx?nid=795

Flower Mound, TX - Official Website - Parks and Trails


Parks and Trails




Kendra Stephenson:One thing that is tough about Parker Square is the lack of night time traffic that could be helped by some type of residential component. Flower Mound has long been hesitant to implement residential that could fit into Parker Square. The type of residential that could fit into Parker Square is exactly the type of residential we need to address young professionals, empty nesters, seniors and the growing trend for residential that does not include large yards and a desire for walkability.



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Mark Glover:Parker Square was fundamentally flawed from inception. It is not in a good location, does not have adequate foot traffic with disposable income, and does not have anchor users to draw in destination traffic. Not easy problems to fix. The location part can never be fixed. NCTC has helped, but brings problems too with all the parking requirements of students, who really don't spend a lot of money at Parker Square. This is not a real campus for NCTC, and NCTC has about maxed out in the only building they have at Parker Square. The Parker Square buildings are not well suited or cost effective to retrofit to the needs of today's college classroom and NCTC needs a real campus, like every other successful Community College District has (Collin, Tarrant, Dallas, etc).

The new private high school may have some positive impact, but is just getting started in the building they purchased. They could possibly expand to another building in time. I agree that building dense residential (multifamily or town homes) may help, but I'm not sure there is enough land to build the quantity of residential traffic needed to support Parker Square. The problems with Parker Square are significant and more than the Town of Flower Mound can be expected to address with taxpayer money. The market may have to sort this one out and determine what Parker Square will ultimately be.

There are lessons to be learned for the Master Plan Revisions from Parker Square. These type of projects need to be in high traffic locations, have residential components to provide foot traffic, and have anchor tenants to draw in traffic with disposable income.


Mark Glover: The Lakeside Business District was Master Planned as campus commercial, which has not occurred in the US or DFW Metroplex in over twenty years. The vision was that south 2499 area would fill in like Legacy in Plano did with corporations like Frito Lay, JC Penney, and EDS decades ago. For the most part, what has developed is a warehouse and industrial district, along with a lot of vacant land. Fortune 500 office users require a complete development with high end office space, retail, restaurants, entertainment, and residential options within walking distance. Successful office developments that have been built and are being built have the live, work and play elements that employees require. Corporations recognize that they need to provide these amenities to attract and retain a quality workforce. If Flower Mound is to compete for Class A Office Developments in the Lakeside Business District, it has to allow for complete developments with retail..., restaurant and residential components - all within the same development. Currently, the residential component is not allowed for in the Master Plan. Here are some excerpts from reports and news media that support this requirement:


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• Generation Y resists working in isolated office-park campuses, which require a car for the commute. 2013 Emerging Trends in Real Estate, Urban Land Institute

• Companies making decisions about where to locate today are focused on where talented young workers want to be instead of—as in the past—where CEOs want to live. Shifting Suburbs, Urban Land Institute, 2012

• Employers care about where their employees will shop, eat, and live. Office tenants can be enticed by retail and restaurant offerings and residential opportunities. Shifting Suburbs, City Centre, Houston, Urban Land Institute, 2012

• Office tenants want to see the amenities, such as retail, the trails and the lake, in an office campus," Lucy Billingsley said. "They want a quality environment for their associates.“ Dallas Business Journal, Why there’s a growing number of DFW Corporate Campuses

• “…companies want to set up shop in an interactive, dense environment with a variety of apartments, retail and restaurants to support the employment base”, according to Jim Manskey. Dallas Business Journal, Why there’s a growing number of DFW Corporate Campuses

August 27 at 8:46am

Paul Stone: II agree with Mark Glover and have, in fact, submitted information directly to staff regarding the resurrection of the concept of a Lakeside Shuttle as proposed by the 2008 Transportation Commission during the MP Thoroughfare Plan update. As Tim Trotter stated, “The time is just not right”. Well, I offer with the way the TXRail project is moving, NOW may be the right time.

August 20 at 5:17pm

Tim Trotter: Yes, Paul Stone, many things have changed since that last review in 2008. We now have residential going into Lakeside. We have Dart just a little over a year away from rail service into DFW Airport. We have the TRE planning a station in Grapevine. A shuttle from Lakeside and south Flower Mound into the DFW Dart station and the Grapevine TRE station makes alot more sense now. Good things do come to those of us who wait for plans to come into play. This is definitely worth looking into with these changes that have taken place over the last few years.

August 20 at 8:17pm


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Our Master Plan: Strengthening the Vision: Paul Stone and Tim Trotter - Thank you for the comments. We posted information online for the 2009 Master Transportation Plan Update. We would like to hear more thoghts on this topic. Please visit the Our Master Plan project page at http://www.flower-mound.com/index.aspx?NID=1200.

Flower Mound, TX - Official Website - 2009 Transportation Plan Update


2009 Transportation Plan Update

August 22 at 12:10pm

Mark Glover: I heard at one of the recent Town meetings that there are not any residential products that have been permitted or are planned below the $350K price level. I have also heard that Flower Mound needs balance from several leaders in Flower Mound, which I agree with. My questions are: Where do our 20 something year old kids, teachers, fireman, policeman, nurses, and others live if they can't afford a $350 - $550K home or town home? We need them in this community too. Also, where are the people that will work in the developments coming online going to live? Where do the Baby Boomer move if they want to downsize to eliminate yard work, maintenance, and that home that is too large for them now?

August 20 at 5:00pm near Flower Mound

Becky Pearce: I completely agree Mark. We love living in FM but we have neither the means nor the desire to live in a $350k house. I certainly don't want to see a lot of apartment complexes dropped into town, but I think it's reasonable to expect there will at least be some homes in the $225+ range.

August 21 at 9:23am

Kim Schoen Wall :Interesting discussion to have. It would be interesting to see a complete breakdown of homes in Flower Mound by size and price. Because while I see your point, I also can't help but wonder what would happen to the prices of existing homes in those price ranges. Like, why would someone want to buy an existing $200,000 home when they can get a brand new one and pick out all their "new stuff"? I would wonder what would happen to those older existing homes, the ones we would want fresh new blood to come into and pour into their new


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starter home all their creativity and sweat LOL. It seems like people would still want those homes even though they might take more work, to get into our great city with its great schools, but I'm not sure what would happen to those starter homes when there are homes out there for the same price that don't require any work? Again, just trying to think out loud LOL. I know people who are currently in that downsizing mode and have moved from an over $300,000 home to smaller but they didn't have any problems finding anything, but time may play that out differently....again, would be a good discussion!

August 21 at 9:24am

Our Master Plan: Strengthening the Vision: Mark Glover, Becky Pearce, and Kim Schoen Wall - This is a great discussion and thank you for participating. One of the purposes of a Master Plan is to balance land uses (industrial, retail, office, residential, etc.) and the Town is preempted by federal law from considering home pricing in land use decisions. Price points for homes, and how new and existing homes are bought and sold, is determined by the market. Again, a master plan aims to provide balance among land uses in order to diversify value. Addressing needs for empty nesters, and seniors was a topic of the 2006 Master Plan Update Steering Committee, and you can review their report at http://www.flower-mound.com/index.aspx?NID=1177. The link is at the end of paragraph five.

Examining the Town’s residential products is important. How diverse should the Town be, and how would you suggest prioritizing the housing types, and their location in Town?

Flower Mound, TX - Official Website - Historical Master Plans


Historical Master Plans


Kim Schoen Wall: Being close to an empty nester situation myself, one area I see more deficiencies in is not so much in price, but home types. We do not have many one story homes. I recently had a friend looking to downsize into a one story home and they literally could not find anything that didnt require a lot of work (older home) here in Flo Mo. They ended up building up in Prosper. People are willing to do that kind of work for their starter homes, but it's different once you get up there in age and need to downsize for economic or health reasons where you definately need a one story. Just a thought.



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Our Master Plan: Strengthening the Vision: Kim Schoen Wall - That is an interesting thought. Like home pricing, the development of single-story vs. two-story homes are market driven. That in mind, is this a large enough issue to address with this review of the Master Plan? If so, since the land use plan dictates density through minimum lot sizes (i.e. 10,000 square foot lots = Medium Density), how should the Town capture this market in addition to what Mark Glover and Becky Pearce describe?

August 22 at 4:22pm

Kim Schoen Wall: Wish I knew the answer :-). I only know that we are losing residents because of this issue. I live near that Villa Maura (sp?) subdivision going in on Simmons. We were led to believe those homes were more geared towards older folks who didn't want to keep up yards. But the houses going in all look like more two stories which makes no sense. I can pay someone to keep up my lawn, I can't pay someone to carry me up and down stairs LOL. We have a few years left before we are ready for our downsize, but when it happens, I recently saw a great subdivision in High

August 22 at 4:37pm

Kim Schoen Wall: land Village with almost all one story homes. We will probably have to head north when the time comes as there isn't many options here :-(

August 22 at 4:38pm

Mark Glover: I have sat down with over thirty residents in the last month to discuss a variety of issues and needs in Flower Mound. We are collecting citizen input for Southgate At Flower Mound. I keep hearing the same story, Flower Mound needs a residential product for Baby Boomers to down size. It needs to cost 250K or below, be low maintenance, one story, and could be zero lot line. An old Flower Mound friend of mine just bought a similar type home up on 380 near Prosper and had to move out of the area because Flower Mound does not have this option. I also hear that we need residential options for young professionals a lot. They want more of a live, work and play development, but the residential piece needs to fit their budget.


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Younger to middle aged families will probably continue to gravitate to our existing housing inventory and the products that are coming on line. There are plenty of buyers in this group as well, and this is why many homes are closing within days of going on the market. We are doing market studies by the best consultants we can find to validate what we are hearing. But we definitely believe that the Master Plan should allow residential options in the Lakeside Business District. Successful office, retail, and restaurant development will not occur without the "live" component of the live, work and play developments that the market demands. I can't think of a better location in Flower Mound for this type of residential option.

August 30 at 8:48am

Kim Schoen Wall: I have friends that had to go to Prosper as well to find what they were looking for in a one story home when they downsized. I've always said that Flower Mound is an incredible place to raise a family. We just need some focus on also making it a great plae to continue to live AFTER you have raised your family :-)

August 30 at 8:58am

Debbie McClour Osborne: Mark, I so agree. My husband and I want to downsize from our 3,000 sq. ft. home, but we haven't been able to find a size we like in a decent neighborhood.


Kristina Smith-Payne: There are plenty of homes in Flower Mound (not new construction) available below $350k. Stone Hill Farms is a wonderful neighborhood with over 500 homes, most valued below $350,000.


Renee Mani-Doyle: http://realestate.msn.com/massive-rent-increases-to-continue

Massive rent increases to continue - MSN Real Estate

realestate.msn.com


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The average annual increase of 3.9% is outpacing inflation and income growth. Will renters be priced out of many cities?

October 10 at 9:48am · Like · Remove Preview

Mark Glover: An article in the Dallas Morning News this week reinforces the point about the shortage of housing options, especially below the $350K mark. This includes existing home inventory which is at a 20 year low, by another article in the DMN. http://www.dallasnews.com/...

Lower construction volumes and more affluent buyers are the story in Dallas’ homebuilding market

www.dallasnews.com

New home construction in North Texas is still running less than half of what it was before the recession.

October 11 at 6:26pm · Like · Remove Preview

David Magee: Lewisville ,carrolton , Denton grapevine.

October 11 at 7:52pm via mobile

Mark Glover: Gas prices and traffic congestion are changing lifestyle preferences. Younger generations and Baby-Boomers alike prefer complete developments that offer live, work and play amenities. Large corporations recognize this trend, and are selecting office locations where employees can avoid long car commutes. Availability of a transit system is also on the checklist of corporations when selecting office locations. Flower Mounds southern border will be approximately three miles from the DFW Airport TEXrail Station scheduled to open in 2016. http://www.texrail.com/.

The previous Master Plan considered a loop around the Lakeside Business District where commercial developments like Lakeside DFW and Southgate At Flower Mound could move employees to and from the transit stations at DFW. This would be an asset to bringing corporate office users to Flower and lower


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traffic in the business district. This transit loop should be considered with this Master Plan revision. It would also be an amenity for citizens that want to ride the rail to Maverick games, The State Fair, and other events in the Metroplex.

TEX Rail | Home

www.texrail.com

August 17 at 12:19pm near Flower Mound

Tom Goss: Good idea Mark. I would suggest also extending the loop thru Lakeside DFW

August 20 at 3:23pm

Mark Glover: Tom, I recommend running it throughout the Lakeside Business District. There was a loop exhibit in the previous Master Plan Review, but it did not make that Master Plan Update. I have a PDF copy of it, but not sure how to post here.

August 20 at 5:07pm

Kendra Stephenson: Mark, I'd love to see that. Not sure how to post it though.

August 21 at 9:11am

Our Master Plan: Strengthening the Vision: Tom Goss, Mark Glover, and Kendra Stephenson - Thank you for the comments. Information on the 2009 Master Transportation Plan is posted online at the link below. The loop though the Lakeside Business District is in the staff presentation. Paul Stone has also commented on this and we would like to hear more. http://www.flower-mound.com/index.aspx?NID=1200

Flower Mound, TX - Official Website - 2009 Transportation Plan Update


2009 Transportation Plan Update



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Kendra Stephenson: Thanks for posting the presentation. It is certainly worth looking at this. It should be a potential benefit for major businesses that are looking a relocating to FM. Easy airport access might help overcome the advantage Grapevine has built with the hotels and shopping adjacent to the airport.

I've also heard of a few FM residents that utilize the Carrolton DART station for part of their downtown commute.

August 22 at 12:48pm via mobile


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EMAIL CORRESPONDENCE BY FOCUS AREA

The following correspondence is also posted online for each Focus Area

1. Lakeside Business District: http://www.flower-mound.com/index.aspx?NID=1206 a. Elmer C. Powell proposal: http://www.flower-mound.com/index.aspx?NID=1195

2. Cross Timber Conservation Development District: http://www.flower-

mound.com/index.aspx?nid=1207

3. Denton Creek District: No email correspondence received

4. FM 2499 Commercial Corridor: http://www.flower-mound.com/index.aspx?nid=1213

Jump to the focus area in this document


2. Cross Timber Conservation Development District:

3. Denton Creek District: No email correspondence received

4. FM 2499 Commercial Corridor:

Attachment 6: Email Correspondence by Focus AreaAttachment 1: Planning and Zoning Commission Staff Report

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October 11, 2013 www.flower‐mound.com/ourmasterplan Re: Powell property 23.65 acres located in the Lakeside Business District listed in the Denton County records as property 20159 on the attached map. I would like to revise my letter of September 10, 2013 concerning my Master Plan comments after extensive discussions with both potential developers and Flower Mound residents. After the kick off of the Lakeside DFW construction I have been approached by potential developers to extend the Lakeside DFW concept across FM 2499 to the adjoining Crosby property and my property. Initially my approach to the Master Plan was to have my property designated as Campus Industrial. Now, a much higher use is proposed by the potential developers and Flower Mound residents. The north side of my property is on Spinks Road and across the street from Bluebonnet Elementary and the middle school. A more appropriate use for the Crosby property on the corners of FM2499, Lakeside and Spinks road, as well as my property, is a use that provides retail, garden office and single family residential. The reoccurring Master Plan review provides an opportunity for the Town of Flower Mound to rethink the development approach and that is just what I did after the discussions with potential developers and Flower Mound residents. The central core of the Lakeside development was my family’s farm (McPherson) which was purchased in 1903 and my mother and dad developed Shady Point Acres to the west of the Lakeside DFW development. My family and I have been long time property owners in Flower Mound and my objective has always been to support the high quality development the Master Plan provides for Flower Mound. Consideration of my comments will be appreciated. Sincerely, Elmer C. Powell Jr. 804 west Colorado Blvd. Dallas, Texas 75208 [email protected] Cell: 214‐354‐2524 Home: 214‐946‐8295 Cc: Tom Hayden, Jimmy Stathatos, Mark Wood, Bill Reese


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September 10, 2013 www.flower‐mound.com/ourmasterplan Re: Powell property 23.65 acres located in the Lakeside Business District listed in the Denton county records as property 20159 on the attached map. My property is currently shown on the Master Plan as having a designation as Campus Commercial zoning. However the property to my east (property 302132) has a zoning designation as Campus Industrial. As you are aware, Granite Development (Lakeside Commerce Center) has built several large bulk distribution warehouses farther to the east. The adjoining property on my east side, owned by Gemmy Industries and the residual Silveron property, is currently under contract for a 400,000‐sf distribution center. The Town of Flower Mound approved a request by TXU to build a 138KW high voltage transmission line. There is also an Oncor electrical distribution substation along the transmission line. Since on the east I have property designated as Industrial, and on the west a high voltage transmission line and an Oncor substation, they effectively cut me off from any retail uses and overflow from any development on the adjoining property on FM2499 owned by Ron Crosby. Therefore, I believe the best zoning for the Powell property is an Industrial Zoning I have listed the two types of zoning designations below: Campus Commercial – Large scale developments such as corporate offices, office parks, hotels, resorts and similar uses, in a planned campus setting. Retail and restaurant uses serving the campus commercial uses could be included, if they are planned as integral elements of the developments. Residential uses are appropriate only for a luxury condominium tower within a four‐star hotel development to be located at 2900 Lakeside Parkway Campus Industrial – Large scale developments such as corporate offices, office parks, service/repair, light industry, clean assembly, and similar uses, in a planned campus setting. Retail and restaurant uses serving the campus industrial uses could be included, if they are planned as integral elements of the developments. I would appreciate your assistance in effecting this change to Industrial for my property. If I can be of additional assistance please contact me at the address or telephone numbers listed at the bottom of this letter Sincerely, Elmer C. Powell Jr. 804 West Colorado Blvd. Dallas, Texas 75208 [email protected] Cell: 214‐354‐2524 Home: 214‐946‐8295 Cc: Tom Hayden, Jimmy Stathatos, Mark Wood, Bill Reese


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Attachment 6: Email Correspondence by Focus AreaAttachment 1: Planning and Zoning Commission Staff ReportPage 486 of 555

mileskm

11

For More InformationPlease Contact: Reese Commercial RealtyBill [email protected]

RCR Reese Commercial Realty

J. William (Bill) Reese

President

Phone: (972) 754-1661 720 Rankin Drive Fax: (817) 280-9318 Bedford, TX 76022-7435 Email: [email protected] Texas Broker License #0281683



President

Phone: (972) 754-1661 720 Rankin Drive Fax: (817) 280-9318 Bedford, TX 76022-7435

Email: [email protected] Texas Broker License #0281683



President




President





President



Flower Mound, TX (Dallas - Fort Worth Metroplex)Up to 23.65 Acres of Vacant Land For Sale

Located Between Lakeside Pkwy. and Spinks Rd., East of FM 2499

SUBJECT

GrapevineLake

feetmeters

104

SUBJECT

Lakeside Parkway

FM 2499

Spinks Road


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For More InformationPlease Contact: Reese Commercial RealtyBill [email protected]

Locator MapExecutive Summary• Demographics:(3miles) Population:48,477 Projected5-yearGrowth:8.71% MedianHouseholdIncome:$98,727 MedianHousing:$220,938

• CityofFlowerMoundmasterplanned“CampusCommercial”(currently“Agriculture”zoning)

• CityofFlowerMoundwaterandsewerarelocatedalongLakesideParkway,afour-lane(plannedsix-lane)boulevardextendingfromFM2499toSH121.DualpowerserviceprovidedbyTXUandCoServ;fiberopticstobeextendedalongLakesideParkwaybymultipleproviders.

Thisinformationhasbeenobtainedfromsourcesbelievedreliable.Wehavenotverifieditandmakenoguarantee,warrantyorrepresentationaboutit.Anyprojections,opinions,assumptionsorestimatesusedareforexampleonlyanddonotrepresentthecurrentorfutureperformanceoftheproperty.Youandyouradvisorsshouldconductacareful,independentinvestigationofthepropertytodeterminetoyoursatisfactionthesuitabilityofthepropertyforyourneeds.



President




President





President




President





President



ThispropertyislocatedinthecenteroftheDallas-FortWorthMetroplex,northofD/FWAirport.Access is from two signalized intersectionson FM 2499with frontage on both LakesidePkwy.andSpinksRd.HomeDepotdevelopedanupscalestoreonpartofthistract.LocatedintheLakesideBusinessDistrict,thecommercialareathatFlowerMoundimprovedwithstreetsand utilities, the site is surrounded by majorcommercial, mixed-use projects: LakesideDFW, Lakeside International, HillwoodDevelopment’s Lakeside Trade Center andGranite Properties’ Lakeside CommerceCenter.Itscentrallocationandcloseproximityto D/FWAirport and Grapevine Lake makethispropertyidealforcorporateheadquarters,flex-office,retailordistribution.

Flower Mound, TX (Dallas - Fort Worth Metroplex)Up to 23.65 Acres of Vacant Land For Sale

Located Between Lakeside Pkwy. and Spinks Rd., East of FM 2499


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Tommy Dalton

From: Tom Goss <[email protected]>Sent: Saturday, August 17, 2013 12:22 PMTo: Tommy DaltonSubject: Lakeside Business DistrictAttachments: IMG.pdf

Tommy, More thoughts to include in the Master Plan review process. I've attached a PDF file of the Lakeside Business District with my notes. Specifically, I think we need to change the land use on the south side of FM2499 to High Density Residential. This will continue the apartment trend originating in Grapevine and allow for upscale units or townhouses overlooking the Grapevine Golf Course. It would also supplement the residential components of Lakeside DFW. As far as the density opponents go, this area is so far south of the main area of FM that it should not be a problem. For the north side, I'd suggest Commercial with C-2 zoning for about 1/4 of the land area bordering FM2499. That would allow commercial development to support the High Density housing and for service businesses to take advantage of the huge traffic counts on FM2499. I don't think it is realistic any longer to hope for Campus Commercial to fill the space. Let me know if you have any questions, Tom Goss


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Cross Timbers Conservation Development

District


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1

Tommy Dalton

From: Ron Stewart <[email protected]>Sent: Thursday, September 05, 2013 1:48 PMTo: Tommy DaltonSubject: TOFM Master PlanAttachments: NTCOG ISWM DMSD.pdf

Tommy Based on our conversations last night at ECC I wanted to weigh in with my thoughts, particularly in the Cross Timbers Conservation Development District. After going to several seminars on Conservation Development with Town of Flower Mound, Upper Trinity Water District, North Texas Council of Governments and during the last 10 years at the Texas Chapter of the American Society of Landscape Architects, I think it would be worthwhile to study the North Texas Council of Governments “Integrated Storm Water Management Design Manual for Site Development”. In particular Chapter 1, Storm Water Management System Planning and Design, is a very helpful tool. For the residential component of the CTCDD, the guidelines for “Cluster Development” would be very applicable and easy to apply. The guidelines end up with the same goals as the current TOFM code, but allow for more flexibility and a wider market appeal. Instead of “reinventing the wheel” with hours of staff investment, I think a strong reference to the NTCOG manual would be helpful. I have attached a few pages from the ISWM DDMSD as an example of what I am talking about. If you have any questions, please feel free to contact me. Also please feel free to post the attachment and the green verbiage above.

Ron Stewart, A.S.L.A. Senior Landscape Architect [email protected]

a Division of G&A Consultants, LLC 111 Hillside Drive Lewisville, Texas 75057 P: 972.317.0276 F: 972.436.9715 _____ This e-mail and any attachments may contain confidential and privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this e-mail and destroy any copies. Any dissemination or use of this information by a person other than the intended recipient is unauthorized and may be illegal. Unless otherwise stated, opinions expressed in this e-mail are those of the author and may not reflect the view or opinions of G&A Consultants, LLC, or any party it is representing.


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FM 2499 Commercial Corridor between FM 1171

and FM 407


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Mr. Tommy Dalton, Hello! My husband and I just moved to Flower Mound (officially closed on our home this week). We purchased a home on Cottonwood Drive, off of Rippy Road and FM 2499. We bring with us two businesses and two beautiful treasure girls, 4 years of age and 8 months of age. We were aware of the coming River Walk and were excited to be planted near the Walk. The family-focused atmosphere, citizen-conscious administration and eco-friendly environment were a few of our reasons for choosing a home in Flower Mound. As a new resident I have some thoughts on what you have shared in your plans, as I have understood them, as well as ideas for alternative, cost-generative business models per your request1. I am writing this letter for your consideration as I will be unable to attend the meetings. “The drawings illustrating each Specific Plan are not intended to be taken as literal designs, but as diagrams which illustrate the planning2 and design intent3.” Just to be clear, I do not know how else to receive your information except as literal and definitive, except for the purpose of discussion of your being open to new ideas. Item A: The medical inclusion is cost-generative for medicine but less so for the town; is population demographic of our town more comprised of elderly? The addition of care centered on aging populations does make sense as baby-boomers bring their parents close for supervisory home or nursing care. However, what about the requirement for the new offices? Type? Perhaps limit them to only a single provider of each specialty per distance radius and then ask the provider to pay the following in fees and taxes:

(1) A fee for the right to have the exclusionary practice rights for the zone in which they purchased.

(2) A fee for the right to have a growing practice, allocated by the number of partners and associated costs (e.g., parking, etc.) of a growing practice.

(3) A fee for advertising placement on the town’s website and in local publications and school bulletins for their assigned area (all mandatory).

Item B: Retail is already nearby and comprehensive in its offerings. The only inconvenient piece missing is a gasoline station such as Racetrac or QuickTrip. The benefit of these is not only the convenience to the medical office but the inexpensive sources of sugar or protein for any patient who has just had a procedure completed or had blood drawn and may feel weak and need sustenance. Especially as the reputation of the area grows for being a centralized source of healthcare you will attract more out-of-town visitors, all of whom would greatly benefit from these services. 1 Questions: Is the Vision for this corridor what you expected? Should the land use be amended to meet the goals: 1) office, 2) retail, 3) residential? Are there other commercial opportunities the Town should pursue in this area other than retail and office? Should this area be reevaluated in response to the development of the Hospital and The River Walk at Central Park? 2 to know for the future 3 purpose (n) or resolve (v)


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Item C: How is low-density residential retained with all of the proposed changes? What changes to taxes, traffic near my children, etc. will occur? Item D: Who determines what is ‘fiscally possible’ (item J)? Item E: I see lots of repetition about the 30’ wide living screen landscape buffer but this does nothing for thru-traffic – is there an existing measurement or estimate for the amount of traffic already present? Does any type of projection exist as to what would change in terms of car-count? Waketon is already busy. Ideas for the purpose of income-generation for the town…

What about parking for the hospital? Is it adequate? Could a city-provider generate revenue off of parking management? (Please note however that I am adamantly opposed to charging hospital patients, their families and friends fees for parking).

Are taxes on leisure activities such as golf already in place? What is done to recruit business here beyond the self-initiated interest of the community-

minded business owner? The creation of a community garden with an aquaponics system (3 of the fastest growing,

most-recognized businesses by Entrepreneur magazine are eco-based, self-sustaining businesses with a large following and room for growth such as aquaponics).

This would benefit the community as a self-sustaining eco-system within the town that could feed the township, would be great for science projects for the local schools, and could generate income from direct sales and housing out-of-town guests who come to work the ‘farm’ or learn about the program, and more4. See http://aquaponics.com/5

Advertising on websites, as done all across the private sector, is a proven way to generate new income6.

Establish an open-enrollment dual-language dedicated campus for K-8. Start a cause to plant in that location (e.g., http://www.giveforward.com)

These are just a few of my initial responses / thoughts as I review the material presented to me in my first few weeks of citizenship in Flower Mound. We are eager as a family to learn more and are confident in the leadership of the town based on our experiences with the department leadership of various town services thus far.

Abbie and Jeremie Piette

4 PS: I know the perfect people to partner with to accomplish this as well. 5 See also http://www.austinaquaponics.com/ 6 Retrieved from http://westroxbury.patch.com/groups/politics-and-elections/p/consalvo-a-creative-way-to-raise-revenue-without-raising-taxes


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Tommy Dalton

From: ourmasterplanSent: Friday, September 13, 2013 11:50 AMTo: 'Alan Ernst'Subject: RE: Master Plan

Mr. Ernst, Thank you for Joining the Discussion. The Town continues to receive interest in assisted living facilities. In fact, one is under construction across FM 2499 from the Hospital which includes assisted living and memory care. This facility is under construction immediately south of the Rosewood Assisted Living facility. We hope this helps, and please let us know if you have any further questions.

Community-Wide Meeting Location: Town Library 3030 Broadmoor Ln. Flower Mound, TX 75022 Dates: September 19 @ 7:00 p.m. September 21 @ 10:00 a.m.

RSVP at http://www.flower-mound.com/index.aspx?NID=1174 Sincerely, Our Master Plan Project Team

From: Alan Ernst [mailto:[email protected]] Sent: Friday, September 13, 2013 10:07 AM


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To: ourmasterplan Subject: Master Plan Greetings. Are there plans for more assisted living facilities, in the 2499 corridor, or elsewhere? Medical facilities around the new hospital seem to be booming. So, as the town grows and ages, it seems like more resources for the elderly would be a good idea. Respectfully, Alan


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Attachment 7: General CommentsAttachment 1: Planning and Zoning Commission Staff Report

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10/14/13 1

Other Topics

Topic: Town’s Open Space Plan Received: August 13, 2013 via email From: Tom Goss

Comment: I think the Open Space Plan portion of the Master Plan [MP] must be included in the review. I base this on the fact that open space issues are still the "hot button" in most of our development proposals. There are a lot of good ideas in the existing document that haven't been acted upon plus the public is anxious to have the open space discussion in Flower Mound. If we can fine tune that portion of the MP and get buy-in from the citizens that we are being proactive to protect our environment, it will go a long way toward satisfying people as development moves westward.

Potential Options:


Topic: Tree Removal Received: August 27, 2013 From: Martha Dalton Littrell via Facebook messages

Comment: I would like a discussion of the destruction of so many beautiful trees just to build apartments, offices, etc. In the past we were a much more conservative city when it involved clear cutting land. What has changed?

Town Response: Thank you for the message and for engaging in this process. As we receive

feedback through Facebook messages and email, they will be posted on the project’s Facebook page, and identify the author of the suggestions/ideas. This is done in order to spark discussion, for transparency, and to keep the integrity of the process. The Town is committed to protecting trees. The Town has not changed ordinances to allow clear cutting; however, trees are removed as part of development and their loss is mitigated in most instances. Development is occurring in visible locations which raise awareness of development activity. Under the Town’s ordinances, not all trees must be preserved. Removal of certain trees requires Tree Removal Permits that go before both the Environmental Conservation Commission and the Town Council for approval. The Town has a strong tree preservation ordinance, and the Town’s SMARTGrowth Program requires environmental features, including trees, to be accounted for and considered when property is developed. The Town also has robust mitigation and landscaping requirements. Those requirements, along with preservation measures, are in place to protect, and replace trees lost to development.

Potential Options:


Attachment 8: Community Suggested Other Master Plan TopicsAttachment 1: Planning and Zoning Commission Staff Report

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Topic: Water Received: September 30, 2013 via Facebook From: Cassie Gibson

Comment: I'd like to add that we should consider the water resources and cost associated with maintaining a 1- or 2-acre lot in a residential community. Perhaps by allowing a creative approach where a cluster concept was used and the environmentally sensitive areas were conserved, irrigation costs and water resources could be used more responsibly. A smaller lot does not necessarily equal lesser quality, it might actually create a more interesting and appealing neighborhood in this area when coupled with the required open space.

Potential Options:


Topic: Water (Denton Creek District) Received: September 27, 2013 via Facebook From: Martha Dalton Littrell

Comment: Where will all the water come from that this new developing area come from? It seems like we should stop and think about that before planning for MORE building and MORE prople to use the existing water supply!

Town Response: The Town currently pays for a surplus of water. Part of any community’s master plan includes planning for adequate water supply, wastewater capacity, and roadways. The Town has a master water plan (link below) that accounts for demands based on the current land use plan, including the Denton Creek District. Flower Mound receives water from two sources, the Upper Trinity Regional Water District and Dallas Water Utilities. Currently the Town is contracted for a total water supply of 41 million gallons per day (MGD), and the Town is not using 10MGD. That 10 MGD was purchased to be delivered to the Western Pump Station located off of Stonecrest in the Denton Creek District. The Town expects the Western Pump Station to be under construction by the end of the year and built by early 2015. Based on current land use densities, it is estimated the Town will need an additional 17 MGD for build-out. The Town plans to take measures to lower that 17 MGD through conservation measures and reuse water (treated wastewater from the Town’s and the Trinity River Authority’s wastewater treatment plants) for irrigation. If, at build-out, the Town needs additional water supply, it will contract for the need at that time. View the Town’s water master plan here: http://www.flower-mound.com/index.aspx?nid=329

Potential Options:



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Topic: Soccer Complex Received: August 3, 2013 via Facebook From: Jim Hanking

Comment: Flower Mound needs at least one good soccer complex comparable to Railroad Park in Lewisville or one of the many in Plano.

Topic: Housing Stock Received: Various Dates via Facebook From: Various Participants

The discussion of housing stock varies on the desire to have housing in the $225k - $250k range to concern over the current number of multi-family units (apartments) planned under the Town’s current master plan. The discussion occurs in the Facebook “Posts by Others” found in Attachment 3.

Topic: Lakeside Business District Shuttle Received: Various Dates via Facebook From: Various Participants

Mark Glover: Gas prices and traffic congestion are changing lifestyle preferences. Younger generations and Baby-Boomers alike prefer complete developments that offer live, work and play amenities. Large corporations recognize this trend, and are selecting office locations where employees can avoid long car commutes. Availability of a transit system is also on the checklist of corporations when selecting office locations. Flower Mounds southern border will be approximately three miles from the DFW Airport TEXrail Station scheduled to open in 2016. http://www.texrail.com/. The previous Master Plan considered a loop around the Lakeside Business District where commercial developments like Lakeside DFW and Southgate At Flower Mound could move employees to and from the transit stations at DFW. This would be an asset to bringing corporate office users to Flower and lower traffic in the business district. This transit loop should be considered with this Master Plan revision. It would also be an amenity for citizens that want to ride the rail to Maverick games, The State Fair, and other events in the Metroplex. TEX Rail | Home www.texrail.com

Tom Goss: Good idea Mark. I would suggest also extending the loop thru Lakeside DFW Mark Glover: Tom, I recommend running it throughout the Lakeside Business District. There was a loop exhibit in the previous Master Plan Review, but it did not make that Master Plan Update. I have a PDF copy of it, but not sure how to post here. Kendra Stephenson: Mark, I'd love to see that. Not sure how to post it though. Our Master Plan: Strengthening the Vision: Tom Goss, Mark Glover, and Kendra Stephenson - Thank you for the comments. Information on the 2009 Master Transportation Plan is posted online at the link below. The loop though the Lakeside Business District is in the staff presentation. Paul Stone has also commented on this and we would like to hear more. http://www.flower-mound.com/index.aspx?NID=1200


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Kendra Stephenson: Thanks for posting the presentation. It is certainly worth looking at this. It should be a potential benefit for major businesses that are looking a relocating to FM. Easy airport access might help overcome the advantage Grapevine has built with the hotels and shopping adjacent to the airport. I've also heard of a few FM residents that utilize the Carrolton DART station for part of their downtown commute.

Potential Options:


Topic: Parker Square Received: Various Dates via Facebook From: Various Participants


Kendra Stephenson:One thing that is tough about Parker Square is the lack of night time traffic that could be helped by some type of residential component. Flower Mound has long been hesitant to implement residential that could fit into Parker Square. The type of residential that could fit into Parker Square is exactly the type of residential we need to address young professionals, empty nesters, seniors and the growing trend for residential that does not include large yards and a desire for walkability. Mark Glover:Parker Square was fundamentally flawed from inception. It is not in a good location, does not have adequate foot traffic with disposable income, and does not have anchor users to draw in destination traffic. Not easy problems to fix. The location part can never be fixed. NCTC has helped, but brings problems too with all the parking requirements of students, who really don't spend a lot of money at Parker Square. This is not a real campus for NCTC, and NCTC has about maxed out in the only building they have at Parker Square. The Parker Square buildings are not well suited or cost effective to retrofit to the needs of today's college classroom and NCTC needs a real campus, like every other successful Community College District has (Collin, Tarrant, Dallas, etc). The new private high school may have some positive impact, but is just getting started in the building they purchased. They could possibly expand to another building in time. I agree that building dense residential (multifamily or town homes) may help, but I'm not sure there is enough land to build the quantity of residential traffic needed to support Parker Square. The problems with Parker Square are significant and more than the Town of Flower Mound can be expected to address with taxpayer money. The market may have to sort this one out and determine what Parker Square will ultimately be. There are lessons to be learned for the Master Plan Revisions from Parker Square. These type of projects need to be in high traffic locations, have residential components to provide foot traffic, and have anchor tenants to draw in traffic with disposable income.


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Potential Options:



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President Kirk Evans Board of Directors Richard Armendariz Gailon Brehm Kenny Chandler Bill Dahlstrom Joe Milkes Roslyn Miller David Morgan Scott Norris Ross Obermeyer Misti Reed Tim Penrod Mark Yarbrough Scott White Advisory Council Skip Barnett Chuck Bell Elta Chandler John Dugdale Jim Eidson Janelle MacDonald Pat McBride Amy Monier Mary Blake Montgomery Robert Potts Carter Smith Carol Strain-Burk Carolyn Vogel Matt White Staff Sandra Greenway Executive Director RJ Taylor Conservation Director

1314 W. McDermott Ste 106-812 469) 200-4085 Allen, TX 75013 www.connemaraconservancy.org

November 21, 2013 Tommy Dalton Town of Flower Mound 1001 Cross Timbers Road Flower Mound, Texas 75028 Mr. Dalton, Thank you and Matt Woods for meeting with me today to discuss the new Master Plan for the Cross Timbers Conservation District. I had gotten some emails for concerned citizens in that area concerning the vote to approve the Master Plan last week, and spent several hours listening intently to the P&Z meeting from November 11th to understand the issue better. I really appreciate the fact that the recording was available so that I could see/hear your presentation on the Master Plan and on Planned Development first hand. After working with the various conservation subdivisions and proposed conservation subdivisions over the last five years, I had noted some concern for the development options within what was being proposed for conservation subdivision design. Connemara Conservancy is not about stopping development, but on good development designs that allow for growth and development while conserving the natural values in the landscape. After reviewing the proposed changes to MPA 13-0010 and LDR 13-0004, considering the allowance for down to ½ acre clustered lots within the “toolbox” of development options, that such a design coupled with the protection of quality open spaces would add to the flexibility of how that area of town develops, while protecting the natural habitat, protecting waterways and still preserving the character of the rural nature of those open spaces. I had driven Randall Arendt around that area of Flower Mound a year ago, and we both noted this more limited lot size choice of development options out there. I recognize that the very nature of this area will change (as will much of the area north of Dallas/Ft. Worth) in the future, and that allowing for smaller lot sizes can be effectively used within the conservation-oriented design of subdivisions. I appreciate the Town’s efforts to see that added “tool” is properly incorporated by planning, and that there would be a transition between rural areas, areas the larger residential lots sizes and areas where ½ acre home lots on sewer might be considered as part of the conservation development design. Connemara also supports opportunities to get people outside. This can include the passive recreation on natural lands, which we now work to incorporate into the concepts for the conservation subdivisions in the Flower Mound area. Allowing for walking, biking and equestrian trails through the conservation easement-protected areas provides a great public benefit to the community. We recognize that these features would be within lands owned and managed by the homeowners associations of the conservation subdivisions, so the conservation easement over those lands would dictate the protection of the natural features as part of the management of those trails. We also recognize that having places for active recreation is an important part of a livable community. While those active recreation sites would not be placed on easement lands, they could still be a part of the network of parks, residences and commercial facilities that support the needs of the community in which the network of protected native habitats and open spaces are also present to preserve the rural nature of the community and provide water quality buffer protection to the natural waterways and wetlands. Sincerely,

RJ Taylor, Conservation Director

Attachment 2: Letter from Connemara ConservancyPage 528 of 555

TOWN OF FLOWER MOUND, TEXAS ORDINANCE NO.__________ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE MASTER PLAN OF THE TOWN OF FLOWER MOUND BY AMENDING ORDINANCE NO. 24-01, IN PART, WHICH ADOPTED THE MASTER PLAN, THROUGH THE AMENDMENT OF SECTION 1.0 LAND USE PLAN, SECTION 2.0 AREA PLANS, AND SECTION 9.0 WASTEWATER PLAN TO MAKE CERTAIN REVISIONS REGARDING THE LAKESIDE BUSINESS DISTRICT AND THE CROSS TIMBERS CONSERVATION DEVELOPMENT DISTRICT AS SET FORTH HEREIN-BELOW; REPEALING ALL CONFLICTING ORDINANCES, ORDERS, OR RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, in 1998 the Town Council and the citizens of the Town of Flower

Mound jointly undertook an update of the Town’s Master Plan originally adopted in 1994 due to rapid and intense urbanization as well as an exploding population growth; and

WHEREAS, on or about December 17, 1998, the Town Council created a Master

Plan Steering Committee to perform a number of tasks in conjunction with the update of the 1994 Master Plan; and

WHEREAS, the Master Plan was separated into distinct parts and the parts were

considered in a logical, sequential order by the Town Council; and WHEREAS, the aforementioned components of the Master Plan were the Land

Use Plan, the Water Plan, the Wastewater Plan, the Thoroughfare Plan, five (5) Area Plans, nine (9) Specific Plan Areas, the Open Space Plan, the Parks and Trails Plan and the Urban Design Plan; and

WHEREAS, on January 19, 1999, the Town Council adopted Resolution 01-99,

the Town’s SMARTGrowth Program, a strategic initiative to manage both the rate and character of development in the Town of Flower Mound, which acronym represents “Strategically Managed and Responsible Town Growth”; and

WHEREAS, on February 17, 2000, the Town Council adopted Ordinance 10-00,

SMARTGrowth Management Plan, as the fourth component of SMARTGrowth Program and is designed to implement a long-term growth management strategy of sustainable development that embraces the community’s vision and values, achieves both community character and economic development objectives and considers the infrastructure and environmental impacts of land development; and

Attachment 3: Draft OrdinancePage 529 of 555

ORDINANCE NO.______ PAGE 2

WHEREAS, on March 19, 2001, the Town Council of the Town of Flower Mound adopted all nineteen component plans, together with all amendments thereto, by Ordinance No. 24-01 as Flower Mound Master Plan 2001; and

WHEREAS, said Flower Mound Master Plan 2001 was the principal component

of the SMARTGrowth Program and along with the SMARTGrowth Management Plan effectively required development proceed in a planned manner in accordance with the Town’s vision for the future; and WHEREAS, The Town of Flower Mound Master Plan 2001 establishes and articulates a community based vision to: preserve the country atmosphere and natural environment that makes Flower Mound a unique and desirable community; mitigate the ill effects of rapid and intense urbanization; create a balanced tax base to ensure the Town’s long-term economic health and prosperity; and ensure all development is of enduring and exemplary quality; and

WHEREAS, the Town Council and the citizens of the Town of Flower Mound

continue to recognize the value of a comprehensive master plan to guide growth and development of the Town; and

WHEREAS, the Town has periodically maintained and updated various

provisions of the Master Plan 2001 and the SMARTGrowth Management Plan, as amended and now known as the SMARTGrowth Program as re-titled by Ordinance No. 41-01; and

WHEREAS, in November 2005, the Town Council and the citizens of the Town of

Flower Mound initiated a review and update of Master Plan 2001; and WHEREAS, a new Master Plan Steering Committee was created by Town

Council on or about December 15, 2005, and began a review and evaluation of Master Plan 2001; and

WHEREAS, the Town routinely updated various components of Master Plan

2001 including, but not limited to, the Economic Development Plan, Medians and Rights-of-Way Design Guidelines as part of the Urban Design Plan, Parks and Trails Plan, Specific Plan Area 8, Thoroughfare Plan, Water Plan, and Wastewater Plan as well as establishing a new district, the Prairie Vista District, out of a portion of the Cross Timbers Conservation Development District; and

WHEREAS, on June 6, 2011, the Town updated the architectural standards of

the Urban Design Plan, reaffirmed Master Plan 2001 and all of its component parts, and continued the stated vision to not only preserve the country atmosphere and natural environment that makes Flower Mound a unique and desirable community, but also



create a great place to live, work, and play that sustains the community that has been created; and

WHEREAS, The Town of Flower Mound Master Plan 2001 is now known and

referred to simply as the Master Plan; and WHEREAS, discussion on reviewing the Master Plan began during the Town

Council retreat in the spring of 2012 where work programs were discussed for the upcoming year, and discussions on the Master Plan review made it clear that the vision of the Master Plan was still valid and supported by the community; and

WHEREAS, on August 5, 2013, the Town Council and the citizens of the Town of

Flower Mound initiated a review and update of the Master Plan by Resolution 18-13 through a community engagement process; and

WHEREAS, the community engagement process was an effort to prompt and

encourage individuals to be part of the review process through social media, and a dedicated webpage; and

WHEREAS, the webpage information was structured to provide individuals the

information to become involved in the process and to have source and background information to join the discussion of the Town’s Master Plan; and WHEREAS, The Town of Flower Mound Master Plan establishes and articulates a community based vision to: preserve the country atmosphere and natural environment that makes Flower Mound a unique and desirable community; mitigate the ill effects of rapid and intense urbanization; create a balanced tax base to ensure the Town’s long-term economic health and prosperity; and ensure all development is of enduring and exemplary quality; and

WHEREAS, the proposed review of the Master Plan was seek to confirm and strengthen the vision, and determine the adequacy of existing Town regulations to implement said vision; and WHEREAS, the community engagement process, known as the “Our Master Plan Project,” was intended to provide a framework for early public involvement, promote diverse participation and active engagement, and produce community led options; and

WHEREAS, early community engagement helps identify community sentiment

regarding the Master Plan effort; and



WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of the Planning and Zoning Commission and of all testimony and information submitted during said public hearings, the Town Council of the Town of Flower Mound, Texas, has determined that it is in the public's best interest and in support of the health, safety, morals, and general welfare of the citizens of the Town of Flower Mound that the Master Plan of the Town of Flower Mound, Texas, be amended to reflect the outcomes of the community engagement process as more particularly set forth herein-below.


SECTION 1

All of the above premises are hereby found to be true and correct legislative and

factual findings of the Town of Flower Mound, and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety.

SECTION 2

From and after the effective date of this ordinance, Section 1.0 Land Use Plan,

Section 2.0 Area Plans, and Section 9.0 Wastewater Plan of the Master Plan, adopted by Ordinance No. 26-11, are hereby amended and changed in the following particulars to reflect the action taken herein, and all other existing sections, subsections, paragraphs, sentences, definitions, phrases, and words of said Master Plan are not amended, but shall remain intact and are hereby ratified, verified, and affirmed.

SECTION 3 From and after the effective date of this Ordinance, Section 1.0 Land Use Plan of the Master Plan, is hereby amended by deleting the paragraph entitled “Cross Timbers Conservation Development District & Prairie Vista District” under the heading “Purpose and Benefit of Six (6) Major Planning Areas” in its entirety and replacing said paragraph with a new paragraph also entitled “Cross Timbers Conservation Development District & Prairie Vista District” so that hereafter said paragraph shall be and read as follows:

“Cross Timbers Conservation Development District & Prairie Vista District The Cross Timbers Conservation District and Prairie Vista District preserve the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur. There are a total of two (2) area plans in these districts establishing appropriate land uses and relationships between land uses in these districts.”



SECTION 4

From and after the effective date of this Ordinance, Section 1.0 Land Use Plan of the Master Plan, is hereby amended by deleting the paragraphs entitled “Lakeside Business District” and “Cross Timbers Conservation Development District” under the heading “Area Plan Districts” in their entirety and replacing said paragraphs with a new paragraph entitled “Lakeside Business District” and a new paragraph entitled “Cross Timbers Conservation Development District” so that hereafter said paragraphs shall be and read as follows:

“Lakeside Business District Large scale commercial and/or light industrial developments such as corporate offices, office parks, industrial parks, clean manufacturing, hotels, commercial, similar uses, and may include residential. The intent is to create a vibrant area that encourages dynamic economic development focused around live, work, and play opportunities. A mixture of uses is important as well as its design details, amenity quality, and the use of natural areas and opens space to provide a unique quality of life, and sense of place. Cross Timbers Conservation Development District Predominantly residential development, typically being single family residential development at net densities no greater than one unit per two acres. Moderate increases in densities may be appropriate in combination with cluster developments that preserve the Cross Timbers ecosystem, other natural systems, and Scenic Corridors and Vistas. Commercial recreation uses, such as equestrian facilities, golf courses and other uses compatible with the conservation goals of the district are also suitable.”

SECTION 5

From and after the effective date of this Ordinance, Section 2.0 Area Plans of the Master Plan, is hereby amended by deleting the provision entitled “Campus Commercial” under the heading “Lakeside Business District” and subheading “Lakeside Business District Land Use Categories” in its entirety and replacing said provision with a new provision also entitled “Campus Commercial” so that hereafter said provision shall be and read as follows:

“Campus Commercial – Campus Commercial means a mixture of uses which includes corporate offices, office parks, hotels, commercial, similar



uses, and may include residential. The intent is to create a vibrant area that encourages dynamic economic development focused around live, work, and play opportunities. A mixture of uses is important as well as its design details, amenity quality, and the use of natural areas and opens space to provide a unique quality of life, and sense of place.


1. Compliance with the three elements of the District’s Vision:

i. Create high quality, regional commercial development;

ii. Competes in the economic development arena; and

iii. Develops a balanced tax base to reduce the residential tax burden;

2. Exemplary and enduring quality and design shall be achieved by establishing a high level of development standards;

3. Market factors should ensure a robust mix of uses that are economically viable, support a high quality of life, and provide sustainable fiscal health for the Town;

4. No one single use should be allowed to predominate in the District at build-out;

5. Uses and design shall be in context with the existing environment and adjacent developments; and

6. Residential development should provide a range of residential options that reflect changing lifestyles and demographics, and should be facilitated through the balancing of market demand and community preferences.”

SECTION 6

From and after the effective date of this Ordinance, Section 2.0 Area Plans of the Master Plan, is hereby amended by deleting the map entitled “Lakeside Business



District” and replacing said map with a new map also entitled “Lakeside Business District,” which new map is attached hereto as Exhibit A and incorporated herein by reference for all purposes allowed by law.

SECTION 7 From and after the effective date of this Ordinance, Section 2.0 Area Plans of the Master Plan, is hereby amended by deleting the provisions entitled “Area Plan 2 – Skillern/Scenic,” “Area Plan 3 – Shiloh Road,” “Area Plan 4 – High Road,” and “Area Plan 5 – Roanoke Hills/Tour 18,” under the heading “Cross Timbers District” in their entirety and replacing said provisions with a new provision entitled “Cross Timbers Conservation Development District Area Plan” so that hereafter said provision shall be and read as follows:

“Cross Timbers Conservation Development District Area Plan The Cross Timbers Conservation Development District Area Plan preserves the integrity of the largely intact Cross Timbers ecological area in central Flower Mound, which provides the Town with its unique country atmosphere and natural environment, while allowing environmentally sensitive development to occur. The area plan establishes development options within the district and identifies specific elements needing consideration. There are several development options within the District: 1. Retain all or part of the property for personal use. This option

would include (but not require) the potential of donating a conservation easement on all or part of the property in order to realize some economic benefit.

2. Develop all or part of the property, or sell all or part of the property

to others for development on two acre lots as permitted under the existing Agricultural zoning.

3. Develop all or part of the property, or sell all or part of the property

to others for development as a conservation development, with the number of lots as permitted under the existing Agricultural zoning, but with smaller lots and eligibility for incentive benefits as established by the Town’s SMARTGrowth Program. This option would include the potential donation of a conservation easement on



all or part of the property in order to realize some additional economic benefit.

4. Develop all or part of the property at lot sizes larger than two acres,

as permitted under the existing Agricultural zoning.


6. Coordinate development planning with adjoining land owners as a

combined conservation development, with the number of lots as permitted under the existing Agricultural zoning but with smaller lots and eligibility for incentive benefits as established by the Town’s SMARTGrowth Program, as a coordinated Planned Development. This option would include (but not require) the potential of donating a conservation easement on all or part of the property in order to realize some additional economic benefit.

7. Develop all or part of the property as appropriate non-residential

development. Appropriate non-residential development might include active equestrian commercial activities (similar to the existing Flower Mound Equestrian Center), active use “country” commercial uses (similar to the Circle R Ranch, or roadside farm product stands), or other commercial uses that reinforce the “country atmosphere and natural environment” that is characteristic of the Cross Timbers, and are fully compatible with and acceptable to neighbors and landowners in the Zone.

8. Develop the property as a cluster development. The intent of the

clustering option is to maximize open space conservation, including preserving Scenic Corridors and Vistas, on a site by site basis to realize a community benefit that provides the Town with its unique country atmosphere and natural environment. The continuation and/or connection of open space areas between adjacent



developments are important in protecting the ecological value in the District. Cluster developments may be allowed in the District and must demonstrate the following:

a. Density shall be commensurate with the quality and

character of the open or natural lands conserved and the extent to which the conserved land contributes to the preservation of the Cross Timbers Conservation Development District's country character, including its open, natural, scenic and ecological values. Density will be evaluated on a project-by-project basis.

b. Minimum lot size is one-half acre or 21,780 square feet.

c. Open space may be managed by a land trust, Homeowners

Association, and/or the Town. Any development proposal must detail the perpetual maintenance and funding for the open space areas, which must be feasible and appropriate for the areas preserved. Recreational uses may be allowed, including active uses, which may be appropriate given the type, location, intensity, and adjacency. Any recreational use should be characteristic of the District, compatible with adjacent land uses and should be open to the public. Floodplain may be counted as open space.

d. Cluster development shall demonstrate how the

development provides an appropriate transition to existing land uses. Factors to be considered include lot sizes, intervening roadways, and use of open space, among other factors.

Elements needing consideration within the district include:

1. Sewer is allowed in the district and is the responsibility of new development.

2. Scenic Corridors and Vistas - The scenic corridor is FM 1171 which

has extensive views into the District. These viewsheds need to be



incorporated into any development proposal, if development is contemplated, and would require compliance with the “Town of Flower Mound SMARTGrowth Program” SMARTGrowth Analysis. Compliance with the SMARTGrowth Analysis could be achieved by conservation or cluster development, placing new houses outside of the view area, or by siting any new lots so the houses face toward FM 1171 across conserved open space, with access from a street internal to the development, rather than providing a view from FM 1171 into back yards or rear alleys.

3. Scenic corridors are present along the following roadways:

a. Skillern Road b. Scenic Road c. Shiloh Road d. Rocky Point Road e. Red Rock Road f. High Road g. FM 1171 at the Cross Timbers Escarpment

Properties adjacent to these roads provide extensive views into the District. Compliance with the SMARTGrowth Analysis could be achieved by conservation or cluster development, placing new houses outside of the view area, or by siting any new lots so the houses face the roadways across conserved open space, with access from a street internal to the development, rather than providing a view from the roadways into back yards or rear alleys.”

SECTION 8

From and after the effective date of this Ordinance, Section 2.0 Area Plans of the Master Plan, is hereby amended by deleting the maps entitled “Area Plan 2 – Skillern/Scenic,” “Area Plan 3 – Shiloh Road,” “Area Plan 4 – High Road,” and “Area Plan 5 – Roanoke Hills/Tour 18,” and replacing said maps with a new map entitled “Cross Timbers Conservation Development District Area Plan Map,” which new map is attached hereto as Exhibit B and incorporated herein by reference for all purposes allowed by law.



SECTION 9 From and after the effective date of this Ordinance, Section 9.0 Wastewater Plan of the Master Plan, is hereby amended by amending the paragraph entitled “Service Areas” so that hereafter said paragraph shall be and read as follows:

“Service Areas Five wastewater service areas exist within the Town and are identified as Long Prairie, Lakeside Business District, Prairie Vista District, Denton Creek District and Cross Timbers District.”

SECTION 10

From and after the effective date of this Ordinance, Section 9.0 Wastewater Plan of the Master Plan, is hereby amended by adding a new paragraph entitled “Cross Timbers District” under the heading “Service Areas” so that hereafter said paragraph shall be and read as follows:

“Cross Timbers District The Cross Timbers Conservation Development District, between the Prairie Vista District, and the Long Prairie District, is comprised of developable land. The area shall be studied to determine adequate infrastructure needs and direction of flow to service the developable land. Any costs associated with the provision of such sewer service shall be borne by the developers of the property in the District. The Town may, but is not required to, evaluate the feasibility of any new system in the District for the purposes of providing wastewater service to existing homes with on-site sewage facilities (septic systems).”

SECTION 11

This Ordinance shall be cumulative of all provisions of ordinances of the Town of

Flower Mound, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

SECTION 12

It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared



unconstitutional by any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section, and said remaining portions shall remain in full force and effect.

SECTION 13

This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Flower Mound, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, BY A VOTE OF ____ TO ____, ON THIS THE _______ DAY OF _____________, 2013.

APPROVED:

________________________________

Thomas E. Hayden, MAYOR ATTEST: _____________________________________________ Theresa Scott, TOWN SECRETARY APPROVED AS TO LEGALITY AND FORM: _____________________________________________ Terrence S. Welch, TOWN ATTORNEY



EXHIBIT A

Lakeside Business District Map



EXHIBIT B

Cross Timbers Conservation Development District Area Plan Map



REGULAR ITEM DATE: December 2, 2013 FROM: Tommy Dalton, Director of Strategic Services Doug Powell, Executive Director of Development Services ITEM: Public Hearing to consider an amendment to the Land Development Regulations

(LDR13-0004) through the amendment of Chapter 98, “Zoning,” of the Town’s Code of Ordinances by deleting Division 21, “PD Planned Development District,” in its entirety and replacing said Division with a new Division 21 also entitled “PD Planned Development District” that will update the Town’s planned development regulations and allow the Town to consider development proposals that use flexibility and creativity to achieve the stated goals of the Town’s Master Plan, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended approval by a vote of 5 to 1 at its November 11, 2013, meeting.)

BACKGROUND INFORMATION: Attached is the Planning and Zoning Commission report and backup for this item. No changes or new information has been received since that meeting. This item is a companion piece to the Our Master Plan Project (MPA13-0010). ATTACHMENTS: 1. Planning and Zoning Commission Staff Report 2. Draft Ordinance DRAFT MOTION: Move to approve an amendment to the Land Development Regulations (LDR13-0004) through the amendment of Chapter 98, “Zoning,” of the Town’s Code of Ordinances by deleting Division 21, “PD Planned Development District,” in its entirety and replacing said Division with a new Division 21 also entitled “PD Planned Development District” that will update the Town’s planned development regulations and allow the Town to consider development proposals that use flexibility and creativity to achieve the stated goals of the Town’s Master Plan, and adopt an ordinance providing for said amendment.

Page 543 of 555

PLANNING AND ZONING COMMISSION

AGENDA ITEM NO: 3 DATE: November 11, 2013 FROM: Tommy Dalton, Director of Strategic Services

Doug Powell, Executive Director of Development Services ITEM: Public Hearing to consider an amendment to the Land Development

Regulations (LDR13-0004) through the amendment of Chapter 98, “Zoning,” of the Town’s Code of Ordinances by deleting Division 21, “PD Planned Development District,” in its entirety and replacing said Division with a new Division 21 also entitled “PD Planned Development District” that will update the Town’s planned development regulations and allow the Town to consider development proposals that use flexibility and creativity to achieve the stated goals of the Town’s Master Plan.

I. ITEM SUMMARY

This item is a companion piece to the Our Master Plan Project (MPA13-0010). Specifically, this item includes draft text amendments to the Town’s Planned Development District standards contained in the Code of Ordinances.

This application will require final action by the Town Council.

II. APPLICATION ANALYSIS

Local governments use zoning authority to implement policies and guidelines of a Master Plan, specifically the land use component. Inherent in the Our Master Plan Project is a need to determine the adequacy of the Town’s regulations to implement the stated vision, goals, and objectives of the Master Plan. The need for reviewing the Town’s regulations was discussed contemporaneously with the Our Master Plan Project. The process and timeline for the project is discussed in the companion master plan item and available online at www.flower-mound.com/ourmasterplan.

III. CORRESPONDENCE The Town Code requires public notice in a newspaper of general circulation (Denton Record Chronicle) for all Land Development Regulations amendments. Any comments related to this item are contained in the companion item MPA13-0010.


http://www.flower-mound.com/ourmasterplan

IV. ATTACHMENTS 1. Draft Text Amendments 2. Text Amendment Analysis (Presented to P&Z on October 28, 2013)



DRAFT TEXT AMENDMENTS – CHAPTER 98 – ARTICLE III – DIVISION 21: PLANNED DEVELOPMENT DISTRICTS

Sec. 98-811. Purpose and intent.

The "PD" planned development district is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns, by allowing mixture or combination of uses, and to best utilize special site features such as topography, size and shape. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Code. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, the requirements established herein ensure against misuse of increased flexibility. It is intended for application in all land use designations on the land use map of the master plan, provided that the uses and development standards proposed are consistent with the stated goals of the Town’s Master Plan.

Sec. 98-812. Approval Process.

Every planned development district approved under the provisions of this chapter shall follow the procedure for and be considered an amendment to the zoning map. The application for a planned development district shall comply with the zoning amendment procedure for a change in zoning district classification. An applicant for a planned development district shall specify the base zoning district, the proposed use or combination of uses, proposed development regulations including all requested deviations from the base zoning district and any other requirements of this Code and be accompanied by a concept plan(s). The concept plans shall be attached to and made a part of the ordinance establishing the planned development district.

Sec. 98-813. Criteria for Approval.

In approving the planned development district, the town council may impose conditions relative to the standard of development. Based upon the concept plan, the planning and zoning commission and town council shall determine whether the PD district should be established, taking into account the following criteria:

1. The plan of development is consistent with the town’s, vision, goals, objectives, and policies adopted in the master plan;

2. Proposed uses and project design are compatible with existing and planned adjoining uses and the character of the neighborhood in which the project is located;

3. Adequate public facilities required to be installed by the developer will be provided in a timely manner to support each phase of the development in accordance with the SMARTGrowth Program;

4. Proposed uses and development standards are consistent with the purposes of the base zoning district, where applicable; and

5. The proposed phasing of development is consistent with the overall growth and development of the town.



Sec. 98-814. Submittal Requirements

(a) Overview of Requirements: In establishing a planned development district in accordance with this division, the town shall require a zoning exhibit of the development, plans, drawings, standards, and any other appropriate supportive information requested by the town manager or his designee that demonstrates compliance with the Criteria for Approval listed above.

(b) Application Required: In submitting an application for the PD, the applicable submittal requirements are contained in the development application for a PD as may be updated from time to time. The town's development review committee (DRC) shall review the application for completeness and compliance with the town’s master plan and all applicable ordinances and regulations.



As discussed during the Our Master Plan Project the Town’s zoning regulations are the tool to implement the vision of the Master Plan. In general, zoning describes various districts (Retail, Office, Industrial, etc.) that contain permitted uses (pharmacy, professional office, warehouse, etc.) and standards for development in the district (building height, setbacks, lot coverage, etc.). Planned Development Districts (PD) are one of the primary tools municipalities use to consider developments that implement flexibility and creativity that do not meet the strict requirements of the base zoning districts.

As with the base zoning districts, PDs are depicted on the Town’s zoning map along with their geographical boundaries. Since a PD is zoning it must describe the uses and standards for development within the PD, which are specific to the property governed by it. A PD sets forth similar standards as a base zoning district and is “designed primarily to ensure a high quality of development.”

The Town’s current regulations for Planned Development Districts (PD) derive from the Town’s 1989 zoning regulations, and have only been modified slightly since then. The structure and format is largely outdated and requires development proposals to choose a base zoning district and mandates conformance to those base standards with imitated flexibility. A recent amendment to the PD standards provided limited flexibility to allow modification to the minimum setback requirements.

The Town’s current PD standards are attached, in addition to, the PD regulations from the Town’s 14 survey cities. The examples are different in format and the standards are representative of the respective cities. For example, the City of McKinney’s PD regulations are outlined on one page, and the Town’s is ten pages. However, the purpose of the PDs in each city is similar along with the many of the requirements (process, requirement for standards, list of uses, etc.). These examples were used as a resource to draft amendments to the Town’s current PD regulations to allow the Town to consider development proposals that use flexibility and creativity to achieve the stated goals of the Town’s Master Plan.

For discussion purposes, the following is a description of the intent for PDs that was taken from A Guide to Urban Planning in Texas Communities 2013, published by the Texas Chapter of the American Planning Association.

“Planned Development District (PD) or Planned Unit Development (PUD): A zoning classification that provides flexible development regulations to allow the construction of a unified development concept with may not conform entirely to the standard zoning regulations. Often these types of development include mixed uses, protection of environmentally significant features, preservation of and provision for open space, interconnection of uses, modified development standards, and special design guidelines and landscaping requirements. Because the authority and limitations for planned development districts are set forth in a city’s zoning code, it is necessary to review those portions of the city’s code to determine to what extent a planned development district may be used.” William Dahlstrom, JD, AICP, A Guide to Urban Planning in Texas Communities 2013; Texas Chapter – American Planning Association



In reviewing the examples along with the Town’s desire to consider development proposals that use flexibility, the following is draft text for consideration and discussion. There are four sections, purpose, process, criteria, and submittal requirements that provide the necessary elements needed for a PD to be considered by the Town. The following is a brief description of each section along with the draft text.

The draft purpose and intent section of the PD standards is similar to all other zoning districts in that it provides general guidance on the use of the district. This section describes the need for flexibility to create a unique development. However, it clearly states that this flexibility should not be misused. The final sentence states that a PD can be considered within any land use designation in the Town (current standard). The use of a PD must still be in conformance with the Master Plan.

Sec. 98-811. Purpose and intent.

The "PD" planned development district is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces, circulation patterns, by allowing mixture or combination of uses, and to best utilize special site features such as topography, size and shape. A planned development district may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Code. While greater flexibility is given to allow special conditions or restrictions which would not otherwise allow the development to occur, the requirements established herein ensure against misuse of increased flexibility. It is intended for application in all land use designations on the land use map of the master plan, provided that the uses and development standards proposed are consistent with the stated goals of the Town’s Master Plan.

This section reinforces that an amendment to the Town’s Zoning Map to create a PD must follow the normal process (public notice and public hearings) required for a zoning application. Further, an application must provide sufficient detail to ensure that the project can be adequately reviewed. This section provides general guidance on what information a PD application must provide which is detailed further the following sections.

Sec. 98-812. Approval Process.

Every planned development district approved under the provisions of this chapter shall follow the procedure for and be considered an amendment to the zoning map. The application for a planned development district shall comply with the zoning amendment procedure for a change in zoning district classification. An applicant for a planned development district shall specify the base zoning district, the proposed use or combination of uses, proposed development regulations including all requested deviations from the base zoning district and any other requirements of this Code and be accompanied by a concept plan(s). The concept plans shall be attached to and made a part of the ordinance establishing the planned development district.

The section below allows the Town to require conditions for the development, and outlines criteria in which the application will be measured. The first criterion is a direct connection to the Master Plan. Specifically, as it relates to the Our Master Plan project, this criterion requires consistency with the stated vision, goals, and objectives of the Master Plan. Since there is a direct link, it is not necessary to restate the goals of the Master Plan in general, or of specific area plans. Criteria two through four are



cornerstones to responsible development, and are already expressed in the Town’s Master Plan and development regulations. However, they are restated here due to their importance. The last criterion deals with project phasing and is necessary to understand the timing of the project.

Sec. 98-813. Criteria for Approval.

In approving the planned development district, the town council may impose conditions relative to the standard of development. Based upon the concept plan, the planning and zoning commission and town council shall determine whether the PD district should be established, taking into account the following criteria:

1. The plan of development is consistent with the town’s, vision, goals, objectives, and policies adopted in the master plan;

2. Proposed uses and project design are compatible with existing and planned adjoining uses and the character of the neighborhood in which the project is located;

3. Adequate public facilities required to be installed by the developer will be provided in a timely manner to support each phase of the development in accordance with the SMARTGrowth Program;

4. Proposed uses and development standards are consistent with the purposes of the base zoning district, where applicable; and

5. The proposed phasing of development is consistent with the overall growth and development of the town.

The section below has two parts. The first part provides an overview of the application requirements (plans, development standards, and supporting documents) to be used to evaluate the development proposal. The second part indicates that the details required are contained within the applicable PD application. Many municipalities outline specific application requirements in the zoning code; the second part adopts the application requirements by reference without the need to list them in the zoning regulations. The detail required for a PD application will continue to be extensive, and as an example, the detail for the Town’s current PD application can be viewed online at http://www.flower-mound.com/DocumentCenter/View/5095.

Sec. 98-814. Submittal Requirements

(a) Overview of Requirements: In establishing a planned development district in accordance with this division, the town shall require a zoning exhibit of the development, plans, drawings, standards, and any other appropriate supportive information requested by the town manager or his designee that demonstrates compliance with the Criteria for Approval listed above.

(b) Application Required: In submitting an application for the PD, the applicable submittal requirements are contained in the development application for a PD as may be updated from time to time. The town's development review committee (DRC) shall review the application for completeness and compliance with the town’s master plan and all applicable ordinances and regulations.



ORDINANCE NO.__________ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FLOWER MOUND, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE TOWN OF FLOWER MOUND, TEXAS, BY AMENDING SUBPART B, OF THE CODE OF ORDINANCES THROUGH THE AMENDMENT OF CHAPTER 98, ENTITLED “ZONING,” BY THROUGH THE AMENDMENT OF DIVISION 21, “PD PLANNED DEVELOPMENT DISTRICT,” BY DELETING SECTIONS 98-811 THROUGH 98-814 ENTITLED “PURPOSE AND INTENT,” “APPROVAL PROCESS,” “CRITERIA FOR APPROVAL,” AND “SUBMITTAL REQUIREMENTS,” RESPECTIVELY, IN THEIR ENTIRETY AND REPLACING SAID SECTIONS WITH NEW SECTIONS 98-811 THROUGH 98-814 ALSO ENTITLED “PURPOSE AND INTENT,” “APPROVAL PROCESS,” “CRITERIA FOR APPROVAL,” AND “SUBMITTAL REQUIREMENTS,” RESPECTIVELY, AS SET FORTH HEREIN-BELOW; REPEALING ALL CONFLICTING ORDINANCES, ORDERS, AND RESOLUTIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Flower Mound, Texas, has recommended amending the Code of Ordinances of the Town of Flower Mound as more particularly described and detailed herein below; and

WHEREAS, all legal requirements, conditions, and prerequisites have been complied with prior to this case coming before the Town Council of the Town of Flower Mound; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Flower Mound, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Flower Mound Code of Ordinances as set forth herein.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE

TOWN OF FLOWER MOUND, TEXAS, THAT:

SECTION 1 All of the above premises are hereby found to be true and correct legislative and

factual determinations of the Town of Flower Mound and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety.

Page 551 of 555

ORDINANCE NO. ________ PAGE 2

SECTION 2 From and after the effective date of this Ordinance, Chapter 98 of Subpart B of

the Code of Ordinances, entitled "Zoning" is hereby amended by amending Division 21, entitled “PD Planned Development District,” by deleting Sections 98-811 through 98-814 in their entirety and replacing said Sections with new Sections 98-811 through 98-814 such that said Sections shall hereafter be and read as follows:

“Sec. 98-811. Purpose and intent. The “PD Planned Development District” (“PD”) is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of buildings, open spaces and circulation patterns by allowing a mixture or combination of uses and to best utilize special site features such as topography, size and shape. A Planned Development District may be used to permit new or innovative concepts in land utilization not permitted by other zoning districts in this Code. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, the requirements established herein ensure against the misuse of such increased flexibility. It is intended for application in all land use designations on the land use map of the Master Plan, provided that the uses and development standards proposed are consistent with the stated goals of the Town’s Master Plan. Sec. 98-812. Approval Process. Every Planned Development District approved under the provisions of this Chapter shall follow the procedure for, and be considered, an amendment to the zoning map. The application for a Planned Development District shall comply with the zoning amendment procedure for a change in zoning district classification. An applicant for a Planned Development District shall specify the base zoning district to be applied, the proposed use or combination of uses, proposed development regulations including all requested deviations from the base zoning district and any other requirements of this Code, and be accompanied by a concept plan(s). The concept plan(s) shall be attached to and made a part of the ordinance establishing the Planned Development District. Sec. 98-813. Criteria for Approval. In approving the Planned Development District, the Town Council may impose conditions relative to the quality and standards of development. Based upon the concept plan, the Planning and Zoning Commission and Town Council shall determine whether the PD District should be established, taking into account the following criteria:

Page 552 of 555


1. The proposed Planned Development District is consistent

with the Town’s, vision, goals, objectives, and policies adopted in the Master Plan;

2. Proposed uses and project design are compatible with

existing and planned adjoining uses and the character of the neighborhood in which the project is located;

3. Adequate public facilities required to be installed by the

developer will be provided in a timely manner to support each phase of the development in accordance with the SMARTGrowth Program;

4. Proposed uses and development standards are consistent

with the purposes of the base zoning district, where applicable; and

5. The proposed phasing of development is consistent with the

overall growth and development of the Town. Sec. 98-814. Submittal Requirements.

(a) Overview of Requirements: In establishing a Planned

Development District in accordance with this Division, the Town shall require a zoning exhibit of the development, plans, drawings, standards, and any other appropriate supportive information requested by the Town Manager or his designee that demonstrates compliance with the Criteria for Approval listed above.

(b) Application Required: In submitting an application for the PD, the

applicable submittal requirements are contained in the development application for a PD as may be updated from time to time. The Town's Development Review Committee (DRC) shall review the application for completeness and compliance with the Town’s Master Plan and all applicable ordinances and regulations.”

SECTION 3

This Ordinance shall be cumulative of all provisions of ordinances of the Town of

Flower Mound, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

Page 553 of 555


SECTION 4

It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION 5

Any person, firm, or corporation who violates any provision of this Ordinance as adopted by the Town Council of the Town of Flower Mound shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as provided in Section 1-13 of the Code of Ordinances of the Town of Flower Mound. Each day any such violation or violations exist shall constitute a separate offense and shall be punishable as such.

SECTION 6

This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Flower Mound, Texas.

DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN

OF FLOWER MOUND, TEXAS, BY A VOTE OF _____ TO_____, ON THIS THE ____ DAY OF _______________, 2013.

APPROVED: ______________________________ Thomas E. Hayden, MAYOR

ATTEST: ____________________________________ Theresa Scott, TOWN SECRETARY

Page 554 of 555


APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, TOWN ATTORNEY

Page 555 of 555

Town Council Future Agenda Items - 2013

Consent Consider approval of the minutes from a regular meeting of the Town Council; Town of Flower Mound Fire Control, Prevention, and Emergency Medical Services District Special meeting; and Crime Control and Prevention District Special meeting held on November 18,

12/16/2013

Consent Consider approval of the minutes from a work session of the Town Council held on November 21, 2013.

Consent Consider approval of the minutes from a regular meeting of the Town Council; Town of Flower Mound Fire Control, Prevention, and Emergency Medical Services District Special meeting; and Crime Control and Prevention District Special meeting held on December 2,

Consent Consider approval of a contract with XXX in the amount of XXX for reinsurance coverage for the Town's Group Health Plan.

Consent Consider approval of an Interlocal Agreement with Lewisville Independent School District (LISD) for additional School Resource Officers (SRO), and provisions for equal contributions from LISD and the Town to cover the cost of salary and benefits for current and additional officers; and authorization for the Mayor to execute the same on behalf of the Town.

Consent Consider approval of a Professional Services Agreement for monthly air monitoring by Modern Geosciences, LLC., in the amount of $_________.00; and authorization for the Mayor to execute same on behalf of the Town.

Consent Consider approval of Standards of Care for Youth Recreation Programs operated by the Town, in accordance with the Texas Human Resources Code - Section 42.041 and to adopt an ordinance providing for said Standards.

Consent Consider approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., to provide professional engineering services associated with the ADA Transition Plan & Implementation project, in the amount of $110,000.00; and authorization for the Mayor to execute the same on behalf of the Town.

Consent Wastewater Treatment Plant Rehabilitation Phase 3 - Construction Award.

Consent Consider approval of the award of Competitive Sealed Bid No. 2014-1-B for the Bakers Branch Collector Phase I (Gerault to Lower Timber Interceptor) project, to North Texas Contracting, Inc., in the amount of $459,433.00; and authorization for the Mayor to execute same on behalf of the Town.

Consent Consider approval of a site master plan for the 243 acre Twin Coves Park to MHS Planning and Design, LLC., in the amount of $24,700.00; and authorization for the Mayor to execute the same on behalf of the Town.

Wednesday, November 27, 2013 Page 1 of 4

Consent Consider approval of Change Order No. 2 for the Operations and Maintenance Facility project, with CF Jordan Inc., for an increase of $XX,XXX.XX; and authorization for the Mayor to execute the same on behalf of the Town.

12/16/2013

Consent Consider approval of Amendment No. 2 to the Fiscal Year 2013-2014 Capital Improvement Program.

Consent Aerial Lift Bucket Truck

Consent Consider approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., to provide professional engineering services associated with the Pintail Ground Storage Tank Rehabilitation project, in the amount of $31,000.00; and authorization for the Mayor to execute the same on behalf of the Town.

Presentation Proclamation and presentation of Hometown Hero banner to Leland Mebine.

Regular Public Hearing to consider a request for a Master Plan Amendment to amend Section 1.0 Land Use Plan (MPA 13-0006 - Hilliard Tract) to change the current land use designation from Low Density Residential and Estate Residential uses to Medium Density Residential uses and to consider adopting an ordinance providing for said amendment. The property is generally located west of Lake Forest Boulevard, east of Long Prairie Road, and north of Aberdeen Drive. (The Planning and Zoning Commission recommended by a vote of to at its December 9, 2013, meeting.)

Regular Public Hearing to consider a request for rezoning (ZPD 13-0007 - Hilliard Tract) from Agricultural District (A) uses to Planned Development District No. 129 (PD-129) with Single-Family District-10 (SF-10) uses, and to modify the minimum standards set forth in the Single-Family District-10 (SF-10) zoning district regulations by increasing the maximum lot coverage and to consider adopting an ordinance providing for said amendment. The property is generally located west of Lake Forest Boulevard, east of Long Prairie Road, and north of Aberdeen Drive. (The Planning and Zoning Commission recommended by a vote of to at its December 9, 2013, meeting.)

Regular Public Hearing to consider a request for an amendment to Chapter 90, “Subdivisions,” of the Town’s Code of Ordinances (LDR 13-0003) by amending Section 90-402, entitled “Minimum Drainage Standards,” and adding three new sections, identified as Section 90-403, “Floodplain Influence Zone,” Section 90-404, “Town Fully Developed Floodplain,” and Section 90-405, “Special Flood Hazard Area (FEMA Floodplain)”; and for an amendment to Chapter 98, “Zoning,” by amending Section 98-1081, “Floodplain Prefix to District Designation” all of which revisions modify the Town’s floodplain standards, and to consider adopting an ordinance providing for said amendment. (The Planning and Zoning Commission recommended by a vote of to at its December 9, 2013, meeting.)

Consent Flower Mound Equestrian Trail Master Design Award.TBD

Consent Pressure Reducing Valves - Construction Award.

Consent Raintree 12-Inch Water Line Construction Award.

Consent FM 1171 @ Forums Signal Construction Award.


Consent Wastewater Treatment Plant Rehabilitation Phase IV Construction Award.TBD

Consent Oak Street Lift Station and Force Main Phase III Construction Award.

Consent Impact Fee Update Design Award.

Consent Lakeside Lift Station and Force Main Construction Award.

Consent Consider approval of an ordinance amending the Code of Ordinances of the Town of Flower Mound, Texas, by amending Chapter 14, “Buildings and building regulations,” Section 14-542, entitled “Perimeter Fence Standards”.

Consent Regency Park Booster Pump Construction Award.

Consent Consider approval of a Real Property Exchange Agreement by and between the Town of Flower Mound, and Toll BBC LLC, exchanging approximately 0.225 acres of unimproved Town-owned right-of-way in the Lake Forest Phase II North Addition for approximately 0.344 acres of land owned by Toll BBC LLC, in the Flower Mound Oaks Addition; and authorization for the mayor to execute all documents related to said real property exchange on behalf of the Town.

Consent Town Wide Lift Station Auxiliary Power Upgrade Change Order 1 and Final Acceptance.

Regular Public Hearing to consider an application for a tree removal permit for the removal of three (3) specimen trees on property proposed for development as the Hilliard Tract. The property is generally located west of Lake Forest Boulevard, east of Long Prairie Road, north of Aberdeen Drive. (This item was postponed at the October 1, 2013, meeting of the Environmental Conservation Commission). (The Environmental Conservation Commission recommended approval by a vote of 6 - 0 at its November 5, 2013, meeting).

Regular Public Hearing to consider an application for a tree removal permit for the removal of five (5) specimen trees on property proposed for development as Canyon Falls - Phase 2. The property is generally located north of F.M. 1171 and west of U.S. 377. (The Environmental Conservation Commission recommended approval by a vote of 6 - 0 at its October 1, 2013, meeting).

Regular Public Hearing to consider an application for a tree removal permit for the removal of four (4) specimen trees on property proposed for development as the Bunn – Gourley Tract. The property is generally located south of Cross Timbers Road and east of Flower Mound Road.

Regular Public Hearing to consider an application for a tree removal permit for the removal of one (1) specimen tree on property proposed for development as Lakeside Ranch Building 34. The property is generally located south of Lakeside Parkway, west of Garden Ridge Boulevard, and north of Enterprise Road. (The Environmental Conservation Commission recommended approval by a vote of 5 - 1 at its November 5, 2013, meeting).

Regular Transportation System Model Update.

Regular Water and Wastewater System Model Update (Presentation).


Regular Obenchain gas well pad site Road Maintenance Agreement.TBD


Town Council Future Agenda Items - 2014

Consent Consider approval of the minutes from a regular meeting of the Town Council held on December 16, 2013.

01/06/2014

Consent CoServ Agreement for Wastewater Treatment Plant.

Consent Wastewater Treatment Plant Rehabilitation Phase IV Design Award.

Consent West Windsor Extension Change Order 4 and Final Acceptance.

Consent Wellington Interceptor Section 2 Construction Award.

Consent Bakers Branch Collector Testing Award.

Consent BradenBakersfield Final Acceptance.

Consent Consider approval of an Interlocal Cooperation Agreement with Denton County for the provision of fire protection services for the benefit of the citizens of Flower Mound and Denton County, and authorization for the Mayor to execute same on behalf of the Town

Consent Consider approval of an Interlocal Cooperation Agreement with Denton County for the provision of ambulance services for the benefit of the citizens of Flower Mound and Denton County, and authorization for the Mayor to execute same on behalf of the Town

Consent Jake's Hilltop Parking Lot Change Order 1 and Final Acceptance.

Consent Timber Creek Road Reconstruction Change Order and Final Acceptance.

Consent FM 2499 at Lakeside Intersection Improvements Construction Award.

Consent Old Settlers and Peters Colony Intersection Change Order and Final Acceptance.

Consent Consider approval of the minutes from a regular meeting of the Town Council held on January 6, 2014.

01/16/2014

Work Session

Reuse Masterplan - Work Shop

Consent Consider approval of the minutes from a work session and special meeting of the Town Council held on January 16, 2014.

02/03/2014

Consent Senior Center Atmos Gas Line Agreement.

Consent New Senior Center Construction Award.


Consent Sidewalk Links Construction Award.02/03/2014

Consent Sagebrush Drive Design Award.

Consent Wichita Trail Change Order 8 and Final Acceptance.

Consent Water and Wastewater Systems Model Update Design Award.

Consent Wastewater Treatment Plant Clarification Rehabilitation Construction Award.

Consent FM 2499 at Lakeside Intersection Improvements Testing Award.

Consent FM1171 to Hwy 377 and Hwy 377/UPRR Waterline Final Acceptance.

Consent Bakers Branch at 1901 Doubletree - Creek Bank Reinforcement Award.

Consent Wellington Interceptor Section 2 Testing Award.

Presentation Proclamation and presentation of Hometown Hero banner to James Lancaster.

Consent Consider approval of the minutes from a regular meeting of the Town Council held on February 3, 2014.

02/17/2014

Consent New Senior Center Testing Award.

Consent Senior Center Atmos Gas Line Construction.

Consent Western Pump Station Phase I Construction Award.

Consent Long Prairie 12-Inch Water Line and FM 2499 12-Inch Water Line Phase III Construction Award.

Consent Upper Timber Creek Interceptor Change Order and Final Acceptance.


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