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HomeMy WebLinkAboutJanuary 11, 2000 Agenda AGENDA CITY OF DENTON CITY COUNCIL January 11, 2000 ~oendaltem~ ,-'-'-- After determining that a quorum is present and convening in an Open Meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, January 11, 2000 at 5:30 p.m. in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5:30 p.m. and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting: [**Before the Denton City Council may deliberate, vote, or take final action on each of the agenda items posted as a competitive matter in a Closed Meeting under the provisions of TEX. GOV'T. CODE Section 551.086(c), the City Council must first make a good faith determination, by majority vote of its members, that the particular agenda item is a competitive matter that satisfies the requirements of Section 551.086(b)(3). The vote shall be taken during the Closed Meeting and shall be included in the certified agenda of the Closed Meeting. If the City Council fails to determine by a majority vote that the particular agenda item satisfies the requirements of Section 551.086(b)(3), the City Council may not deliberate or take any further action on that agenda item in the Closed Meeting.] mo Deliberations Regarding Certain Public Power Utilities Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Further discuss, deliberate, consider, provide staff direction, and take action as necessary concerning the updated Denton Municipal Electric ("DME") financial model; and receive further competitive commercial, financial, and technical information from DME staff concerning the updated DME financial model; the assumptions used in the development of the model; including forecasting and planning strategies and options regarding the future operations and position of DME in a competitive, deregulated, restructured electric marketplace. The information presented will involve issues and projections respecting a number of possible alternate electric competitive scenarios in which Denton might operate during the next twenty years. Bo Deliberations Regarding Certain Public Power Utilities: Competitive Matters --- Under TEX. GOV'T. CODE Section 551.086.** Consultation With Attorney --- Under TEX. GOV'T. CODE Section 551.071. Deliberations Concerning Real Property --- Under TEX. GOV'T. CODE, Section 551.072. Consider, discuss, deliberate, provide staff with direction, and take action as necessary respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located on Spencer Road in Denton County, Texas; the City of Denton City Council Agenda January 11, 2000 Page 2 two hydroelectric facilities located in Denton County, Texas; and other components of the City's electric generation assets. Conduct a consultation with the City's attorneys, in order to obtain the advice and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. Co Deliberations Regarding Real Property - Under TEX. GOV'T. CODE Section 551.072. Consider possible property acquisition for relocation of Edwards and Mayhill Roads near State School Road, in the D. Lambert Survey, Abstract 784, in the M.E.P. & P.R.R. Co. Survey, Abstract 950, and in the G. Walker Survey, Abstract 1330. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN 1N AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551.086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION"). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, SECTIONS 551.001, ET SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE TEXAS OPEN MEETINGS ACT. Work Session of the City of Denton City Council on Tuesday, January 11, 2000 at 6:30 p.m. in the Council Work Session Room in City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. City of Denton City Council Agenda January 11, 2000 Page 3 Receive a presentation from Wallace Duvall, Chair of the Human Services Advisory Committee, and Elinor Hughes, Human Services Advisory Committee member, to discuss potential changes to the funding allocations process Receive a report, hold a discussion, and give staff direction regarding the status of the bridge at Fred Moore Park. Receive a report and provide direction regarding division of multiply certified electric service areas. Receive a report, hold a discussion and give staff direction regarding amending the regulations to allow for expanded circumstances for excused absences from Board/Commission meetings. o Receive a report, hold a discussion and give staff direction regarding time limitations for council meetings and work sessions. Receive a report, hold a discussion, and give staff direction regarding requested information on contracts with minority owned and operated professional service businesses. Receive a report, hold a discussion, and give staff direction regarding the provision and maintenance of Open Space and related amenities. Receive a report, hold a discussion, and give staff direction regarding the draft interim nonresidential development standards ordinance. Receive a report, hold a discussion, and give staff direction regarding the draft interim residential development standards ordinance. Following the completion of the Work Session the Council will convene into a Special Called Session to consider the following: Hold the first of two public heatings regarding a proposed voluntary annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in southeast Denton. The property is the Denton Mtmicipal Electric generation plant. The zoning at the time of annexation will be Light Industrial (LI). (A-98, DME Spencer Road generation plant) Consider the following requests for relief from the provisions of Ordinances 99-473 and 99- 474, establishing moratoria to apply to certain specified development applications: Business Park on Teasley Lane Lakeview Ranch Centre Place Silver Dome and Cooper Creek Ace Business Park City of Denton City Council Agenda January 11, 2000 Page 4 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: January 11, 2000 f DEPARTMENT: Planning and Develo CM/DCM/ACM: David Hill, 349-8314J~ t;//~, Agenda Item / SUBJECT Receive a presentation by Wallace Duvall, Chair of the Human Services Advisory Committee, and Elinor Hughes, Human Services Advisory Committee member, to discuss potential changes to the funding allocations process. BACKGROUND The Human Services Advisory Committee worked with the United Way of Denton County and Flow Foundation to conduct a community wide assessment. The purpose of the Community Assessment is to compile a base-line assessment of community resources and services. The assessment identified gaps in social services that currently exist. From the assessment, funding organizations will be better prepared to make allocations decisions that will improve the human services delivery system in the Denton area. For years, funding organizations have struggled in making funding decisions due to the fact that agency applications and testimony are the primary sources of needs data. As a result of the community assessment project, HSC members will make changes to their current human services recommendations process. These changes are likely to entail targeting specific human services dollars to meet priority needs. HSC may choose to use a request for proposals process to allocate a portion of the fimding. The Human Services Committee would like City Council support for the potential changes before the FY 2000-01 application process begins. The Committee would also like to have City Council informed before it speaks with agency directors about the changes. ESTIMATED SCHEDULE OF PROJECT The 1999 Community Assessment was completed by Texas Woman's University in December. HSC members will review the information and develop an appropriate allocation process by February 15. Committee recommendations will be completed by March 15. P~el PRIOR ACTION/REVIEW (Council, Boards, Commissions) There has been no prior action or review from City Council. FISCAL INFORMATION Funding for the Community Assessment is being provided primarily by the United Way of Denton County and the Flow Foundation. City of Denton Vision funding has also supported the assessment. The Human Services Committee may choose to recommend a set aside in the human services budget to carry out annual updates to the assessment. BID INFORMATION N/A ATTACHMENTS Memorandum from Dr. Wallace Duvall to Mayor and City Council (pp. 3 - 4) 1998-99 Human Services Advisory Committee Funding Recommendations (p. 5) Power Point Presentation (pp. 6 - 12) Prepared by Respectfully obmitted: Director of Planning and Development Dan Leal Human Services Coordinator Page 2 November 11, 1999 To- From: Re: Mayor and Members of the City Council Dr. Wallace Duvall, Chair, Human Services Advisory Committee Potential changes to Human Services Recommendation Process The Human Services Advisory Committee (HSAC) requests an appearance before the City Council at your work session on December 14 to discuss a change in the way the Committee arrives at funding recommendations. The committee has felt a sense of frustration with the process we use to determine how allocations should be made--detailed applications and lengthy hearings with agency representatives. The process tells us whether the agencies are meeting needs of clients, but it does not tell us how to determine which programs meet our citizens' most urgent needs. Added to this is the widening discrepancy between dollars requested and dollars available. In 1999 thirty-five agencies requested $641,431. Available dollars: $392,900. To be fiscally responsible and responsible to our citizens, changes need to be made. We believe we now have a tool that can help us do that. Because other funding agencies were experiencing some of the same problems, we were able to join With the United Way and the Flow Foundation to do a comprehensive assessment of our present assets (social service agencies, governmental entities, etc.) and key indicators (e.g., data from the Health Dept. and DISD) to identify gaps in services. Prior assessments have dealt with perceived needs; this assessment will use verifiable data. The results will be made available to the agencies. (Additional information on the comprehensive assessment is available on the attached sheet.) As a result of the community assessment project, the HSAC is likely to recommend targeting dollars to meet priority needs, even using a request for proposals process t° allocate a portion of the funding. The idea would not be to create new agencies but rather to stimulate agencies to create targeted programs supported by already existing administrative structures. Significant change is unsettling. Some agencies that have considered tile city's funding an "entitlement" will need to seek other sources of funding if their programs do not address one of the most critical needs. Others may not receive as much as they have in the past, though we will need to avoid creating new gaps in services by cutting funding. In order for the process to work, the council and the committee need to have a common vision of how we can improve the human services delivery system in Denton. We look forward to meeting with you to provide additional information and answer any questions you may have. Page 3 1999 Community Assessment The Human Services Advisory Committee is working on a committee with the United Way of Denton County and the Flow Foundation to prepare a community-wide assessment. The assessment committee has contractd with the Texas Woman's University Sociology Department to design survey documents, provide staff, and analyze the data. The Denton Independent School District and Denton County Health Department have also contributed information and staff to the Community Assessment' Committee. In the past, needs assessments have identified perceived needs. This 1999 assessment utilizes verifiable data from information found in a study of key indicators and from an assets inventory. Information found in the key indicators study includes data from a variety of categories: health, status of older adults, status of children and youth, status of households and families, economic factors, employment, and welfore reform. Key indicators will be compared to assets information gathered from social service agencies, government entities, and churches to identify gaps and determine top community nseds. From the assessment, funding organizations should be better prepared to make allocation decisions that will improve the human services delivery system in Denton. The 1999 Community Assessment is a pilot for future assessments in an on-going process. Comparison of the data on key indicators with this baseline year will allow us to determine whether programs are effectively addressing problems. The assessment is expected to be completed by December 1, 1999. TWU is currently working on the analysis portion of the survey. On January 7 the HSC will meet with agency heads to receive input and discuss potential changes to the allocation process. The Human Services Advisory Committee will review the gathered information and develop an appropriate allocation process by February 15. Committee recommendations will be completed by March 15. Page 4 8 69' Page 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Page 7 Page 8 o 0 Page 9 F..T..] 0 0 < Page 10 Page 11 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 11, 2000 General Government Rick Svehla, Deputy City Manager Aoendaltem , Date / 0 0 SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the status of the bridge at Fred Moore Park. BACKGROUND: Ms. Hawk and Mr. Redmon appeared at council requesting that the council participate in the relocation of two bridges instead of one. Council asked for an update and status of the project. OPTIONS: 1. Continue efforts to obtain one bridge. 2. Ask the county to mothball the second bridge. RECOMMENDATIONS: Staff would recommend continuing our efforts to obtain one bridge and relocate to Fred Moore Park. ESTIMATED SCHEDULE OF PROJECT: Fall of 2000. FISCAL INFORMATION: Estimated cost if $115,000. Respectfully submitted: Rick Svehla Deputy City Manager 215 E. McKINNEY DENTON, TEXAS 76201 * (940) 349-8307 * FAX (940) 349-8596 OFFICE OF THE CITY MANAGE~ MEMORANDUM DATE: January 11, 2000 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: STATUS OF THE BRIDGE FOR FRED MOORE PARK I will attempt to give the Council a chronological status of where we've been and where we are with the bridge project for Fred Moore Park. During the budget discussions this year we received copies of an estimate that was submitted to the hotel motel tax committee by Ms. Mildred Hawk. You can see from the attached information that the original estimate to move the Tom Cole Road Bridge was estimated at $116,800. Since that time we've have begun preliminary engineering and found that the Tom Cole Road Bridge was a little short to enable us to make the crossing at the location of the old footbridge in Fred Moore Park. However, TXDOT is also replacing the bridge at County Line Road. That bridge's center span is a little bit longer and would enable us to use it at the crossing at the old footbridge in Fred Moore Park. Consequently, we began to work with TXDOT and the County to acquire that bridge. Our first discussions were with TXDOT and Buz Elsom. They occurred in October and November. Buz Elsom was very helpful and suggested trying to use some of the funding that would be in the contract for the bridge replacement to help us move the bridge. The funding that is in those contracts is generally used for demolition of the bridges. With that advice, we made contact with the county. We talked to Mr. James Wagner, Director of Centralized Road and Bridge. He and his staff were very helpful. They indicated that they were agreeable to using part of that demolition money to move the center span of the bridge we needed. Through the month of December I had several conversations with both Buz and James to talk about the particulars. We wrote the attached letter to the County asking for the bridge at the suggestion of Mr. Elsom. Mr. Wagner had his staff and attorneys look at the letter. On December 20th we were notified that we would have to actually ask the Court to sell us the bridge for a nominal fee. Consequently, we sent the second letter to Judge Wilson. All of this was predicated on a January bid date by TXDOT. In the meantime, we began work internally with our staff to generate specifications and to make sure we were doing everything to properly move and restore the bridge. In order to do that Howard Martin and his staff have been working with Bill Gibson and Associates (the company that gave Ms. Hawk the original estimate). Howard continues to develop specifications for that bridge. His latest estimates are that we will use all of the money that is set-aside in the HOT (Hotel Occupancy Tax) funds, $116,800. In fact, we are concerned that we may need more funding than that. One of the hedges we have to that funding level is the participation money that we might get from the TXDOT contract (i.e., part of the demolition funds to use for moving the bridge). "Dedicated to Quality Service" www. cit¥ofdenton, corn 215 E. McKINNEY DENTON, TEXAS 76201 * (940) 349-8307 * FAX (940) 349-8596 OFFICE OF THE CITY MANAG~ We also we wanted to give you a little history about the conversations we have had with Ms. Hawk and Mr. Redmon. In November; I personally visited with Mr. Redmon about which bridge we were trying to use and why we had to use the bridge on County Line Road versus the bridge on Tom Cole Road. That discussion revolved around the length of the center span and the width of the channel at Fred Moore Park, more particularly the width of the channel at the location of the old footbridge. After that meeting I believe Mr. Redmon understood that we needed the longer bridge. That longer bridge would make the channel crossing feasible and also help keep in tact all of the flood mitigation that we had done with the channel (i.e., shrinking of the flood plains). Subsequent to that I've had at least two conversations with Mr. Redmon about costs and about asking if we could do more than one bridge. My response to that was that that would be a council decision after we saw how much money we would have to spend on the first bridge. Mr. Redmon reminded me that there were actually two-foot bridges that were removed for the channel work. I agreed, and reminded him that we were working on the first bridge crossing in Fred Moore and secondly, that we had installed sidewalks on all the new street crossings and; thirdly, all of these plans were reviewed with the neighborhood prior to building the channel. During this time Ms. Hawk also began to call asking us why we couldn't use two bridges. I, again, reiterated the same information (i.e., we were concerned about costs and it would have to be a council decision to use two bridges rather than one if there was any money left or if new money could be found). After that I also drafted a letter for the Mayor that reiterated these ideas (see attached) because Ms. Hawk had called the Mayor. I might also add that our thought is still the same, if the county is agreeable to trying to save the second bridge and hold it for a while, there might be a way to find more monies at a later date, just as we suggested in the Mayor's letter. Tuesday night Mr. Redmon suggested that we use this second bridge as part of the Rails to Trails. If our conclusions are correct, and the cost to refurbish and move one of these bridges is $100,000. Funds for the Rails to Trails project are limited and do not include the cost for any new bridges. Funds for the refurbishment of several existing trestles and trail surfacing only are provided. We have looked at building a new pedestrian bridge not just for the Rails to Trails, but also in Fred Moore Park. The latest estimates from the Parks Department would be a cost somewhere in the range of $50,000 to $70,000. This is significantly less than refurbishing one of the historical bridges. Since there are funding shortages for the Rails to Trails, this would have to be another consideration that would to be looked at by the council. Therefore, again, we think it appropriate that Ms. Hawk approach the county about maintaining this second bridge at this time. In conclusion, we continue to work very diligently to try to get our specifications and our end of this whole bridge replacement project in order. We are moving ahead as fast as we can. We think it only prudent that we wait and evaluate the cost benefits before we commit to using a second bridge. We believe we have the county agreeable to giving us the first bridge and we continue to work with TXDOT. The critical element in this project is getting the bridge from the "Dedicated to Quality Service" www. cityofdenton, corn 215 E. McKINNEY DENTON, TEXAS 76201 · (940) 349-8307 · FAX (940) 349-8596 OFFICE OF THE CITY MANAG~t~ county when TXDOT replaces it. When I called to verify their schedule, Buz's staff informed me that their bidding schedule had changed and they were now looking at a June bid date. This will help us to make sure we are doing everything we can to move the bridge in the most efficient and cost saving manner. On the other hand, it will mean that Fred Moore Park will be without a mid-block channel crossing for a longer time. We are continuing to verify the timing change by TXDOT and will let you know what has happened, as we know more details. We will be at the Council meeting on Tuesday night to try and answer any questions that the Council m~~ Rick Svehla Deputy City Manager RS:af Attachments "Dedicated to Quality Service" www. cit¥ofdenton, corn Denton County Historical Commission HOTEL TAX RECIPIENT APPLICATION 1. Which program category (or categories) best describes your organization's intended use of hotel tax funds? Category D--Historical Providing historical restoration, preservation programs, and encouragement to visit preserved historic sites or museums 2. Briefly state the purpose of your organization. (Attach a copy of your organization's bylaws and, if applicable, IRS tax exemption forms.) See Exhibit A The Denton County Historical Commission (DCHC) functions to promote historic preservation in Denton County. The DCHC is a volunteer organization whose members are appointed by the Denton County Commissioners Court and provide the identification, collection, and preservation of historic materials through the work of committees. See Exhibit A for By-Laws of the Denton County Historical Co~Lission. 3. Describe in detail the intended use of the hotel tax funds and relate it to the mission of your organization. The DCHC requests funds to install a Historic Iron Bridge in the Fred Moore Park in the Southeast portion of the City of Denton. The Chairman of the Bridges Committee identifies Historic Iron Bridges and included them in the Historic Iron Bridges of Denton County brochure. The State of Texas will be removing the bridge and can relocate it to the park. This will provide a part of Denton County History in a City Park. This is an excellent representation of these early Denton bridges and can provide access across the creek for the park. See Exhibit E for Historic Iron Bridges of Denton County brochure. The Denton County Historical Commission requests money to place the bridge and connecting walks for approaches. A plaque with the history of the bridge will be placed in it. CityofDenton Page 1 of 9 06 11 99 Denton County Historical Commission 4. Please submit an annual proposed budget of hotel tax expenditures for all periods for which your organization is requesting funds. Show expenditures by program category. Exhibit B - Proposed Budget 5. Describe how this use will attract tourists or overnight guests to the City of Denton. This will make a historic bridge available in the center of Denton. Interesting parks are an important part of the attraction of people to the city. 6. Do you plan to advertise outside the City of Denton and what sources of advertising will you use. We will use newspaper stories to distribute free information about historic bridges and related activities. We will provide information to the groups publishing about Denton so that parks and bridges will be included. In addition we will distribute stories to preservation publications to attract people to Denton. Information will be included in Denton Chamber of Commerce and the Main Street Web sites. 7. What specific market areas will you target? We will target adults and children of all socioeconomic groups. 8. Is the intended use of the hotel tax funds a one-time usage or is it intended to become an on-going program? If it is intended to become an on-going program, what is your strategy to develop the program? The request is for a one-time usage of hotel tax funds for reconstructive preservation of the Tom Cole Iron Bridge to a Denton City Park. 9. please provide a current audited financial statement of your organization. Exhibit C - Financial Info~Lation. Since the DCHC is part of Denton County budget, a May financial statement is provided for your information. This should be more informative than the Denton County Audit report. City of Denton Page 2 of 9 06 11 99 Denton County Historical Commission :1.0. Please submit a list of officers/board members. See Exhibit D. List of Officers and Commission Menmbers 11. How long have you received hotel tax funds? Since program year 1999. 12. What year did you provide: a. A segregated bank account for hotel tax funds? b. Segregated and detailed accounting of hotel tax fund expenditures. 13. If you did not have a segregated bank account as of the date noted in Question #11, can you provide a detail accounting of the receipt and expenditures of the hotel tax funds for that period? YES 14. Since the date noted in Question ~11, what,is your major accomplishment that the use of hotel tax funds has supported, and what were the major fund uses for that program? ACCOMPLISHMENT We are still in the planning process for location of the kiln. The original planned site in the Historic Parks of Denton County was found to have a drainage problem that would have destroyed the kiln. A site in another park has been identified and soon we should begin the reconstruction of the kiln. It is safely stored in a county building. MAJOR RELATED EXPENDITURES No expenditures have been made. 15. Do your tax supported programs promote tourism to overnight guests? Yes, when completed. 16. Give statistics as to the success of this promotion of tourism. 06 11 99 City of Denton Page 3iff9 Denton County Historical CommiSsion 17. DO you specifically advertise outside of Denton? Provide examples and evidence of readership or marketing area. N/A 18. Other Comments We certify that the information in this questionnaire, including all exhibits and supporting material, is true and correct to the best of our knowledge. It is understood and agreed that any funds awarded as a result of this questionnaire will be used for the Purposes set forth herein. Board Chairman: ~g~uey~ ~~~ate: Dr. Mary Evelyn Bla , / Project Dzrector Mildred Hawk" Date: ~/0" ~ City of Denton Page 4 of 9 06 11 99 7 c~,~.,~ OY:Xerox Telecopier 7021 ; 6-10-99 ;10:11AM ; Gibson & Associatesw 940 565 8693;~ 2 11210 Rylleor#t P,O. I~x SOOS?S 8ale~ 8pr~n~l, Texel 75180~7e J~c 9, 1999 GIBSON & ASSOCIATES, INC. Demon Coanty Historical Commission c/o Ms. Mildred Hawk 220 Woodland Denton, Texas 76201 RE: Move Tom Cole Road Bridge over Hickory Creek to Fred Moore Park Dear Ms, Hawk: We are pleased m quote the following cost estimates for furnisMng all material, labor, and equipment necessary to construct the following items of work on the above referenced project: Dismantle one trtlss bridge and four approach spans, move to new location and m-assemble same: 1 Lump Sum @ $59,800.00/LS = $59,800.00 ConStruct now sub-structure for thc above bridge (two abutments and four piers and caps): 1 Lump Sum ~ $37,500.00/LS = $37,500.00 Repair existing structural damage to the old super-structure: 1 Lump Sum@ $18,500.00/LS -- $18,500.00 Work can begin within thirty days aRer receipt of notice to proceed and be complete in fourteen working days for item number one, seven WOrking days for item number two, and six working. days for item number three. All work to the Texas Department of TranspOrtation Standard Speciiications. Our price includes insurance, applicable sales tax, design work tot the new sub-structure, field engineering, chemical toilets, removin/: and disposing of the existing sub-structure, dismantling, moving and re-assembling the five super-structures, constructing new drill piers, steel columns, caps, and abutments at the new location (our pricing assumes that there is adequate access and dry conditions at the new site), superintendent, cranes, trucks, forklifts, TxDOT certified welder, concrete, and the clean up of our work ar~a. Denton County Historical Commission EXHIBIT B Proposed Budget Labor to dismantle, move, and re-assemble Bridge $59,800.00 New Site Bridge support cost $37,500.00 Repair existing structural damages $18,500.00 Marker with historical information $1,000.00 Total: $116,800.00 City of Denton Page 6 of 9 9 06 11 99 BY:Xerox Telecopier 7021 ; 6-10-98 ;10:1lAM ; Gibson & Associa=es~ 940 565 8693;~ 3 Ms, Mildred Hawk June 9, 1999 Page 2 Our price exclude., performance and Payment bonds (if required, please add 2% W our quoted prices), any new deck limbers, and any paintin~ of the structures. (The existing paint probably contains lead.) If there are any questions regarding this matter, please call me. Very truly yours, GIBSON & ASSOCIATES, INC, William B, Oibson, P.E. President .... WEG/sc Cc: Sack Wagner Denton County R ,~ B 10 HISTORIC IRON BRIDGES OF DENTON COUNTY ,ron bridge construction in Denton County during the 1880's took place within the context of the first dramatic population increase and development boom in the coun- try's history. These last two decades witnessed the estab- lishment of the Exchange National Bank (Denton's second bank - 1883), the Texas Normal College (1891), the first Denton City public free school (1884), the first County Fair, the first telephone facilities, and three major railroad connections. Iron bridge construction went hand-in-glove with these developments. The same local newspaper that catalogued these events reported an expenditure of $125,000 on bridge construction and boasted that "a majority of these are made of iron." The iron bridge was seen as a symbol of modernity, a badge of stature for the community and its growing economic and cultural for- tunes. As an example of the county's commitment to the con- struction of iron bridges, the 1883 Commissioner's Court authorized the building of eight of these structures on the county's major transportation arteries. The fact that the commissioners authorized the appropriation of $10,000 f' '~ the county's Permanent School Fund to finance their ~. ~truction underscored the importance with which they were held.~ A number of referendum elections were ordered between 1880 and 1895 to determine the expen- ditures of public money on iron bridges. Approximately a score of iron bridges, many of the Pratt Truss type, were built in Denton County by 1910. The construction and financing of the Iron Pratt-Truss bridge at Alton was approved by the Commissioner's Court of Denton County on August 20, 1884. Apparently, the bridge was to be built at another place, but the Court confirmed its decision on the Alton site in its August min- utes. The bridge had probably been under construction for a number of months prior to this, because the September 22, 1884 Court minutes described the com- missioner's inspection and approval of the completed bridge. The contract for the Alton bridge was awarded to the King Iron Bridge and Manufacturing Company of Cleveland, Ohio. This company was responsible for almost all iron bridge construction in Denton County during the 19th century. HISTORICAL IRON BRIDGES OF DENTON COUNTY I (C6) ELM FORK OF TRINITY RIVER AT FM428 2 (C1) SOUTH HICKORY CREEK AT DONALD ROAD 3 (03) NORTH HICKORY CREEK AT PLAINVlEW ROAD 4 (B3) CLEAR CREEK AT SAM BASS ROAD 5 (C4) MILAM CREEK AT GANZER ROAD 6 (B3) DUCK CREEK AT SAM BASS ROAD 7 (A3) DUCK CREEK AT GREGORY ROAD 8 (cs) CLEAR CREEK AT RECTOR ROAD 9 (a3) DUCK CREEK AT BELZ ROAD 10 (C4) CLEAR CREEK AT NICHOLSON ROAD 11 (B2) CLEAR CREEK AT WADEROAD 12 (03) HICKORY CREEK AT TOM COLE ROAD 13 (03) HICKORY CREEK AT SKILES ROAD 14 (C8) LITTLE ELM AT TOM COLE ROAD 15 (E5) HICKORY CREEK AT COPPER CANYON ROAD 16 (G3) HENRIETTA CREEK AT LITSEY ROAD 17 (01) DENTON CREEK AT COUNTY LINE ROAD A D ';? TARRANT ¢ ,n early 1996, the State of Texas declared bridges #3, #11, #12, and #17 unsafe. The State. will put these bridges on state funding, paying most of the cost of their replacement. It is hoped that all these bridges can be saved or moved for limited use and enjoyment of future generations. It is hoped that #3 can be moved to Krum for their new park, that #11 will be maintained at its present location, that #12 can be bypassed or moved over on the same creek and used for pedestrian/equestrian use, 2 · PROX. SCALE IN MILE9 I 2 3 4, ~ -COOKE COUNTY 3 · DEN 4 COUNTY HAY ROBERTS LAKE COOKE COUNTY Fl~r 7 · 8 GRAYSON COUNTY TARRANT COUNTY I DALLAS COUNTY 2 · 3 · 4 · 5 · 6 · 7 · 8 B C D E F G and that #17 can be used by the City of Denton in its' park. Bridge #15, which has a National Registry, was declared by the State to be unsafe. This bridge along with bridge #1, which was bypassed in 1989, may be used in a green belt trail for pedestrian/equestrian traffic. 12 CITY OF DENTON, TEXAS Office of the City Manager · 215 E. McKinney · Denton, Texas 76201 l~le~f~one~gqO)-3ztg:8307-~Fa~(g40)-3q9:8596 November 9, 1999 Mr. Buz Elsom Area Engineer TXDOT 2624 W. Prairie Denton, Texas 76201 Re: Acquisition of historic bridges in the county Dear Buz: It is our understanding that TXDOTwill bid the replacement of the bridge at County Line Road and in Denton Creek in January. The City of Denton would formally request acquisition of this structure. Further, we would ask that TXDOT use funds for demolition of the bridge to transfer the bridge to a refurbishing facility. We would ask that this done so that the bridge can be refurbished and then put back in use as a pedestrian crossing of the Pecan Tributary 4 in Fred Moore Park, City of Denton. We have spoken to the County; attached is a letter from the County agreeing to give us the bridge. They also agree to the use of demolition funds for transpodation of the bridge to the refurbishing facility. We look forward to continuing to work with TXDOT on this project and other possible projects in the future. Since Rick Svehla Deputy City Manager RS:al Attachment cc: Mayor and Members of the City Council Dave Hill, ACM Development Service Jerry Clark, Director of Engineering & Transpodation Ed Hodney, Director Parks & Recreation 215 E. McKINNEY DENTON, TEXAS 76201 * (940) 349.8307 * FAX (940) 349.8596 OFFICE OF THE CITY MANAG~It January 3, 2000 Kirk Wilson County Judge County of Denton 110 W. Hickory Denton, Texas 76201 Dear Judge Wilson: For the last couple of months we've been working with the County to obtain possession of the bridge that will be replaced in February or March on County Line Road. Last week we received information that indicated that we must ask to buy the bridge for a nominal fee under Texas Local Government Code Section 263.152. Our plans are to reuse this bridge in Fred Moore Park. In my discussions with Mr. Jack Wagner, we indicated that the City would like to obtain the bridge and also use the demolition funds available in the state contract to help transport the bridge for refurbishing and/or relocation. Mr. Wagner seemed to think that would be all right since the County's share of those demolition costs is relatively small (ten percent). By way of this letter, the City is formally asking to purchase this bridge. It is my understanding that the County must take formal action in order for us to accomplish this. Please schedule this at the earliest convenience of your self and the court. Also, t will be more than happy to appear at the Commissioner's Court if there are any questions that they Commissioners might have of the City. Please call me and let me know the scheduling of the item or if there are any other information that is required to facilitate this project. Sincerely, Rick Svehla Deputy City Manager Cc: James Wagner, Director of Centralized Road & Bridge Mayor and Members of the City Council Howard Martin, ACM Utilities "Dedicated to Quality Service" www. cit yo fden ton. corn JACK MII.LF.R MAYOR l)ccembe,' 17, 1999 CITY OF DENTON 2 t 5 EAST Mcg. INNEY .q'rR EF.T I'~ENTON, TEXAS 76201 Ms. Mildred Hawk 220 Woodland Street Denton, Texas 76201 Dear bls:'l lawk: Thank you for your phone comments yesterday. As to yot,r comment that a staff member suggested that the one bridge would cost $16,000, we acttmlly have $116.800 bt, dgeted (Ibr one bridge) for the Fred Moore Park bridge project. As staffand i have indicated, we are working to acqt, ire the County Line Bridge as our first choice. This bridge will span the channel correctly and we are working with the county and the highway department on acquiring it. We will go out for bids to refurbish and to place it so that it will provkle access and afl historical renmmbrance in Fred Moore Park. You've asked about a second bridge, namely Ihe Tom Cole Bridge. As staff has indicated, our first priority is County Linc Bridge. Once we have all of the bids and costs confirmed, which should be sometime in February or March, we woukl then be willing able to look at this second bridge. In the mean time, we would suggest you work with the county to secure that second bridge. The county, by law, is the owner of that bridge and we believe that they could secure an agreement with TXI)OT to usc the demolition money in the bridge replacement program to move the bridge rather than to dcslroy il. lflhey were able to do that. then other entities. including the City of l)enton, could look at ways to use it in the I~tture. Our slal'f will coatinue lo work on the County I.iuc Bridge and. in tile meantitne. ! would urge you to visit with tile Couuty to see il'tile Cot~tlly ca~l save tile bridge on 'l'on~ Cole Road. If you have any questions, please feel free to call Rick Svchla. a! 349-8307. Sincerely, ~ayor 17 AGENDA INFORMATION SHEET Aoenda No. Agenda Item , , Date AGENDA DATE: DEPARTMENT: ACM: January 11, 2000 Electric Utility Howard Martin, 349-8232 SUBJECT: Receive a report and provide direction regarding division of multiply certified electric service areas. BACKGROUND: Section 37.060 of SB7 provides, in part: (a) This subsection and Subsections (b) - (g) apply only to areas in which each retail electric utility that is authorized to provide retail electric service to the area is providing customer choice. For purposes of this subsection, an electric cooperative or municipally owned electric utility shall be deemed to be providing customer choice if it has approved a resolution adopting customer choice that is effective January 1, 2002, or effective within 24 months of the resolution adopting customer choice. All other retail electric utilities shall be deemed to be providing customer choice if customer choice will be allowed for customers of the retail electric utility on January 1, 2002. In areas in which each certified electric utility is providing customer choice, the commission, if requested by a retail electric utility, shall examine all areas within the service area of the retail electric utility making the request that are also certified to one or more other retail electric utilities and, after notice and hearing, shall amend the retail electric utilities' certificates so that only one retail electric utility is certified to provide distribution services in any such area. Only retail electric utilities certified to serve an area on June 1, 1999, may continue to serve the area or portion of the area under an amended certificate issued under this subsection. (b) This section does not apply in any area in which a municipally owned utility is certified to provide retail electric utility service if the municipally owned utility serving the area files with the commission by February 1, 2000, a request that areas within the certified service area of the municipally owned utility remain as presently certified. The Section instructs the PUC to take into consideration the factors prescribed by Section 37.056 in amending certificates under Section 37.060. These factors are: (1) the adequacy of existing service; (2) the need for additional service (3) the effect of granting the certification on the recipiem of the certification and any electric utility serving the proximate area; and (4) other factors, such as: (A) community values; (B) recreational and park areas; (C) historical and aesthetic values; (D) environmemal integrity; and (E) the probable improvement of service or lowering of cost to consumers in the area if the certificate is granted. Section 37.060 also allows TMPA cities to request the PUC to consider single certification of multiple certified areas within their city limits as they existed on February 1, 1999. Demon has already filed its request for single certification of the area within our February 1, 1999 City limits to DME. The application is progressing. TXU has intervened in the filing but has not indicated if they will oppose our request. CoServ indicated that they wished to negotiate over territory and a partial cable franchise as a condition to not opposing our filing. However, they did not provide any specific proposal regarding certification boundaries. Sebsequent to that discussion, CoServ has imervened in the filing and requested that portions of the area within our February 1, 1999 City limits be single certified to CoServ. It is unlikely that the PUC will make a decision on our single certification request before February 1, 2000. Denton has not made any decision regarding whether it will open its service area to retail deregulation. There is no need to make this decision immediately. In fact, the best option is probably to wait until all the rules for operation under retail deregulation are put in place before analyzing what choice is best for DME customers in the early years of retail deregulation. However, it is probable that Denton will wish to open the DME system to retail competition at some time in the future. In order to be prepared for the time when Denton chooses to open the DME service territory to retail competition, it would be wise to preserve DME's ability to serve as many customers as possible within its ETJ by requesting that multiply certified areas outside of Denton's February 1, 1999 City limits remain multiply certified. Although no one can predict the PUC's future actions, it is reasonable to assume that they may favor giving such multiply certified territory to other electric providers because they may have already given DME single certification within the February 1, 1999 City limits. Although there is no provision in SB7 to allow a municipality to rescind its request for maintaining multiple certification, such action is not forbidden. If Denton wishes to rescind its action in the future, it could approach the Legislature for the necessary authority. Two maps are attached. The first map shows electric service certification in the Denton area as it exists today. The second map, titled "Proposed Certification with Dec. 99 City Limits of Denton", shows electric certification as it would exist if the PUC grants our request to single certify the service territory within the February 1, 1999 City limits and we request that the remaining areas remain with multiple certificmion. OPTIONS: 1. File under SB7 Section 37.060 (b) to request that areas outside of Denton's February 1, 1999 City limits in which DME is certified to serve remain as presently certified. 2. Do not file any request by February 1, 2000 thus allowing requests for single certification once Denton opens its service territory to deregulation. RECOMMENDATIONS: File under SB7 Section 37.060 (b) to request that areas outside of Denton's February 1, 1999 City limits in which DME is certified to serve remain as presently certified. PRIOR ACTION/REVIEW (Council, Boards, Commission): The Public Utilities Board considered this recommendation at their January 4, 2000 meeting and voted to support staff's recommendation by a vote of 7 to 0. FISCAL INFORMATION: None MAP: See Attachments. Respectfully submitted: Sharon Mays ~ ]/ Director of Electric Utilities Agenda Item /7~ ,, Date/ // / / ,' AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: January 11, 2000 City Manager's Office Mike Jez, City Manage~t,'l'ra SUBJECT Receive a report, hold a discussion and give staff direction regarding amending the regulations to allow for expanded circumstances for excused absences from Board/Commission meetings. BACKGROUND The City Council has requested staff provide a reporting procedure for times of attendance and excused/unexcused absences for board and commission members. Currently, Chapter 2 of the Code of Ordinances indicates that the absence of any board member for more than three regularly called and scheduled meetings in any one year or lack of attendance of 50% of the number of regular meetings in a year is considered cause for removal of the member by the City Council. The only excuse for an absence in the City Code is the result of personal or family illness or death. This definition does not include an excused absence for job-related travel, city- related travel, jury duty or any similar types of absences. As membership on city boards and commissions is strictly voluntary, it is felt that such a narrow definition for excused absences coupled with the Council's desire for stricter enforcement of unexcused absences might preclude citizens from volunteering to serve on the board/commission. RECOMMENDATION Staff recommends that the definition of an excused absence be expanded to include personal or family illness, death of a family member, or other related emergencies, or absence for business reasons. Resl~tfully submitted:  r' ~lters ecretary ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-83(c) OF ARTICLE III "BOARDS, COMMIS- SIONS, AND COMMITTEES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON ESTABLISHING AN ATTENDANCE POLICY AND BROADENING THE EX- CUSED ABSENCE REQUIREMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has deemed it necessary to revise the rules for attendance of the members of the City's boards, commissions, and committees in order to provide for the orderly conduct of meetings and hearings; and WHEREAS, the City Council conveys to the citizens' that if they accept the appointment for public service that they do so with the knowledge that such service requires them to meet the attendance requirements and that such service requires personal sacrifices; and WHEREAS, the City Council believes that it is a breach of a board, commission, or committee member's duty to the public and to those board, commission, and committee mem- bers who faithfully and promptly comply with the attendance policy to be inconvenienced by members who are habitually tardy or absent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Article III "Boards, Commissions, and Committees" of the Code of Ordinances of the City of Denton is hereby amended by amending subsection (c) "Absences" of Section 2-83 to read as follows: Sec. 2-83. General rules. (c) Absences. Every board, commission, and committee member shall attend all regu- larly called and scheduled meetings of the board, commission, or committee of which he or she is a member. The chairpers°n shall announce, for the record, the names of members ab- sent and determine if the absence is excused or unexcused. Members who cannot attend the meeting should contact the chairperson or an appropriate staff liaison concerning his or her absence prior to the meeting. The unexcused absence of any board, commission, or commit- tee member from more than three (3) regularly called and scheduled meetings of the board, commission, or committee of which he or she is a member in any one (1) year or lack of at- tendance at fifty (50) percent of the number of regular meetings in a year, unless such absence is excused, shall be considered "cause," as that temi is used in section 14.16 of the Charter, for re- moval of the member by the City Council from such board, commission, or committee. An ex- cused absence shall include personal or family illness, death of a family member, jury duty, service in the armed fomes, testifying before the legislature, attending a seminar involving mu- nicipal matters of importance to the member's duties, absence necessary for the member's busi- ness or employment, and any related emergencies or other matters which the board, commission, or committee finds qualify as an excused absence. ~ttendance reports will be provided by boards, commissions, and committees to the City Council on a quarterly basis for their review. view. Copies of this ordinance shall be forwarded to members of all of the standing boards, commissions, and committees and to new members as theyare appointed. SECTION 2. That save and except as amended hereby, all the remaining sections, sub- sections, sentences, clauses, and phrases of Section 2-83 and Chapter 2 of the Code of Ordi- nances of the City of Denton shall remain in full force and effect. SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION 4. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L..PROUTY, CITY/ATTORNEY Page 2 AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 11, 2000 City Manager's Office Michael W. Jez, City Manager Agenda No. ~.-~_~.~:~_.~ Aoendaltem, SUBJECT: Receive a report, hold a discussion and give staff direction regarding time limitations for council meetings and work sessions. BACKGROUND: Pursuant to Council Member Durrance's request to discuss strategies to reduce the length of council meetings, I have enclosed prior communications regarding the topic for your perusal. Council Member Durrance has suggested the following: 1. Time limitations for both council meetings and work sessions. 2. Items not completed prior to the adjournment time would be moved to the next meeting or dealt with at a continued meeting on Thursday following your Tuesday meeting. OPTIONS: 1. No action 2. Give staff further direction RECOMMENDATION: None Respectfully submitted: rlVl~ch[el W. J/:z / ~r t/ City Managq~c CITY OF DENTON, TEXAS MUNICIPAL BUILDING · DENTON, TEXAS 76201 · TELEPHONE (940) 349-8307 Office of the City Manager MEMORANDUM DATE: TO: FROM: SUBJECT: May 7, 1999 Mayor and Members of the City Council Michael W. Jez, City Manager LENGTH OF COUNCIL MEETINGS A number of ybu have expressed concems regarding the length of some of your meetings. The staff and I are attempting to be responsive to those concerns by coming up with some ideas that might help. For example, with your approval we moved the starting time of the meetings up one hour. However, there may be other options that will also assist. One key issue I think we need to consider is the inconvenience that late meetings place on citizens who are in the audience for public hearings and who sometimes have to stay as late as midnight in order to speak. Public heatings certainly contribute to the length of the meetings, and we will probably be having more of them in the future. Public hearings include a staff presentation, a presentation by the applicant, council questions of the applicant, speakers (at 5 minutes each), questions occasionally directed to the speakers, applicant rebuttal, questions of staff, and council discussion. If as few as ten people wish to speak, in addition to staff and the applicant, we are already looking at well over one hour of meeting time. One idea for your consideration - it's not necessarily a recommendation - would be to shorten the length of public hearings by shortening the amount of time people can speak. Of course, we in no way want to restrict citizen access to our local government. This idea would, perhaps, serve to better organize public participation rather than limit it. We are committed to preserving public participation. If this idea does not appeal to you, we will consider other options. I have attached a survey of some other cities' procedures regarding speaking times for public hearings. §ome of these cities limit speakers to three minutes rather than the five minutes we provide by Ordinance NO. 96-085. Some cities limit the total amount of time fog eaCh,~ide 6f the issue. For example, if a lot of people are present who wish tO speak?-.~e fi~ayor Or the "Ddlc. td to (~,,,,lihd Service" Length of Council Meetings May 7, 1999 Page 2 council rules could limit each side of the issue to 10 or 15 minutes (see attached survey: Dallas, Flower Mound, Fort Worth, Lewisville, Piano). We could begin requiring speaker cards to be filled out for public hearings. If more than a certain number of cards are turned in, shorter or aggregated time limits could be imposed. Having cards for all of the speakers would also help with our record keeping. Other options that could be considered either separately or in conjunction with shortening the public hearings could include: a. meeting at 4:00 p.m. to approve the consent agenda, minutes, and, perhaps, even items for individual consideration. Public hearings could then begin at 6:00 p.m. The earlier part of the meeting could also be televised. b. Having an afternoon briefing session to answer any questions you may have in order to eliminate, or at least reduce, lengthy debate at night. The briefing session could also be televised. Former Denton City Manager Lloyd Harrell has indicated that in Chandler, AZ, they do a daytime briefing and at their evening meeting they conduct official business. In Fort Worth the first two meetings of the month consist of staff briefings at 4:00 p.m. and regular meetings at 7:00 p.m. The last two meetings of the month start at 10:00 a.m. Farmers Branch and Grand Prairie start their study sessions at 4:30 p.m. Irving holds their work sessions at noon the day before their regular council meetings. Plano has briefing sessions that begin at 4:30 p.m., and Richardson starts their work sessions at 5:30 p.m. Please take a few minutes to examine the attached survey about time allotments for Public heatings. I am interested in hearing any comments you might have on this issue. Also, if there ~~.e other ideas ~~i z~~/r~ ~, la like for us to explore, we will be happy to do so. Attachment: Survey of various cities. PlO/Memos/Public Hearings-Length.doe CITY OF DENTON, TEXAS INTEROFFICE MEMORAHDUM C;,"Y, MAHAGER~FRCE MEMORANDUM TO: Mayor and Members of the City Council FROM: Michael W. Jez, City Manager DATE: May 14, 1999 SUBJECT: Length of Council Meetings In response to your concerns about the length of Council meetings, I have continued to explore different opportunities. While reviewing the documents from last year's planning session in preparation for this year's session, one of the requests by Council was that presentations by staff be brief and focus on key issues and information. I will be directing staff, including the Planning Department, to shorten their presentations. It is evident that you all come to the meetings prepared and that it is unnecessary to reiterate what you all ready know. This also will allow adequate time for staff to respond to questions Council might have regarding any agenda item. As we move forth with this strategy, I would certainly appreciate any feedback you might have. Additionally, we will be working to get our meeting schedule back on track with regular meetings on the first and third Tuesdays of the month and work sessions on the second and fourth Tuesdays. Hopefully, this will eliminate the need to have special meetings which address both regular business and work session items. Because of the workload, this may take a little time, but every effort will be made to get us back on track as soon as possible. I would appreciate any additional suggestions or comments you may haye regarding this matter. Thank you for your cooperation and patience. City M~hager(J Cc.'' Distribution LiSt I www.cityofdcnton.com ' Dedicatcd to L~ual, t!~ Service' Leader's Guide 1998-1999/Mayor and City Council/Denton, Texas Agenda A. Brief Presentation bY Staff Council Comes Prepared - Share Ideas, Ask Questions Presentation: Key Issues and Info~-i~ation for Citizen Background - Focus on Significant Points .B. Agenda · City Manager Uses His Discretion Co Concise Comment, Avoid Repetition (Especially on Unimportant) · Focus on Important Issues · Explain to Citizens D. Tentative Agenda E. Invite to Participate on Screen before Council Meeting Copyright © 1998: Lyle Sumek Associates, lnc. (PS-101) 109 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, AND SECTION 2-29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING CERTAIN RULES ESTABLISHING THE ORDER OF BUSINESS AND CLARIFYING TIME LIMITS ON PRESENTATIONS BY CITIZENS BEFORE THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Attorney General has ruled that the Texas Open Meetings Act does not entitle the public either to choose the items to be discussed before the Council or to speak about items on the agenda; and WHEREAS, the City Council deems it in the public interest to establish rules providing citizens the right to speak at Council meetings within certain time limits and under certain rules which will preserve the ability of the Council to effectively and efficiently conduct its public meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 94-183 is hereby amended by amending Section 6 "Order of Business", sections 6.1 through 6.7, inclusive, and amending Section 2.29 "City Council Procedures: Order of Business" of the Code of Ordinances of the City of Denton, to read as follows: 6. ORDER OF BUSINESS 6.1 Aqenda: [2-29(a)] The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, one other member of the City Council selected by the Council, and the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Councilmember has an "emergency" item that the Councilmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council committees and subcommittees will likewise be governed by an agenda and the rules of procedure contained herein. 6.2 Pledqe of Alleqiancq: [2-29(b)] Each agenda shall provide an item for the recital of the ."Fl~dg= of Allegiance" at the regularly scheduled City Council meeting . This [%emi~ Shail begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Vernons Annotated Texas Civil Statutes. 288- 6.3 Presentations by Members of the Council: [2-29(c)] The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the Council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 6.4 Presentations by CitizensL [2-29(d)] (a) citizen Reports: Any person who wishes to place a subject on the Council agenda at a regular City Council meeting shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. on Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the minutes, and the presentation of proclamations. Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report which is given at the same Council meeting. (b) Speakinq on Reqular Aqenda Item~: Any person who wishes to address the Council regarding an item that is on the Council's non-consent agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary bef°re the Council considers the item. The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council. The provisions of this para- graph do not apply to persons appearing at a public hearing in response to an official agenda notice or publication, nor shall any person have a right to speak or provide input on consent agenda items, unless such items are removed from the consent agenda and placed on the regular agenda by the City Council. The provisions of this paragraph also do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be limited and controlled by Section 4.3 "Workshop Meetings" of this ordinance. (c) Speakinq at Public Hearinqs: Any person who. wishes to address the Council at a public hearing shall cOmplete a Page 2 '289 "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than five (5) minutes. 6.5 Time Limits: [2-29(e)] Speakers before the Council shall limit their remarks to five (5) minutes or less for public hearing items and citizen reports. Citizens speaking to a non- public hearing agenda item shall limit their presentations to three (3) minutes or less. 6.6 Oral Presentations by City Manaqer: [2-29(f)] Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Law have been satisfied. 6.7 Presentation of Proclamations: [2-29(g)] The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. SECTION II. That save an except as amended hereby, all of the sections, clauses, and phrases of Ordinance No. 94-183, as amended, shall remain in full force and effect. SECTION III. That this ordinance shall become effective immediately uPon its passage and approval. PASSED ]LND APPROVED this the~day of ~ , 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY HER~RT L. PROUTY, CITY ATTORNDY Page 3 iMayor and City Council House Rules AGENDA INFORMATION SHEET Aolfld. NO.- ~- ~ :~ Aoenda Item ~ AGENDA DATE: January 11, 2000 DEPARTMENT: Materials Management ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: Receive a report, hold a discussion, and give staff direction regarding requested information on contracts with minority owned and operated professional service businesses. BACKGROUND: Council Member Young has asked City staff to provide information regarding minority representation of professional service contracts. Please note that the City of Denton does not track the minority status of suppliers and/or our professional service providers. Every attempt is made to award contracts in compliance with the laws of the State of Texas. Contracts for supplies and/or services are awarded to "the lowest responsible bidder" and professional service agreements are awarded "to the most qualified respondent". The January 8, 1999 City Attorney Status Report emphasized the consequences of utilizing Minority Business Enterprise Programs and/or racial preferences in contract award selection. In a very similar fashion Attorney General Opinion No. DM-113 has ruled that contracts cannot be awarded to bidders purely on the basis of residence, participation in community activities, minority and women-owned business enterprises, or economic factors such as taxes paid, local salaries paid or number of local jobs created by the bidder. The Materials Management Department (purchasing) does encourage local, small and or minority owned businesses to participate in and compete for City business through several different avenues. These avenues include representation and active participation by the Department in the North Central Texas College Small Business Development Center/Denton, the inclusion of terminology encouraging minority participation in Legal Bid Invitation Notices and How to Do Business with the City of Denton brochures and the offering of assistance in the bid preparation process. It is and has been Materials Management's mission to treat all vendors, suppliers, contractors and professional service providers fairly and equally within the confines of State Law and in the best interest of all Citizens of Denton. Because the requested information is not tracked, it will take an extensive amount of time to manually research and collect the accurate data. Each contractor must be contacted, certification requested as to their minority status, and purchase order files, along with departmental budgets and payment records, must be reviewed and tabulated. If it is the desire of the City Council, staff will begin the data collection process, but will bc unable to meet thc requested deadline. RECOMMENDATION: Staffrecommends that City Council advise staffhow to proceed regarding this issue. FISCAL INFORMATION: Not Applicable Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Questions from Council Member Young Under separate cover: City of Denton Work Force Diversity Plan 1316.AGENDA I would like the staff to provide the city council with data that accurately shows how many professional service contracts the City of Denton has with minority oWned and operated firms. I would like'you to include attorneys, CPA's' architects, and engineering firms. Using attorneys as an example would you provide the.information in the following format: (A) FY 99 budget total contracts to attorneys (B) FY 99 budget total minority contracts to attorneys (C) FY 99. budget total minority percentage of contracts to attorneys. I would also like the staffto include a copy of the City's affirmative action and / or good faith effort policy. We have made strides in assuring that our staff isa diversified work force, however, I want to insure that minority owned and operated firms are well represented as we award professional service contracts. I would appreciate this data being brought back to the council nO latter than the next council meeting. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 11th, 2000 Planning & Developmen~~artment Dave Hill, 349-8314~' \3d4~ f,u,~, Date SUBJECT - Interim Residential Development Standards Receive a report, hold a discussion, and give staff direction regarding the draft interim residential development standards ordinance. BACKGROUND During the November 9th, 1999 work session, Council members instructed staff to prepare an interim ordinance designed to guide development decision-making until the city's development code is rewritten. The draft ordinance was first reviewed during a December 7th, 1999 joint City Council / Planning & Zoning Commission public hearing. City Council and P&Z closed the public hearing, with City Council deciding to discuss the ordinance at its December 14th work session, and P&Z deciding to postpone ordinance deliberations until December 15th. City Council conducted its work session review of the interim residential standards on December 14th, 1999, and a draft ordinance reflecting Council revisions was handed out to the P&Z on December 15th. Also on December 14th, 1999, City Council replaced Ordinance 99-440, establishing a short-term residential moratorium on December 7th, 1999, with a revised residential moratorium, Ordinance 99-473 (Exhibit B). The P&Z Commissioners conducted deliberations on December 15th, 1999, and elected to postpone making a recommendation to City Council until January 12th, 2000. Among the comments made by P&Z on December 15th were: 1. Concern was expressed that P&Z was not involved in the review of Project Plans. 2. Sidewalks five feet in width should be considered either mandatory or as an option under the density increase design standards. 3. A threshold size should be established to exempt smaller tracts from the ordinance. 4. The terms "Affordable Housing" and "Active Recreation Areas" should be clearly defined. 5. Density increases allowed for open space should be better articulated to determine how eligibility for increased density is achieved. 6. The point system for density increases should be reevaluated since several design features were dropped from the list. The Planning & Zoning Commission is scheduled to make a recommendation on January 12th, 2000. A summary of P&Z comments and recommendation to Council will be included in the January 18th staff report. Two revisions were made since the December 14th Council work session. The first revision, which was included in the draft ordinance reviewed by P&Z, downgraded the base density for multi-family development in an effort to achieve an average density of 14 units per acre, in compliance with the comprehensive plan. The second revision, which has not yet been reviewed but is consistent with the 1 comprehensive plan, is the provision limiting the concentration of multi-family dwelling units in neighborhood centers. The concentration limitation requirements, which have been introduced into the draft ordinance, are structured much the same as in the 1988 Denton Development Plan multi-family requirements for low intensity areas. The allowable concentration level is tiered based upon the capacity of adjacent roadways handle anticipated traffic volume. During the December 14th work session, Council Member Durrance asked that additional information be provided, by using examples of recent projects to compare "gross" versus "net" density. Examples are provided in Exhibit C; further information can provided if necessary. During the January 12th work session, Council will be asked to provide direction regarding the two issue noted above, along with the P&Z comments made on December 15th, 1999. The purpose of the interim ordinance is to create base densities for residential development, and allow limited increases in density in proportion to the developer's willingness to enhance the project. Two types of submissions are proposed in the ordinance: (1) a Zoning Plan, which requires the substantial evaluation of neighboring areas and the impact of proposed gross zoning densities, and (2) a Pro/ect Plan, which addresses the construction and lot characteristics of the project and allows evaluation of design quality. OPTIONS 1. Make any final revisions deemed appropriate, and continue to pursue ordinance adoption on January 18th. 2. Postpone the adoption schedule and schedule additional work session review. 3. Decline further consideration of the ordinance. RECOMMENDATION Staff recommends following the intended schedule, with adoption to be considered on January 18th. If the interim ordinance is adopted, Ordinance 99-473, which established a short-term moratorium on December 14th, 1999 (replacing Ordinance 99-440, a December 7th, 1999 residential moratorium), will be rescinded. ESTIMATED PROJECT SCHEDULE January 12th, 2000 P&Z public hearing and recommendation January 18~, 2000 City Council public hearing and action PRIOR ACTION/REVIEW November 9th, 1999 December 1st, 1999 December 7th, 1999 December 7th, 1999 December 13th, 1999 December 14th, 1999 December 14th, 1999 December 15m, 1999 Council instructions to draft the interim ordinance P&Z work session briefing Joint City Council / P&Z public hearing City Council adoption of Residential Moratorium Ordinance 99-440 Staff meeting with developers City Council work session review City Council Residential Moratorium replacement, Ordinance 99-473 P&Z deliberations FISCAL INFORMATION The draft ordinance will increase the cost of residential development, in terms of both development review processing and actual construction. Until the new development code in ready for adoption, the interim code provides a transition toward higher expectations of development quality as indicated in the comprehensive plan. ATTACHMENTS Exhibit A: Draft Interim Ordinance Exhibit B: Moratorium Ordinance 99-473 Exhibit C: Recent Project Examples: "Gross" versus "Net" Density Respectfully submitted:~ D~Hill Assistant City Manager, Development Services EXHIBIT A INTERIM RESIDENTIAL STANDARDS - Jan. 11 & 12, 2000 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new Comprehensive Plan for the City of Denton on December 7, 1999, and superceding the Denton Development Plan; and WHEREAS, the City of Denton has enacted by Ordinance No. 99-440 a moratorium on certain residential development applications pending the adoption of interim standards for residential development; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of residential developments are likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact regulations defining the consistency between comprehensive plan proposals and development regulations; and WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City Council concerning the adoption of this ordinance was held on December 7, 1999; and WHEREAS, the City is desirous of allowing property owners to proceed with development applications for residential use pending the adoption of permanent revisions to the Land Development Code, subject to interim standards that safeguard the health, safety and general welfare of the community; and 4. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new Comprehensive Plan for the City of Denton on December 7, 1999, and superceding the Denton Development Plan; and WHEREAS, the City of Denton has enacted by Ordinance No. 99-440 a moratorium on certain residential development applications pending the adoption of interim standards for residential development; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of residential developments are likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact regulations defining the consistency between comprehensive plan proposals and development regulations; and WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City Council concerning the adoption of this ordinance was held on December 7, 1999; and WHEREAS, the City is desirous of allowing property owners to proceed with development applications for residential use pending the adoption of permanent revisions to the Land Development Code, subject to interim standards that safeguard the health, safety and general welfare of the community; and 5. THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: Section I. Interim Development Regulations. The following provisions hereby are incorporated as interim development standards pending the adoption of permanent revisions to the City's Code of Ordinances that implement the policies, goals and strategies contained in the adopted Comprehensive Plan concerning residential land use, growth management, housing and provision of open space. Pending adoption of such permanent revisions, these interim development regulations shall supersede conflicting provisions of the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning, and shall read as follows: SECTION A. GENERAL PROVISIONS 1. Intent and Purposes. It is the intent and purpose of these regulations: to impose limitations and additional standards on residential development applications within city limits in order to render such applications consistent with the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; to permit property owners to submit applications for residential development during such interim Period, in order to receive preliminary or final approval from the City for such projects, subject to limitations herein set forth; and Co to integrate the limitations and standards herein imposed with the City's existing development regulations governing residential use during the pendency of this ordinance. 2. Aoolicability. These interim regulations apply to the following types of residential development applications. Requirements of this ordinance vary according to whether a zoning plan or a project plan must be approved for the project: a. Standards for zoning plans and project plans apply to the following types of bo development applications and must be satisfied prior to approval of such applications. Standards for zoning plans and project plans apply to the following types of development applications. Standards for zoning plans must be satisfied prior to approval of such applications. Standards for project plans may be satisfied at the same time or may he deferred, with City Council approval, for satisfaction at a later time, but no later than prior to or contemporaneous with preliminary plat approval: (1) an application to amend the City's zoning map to any residential zoning district classification provided for in the existing City Code of Ordinances, including a Planned Development District containing residential uses; (2) an application to amend a Concept Plan for residential use in an existing Planned Development District, (3) an application to approve or amend a Development Plan or a Detailed Plan for residential use in an existing Planned Development District, where the district was originally established prior to May 1, 1997 and no Concept Plan or Development Plan has been approved by the City Council after that date; (4) an application to amend a Detailed Plan for residential use in an existing Planned Development District, where the proposed changes to the Detailed Plan involve standards applied to zoning plans under these interim regulations; or (5) an application to approve a development application proposing residential land uses, not including Agricultural zoning districts, accompanying an annexation agreement; Standards for project plans apply to the following types of development applications and must be satisfied prior to approval of such applications: (1) an application to approve a Detailed Plan for residential use in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property on or after May 1, 1997 and which does not propose changes to such Concept Plan or Development Plan; (2) an application to amend a Detailed Plan for residential use in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property on or after May 1, 1997 and which does not propose changes that involve standards applied to zoning plans under these interim regulations; (3) an application to approve residential development on undeveloped land within an existing residential zoning district; or (4) an application to replat land within an existing residential zoning district, that increases the density. Any application to amend a Concept Plan, Development Plan or Detailed Plan in a Planned Development District(s) must include all contiguous, undeveloped land in unified ownership within such District(s), and all such land is subject to the requirements of this ordinance. e e Exemptions. This ordinance does not apply to: a. any residential development application accepted for filing prior to December 15, 1999 for which there is a Concept, Development or Detailed Plan approved on or after April 7, 1998; b. any non-residential portion of a Planned Development that is affected by this ordinance; or c. a residential development application within an agricultural zoning district. Duration. This ordinance shall remain in effect until such time as the City enacts its Development Code, as reflected in Section 1.2.a, to implement the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan. Effect on Other Regulations. It is the intent of this ordinance that the standards set forth herein supercede any conflicting standards under existing development regulations that apply to the development application. It is the further intent of this ordinance that provisions of existing development regulations not in conflict with provisions of this ordinance remain in effect and that such provisions apply with full force and effect to the development authorized under this ordinance. SECTION B. DEFINITIONS. For purposes of this ordinance, the following terms are defined to mean: 8. Accepted for t~line means the status of a residential development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. means the City of Denton, Texas. Community Activity Center means the area defined and described in the City of Denton Comprehensive Plan. Density, gross, means the maximum number of dwelling units allowed under the zoning classification per unit of land. Gross land area includes all the land within the boundaries of the particular area, excluding nothing. (The Illustrated Book of Development Definitions, CUPR, 1981) Gross density will be computed by dividing the maximum allowed number of dwelling units by the total area within the project; rounded to the nearest tenth, using standard rounding techniques. Density transfer means the removal of the right to develop or build, expressed in dwelling units per acre, from land on one portion of a subdivision, project or zoning district to another portion of a subdivision, project or zoning district where such transfer is permitted. Development application means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for approval of single-family, two-family or multi-family dwelling units: zonings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary and final plats. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Downtown Universi~_ Core District means the area defined and described in the City of Denton Comprehensive Plan. DRC means the city's Development Review Committee. Environmentallv Sensitive Areas means a feature of the landscape in its natural condition before any grading, excavation, filling or other man-made alteration, that is shown on the Ci~_ of Denton Environmentally Sensitive Areas Map. These areas may include, but are not limited to, floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area, and topography that exceeds 7 % slope. Final t~lat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. Floodplain means the area designated as subject to flooding from the base flood (one-hundred- year flood) on the flood insurance rate map. The floodplain includes the floodway. Floodwa~ means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one- hundred-year flood) discharge without cumulatively increasing the water surface elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. Floodway fringe means the area located within the floodplain and outside the floodway. Multi-familv dwelling means a building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units. Neighborhood Center means the area defined and described in the City of Denton Comprehensive Plan. One-family dwelline, attached, means a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family and is located on a separate lot delineated by front, side and rear lot lines. One-family dwellin£, detached, means a dwelling designed and constructed for occupancy by one (1) family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one (1) family. Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminary plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ordinances of the city are complied with. The term includes person, firm, corporation, partnership or agent, attorney-in-fact, manager or director, developer. Such term as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. 10. Qualified masonry product means brick, stone, stucco or masonry material that replicates brick, stone or stucco. Regional Activity Center means the area defined and described in the City of Denton Comprehensive Plan. Recreation facili~_ means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities. Residential goning district or residential uses means multi-family dwelling, two-family dwelling, one-family dwellings, attached, and one-family dwelling, detached uses. Rezonin~ means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way. Two-familv dwellin~ means a single structure designed and constructed with two (2) living units under a single roof for occupancy by two (2) families. Zoning means an application for the f~trst zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION C. ZONING PLANS 1. Zonina Plan Requirements. Every residential development application identified in Section A.2.a shall be accompanied by a zoning plan. The zoning plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the residential development application, based upon the standards set forth in this section; provided that all other standards applicable to the residential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a zoning plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the zoning plan shall be incorporated as a part of the approval. A zoning plan shall contain the following: Co f. g. h. i. j. k. Fo Project name, vicinity map, scale, north arrow, and date. A general layout of the development, showing the general configuration and location of proposed land uses for the property to be developed for residential land use and any contiguous property in unified ownership. A computation of residential density for each type of residential use, consistent with standards set forth in this ordinance. Any reservations or dedications proposed. Location of all significant natural features and indication of any planned mitigation to changes to natural features. All open space to be preserved, together with intended density transfers, consistent with standards set forth in this ordinance. All recreation facilities proposed, consistent with standards set forth in this ordinance. In the case of single family and two family development the proposed range of lot sizes and the numbers of lots within each proposed category. A summary of proposed design elements, if any. An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development. Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, garage standards, or buffering and screening from adjacent uses. Zoning designations adjacent to the proposed development. The proposed method, connection, provider, and location of: (1) The proposed water system. (2) The proposed wastewater system. (3) The proposed method of drainage of the property. (4) The proposed method of erosion and sedimentation control. Location of drainage ways, environmental buffer zones, or public utility easements in and adjacent to the proposed development. Location and size of existing utilities along or within any easement. Limits of 100 year flood plain and floodway. A Traffic Impact Analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. Drainage Study. Water and Wastewater Demand Calculations. Location of existing utilities. Any other infomxation deemed necessary by the Director to analyze the project. Standards Applicable to Zoning Plans. a. Nature of Standards The standards contained in this section governing zoning plans are minimum standards. These interim development regulations are not intended to limit the discretion of the City Council to deny a residential development application that achieves the minimum standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare. Residential Density Limitations. (1) Base Density. Except as otherwise provided in this section, no application for residential development subject to these interim regulations shall be approved for a gross density that exceeds the "base" residential density standards that follow for the land included in the application. The actual number of dwelling units approved may be less than the maximum theoretically allowed for the project under base density, based upon overall considerations of health, safety and the general welfare. Further, all other density limitations contained in the City's adopted zoning district regulations apply to residential development applications submitted pursuant to this ordinance. (a) For single-family developments, three (3) dwelling units per gross acre. (b) For multi-family or single-family attached developments within; i. Neighborhood Centers, eight (8) dwelling units per gross acre. ii. Community Activity Centers, fourteen (14) dwelling units per gross acre. iii. Regional Activity Centers and the Downtown University Core District, twenty (20) dwelling units per gross acre. (c) Base Multi-family Concentrations. The size of multi-family concentrations in Neighborhood Centers shall vary from 100 to 200 dwelling units in one location depending on access to a specific category of thoroughfares. i. Direct access to freeway - 200 units. ii. Direct access to primary or secondary arterial - 150 units. iii. Direct access to collector street - 100 units. Multi-family concentrations shall be located at least ½ mile from the nearest multi-family concentration. (2) Density Transfer. Environmentally sensitive areas shall be preserved. Residential density 13. may be transferred from environmentally sensitive areas, provided that such areas are dedicated to the public or separately platted as common areas for usable open space. Maximum density transfer shall be computed according to the following rules: (a) Base residential density shall be expressed as gross density. The base residential density shall be separately computed for each residential tract and for each residential comprehensive plan category included within the site, exclusive of floodplain areas. (c) For environmentally sensitive areas, gross density shall be assigned according to the following rules: a density of zero, if no density is proposed to be transferred; or the area is required to be dedicated in order to meet the requirements of the City's park dedication ordinance; ii. a density of fifty percent (50%) of the base residential density for environmentally sensitive areas for which density is proposed to be transferred; iii. a density of 0 dwelling units per gross acre for floodway areas. O) Requirements for Increased Density. (a) General Criteria An increase in base residential density may be authorized by the City Council if, based upon the zoning plan, the proposed residential development provides amenities that: i. mitigate the impacts of residential densities greater than that of the base residential density; ii. provide superior project design; iii. increase project open space, pursuant to criteria in Section C.2.b(3)(c); iv. enhance the quality and usability of open space for the project and preservation of natural features preservation within the project; 14. v. benefit the community as a whole, in addition to benefiting the residents of the development; (b) Maximum Densities ao Density increases may be awarded based upon the criteria contained in this section. However, gross density shall not exceed: For single-family developments, four and one-half (4.5) dwelling units per gross acre. For multi-family, single-family attached, or single-family attached developments located in MF districts within; Existing Neighborhoods and Neighborhood Centers, twelve (12) dwelling units per gross acre. Community Mixed Use Centers, twenty (20) dwelling units per gross acre. Regional Mixed Use Centers and the Downtown University Core District, thirty-six (36) dwelling units per gross acre. (c) Specific Criteria for Increased Density (1) Open Space - A density increase not exceeding ten (10) percent can be achieved by meeting the following schedule: i. The first one (1) percent increase in density may be awarded if the project plan designates five (5) percent of the project land area for open space. ii. Subsequent one (1) percent increases in density may be awarded for each additional one (1) percent of designated open space. (2) Recreational Facilities - A density increase not exceeding ten (10) percent can be achieved if a proposed development qualifies for the maximum credit offered by the park land dedication requirements of Article III, Chapter 22 of the Code of Ordinances of the City. (3) School Site Dedication - A density increase not exceeding ten (10) percent can be achieved through the dedication of a School District approved site. 15. (4) Housing Affordabilit¥ - A density increase not exceeding ten (10) percent can be achieved with a project having a minimum of 50 % of all dwelling units eligible to participate in home ownership programs offered by the City of Denton. (5) Design Features - For every three of the design elements listed in Section D.3. that are achieved, an increase in density of 0.1 units per acre may be awarded. These design elements, if used, must be indicated on the Zoning Plan. Where a particular amenity pertains to a standard that already is required to some degree for base density approval, bonus density will be considered only to the degree that the proposed amenity exceeds such requirements. (d) Compatibility Standards O) Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the neighborhood in which the project is located. Specifically the following standards should be incorporated into Zoning plans. (a) Density. The density of the developed area of the project within 500 feet of adjacent residential development should not exceed the average gross density of the adjacent residential development within 500 feet of the project boundary. This provision shall not reduce project density below the base densities listed in Section C.2.b.(1). Masonry. If the majority of dwelling units within 500 feet of the boundary of the project have at least 50% of all elevations (excluding windows and doors) comprised of qualified masonry products, then all dwellings within the project should have elevations comprised of no less than 75 % qualified masonry products. (c) Garage Spaces. If the majority of dwelling units within 500 feet of the boundary of the project have at least two enclosed parking spaces ($arage spaces), then all dwellings within the project should have at least two enclosed parking spaces. 16. (2) Landscaping and screening shall he used to ensure compatibility with adjoining uses according to the following standards: (a) For existing uses adjacent to proposed single- family residential development: Existing multi-family and single family attached uses shall be screened with the following attributes: i. Minimum bufferyard width of 10 feet: ii. Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 1 for each canopy tree. (b) For existing uses adjacent to proposed single- family (detached) or multi-family or single-family (attached) residential development: Existing non-residential uses other than industrial or manufacturing uses shall be screened with the following attributes: i. Minimum bufferyard width of 15 feet: ii. Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 11/2 for each canopy tree. Existing industrial or manufacturing uses shall be screened with the following attributes: i. Minimum bufferyard width of 20 feet: ii. Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 2 for each canopy tree. (e) Adequate Public Facilities (1) The land proposed for development must be served 17. (2) (3) adequately by essential public facilities and services. No development application subject to these interim development regulations may be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities and transportation facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being developed or offsite. Proposed public improvements shall confoim to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans. The City may require the phasing of development or improvements in order to maintain current levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare. SECTION D. PROJECT PLANS 1. Project Plan Requirements. Every residential development application identified in Section A.2.b and which is not exempt under Section A.3 shall be accompanied by a project plan. In addition, every development application identified in Section A.2.a which deferred satisfaction of project plan requirements at the time of approval of the zoning plan must receive project plan approval prior to or contemporaneous with preliminary plat approval. The project plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the residential development application, based upon the standards set forth in this section; provided that all other standards applicable to the residential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a project plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the project plan shall be incorporated as a part of the approval. A project plan shall contain the following: All of the information contained in a zoning plan. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways. Lot layout with dimensions for all lot lines and lot area. go Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. Density and area calculations: (1) The total area in the development. (2) The number of dwelling units in the development (include multi-family units by the number of bedrooms in each unit, e.g., ten (10) one- bedroom, 25 two-bedroom, etc). (3) Area and percentage of the total project area coverage by: i. Structures. ii. Streets, roads, and alleys. iii. Sidewalks. iv. Recreation areas. v. Landscaping. vi. The total area covered by tree canopy at maturity of the trees. vii. Parking areas. Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of: (1) Water lines and diameters. (2) Sewers, manholes and cleanouts. (3) Storm drains and catch basins. (4) Fire hydrants. (5) Location and size of all public utility easements. Location, size, access, and screening of all dumpsters. Location, size and use of contemplated and existing public areas within the proposed development. A topographic map of the site at a two foot contour interval. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. Use designations for all areas not covered by buildings, parking, or landscaping. Locations of all significant landscape features including, but not limited to, any existing healthy trees of a caliber greater than six (6) inches, generally forested areas, and creeks, wetlands, 100 year floodplains, or ponds existing on the site. Indicate any planned mitigation to changes of a natural feature. A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings. The elevations, surface area in sq. ft., illumination type, height, and construction (material and style), and locations of all proposed signs for the development. The typical architectural elevations for all multi-family buildings proposed on the property. All project plans shall indicate the material, color, texture, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling. Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater. 3.9. p. Any other information deemed necessary to analyze the project. Pro|ect Plan Standards. a. Minimum Project Plan Standards The following minimum standards of project design shall be addressed in the project plan: (1) Open Space (a) Allocation of usable open space shall be made to each phase of a proposed residential development, according to the minimum open space requirements established for the base density. In the event that common open space is not to be provided proportionally by phase, the property owner shall execute a reservation of open space by grant of easement or covenant in favor of the City, authorizing the City to dedicate all or a portion of such reserved area to common open space in the event that the development is not completed. (b) The design and improvement of open space shall be in accordance with the following standards.: Open space areas shall be linked to existing and planned public open space areas to provide an overall open space system for the City consistent with the City's open space plans. ii. Open space areas shall be arranged so as to maximize access and utilization by residents of the planned residential development project. iii. Where open space improvements are to be provided, active recreation facilities shall be installed. A safe, secure and barrier-free system of walking or equestrian trails, paths, bikeways, and/or walkways shall be designed. The system shall link residences with recreation areas, schools, commercial areas and public facilities. (c) All multi-family developments over 25 units must provide a minimum of fifteen (15) percent open space. 20. (2) Recreational Facilities - All developments of 5 or more dwelling units must provide park land or fees in lieu of land according Article III, Chapter 22 of the Code of Ordinances of the City. (3) Underground Utilities - All developments must provide for underground utility installation, excepting electrical main sub-station feeders. (4) Lot Size (a) The standard minimum lot size for single-family detached dwellings at base density without density transfers or increases shall be 10,000 square feet. With density transfers from Environmentally Sensitive Areas, base density may be converted to a mix of single-family residential lot sizes, with an average lot size of 6,000 square feet subject to compliance with other development standards contained in these interim regulations. (c) With density transfers from Environmentally Sensitive Areas and density increases, base density may be converted to a mix of single-family residential lot sizes, with an average lot size of 5,000 square feet subject to compliance with other development standards contained in these interim regulations. (5) Interconnected streets - all streets must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property. (6) Garage door orientation and setbacks - 40 percent of all garage doors may not face the street. Garage doors of detached garages built in the rear yard of the primary structure and those on a corner lot that face a secondary street are excluded. No more than three (3) consecutive dwelling elevations may have garage doors in the same plane (orientation and setback). Of those garage doors that face the street, at least sixty (60) percent must have setbacks of at least four (4) feet behind the primary front wall of the dwelling. Project Plan Standards for Density Increases Any residential development application for which approval of a zoning plan is required, as set forth in Section A.2.a, and which proposes residential densities exceeding base density standards set forth in Section C.2.b.(1) of these regulations, must incorporate the following design elements if specified in an approved Zoning 21. Plan. Any density increase that was conditionally identified in the zoning plan must be specifically provided for, designed and satisfied in the project plan before such density increases will be allowed. The credit for inclusion of these design features is dependent upon receiving approval for appropriate location and design. Roadway connectivity to adjacent development - one street connection for each 650 linear feet of adjacency. Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street. Variety of lot sizes - At least twenty (20) percent of residential lots within the project must be less than eighty (80) percent of the average lot size. At least twenty (20) percent of the residential lots within the project must be greater than one hundred twenty (120) percent of the average lot size. Hike and bike trails - Hike and bike trail independent from sidewalks is provided that connects public facilities or dedicated flood plain areas. Common parking areas - Parking areas are provided within the right of way in other than parallel parking form subject to approval of an appropriate design. Traffic calming devices - Approved traffic calming devices are incorporated into the street patterns. Fences - Along an arterial or collector street, fencing is constructed of qualified masonry products, incorporates such design features as accent columns, articulation, or caps. Along an arterial and collector street, openings in fences to provide visual entry into the project area and the use of berms if appropriate. Landscaped area or art - Landscaped features such as fountains, gardens, or other features that enhance the project. Art such as monuments or other sculptural objects that enhance the project may also be considered. Such elements must be visible and accessible to the public. Transit facilities - the provision of bus turn-outs and covered seating areas for bus riders. SECTION E. PROCEDURES 1. Application requirements. 22. e No development application subject to these interim development regulations shall be approved without submission and approval of a zoning plan or a project plan, as provided herein, consistent with the standards in this ordinance. If the application is approved, the approved zoning plan or project plan shall be incorporated as an element of the approval. Processing of and decision on plans. Zoning and project plans shall be processed and decided by the City Council in accordance with the same procedures designated in the City's existing development regulations for processing and decision on the development application to which the project plan is attached. In the event that the City's Code of Ordinances provides for final decision by the Planning and Zoning Commission for any residential development application subject to these interim regulations, the Planning Commission shall make a recommendation to the City Council concerning the accompanying project plan and shall make its decision subject to approval of the project plan by the City Council. Decision on application. (a) Zoning Plans Zoning plans shall be processed and decided by the City Council in accordance with the same procedures designated in existing development regulations for processing and decision set forth in Section 35-7 of the City Code of Ordinances. (b) Project Plans Project plan applications may be submitted, reviewed, and decided by City Council concurrently with Zoning plan applications or as independently reviewed development applications. Review and decision on Project plan applications shall be made by City Council, upon notice to residents of property located within 500 feet of the Project plan property in accordance with established Courtesy Notice procedures. The City Council shall determine whether to approve, approve conditionally or deny the development application in accordance with the standards in these interim development regulations and comprehensive plan, pursuant to the discretion vested in it by state law and city charter. Project timine The property owner may elect to reserve portions of the property for future residential development for development approval after the adoption of the City's Development Code. Such tracts shall be clearly indicated on the zoning plan. 23. bo The City Council may modify or condition zoning plan approval on the reservation of portions of the proposed development until the City has adopted the Development Code that implements the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the residential density limitations or other development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the residential density limitations or other development standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of 24. installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. Section II. Environmentally Sensitive Areas Map. The Environmentally Sensitive Areas Map, attached hereto to Exhibit A, is hereby incorporated into this ordinance, and shall be used to evaluate development applications as stipulated in all references to Environmentally Sensitive Areas. Section III. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. Section IV. Recission of Moratorium Ordinance 99-473, adopted by the City Council on December 14, 1999, shall be rescinded and repealed in its entirety upon the effective date of this ordinance. Ordinance 99-440, adopted by the City Council on December 7, 1999, and having been replaced by Ordinance 99-473, shall remain rescinded and repealed. Section V. Effective Date. This ordinance shall become effective upon the date of its passage and approval. 25. Section V. Savings Clause. Save and except provisions hereby amended or superseded, all remaining sections, sentences and paragraphs of the Code of Ordinances of the City of Denton shall remain in full force and effect. PASSED AND APPROVED this the __ day of January, 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: 26. EXHIBIT A COLORED INTERIM MAP IS ATTACHED TO THE ORDINANCE OF ITEM #8. 27. F:ISHARED~DEPT~GL~Our Documems\Ordinances\99~moratorium-resldential.8.doc EXHIBIT B AN ORDINANCE OF THECITY OF DENTON, TEXAS, AMENDING AND SUPERCEDING IN ITS ENTIRETY ORDINANCE NO. 99-440 ESTABLISHING A MORATORIUM. PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING .POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan;-and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comPrehensively amend its Code of Ordinancesl including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of residential developments is likely to occui in the inten/' ening time period; and WHEREAS, it further appears that approval of such development'applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City Council concerning the adoption of interim regulations was held on December 7, 1999; and WHEREAS, at the December 7, 1999 joint meeting the City Council was unable to adopt such interim regulations; and -- WHEREAS, at such City Council meeting the City Council adopted Ordinance No. 99- 440' establishing a moratorium on Certain residential development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance in its entirety. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: .SECTION I. Ordinance No. 99-440 is hereby amended and superceded in its entirety to read as hereinafter provided for in this ordinance. 28. F:~SHARED~DEPT~LGL~Our Documents\Ordinamcs\99~morator um-res dcn~ al-8.doc SECTION 2. Moratorium Established. (A) Except as otherwise provided herein, from and after the effective date of this ordinance and during the Moratorium Period as specified in Section 4 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any residential development application, nor take any action to process such application, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, formulation of conditions or issuance of preliminary or final approvals of such applications. In the event that an application for a residential application is submitted ~b:.the · City, the application shall be returned, together with any proffered application' fee, to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this Moratorium Ordinance. (c) Any action taken by any City employee, officer, agent, bureau, department or commission of the City to accept for filing or to further process an application for a residential development application after the effective date of this ordinance is deemed void of no effect. SECTION 3. Exemptions. This ordinance does not apply to the following t~,pes of development applications: (A) an application for fi building permit for a single-family or two-family dwelling; (B) (c) an application for approval of a detailed plan for residential use that has been accepted for filing prior to December 15, 1999; an application for approval or amendment of a final plat for a single-family or two-family subdivision, where a preliminary plat has been accepted for filing prior to the effective date of this ordinance or an application for approval or amendment of a preliminary or final plat for a single-family or two-family subdivi,sion, where a detailed plan has been approved or accepted for filing prior to December 15, 1999; an application for approval of a building permit for a multi-family dwelling, which is subject to a detailed plan approved or accepted for filing prior to December 15, 1999; (E) an application for approval or amendment of a preliminary plat for a single-family or two family subdivision, where the application was accepted for filing prior to the effective date of this ordinance or which is subject to a general development plan approved prior to such date; 29. F:~HARED~DEPT~GL~Our Docu~nents~Ordinances\99\mOrntorium.residenfial.8.doc (F) an application to approve non-residential development. (G) any concept plan or detailed plan that was remanded by the City Council to the Planning and Zoning Commission prior to the effective date of this ordinance. (H) any application for apprOval of a specific use permit for residential use pending for decision on the City Council agenda for December 7, 1999 and any subsequent application for residential use subject to a special use permit approved on such date. The exemptions contained in this section allow such applications to be processed and.finally decided but do not apply to nor authorize the filing of any subsequent residential develop .me. nt application for the same property. SECTION 4. Definitions. For purposes of this ordinance the following terms are defined to mean: Accepted for filing means the status of a residential development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinance. City means the City of Denton, Texas. Concept plan means a general concept plan as provided for in Chapter .35, Article IV of the Code of Ordinances of the City. Density means the maximum number of dwelling units allowed under the zoning classification per unit of land. D&tailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. Multi-family means multiple-family, dwelling (apartment) as defined in Section 35-76 of the Code of Ordinaneeg of the City. Planned development means a planned develoPment district as de.fined in Chapter 35, Article IV of the Code of Ordinances of the City.' 30. F:~SI-XARED~DEPT~LGL\Our Documents\Ordinances\gg~moratorium-rcsi&nfial-8.doc -7 Preliminary_ plat means a prehm~nary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Residential development application means a request to establish the use of the property for residential purposes or a request to grant a permit for such purposes, including the establishment or approval of single-family attached or detached, two-family, or multi-family dwellings. Residential development application includes a request to zone or rezone land for residential use; or request to apprgve or amend a concept plan, development plan, or detailed plan for a pla/reed development district; a request to approve or amend a preliminary or final plat for residential use; or a request to approve a building permit for a multi-family dwelling. Residential development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Residential zoning district or residential uses means multi-family dwelling, two- family dwelling, one-family dwellings, attached, and one-family dwelling, detached uses. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Single-family, attached means one-family dwelling (attached) as defined in Section 35-76 of the Code of Ordinances of the City. Si'n~le-famil¥, detached means one-family dwelling (detached) as defined in Section 35-76 of the Code of Ordinances of the City. Two-family dwelling means a two family dwelling as defined in Section 35-76 of the Code of Ordinances of the City. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning map means zoning' district map as defined in Section 35-3 of the Code of Ordinances of the City. 31. FfiSHARED~DEPT~3L\Om- Documents\Ordinances\90~moratorium.res dent!al.8.d0c SECTION 5. Relief From Moratorium. Relief requests 1. The applicant may petition the City Council moratorium by requesting such relief in writing. for relief from the The City Council shall not relieve the applicant from the requirements of this ordinance, Unless the applicant first pr6sents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives thelapplicant of a vested'property fight or deprives the applicant of the economically viable use of his land. -.,-., o In deciding whether to grant relief to' the applicant, the City Council shall take into consideration the following: (a) (b) whether granting relief from the moratorium jeopardizes the City'~ best interests in implementing residential density limitations or other development standards contained in the proposed interim development regulations; the suitability of the proposed residential usei in light of land uses · allowed in'the zoning districts on property adjacent to the proposed site; .. (c) the impact of the prop6sed residential use on the transportation and other public facilities systems affected by the development; '(d)' the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) (0 the likelihood that sufficient relief will be provided to the applicant following adoption of the interim regulations; the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made b'y the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following acii°ns: 32. F:~SHARED~DEPT~LGL\Our Documents~Ordinances\99\morntorium.resldenfial.8,doc (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SECTION 6. Moratorium Period. The moratorium established by this ordinance;ghall commence on the effective date of this ordinance and expire on February 2, 2000. The :City Council reserves the fight to extend the moratorium if the interim regulations do not become effective on or before said date. Should the interim regulations be adopted before said date, the ordinance adopting the interim regulations will contain a clause terminating the moratorium as of the date of such adoption. SECTION 7. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated intO the body of this ordinance. SECTION 8. Severabilit¥. If any.provision of this ordinance or the application thereof to any person or 'circumstance is held invalid-by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this oi'dinanee are 'severable. SECTION 9. Effective Date. This ordinance shall become effective mediately upon the date of its passage and approval. PASSED'AhND APPROVED this the {_q_-day of December, 1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT. L. PROUTY, CITY ATTORNEY: ~"-.'~'~.~_.//~/_ EXHIBIT C THE PRESERVE Concept Plan Total Area Total Allowed Dwelling Units Sub-Areas (acres) Single-Family Multi-Family School Site Preserve Non-Residential TOTAL 427.6 acres 1,708 306.7 20.0 15.2 67.6 18.1 427.6 Density - Net of School Site Density - Net of Preserve Density - Net of Non-residential SF Density - Net of Multi-Family MF Density - Net of All Other Uses Density - Net of: School Preserve Non-Residential SF Density - Net of: School Preserve Non-Residential Multi-Family 4.1 dua 4.7 dua 4.2 dua 3.2 dua 20.0 dua 5.2 dua 4.3 dua 1,708 + 412.4 1,708 + 360.0 1,708 + 409.5 1,308 + 407.6 400 + 20.0 1,708 + 326.6 1,308 + 306.6 (427.6 - 15.2) (427.6 - 67.6) (427.6- 18.1) (427.6 - 20.0) (427.6 - 100.9) 34. THE PRESERVE Detailed Plan- Phase 1 Total Area Total Allowed Dwelling Units Sub-Areas (acres) Single-Family (5.5) Internal open space Single-Family (7.0) Internal open space Single-Family (10) School Site Preserve TOTAL 3.0 3.7 139.0 acres 452 43.8 61.5 12.8 15.2 5.7 139.0 Density - Net of School Site Density - Net of Preserve Density - Net of Internal Open Space Density - Net of: School Preserve Internal Open Space 3.7 dua 3.4 dua 3.4 dua 4.1 dua 452 + 123.8 (139.0-15.2) 452 .-' 133.3 (139.0-5.7) 452 + 132.3 (139.0-6.7) 452 + 111.4 (139.0-27.6) 35. MESA VERDE Detailed Plan Total Area Total Allowed Dwelling Units Sub-Areas (acres) No Dedications TOTAL 6.1 acres 44 6.1 36. ROBSON RANCH Concept Plan Total Area Total Allowed Dwelling Units Sub-Areas (acres) Residential Neighborhood Services Outdoor Recreation Community Service Parking, Streets and ROW TOTAL 2,725 acres 7,500 1,926 37 66O 14 88 2,725 Density - Net of Neighborhood Service Density - Net of Outdoor Recreation Density - Net of Community Service 2.8 dua 3.6 dua 2.8 dua Density - Net of Parking, Streets, ROW 2.8 dua Density - Net of: Neighborhood Services Outdoor Recreation Community Services Parking, Streets and ROW 3.9 dua 7,500 + 2,688 (2,725-37) 7,500 + 2,065 (2,725-660) 7,500 + 2,711 (2,725- 14) 7,500 + 2,637 (2,725-88) 7,500 + 1,926 (2,726-799) 37. WILLOW LAKES WEST Concept Plan Total Area Total Allowed Dwelling Units Sub-Areas (acres) Residential Other Regional Lake Neighborhood Center Parks/Open Space School Site Total 508 acres 1,580 385 13 38 5 45 22 508 (3.25 dua, net of school sites) Density - Net of "Other" Land Uses Density - Net of Regional Lake Density - Net of Neighborhood Center Density - Net of Parks/Open Space Density - Net of School Site Density - Net of: Other Regional Lake Neighborhood Center Parks/Open Space School Site 3.2 dua 3.4 dua 3.1 dua 3.4 dua 3.25 dua 4.1 dua 1,580 + 495 (508-13) 1,580 + 470 (508-38) 1,580 + 503 (508-5) 1,580 --' 463 (508-45) 1,580 + 486 (508-22) 1,580 + 385 (508-123) 38. WILLOW LAKES WEST Detailed Plan Total Area Total Allowed Dwelling Units 106 acres 279 Sub-Areas (acres) Residential 69.7 Parks/Open Space 21.3 School Site 15.0 Total 106.0 Density - Net of Parks/Open Space 3.3 dua Density - Net of Parking, Streets, ROW 3.1 dua Density - Net of: 4.0 dua Parks/Open Space School Site 279 + 84.7 (106-21.3) 279 + 91 (106-15) 279 + 69.7 (106-36.3) 39. AGENDA INFORMATION SHEET AGENDA DATE: Janu~y 11, 2000 t DEPARTMENT: Planning Dcpmment DCM: David Hill, 349-8314 ~ SUBJECT - DME Spencer Road Generation Plant (A-98) Hold the first of two public hearings regarding a proposed voluntaw annexation of approximately 18 acres located north of Spencer Road between Woodrow Lane and Loop 288 in southe~t Denton. The property is the Denton Municipal Electric generation plant. The zoning at the time of annexation will be Light Industhal (LI). BACKGROUND Denton Municipal Electric, on behalf of the City of Denton, has voluntarily submitted a petition for annexation of its Spencer Road electric generation plant. The 18 acre property is located on the north side of Spencer Road, between Woodrow Lane and Loop 288. The applicant has requested Light Industrial (LO zoning designation. An electric generation plant is a use by right within the City's LI zoning designation. It is also a use by right within the Heavy Industrial (HI) and Planned Development (PD) zoning designations and allowed with a Specific Use Permit (SLIP) within the Agieultural (A), Commercial (C) and Central Business (CB) zoning designations. The existing electric generation facility would become a legal non-conforming use in any zone district that does not allow it as a use by right. The property is located within an area designated as an "Employment Center" in the Land Use Plan adopted as a part of the Comprehensive Plan. Employment Centers are intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices and institutions. Under current zoning regulations, an LI, HI, or PD zoning designation is required to allow light manufacturing uses. The annexation process require two public hearings. The second public hearing is scheduled for January 18, 2000. OPTIONS The Council may choose to approve or deny the annexation petition. It may approve, deny, change or add conditions to the request for Light Industrial zoning designation. RECOMMENDATION Staff recommends approval of the annexation as it will result in a consolidation of City boundaries and eliminate a "hole" in the city's area and zoning regulations. PRIOR ACTION / REVIEW (Council, Boards, Commissions) The Planning and Zoning Colmnission will review the proposed boundary adjustment at its January 26, 2000 meeting. FISCAL INFORMATION The annexation will bring into the city a facility that has significant property value. An increase in the cost of public facilities and services may result from any significant redevelopment of the area. ATTACHMENTS 1. Petition from Applicant 2. Location Map 3. Site Map 4. Service Plan 5. Annexation Schedule submitted: Director, Planning and Development Prepared by: Assistant Director, Planning and Development ATTACHMENT 1 PETITION FOR ANNEXATION TO THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL OF THE CITY OF DENTON, TEXAS The undersigned does hereby petition for annexation of 17.751acres located at 1701 Spencer Road in the extraterritorial jurisdiction of the City of Denton, Texas. The property is more particularly described in the attached survey description and shown on the attached map. The undersigned also certifies that the following required information concerning the land and its inhabitants is reasonably accurate and assumes responsibility for completion of said information prior to scheduled action on the request by the City of Denton. Is petition being initiated by owner(s) or majority of registered voters in area of request? Yes If no, what is the status of the application? 2. How many dwelling units are located within the area requested for annexation? None 3. How many businesses or non residential land uses are located within the area of the request? One 4. Please provide a general description of these land uses including the name(s) of businesses, if known This property is in use by Denton Municipal Electric's Spencer electrical power generation plant. The plant consists of 5 generating units within the main plant building, plus 4 cooling towers, fuel oil storage tanks, electrical poles and structures and other facilities on the site necessary for the production and transmission of electric power. 5. Does area of request include any territory within the city limits or extraterritorial jurisdiction of another city? No 6. Estimated population of the area of request: None Adults: None Children: None Number of registered voters: None 7. At the time of this petition, have any other annexation procedures been initiated for all or any part of the area requested in this petition? No If yes, please explain the procedures begun and their status. 8. Does a water supply district lie within the boundaries of the area proposed for annexation? No 9. What zoning, if any, other than agricultural (A), is being requested under separate petition? :The ~oning for the entire tract of land is being petitioned as Light Industrial. How much of territory proposed for annexation is included in zoning petition? The entire 17. 751 acre tract will be zoned light industrial to correspond with its current usage as a site for the production of electric power. 10. Whatisthepurposeofannexation? This property will be annexed to make it subject to the City's rules, regulations, taxation levels and other applicable City guidelines. 11. Planned land use (if zoning is being requested): Category & Total Proposed Acreage Proposed Unit Per Acre And/Or Square Footage a. Single family detached b. Single family attached (townhouses, cluster, etc.) c. Attached patio/garden/zero lot line d. Duplex e. Multi-Family f. Office g. Neighborhood Service h. General Retail i. Commercial j. Light Industrial 17.751 70,000 k. Heavy Industrial Proposed use(s) if specific use permit or planned development (PD) being requested. 12. Have petitioner(s) familiarized themselves with the official annexation policy, land use policies, and the standard municipal service plan of the City of Denton? Yes Name of Owner (s): City of Denton, Texas Signature(s) Address(es): City Hall, 215 East McKinney Street, Denton, Texas, 76205 Telephone #(s): Main Switchboard (940) 349 8400, City Manager's Office (940) 349 8307 Date: December 7, 1999 If petitioner is not the owner of the property: Status Petitioner Name(s) Signature (s) AclQress(es) A-98 ATTACHMENT 2 NORTH SITE LOCATION MAP Agenda Date: January 11, 2000 Scale: None o ATTACHMENT 3 ooo ~ ooo ~ -5 o n ~I3MOL ONI'IOO3 ~oo A-95, I)ME ~,'p¢~tc'er Plartt, tst PH. doc e ATTACHMENT 4. ANNEXATION SERVICE PLAN (A-98) EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: AREA: LOCATION: A-98 (DME Spencer electric generation plant) 17.751 acres North of Spencer Road, between Woodrow Lane and Loop 288. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Solid Waste Collection Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Water/Wastewater Facilities Maintenance of water and wastewater facilities in the area to be annexed thru are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Roads and Streets Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1-98 .~A;NE/(A:/70N ~'ERF/C7 PLAN. doc He ANNEXATION SERVICE PLAN (A-98) However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. Electric Facilities Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. Capital Improvements Program (ClP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. ATTACHMENT 5 PROPOSED ANNEXATION SCHEDULE A - 98 DME Spencer Generation Plant December 14, 1999 January 1, 2000 January 11, 2000 January 6, 2000 January 16, 2000 January 18, 2000 January 26, 2000 February 8, 2000 February 12, 2000 March 21, 2000 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. c~ Preliminary Annexation Assessment prepared. Notice published in Denton Record-Chronicle for first public hearing. c~ Annexation Study prepared and available for public review. ~ Service Plan prepared and available for public review. City Council conducts first public heating. · Public notice must be no less than 10 days and no more than 20 days before public heating. Notice published in Denton Record-Chronicle for second public hearing. Notice published in Denton Record-Chronicle for P & Z public heating. City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public heating. Planning and Zoning Commission holds a public heating and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. * Public notice must be no less than 10 days before public heating. City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. SPECIAL CALL MEETING. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Publication of annexation ordinance in Denton Record-Chronicle. City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. · Council action must be more than 30 days after publication of ordinance and less than 90 days after council instituted annexation proceedings. C:i3,~y Documer~a C'C Rcl~o,'lsi(?(? ll"ot'/~shop A-98, DME Gener~tirm Picm/,doc 9. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 11th, 2000 Planning & DeveloPment~partment Dave .ill, 349-8314/~ Agenda No. Agenda Item~~f-- Date I - II - bO SUBJECT Consider the following requests for relief from the provisions of Ordinances 99-473 and 99-474, establishing moratoria to apply to certain specified development applications: ao Business Park on Teasley Lane Lakeview Ranch Center Place Silver Dome and Cooper Creek Ace Business Park BACKGROUND Ordinances 99-473 and 99-474 (Exhibits A and B) were adopted by City Council on December 14h, 1999. These ordinances specify certain types of residential, general retail, and commercial development applications that are subject to moratoria intended to temporarily postpone application review and processing until interim standards are adopted. Ordinances 99-473 (Section 5) and 99-474 (Section 3) also contain provisions that allow applicants to request moratorium relief, and contains the following evaluation criteria to be used by Council: In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing residential density limitations or other development standards contained in the proposed interim development regulations; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the interim regulations; (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with thc proposed usc; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. Requests for Relief Applicants requesting moratoria relief must petition the Council in writing. received since December 14th, 1999 (see Exhibit C, Attachments a through f). applications is provided below: Six petitions were The status of these a. Business Park on Teasley Lane Location: Zoning: Platting: Comp Plan Consistency: East side of Teasley Lane, between Hobson & Ryan Office, conditioned Not Platted Proposed use is consistent with Neighborhood Centers designation b. Lakeview Ranch Location: Zoning: Platting: Comp Plan Consistency: Along Lakeview/Trinity Road, between Hwy380 & McKinney Agricultural Not Platted Proposed zoning is compatible with Neighborhood Centers designation c. Center Place Location: Zoning: Platting: Comp Plan Consistency: North side of 1-35E, between Teasley and Ft. Worth Drive Commercial Not Platted Proposed uses are consistent with Downtown/University Core District designation d. Silver Dome and Cooper Creek Location: Zoning: Platting: Comp Plan Consistency: East of Loop 288, from Mingo to Kings Row & Silver Dome Agricultural Not Platted Proposed zoning (SF-7) would allow densities over 4 dua e. Ace Business Park Location: Zoning: Platting: Comp Plan Consistency: OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or Meadow Street, between Iman and Dougherty Commercial Not Platted Proposed uses are consistnet with Downtown/University Core District designation 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the moratorium ordinances (andrefereneed on page 1). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. A separate Council vote should be made for each petition. ESTIMATED PROJECT SCHEDULE If moratorium relief is granted for a petitioner, processing of the development application will resume as per established procedures and legal requirements. If moratorium relief is not granted, processing of the application will be delayed until the moratoria are lifted. As per current schedules, City Council is expected to consider adoption of interim residential development standards and retail / commercial development standards on January 18th, 2000. Should the interim standards be adopted, staff will recommend that the moratorium ordinances be t~mfinated upon the effective date of the interim standards ordinances. PRIOR ACTION/REVIEW Six petitions were reviewed on January 4th, 2000. The petitions requesting moratoria relief heard by Council included: a. Kwik Industries - approved b. Children's Lighthouse Learning Center - approved c. Denton Independent School District projects - exempt under Ordinance 2000-071 d-l, d-2, d-3. Denton Cancer Center - approved e. Shadow Brook Place - approved f. Meztler's Addition - approved FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim financial harm, an issue that may be evaluated by Council. ATTACHMENTS Exhibit A: Ordinance 99-473 Exhibit B: Ordinance 99-474 Exhibit C: Written Petitions Requesting Moratorium Relief a. Business Park on Teasley Lane b. Lakeview Ranch c. Center Place d. Silver Dome and Cooper Creek e. Ace Business Park Respectfully sub_mitt~ Prssistant City Manager, Development Services F:\$HARED\DEPT\LGL\Our Documcnts\Ordinances\99\moratorium-residential-8.doc EXHIBIT A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING AND SUPERCEDING IN ITS ENTIRETY ORDINANCE NO. 99-440 ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED RESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for appro~,al of. residential · developments is likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development, applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, a joint public heating of the Planning and Zoning Commission and the City Council concerning the adoption of interim regulations was held on December 7, 1999; and WHEREAS, at the December 7, 1999 joint meeting the City Council was unable to' adopt such interim regulations; and WHEREAS, at such City Council meeting the City Council adopted Ordinance No. 99- 440 establishing a moratorium on certain residential development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance in its entirety. THE CouNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 99-440 is hereby amended and superceded in its entirety to read as hereinafter provided for in this ordinance. F:\SHARED\DEPT\LGL\Our Documents\Ordinances\99\moratorium-residemial-8.doc SECTION 2. Moratorium Established. (A) Except as otherwise provided herein., from and after the effective date of this ordinance and during the Moratorium Period as specified in Section 4 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any residential develOpment application, nor take any action to process such application, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, formulation of conditions or issuance of preliminary or final approvals of such applidations. (B) In the event that an application for a residential application is submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this Moratorium Ordinance. (c) Any action taken bY any citY employee, officer, agent, bureau, depm:tment or commission of the City to accept for filing or to further process an application for a residential development application after the effective date of this.ordinance is. deemed void of no effect. SEC;rlON 3. Exemptions. This .ordinance does not apply to th~ following types of · devel~)pmem applications: ·. (A) an application for a building permit for a single-family or two-family dwelling; (B) an application for approval of a detailed plan for residential use that has been accepted for filing prior to December 15, 1999; (c) an' application for approval or amendment of a final plat for a single-family or two-family subdivision, where a preliminary plat has been accepted for filing prior to the effective date of this ordinance or an application for approval or amendment of a preliminary or final plat for a single-family or two-family subdivision, where a detailed plan has been approved Or accepted for filing prior to December 15, 1999; (D) an application for approval of a building permit for a multi-family dxvelling, which is subject to a detailed plan approved or accepted for filing prior to December 15, 1999; (E) an application for approval or amendment of a preliminat3, plat for a single-family or two family subdivision, where the application was accepted for filing prior to the effective date of this ordinance or which ia aubjeet to a general development plan approved prior to such date; F:\SHARED\DEPT~GL\Our Documents\Ordinances\99\moratorium.residemiat.8.doe. - (F) an application to approve non-residential development. (G) any concept plan or detailed plan that was remanded by the City Council to the Planning and Zoning Commission prior to the effective date of this ordinance. (H) any application for approval of a specific use permit for residential use pending for decision on 'the City Council agenda for December 7, 1999 and any subsequent application for residential use subject to a special use permit approved on such date. The exemptions contained in this section allow such applications to be processed and finally decided but do not apply to nor authorize the filing of any subsequent residential development application for the same property. SECTION 4. Definitions. For purposes of this ordinance the following terms are defined to mean: Accepted for filing means the statUs of a residential development application following submission and acceptance as complete by the Director of all. application materials and documents required by the City Code of Ordinance. City means the City of Denton, Texas. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Density means the maximum number of dwelling units allowed under the zoning classification per unit of land. D6tailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in. Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. Multi-family means multiple-family dwelling (apartment) as defined in Section 35-76 of the Code of Ordinances of the City. Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. _ F:\SHARED~DEPT\LGL\Our Documents\Ordinances\99\moratorium-residential-8.do¢ Preliminary_ plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. 'Property owner means an owner as defined in SeCtion 34-11 of the Code of Ordinances of the City. Residential development application means a request to establish the use of the property for residential purposes or a request to grant a permit for such purposes, including the establishment or approval of single-family attached or detached, two-family, or multi-family dwellings. Residential development application includes a request to zone or rezone land for residential use; or request to approve or amend a concept plan, development plan, or detailed plan for a planned development district; a request to approve or amend a preliminary or final plat for residential use; or a request to approve a building permit for a multi-family dwelling. Residential development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Residential zoning district or residential uses means multi-family dwelling, two- family dwelling, one-family dwellings, a~ached, and one-family dwelling, detached uses. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Single-family. attached means one-family dwelling (attached) as defined in Section 35-76 of the Code of Ordinances of the City. Single-family, detached means one-family dwelling (detached) as defined in Section 35-76 of the Code of Ordinances of the City. Two-family dwelling means a two family dwelling as defined in Section 35-76 of the Code of Ordinances of the City. Zonin~ means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. F:\SHARED\DEPT\LGL\Our Do~um~nts\Ordinanccs\99\moratorium:residential-8.doc SECTION 5. Relief From Moratorium. A. Relief requests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. . o In deciding whether to grant relief to the applicant, the _City Council shall take into consideration the following: (a) whether granting reiief from the moratorium jeopardizes the City's best interests in implementing residential density limitations or other development standards .contained in the proposed interim. development regulations; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacetit to the proposed site; (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the interim regulations; (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. 4. The City Council may take the folloWing actions: F:~SHARED\DEPT\LGL\Our Documcnts\Ordinances\99\moratorium-residential-8.doc (a) deny the relief request; (b) grant the relief request;_ or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from Ordinance requirements necessary to prevent deprivation of a vested property right. SECTION 6. Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 2, 2000. The City Council reserves the right to extend the moratorium if the interim regulations do not become effective on or before said date. Should the interim regulations be adopted before said date, the ordinance adopting the interim regulations will contain a clause terminating the moratorium as of the date of such adoption. SECTION 7. Preamble Findings. The findings and recitations contained in the preamble. of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 8. Severability. If any provision of this ordinance or the application thereof · to any. person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 9. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. .4/,' PASSED'AND APPROVED this the/_~__-day of December, 1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,. CITY ATTORNEY: 9. ~~~-' " ' NOTE: Amended by Ordinance No. 2000-017. ~_EXHIBIT B AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to commercial land use and growth management; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of commercial developments is likely to occur in the interVening time period; and · WHEREAS~ it further"appears that approval of such developm6nt applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for detemfining consistency with the adopted Comprehensive Plan. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. MOratorium Established. Except as otherwise provided herein, from and after the effective date of this ordinance and during the Moratorium Period as specified in Section 5 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any commemial development application, nor take any action to process such application or any other commercial development application previously filed before the effective date of this ordinance, including but not limited to acceptance of fees, review or evaluation of the applications, scheduling for public review or hearing, formulation of conditions or issuance of preliminary or final approvals of such applications. 10. In the event that an application for a commercial development application is submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this. Moratorium Ordinance. (c) Any action taken by any City employee, officer, agent, bureau, department or commission of the City to accept for filing or to farther process a commercial development application after t. he effective date of this ordinance is deemed void and of no effect. .SECTION 2. Definitions. For purposes of this ordinance the following terms are d~fined to mean: Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. City means the City of Denton, Texas. Commercial development application means an application *fOr detailed plan, preliminary Plat, or final plat approval for commercial uses. Commercial development armlication refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Commercial uses means any uses allowed by right or by special use permit under the Commercial District and General Retail District as provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that contains any such uses. Concept plan means a general concept plan as provided for in Chapter 35,'Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. 11. Page 2 of 5 Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminary plat means a. preliminary plat as :defined in Section 34-11 and as provided for in SeCtion 34-18 of the Code of OrdinanCes of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Zoning means an application for the first zoning classification and lan~l use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION-3. ReliefFromMoratorium.. A. Relief requests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether graniing relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency criteria; the suitability of the proposed commercial uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; :1. 2. Page 3 of 5 (c) ' the impact of the proposed commemial use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the Comprehensive Plan consistency criteria; (f) the total expenditures made in connection with the proposed commercial development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. 4. The City Council maY take the following actions: (a). deny'the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SECTION 4. Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 16, 2000. SECTION 5. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 6. Severabilitv. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by anY court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. 13. Page 4 of 5 SECTION 7. Effective Date. This ordinance Shall become effective immediately upon the date of its passage and approval. pASSED AND APPROVED this the/-----~daY °f ~'~c~' , 1999. JACI~J~L~'R, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 14. Page 5 of 5 \\CH-LGLWOLI~HARED',DEP'IXLGL\Our Documcnts\O~din~nccs\99~Moratorium-commcrcial exemptions arn~ndment.doc : Om INANCE NO. ' 000- 017 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED L33qD DEVELOPMENT CODE; PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATORIUM; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREA'S, it appears that substantial applications for approyal of commercial · developments is likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development' applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council adopted Ordinance No. 99-474 establishing a moratorium on certain comm.ercial development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance to allow exemptions for certain commercial uses as defined by the ordinance and for a Specific exemption for public projects; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Ordinance No. 99-474 is hereby amended by adding the following provisions. Exemptions. The moratorium established by Ordinance No. 99-474 shall not apply to the followlnl5 types of development applications: 15. \\CH-LGL\VOLBshm'ed~lept~LGL\Our Documents\Ordinances\99hMoratorium-commer¢ial exemptions an~ndmcnt.doc SECTION 2. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 3. Saving. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 99-474, but all the provisions of Ordinance No. 99- 474 not in conflict with this ordinance shall continue in full force and effect. SECTION 4. SeverabiliW. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions Or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Attachment. That a copy of this ordinance shall be attached to Ordinance No. 99-474 showing the amendment herein .approved. SECTION 6. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the d'r-ri ATTEST: JENNIFER WALTERS, CITY SECRETARY day of ~~ , 2000. HERBERT L. PROUTY, CITY ATTORNEY 16. (A) a commercial development application for commemial uses as listed in Exhibit A which is attached hereto and incorporated by reference as if set out word for word; (B) a commercial development application for a public ~roiect. A nublic project is defined for the purposes of this ordinance'as any project that is initiated for a governmental entity. This includes but i~ not limited to federal, state, county, municipal, school district or a subdivision of a school district, special districts allowed by state law, publicly owned utility, or any other governmental or quasi-governmental authority. EXHIBIT A -~ The following specific uses (bold letters) which are listed in Seetion 35-77 of the Code of Ordinances, City of Denton, Texas are exempted form the moratorium created by Ordinance 99-474. · PRIMARY RESIDENTIAL USES ONE FAMII,y DWELLING RESTRICTED · EDUCATIONAL, INSTITUTIONAL & SPECIAL USES ART GALLERY OR MUSEUM CEMETERy OR MAUSOLEUM CHURCH OR RECTORY COLLEGE, UNIVERSITY OR PRIVATE SCHOOL COMMUNITY CENTER (PUBLIC) DAY NURSERY OR KINDERGARTEN SCHOOL HOSPITAL (GENERAL ACUTE CARE) INSTITUTION OF RELIGIOUS OR PItILANTHROPIC NATURE LIBRARY (PUBLIC) MONASTERY OR CONVENT PARK, PLAYGROUND OR PUBLIC COMM. CENTER SCHOOL, PRIVATE PRIMARY OR SECONDARY SCHOOL, PUBLIC OR DENOMINATIONAL SCHOOL, BUSINESS OR TRADE · UTILITY, ACCESSORY AND INCIDENTAL USES PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT SWIMMING POOL (PRIVATE) · RECREATIONAL AND ENTERTAINMENT USES GOLF COURSE (PUBLIC) PARK OR PLAYGROUND (PUBLIC) PLAY FIELD OR STADIUM (PUBLIC) · AGRICULTURAL TYPE USES FARM OR RANCH \\CH-LGL\VOLI~SHARED\DEPT~LGL\Our Documcntz\Ordinanccs\99~loratorium-conuner~ial amendment exhibit A.doc FROM : EXHIBIT C.a ? Oct. 18 1999 02:00PM P1 I / 6 / 2000 3605 WANDERING TRAIL PLANOo TX 7507.6-1,636 PH: (214.) 964-5546 page i of 2 fax to ( 940 ) 349 - 8596 Denton City Manager Att: David Hill (ACM) I met with Larry Reinhart this afternoon. At' his suggestion I am faxing this explanation and a copy of my letter to the City Council for your consideration. If at al~'possible'! would appreciate this being considered on the eleventh. Sincerely, Jim ~enderson 18. FROM : FAX NO. : 9929645349 Oct. 18 1999 02:01PM P2 3608 WANDERING TRAIL PLANe, TX 75075-1536 PH: (2141 964-5546 January 6, 2000 Mayor Miller and City Council City Hall 215 E. McKinney Denton, TX 76201 Dear Mayor and council: Teasley Partners Ltd. requests relief from your Moratorium of December 7, 1999 for approval of the Preliminary Plat for CENTRE PLACE.Development.. Over the past three months we have diligently cooperated with the various city departments of the Development Review committee to meet the requirements for a responsible Development. We feel that we have met all the criteria for approval of this Preliminary plat without further delay .so that we can go forward with our engineering and Final Plat. Sincerely, Teasley Partners Ltd. James G. Henderson, Managing Partner 19. EXHIBIT C.b McCarty Construction Company, Inc. GENERAL CONSTRUCTION 3912 E. MCKINNEY · DENTON, TEXAS 76208-4606 · 940/566-1599 January 5, 2000 The Honorable Jack Miller Mayor of the City of Denton Denton TX 76201 Re: Relief from Moratorium Dear Mayor Miller: JAN 0 § 2000 crrY OF DENTON LEGAL DEPT. In seeking relief from the Moratorium on Commercial Construction in the City of Denton, I would like to address the methods of relief as spelled out in the Moratorium itself. I wish to answer the points for our project, Teasley Lane Office Park, located at 3517 South Teasley Lane. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: ae Answer: In granting relief for this project, the Council would only be reflecting what they have already approved in the criteria as reflected by Ordinance 99-242. See attached copy. Bo Answer: The suitability of the commercial uses of the land use as allowed in the zoning districts on property adjacent to the site were set forth in Council- approved Ordinance 99-242. The property to the north is zoned to used as doctor's offices and a small animal clinic as has been approved for the applicant's property. Co Answer: The driveway that this property will use is a joint private access easement on the north property line with the Dove Creek Addition. The common driveway will use the existing approved drive approach from Teasley Lane. Right of Way dedication will be given on FM 2181 fifty (50) feet from existing center line of pavement. As Teasley is a state highway, no additional pavement improvements will be needed for the reuse of the house as it is proposed. A four (4) foot sidewalk conforming with Texas Accessibility Standards will be constructed along the frontage of Teasley Lane. De Answer: Measures that will be taken to prevent negative impact on the neighborhood are; a six (6) foot masonry-like fence will be constructed along the east 20. property line to separate the commercial area from the residential area. The new parking area will be located on the north side of the existing structure and the house will retain the same appearance. All remodel work is to be completed on the interior. Ee Answer: The adoption of the Comprehensive Plan consistency criteria will not affect the site as per Ordinance 99-242. Fe Answer: The total expenditure that will be made with this site, including the cost of installing infrastructure to serve the project, will be over $500,000.00. With the approval of Ordinance 99-242, $300,000.00 has already been spent. G. Answer: Fees that have been paid for this proposed use will total to approximately $2,500.00. Ho Answer: With the approval of the zoning as reflected in Ordinance 99-242, the purchase price for the property ($300,000.00) was spent, plus fees for platting and plan review. The detriment to the applicant is the instigation of the Moratorium which closed down the review process connected with platting. If you have any questions, please feel free to call. Sincerely, Bi McCarty President BDM:sam Encl. 21. S:\Our Documents\Ordinance$\99~Z~99.038-2 ~linan~e.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF:DENTON, TEXAs, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98-255 WHICH ESTABLISHED AN OFFICE (O[C]) - CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FoR 1.831 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, SOUTH OF BENT OAKS DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-038) WHEREAS, Dr. Granville Wright, on behalf of Mr. and Mrs. Higgins, has applied for an amendment to the conditiOns of Ordinance 98-255, which established a Conditioned Office (o Ici) ,zoning district classification, and use designation for 1.831 acres of land; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the requested change in conditions of ordinance 98-255; and WHEREAS, the City Council finds that the change in conditions of Ordinance 98-255 will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CiTY OF DENTON HEREBY ORDAINS: SECTION 1. That the c~nditions of Ordinance 98-255, which established a Office Conditioned (O[e]) zoning district classification and use designation for the subject 1.831 acre property, described in the legal description attached hereto and'incorporated herein as Exhibit A are amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows: '2. A new Exhibit "B", which is attached hereto and incorporated herein by reference, is substituted for the old Exhibit "B", referenced in paragraph 1 of Section I of Ordinance 98- 255, and allows two additional land uses. That in addition to the door signs referenced in paragraph 5 of Section I of ordinance 98-255, additiOna! signs and regulations listed below are allowed: ,4. Wall Signs. Ono Wall Sign shall be allowed on a building. However, no wall sign shall .be greater than thirty-two (32) square fee in tot~tl area. B. Monument Signs. One monument sign per lot. The maximum height for monument signs is six (6) feet with a maximum size of sixty (60) square feet. In addition to the "bufferyard" referenced m paragraph 7 of Section I of ordinance 98-255, the following "bUfferyard'' may be used as an alternative along the eastern property line abutting residential lots: · · A "bufferyard" measuring ten (I0)feet wide, comprising of four (4) canopy and eight (8) under'tory trees per each hundred (100) linear feet, and a solid masonry or masonry-like fence that is at least six (6)feet in height may be installed along the. east property line abutting residential lots. 22. SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 'That the proVisions of this ordinance Shall govern and control, oVer anY conflicting provisions Of ordinance 98-255, but all Provisions of Ordinance 98-255 as they applY to the remaining portion of the zoning district land use regulations not herein amended, shall continue in full force and effect. SECTION 4. That a copy of this ordinance shall be attached to Ordinance 98-255 showing the amendments herein approved. SECTION 5. That any person violating any prOvision of this ordinance shall, upon conviction, be freed a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas; within.ten (10) days of the date of its passage. ~. PAssED AND APPROVED this the ~'~t~day of 1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITy ATTORNEY 23. EXHIBIT A * · , '..' ii'~ "**. * i'i'i ',i:~ '!*.. · .'. ':'~..'~.:. '~. '.. ;:... i'..... .'-.': .:.'. '.i .FIELD NOTES::..:':. "':: "; ;':':*". '"': ;'" .: ' *'-"; 'i .' '"' ':'/'::" ..' ': .'*;1:.~3"1 'ACRES :'i BEING all that certain lot, tract, or parcel of land situated in the J. Fisher Survey Abstract Number 421, in the City of Denton, Denton County, Texas, being all of tha{ certain tract of land conveyed by deed from First State Bank of Denton to Jerry Conduff et ux recorded in Volume 2502, Page 413, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the northeast line of Farm-to- Market Highway Number.2181, a public.roadway having a right-of-way of 90.0 feet, sald point, being the most southerly point of said Conduff tract; THENCE N 32° 04' 54- W, 332.86 feet with said northeast line of said F.M. Highway to a right-.of-way marker for comer;, THENCE along the arc of a curve to the right having a central angle .of 070'40' 2.9", a radius of. 1307.e9 feet,".a.n ar? length of 18.5.89.feet, Wnose c.h..ord bears 'N 28° 02' 35~' W, 185.74'f~et With Sai~l.'nor~hea~i hn~ Of'said F.M. Hf~ThW~y tO' an iron rod set for comer, said Point being the Southeast comer of that certain tract of land conveyed by deed from First state Bank to Michael K. Knox and Kathy M. Riley recorded in Volume 2605, Page 36, Real Property Records, Denton County, Texas; THENCE N 80° 42' O0~' E, 3'19.83 feet the south line of said Knox and Riley tract to an iron rod found for .comer,. said point being the southeast comer of said Knox and Riley tract; THENCE $ 05° 54' 34" W, 500.31 feet with to the PLACE OF BEGINNING and *.... ~:. ....: .:...containing. . 1.83'1. acres of land; .: ...:....~.~. * ~: ~ 7.. '-:. ~.' '"..:"i: i'...~ ... .... ' ': "~ ~' ."ii.~ ~""" . '."i i'." i...' ..~- '". ': ;. '...~i'....i ~ '*'~:** ~*.....i ....... .-*...*.-. ...... , .... ',.~ ............ · ......... '....'--~ 24. 'EXHIBIT B Z-99-038 PERMITTED LAND USES · .. Educational, Institutional and special Uses · ' ~ Art Gallery or Museum ~ Day Nursery or Kindergarten School Hospital (General Acute Care) Nursing Home or Residence Home for the Aged* Institutions of Religious or Philanthropic Nature Utility. Accessory and Incidental Uses Accessory .Building Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Telephone, Business Office Retail and Service Tv=e Uses Offices, Professional and Administrative Studio for Photographer, Musician, Artist or Health Aaricultural Uses Animal Clinic Or hospital (no outside no outside runsor pei~s) * * These two land uses are in addition to the original land uses permitted by Ordinance 98-255 25, ORDINANCE NO; AN' ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citY of Denton enacted by ordinance, a new Comprehensive Plan for the CitY of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to commercial land use and growth management; and WHEREAS, including inter alia goals and strategies; the CitY intends to comprehensively amend its Code of Ordinances, its zoning and subdivision regulations, in order to implement such polices,. and WHEREAS, it appears that substantial applications for approval of commercial developments is likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the CitY Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for determining con. sistency with the adopted Comprehensive Plan. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, Moratorium Established~ (A) Except as otherwise provided herein, from and after the effective date of this ordinance and during the MomtiSfi[w/f Peri6d as SPecified in Section 5 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any commercial development application, nor take any action to process such application or any other commercial development application previously filed before the effective date of this ordinance, including but not limited to acceptance of fees, review or ewhmtion of the applie~tion~, scheduling for public review or hearing, formulation of conditions or issuance of preliminary or final approvals of such applications. 26. (B) In the event that an application for a commercial development application is submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or further processing for the duration of this Moratorium Ordinance. (c) Any action taken by any City etnployee, officer, agent, bureau, department or commission of the City to accept for filing or to further process a commercial development application after the effective date of this ordinance is deemed void and of no effect. SECTION 2. Definitions. For purposes of this ordinance the following terms are defined to mean: Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. Ci.ty means the City of Denton, Texas. Commemial development application means an application for detailed plan, preliminary plat, or final plat approval for commercial useS. Commemial development application refers to the application form, together with all documents and exhibits required of the applicant by the City for development review purposes. Commercial uses means any us~.~..,~[lo...we, d by right or by special use permit under the Commercial District and General Retail District as provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that eontmns any such uses. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final pi'at as defined in Section 34211 and as provided for in Section 34-15 of the Code of Ordinances of the City. 27. Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminary_ Plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes approVal ofa conceptplan.~.. . Zoning map means zoning district map as defmed in Section 35-3 of the Code of Ordinances of the City. ~ SECTION 3. Relief From Moratorium. A. Relief requests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the ecOnomically viable use of his land. e In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency . ? ,~ criteria; ~ ' d/kTthe suitability of the proposed commercial uses in !ight of land ~-~7' ~7~.j~._~? ~m~'-4~P rises allowed ,n the zomng d,stricts on property adjacent to the ,~. ~ ~ed site; 213. Pag~ ~5 (c) (d) the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; 'the measures proPosed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adopfi6fi~6i'~'the'' ·ComprehenSive Plan consistency criteria; (0 the total expenditures made in connection with the proposed commercial development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. 4. The City coUncil may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. Minlmum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. SECTION 4. MoratOrium Period. The moratorium established by this ordinance shall Commence on the effective date ofthis ordinance and expire On February 16, 2000. SECTION 5. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 6. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provision~ or applieatiom, and to thig end the provisions of this ordinance are severable. 29. ,f5 SECTION 7. Effective Date. This °r~i~ar~e'shail' becOme effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the __ day of. ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: 30. Page 5 of 5 01/0S/2000 04:17 FAX LAKEVIEW RANCH EXHIBIT C.c ~]02 Jano_-a~y 5, 2000 Re: Zoning of Lal~vicw Ranch Dear Mayor and City Cou~il, For more th_a. a year. we have worked on a maser plan for the Lak~wiew Ra-¢h project With the fi~t pha~ of 157 lots on 275 a~es developed and house~ smrfi.~ we want to continue with planning on the remaining 735 a~res. After stndying tl~ direction we saw tl~ City Council moving, we adjuatod our plan acca~dingly. The overall plan has a density of 2.3 units per acre, wall under the proposed bas~ of 3.3 ,,nits par ac~. Worl~.g with the DISD, we agreed to give an elomemary school a sit~ that would b~ adjacent to a noighburhood park_ Additionally. working with the parks dei~u-a.ont and DISD. we allowed for a regional park aa part of the curr~nt bond election_ With input fxom the parks depmtment and the corp. of engineers, our first pha~ shows plons for trails around and through our project The currant nmst~ plan is the o-lmination of this past year's work. The zonl-g request for Lakcview Ranch was submitted to the City on September 8, 1999. This was after five meetings with the neighborhood and much planning and engineerin& The planning and zoning commission app~ved the straight zoni. g 7-0 and the ._am-all PUD at the south end 6-1 on O~tober 13. 1999. On December 14, 1999. w~ we~ at the work session regardln~ the resid~tial mm'amrium, At that tim~. Dave Hill said he thought that the Lak~view Ranch zoning request waa not cover~d under rite moratorium. Later, during the called session, we asked the council if it was their int~at that we w~re not covered by thc moratorium, and could pre~d~ with our zoning rcquaac The council told us we could proceed. SmtT currently tells us that, although the intent was to exclude Lal~cw l~mch fi~om the moratorium: we are in fact part of it and csnn~t move forward. We are requesting "Relief' under tl~ Rcnidential Moratorittm Ordi-~nce. Section 5, so that we may com~ b~for~ you for at~axn~l. Lakeview Ranc~h, we hope, ia an ~ample of the quality developmcnt that the City of Denton desires_ ~ pa~~~._~cerely' Cc: Herb Prouty Micheal W_ Je.z Dave Hill Doug Powell Tommy B~i" Terra/Bain, Inc. ** 700 Lnkeview Blvd. * l}enton, T_~_.-.~ * 76207 * 9T2-410-gdl00 * Fax 940-38,3-1340 ** 31. ,~- 01/,~6/2080 18:08 2148808709 ~N PAGE EXHIBIT C.d 02 600 North Pearl WYNN EI JACKSON IN C Plaza of the Arne"ca~ ! ' Dallas, Texas 7520~ 214 880.8~a00 Fax: 880-8709 January 6, 2000 Mayor Miller & Cotmoilmen City or'De.ton 2 ! $ E. McgJrmey Denton, Texas 7620! Via Facsimile & US Mail (940)$49-8596 Approx/mately 121 acres of land located at the southwest comer of Silver Dome and Cooper Creek in the extraterritorial jurisdiction of the City of Denton, Texas Dear Mr, Mayor and Councilmen: We are formally requesting that the above referenc~l zoning case be exempted from the development moratorium in thc City of Denton and be placed back on the agenda for review by the Planning and Zoning Commission. Please do not hesitate to contact me if you need any additional informat/on. Sincerely, Senior Vice President Enclosure Developers of Plaza of the and olher quality projects Ace Air Conditioning & Heating 8967 Cripple Creek Sanger TX 76266 Phone: (940)382-2103 Fax: (940)458-4826 EXHIBIT C.e January 5, 2000 Mark Donaldson Denton Review Committee Dear Mr. Donaldson: Ace Business Park would like you to exclude its plat application from the current commercial moratorium issued by the City of Denton. Since we have been working with the city since our first permit application (#70592) on February 4, 1999, we should be allowed this privilege. We also would like to request that the Denton Review Committee contact the City of Denton Attorneys office in regards to disputes over unknown ownership of property bordering Ace's property. If you have any questions in this matter contact our office at 382-2103. Thank you for your cooperation in this matter. Sincerely OwnerTr°y Heimdal 33. AGENDA INFORMATION SHEET Agenda No,_ Agenda Item . AGENDA DATE: January 11, 2000 DEPARTMENT: Parks and~ ACM: Dave Hill- SUBJECT: Receive a report, hold a discussion and give staff direction regarding the provision and maintenance of Open Space and related amenities. BACKGROUND: During the City Council's review of the draft Comprehensive Plan, interest was expressed in creating small open spaces in new residential subdivisions, in excess of the space set aside through the requirements of the Park Dedication Ordinance. Specifically, the Council's interest seemed to be in two types of open space: 1. "Pocket parks" that provide limited recreation facilities in developments not large enough to generate a dedication of five or more acres for a neighborhood park; 2. Urban green space, the primary function of which is to enhance the aesthetic appearance of the development or preserve natural features. Examples might include public plazas and courtyards, traffic circles, landscaped entries and medians, natural drainage, hike/bike corridors, tree groves and buffer yards. The newly adopted Comprehensive Plan promotes the creation of such spaces in the Parks, Urban Design and Streets sections. The pending revisions of the development code may address these features. The interim development ordinance now under review uses incentives to protect floodpla'm and other natural features, generating additional open space and adding value to our community. While the mechanisms for securing these features are under review, recent development has generated such spaces. As more open space is added to development, the overrid'mg question is, Who will maintain it? Regardless of whether the provision of open space is required or encouraged through incentives, the issue of its perpetual maintenance (and related costs) must also be adequately addressed. It may be helpful to examine Open Space from two perspectives: How it is provided, and how it can be managed. Provision of Open Space--Public vs. Private Open Space may be defined as land on which no significant surface improvements are constructed. Open Space may be publicly or privately owned, developed with recreational amenities or set aside to preserve natural features and environmentally ~DRAFT" Denton Comprehensive Plan July 9th, 1999 IIIII I >ubmio Review .ditio. Figure 12.1 Park Classifications and Standards Servxce standard: Size:7 acre per 1,000 residents 50 acres plus (typically several ~/. L'~i~-- ~ . ~/~ hundred acres) Entire jurisdiction and beyond Unique, one of a kind" facilities, such as gard~;!~'~er, wa~er parks, out- door theater, civic center, fitness center, model ~fi~/~lane f~ld, multi-field athletic complex, nature center. Likely to ~h~lud~ifiC~~t conservation areas. 'uz e s 7~= ~ N0. ~tandard ~{~~%% ~~~---- hoods. Ideally serves the entire ~ x, jurisdiction. ~~~ hiking, biking, skating, horseback ~ ~ riding. Connects residential areas to schools, parks, civic buildings, ; ' other co--unities. OPEN SPACE P~SER~ ' No standards apply. Land acquired and managed in accordance with preservation and urban design objectives. ~ OPEN SPACE Se~i~ ~ I~ediate area, less than 1/8 ~le radius. Public or ~i~ craned: pr2vate park. None Size- Used to address limited, isolated or unique needs. T~i- T~, 9 ~nn cally for passive use, may include very limited recre- ~_~ pavements, formal spaces such as fountains and public ~u~= art, and may be at the intersection of streets. C:~Comprehensive~lan~Courier~lic Review Edition Page~ / ". %_ ..,. ,' VII. Economic D~v'.,do.m~leltt ~ In .fr'astruct~ Iml)rovemer~s " Public Improvement Districts-- [1[I Cities often, need to.make certain improvemencs Io thek. infraslm~e to facilirale economic growth within .an area, NeW businesses re.ay .chOose i noT to locate where, thcr. e arc inadequate streets, substandard utility service, or other public facilities or services that ar~ inferior. It is also difficult for existing businesses to prosper in areas that have poor public infrastructure. Texas law provides a rmrnber of ways to finance needed public improvements, including the use of special assessments. Public Improvement Districts (PIDs) offer cities a means for undertaking such a project. The Public Improvement District Assessment Act allows any city to levy and collect special assessmems on property that is within the city or within the city's extraterritorial jurisdiction (ETJ).~ The statute authorizing the creation of PlDs is found in Chapter 372 of the Local Government Code. The public improvement district may be formed to accomplish any of the following improvements:~]° water, wastewater, health and sanitation, or clraba~e improvements (including acquisition, construction, or improvements of water, wastewatcr, or dr '.mn. age improvements); street and sidewalk impro,,'ementa (n_¢quiring, constructing, improvin-.., widening, na,,uwing, closing, or rcrouting sidewal 'ks, street, s, or eny other roadways or their rights- of-vray); mass transit improvements (acquisition, consmlcfion, improvement,, or rerouting of mass transportation facilities); parking improvements (acquisitiol), construction, or improvemem of off-street parking facilities):. library irnproveme~ts (acquisition, construction, or improvement of libraries); park, ~ccrca~on, ~ cuhmal impwvements (the establishment or improvemem ofpa~ks); landscaping and other a~th~tic improvCm~nu (erection of fountains, distinetive'lighting~ and signs); · a.n installation (acquisition and installation of pieces of art); · creation of pcdemian malls (¢onsuuctio~ or improvement of pedestrian malls); · similar improvements (projects similar lo those listed ahoy=); '9 FROM;~. E~COD P.$3 ~1. Econo~i= ~...~.IQ .T~sem through !nfr~structm'ad imprm,~.men~ 7 · supplemental safety' services (supplemental .'.'.'.'.'.'.'.'.'.~cW. ~ccs for the improvement of the district, including public safety ~nd security services); Or'" supplememal busmess-relaled services (supplemental business-related services fo~*.he improvement of the district, including advertising and business recruim~em and development).. ' The nine steps involved in creating a public impwvement district are as follows: Step 1. The city or a group of the affected property owners must initiate a petition that r, alls for a defined area of the city to be declared a public improvement district,s' The pelition mus~ slate:s ~-, 1) 2) 3) 4) S) 6) 7) S) the general nature of the proposed improvements; the estimated cost of the improvements; the boundaries of the improvemems: thc propomd method of ass~ment, '*~ich may specify included or excluded classes of assessable property; the proposed apportionment of costs bet~'een the public improvement district arid the municipality as a whole; whether the district will be managed by the municipality, by the pfi,~t~ sector, or by a parmership of the two; that the. persons signing the petition request or concur with the establishment of the district; and that an advisory, board may bc established to develop and recommend an improvement plan to the. governing body ?fthe municipality. The petition is sufficient if it me~ns two conditioro. First, h must b~ signed bI' owners of more than 50 l~.~nt of the taxable re, al property valu~ that is subject to assessment under thc proposal, S~cond, thc p~fi6on must also include aignatm~s flora mom titan 50 p~c~t of thc nmnb,zt of tax~' '~. pmlgrty ownc~ who would be azsessed, or include signauu~s from owne~ of more dmn .50 l~'r~ ; of the surface area to be assessed under the proposal. ..FRX HOot 94~3497239 01-28-99 04s$SP ~1. ;~_~namic Develo ' .pa~'~/.T~u, ou~ll I~raslrS;glural Impfovea~n~ , Step 2. After receiving a petition to establish a publie Improvement district, the governing body of the cry may appoint an advisory board to develop an improvement plan for the PID.s~3 Texas statu~ do not provide a set number of'members for the advisory board. Thc mcmbe~lfip on · d~e boa~4 h°WCyer, must bc sumcicnt to meg ~ ~it~ria. Fire, it must be'composed ofta-xable real ptolx-rty owners who rcprcsem mon: chart 50 pcrccm o£the appraised value of ~axable real property tha~ is subject ~o assessment. S~cond, flxis board must incluclg represcmafion by more than 50 percent of the property owners who would be liable for assessment, or include more than 50 percent of the owners of ~xable surrac~ area under the proposed plan. Upon initiation of thc PID by petition, the governing body of the city should prepare a report on whether the improvements are feasible and whcther thc plan should be augmented by other au~otizcd improvements? Thc feasibility report may be conduc~l using the services of municipal employees or otnside cor~ullants. Thc purpose of thc report is to determine xvhctim- an im/~iovcrnen~ should be made as proposed by ~he petition, or in combination with other improvements authorized ~md~r Chapter 37:2 of the Local Government Code. St~ ~. A public hearing on the advisabilily o! the improvemenls must be ~nd~ ~er meeUng statuto~ noti~ ~u~reme~s.s~s Afl~e ~ study is co~le~, a pubic h~ng mu~ ~ held by the gov~ ~y of ~e ci~ ~ dele ~e ~i~ of~e ~sed improv~. Notice of~e public being m~ ~ pub~ ~ a nc~ of g~c~ ~culation ~ ~e m~cip~ ~ ~ ! 5 ~ys prior m ~e &~e of~e h~g. Additionally, notice of~e P1D mug be m~led more ~ 15 &ys ~or w ~e &te of~e h~ng to ~e o~em ofpm~ xsi~n ~e pro~d P~. ~e ~fic~ m~ ~on~n ~e follo~g ~ation: 1) ~e time ~d p~ of ~ he.g; , 2) ~e gen~ ~e of~e ~o~ ~pwvem~n~; 3) ~e ~ated cog of~e improvement; 5) ~e ~oposed ~ of~sesm~,nt; ~d 6) ~e pro~s~ ap~o~t of cog ~en ~e ~ov~mt divot ~ ~e m~icip~ ~ a ~ole. 11 r,~ r~u.~ ~.~4~ y2,s~ 01-28-99 ~4 ~55P gath~d ~ thc public being. Addi~onally. ~e m~icipali~ ~ m~ findin~ (by ~luzion) reg~d~g ~e advi~biliF of the pro~s~ improvement. 8rep 4..The governing body of the city must adopt a resolution by majority vote authorizing the 'creation o! a PID.s~. * ' The authorization of the PID must be done within six months of the public hearing on thc l~lo. The authori~fion is effective once notice of the resolution is published in a newspaper of general circulation in thc monicipaliry. If any part of thc improvement alisa'itt is located in the extraterritorial jurisdiction (ETJ) of the municipality, thc notice must also be published once in a newspaper of general circulation in the city's ETJ. Step 5. Twenty days after authorization of the PID, the city may begin construcUon of the improvements,s" Cor~'tion may not begin, however, if ~ithin thc 20 day-period a protest petition is filed. Sugh a petition must be signed by owners representing at least two-thirds of the taxable surface area of the district or by two-thirds of all the land owners in thc distslct. In rcs~n.~, the gov~'ning body of the city may choose to assess only part or none of the area of the district,m The area to be assessed may not, ia any case, be increased beyond the boundaries described in the original notices unless an additional notice and public hearing are provided? 8rep O. A five-year on-going servioe and assessment plan must be developed.~° The service and assessment plan mu.~ define thc annual indcbtcdn~s and projected costs of the improvemencs for the PID. Thc plan must also be reviewed and updated annually for pur~.scs of . determining an a~.,,~! budget for the PID. Thc plan may be pr~.pared by the municipality or by the PID advisor- board, ir'one.is appointed. In addition, the governing body of thc city mu.st prepare an assessmcm plan.TM The assessment plan must Provide that at least ten percent of the Cost of the improvements is' ~vcred by ass~s_?nents against taxable propeny within the PlO. Assessments must be based upon the special benefits that accruc to the property because of an improvemenr~s~' Costs may be assessed in any maturer that results in ~qual shares of the cost being absorbed by similarly benefitted properties within the PID. Assessmenr. s may be adjusted annually upon review or'the service plaa. Thc city is responsible tot , 12 -' VII. Economic D~elopment. Thro~h In/mlructuril Im~,,-~vemen~s payment of assessments against exempt municipal property v. ithin.d~e districtsu Payment of assessments by other tax exempt jurisdictions must be established by contract. Step 7. The city must provide notice and a hearing to determine the total cost of. the improvements and to prepare an assessment roll?4 A copy °fthe proposed assessment z~ll must be filed with the city secreucry. Notice of die PUblic hearing on the zoll must be mailed to affected propcrty owners. The notice must ~so bc published in the newspaper in the same manner fruit notice was given for the creation of the PID, except thal nt least ten dab, s' notce must be provided. An additional statement must be included in rhi~ noticc that written or oral objections will be considered at the public hearing. At thc public hearing, the governing body must hear and rule on any objections that ate raised? Step 8. After all the objections have been heard and considered, the governing body may levy, by ordinance the special assessment ~ainst the laxable properties within the distri~Ls2s The ordinance mum include the method of pa.~aent and may provide for installment payments to meet annual costs and retire any indebtedness for the improvements within the district. Thc assessment is a first and prior lien against thc property, superior to all other liens and claims except liens for s~te. county, school district, or city ad valorem takes?~ '12ae'costs of thc improvements called for under thc district may bc paid from available gcncral funds of the municipality, any special assessments le~,~ed, and from proceeds of the sale of gcncra] obligation bonds and related revenue bonds, temporary notes, and dine v,'arrants?n 8rep 9. The governing body may make additional assessments against property within the distri~ to correct omissions or mistakes regarding the costs of the imprdvements?° Before such an aclditional asscssraent may be asscssed, the city must provide the ~rne Wpe of notice and public hearing that was z~-quir~d for thc original mscssment. A public improvement district may also be dissolved after public notice and a public l~earing has bcgn held?° Thc nolicc and heailng requirements arc the same ss those required to c~eale a PID. A ped6on requesting dissolution must be filed with ~he civJ secretary and must contain the signatures of~t ]east thc sallle nlullb~r of property owners required ~o crea~ the PID. If thc dish let is dissolved. it stays in effect until it has paid off any indebtedness thai remains for thc improvements. 13 Public Improvement District Assessment Act Texas £ocal Government Code Chapter 372 372.05 Petition (a) A petition for the establishment of a public improvement district must state: (1) the general nature of the proposed improvement; (2) the estimated cost of the improvement; (3) the boundaries of the proposed assessment district; (4) the proposed method of assessment, which may specify included or excluded classes of assessable property; (5) the proposed apportionment of cost between the public improvement district and the municipality as a whole; (6) whether the management of the dis~ct is to be by the mtmicipality, private sector, or a partnership between the municipality and the private sector; (7) that the persons signing the petition request or concur with the establishment of the district; and (8) that an advisory body may be established to develop and recommend an improvement plan to the governing body of the municipality. (b) The petition is sufficient if signed by: (1) owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the pro.perty is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. (c) The petition may be filed with the municipal secretary or other officer performing the functions of the municipal secretary. These are the requirements to develop a Public Improvement District as stated in the Texas Local Government Code, more information fxom this sub-chapter is available upon request. 14 NOTE Exhibit C for Item #7 is located in the C~ty Secretary Exhibit File AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET January 11th, 2000 Planning & Developm~nt~rtment Dave Hill, 349-8314 ~2~.~ Date SUBJECT - Interim Nonresidential Development Standards Receive a report, hold a discussion, and give staff direction regarding the draft interim nonresidential development standards ordinance. BACKGROUND During the December 14th, 1999 work session, Council members instructed staff to prepare an interim ordinance designed to guide development decision-making for nonresidential development applications until the city's development code is rewritten. Previously, efforts had focused on the preparation of interim development standards for residential applications only. The interim residential ordinance has been undergoing Council and P&Z review since December 7th, 1999, and the interim nonresidential ordinance is similar in structure. A copy of the draft nonresidential ordinance is attached (Exhibit A). At the December 14th work session, Council reviewed a General Retail and Commercial moratorium, Ordinance 99-474, (see Exhibit B) that was eventually adopted during a special called meeting on the same night. The moratorium affects approximately 140 out of 160 land uses permitted by the city.' Ordinance 2000-017 amended the moratorium requirements on January 4th, 2000 to exempt public projects and certain institutional land uses (see Exhibit C). The December 14th work session discussion eventually led to the conclusion that retail and commercial standards were needed. Because so many land uses were affected, but not all, staff expanded the scope of the draft ordinance from retail and commercial uses to "nonresidential" uses. As is the case of the interim residential standards, the nonresidential draft ordinance requires a Zoning Plan and Project Plan, with many similar information submittal requirements. However, because nonresidential uses can vary so widely in terms of characteristics and impacts, the evaluation criteria are more broadly defined than for residential uses. Another significant feature of the draft ordinance is the evaluation of Comprehensive Plan Consistency, which requires a check of all new and pending PD Detailed Plan or plat applications for consistency with the Future Land Use Plan and intensity standards contained in the comprehensive plan. A list of pending nonresidential PD Detailed Plan and plat development applications potentially considered inconsistent with the comprehensive plan is attached (Exhibit D). OPTIONS 1. Make revisions as necessary and adhere to estimated schedule. 2. Postpone schedule and schedule the interim standards for further work session review. RECOMMENDATION Staff recommends approval of the interim nonresidential standards ordinance. Although the draft ordinance has not yet been subjected to formal review, its structure and content is very similar to the interim residential ordinance. Staff will continue to prepare for Council action on the ordinance on January 18th. Should the P&Z Commissioners decide to postpone making a recommendation on January 12th, the adoption schedule will be delaYed. In the interim, the Retail and Commercial moratorium will remain in effect. ESTIMATED PROJECT SCHEDULE January 12th, 2000 P&Z public hearing and recommendation January 18th, 2000 City Council public hearing and action PRIOR ACTION/REVIEW December 14th, 1999 City Council work session review December 14th, 1999 GR & C moratorium ordinance adopted by City Council FISCAL INFORMATION The draft ordinance will increase the cost of residential development, in terms of both development review processing and actual construction. Until the new development code in ready for adoption, the interim code provides a transition toward higher expectations of development quality as indicated in the comprehensive plan. ATTACHMENTS Exhibit A: Draft Interim Nonresidential Development Standards Ordinance Exhibit B: Ordinance 99-474 - Retail and Commercial Moratorium Exhibit C: Ordinance 2000-017 - Retail and Commercial Moratorium amendment Exhibit D: List of Pending PD Detailed Plan and Plat Applications considered to be inconsistent with the comprehensive plan D~Hill Assistant City Manager, Development Services NOTE Interim Map for Environmentally Sensitive Areas is located in the City Secretary's Exhibit File EXHIBIT A INTERIM NONRESIDENTIAL STANDARDS- Jan. 11 & 12, 2000 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new Comprehensive Plan for the City of Denton on December 7, 1999, and superceding the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to the location and intensity of retail and commercial land uses; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of nonresidential developments are likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City of Denton has enacted Ordinance 99-474 and Ordinance 2000-017, establishing and amending a moratorium pending the adoption of interim standards for applying the policies of the comprehensive plan for certain specified commercial development applications; and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact regulations defining the consistency between comprehensive plan proposals and development regulations; and WHEREAS, public hearings were held on January 12, 2000, by the Planning and Zoning Commission and on January 18, 1999, by the City Council concerning the adoption of this ordinance; and WHEREAS, the City is desirous of allowing property owners to proceed with development applications for nonresidential uses pending the adoption of permanent revisions to the Land Development Code, subject to interim standards that safeguard the health, safety and general welfare of the community; and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: Section I. Interim Development Regulations. The following provisions hereby are incorporated as interim development standards pending the adoption of permanent revisions to the City's Code of Ordinances that implement the policies, goals and strategies contained in the adopted Comprehensive Plan concerning nonresidential land uses. Pending adoption of such permanent revisions, these interim development regulations shall supersede conflicting provisions of the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning, and shall read as follows: SECTION A. GENERAL PROVISIONS 1. Intent and Purposes. It is the intent and purpose of these regulations: ao to facilitate proper and detailed evaluation of nonresidential zoning and rezoning applications within city limits in order to render such applications consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; bo to facilitate proper and detailed evaluation of nonresidential preliminary and final plat applications within city limits in order to render such applications, to the extent allowed by law, consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; Co to permit property owners to submit applications for nonresidential development during such interim period, in order to receive preliminary or final approval from the City for such projects, subject to limitations herein set forth; and to integrate the limitations and standards herein imposed with the City's existing development regulations governing retail and commercial land uses during the 4. e pendency of this ordinance. Applicability. These interim regulations apply to the following types of nonresidentialdevelopment applications. Requirements of this ordinance vary according to the type of application submitted for approval: Standards for zoning plans and project plans apply to the following types of development applications and must be satisfied prior to approval of such applications. Standards for zoning plans and project plans apply to the following types of development applications. Standards for zoning plans must be satisfied prior to approval of such applications. Standards for project plans may be satisfied at the same time or may be deferred, with City Council approval, for satisfaction at a later time, but no later than prior to or contemporaneous with preliminary plat approval: (1) an application to amend the City's zoning map to a nonresidential zoning district classification provided for in the existing City Code of Ordinances, including a Planned Development District containing nonresidential land use classifications; (2) an application to amend a Concept Plan or Development Plan containing nonresidential land use classifications in an existing Planned Development District, (3) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, where the proposed changes to the detailed plan involve land use, lot size, lot dimensions, lot coverage, or building size; or (4) an application to approve a zoning application proposing nonresidential land use classifications accompanying an annexation agreement; Standards for project plans apply to the following types of development applications and must be satisfied prior to approval of such applications: (1) an application to approve a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes to such Concept plan or Development plan; (2) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes that involve land use, lot size, lot dimensions, lot coverage, or building size; or (3) an application to approve development on undeveloped land involving an existing nonresidential zoning district; or (4) an application to replat land within an existing nonresidential zoning district, that increases the intensity of proposed land uses, through increases in building size, lot coverage, or traffic generation. All new and pending nonresidential Planned Development Detailed Plan, preliminary plat or final plat applications that are not required to submit a Zoning Plan as per Section A.2.a., shall be evaluated for Comprehensive Plan Consistency, subject to the standards and limitations as herein set forth. Any application to amend a Concept Plan, Development Plan or Detailed Plan in a Planned Development District(s) must include all contiguous, undeveloped land in unified ownership within such District(s), and all such land is subject to the requirements of this ordinance. Exemptions. This ordinance docs not apply to: a. any nonresidential development application accepted for filing prior to December 15, 1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred on or after April 7, 1998; or b. any final plat that has been approved. Duration. This ordinance shall remain in effect until such time as the City enacts its Development Code, as reflected in Section 1.2.a, to implement the policies, goals and strategies concerning nonresidential land uses and related growth management objectives set forth in the newly adopted Comprehensive Plan. Effect on Other Regulations. It is the intent of this ordinance that the standards set forth herein supercede any conflicting standards under existing dcv¢lopmcnt regulations that apply to the development application. It is the further intent of this ordinance that provisions of existing development regulations not in conflict with provisions of this ordinance remain in effect and that such provisions apply with full force and effect to the development authorized under this ordinance. SECTION B. DEFINITIONS. For purposes of this ordinance, the following terms are defined to mean: Accepted for filing means the status of a nonresidential development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. Ci~ means the City of Denton, Texas. Community Activin_ Center means the area defined and described in the Ci~_ qfDenton Comprehensive Plan. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development application means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for nonresidential uses: zonings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary and final plats. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Downtown University Core District means the area defined and described in the Ci~_ of Denton Comprehensive Plan. DRC means the city's Development Review Committee. Environmentally Sensitive Areas (ESAs) means a feature of the landscape in its natural condition before any grading, excavation, filling or other man-made alteration, that is shown on the Ci~_ qfDenton Environmentally Sensitive Areas Map. These areas may include, but are not limited to, floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area, and topography that exceeds 7 % slope. Finalplat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. Floodplain means the area designated, as subject to flooding from the base flood (one-hundred- year flood) on the flood insurance rate map. The floodplain includes the floodway. Floodway means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one- hundred-year flood) discharge without cumulatively increasing the water surface elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. Floodway fringe means the area located within the floodplain and outside the floodway. Neighborhood Center means the area defined and described in the City of Denton Comprehensive Plan. Nonresidential, nonresidential goning district or nonresidential uses means any land use that is not a multi-family dwelling, two-family dwelling, one-family dwelling, attached, and one-family dwelling, detached uses. This definition includes all land uses listed in Section 35-77 of the City of Denton Code except all uses listed under "B. Primary Residential Uses' and "J. Agricultural Type Uses - Farm or Ranch." Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Prelimina~_ plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ordinances of the city are complied with. The term includes person, firm, corporation, partnership or agent, attorney-in-fact, manager or director, developer. Such term as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Regional Activity Center means the area defined and described in the City of Denton Comprehensive Plan. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zonin~ at~t~roval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan or detailed plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION C. ZONING PLANS 1. Zoning Plan Requirements. Every nonresidential development application identified in Section A.2.a shall be accompanied by a zoning plan. The zoning plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section; provided that all other standards applicable to the nonresidential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a zoning plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the zoning plan shall be incorporated as a part of the approval. A zoning plan shall contain the following: Project name, vicinity map, scale, north arrow, and date. A general layout of the development, showing the general configuration and location of proposed land uses for the property to be developed for nonresidential land use and any contiguous property in unified ownership. Any reservations or dedications proposed. Location of all Environmentally Sensitive Areas, including any field inspection information that provides more detail for clarification purposes, and an indication of any planned mitigation to changes to natural features. All open space to be preserved consistent with standards set forth in this ordinance. An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development. Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, or buffering and screening from adjacent uses. Zoning designations adjacent to the proposed development. The proposed method, connection, provider, and location of: (1) The proposed water system. (2) The proposed wastewater system. (3) The proposed method of drainage of the property. (4) The proposed method of erosion and sedimentation control. Location of drainage ways, environmentally sensitive areas, or public utility easements in and adjacent to the proposed development. 9. ko no Location and size of existing utilities along or within any easement. Limits of 100-year floodplain and floodway. A Traffic Impact Analysis shall be required for any proposed site development that can be reasonably expected to generate more than !,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. Vehicular linkages, if any, to adjacent properties in accordance with access management principles. Drainage Study. Water and Wastewater Demand Calculations. Location of existing utilities. Any other information deemed necessary by the Director to analyze the project. Standards Applicable to Zonine Plans. a. Nature of Standards The standards contained in this section governing zoning plans are minimum standards. These interim development regulations are not intended to limit the discretion of the City Council to deny a residential development application that achieves the minimum standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare. b. Comprehensive Plan Consistency Standards. O) Land Use Plan and Land Use Intensity. Zoning plans for nonresidential uses must demonstrate consistency with the standards set forth in the comprehensive plan, including the land use plan and district designations. (2) Environmentally Sensitive Areas. Environmentally Sensitive Areas (ESAs) shall be indicated on the Zoning Plan and preserved to the fullest extent possible. Zoning Plan applications shall indicate the extent to which ESAs have been preserved, alternatives that have been evaluated to avoid detrimental impacts, and proposed methods to mitigate disturbances deemed unavoidable. (3) Compatibility Standards. Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the area in which the project is located. (a) Masonry. If 50% of the structures located within 500 feet of the boundary of the project have at least 50% of all elevations (excluding windows and doors) comprised of qualified masonry 10. (4) products, then all structures within the project should have elevations comprised of no less than 75 % qualified masonry products. (b) Landscaping and Screening. Landscaping and screening shall be used to ensure compatibility with adjoining uses according to the following standards: (1) For existing single-family residential land uses adjacent to proposed nonresidential development: i. Minimum bufferyard width of 20 feet: ii. Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 2 for each canopy tree. (2) For existing multi-family residential land uses adjacent to proposed nonresidential development: i. Minimum bufferyard width of 15 feet: ii. Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 11/z for each canopy tree. (3) For existing nonresidential land uses considered to be lower in land use intensity adjacent to proposed nonresidential development considered to be higher in land use intensity: i. Minimum bufferyard width of 10 feet: ii. Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 1 for each canopy tree. Adequate Public Facilities (a) The land proposed for development must be served adequately by essential public facilities and services. No development application subject to these interim development regulations may be approved unless and until adequate public facilities exis~or provision has been made for water facilities, wastewater facilities, drainage facilities and transportation facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being developed or offsite. O) Proposed public improvements Shall confot~lll to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans. 13.. (2) The City may require the phasing of development or improvements in order to maintain current levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare. SECTION D. PROJECT PLANS 1. Project Plan Requirements. Every nonresidential development application identified in Section A.2.b and which is not exempt under Section A.3 shall be accompanied by a project plan. In addition, every development application identified in Section A.2.a which deferred satisfaction of project plan requirements at the time of approval of the zoning plan must receive project plan approval prior to or contemporaneous with preliminary plat approval. The project plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the residential development application, based upon the standards set forth in this section; provided that all other standards applicable to the residential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a project plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the project plan shall be incorporated as a part of the approval. A project plan shall contain the following: eo All of the information contained in a zoning plan. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways. Lot layout with dimensions for all lot lines and lot area. Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. Area calculations: (1) The total area in the development. (2) The gross floor area of all existing and proposed strucures. (3) Area and percentage of the total project area coverage by: i. Structures. ii. Streets, roads, and alleys. iii. Sidewalks. iv. Recreation areas. v. Landscaping. vi. The total area covered by tree canopy at maturity of the trees. 12. vii. Parking areas. Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of: (1) Water lines and diameters. (2) Sewers, manholes and cleanouts. (3) Storm drains and catch basins. (4) Fire hydrants. (5) Access, location, and screening of all dumpsters. (6) Location and size of all public utility easements. Location, size, and use of contemplated and existing public areas within the proposed development. A topographic map of the site at a two-foot contour interval. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. Use designations for all areas not covered by buildings, parking, or landscaping. Locations of all Environmentally Sensitive Areas including, but not limited to, any existing healthy trees of a caliber greater than six (6) inches, generally forested areas, and creeks, wetlands, 100 year floodplains, or ponds existing on the site. Indicate any planned mitigation to changes of a natural feature. A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings, and all calculations necessary to indicate compliance with Chapter 31 of the Code of Ordinances. The elevations, surface area in sq. ft., illumination type, height, and construction (material and style), and locations of all proposed signs for the development. The typical architectural elevations for all structures proposed on the property. All project plans shall indicate the material, color, texture, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling. Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater. Any other infotLiiation deemed necessary to analyze the project. e Project Plan Standards. Minimum Project Plan Standards The following minimum standards of project design shall be addressed in the project plan: (1) Underground Utilities - All developments must provide for underground utility installation, excepting electrical main sub-station feeders. (2) Interconnected streets - Where applicable, all streets must connect to other streets at both ends, or provide for the future connection when adjacent to und~wlop~d property. (3) Architecture - Architectural design should be appropriate for the use and location of the proposed land use. Building orientation should be toward 13. the street, with prominent major entrances designed to be attractive and functional also facing the street. Building scale should be compatible with nearby structures in terms of height, mass, and bulk. Mechanical equipment or storage areas should not be visible from the street. Facades should incorporate windows, offsets, jogs, or other distinctive changes to avoid visual monotony. Where appropriate, roofs, alcoves, porticoes, and/or awnings should be used for pedestrian climate protection. Building materials should be appropriate for the use and location of the development. (4) Garage door orientation and setbacks - Garage doors should not face any adjacent street frontages, except alleys. Where site limitations preclude the opportunity to orient garage doors away from the street, other design measures should be employed to screen or minimize visibility from public rights-of-way. (5) Access management principles should be employed to minimize traffic flow disruptions on collector and arterial streets. (6) Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street. (7) Pedestrian Circulation and Linkages - The Project Plan should provide safe and convenient pedestrian circulation appropriate to the proposed land use. Pedestrian linkages to adjacent properties should be facilitated in appropriate locations. (8) Parking Visibility - Parking areas should be screened from public rights- of-way to the extent possible. When visible from public rights-of-way, parking areas should be organized in smaller sub-lots to avoid lage, uninterrupted expanses of pavement. (9) Lighting - Lighting shall be designed in a manner that will not shine upward, minimizing the diffusion of light into the atmosphere, and shall not shine on adjacent properties. (10) Traffic calming devices - Approved traffic calming devices should incorporated into the street patterns where appropriate. (11) Fences - Fencing should be treated as a design element, and be visually appropriate for its proposed location. Attention should be paid to details such as use of qualified masonry products and design features as accent columns, articulation, or caps. If used along an arterial and collector streets, consideration should be given to openings in fences to provide visual entry into the project area. The use of berms is encouraged. (12) Landscaped area or art - Landscaped features such as fountains, gardens, or other features that enhance the project are encouraged. Art such as monuments or other sculptural objects that enhance the project may also be considered. Such elements should be visible and/or accessible to the public. (13) Transit facilities - the provision of bus turn-outs and covered seating areas for bus riders should be considered, depending on site location, levels of activity, and type of site visitation. 14. SECTION E. 1. COMPREHENSIVE PLAN CONSISTENCY Requirements. Every nonresidential development application identified in Section A.2.b or Section A.2.c, which does not require the submittal of a Zoning Plan pursuant to Section C, and which is not exempt under Section A.3, shall be subject to a separate evaluation of Comprehensive Plan Consistency. The Evaluation of Comprehensive Plan Consistency shall be the basis for detemdning whether a detailed plan, preliminary or final plat application processing should continue through regularly scheduled review procedures, or whether the preliminary or final plat should be referred to City Council for individual consideration. a. New Applications Prior to the filing a nonresidential development application consisting of a Planned Development Detailed Plan, preliminary plat, or final plat that is not subject to Section C - Zoning Plan requirements, a petition shall be submitted to the Director of Planning and Development requesting an evaluation of Comprehensive Plan Consistency. Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures. Upon making a finding of inconsistency, the Director shall place the application on the next available City Council agenda, whereupon the City Council shall determine if a rezoning petition will be initiated on behalf of the City. If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures. b. Pending Applications Pending Planned Development Detailed Plans, preliminary plats, or final plats that have been filed before the effective date of this ordinance, and are not subject to Section C - Zoning Plan requirements, must be evaluated for Comprehensive Plan Consistency before any further processing of the application is allowed. The Director of Planning and Development shall prepare an evaluation of Comprehensive Plan Consistency for each individual application within thirty (30) days of the effective date of this ordinance. Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures. Upon making a finding of inconsistency, the Director shall place the application on the next available City Council agenda. Thc City Attorney shall prepare a determination and advise the City Council of the status of vested rights with respect to the application. The City Council shall then determine if a rezoning petition will be initiated on behalf of the City. 15. If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures. SECTION F. PROCEDURES 1. Application requirements. No development application subject to these interim development regulations shall be approved without submission and approval of a zoning plan or a project plan, as provided herein, consistent with the standards in this ordinance. If the application is approved, the approved zoning plan or project plan shall be incorporated as an element of the approval. 2. Processing of and decision on plans. (a) Zoning Plans Zoning plans shall be processed and decided by the City Council in accordance with the same procedures designated in existing development regulations for processing and decision set forth in Section 35-7 of the City Code of Ordinances. (b) Project Plans Project plan applications may be submitted, reviewed, and decided by City Council concurrently with Zoning plan applications or as independently reviewed development applications. Review and decision on Project plan applications shall be made by City Council, upon notice to residents of property located within 500 feet of the Project plan property, in accordance with established Courtesy Notice procedures. (c) Comprehensive Plan Consistency Comprehensive Plan Consistency evaluations shall be conducted by the Planning and Development Department, and the Director of Planning and Development shall make an administrative determination of consistency in accordance with Section E. Should the Director make a determination that requires referral to City Council for further consideration due to Comprehensive Plan inconsistency, the City Council shall decide by simple majority whether to allow the development application to continue the review process as regularly scheduled, or whether to initiate a petition amending the zoning for the subject property determined to be inconsistent. The City Council shall determine whether to approve, approve conditionally or deny the development application in accordance with the standards in these interim development regulations and comprehensive plan, pursuant to the discretion vested in it by state law and city charter. 16. 3. Decision on aoolication. e e The City Council shall determine whether to approve, approve conditionally or deny the development application based upon its decision on the zoning plan or project plan in accordance with the standards in these interim development regulations and pursuant to the discretion vested in it by state law and city charter. Project timing ao The property owner may elect to reserve portions of the property for future nonresidential development for development approval after the adoption of the City's Development Code. Such tracts shall be clearly indicated on the zoning plan. The City Council may modify or condition zoning plan approval on the reservation of portions of the proposed development until the City has adopted the Development Code that implements the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. bo The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. C° In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; , (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; 17. (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. Section II. Environmentally Sensitive Areas Map. The Environmentally Sensitive Areas Map, attached hereto to Exhibit A, is hereby incorporated into this ordinance, and shall be used to evaluate development applications as stipulated in all references to Environmentally Sensitive Areas. Section III. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held .18 o invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. Section IV. Recission of Moratorium Ordinance 99-474, adopted by the City Council on December 14, 1999, and Ordinance 2000- 017, adopted by City Council on January 4, 2000, shall be rescinded and repealed in their entirety on the effective date of this ordinance. Section V. Effective Date. This ordinance shall become effective upon the date of its passage and approval. Section VI. Savings Clause. Save and except provisions hereby amended or superseded, all remaining sections, sentences and paragraphs of the Code of Ordinances of the City of Denton shall .remain in full force and effect. PASSED AND APPROVED this the __ day of January, 2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: 19. EXHIBIT B AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING . · POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVER. ABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies relate~i:to commercial land use and growth management; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices; goals and strategies; and WHEREAS, it appears that substantial applications for approval of commercial developments is likely to occur in the intervening time period; and · 'WHEREAS, it further'appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purpose~ of the plan; and WHEREAS, the City Council finds that it is in the public interest to establish a moratorium on certain commercial development applications pending the development of criteria for detemfining c.o.nsistency with the adopted Comprehensive Plan. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Moratorium Established. (A) Except as otherwise provided herein, from and after the effective date of this ordinance and during the Moratorium Period as specified in Section 5 of this ordinance, no City employee, officer, agent, bureau, department or commission of the City shall accept for filing any commercial development application, nor take any action to process such application or any other conunercial development application previously filed before the effective date of this ordinance, including but not limited to acceptance of fees, review or evaluation of the applieation~, scheduling for public review or hearing, formul&tion of conditions or issuance of preliminary or final approvals of such applicat!ofis. · 21. In the event that an application for a commercial development application is submitted to the City, the application shall be returned, together with any proffered application fee, to the applicant with notification that the application will not be accepted for filing or further: processing for the duration of this.. Moratorium Ordinance. (c) Any action taken by any City employee, officer, agent, bureau, department or commission of the City to accept for filing or to further process a commercial development application after the effective date of this Ordinance is deemed void and of no effect. SECTION 2. Definitions. For purposes of this ordinance the following terms are de, fined to mean: ;: Accepted for filing means the status of a commercial development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. City means the City of Denton, Texas. Commercial development application means an application' for detailed plan, preliminary plat, or final plat approval for commercial uses..Commercial development application refers to the application fem,, together with all documents and exhibits required of the applicant by the City for .development review purposes. Commercial uses means any uses allowed by right or by special use permit under the Commercial District and General Retail District as Provided in Section 35-77 of the Code of Ordinances of the City including any planned development district that contains any such uses. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Final plat means a final plat as defined in SeCtion 34-11 and as pr6x~ided forin Section 34-15 of the Code of Ordinances of the City. 22. Page 2 of 5 planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminarg plat means a preliminary plat as defined in Section 34-11 and as . provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an owner as defined in Section 34-11 of the Code of Ordinances of the City. Rezoning means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City. ' . Zoning means an application for the first zoning classification and land:use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City. Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. 'SECTION 3. Relief From Moratorium. ' A. Relief requests The applicant may petition the City Council for relief from the moratorium by requesting such relief in writing. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the moratorium deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. o In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency criteria; (b) the suitability of the proposed commercial uses in light of land uses allowed in the 'zoning districts On property' adjacent to the proposed Site; . 23. Page 3 of 5 (c) the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; ' (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the Comprehensive Plan consistency criteria; (f) the total expenditures made in connection with the pr6/5Osed commercial development in reliance on prior regulations, inclu;:ling the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following actions: (a) deny the relief request; (b) grant the relief request; or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section. B. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivatio, n of a vested property fight. --- SECTION 4. Moratorium Period. The moratorium established by this ordinance shall commence on the effective date of this ordinance and expire on February 16, 2000. SECTION 5. preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 6. Severabili _ty. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applieation~, and to thi~ end the provi5iong of thig ordinance are severable. 24. Page 4 of 5 SECTION 7. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PXSSED AND APPROVED this the ~_~day of ~c~fi~]{~/q ,, i" ,1999. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: · HERBERT L. PROUTY, CITY ATTORNEY Page 5 of 5 ' \\CH-LGL\VOLI\SItARED\DEPT~LGL\Our Documo-)q\Ordinances\99\Moratorium-commercial exemptions amendment.doc EXHIBIT C ORDINANCE NO. ~7~)0- t/~/'7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE; PROVIDING FOR A SPECIFIC EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT APPLICATION MORATORIUM; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for the City of Denton on December 7, 1999, which supercedes the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of commercial developments is likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City Council adopted Ordinance No. 99-474 establishing a moratorium on certain commercial development applications pending the adoption of the interim regulations; and WHEREAS, the City Council finds that it is in the public interest to amend such ordinance to allow exemptions for certain connnercial uses as defined by the ordinance and for a specific exemption for public projects; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON ttEREBY ORDAINS: SECTION 1. Ordinance No. 99-474 is hereby amended by adding the following provisions. Exemptions. The moratorium established by Ordinance No. 99-474 shall not apply to the following types of development applications: ~ : 26. ' \\CH-LGL\VOLl~shared\dept\LGL\Our Documents\Ordinances\99\Moratorium-commercial exemptions amendment.doc (A) a commercial development application for commercial uses as listed in Exhibit A which is attached hereto and incorporated by reference as if set out word for word; (B) a commercial development application for a public project. A public proiect is defined for the purposes of this ordinance as any project that is initiated for a governmental entity. This includes but is not limited to federal, state, county, municipal, school district or a subdivision of a school district, special districts allowed by state law, publicly owned utility, or any other governmental or quasi-governmental authority. SECTION 2. Preamble Findings. The findings and recitations contained in the preamble of this ordinance are substantive and are hereby incorporated into the body of this ordinance. SECTION 3. Saving. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance No. 99-474, but all the provisions of Ordinance No. 99- 474 not in conflict With this ordinance shall continue in full force and effect. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Attachment. That a copy of this ordinance shall be attached to Ordinance No. 99-474 showing the amendment herein approved. SECTION 6. Effective Date. This ordinance shall become effective immediately upon the date of its passage and approval. PASSED AND APPROVED this the ' ' day of ,2000. JAC~ILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY 27. EXHIBIT A Tile following specific uses (bold letters) which are listed in Section 35-77 of the Code of Ordinances, City of Denton, Texas are exempted form the moratorium created by Ordinance 99-474. · PRIMARY RESIDENTIAL USES ONE FAMILY DWELLING RESTRICTED · EDUCATIONAL, INSTITUTIONAL & SPECIAL USES ART GALLERY OR MUSEUM CEMETERY OR MAUSOLEUM CHURCH OR RECTORY COLLEGE, UNIVERSITY OR PRIVATE SCHOOL COMMUNITY CENTER (PUBLIC) DAY NURSERY OR KINDERGARTEN SCHOOL HOSPITAL (GENERAL ACUTE CARE) INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE LIBRARY (PUBLIC) MONASTERY OR CONVENT PARK, PLAYGROUND OR PUBLIC COMM. CENTER SCHOOL, PRIVATE PRIMARY OR SECONDARY SCHOOL, PUBLIC OR DENOMINATIONAL SCHOOL, BUSINESS OR TRADE · UTILITY, ACCESSORY AND INCIDENTAL USES PUBLIC BUILDING, SllOP, YARI} OR LOCAL, STATE, OR FEDERAL GOVERNMENT SWIMMING POOL (PRIVATE) · RECREATIONAL AND ENTERTAINMENT USES GOLF COURSE (PUBLIC) PARK OR PLAYGROUND (PUBLIC) PLAY FIELD OR STADIUM (PUBLIC) · AGRICULTURAL TYPE USES FARM OR RANCH \\CI-I-LGL~VOLI\SHARED\DEPTxLGL\Our Doct~mcnts\Ordinanccs\~o\Mm'atorium'c°mmer¢ial amendment exhibit A.do¢ 28. EXHIBIT D Pending Nonresidential Detailed Plan, Preliminary Plat and Final Plat Applications Subject to Interim Regulations Detailed Plans Z-99-080 Braums Dairy Store Potentially Inconsistent University Drive at Bell Avenue Z-99-088 DISD Las Flores School Audra Lane at Paisley Street Consistent Z-99-096 Ryan Teasley Potentially Inconsistent Teasley Lane at Ryan Road Preliminary Plats PP-99-147 RNWAddition Potentially Inconsistent Teasley Lane at Teasley Lane 29.