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HomeMy WebLinkAboutSeptember 13, 2011 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 13, 2011 After determining that a quorum is present, the City Council of the City of Denton, Texas will nd 3:00 p.m. convene in 2 Tuesday Session on Tuesday, September 13, 2011 at in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: nd NOTE: A 2 Tuesday 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, nd City Council deliberation and formal City action. At a 2 Tuesday 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 nd session is being closed to public input. Although 2 Tuesday 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. 1. Receive a report, hold a discussion, and give staff direction on the FY 2011-12 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. 2. Receive a report, hold a discussion and give staff direction regarding drafting a new Planned Development (PD) ordinance for inclusion within the Denton Development Code (DDC), with associated development standards. The discussion will include a general overview of the outline of the draft PD Ordinance that will be included in the DDC. 3. Receive a report, hold a discussion and give staff direction regarding the Aesthetic Study that the Texas Department of Transportation (TxDOT) is preparing for the IH-35 expansion project. 4. Receive a report, hold a discussion, and give staff direction regarding the status of the routing of the Northeast Electric Transmission Line Re-Build Project in the City of Denton. nd Following the completion of the 2 Tuesday 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 City of Denton City Council Agenda September 13, 2011 Page 2 1.Closed Meeting: A.Deliberations Regarding Certain Public Power Utilities: Competitive Matters – Under Texas Government Code Section 551.086. 1. Receive competitive public power information from staff in the form of a proposed operating budget for Denton Municipal Electric (“DME”) for the upcoming fiscal year, including without limitation, revenues, expenses, commodity volumes, and commitments, and the direction of DME; and discuss, deliberate, consider adoption of the budget and other matters, and provide staff with direction regarding such matters. B.Deliberations regarding Real Property – Under Texas Government Code, Section 551.072; Consultation with Attorneys – Under Texas Government Code, Section 551.071. 1.Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or condemnation of tracts of real property pertaining to the routing of the Northeast Electric Transmission Line Re-Build Project in the City of Denton, Denton County, Texas; and consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duties of the City’s attorneys to the Denton 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. 2.Discuss, deliberate, and receive information from Staff and provide Staff with direction pertaining to the acquisition or the condemnation of fee simple tracts, permanent drainage easement tracts and temporary construction easement tracts for the Mayhill Road Widening and Improvements project, affecting real property tracts in the D. Hough Survey, Abstract No. 646, the M.E.P. & P.R.R. Surveys, Abstract Nos. 927and 950, the D. Lambert Survey, Abstract No. 784, the G. Walker Survey, Abstract 1330, and the J. Brandon Survey, Abstract No. 1515, in the City and County of Denton, Texas. Consultation with the City’s attorneys regarding legal issues associated with the acquisition or condemnation of the tracts referenced above where a public discussion of these legal matters would conflict with the duty of the City’s attorneys to the Denton City Council and the City of Denton, Texas 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. C.Consultation with Attorneys – Under Texas Government Code Section 551.071. City of Denton City Council Agenda September 13, 2011 Page 3 1.Consult with, and provide direction to, City’s attorneys on legal rights, restrictions, obligations, and issues associated with the proposed annexation of DH-12, where a public discussion of such legal matters would conflict with the duty of the City’s attorneys to the City of Denton, Texas under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, and where such matters may become an issue in potential litigation. C E R T I F I C A T E 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 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: September 13, 2011 DEPARTMENT: Finance ACM: Jon Fortune ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion, and give staff direction on the FY 2011-12 Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND The FY 2011-12 City Council on July 29. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session on August 4, 2011. The Proposed Budget was discussed again on August 9, August 16, and September 6. In addition, a public hearing was also conducted on September 6 to solicit citizen feedback. Proposed Budget Revisions Since the Proposed Budget was presented at the end of July, changes have been recommended by the City Council. Below is a summary of the changes that we are planning to incorporate into the final version of the budget that will be presented to the City Council for consideration on September 20. General Fund Due to an increase in the sales tax forecast, staff increased the level of funding for Council initiatives from the proposed amount of $192,616 to $333,676. As discussed during the August 16 meeting, these funds can be used for additional street maintenance, the implementation of the bike plan, additional traffic signals, Denton County Transportation Authority (DCTA) downtown shuttle operating costs, or any other City Council priority. However, since exact cost information on these programs is not yet available, staff was directed to include these funds in the non-departmental budget for the General Fund. Once additional details are known, staff will bring these items back to the City Council for their consideration at that time. Additionally, the City Council has directed staff to increase the level of funding for street -12 Proposed Budget, 25% of the growth in franchise fees compared to the FY 2010-11 budget amount was recommended to be transferred to the Street Improvement Fund. As discussed on August 16, the City Council has directed staff to transfer 100% of the growth in franchise fees (compared to the FY 2010-11 budget) to the Street Improvement Fund. For FY 2011-12, this will reduce General Fund Agenda Information Sheet September 13, 2011 Page 2 franchise fee revenue by $439,827 and increase street maintenance funding by the same amount in the Street Improvement Fund. Further, since the level of expenditures in the Street Improvement Fund is being increased, the General Fund will be required to transfer additional one-time resources to establish a fund balance equivalent to 15% of expenditures in the Street Improvement Fund. Accordingly, the General Fund will increase the one-time transfer of funds from the proposed amount of $855,805 to $921,779, a difference of $65,974. In the General Fund, the expenditure budget for FY 2011-12 will be increased from the original proposed amount of $88,255,716 to $88,462,750. Due to various changes outlined above, the General Fund revenue budget for FY 2011-12 will also decrease from the proposed amount of $87,171,622 to $86,872,855 (excluding use of reserves). The below table indicates the changes that are being incorporated. FY 2011-12 Revenue Budget $87,171,622 Increase sales tax revenues $141,060 Decrease franchise fee revenue share for General Fund ($439,827) Use of Reserves ($1,084,094 in Proposed Budget) $1,589,895 Total Revised FY 2011-12 Proposed Revenue Budget $88,462,750 Proposed FY 2011-12 Expenditure Budget $88,255,716 Increase in Council Initiatives $141,060 Increase in one-time transfer to Street Improvement Fund $65,974 Total Revised FY 2011-12 Proposed Expenditure Budget $88,462,750 The long-term impact of these changes is shown in the updated General Fund Five Year Forecast that is attached as Exhibit 1. In addition, the following changes have also been made based on City Council direction received during the August 16 budget discussion: Street Improvement Fund: -12 Revenue Budget $6,561,171 Increased franchise fee revenues $439,827 Increase in one-time transfer from the General Fund $65,974 Total Revised FY 2011-12 Proposed Revenue Budget $7,066,972 -12 Expenditure Budget $5,705,366 Increased street maintenance funding $439,827 Total Revised FY 2011-12 Proposed Expenditure Budget $6,145,193 Agenda Information Sheet September 13, 2011 Page 3 Non-Airport Gas Well Fund: 2011-12 Expenditure Budget $600,000 Increased expenses for potential property purchase $1,000,000 Total Revised FY 2011-12 Proposed Expenditure Budget $1,600,000 Finally, the Tourist and Convention Fund expenditure budget was increased from $1,315,060 to $1,315,360 to correct an error in the Denton Holiday Festival Association budget. All of the above changes are reflected in the attached Budget Resource and Expenditure Summary (Exhibit 2). In summary, the total revised City of Denton budget is recommended to increase by $1,647,161 to $587,028,209 Proposed Budget of $585,381,048. The revised budget and tax rate will be presented for adoption to the City Council on September 20. During the September 6 Budget Work Session, the City Council also requested an update on planned compensation adjustments for area governmental organizations. Accordingly, staff surveyed area organizations, and attached as Exhibit 3 is an updated summary of the planned compensation adjustments (if any) that we have been able to compile. The purpose of this agenda item is to provide the City Council with the above described information concerning the Proposed Budget and allow an additional opportunity for questions and dialogue. Following this discussion, the final tax rate and budget related ordinances will be on on September 20. I look forward to discussing the budget materials in detail with you. If you have any questions, or need additional information, please let me know. EXHIBITS Exhibit 1 Revised FY 2011-12 General Fund Five Year Forecast Exhibit 2 Revised FY 2011-12 Budget Resources and Expenditure Summary Exhibit 3 Updated Compensation Summary Respectfully Submitted By: Bryan Langley Chief Financial Officer BUDGET RESOURCE & EXPENDITURE SUMMARY 2011-12 2009-102010-112010-112011-12 RESOURCES ACTUALBUDGETESTIMATE PROPOSED General Fund $ 87,026,944$ 90,016,715$ 90,023,923$ 88,462,750 General Debt Service Fund 18,942,345 31,671,393 31,226,285 39,575,035 Electric Fund 119,358,621 147,469,327 128,336,075 142,027,668 Water Fund 39,635,610 38,952,688 36,269,028 38,740,430 Wastewater Fund 22,201,726 25,071,396 23,411,715 25,105,047 Solid Waste Fund 18,708,315 21,128,866 20,904,248 23,073,303 (1) Airport Fund 4,679,350 3,769,658 2,820,316 2,170,000 Technology Services Fund 7,220,730 6,806,317 6,757,593 8,025,502 Materials Management Fund 6,638,509 11,218,474 8,748,781 6,102,754 Fleet Management Fund 8,481,922 10,122,835 8,812,944 13,277,347 Risk Retention Fund 2,733,860 2,890,724 2,839,520 2,731,038 Health Insurance Fund 19,635,718 17,958,217 17,055,382 18,524,862 Street Improvement Fund - - - 7,066,972 Recreation Fund 1,243,667 1,623,499 1,623,499 1,605,351 Tourist & Convention Fund 1,302,617 1,314,246 1,432,454 1,461,103 Police Confiscation Fund 106,382 193,000 157,256 216,748 Traffic Safety Fund 376,063 385,000 382,000 385,000 Non-Airport Gas Well Fund 1,805,046 392,900 392,900 1,600,000 Parks Gas Well Fund 1,639,036 365,800 315,930 350,000 (2) Miscellaneous Funds 904,495 1,403,546 1,110,700 968,049 TOTAL OPERATING RESOURCES$ 362,640,956$ 412,754,601$ 382,620,549$ 421,468,959 Grant Program 4,919,125 11,297,317 6,491,889 7,074,219 Capital Improvements Program 51,923,305 178,323,947 47,418,936 162,714,356 TOTAL RESOURCES$ 419,483,386$ 602,375,865$ 436,531,374$ 591,257,534 2009-102010-112010-112011-12 EXPENDITURESACTUALBUDGETESTIMATE PROPOSED General Fund $ 87,026,944$ 90,016,715$ 88,554,789$ 88,462,750 General Debt Service Fund 18,002,099 31,283,177 31,149,833 39,075,952 Electric Fund 115,764,413 144,397,734 123,135,453 140,391,103 Water Fund 39,635,610 38,952,688 35,826,925 38,740,430 Wastewater Fund 22,201,726 25,071,396 23,411,715 24,801,568 Solid Waste Fund 18,708,315 21,128,866 20,615,371 22,904,336 (1) Airport Fund 2,985,269 3,600,657 1,019,087 1,669,896 Technology Services Fund 5,588,508 6,806,317 6,757,593 8,025,502 Materials Management Fund 6,353,456 11,218,474 8,665,622 6,102,754 Fleet Management Fund 8,481,922 10,039,246 8,723,156 13,269,934 Risk Retention Fund 2,058,396 2,581,617 2,535,485 2,731,038 Health Insurance Fund 17,045,685 17,958,217 17,616,537 18,524,862 Street Improvement Fund - - - 6,145,193 Recreation Fund 1,099,253 1,623,499 1,623,499 1,605,351 Tourist & Convention Fund 1,125,801 1,314,246 1,314,246 1,315,360 Police Confiscation Fund 92,904 193,000 137,084 207,000 Traffic Safety Fund 376,063 377,640 371,000 377,000 Non-Airport Gas Wells Fund 1,805,046 392,900 392,900 1,600,000 Parks Gas Well Fund 1,350,000 350,000 297,000 350,000 (2) Miscellaneous Funds 774,731 1,401,046 762,922 939,605 TOTAL OPERATING EXPENDITURES$ 350,476,140$ 408,707,435$ 372,910,217$ 417,239,634 Grant Program 4,919,125 11,297,317 6,491,889 7,074,219 Capital Improvements Program 51,923,305 178,323,947 47,418,936 162,714,356 TOTAL EXPENDITURES$ 407,318,570$ 598,328,699$ 426,821,042$ 587,028,209 (1) The Airport Fund, formally known as the Airport Gas Well Fund, (2) Miscellaneous Funds include the Tree Mitigation Fund, Public Edu Tax Increment Financing Fund, Miscellaneous Special Revenue Fund Trust Fund. CityofDenton PayIncreaseSurveyforNonCivilServiceEmployees FY09/10throughProposedFY11/12 Asof9/9/2011 ActualAverage ProposedAverageActualAverageIncreasesfor CityIncreasesforFY IncreasesforFY11/12FY09/10 10/11 Addison1%meritbasedlumpsum00 Arlington4%lumpsum00 Carrollton1.5%averagelumpsum$200lumpsum0 salaryreductionand DallasRestoring3mandatoryleavedaysissued64hours5updaidfurloughdays mandatoryleave Euless3.25%acrosstheboard00 limited;512%paylimited;6.55%8.83%payplan FlowerMound2%merit planshiftshift 8furloughdays FortWorth3%acrosstheboard0(approximately3%pay reduction) Frisco3%meritbasedlumpsum03%lumpsum03%merit Garland0reinstated1.15%reducedpayby1.15% GrandPrairie3%merit$1,500lumpsum$1,500lumpsum 1%marketadjustment(payplanshift Grapevine01%merit withpassthroughtoemployees) lessthan1%payplanshift Irving03.5%merit plus3.5%merit 1.5%payplanshift(nopassthroughto employeesunlesstheyareatthe1%payplanshiftplus1%payplanshiftplus1% Lewisville* bottomofthepayrange)plus1.5%1%meritmerit merit 2%acrosstheboardwithaminimumof McKinney*00 $1,000andamaximumof$2,000 4%basepayincreaseforemployees whoseactualsalaryisbelow$36,400.If a¦;©­š“x­salaryisclosetothat Mesquite*number,theywouldreceivethe003%merit appropriatepercentageincreaseto reach$36,400(nottoexceeda4% increase) Page1of3 CityofDenton PayIncreaseSurveyforNonCivilServiceEmployees FY09/10throughProposedFY11/12 Asof9/9/2011 ActualAverage ProposedAverageActualAverageIncreasesfor CityIncreasesforFY IncreasesforFY11/12FY09/10 10/11 Fundingequivalentto2%meritincrease NorthRichlandHillsandmarketbasedpayrangeadjustment02%merit issetasideforconsideration Plano2%acrosstheboardincrease00 Discussingadditionof2%stepsatthe 2.55%step endofeachpayrange;thosetoppedfor Richardson*increase,depending0 morethanoneyearwouldthenbe onmerit eligibleforanincreaseuptothat2% Average3.9%retroactivetoJuly1, 2011: 1.4%onetimecostof Southlake*˜5%DPS0 livingadjustment ˜4%NonExempt ˜2%Exempt DentonCounty*2%acrosstheboard00 Page2of3 CityofDenton PayIncreaseSurveyforNonCivilServiceEmployees FY09/10throughProposedFY11/12 Asof9/9/2011 ActualAverage ProposedAverageActualAverageIncreasesfor CityIncreasesforFY IncreasesforFY11/12FY09/10 10/11 Forthe20092010school year,theBoardofTrustees approvedthefollowingfor exemptandnonexempt employees: ˜3%adjustmenttothe 20082009structure midpointsforallPaygrades ˜3%minimumincreaseto the20092010adjusted DentonISD*00midpointforall paraprofessionaland operationsemployees ˜2.5%minimumincreaseto the20092010adjusted midpointforExemptPay Grades14 ˜2.0%minimumincreaseto the20092010adjusted midpointforExemptPay Grades59 Denton2%averagemerit02%meritbasedlumpsum *RevisedfromAugust16thinformationprovidedtoCityCouncil. Page3of3 AGENDA INFORMATION SHEET AGENDA DATE: September 13, 2011 DEPARTMENT: Planning & Development ACM: Fred Greene SUBJECT (DCA11-0005) Receive a report, hold a discussion and give staff direction regarding drafting a new Planned Development (PD) ordinance for inclusion within the Denton Development Code (DDC), with associated development standards. The discussion will include a general overview of the outline of the draft PD Ordinance that will be included in the DDC. BACKGROUND Planned Development (PD) regulations were approved between the adoption of the 1966 and 1969 Zoning Ordinances. Within Article IV of the 1969 Zoning Ordinance (Exhibit 1), PD Districts were authorized if certain minimum standards such as minimum acreages for proposed uses and site plan standards were met. Additionally, each adopted PD district became an amendment to the Zoning Ordinance itself via appendices and was designated with a specific number within the Ordinance and on the official City of Denton Zoning Map. In 1969 there were five (5) PD districts listed with in the Zoning Ordinance and identified on the official zoning map. In 2002 the City adopted the Denton Development Code (DDC) and initiated a city-wide rezoning which eliminated the option to create new PD districts. Several reasons for discontinuance of the PD district and process at the time of the DDC adoption include: 1.Below par guidelines within the PD district and the disparity in guidelines from PD to PD which caused difficulty with interpretation and enforcement at the time of development; 2.Many PDs did not have timelines for development and over time, uses proposed within the district were no longer compatible with adjacent districts, infrastructure serving the proposed uses and future land uses at the actual time of the development were below par but vested; 3.The original purpose of PDs was to achieve higher standards of development than what was typical of conventional standards, but this was not necessarily achieved; 4.PDs became a means to circumvent conventional development code requirements; 5.Many PDs were not consistent Plan, the Denton Plan; and, 6.There was great difficultly tracking and administering all paper work and amendments, minor and major, as PDs were approved. 1 At the time of the adoption of the DDC in 2002, there were two hundred (200) PDs within the city limits; however, only fifteen (15) PD districts were retained and vested in the DDC as part of Section 35.1.5.B (Exhibit 2). To provide for some make-up for the elimination of PD opportunities, the DDC allows mixed-use zoning districts with the intent to allow some flexibility which PDs had typically provided within the former Zoning Ordinance. Granted, these mixed-use zoning districts still have limitations to the size of the proposed uses, location and site design parameters found in the Subdivision Regulations. In 2007, the City adopted the Master Plan Community (MPC) District, codified in Section 35.7.12 of the DDC. A MPC is a PD in application, and to date, four (4) MPCs have been approved: Hills of Denton; Hills of Denton, North; Inspiration (AKA Hunter Ranch); and Cole Ranch. Within the City of Denton, PDs and MPCs currently account for 25.21% (15,010 acres) and of the 59,533.34 acres. On March 1, 2011 via a work session, staff presented a report and held a discussion with the City Council that included a general overview of PDs, a brief history of PDs in Denton, effect of 2002 city-wide rezoning and the rescinding of previous PD districts. At the conclusion of the work session, the City Council directed staff to proceed with the drafting a new ordinance to establish a process and development standards governing PD districts for inclusion in the Denton Development Code. DISCUSSION: The following is a general overview of the outline of the draft PD Ordinance that will be included in the DDC. I.Planned Development District, Purpose The purpose of Planned Development (PD) zoning districts is to provide for the development of contiguous land as an integral unit for single or mixed uses in accordance with a plan that may vary from the established regulations of other conventional zoning districts within the DDC. Provision for PD districts is also meant to encourage flexibility under controlled conditions and to allow for creative planning with regards to design, building placement, and the inclusion of densities and intensities that also ensure compatibility of land uses. The PD zoning districts are further established to allow for the adjustment to changing demands to meet the current needs of the City; and to provide for a development model that is superior in attractiveness, quality, efficiency and effective use of land in its natural state when compared to what could be accomplished via traditional zoning districts. For these reasons, staff is recommending that all PDs be designed, constructed and maintained so that the following intents are achieved: A. general welfare; B.Produce developments that are designed in accordance with sound site planning principles and development techniques that properly relates to the immediate surrounding area, the planned mobility system, and other public facilities such as parks, schools, water and sewer systems, and other utilities; C.Produce a more creative approach in the utilization of land in order to accomplish an effective, highly aesthetic and desirable development which may be characterized by special features of the, topography, size or shape of a particular property, and to accomplish a more economical and efficient use of land; D.Encourage the establishment of planning and development standards tailored to the opportunities and constraints of the property intended to be developed, while allowing sufficient flexibility to permit final detailed planning and the precise distribution of the approved density and intensity of the project; and, E.Create viable economic development opportunities through a balance of land-uses and job creation that is financially beneficial to the development and surrounding community or area of influence. F.PD districts shall not be used as a tool to achieve a de facto use variance, nor shall they be used as means of circumventing the administration of the conventional zoning and development regulations that are established in this Chapter of the City of Denton Code of Ordinances. II.Planned Development Districts Staff recognizes that one type of PD district may not create adequate opportunities to achieve the intended purpose of establishing the district, or be practical for all scenarios where the facilitation of such district might be appropriate. Staff further recognizes that the location of PDs are not necessarily limited to undeveloped non-urban areas, and to be most effectively governed, recognizes the need to establish a minimum project size for PDs. Therefore, provisions are made for the following three (3) types of PD districts processed, reviewed, approved, constructed, and maintained in accordance with all applicable requirements. The following are the three (3) types of PD districts that are permissible: Planned Development, Small-Scale A.. Permitted on undeveloped or developed sites that are five (5) contiguous acres or greater but not to exceed fifteen (15) contiguous acres. This type of PD shall be designed, constructed and maintained in a single phase. Planned Development, Mid-Scale B.. A PD that provides a combination of land uses, which may include a variety of residential types, commercial, industrial, public and semi-public uses, arranged and designed in such a manner as to be properly related to each other on undeveloped or developed sites that are greater than fifteen (15) but less than one hundred and twenty five (125) contiguous acres. Planned Development C., Large-Scale (AKA Master-Planned Community). A PD that provides a combination of land uses, which may include a variety of residential types, commercial, industrial, public and semi-public uses, arranged and designed in such a manner as to be properly related to each other on undeveloped or developed sites that are one hundred and twenty five (125) contiguous acres or greater. III.Pre-Application Conference and PD Concept Plan Pre-Application Conferenc A.e. An applicant for a PD district is required to meet with the DRC and present a PD Concept Plan for the proposed PD district prior to submitting an official application for a PD Development Plan. The PD Concept Plan (both Narrative and Map) is an unofficial document, is non-binding, and shall not be considered a permit pursuant to §245.001 of the Texas Local Government Code (Tx.LGC). The purpose of the Pre-Application Conference and the PD Concept Plan is to achieve the following: 1.Familiarize with respect to the intended PD district; 2.Familiarize the developer with the process for obtaining a rezoning for a PD district and to discuss potential issues that should be considered in planning the project; 3.Provide the applicant with any forms required for the PD district application; and 4. comprehensive plan. PD Concept Plan Map B.. The PD Concept Plan Map will be drawn to a scale sufficient for all information presented thereon to be legible, and will contain the following information: 1.Topography. Topographic contours of ten (10) feet or less. 2.Acreage. Total acreage of the project. 3.Survey. Survey boundaries of the project. 4.Land Use. Proposed general land uses and the acreage of each use, including open space. 5.Mobility. Proposed major street layout. 6.Environmental. 100-year floodplain, floodway, major drainage ways and ESAs. 7.Jurisdiction. City limits and Extra Territorial Jurisdiction (ETJ) boundaries. 8.Existing Conditions. Adjoining zoning districts and land uses. 9.Infrastructure. Existing transportation, water, wastewater, and storm sewer facilities. PD Concept Plan Narrative C.. The PD Concept Plan Narrative will include the following: 1.A general statement setting forth how the proposed PD district will relate to the Denton Plan pursuant to §35.7.12.6.A; 2.Relation to the PD district purpose. A general statement setting forth how the proposed PD district will achieve the purpose and intent established in §35.7.12.1; 3.Relation to the Texas Local Government Code. A general statement setting forth how the proposed PD district will meet the requirements of §211.004 of the Texas Local Government Code (Tx.LGC). IV.Community Input Meeting After presenting the PD Concept Plan to the DRC but before the official submission of PD Development Plan application, the City and the Applicant will conduct a Community Input Meeting (CIM). The purpose of the CIM is to provide a public forum for discussion and to formulate potential resolutions to community concerns and development constraints within the context of this Code and other applicable City regulations and policies. The CIM will not be considered a permit pursuant to §245.001 of the Tx.LGC. The CIM portion of the ordinance will address the following: A.Notice and Schedule. B.Attendance at Community Input Meeting by City agencies. C.Facilitation of the Community Input Meeting. D.Proposed Comments and Conditions. VI.General PD Requirements The following general requirements will be established to ensure realization of the purpose and intent of the PD district. A.Conformance with the Denton Plan. Conformance with Texas Local Government Code B.. All PD districts will include within its Zoning and Development Regulations, a general statement describing how the proposed district will be in compliance with §211.004 of the Tx.LGC in that, the PD must be designed to: 1.Lessen congestion in the streets; 2.Secure safety from fire, panic, and other dangers; 3.Promote health and the general welfare; 4.Provide adequate light and air; 5.Prevent the overcrowding of land; 6.Avoid undue concentration of population; and 7.Facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements. C.Conformance with City of Denton Criteria Manual. General PD Design Standards D.. The following general design standards should be required of all PD Districts and should be adequately provided for in the PD Zoning and Development Regulations: 1.Appropriateness. 2.Physical Characteristics of the Site; Relation to Surrounding Property. 3.Relation to Public Utilities, Facilities and Services. 4.Relation to 5.Compatibility. 6.Transitions. 7.Relationship to Adjacent Property. 8.Access Control. a.Vehicular access. b.Pedestrian access. 9.Streets, Drives, Parking and Service Areas. Pedestrian Systems. 10. Bike Lanes. 11. Natural, Historic, Conservation and Preservation Areas. 12. Density/Intensity. 13. Architecture: 14. Height. 15. Buffer and Screening. 16. Yards and Setbacks. 17. Solid Waste and Utility Screens. 18. Signs. 19. Landscaping. 20. Tree Preservation. 21. Entranceways. 22. Utility Standards. 23. Storm Water Management. 24. Open Space. 25. Natural Surveillance. 26. Natural Territorial Reinforcement. 27. Gas Well Drilling and Production. 28. VII.PD District-Specific Requirements The following requirements are specific to each PD district by type and are in addition to the general PD requirements. Small Scale PD District A.. All Small-Scale PDs should adhere to the following: 1.Designed, constructed and maintained in a single phase; 2. approximate timeframe when construction or development is expected to begin, and the duration of time required for completion of the development; and 3.Should Mobility Plan. Mid-Scale PD District B.. All Mid-Scale PDs shall provide the following: 1.When residential uses are proposed, the development must provide a range of housing opportunities and choices; 2.The following will apply to all Mid-Scale PDs that are fifty (50) acres or larger: a.Designed as a mixed-use district designed and constructed in an orderly and creative arrangement of all land-uses with respect to each other and to the entire community. b.Provide employment opportunities, and commercial services to achieve a balanced community for families of all ages, sizes, and levels of income. c.Cost Impact Analysis. A Cost Impact Analysis of the proposed public facilities and infrastructure should be submitted to the City with the PD Development Plan. The purpose the analysis is to provide the base line development data and costs that will assist the City and the developer in discussions concerning the provision and timing of all required utilities and municipal services. The analysis should provide the specific detailed accounting of the financing for the provision of the following municipal services: i.Police protection; ii.Fire protection; iii.Emergency Medical Services; iv.Solid waste collection; v.Water and wastewater facilities; vi.Roads, including road and street lighting; vii.Parks, playgrounds, and swimming pools; and, viii.Any other facility, building, or service that may be dedicated to the City. d.Abandonment. To protect the City of Denton taxpayers for the potential negative financial consequences that may result from abandoning a PD district, the applicant should provide a development agreement acceptable to the City for the completion of all required infrastructure, utilities and municipal services according to the approved plans and any other documents of record, and for the maintenance of such areas, functions, and facilities not to be provided, operated, or maintained at public expense, and should place covenants on the property to bind any successors in title to any commitments made under this Code. e.Job:Housing Balance. When a PD lacks appropriate job nd typically the area extending as indicated on the approved PD Development Plan. When a PD includes non-residential uses (e.g., offices, retail commercial, etc.); however, it creates employment opportunities. As such, residents in the PD are better able to find work within the PD if the types of jobs that are available therein match the types of housing available within the PD. If workers cannot find appropriate jobs and affordable housing within the PD (or AOI), they will have to travel longer distances between the PD and their residences. As a result, regional vehicle miles traveled (VMT) will increase. Commuting times will also increase across the City and region. To mitigate for this potential negative regional impact, approval of PDs at a yet to be determined threshold (either by size or population projection) should be dependent on meeting one of the following criteria: i.Designed, constructed and maintained to manifest a job:housing ratio ranging from 1.3:1 to 1.7:1; or ii.The PD should contain a mix of uses that are reasonably anticipated to contribute to a balancing of land-uses such that it would be affordable for at least twenty percent (20%) of the persons who are reasonably anticipated to be employed within the proposed PD may reasonably have an opportunity to reside within the PD. Large-Scale PD District C. (AKA Master Planned Communities). MPCs require special attention because of their size and ability to create their own environment. A MPC district should not be approved unless the City Council finds the proposed MPC district satisfies all of the following criteria: 1.Meet all the requirements of the Mid-Scale PD district; and, 2.Provide adequate educational, medical, and cultural facilities for all segments of the community. VIII.PD District Development Plan The purpose of the PD District Development Plan is to provide a detailed set of development regulations, criteria, and maps that will govern the PD district. The approval of the Pd Development Plan will establish the PD district. The PD District Development Plan will include: (1) the PD Zoning and Development Regulations; (2) the PD Phasing Map; (3) the PD Development Plan Map; and (4) any other required studies, reports or documents as determined by the Applicant or the City. PD District Zoning and Development Regulations. A. The PD District Zoning and Development Regulations will establish the permitted uses, site design specifications, general development requirements, and PD district-specific requirements. In addition to all other applicable requirements, the PD District Zoning and Development Regulations should: 1.Provide a general statement setting forth how the proposed PD district will relate to the Denton Plan; 2.Describe the type of PD district proposed and how it will achieve the established purpose and intent; 3.Provide a general statement setting forth how the proposed PD district will meet the requirements of §211.004 of the Tx.LGC: 4. 5.Provide the district-specific requirements; 6.Include a master transportation, water, wastewater, and drainage studies for the entire PD area that is of such detail that identify the major public infrastructure facilities needed by each phase, the connection of these facilities to the existing public infrastructure, and any off-site improvements required; and, 7.Ensure conformance with all other applicable codes, regulations and ordinances. PD Development Plan Map. B. The PD Development Plan Map should be drawn to a legible scale, and must contain the following information: 1.Topography. Topographic contours of ten (10) feet or less; 2.Acreage. Total acreage of the project; 3.Survey. Survey boundaries of the project; 4.Land Use. Proposed land uses and the acreage of each use, including open space; 5.Mobility. Proposed major street layout; 6.Environmental. 100-year floodplain, floodway, major drainage ways and ESAs; 7.Jurisdiction. City limits and Extra Territorial Jurisdiction (ETJ) boundaries; 8.Existing Conditions. Adjoining zoning districts and land uses; and 9.Infrastructure. Existing transportation, water, wastewater, and storm sewer facilities. PD Development Phasing Plan. C. When a PD is to be developed over multiple phases, staff is recommending that a PD Development Phasing Plan be submitted with the PD District Zoning and Development Regulations. The PD Phasing Plan should conform to the following: 1.When critical infrastructure improvements are tied to certain phases of a PD, the City may enforce the development phasing sequencing to prevent avoidances or delays in construction of vital infrastructure, amenities, or public or private facilities. 2.Multi-family housing should not be the first land-use constructed or the primary land-use constructed in any phase of the PD. 3.The PD should be phased so that the density of any phase, when combined with previously constructed phases, does not exceed the approved overall project density. When a PD will be developed over a period of years, a greater concentration of density or intensity of land-use within a particular phase of development (whether it is earlier or later) is permissible, provided that the greater concentration of density or intensity of land-use must be offset: a.By a lower concentration in any completed prior phase, or b.By an appropriate reservation of common open space on the remaining land by a grant of easement or by covenant. The reservation may, as far as practicable, defer the precise location of the common open space until a PD Detailed Plan application is filed so that flexibility of development, which is a principal objective of the PD district, can be maintained. 4.The PD Development Phasing Plan should include a schedule indicating, to the construction or development is expected to begin, and the duration of time required for completion of the development. 5.Provide a table with the numerical phasing order of the PD, year ranges, uses and proposed density and intensity of uses per phase. 6.Identify all existing and proposed transportation, water, waste water, and storm sewer facilities. 7.Identify the master transportation, water, waste water, and drainage plan, and major public infrastructure facilities needed by each phase, the connection of these facilities to the existing public infrastructure, and any off-site improvements required. 8.When submitted as a separate document, the Development Phasing Plan should include the following information in addition to those required above; a.Total Acreage of the project; b.Survey boundaries of the project; c.Proposed general land-uses and the acreage of each use including open space; d.Proposed street layout (arterial and collector level); e.Phasing lines with associated numbering sequence; f.Sub-phase lines, if necessary; and g.Year ranges for anticipated development by phase or sub-phase. Regulations Applied; Omissions. D. All conditions, regulations, and development standards for the PD district should be contained in the PD Zoning and Development Regulations for the PD district. If any regulation or restriction applied in other zoning districts by the DDC is omitted in the approved PD Zoning and Development Regulations or detailed plan, the regulation applicable in the most comparable zoning district, as determined by the Director of Planning and Development Department, will apply. Any person aggrieved by the Director's decision may appeal the determination to the City Council after recommendation by the P&Z. Expiration of PD Development Plan E.. The PD Development Plan (include the PD District Zoning and Development Regulations, the PD Development Phasing Plan, the PD Development Plan Map, and any other required studies, reports or documents as determined by the Applicant or the City) should automatically nd expire on the second (2) anniversary of the date of its adoption without any further action of the City or the applicant, unless a Final Plat has been recorded for the PD district or a portion thereof. Staff is also recommending that prior to expiration and for good cause shown, the PD Development Plan may be granted a one-time six (6) month extension by the City Council. PD District Development Plan Amendments F.. An applicant or its successors may request an amendment to the PD District Development Plan. All amendment requests should be processed under the Zoning Amendment procedure outlined in §35.3.4. All future development within the adopted PD district shall thereafter conform to the PD District Development Plan, as amended. IX.PD Detailed Plan The purpose of the PD Detailed Plan is to provide the details of the proposed PD District, either as a whole, by sections, or by phases to ensure realization of the purpose and intent of the PD district that are established in §35.7.12.1. A.After adoption of the PD Development Plan, application may then be submitted for a PD Detailed Plan for review and approval by the Planning and Zoning Commission (P&Z). The PD Detailed Plan must be in accordance with the adopted PD Development Plan for the same project. The PD Detailed Plan Map should contain all of the following information: 1.Acreage. Total acreage in the plan as shown by a survey, certified by a registered surveyor; in tabular format and 2.Land uses. Proposed specific land uses the surveyed boundary acreage of each use including open space; 3.Off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed offsite improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilities; 4.Traffic and transportation. Proposed street layout (arterial and collector). The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses; 5.Residential development. The number, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre (density); 6.Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements including the preliminary size and location of any required detention facilities; 7.Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district; 8.Trees and landscaping. The location of all protected trees and a landscape plan; 9.Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use; 10.Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties; 11.Signs. Elevations, location, type, and size of all signs; 12.Sidewalks and bike paths. Sidewalks, bike paths or other improved ways for pedestrian or bicycle use; 13.Proposed Structures: a.Location; b.Setbacks; c.Maximum height of buildings; d.Maximum floor to area ratio; 14.Environmental. 100-year floodplain, ESAs, floodway and major drainage ways. 15.Jurisdiction. City limits and Extra Territorial Jurisdiction (ETJ) boundaries. 16.Existing Conditions. Adjoining zoning districts and land uses. Expiration of PD Detailed Plan B.. It is recommended that thePD Detailed Plan nd automatically expires on the second (2) anniversary of the date of its approval unless construction begins pursuant to a building permit issued by the City prior to expiration. The P&Z may, prior to expiration of the Detailed Plan, for good cause shown, grant a one-time six (6) month extension. Appeals from P&Z Action. C. The applicant, or any property owner within two City Council by filing a written request with the Planning and Development Director within t state what action(s) of the P&Z is the subject of the appeal and how the action(s) violated the PD Development Plan that were adopted for the project, applicable section of the DDC, comprehensive plan or other City of Denton Code. PD Detailed Plan Amendments. D. An applicant or its successors may request amendments to an approved PD Detailed Plan by submitting an application to the Director of Planning and Development. Amendments to the approved PD Detailed Plan should be delineated as major or minor amendments, according to the criteria set forth herein. Amendments to the approved PD Detailed Plan will not affect development units not included in the proposed amendment. Upon receipt of an amendment application, the Director of Planning and Development will determine if the proposed amendment constitutes a major or minor amendment. a.Minor Amendments to a PD Detailed Plan Administrative approval. the boundary of the PD may appeal an action or decision by the Director of Planning and Development to the Planning and Zoning Commission within ten (10) business days from the date of the decision, pursuant to §35.3.7.D. Appeals shall be in writing on a form provided by the Planning and Development Department and shall include only the specific items being appealed. b.Major Amendments to a PD Detailed Plan P&Z approval. The Applicant the boundary of the PD project area as represented on the approved PD Council by filing a written request with the Planning and Development clearly state what action(s) of the P&Z is the subject of the appeal and how the action(s) violated the PD Zoning and Development Regulations that were approved for the project, applicable section of the DDC, comprehensive plan or other City of Denton Code. Compliance with Approved Plans. E. No development should begin and no building permit should be issued for any land or structure within a PD district until a PD Detailed Plan has been approved. All PD districts should be developed, used and maintained in compliance with the approved PD Detailed Plan for the district. All other plans, maps, drawings, pictures, written statements or other representations on which the P&Z relied on approving a PD Detailed plan shall be considered part of the approved PD Detailed Plan and shall be binding upon the property. X.PD Site Plan Submission, Review and Approval. The purpose of the PD Site Plan requirement is to establish the administrative standards to facilitate timely and comprehensive review of new PD Site Plans and major amendments to existing PD Site Plans to ensure compliance with the PD District Zoning and Development Regulations, the PD Detailed Plan, and all applicable codes and regulations. The DRC Administrator will accept and authorize a submitted PD Site Plan for review after determining that the application is complete. Plan Application Submittal Requirements A. electronic plans submission process (ProjectDox), Submit fourteen (14) complete copies of the application package and pay all requisite fees to the City. To be considered complete, each PD Site Plan application should include the following: 1.Universal Application; 2.Disclosure and Consent statement listing all parties in control of the property; 3.Completed Site Plan Submittal Checklist; 4. 5.One (1) Compact Disc (CD) containing a digital copy of the site plan drawing in a JPEG, PDF, DWG or TIFF format; 6.If it is determined that a Traffic Impact Analysis (TIA) is required, then three (3) copies of a TIA shall be submitted by the applicant upon the request of the DRC Administrator; 7.Three (3) copies of a conceptual Storm water Management Plan that addresses storm water detention requirements shall be submitted by the applicant at the time of final submittal; and 8. jurisdiction, the applicant shall provide details of approvals required of the other jurisdiction and the status of the approvals. XI.Administrative Decision Appeals may appeal an action or decision by the DRC Chair within ten (10) business days from the date of of the DDC. Appeals will be in writing on a form provided by the Planning and Development Department and shall include only the specific items being appealed. XII.Administration and Enforcement A.While property ownership may subsequently be transferred (in whole or in part), the adopted PD zoning and standards will continue to be implemented and maintained on the total acreage of the PD. It will be the responsibility of the owner to notify all prospective purchasers of the existence of the PD District and the PD Development Plan. B.In the event that the applicant has failed to comply with the conditions adopted by the City Council in conjunction with the approved PD Zoning and Development Regulations, the City may proceed in accordance with §35.1.10 of the DDC. RECOMMENDATION Staff recommends drafting the new PD regulations for inclusion in the DDC, in accordance with the aforementioned outline. PRIOR ACTION/REVIEW No prior Action or review. OPTIONS 1.Direct staff to proceed with drafting the new PD regulations for inclusion in the DDC, in accordance with the aforementioned outline. 2.Direct staff to take another direction. EXHIBITS 1.Typical PD Process Flow Chart, proposed Prepared by: Mark A. Cunningham, AICP, CPM Director of Planning and Development Respectfully Submitted: Fred G. Greene Assistant City Manager TYPICA PD PRCESSLOWHART LLOOFFCC ˜PPDConcceptPlaan 1 ˜(Nonbiinding) ˜CommmunityInputMMeeting 2 ˜PDDDeveloppmentPlan 3 ˜CCityCounciilApprovall ˜PPDDetailedPlaan 4 ˜P&ZAppproval ˜SitePlan 5 ˜DRCAppproval AGENDA INFORMATION SHEET AGENDA DATE: September 13, 2011 DEPARTMENT: Parks and Recreation ACM: Fred Greene ______________________________________________________________________________ SUBJECT Receive a report, hold a discussion and give staff direction regarding the Aesthetic Design Guidelines that the Texas Department of Transportation (TxDOT) is preparing for the IH-35E expansion project. BACKGROUND At the September 6, 2011 Council work session, Council was briefed on the IH-35E Aesthetics Master Plan and the Aesthetic Design Guidelines being prepared by HNTB Corporation for TxDOT. At that meeting Council asked staff to contact UNT and the developers of Rayzor Ranch to assess their interest in participating in enhancing TxDOT interchanges adjacent to their locations. At this time staff is meeting with representatives from both organizations and will update Council at the September 13, 2011 meeting. s comments on the draft Aesthetic Design Guidelines. Comments are currently due to TxDOT on September 15, 2011. Mayor Pro Tem Kamp met with William Hale, TxDOT Dallas District Engineer, on September 8, 2011, and received verbal approval for this request. As this project moves forward, the City will have an opportunity to solicit public input on the final design of any art associated with this project. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council work session presentation on September 6, 2011. FISCAL INFORMATION The cost of the aesthetic treatments would be included in the project cost. Graphic display enhancements at the Accent Aesthetic Treatment intersections would also be included in the project cost, but Enhanced Aesthetic Treatments will require participation with municipalities, institutions, and the private sector for implementation. If enhanced landscape plantings on the IH-35E corridor are requested by the City, the cost of all grounds maintenance in that corridor will be assumed by the City. Respectfully submitted: Emerson Vorel, Director Parks and Recreation Department AGENDA INFORMATION SHEET AGENDA DATE: September 13, 2011 DEPARTMENT: City Manager’s Office CM: George Campbell SUBJECT Receive a report, hold a discussion and give staff direction regarding the status of the routing of the Northeast Electric Transmission Line Re-Build Project in the City of Denton. BACKGROUND Denton Municipal Electric has been working with residents of northeast Denton regarding the routing of the proposed re-build of the Northeast Electric Transmission Line. Various alternatives for the location of the proposed facility are currently under review and various issues regarding the acquisition of real property related to this project will be provided to Council in th Closed Session on September 13. This work session item has been included on the agenda as well, in order that Staff and Council may review and announce a schedule, including two public hearings, that is planned prior to final adoption in mid-November of a rout for the line. Staff is proposing a first public hearing on October 18 and a second public hearing on November 15. CONCLUSION Staff will be prepared to make a recommendation regarding scheduled public hearings at the work session on September 13. Respectfully Submitted: ______________________________ George Campbell City Manager