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HomeMy WebLinkAboutApril 04, 2011 AgendaAGENDA CITY OF DENTON CITY COUNCIL April 4, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Monday, April 4, 2011 at 11:30 a.m. in the Council Work Session Room, 215 E. McKinney Street, Denton, Texas at which the following item 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. Receive a report and hold a discussion regarding revisions to the Denton Property Maintenance Code. Following the completion of the Special Called Work Session, the City Council will convene in a Closed Meeting to consider specific items when these items are listed below under the Closed Meeting section of this agenda. 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. CLOSED MEETING Closed Meeting: A. Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive a status report from the City's attorneys regarding Denton's proposed response to the U.S. Department of Justice letter of January 28, 2011 regarding Denton's alleged violations of the Texas Pollutant Discharge Elimination System (TPDES) Permit requirements and the Clean Water Act; discuss, deliberate and provide Staff with direction regarding same. Consultation with the City's attorneys regarding legal issues associated with the matter referenced hereinabove, where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City Council under the Texas Rules of Disciplinary Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceedings or potential litigation. City of Denton City Council Agenda April 4, 2010 Page 2 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 2011 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON 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: April 5, 2011 DEPARTMENT: Planning and Development Department (Code Enforcement Division) ACM: Fred Greene SUBJECT Receive a report and hold a discussion regarding revisions to the Denton Property Maintenance Code. BACKGROUND On May 11, 2010 the City Council passed the latest revisions to the Denton Property Maintenance Code (DPMC). Following previously established procedure, the Code Enforcement Division maintained a list of any enforcement concerns or ordinance errors in anticipation of reconvening with the Citizens and Council Code Committees to discuss said issues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) A joint Citizens and Council Committee meeting was held on January 20, 2011. Four of the five ordinance revisions presented were approved unanimously by the committee members. The fifth ordinance revision, outside storage, was sent back to staff with a request to simplify the language and abbreviate the length. The outside storage language provided to Council today has been agreed upon by staff, i.e. Legal, Planning, and Code Enforcement. EXHIBITS Recommended DPMC Changes Revised Outside Storage Ordinance Respectfully submitted: Mark A. Cunningham, AICP, CPM Director, Planning and Development Prepared by: (4cwi Y - &01~ Lancine Bentley Code Enforcement Division Manager Recommended DPMC Changes Change the "accessory structures" definition currently in the DPMC that reads: Accessot3- building or structure preans a strrtctra°e on the sapre lotlrith, and of a size and nature crtstoprarily incidental and subordinate to, the principal strrrctrtre. Exaprples of accessor y ste rtctr°es inchtde, but are not liprited to, the folloiring: detached garages - Formatted: Strikethrough mrcatports; storage structures; barns; fi°eestandinggreenhouses; siriprpringpools; pool houses; tennis courts; satellite dish anklinas; fr°eestanding irorkshops; gazebos; radio fi°egnency (RF) or pricroirave antenna structures trotattached to the principal structure; paved areas other than drivelrciys and irrallrrrciys; and peripreter fencing or iralls" to match the new definition in the DDC. The new DDC definition reads: Structure, Accessory: any structure on the same lot with, and is incidental and subordinate to the principal structure. Flatwork-, in-ground swimming pools and fences or walls aced as fences are excluded. 2. Eliminate language requiring citizens to request a hearing for JVs in 17-35 (c), i.e. "and that a r-equest for- a hearing must be made before ekpir-atiHn Hf the ten day A public hearing is now required [(d) .4 public hearing shall be held before the reproval of the vehicle orvehick part cis a public nuisance] and does not need to be requested. Delete (k), i.e. pr-Hi4s from 17-40 (Grass, Weeds, and Other Vegetation). 17-40 (k) conflicts with 17- 40 (a). 17-40 (a) reads: "It shall be unknifztl foranyperson oilnring, claipring, occupying or having srtpervision or come°ol of airy real property, occupied or ztnoccztpied, 11-ithin the corporate limits of the city to fail to reprove or tpoir arty creeds or grass groiring in excess of 12 inches in height on said real properti", including easeprents and rights-of-iruy. i ~It is a violation of this section if the tall grass and creeds are visible fi-mill a right-of= Irciy or mr adjacent property." 17-40 (a) requires that grass and weeds on all lots, including undeveloped lots, be maintained at 12" or less. Previously 17-40 (k) referred to "understory vegetation" and was intended to protect shrubs, saplings and vines from required mowing on undeveloped lots. Shrubs, saplings and vines on undeveloped lots are adequately protected in 17-40 (a) as 17-40 (a) only requires mowing of grass and weeds. Delete "housing " and replace with "structures" in 17-153 Exterior structure and 17- 154 Interior structure. The following lead-based paint regulation in 17-153 (a) and in 17-154 (b): Pre-1978 housing units undergoing paint reproval or stabilization pray be srtbject to safe i rork practices...... " This regulation should not only apply to housing units but also to commercial structures as well as to housing units which have been converted to a commercial structure or use. ReNyrite the definitions of "structure" and "outside storage" (17-2), and the "outside storage" regulations (17-60) to clarify the intent to regulate the storage of items in public view except for those items designed for outdoor use. Clarify the protections for certain items stored outside in public view. See attached. Recommended Clarifications to the Outside Storage Ordinance Sec. 17-2. Definitions Owside storage means the stof _ ot,*id° ' ' k4s 4e-+W;_ storages colleetiolL or safekeepin< of anv <-Toods+ materials+ products. appliances. equipment+ or containers that is not enclosed 11v a structure with walls on all four (4) sides and a roof. So-tictilre means ' _ - - Formatted: Tab stops: Not at 0" + 0.5" + an edifice of 1.06° + 1.5° faftial S~, , a11v hind or aliv piece of work altifrcialhv built up or composed of parts Joined to,-,ether which requires location on_ in_ or above the ground or which is attached to something having a location oll_. in or above the -Tround+ Flatwork or ill-'round swnmllm"T pools are eSclllded. a Formatted: Font color: Black Formatted: Left ARTICLE VI. OUTSIDE STORAGE AND OUTSIDE DISPLAY Sec. 17-60. Outside storage. 1+ lit addition to complying with Environmental Protection Agency regulations, the International Fire Code, and all other applicable rules and regulations, outside storage shall comply with the following: - (a) Shall e e * Formatted: List Paragraph, Space After: 6 pt, Outline numbered + Level: 1 + Numbering Style: a, b, c, + Start at: 1 + Alignment: Left Shall not be located in any portion of the front N-ard_ and shall be + Aligned at: 0.5" + Indent at: 0.75", Tab screened from public view at all tlllles. Screellnh shall be of Natural ye,etatlonL stops: 0.63", Left + Not at 0" + 0.5" + 1.06" masom-v_ wood+ metal. vinyl, PVC. or composite fence materials on1v+ and shall be + Maintained m a state of good repair at all tlllles. At no time shall a tarp of any kind lie used for screellm'. Formatted: Font: 12 pt (1) .4441 a FL2H.dL2+4;a! shall be (b) Formatted: List Paragraph, Indent: Left: 0.5", er: 6 pt, Tab stops: 1 an:bo"-"-- * Properties zoned IC-E or IC Gr and all industrial rises that are 0.6 Han3", ging: Left0+.25,Notat 0Space.5Aft" l le<all' permitted are exempted from the reciullements of puagraph (a) of this Section, provided that no items are stored ill aliv part of a fire lane. required parking space. maneuvering hire, public right-of-wav_ or visibility tRa111le. Formatted: Font color: Black (c) tedI +,-apj „++I,;., Q-,;,,,, Formatted: Font: (Default) Times New Roman, Not Bold Formatted: No bullets or numberina a) Storage. collection. or salekeel)ing in a residential Carport of: i. Building materials that are temporarily stored in a workmanlike manner as Dart of. and in Conjunction with. an active building 1)ennit ii. Motorized lawn equipment iii. Storage Contanlefs if Stored and maintained in all on er P mamler against a permanent wall or iv. Household and van] tools. and household cleaning implements. if stored and maintained in an orderhv Mamier against a permanent wall using pegboards. shelves. hooks. storage containers. or tool chests. b) A washer or diver which is comiected and regularhv used 11v the occupants of a residential dwelling, where the only washer or dfver comiection is located under a carport or breezewav. c) Furniture designed for outdoor use. d) Firewood stored and maintained in an orderhv mamler. e) Smokers. barbegue grills. lawn Maintenance equipment appliances designed for outdoor use, and children's play equipment in current use.