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January 26, 2016 Agenda
tru�Mltli �'� � k, Tuesday, January 26, 2016 City of Denton Meeting Agenda City Council City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com 1:00 PM Work Session Room & Council Chambers 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 Tuesday, January 26, 2016 at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he /she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clarification of agenda items listed on the agenda for January 26, 2016. 3. Work Session Renorts A. ID 16 -036 Receive a report, hold a discussion, and give staff direction regarding efforts to ensure reliable and affordable access to high -speed Internet services for our citizens and businesses. Attachments: Exhibit 1 Verizon Pricina Exhibit 2 Charter Internet Pricing Exhibit 3 High Speed Internet Update B. ID 16 -079 Receive a report and hold a discussion on the status of the Enhanced Right -of -Way Maintenance Program. Attachments: Exhibit 1 - Scope of Work and Proiect Districts Exhibit 2 - PowerPoint Presentation C. ID 16 -082 Receive a report, hold a discussion, and give staff direction regarding the creation and implementation of Small Area Plans and the creation of a Small Area Plan for the Fry Street area. Attachments: Exhibit 1- Comprehensive Plan Goals Exhibit 2 -Fry Street Small Area Plan Boundary Exhibit 3 -Area Zoning Exhibit 4 -Area Future Land Use Map Exhibit 5 -Fry Street Small Area Work Plan Draft Exhibit 6- Steering Committee Nomination Application D. ID 16 -102 Receive a report and hold a discussion regarding an amendment to the Rayzor Ranch Overlay District Amendment, Public Hearing item ID 16 -045. City ofDenton Page I Printed on 112112016 City Council Meeting Agenda January 26, 2016 Attachments: Exhibit 1- S115 -0016 Presentation E. ID 16 -119 Receive a report, hold a discussion and provide staff direction on a proposal to renovate the Old Central Fire Station and examine surface parking options for downtown. Attachments: Exhibit 1 Area Map Old Central F. ID 16 -092 Receive a report, hold a discussion, and give staff direction on the Denton Renewable plan and activities related to the future power supply plans to meet the City's growth and needs. Following the completion of the Special Called Work Session, the City Council will convene in a Special Called 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, or as otherwise allowed by law. 1. Closed Meeting: A. ID 16 -107 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding ID 16 -098 of the January 26, 2016 Consent Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. B. ID 16 -091 Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation from Denton Municipal Electric staff ( "DME ") regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction. C. ID 16 -097 Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate and provide staff with direction regarding the potential acquisition, exchange, lease or value of real property located generally in the 200 block of West Hickory and the 200 block of West Mulberry in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential real property matter where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would City ofDenton Page 2 Printed on 112112016 City Council Meeting Agenda January 26, 2016 jeopardize the City's legal position in any administrative proceeding or potential litigation. D. ID 16 -132 Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding legal issues associated with the Rayzor Ranch Overlay District zone where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN 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 §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, §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 §551.071 - 551.086 OF THE TEXAS OPEN MEETINGS ACT. Special Called Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A — F). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items A — F below will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. ID 16 -096 Consider adoption of an ordinance of the City of Denton, Texas approving an Office Lease between the City of Denton and 4SR Mulberry, LLC, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date. City ofDenton Page 3 Printed on 112112016 City Council Meeting Agenda January 26, 2016 B. ID 16 -109 Consider approval of a resolution of the City of Denton, Texas authorizing the prohibition of open carrying handguns into meeting rooms during certain open meetings and providing for an effective date. Attachments: Exhibit 1 Resolution C. ID 16 -085 Consider adoption of an ordinance of the City of Denton, Texas, prohibiting left turns for any vehicle, except school buses, travelling southbound on Swisher Road at its intersection with Pockrus Paige Road on school days from 7:00 AM until 8:00 AM and from 2:30 PM until 3:30 PM; providing an exception for Denton Independent School District buses; providing a repealer clause; providing a savings clause; providing a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic Safety Commission recommends approval (5 -0). Attachments: Exhibit 1 - Location Map Exhibit 2 - Ordinance D. ID 16 -098 Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2013 -248 and enacting a new ordinance relating to planning and development fees as it concerns; gas well drilling and production in the City of Denton and its extraterritorial jurisdiction; road damage remediation fee calculations due to damage to City of Denton roadways from gas well drilling and production activities in the city; assessment of penalties and interest; and setting an effective date. Attachments: Exhibit 1 -Fee Schedule Ordinance No. 2013 -248 Exhibit 3- Findings from Gas Well Fee Analysis Exhibit 4- Proposal to Assist with Production Monitoring Exhibit 5 -Gas Well Fees - Presentation Exhibit 6 -New Fee Schedule Ordinance E. ID 16 -158 Consider adoption of an ordinance of the City of Denton, Texas approving a Right of First Refusal between the City of Denton and 4SR Mulberry, LLC, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date. F. ID 16 -159 Consider adoption of an ordinance of the City of Denton, Texas approving a Subordination, Non - Disturbance and Attornment Agreement between the City of Denton, 4SR Mulberry, LLC, and the National Bank of Texas at Fort Worth, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date. 3. PUBLIC HEARINGS City ofDenton Page 4 Printed on 112112016 City Council Meeting Agenda January 26, 2016 A. ID 16 -045 Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the procedural and development standards for the Rayzor Ranch Overlay District by superseding the previously approved Rayzor Ranch Overlay District classification and amending Chapter 35, Subchapter 7.15 of the City of Denton Development Code. The approximately 410 acre site is generally located on the north and south sides of US HWY 380 (University Drive), between I -35 and Bonnie Brae St. Attachments: Exhibit 1 -Staff Analysis Exhibit 2 -Site Location Exhibit 3- Redline Ordinance Exhibit 4- Ordinance 2010 -0158 Exhibit 5- Public Notification Map and Responses Exhibit 6 -Draft Minutes of the January 13, 2016 Planning & Zoning Commission Exhibit 7 -Draft Ordinance 4. CONCLUDING ITEMS A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. 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 , 2016 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE 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. City ofDenton Page 5 Printed on 112112016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -036, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Technology Services CM/ ACM: Bryan Langley Date: January 26, 2015 SUBJECT Receive a report, hold a discussion, and give staff direction regarding efforts to ensure reliable and affordable access to high -speed Internet services for our citizens and businesses. BACKGROUND Broadband infrastructure, or fiber optic networks, has been identified as a fundamental need for businesses in the downtown area, industrial corridor, and rail yard based on feedback from concerned businesses and an Economic Development email survey from August 2015. A highlight of the Economic Development email survey indicates that 41 out of 200 surveyors are interested in high -speed Internet services. Additionally, residents are interested in more options for high -speed Internet services. Broadband is defined by the Federal Communications Commission (FCC) as: Broadband or high -speed Internet access allows users to access the Internet and Internet- related services at significantly higher speeds than those available through "dialup" services. Broadband speeds vary significantly depending on the technology and level of service ordered. Broadband services for residential consumers typically provide faster downstream speeds (from the Internet to your computer) than upstream speeds (from your computer to the Internet). Since August 2015, staff has met with Verizon, Charter, AT &T, Grande Communications, and Zayo in an effort to address the lack of high -speed Internet and explore potential options to get high -speed Internet access in the downtown area, industrial corridor and rail yard. Staff has also met with Charter to discuss potential improvements to residential services. In an attempt to improve services and access to high -speed Internet services, staff has identified the below strategies: • Zayo will be expanding broadband infrastructure in the Denton area over the next 12 -18 months. By doing so, providers such as Verizon will have the ability to offer increased services using this infrastructure. Additionally, Zayo is highly interested in partnering with Municipalities to create jointly beneficial arrangements to accelerate fiber coverage in the U.S. • Verizon Wireless has agreed to host events to showcase various connectivity options. Verizon Wireless plans to expand their wireless footprint at UNT. The wireless options can be designed for City of Denton Page 1 of 2 Printed on 1/21/2016 File #: ID 16 -036, Version: 1 small businesses. Additionally, Verizon offers high -speed Internet services for larger commercial businesses. The proposed speeds and pricing for both the wireless and high -speed commercial connections is shown in Exhibit 1. 0 Charter will be providing high -speed Internet to the rail yard and the industrial corridor. In addition, Charter is planning to expand their broadband service in the Denton area with speeds up to lOgbps for commercial businesses. Charter has designated 137 multi - tenant buildings that are considered immediately serviceable, which qualify for a substantial discount on high -speed Internet service. Exhibit 2 shows a list of proposed speeds and pricing for customers in this area. Additionally, by having this infrastructure in place, Charter will be able to provide affordable and high -speed Internet services in the downtown area. Together with the above options, residents and businesses alike will have additional Internet connectivity options. The intent of this agenda item is to discuss the progress staff has made in identifying additional Internet connectivity options for our businesses and residents. RECOMMENDATION Staff recommends that the City of Denton continue working with the above Internet service providers concurrently to implement the above described plans, as well as, identify additional potential options to expand broadband infrastructure and continue to connect residents and businesses with service providers. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.3 Promote a buisness - friendly environment EXHIBITS 1. Verizon Wireless Pricing Sheet 2. Charter Internet Pricing Sheet 3. High Speed Internet Presentation Respectfully submitted: Melissa Kraft Chief Technology Officer City of Denton Page 2 of 2 Printed on 1/21/2016 E m E E 0 4— tw r_ CL C) zt I C) m All 0 (13 U% as u W a) > 7 a) a) C - : rs 77 a car w (0 :F; F�z np CJ F�- c C) �11 rr J 0 �P (13 (13 m 0 Q) CL m m 2 el > 0 YJ V 'et na 70- cn EL LLJ 0 0 t C c C: Lo U) 'Yl a) 0 ID 0 M" z z -t > > () 0 (D Le) CM CM I CM G C Cd`1- o 1 G� A Cd'3 1,1 a CY iG LL a 'v— c C "? { G' M M M m k.C'1 'r c"q 4'1 "�i {D IX7 +r +r +r +r C'+1 4") *ri" o {D 4:A � 0 0 0 0 LO CD oml � cm�) C ON CD CD CA CD CD 0 ---- ---- CD ---- LO -=-, ---- 04CD --1 ---- LEI) LO 04 CD CD U) r, cj Lb cj CD CD U) Lc" C,� co co cc) Elf) L 0 0 0 0 LO CD oml � cm�) O K uj C O 0 c .;A- to 2 5 O O C ON CD CD CA CD CD 0 ---- ---- CD ---- LO -=-, ---- 04CD --1 ---- O K uj C O 0 c .;A- to 2 5 O O 4-J 0 LL 0 LA CLL. 4-J r_ ui r_ 0 co C) C) C) CN4 C� U') C� Cr U') CD L O CD L O CD CD 6 1 co (6 m 4-�' m C-i co 6 CD 6 co C6 CD 6 V- C-i co rW cti c 7 oi C%4 U'> 1=1 CO 4) C Os c = 01� Lq C-I, cl� N- m 0 14t ko N- 00 cp� C) CSI (D C� C) LQ C) C� C� C) LQ C) C) LX? 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Ul J3 Ul (n Z-0 cc, E cc- 0 0 M3 in I C IIIIPuuuuuuuuuuuum ioioioioioioioioioioioiou ■ 1 in I ��u�� C: (n 0 cn o cun 22 0 OD .c- -C 0 4-0 co . ................. .... ....... 0 0) . . . . . . ... . . . ... . co Ul 73 UD 0) EE o 0 Aj OD cn in I C: IIIIPuuuuuuuuuuuum ioioioioioioioioioioioiou m ■ I IIIIPuuuuuuuuuuuum 4-J cz HMO E E 0 u w uuuuuuuuuu I E E 0 0 0 -P-j cn C: 0 0 cn 0 0 4— cn C: 0 -E E E 0 0 Is 4-a C a) E a) 0 4-a .......................... 4-a ............... 4-a C Q m (n (n III a Ea in I in d City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -079, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Community Improvement Services CM/ ACM: John Cabrales Date: January 26, 2016 SUBJECT Receive a report and hold a discussion on the status of the Enhanced Right -of -Way Maintenance Program. BACKGROUND On February 7, 2014, the inaugural Leadership Excellence Enhancement Program (LEEP) class was held. LEEP is a formal program to develop leadership and management competencies in employees who exhibit potential for advancement to City of Denton leadership positions. Twelve participants attended bi- weekly classes taught by University of North Texas' Murphy Center for Entrepreneurship, College of Business, professors. As part of the class commitment, program participants were required to develop a project that provides alternative or innovative ways to solve a challenge facing the City. The Destination Denton? Project was born out of research that showed economic growth can pivot on the perceptions held about a community by prospective businesses and industries. That perception is based largely on first impressions formed while visiting a prospective community. The purpose of the Destination Denton? Project was to establish a comprehensive maintenance and beautification plan to create clean and attractive public rights -of -way along entryways and thoroughfares throughout the community. To that end, the Destination Denton? workgroup partnered with the Texas Department of Transportation ( TXDOT) and Union Pacific Railroad (UPRR) to develop strategies and explore funding opportunities. TXDOT reimbursements for right -of -way maintenance and Green Ribbon Landscape Project funds for improvements on state roadway medians were approved by TXDOT as funding sources. In Fiscal Year 2014 -15, the City Council approved $125,000 in the City's Budget to fund to develop and implement a pilot project to upgrade the scope and level of maintenance on entryways and roadways in Denton. Eight roadways (Teasley Lane, McKinney Street, University Drive, Country Club Road, Hickory Creek Road, Locust Street, Elm Street, Mingo Road) were selected for inclusion in the pilot project. Along with these roadways, several other right -of -way projects in highly visible locations were also included. In Fiscal Year 2015 -16, the City Council approved an additional $200,730 in the City's Budget to expand the Enhanced Right -of -Way Maintenance Program. Vendor contracts for this program will be included on the February 2, 2016, Consent Agenda. The maintenance projects are divided into four districts citywide and encompass 33 rights -of -way, including drainage easements, as set out in Exhibit 1. An updated Municipal Maintenance Agreement (MMA) between the City of Denton and TXDOT and a City of Denton Page 1 of 2 Printed on 1/21/2016 File #: ID 16 -079, Version: 1 beautification lease agreement between the City of Denton and UPRR will also be included on the February 2, 2016, Consent Agenda. The updated MMA will outline the changes in the agreement, i.e. the City's assumption of right -of -way maintenance on FM 426 (McKinney), FM 1830 (Country Club), FM 2164 (Locust), and FM 2181 (Teasley) and a reimbursement to the City in the amount of $8,230 for the performance of three mowing cycles annually. The UPRR beautification lease provides the City with permission to enter onto railroad right - of -way along Mingo Road for the purpose of maintaining that right -of -way. This agreement provided permission above and beyond the standard UPRR lease agreement as it allows access to more of the UPRR right -of -way than is common and provides a 50% decrease for two of the three insurance requirements. Lastly, with the increase in graffiti tagging, Community Improvement Services (CIS) has expanded its free private property graffiti abatement program to include public property. Currently, CIS performs graffiti removal on streets, curbs, gutters, sidewalks, drainage ways, utility boxes, electric pole, and traffic control signals and signs. Funds to perform these public property abatements will be funded out of the right -of -way maintenance line item. ESTIMATED SCHEDULE OF PROJECT The right -of -way maintenance contractors will begin work on the fifteenth day after ordinance approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Initial project presentation to the City Council was on June 10, 2014. Approval of $125,000 in pilot project funding for Fiscal Year 2014 -15 was on September 16, 2014. Approval of $200,730 for program expansion in Fiscal Year 2015 -16 occurred on September 15, 2015. FISCAL INFORMATION The funding approved for this program will be used to maintain (mow, weed eat, and edge; trash, debris and illegal signage removal; dead and diseased tree removal and tree pruning; graffiti removal) the public property listed in Exhibit 1. The contracts to perform this work will be managed by the Community Improvement Services Division. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family - Friendly Community Related Goal: 4.2 Seek clean and healthy neighborhoods in Denton FXHIRITC Exhibit 1 - Scope of Work and Project Districts Exhibit 2 - PowerPoint - Enhanced ROW Maintenance Program Respectfully submitted: Lancine Bentley Manager, Community Improvement Services City of Denton Page 2 of 2 Printed on 1/21/2016 Exhibit 1 RFP # 5925 Scope of Work and Technical Specifications Rights of Way Enhanced Maintenance Program Exhibit 3 The scope of work shall be finalized upon the selection of the Firm. The respondent's submission shall have accurately described your understanding of the objectives and scope of the requested products and services and provided an outline of your process to implement the requirements of the Scope of Work and Services. It is anticipated that the scope of work will include, at a minimum, the following: SCOPE OF CONTRACT The intent of this Contract is to secure, by third party contract, the right -of -way (ROW) enhanced maintenance of selected entryways and corridors within the corporate city limits of Denton, Texas. The types and levels of maintenance in this contract exceed standard requirements of a right -of -way mowing contract. The goal of this work is to enhance the appearance of the City's entryways and corridors through elevated levels of maintenance. CONTRACTOR OPERATIONS 1. The Contractor (respondent awarded contract by City Council) shall be provided direction by the designated City Representative (hereafter referred to as the City Representative) who will monitor the day -to -day performance of the contract requirements. 2. Rights of way are measured from the private property line to the curb or, if no curb exists, from the property line to the street. The designated right of way areas under this contract have been identified by the City as legal rights of way through its Geographical Information System (GIS) mapping resources. Rights -of -way maintenance criteria can be located on pate 8, ROW Maintenance Specifications and Requirements, Section B Mowing and Associated Maintenance. 3. Contractor shall operate as an independent contractor and not as an agent, representative, partner or employee of the City of Denton, and shall control his /her operations at the work site, and be solely responsible for the acts or omissions of his /her employees. 4. The Contractor shall give his /her personal supervision to the work or shall have a competent supervisor on the job at all times during process of the work, with authority to act for him/her, and be available for consultation with the City Representative. At the beginning of the scheduled maintenance cycle, the Contractor shall email the proposed work schedule to the City Representative. At completion of the scheduled maintenance cycle, the Contractor shall contact the City Representative via email to request a site inspection. Upon email notification, a site inspection shall be performed by the City Representative at the earliest possible time, such as that afternoon or the following morning. If the City Representative's inspection of the completed cycle does not meet the standards established in the contract, the City Representative shall email the Contractor in detail the areas of contractual non- compliance. The Contractor shall have two (2) consecutive business days to correct the contractual non - compliance areas. If work is scheduled but not performed on a given day, the Contractor shall notify the City Representative in writing via email. It shall be considered a breach of the contract if contractual non - compliance is perpetual. Either party reserves the right to call for an onsite inspection. 5. Contractor and employees shall be courteous to the public at all times while at the work site. 6. All tree trimming shall be performed by or under the site supervision of an ISA Certified Arborist. 7. Contractor shall provide a valid telephone, cell phone, email address, and mailing address at all times to the specified City Representative. Upon changes in the contact information, the City Representative shall be notified. 8. The Contractor shall be required to dedicate sufficient equipment and labor to perform the maintenance requirements outlined in this RFP. All equipment to be used under the contract shall be identified on the equipment schedule included in the RFP. Equipment shall be maintained in full functioning condition during the entire term of the contract. 9. The work covered under this contract is on an as- needed basis for a 12 -month period from the date of agreement. This contract shall include furnishing all labor, materials, and equipment necessary to provide complete and continuous enhanced maintenance of ROW herein specified. Each district's maintenance cycles shall be completed within three (3) consecutive business days, unless inclement weather disrupts the schedule. 10. All work shall be accomplished Monday through Friday, weather permitting. All work performed outside of the established Monday - Friday timeframe shall be pre- approved by the City Representative. The City Manager, or his designee, may grant permission to work an extension on Sunday (reference holiday section CA), within reason, in the event of inclement weather. Refer to General Provisions and Terms and Conditions, Section B Item 52, to view the list of City holidays (Exhibit 2). 11. Contractor shall respond to urgent requests and be able to respond within 48 hours. Work shall be started within 48 hours of issuance of the request. Provided the Contractor cannot respond, the City shall seek an alternative solution. 12. The City of Denton reserves the right to cancel scheduled cycles (mowing and associated maintenance cycles or litter and debris removal cycles) on a week -to -week basis based upon need, prevailing weather conditions, and available funding. 2 12. Contractor shall be responsible for any damage done to property during maintenance operations. Contractor shall be responsible for replacement of all trees and shrubs damaged during maintenance work. Trees shall not be bumped or marked by mowing. 13. Contractor shall exercise every necessary precaution for the safety of the property and the protection of any and all persons and /or property located adjacent to or making passage through said property. All claims and repairs are to be made by the Contractor in a timely (within 48 hrs.) manner. TECHNICAL SPECIFICATIONS RIGHTS -OF -WAY ENHANCED MAINTENANCE PROGRAM Mowing and associated maintenance cycles shall be performed bi- weekly during the growing season (March through November) unless inclement weather or holidays alter this schedule. Stand -alone litter and debris removal cycles shall be performed in all districts during the alternating (non- mowing) weeks. During the non - growing season, litter and debris removal cycles shall be performed weekly in all districts. The areas to be maintained under the City's ROW Enhanced Maintenance Program are divided into four (4) districts. Each district falls between 45 to 60 acres. One or more districts shall be awarded to a contractor while ensuring the best value for the City. District One (56.75 acres) shall consist of the following roadways and drainage channels: 1. US 380 (University), 31 acres (begins at Bell and ends at city limit) 2. FM 2164 (Locust Street), 7 acres (begins at Elm/Locust split and ends at Loop 288) 3. US 77 (Elm), 3 acres (begins at Loop 288 and ends at I -35) 4. Jim Chrystal Road, 14 acres (begins at Interstate 35 Service Rd and ends at C. Wolfe /County Line) 5. University at Shawnee Drainage, 1 acre (begins at Shawnee and ends at Mingo) 6. University Drainage, 0.75 acres (begins at Georgetown and ends at Gay) District Two (47 acres) shall consist of the following roadways and drainage channels: 1. Mingo Road, 37.5 acres (begins at McKinney /Bell and ends at Cooper Creek) 2. Rail Yard, 5 acres (located between McKinney and Sycamore Streets) 3. Marshall Street Drainage, 0.25 acres (located between Locust and Oakland Streets) 4. City Hall Main (215 E. McKinney) Drainage, 0.75 acres (located behind City Hall) 5. 427 Robertson (Vacant city lot) 0.25 acres 6. Prairie Street Drainage, 0.25 acres (begins at 508 Prairie and ends at Wainwright Street) 7. Windsor Drainage, 2 acres (begins at Kings Row and ends at Windsor) 8. Windsor Drainage, 1 acre (between Windsor and Nottingham Streets) 3 District Three (55 acres) shall consist of the following roadways and drainage channels: L FM 426 (McKinney), 11 acres (In the 800 blk there is a drainage channel. There is no access to go down into the channel so grass and weeds shall need to be removed while working from the top side.) (begins at Bell and ends at Billy Ryan High School) 2. Loop 288, 17 acres (begins at Colorado and ends at US 380) 3. US 377 (Fort Worth Drive), 17 acres (begins at Interstate 35 and ends at Vintage Boulevard) 4. Mack Park, 1.75 acres (begins at South side of Mack Park and ends at Audra) 5. Woodrow Lane sidewalk, 1 acre (begins at 300 Woodrow, runs south to the end of the tree line across from 725 Woodrow on the western side of the road. Heading north. it runs from 725 Woodrow to the dirt driveway approach before 215 Woodrow.) 6. Water Oak Drainage, 0.75 acre (between Paisley and McKinney) 7. Stockton Drainage, 0.75 acre (between Mockingbird and Audra) 8. Baldwin Drainage, 1.25 acres (between Kerley and Thomas Rivera Elementary) 9. Dallas Drive, 3 acres (begins at Interstate 35 and ends at Teasley Lane) 10. Dallas Drive Drainage, 0.75 acres (located at 700 block of Dallas Drive, next to Akers Towing) 11. Dallas Drive Drainage, 0.25 acre (located between 1019 and 1025 Dallas; begins at Dallas Dr. and ends at Duncan Street) District Four (50 acres) shall consist of the following roadways and drainage channels: L FM 1830 (Country Club Road), 7 acres (begins at US 377 and ends at the Denton city limit) 2. Ryan Road, 9 acres (begins at Teasley and ends at Country Club Rd.) 3. Hickory Creek Road, 8 acres (begins at Country Club Road and ends at Teasley Lane) 4. FM 2181 (Teasley Lane), 8 acres (begins at Hickory Creek Road and ends at Denton city limit) 5. US 377 (Fort Worth Drive) Sidewalk, 0.6 acre (begins at Collins and ends at the end of the sidewalk) 6. Interstate 35 Service Road, 0.5 acre (begins at Woodbrook and ends at Conway) 7. 633 Hobson Drainage, 0.25 acre (behind the church at 633 Hobson; starts at Teasley and ends at a dead -end) 8. Robertson Drainage, 17 acres (begins at 339 Robertson and ends at Woodrow underpass) 4 DISTRICT DESCRIPTION AND SOME SPECIFIC REQUIREMENTS: District One US 380 (University) (31 acres) Very wide mowing areas up to 70 + feet in area, steep inclines and declines in areas including bridges, drainage areas, and areas by Lake Lewisville. Extremely long curb lines and sidewalks to be edged with a steel blade edger. Long areas in front of fence lines /tree lines to be mowed or weed - eated. Mixed use of commercial and residential. Extremely high traffic roadway with speeds up to 65 mph or more. 2. FM 2164 (Locust) (7 acres) Has some drainage areas with moderate slopes. Limited shoulder areas. Long stretches in front of fence and tree lines to be mowed or weed - eated. Speeds up to 45 mph. 3. US 77 (Elm) (3 acres) Long stretches in front of fence lines to be mowed or weed -eated and curb lines to be edged with a steel blade edger. Speeds up to 45 mph. 4. Jim Chrystal (14 acres) Some narrow work areas with no shoulders. 30 mph. 5. Shawnee @ US 380 (University) Drainage (1 acre) Wet areas. Moderate slopes. Long stretches in front of private chain link and wood fences to be mowed or weed - eated. 6. Georgetown to Gay (0.75 acre) Wet areas. Moderate incline /decline. High traffic area with speeds at 35 mph. Current construction zone for University. Dktrict Two 1. Mingo Rd (37.5 acres) RAILROAD area. Some drainage areas with steep inclines /declines. A few areas of moderate tree density. Mixed use of commercial and residential. Moderate to high traffic area. Speeds up to 40 mph, with limited shoulder space in some areas. 2. Rail yard (5 acres) RAILYARD AREA. Includes the City Hall East parking lot grassy areas fronting Railroad Street. All supervisors and employees who shall be directly working on the maintenance of the Railroad ROW shall be certified in the Roadway Workers Protection On -Track Safety Program. Training information can be found at www.Railroadcontracting.com. Provide documentation of certification. 3. Marshall Street (0.25 acres) Drainage channel, moderate slopes. Very narrow street. 4. City Hall Main (215 E. McKinney) Drainage (0.75 acres) Wet areas, steep incline /decline. 5 5. 427 Robertson (Vacant city lot) (0.25) Some Bamboo. 6. Prairie Street Drainage (0.25 acre) Narrow street. Moderate slopes. 7. Windsor Drainage (2 acres) Wet areas, moderate slopes. 8. Windsor Drainage (1 acre) Wet areas, moderate slopes to steep inclines /declines. District Three L FM 426 (McKinney) (11 acres) High traffic area. Mixed use of commercial and residential. Long stretches in front of sidewalks and curb lines to be edged with a steel blade edger. In the 800 blk, there is a drainage channel with steep inclines /declines. Speeds up to 45 mph. 2. Loop 288 (17 acres) Very high traffic commercial area. Long curb lines and sidewalks to be edged with a steel blade edger. Moderate slopes to steep inclines /declines in the drainage channels. Speeds up to 55 mph or more. US 377 (Fort Worth Drive) (17 acres) Mostly commercial area. Steep inclines /declines in some areas. Speeds up to 60 mph. 4. Mack Park Drainage (1600 blk of McKinney) (1.75 acres) Wet areas, some moderate slopes to steep inclines. 5. Woodrow Lane Sidewalk (1 acre) High traffic area. Long curb lines to be edged with a steel blade edger. Speeds up to 40 mph. 6. Water Oak Drainage (0.75 acres) Narrow work areas. Long stretches in front of private wood fences to be mowed or weed - eated. 7. Stockton Drainage (behind 2955 Stockton) (0.75 acres) Narrow mowing at the top of a drainage channel. Runs behind private citizens' wooden fences. 8. Baldwin Drainage (1.25 acres) Narrow work areas. Stretch in front of private wooden fences to be mowed or weed - eated. Moderate slopes to steep inclines /declines. Mostly concrete drainage channel requiring no maintenance. 9. Dallas Drive (3 acres) High traffic area. Mixed use of commercial and residential. Moderate slopes. Long stretches of curb lines to be edged with a steel blade edger. Speeds up to 45 mph. 10. Dallas Drive Drainage (700 blk) (0.75 acres) Moderate incline /decline. 11 11. Dallas Drive Drainage (1000 blk) (0.25 acres) Moderate slopes. Short stretch in front of chain link fence to be mowed or weed - eated. District Four L FM 1830 (Country Club Rd) (7 acres) No shoulder areas. Some moderate slopes in drainage areas. Long stretches in front of fence lines and tree lines to be mowed or weed - eated. Speeds up to 55 mph or more. 2. Ryan Rd (9 acres) Long stretches in front of fence lines to be mowed or weed - eated. Moderate slopes in drainage areas. Speed limit of 30 mph. 3. Hickory Creek Rd (8 acres) Long stretches in front of private wooden fence line to be mowed or weed - eated. Very narrow work spaces in some locations. Speeds up to 30 mph. Very narrow work areas and shoulders in areas along the roadway. 4. FM 2181 (Teasley Lane) (8 acres) High traffic area. Mixed use of commercial and residential. Moderate slopes. Construction is underway for widening the roadway at the very southern section. Speeds up to 45 mph. 5. Sidewalk on US 377 (Fort Worth Drive) (0.06 acres) High traffic area, speeds of 35 mph. 6. Interstate 35 East Service Road Drainage — (0.5 acres), Moderate slopes. Narrow work areas. Construction zone from I -35 Express project. 7. 633 Hobson Drainage (0.25 acres) Wet areas. Moderate slopes to steep inclines /declines. 8. Robertson Drainage (17 acres) Steep inclines /declines. 3 acres of the site is concrete channel with grass growing through joints. This concrete channel shall need to be weed - eated and sprayed with an aquatic -safe weed killer. No heavy equipment is allowed in the concrete portion of this channel. Hand -held equipment only for trimming and spraying. 7 The following right -of -way (ROW) maintenance schedule is to acquaint the bidder with the probable volume of work, but does not establish a minimum or maximum workload for the contract period. Work load may be adjusted by the City Representative on an as- needed basis. Note: Calendar weeks may vary during each year. A month is equivalent to a four -week or five- week timeframe and shall be adjusted each calendar year. ROW MAINTENANCE SPECIFICATIONS AND REQUIREMENTS: A. INITIAL CLEAN -UP OF SELECT RIGHTS OF WAY — All Districts The right of way areas, jointly identified by the City and the Contractor, which have not previously been maintained may require initial clean -up service, e.g. brush hog, heavy duty brush mower, etc. The initial clean -up service may also be required on curbs, gutters, and sidewalks with excessive run off dirt or vegetation build up due to previous lack of service. Upon the City's authorization, the Contractor shall perform the initial clean -up service on the identified areas and charge the initial clean -up fee. Charges for specific initial clean -up work shall be provided on the pricing sheet (Exhibit 1) as Items 448 and 449. B. MOWING AND ASSOCIATED MAINTENANCE - All Districts 1. For all mowing and associated maintenance operations, the Contractor shall provide traffic control in compliance with the latest edition of the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD) and the "Traffic Control Standards Sheets" (TCSS.) Any variation shall be approved by the City Representative. Equipment shall not be left within thirty (30) feet of any travel lane of any roadway during non - working hours. H: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1. Debris and litter removal 4 4 3 2 2 3 2 2 3 2 2 4 2. Herbicide Control 1 1 1 1 1 3. Mowing (includes weed eating, edging, litter and debris removal) bi- weekly or as required by City - - 2 2 2 2 2 2 2 2 2 - Note: Calendar weeks may vary during each year. A month is equivalent to a four -week or five- week timeframe and shall be adjusted each calendar year. ROW MAINTENANCE SPECIFICATIONS AND REQUIREMENTS: A. INITIAL CLEAN -UP OF SELECT RIGHTS OF WAY — All Districts The right of way areas, jointly identified by the City and the Contractor, which have not previously been maintained may require initial clean -up service, e.g. brush hog, heavy duty brush mower, etc. The initial clean -up service may also be required on curbs, gutters, and sidewalks with excessive run off dirt or vegetation build up due to previous lack of service. Upon the City's authorization, the Contractor shall perform the initial clean -up service on the identified areas and charge the initial clean -up fee. Charges for specific initial clean -up work shall be provided on the pricing sheet (Exhibit 1) as Items 448 and 449. B. MOWING AND ASSOCIATED MAINTENANCE - All Districts 1. For all mowing and associated maintenance operations, the Contractor shall provide traffic control in compliance with the latest edition of the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD) and the "Traffic Control Standards Sheets" (TCSS.) Any variation shall be approved by the City Representative. Equipment shall not be left within thirty (30) feet of any travel lane of any roadway during non - working hours. H: Page 660 2011 Edition - Revision 2 Notes for Figure 611-1— Typical Application 1 Work Beyond the Shoulder Guidance: 1. If the work space is in the median of a divided highway, an advance warning sign should also be placed on the left side of the directional roadway. Option: 2. The ROAD WORK AHEAD sign may be replaced with other appropriate signs such as the SHOULDER WORK sign. The SHOULDER WORK sign may be used for work adjacent to the shoulder. 3. The ROAD WORK AHEAD sign may be omitted where the work space is behind a barrier, more than 24 inches behind the curb, or 15 feet or more from the edge of any roadway. 4. For short -term, short duration or mobile operation, all signs and channelizing devices may be eliminated if a vehicle with activated high- intensity rotating, flashing, oscillating, or strobe lights is used. 5. Vehicle hazard warning signals may be used to supplement high - intensity rotating, flashing, oscillating, or strobe lights. Standard: 6. Vehicle hazard warning signals shall not be used instead of the vehicle's high - intensity rotating, flashing, oscillating, or strobe lights. Sect. 6H.01 December 2011 The bottom of the sign cannot be less than one foot (1') above the pavement centerline elevation. Each sign shall have two safety flags attached to it at all times. It shall not be permissible to hang or lean these signs on or against the State's sign posts, guardrails, bridge rail, etc. "Mowers Ahead" sign is intended for use in advance of mowing operations on the progress to keep within two (2) miles or less from the work area. All sign stands and safety flags shall be provided by the Contractor. SEE ATTACHED DIAGRAM (Exhibit 4 - Figure 611-1. Work Beyond the Shoulder (TA -1)). 2. Fence lines, tree lines, brush and shrub lines are all identifying markers that designate the boundary between public and private property. Rights -of -way are to be mowed to these markers. If a fence is situated behind a tree, brush or shrub line, mowing shall be performed to the fence. The ground located between trees, shrubs and bushes shall be mowed. See attached Diagrams A and B (Exhibit 5). 3. The mowing of specified turf areas shall include the mowing, weed eating and edging of all vegetation within each area. A cutting height of three to four inches (3" to 4 ") is required. Upon site inspection, the City Representative shall determine if the mowing height requirement is p] being met. All vegetation in the rights -of -way, including wet areas, ditches, etc., shall be cut by either mowing or hand - trimming to the specified height. It is strongly recommended that vegetated areas with standing water be hand - trimmed using a weed eater to prevent ruts. If ruts occur, they must be addressed by the Contractor —see F. General Maintenance and Cleanup #3. It shall be the responsibility of the Contractor to determine which method shall be used, and to furnish sufficient personnel and equipment to satisfactorily complete the work in a three (3) day timeframe, EXCEPTION: Only hand -held equipment may be used for the three acres of concrete channel in the Robertson drainage way. Where specified, there shall be designated `no mow' areas during wildflower season (approximately March – May.) These areas shall be marked by the City of Denton with appropriate signs. In designated "no mow" areas, all roadways shall receive ten feet (10') of strip mowing along the roadway edge or paved shoulder. Hand - trimming shall be required around all fixed objects within a "no mow" area. Edging the curb line with a steel blade edger is still required in "no mow" areas. Litter and debris (including dumped items and signage) shall be removed by the Contractor prior to mowing. Clippings shall not be collected and removed from the site after each mowing. Exception: First contracted mowing maintenance cycle, if needed. Clippings shall not be blown into the street. 4. Bruising or rough cutting of grass shall not be permitted. Mowers shall also be adjusted and operated so that the grass is cut at a uniform height. At no time shall it be permissible to raise mowing height unless authorized by the City Representative. 5. Trimming and /or string line trimming operations shall include cutting all grass /weeds along walls, concrete flumes, mow strips, fences, median barrier walls, bridge abutments, guard rails, drainage tunnels /pipes, sidewalk cracks /joints, street joints, or any object within or immediately adjacent to maintained areas. In narrow areas that do not allow for the passage of a mower, string line trimmers may be used with prior approval from the City Representative. 6. Edging of defined curb lines and sidewalks shall be accomplished either with a steel -blade stick edger or a tractor -drawn curb - edging device. In case of excessive build -up of dirt or vegetation, which shall not allow proper usage of the steel -blade stick edger or a tractor -drawn curb - edging device, Section A – Initial Clean -up of Select Rights of Way shall apply. 7. All work shall be measured by the cycle. A cycle is defined as the activity necessary for performing all work within the rights -of -way and project limits, one time. Mowing cycles shall be completed within three (3) consecutive working days. C. LITTER AND DEBRIS REMOVAL (including signage) – All Districts 1. During the growing season, stand -alone litter and debris removal cycles shall be performed during alternate weeks when mowing is not performed, and weekly during the non - growing season unless inclement weather or holidays alter this schedule. 10 2. This item shall govern the pickup and disposal of litter and debris. Such items include, but are not limited to scrap metal, rags, paper, wood, discarded building material (sheetrock, lumber, etc.) brush and limbs, brush piles and tree limb piles up to two (2) cubic yards (Contractor may request an onsite visit by the City Representative to verify the size of the pile), plastic, glass, rubber products (including tires and tire parts), and signage. Contractor may contact the City Representative for clarification on removal of a particular sign. Use of a rake shall be required in cases where the trash is embedded in the grass or dirt. The initial clean -up service may also be required for areas with excessive litter and debris accumulations due to lack of previous service. Upon the City's authorization, the Contractor shall perform the initial clean -up service on the identified areas and charge the excessive litter and debris removal fee. The excessive litter and debris removal fee shall be included on the pricing sheet (Exhibit 1) as Item 449. 3. On occasion, Contractor shall be required to remove a piece of furniture, an appliance, a mattress, etc. during a cycle. The removal of dumped item(s) fee shall be included on the pricing sheet (Exhibit 1) as Item 447. 4. Where tree /brush/shrub lines are the boundary line for the litter /debris pick up area, the Contractor shall remove items an additional three (3) feet beyond that boundary line, where possible. 5. Where tree /brush/shrub lines are in front of a fence, the fence shall be the boundary line for the litter /debris pick up area. Contractor shall remove items an additional three (3) feet beyond that boundary line, where possible. 6. The Contractor shall furnish all litter bags, tools, hard hats, safety vests, rubber boots, gloves, transportation to and from the work area, and all other safety materials or devices necessary to perform the work in a safe and orderly manner. 7. All vehicles used in transporting litter shall be equipped so as to prevent the accumulated litter from being strewn along the roadway. 8. Vehicles shall be equipped with highly- visible Omni - directional flashing amber light(s), and Contractor's identifying signage shall be displayed on all vehicles at the worksite. 9. Bagged litter and debris shall be removed from the rights -of -way the same day of collection unless otherwise approved by the City Representative. 10. All litter and debris collected by the Contractor shall be disposed of at a certified landfill. The cost of disposal shall be added into the per acre maintenance cost. 11. The Contractor shall not be responsible for the removal of dead animals. It shall be the Contractor's responsibility to notify the City Representative of any items that require special handling. Please contact the City Representative with a location so that Animal Services may be notified. 11 12. All work shall be measured by the cycle. A cycle is defined as the activity necessary for performing all work within the rights -of -way and project limits, one time. Litter and debris removal cycles shall be completed in three (3) consecutive working days. D. TREE TRIMMING — All Districts 1. All tree trimming shall be performed by or under the site supervision of an ISA Certified Arborist. Pruning shall be done by thinning and shaping to achieve a natural appearance. Excessive pruning or stubbing back shall not be permitted. All pruning cuts shall be made whereby a collar is left at the cut. Trees shall be cleanly cut with no tearing of the bark. All dead or damaged branches shall be removed from the site and disposed of properly. The trees in this scope of work are the existing mature groves of trees located in the rights -of -way along Mingo Road, parallel to the railroad tracks. The purpose of the trees in this area is to serve as a buffer between the community and the railroad tracks. The trees are to appear from the Mingo Road vista as natural groves; pruning should be managed so as to achieve this outcome. Contractor may sublet this portion of the contract with the pre - approval of the City Representative. 2. Hazard Reduction Pruning techniques should be used on these Mingo Road tree groves in order to maintain a clearance of 15 feet (15') over the roadway and to maximize sight line clearances for the motoring and pedestrian public. 3. Tree removal does not require an ISA certified Arborist. 4. If trees are required to be removed, the stumps shall be ground. 5. The City of Denton Forester shall pre- approve all tree removals. E. HERBICIDE APPLICATION — All Districts 1. Apply pre and post emergent for grassy and broadleaf weeds, both perennial and annual, on an as needed basis mutually determined by the Contractor and the City Representative. 2. All cracks in sidewalks, curbs, street gutters and other paved areas shall be kept weed free at all times through the use of Glyphosate applications. Weeds /grass growing in the expansion joints, within two (2) feet of the edge of the paved surface, shall be removed or treated with an approved herbicide as needed. Herbicide applicator shall be licensed by the Texas Department of Agriculture. 3. Pre - emergent compounds such as Pre -Em or compounds containing pendimethalin, such as Pendulum, Prodiamine, or Barricade shall be acceptable choices in instances where pre- emergent herbicides are requested. 4. Contractors may use Primo or a similar growth regulating agent to address difficult weed - eating locations or to control vegetation in areas where a bare ground result is not desired. This 12 application is at the option of the Contractor; however, it shall be at the Contractor's expense and shall be pre- approved by the City Representative. 5. The use of Trimec or any product containing 2, 4, D is not acceptable. F. GENERAL MAINTENANCE AND CLEANUP — All Districts 1. All excess clippings, trimmings, cuttings, dirt, litter and debris resulting from work performed shall be promptly removed from the site. This includes removal from the sidewalk, curb and gutter. 2. Sidewalks, curbs, and gutters shall be maintained free of clippings, trimmings, cuttings, dirt, litter and debris. This includes accumulated dirt and vegetation on all sidewalks which are part of the right -of -way, including sidewalks on bridges, e.g. Loop 288 and US 380 (University Drive). 3. Any ruts in excess of 3/4" in the turf areas created by Contractor shall be repaired by the replacement of top soil to bring the area back to original grade. Top soil is available from the City. 4. Regular communication with the City Representative to advise of any problems related to overall rights -of -way maintenance is required. If the individual acting as the contract supervisor /crew leader changes, the City Representative shall be notified. 13 lU O N lU N i an 0 0 on � U � C a'' f0 t .� f0 C W lU O N lU N i 4-J U 4) 0 c O 4-J m N CU I 4- O 1 4-+ buo U W 4-+ c O CL O L- CL E tv0 O U E E O U C6 11 ca a� W Q 0 V 4A .E O 0- D ca Q Li s 0 V V Q a-+ Vf �. E E N � � 4-J U N � J O 4-J � 4-J C6 4-J 4-J U _ =3 4-J 'U m Q,) O V ca � C 0 U O (,Q O oC l"1 O C*4 4-J . S 0 I— LF- 'u C: •— 0 N ca _0 a) i �'j � O_ O M O V i �C Q W 4-J U. to L O 4-J C6 L 4-J c M NM L • C.0 O i O E w • Ln U N O L- 0- O N O 4- O WWI to C6 to to N to U C6 N E E 0 �U O V) • U N 0 Q • • • • 11 O City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -082, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ACM: Jon Fortune DATE: January 26, 2016 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the creation and implementation of Small Area Plans and the creation of a Small Area Plan for the Fry Street area. BACKGROUND L Denton Plan 2030 and Small Area Planning The Denton Plan 2030 was adopted in February 2015 and is the framework by which the city manages growth, promotes reinvestment, and improves the quality of life for citizens for the next two decades. The Land Use chapter specifically highlights the need for compact and balanced growth that has a purpose within the goals of the city. Small Area Planning is a logical extension of a city's Comprehensive Plan in order to achieve a balanced growth pattern. Small area planning allows long term planning for areas that have major development opportunity or are experiencing imminent land use changes, areas that face deterioration or abandonment, or areas that need to plan for the introduction of specific uses such as a mixed use development, logistics and industrial center, or business innovation. The process for Small Area Planning allows for community members and stakeholders to provide input, create a shared vision, and influence future development policies for a specific area. Small Area Planning gives the city the ability to address a localized challenge across city departments and creates public support for implementing a plan of action. A Small Area Plan is a document that provides guidelines for specific policy actions in concert with the vision of the Denton Plan 2030 and with the community vision drafted in the Small Area Plan. The Small Area Plan can identify needs for new Overlay Districts within the plan, identify areas for city- initiated zonings, identify other code amendments, and call for Capital Improvement Projects to be focused in the area. IL Growing Need for a Small Area Plan in the Fry Street Area The greater Fry Street Area has been identified as the first area that will participate in a Small Area Plan. Since the adoption of the Denton Plan 2030, the Planning Division has seen an increased level of development queries and applications that are located in the Fry Street Area which is within the Neighborhood/University Compatibility land use area. The Neighborhood/University Compatibility future land use designation applies to City of Denton Page 1 of 3 Printed on 1/21/2016 File #: ID 16 -082, Version: 1 residential and commercial areas adjacent to the University of North Texas (UNT) and Texas Women's University (TWU). The purpose of the Neighborhood/University Compatibility designation is to ensure that existing neighborhoods and additional university facilities and housing is of compatible form and density to serve both the abutting single family neighborhoods and the university. Small area plans are especially encouraged within the Neighborhood/University Compatibility designation to introduce development standards to achieve compatibility (Denton Plan 2030, pg. 195). A Small Area Plan for the Fry Street area was adopted in 1999 in order to: • identify infrastructure needs, • ensure that future development was compatible with the surrounding neighborhoods, • identify a plan for parking, and • ensure the safety of all Fry Street property owners, residents, and visitors. Since the adoption of that Small Area Plan, only a few of those action items have been implemented, such as the creation of the Fry Street Overlay District and improvements to solid waste centralized locations. Overall, the 1999 Fry Street Small Area Plan was never fully implemented or updated to reflect changing conditions such as new residential and commercial growth in the area. This has put a strain back onto the infrastructure and parking needs of the area. The boundaries of the Small Area Plan study area are provided in Exhibit 2. This study area includes the current Fry Street Overlay District and areas situated adjacent to single family residential neighborhoods. The base zoning for these areas is predominately Downtown Residential -2 (DR -2) and Downtown Commercial - General (DC -G) Districts, but also includes Neighborhood Residential Mixed Use (NRMU) and NRMU -12 Districts. This area is also susceptible to change, as the predominant land use is multifamily residential and commercial. An externality of changing uses is a fluctuation in parking requirements. A concern presented at several neighborhood meetings for development projects in these areas has been spillover parking from UNT into the historic districts and single family neighborhoods north of UNT. The new Small Area Plan will identify and prioritize those challenges and concerns in order to set expectations for the future development of the area. This project boundary, predicated on the future land use designation and base zoning districts, calls for a natural transect of land uses, density, character, and architectural standards that can only be created through the implementation of a Small Area Plan. III. Small Area Plan Process Project Management of the Small Area Planning process will be led by the Long Range Planning arm of the Department of Development Service's Planning Division. Community input is an essential element of the Small Area Planning process. A Steering Committee, nominated by the City Council, will be instrumental to the necessary and important input of the Denton Community. Planning staff is proposing that each City Council member nominate two individuals for consideration. One individual from each Councilperson will be selected from the pool of nominations. The Steering Committee will comprise of seven members. The Steering Committee will aid in crafting the Small Area Plan Vision Statement and will be an advocate of the Small Area Planning process. Nominations for the Steering Committee should be individuals that will best represent the area. A cover sheet and nomination application has been included in Exhibit 6. Nominations for the Steering Committee should be returned to Planning Division no later than Friday, February 12, 2016 at 5:00 p.m. A selection committee will review the applications and select the Steering Committee. The Steering Committee will be announced at the February 23, 2016 City Council Meeting. City of Denton Page 2 of 3 Printed on 1/21/2016 File #: ID 16 -082, Version: 1 A draft work plan has been provided in Exhibit 5. There are two phases that will facilitate the project. The first phase involves initial community input, visioning, data collection, and the drafting of the Small Area Plan. Community input and participation is crucial to the drafting of the Small Area Plan, and ultimately its implementation. Once the creation of the Steering Committee is achieved, a Kickoff Community Meeting will occur in March, followed by a neighborhood workshop in April. Throughout the first phase the Steering Committee will meet regularly, meeting in March, April, and May. In addition to the Steering Committee, there will be a Technical Group formed to ensure coordination and implementation between City departments. The second phase is to collect feedback on the draft from the community, Planning and Zoning Commission, and the City Council. By August, the draft Small Area Plan will be available for feedback and the Public Hearing process will be initiated for adoption in December 2016. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.1 Develop targeted policies and incentives to achieve desired economic growth FYHIRITC 1. Comprehensive Plan Goals 2. Fry Street Small Area Plan Boundary 3. Area Zoning 4. Area Future Land Use Map 5. Fry Street Small Area Work Plan Draft 6. Steering Committee Nomination Application Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Sophie Huemer Associate Planner City of Denton Page 3 of 3 Printed on 1/21/2016 Comprehensive Plan Goals Reference Sheet 2 LAND USE Goal LU -2: Achieve re- investment, revitalization, and redevelopment of key growth Centers and Corridors. Policies and Actions 2.7.1 Create Neighborhood /University Compatibility Area Small Area Plans with UNT and TWU, and coordinate them with the Downtown Compatibility Small Area Plan and the updated Downtown Implementation Plan (HN 7.1.4) (Pg. 41) 2.7.3 Create development standards for urban design, streetscape, scale, and architectural character applicable for the Neighborhood /University Compatibility Area future land use designation based on the proposed Neighborhood/ University Compatibility Area Small Area Plan. (pg. 41) 2.8.1 Create Small Area Plans for priority centers and corridors, consistent with the Focus Areas Concept (Figure 4.1) (HN 7.1.6, CC 4.12.3) (pg. 42) Goal LU -6: Grow with Balance: Establish land use designation that respond to the growing needs and character specifications of the Denton Community. Policies and Actions Neighborhood /University Compatibility Area Development Criteria: a. The Neighborhood / University Compatibility Area should provide a gradual transition in scale, use, character, and intensity between the universities and surrounding neighborhoods. b. Typical uses include moderate density residential, neighborhood - serving retail, restaurants, commercial and office, that can serve both students and neighborhood residents and university students. c. Uses that may result in noise or traffic impacts on residential neighborhoods should be located strategically to minimize conflicts. d. The university master plans and facilities departments should be consulted for any new development occurring in these areas. e. Development should encourage uses that are in close proximity to one another to encourage walking and bicycling. f. Development shall address the public realm and contribute to a vibrant environment for pedestrians and bicycles. g. Development should preserve historic structures and features wherever possible. h. Places of worship, schools, and parks and open space are allowed by right. i. Proposals should trigger coordination between the university entity, City of Denton, and affected community residents in order to ensure that future development is sensitive to the goals of the community, the university, and the overarching goals of Denton Plan 2030. j. The character of this area should be maintained by ensuring that new development is sensitive to the surrounding built and natural context in scale and form as described above. k. Development shall adequately address parking needs and mitigate the impact to adjacent neighborhoods. 4 COMMUNITY CHARACTER AND URBAN DESIGN Goal CC -4: Create Character: Achieve exemplary urban design in future and existing development throughout Denton's neighborhoods, centers, and land uses. Policies and Actions 4.12.2 Create a Downtown Compatibility Area Small Area Plan and Neighborhood /University Small Area Plans to endure that urban design principles are followed in development projects within those areas (pg. 117) 4.16.7 Partner and collaborate with UNT and TWU to create Neighborhood/ University Compatibility Area Small Area plans to establish specific planning guidelines for areas adjacent to UNT and TWU. (See LU 2.7.1) (pg. 119) 7 HOUSING AND NEIGHBORHOODS Goal HN -1: Develop and maintain a housing stock that meets the needs of all residents with a diverse array of choices in type, cost, and location Policies and Actions Downtown and University Housing: Small Area Plans are needed for the Downtown and Neighborhood/ University Compatibility Areas to identify items such as: redevelopment targets, incentives for reinvestment, infill, and homeownership; land use and housing mix; compatibility and scale; parking policy; walkability; and transit access. 7.1.5 Partner and collaborate with the universities to establish protocols for joint city — university planning within the Neighborhood /University Compatibility Areas, focusing on issues such as: (LU 2.7.2) • Creation of redevelopment target areas surrounding blighted properties • Regulation of on- street and off street parking (M 6.10. 1) • Pedestrian and bicycle improvement (M 6.14) • Community gathering places and open space (CC 4.10.2) 7.1.6 Create Small Area Plans for key centers and corridors. (LU 2.8.1, CC 4.12.3) 7.1.7 Establish additional Overlay Districts to apply revised development standards tailored to specific centers and corridors. (LU 2.8.2, CC 4.12.5) Figure 4.1 Center Focus Area Branding Station F Corridor Focus Area Municipal Boundaries Gateway Focus Area City of Denton Travel Center Focus Area ETJ a m m SINnovy (D (D ..................... . . . ....... 0 (D Cl) .. .. .. .. .. .. ............ .. _ ................ .. .. .. .. .. 0 (A "I .......... .. .. .. .. ---------- Lu-11111"(D .. LL La "I,"", cn cn z . ....................... .. .. .. .. .. D11V . ........ 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I �fl m H �" 1 ,� l' ar 7rle ✓` �✓,� �✓'A l M t� � � ���i�r �,+rri� . u✓'✓+?"r✓o �� jrr� ��'� Low Residential N �`'l WE o ws am ozo r�r Parcels Neighborhood Mixed Use s '. � IIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII� t Roads Neighborhood / University Compatibility Area ��� DENTON '[" Government / Institutional �� ter _` P��uanii����ng I)e1pa��U���nent -P IIS Date: 1/20/2016 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. W r r .,,,,,,,,,,,,, � ,,,,,,,,,,,,,.,,,,,,,,,,, ,� „;,, v 'a 0 N � a �6 a 0 m W m c - LL � t a c u LZOZ / � z ,,.. ,., ° E Y u� ....... . c Q lz , , O � � a -o - ° 0 9ZOZ a a v .o .E s a, N H u @ vWi "c .z O .0 N Z O Y E -N E 0 °E E ' E E E U U u E E E Q m .N o Q o U D a� 0 v v O t0 a+ N N 0 U hp t6 i6 t6 i6 Y 12 � N N V1 N t t0 � H H N a U in Y N Z O O O cc � ti N M Small Area Plan "' Steering Committee LpF DEN TON Application The City of Denton has commenced the creation of a Small Area Plan, a plan that will influence and guide decision making for the proposed study area. This plan will have implications beyond development and determining land use, it will establish the vision for the community and chart a course for achieving that vision. This application is to serve on the Steering Committee. The Steering Committee will provide feedback on the goals, recommendations, and strategies that will be developed throughout the Small Area Planning process. The Small Area Plan will take approximately 12 months to complete and will conclude sometime in late 2016 /early 2017. The Steering Committee will have bi- monthly meetings, attend community events, and host special meetings as needed as part of their responsibility. If you have received this application, it is because a City Council member has nominated you to apply to serve as a key stakeholder on the Steering Committee. A selection group will make the final appointments to the Steering Committee. To apply, appointees must meet one of the following requirements: • Be a resident of the City of Denton; or • Own/operate a business in the City of Denton; or • Be a landowner within the City of Denton. As a Small Area Plan is for a specific geographic area and should be represented by a diverse group intended to represent the ideas, backgrounds and interest of the community, the selection group is recommending that the following stakeholders be represented on the Steering Committee: • Resident within the study area • Property Owner within the study area • Business Owner within the study area • Expert in Real Estate and Development • Expert in Transportation • Expert in Architecture • Expert in Historic Preservation Please complete the Application on the following page, and submit it utilizing one of the three methods listed at the bottom no later than February 12, 2016. Thank you for your interest in serving on this committee. W1, 01 14 1 Small Area Plan Steering Committee Application Name: Date: Home Address: (Street) (City) (Zip Code) Email Address: Phone Numbers: (Horne) (Work) (Cell) Qualified voter of Denton? ❑ yes ❑ no Occupation: (if retired, please indicate former occupation or profession) Have you ever served on a City of Denton board or commission? ❑ yes ❑ no If yes, which one? To apply, appointees must meet one of the following requirements—please check which one(s) apply: ❑ Be a resident of the City of Denton; or ❑ Own/operate a business in the City of Denton; or ❑ Be a landowner within the City of Denton. Please list any special knowledge, education, or experience that qualifies you to serve on the Committee: Professional and /or community activities: Please note: Resolution R2006 -003 "Ethics Policy" states that appointed officials will not be in arrears on any city taxes, utility service charges, or other obligations owed the City. Please return completed application no later than Eebrijary 12, 2016 to: Planning Department (Attn: Sophie Huemer) City of Denton 221 N. Elm St. Denton, Texas 76201 By Email: sophie.huemer @cityofdenton.com By Fax: (940) 349 -7707 (.0 x w a m m .. .. .. .. .. SINnovy (D (D ..................... ....... ... . . . ....... .. .. .. .. . z (D Cl) . .. .. .. .. .. .. ............ .. _ ................ .. .. .. .. .. 0 to LL jj a I .......... . cn cn ..... . D11V . ........ .. .. .. .. .. SINnovy , , ... .. ... ..................... ....... ... . . . ....... .. .. .. .. . z .. .. .. .. .. . .. .. .. .. .. .. ............ .. _ ................ .. .. .. .. .. 0 to ....... ------- .............. ........... . � jj a I .......... . LLJ ------- . . ..................... . ...... ........................... ............. . I i i ............ ........................ ..... . "I ............ ........ . ... ....... 011luv wv .. . .... .. .. . . .................... 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Fi ....... ........ . 0 LLJ O� HJUM V 3AV LLJ 0 ca 2 U_ < C) Co ca 2 (D w < (D co 2 E m w w C) CL CO C)-- LLJ O� HJUM V 3AV LLJ 0 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 16 -102, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ACM: Jon Fortune DATE: January 26, 2015 SUBJECT Receive a report and hold a discussion regarding an amendment to the Rayzor Ranch Overlay District Amendment, Public Hearing item ID 16 -045. BACKGROUND The City of Denton is requesting to amend the procedural and development standards of the Rayzor Ranch Overlay District to facilitate the future development of land uses within the Rayzor Ranch Town Center. The regulating document for the property has been active since June 2010 (Ord. No. 2010 -158). This document includes zoning and general development regulations as well as procedural regulations. In addition, the purposed amendment would eliminate ambiguities between Concept Plan subareas and uses as well as amend any exhibits that conflict with past site plans. The following is a summary of changes being made to the Overlay District: Exhibits to be removed or revised: • B -1 Concept/Schematic Plan: The Concept and Schematic Plan has been modified to reflect current and contemplated development allowed by ordinance. • B -2 Bubble Plan: The Bubble Plan exhibit will be removed to eliminate inconsistencies between the ordinance language and Bubble Plan for land divisions within the RROD. • B -3 Density Zone Plan: Density Zone Plan has been modified to reflect contemplated development. Number of allowable units, density, and trigger requirements based on non - residential development have been left unchanged. • B -5 Marketplace /Cook's /DME Site Plan: The site plan exhibit has been modified to reflect current built conditions. The Concept/Schematic Plan (Exhibit B -1) will become the Concept Plan (Exhibit B) and be amended to incorporate the following changes: • Adjust the RR -2 boundary to include WinCo and potential anchors. • Adjust RR -1 boundary to include Convention Center. • Adjust Hotel/RR/O /MF boundary to conform to the boundaries of Lot 9R, Block A of the Rayzor Ranch Town Center, Phase I). City of Denton Page 1 of 2 Printed on 1/21/2016 File #: ID 16 -102, Version: 1 Amendments have also been made to clarify the criteria for approval for site plans (DDC 35.7.15.2.K. 1 -4). Site Plans are reviewed in accordance with all Denton Development Code (DDC) requirements, as modified by the Rayzor Ranch Overlay District. Permitted uses are governed by subarea (such as RR -1 or RR -2). The following use is clarified in the ordinance to create transparency in the permitted uses. Should a use not be listed in the Rayzor Ranch Overlay District be proposed by an applicant, the Denton Development Code governs: • Major Event Entertainment permitted in RR -1. EXHIBITS 1. SI15 -0016 Presentation Respectfully submitted by: Aimee Bissett Director of Development Services Prepared by: Sophie Huemer Associate Planner City of Denton Page 2 of 2 Printed on 1/21/2016 �U l0 U cj O O N U ko ]. N U �- ca ca [A A �l I V i ®rjpum�!; cr) CL O U gIyaI 0 __,... -- w ±�PF��RS"t- fx"�E'�K )W DENSITY L-------- ---- .a.......... . F-7 o t�.� wuh� HINIIIIIIIII r pk ta City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DENT' IN File #: ID 16 -119, Version: 1 DEPARTMENT: CM/ ACM: Date: Transportation John Cabrales, Jr. January 26, 2016 Legislation Text Agenda Information Sheet SUBJECT Receive a report, hold a discussion and provide staff direction on a proposal to renovate the Old Central Fire Station and examine surface parking options for downtown. BACKGROUND The purpose of this Work Session item is to discuss the status of the Old Central Fire Station located at the intersection of Bolivar and McKinney and consider potential development options to improve services in downtown. As part of a City Council Closed Session discussion in October 2015, staff received direction to review development options associated with the primary tract where Old Central is located and the two additional adjacent tracts on Cedar Street identified as the Rock Lot and Cedar Street Lot. Staff was directed to identify development costs associated with razing the existing structure and providing infrastructure amenities to increase public parking for downtown. As part of the January 12, 2016, Work Session, staff identified planning level cost estimates for three options that included the demolition of Old Central and utilizing the property to provide public parking for the west side of downtown. Staff identified planning level cost estimates for and presented the following three options: Low: Demolish the structure and fill the building foot print with select fill and utilize asphalt millings to create an all- weather parking surface, similar to the old tax office on East McKinney. This option would include enhanced lighting, signage and pavement markings. The planning level estimate for the Low Option is $110,000. This option would be facilitated primarily through City of Denton work force and could be substantially complete by April 1. Medium: Demolish the structure and fill the building foot print with select fill. A two - inch asphalt overlay is contemplated for the existing drive approaches, flatwork and building foot print to create a more aesthetic and consistent parking lot surface. This option will also incorporate enhanced lighting, signage, pavement markings, and landscaping. The planning level estimate for the Medium Option is $250,000. Demolition would be facilitated through City of Denton work force. Overlay, lighting and flatwork would be completed by outside labor and may be substantially complete by May 1. City of Denton Page 1 of 3 Printed on 1/21/2016 File #: ID 16 -119, Version: 1 High: Demolish the structure and fill the building foot print with select fill and utilize asphalt millings to create a temporary parking surface. Initiate a comprehensive design to incorporate the primary tract, Rock Lot and Cedar Street Lot. This comprehensive design contemplates the complete reconstruction of the subject tracts and could also incorporate a Solid Waste revetment to remove dumpsters from Cedar Street. The planning level estimate for the High Option is $525,000. Demolition of the structure would be facilitated through City of Denton work force. Design and construction is contemplated by outside vendor via design, bid, and build process. Demolition and temporary parking surface could be facilitated by April 1 to allow additional parking during festival season while design is completed and the project is publicly bid. The development process for this option is anticipated to take about six months depending on design constraints. In addition to the three options outlined by staff on January 12, Council requested that staff review and consider a Hybrid Option incorporating the Medium Option as outlined above and determine the feasibility of acquiring an adjacent parcel of approximately 7,500 square feet located south of the Old Central parcel. In reviewing the proposed Hybrid Option, staff recognized the benefit of aggregating a larger parcel for long -term development options. Aside from additional demolition costs of the 3,400 square foot structure on the parcel, staff identified two challenges as part of preliminary review of the Hybrid Option that may impact the cost benefit understanding the parcel is approximately 7,500 square feet: 1. Environmental: Staff understands there may be some level of environmental issue relating as the site was formerly utilized in the auto repair industry. The facility is currently occupied by a heating and air conditioning contractor. At present, no official report of the alleged contamination has been located to verify existing conditions. 2. Geographical: The small parcel is a minimum of 36 inches higher in elevation from the adjacent Old Central parcel. This elevation could prove cost prohibitive to incorporate as part of a near -term comprehensive surface lot development. As part of a future long -term parking structure proposal, the elevation could be addressed as part of the design. OPTIONS: 1. Low Option as outlined above. Planning level cost estimate of $110,000. 2. Medium Option as outlined above. Planning level cost estimate of $250,000. 3. High Option: Temporary parking followed by comprehensive design and reconstruction as outlined above. Planning level cost estimate of $525,000. 4. Hybrid Option as outlined above. Planning level cost estimate of $500,000. 5. Take no action at this time. RECOMMENDATION Staff recommends Option 3, High Option. The demolition of the structure, provision of temporary parking and the development of a comprehensive plan and reconstruction of a surface parking lot on multiple parcels. ESTIMATED SCHEDULE OF PROJECT A demolition permit has been issued and all utilities have been capped except for gas. Demolition of the structure could be initiated by mid- February 2016. Should Option 3 be endorsed, temporary parking surface could be in place by April 1. An optimistic schedule for the design, bid, build and process is about six months. City of Denton Page 2 of 3 Printed on 1/21/2016 File #: ID 16 -119, Version: 1 PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 27, 2015, Closed Session. January 12, 2016, Work Session FISCAL INFORMATION Funding from 2015 Certificate of Obligations has been identified to facilitate the recommended option. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: 2. Public Infrastructure Related Goal: 2.5 Develop Capital Improvement Program (CIP) based on community needs. EXHIBITS Area Map - Old Central. Respectfully submitted: Mark Nelson Transportation Director City of Denton Page 3 of 3 Printed on 1/21/2016 T 0 d 3 0 m` 0 U v> T i N O_ O d C O C N O T U City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: ID 16 -092, Version: 1 Agenda Information Sheet DEPARTMENT: DME ACM: Howard Martin, 349 -8232 Date: January 26, 2016 SUBJECT Receive a report, hold a discussion, and give staff direction on the Denton Renewable plan and activities related to the future power supply plans to meet the City's growth and needs. BACKGROUND Over the past five years the City of Denton has secured its place as a national leader in public power by providing 40% wind energy to its customers with no corresponding increase in rates. DME is responding to the future energy needs of its customers with the Renewable Denton Plan, a plan that will enable us to increase Denton's renewable energy from 40% to 70% by the year 2019. Renewable energy has desirable qualities due to a lower environmental impact than other conventional energy sources, and because wind and solar power can be naturally replenished. However, one undesirable quality of renewable generation is that it is intermittent and difficult to predict thereby introducing reliability or financial risks. A reliable source of dispatchable on- demand power is needed and staff has proposed using quick start generation using reciprocating internal combustion engines which would minimize the use of natural gas. This option manages risks while at the same time increasing our renewable energy footprint and providing safe, reliable power without increased rates. DME held a press conference on October 6, 2015, and has been engaging in public outreach by mailers, publishing information via website, and conducting open house meetings with the public on October 19 and 27, 2015, as well as attending Council Members conimunity meetings; and planned a January 23, 2016 public meeting. DME briefed the Council on the feedback and comments at the November 10' meeting and at Council direction will discuss future options during this presentation. DME last briefed the Council on December 1 and 15, 2015; and January 5, 2016. Respectfully submitted: Phil Williams DME, General Manager Prepared by: Smith Day Compliance Manager City of Denton Page 1 of 1 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 16 -107, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding ID 16 -098 of the January 26, 2016 Consent Agenda, as it concerns legal issues associated with that item where a public discussion of this legal matter would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton Page 1 of 1 Printed on 1/20/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 16 -091, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Deliberations Regarding Certain Public Power Utilities: Competitive Matters - Under Texas Government Code Section 551.086. Receive a presentation from Denton Municipal Electric staff ( "DME ") regarding public power competitive and financial matters pertaining to plans, strategies, opportunities, and developments for generation improvements to the DME system; discuss and deliberate strategies regarding same; discuss and deliberate opportunities and strategies for the City to acquire purchased power and enter into agreements regarding the same, in order to meet its future energy needs. Discuss, deliberate and provide Staff with direction. City of Denton Page 1 of 1 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON File #: ID 16 -097, Version: 1 Legislation Text Agenda Information Sheet SUBJECT Deliberations Regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, discuss, deliberate and provide staff with direction regarding the potential acquisition, exchange, lease or value of real property located generally in the 200 block of West Hickory and the 200 block of West Mulberry in the City of Denton, Denton County, Texas. Consultation with the City's attorneys regarding legal issues associated with the potential real property matter where a public discussion of these legal matters would conflict with the duty of the City's attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or would jeopardize the City's legal position in any administrative proceeding or potential litigation. City of Denton Page 1 of 1 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com DEN'FON Legislation Text File #: ID 16 -132, Version: 1 Agenda Information Sheet SUBJECT Consultation with Attorneys - Under Texas Government Code Section 551.071. Consult with City's attorneys regarding legal issues associated with the Rayzor Ranch Overlay District zone where a public discussion of these legal matters would conflict with the duty of the City's attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of Denton Page 1 of 1 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -096, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Development Services CM/ ACM: Jon Fortune Date: January 26, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving an Office Lease between the City of Denton and 4SR Mulberry, LLC, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date. BACKGROUND On June 30, 2015, the City Council held a meeting at City Hall West which included a Work Session regarding the Development Services Department. The meeting agenda included a tour of City Hall West, and a discussion regarding organizational structure, capacity and workload, and priorities of the department for the coming year. At that meeting, the City Council directed staff to look into the option of leasing space to relocate department staff from City Hall West. On August 11, 2015, the City Council held a Work Session to discuss the cost - benefit of leasing space instead of remaining in City Hall West. City Council directed staff to pursue lease options. On September 15, 2015, the City Council adopted the Fiscal Year 2015 -16 Budget which included a funding allocation for a lease of space to commence on July 1, 2016. The Budget also included a reallocation of funds intended for maintenance of City Hall West to improving the parking lot at Exposition Street instead. On October 20, 2015, the City Council held a Work Session to consider two proposals for a lease of space. City Council selected the proposal for leasing property located at 215 West Hickory and 216 West Mulberry. This agenda item is to consider approval of an Office Lease of approximately 24,853 square feet at 215 West Hickory and 216 West Mulberry and associated agreements (details below). The basic terms of the Office Lease (Consent Agenda File ID 16 -096) and supporting documents are as follows: • A seven year term at a lease rate of $16 per foot, plus actual operating expenses • A three year renewal option at the conclusion of the initial term • Exclusive use of the parking lot associated with 215 West Hickory Use of the surrounding parking lots under same ownership to provide public parking during non- City of Denton Page 1 of 3 Printed on 1/21/2016 File M ID 16 -096, Version: 1 business hours (for a total of approximately 210 parking spaces made available to the public during non - business hours) • All furniture remains in the buildings for use by City staff • A 3% rate increase after 36 months, and a 3% rate increase after five years • A separate Right of First Refusal Agreement to purchase the property in the event that the property owner wishes to sell (Consent Agenda File ID 16 -158) • A separate Subordination, Non - Disturbance and Attornment Agreement to ensure that in the event of a foreclosure on the property, the Office Lease remains in full force and effect (Consent Agenda File ID 16 -159) At the time of writing, the Office Lease and associated documents were still being finalized. They will be provided to the City Council under separate cover by Friday, January 22nd. OPTIONS 1. Approval 2. Direct staff to negotiate changes 3. Denial RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT Lease term commences July 1, 2016 PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 30, 2015 - Work Session discussion August 11, 2015 - Work Session discussion September 15, 2015 - Approval of FY15 -16 Budget October 20, 2015 - Work Session discussion FISCAL INFORMATION Lease rate is $16 per foot annually for a total annual cost of $397,644 plus operating expenses. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.3 Promote a buisness - friendly environment A lease of office space for the Development Services Department will facilitate a better customer - service experience for businesses seeking to develop in Denton, and will create a collaborative work environment to enhance organizational efficiencies and service delivery. City of Denton Page 2 of 3 Printed on 1/21/2016 File M ID 16 -096, Version: 1 EXHIBITS (under separate cover) 1. Draft Office Lease 2. Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services City of Denton Page 3 of 3 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -109, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: City Manager's Office CM: George C. Campbell Date: January 26, 2016 SUBJECT Consider approval of a resolution of the City of Denton, Texas authorizing the prohibition of open carrying handguns into meeting rooms during certain open meetings and providing for an effective date. BACKGROUND During the 2015 Legislative Session, the Texas Legislation passed House Bill (HB) 910 which allows a licensed holder to "open" carry a handgun. This HB became effective January 1, 2016. State law prohibits the carrying of handguns in certain places, including on the premises of any government court or offices utilized by the court. HB 910 allows for further restrictions including, but not limited to, carrying into any meeting of a governmental entity that is subject to the Open Meetings Act if proper notice is given under the law. In accordance with State law, the City Manager is recommending to post signs at the entrance to any meeting room for which an open meeting of a governmental entity subject to Chapter 551 of the Texas Government Code is being held, giving notice that any person licensed under Subchapter H, Chapter 411, is prohibited from openly carrying a handgun into the meeting room(s) while the meeting is being held. The signs will be printed in English and Spanish and will read as follows: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, a Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly." STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family - Friendly Community City of Denton Page 1 of 2 Printed on 1/21/2016 File M ID 16 -109, Version: 1 Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1 - Resolution Respectfully submitted: Carla Romine - Haggmark Director of Human Resources City of Denton Page 2 of 2 Printed on 1/21/2016 S:A Legal \Ourpocuwnents \Resolutions\1 6\ CouncilChambersWeaponResolution .doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE PROHIBITION OF OPEN CARRYING HANDGUNS INTO MEETING ROOMS DURING CERTAIN OPEN MEETINGS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the 2015 Legislative Session, the Texas Legislation passed House Bill 910 which allows a licensed holder to "open" carry a handgun; and WHEREAS, House Bill 910 authorized City Councils to adopt policies to prohibit the carrying of handguns into meeting rooms during open meetings subject to Chapter 551 of the Texas Government Code; and WHEREAS, Chapter 46 of the Texas Penal Code permits governmental entities to post notices prohibiting the carrying of handguns in any meeting room for which an open meeting of a governmental entity subject to Chapter 551 of the Texas Government Code is being held, by giving notice that any person licensed under Subchapter H, Chapter 411, is prohibited from openly carrying a handgun into the meeting room(s) while the meeting is being held; and WHEREAS, the City Council wishes to prohibit open carry of handguns in any open meeting of a governmental entity subject to Chapter 551 of the Texas Government Code; NOW THEREFORE: THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. In accordance with State law, the City Manager is authorized to post signs at the entrance to any meeting room for which an open meeting of a governmental entity subject to Chapter 551 of the Texas Government Code is being held, giving notice that any person licensed under Subchapter H, Chapter 411, is prohibited from openly carrying a handgun into the meeting room(s) while the meeting is being held. The signs will be printed in English and Spanish and will read as follows: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, a Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly." SECTION 2. This Resolution shall be effective from its date of adoption. PASSED AND APPROVED this the day of , 2016. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY m. APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTOR EY BY: Page 2 of 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -085, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Engineering Services CM/ ACM: Jon Fortune Date: January 26, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, prohibiting left turns for any vehicle, except school buses, travelling southbound on Swisher Road at its intersection with Pockrus Paige Road on school days from 7:00 AM until 8:00 AM and from 2:30 PM until 3:30 PM; providing an exception for Denton Independent School District buses; providing a repealer clause; providing a savings clause; providing a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. The Traffic Safety Commission recommends approval (5 -0). BACKGROUND Student drop -off and pick -up traffic at the rear of Pecan Creek Elementary School is creating significant congestion for short times at the intersection of Swisher Road and Pockrus Paige Road. Traffic backs up from within the school drop -off and pick -up area through the intersection of Swisher and Pockrus Paige. Southbound traffic along Swisher, desiring to turn left at Pockrus Paige Road into the school drop -off and pick- up area, also backs up; prohibiting southbound traffic on Swisher from accessing westbound Pockrus Paige and exiting the neighborhood area. This situation was brought to the City's attention recently by residents along Swisher Road. DISCUSSION Engineering and Police Traffic staff have met with the citizens, Denton Independent School District's (DISD's) safety representative, and the Pecan Creek Elementary Principal. Pecan Creek Elementary plans to re -issue its "back" and "front" drop -off and pick -up passes, based on geographic location of the students' homes, which will help even out the traffic between the front and back drop -off and pick -up areas and alleviate some of the congestion problem. DISD plans to request funds for adding pavement in the rear drop -off and pick -up area, which would allow two lanes of vehicles and help alleviate the congestion. However, neither of these two solutions will occur before next school year (late August 2016). The citizens suggested a 3 -Way Stop condition and restricting south -bound Swisher Road turns into the school rear area at Pockrus Paige Road. It's apparent that there is not enough traffic on Swisher to warrant a 3 -Way Stop, in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). However, the left -turn restriction does have merit, if applied during school zone hours (hours of drop -off and pick -up). With the left - turn restriction, parents wishing to drop -off or pick -up their children from the rear of the school would be restricted to using Pockrus Paige to approach the school, eliminating the additional congestion caused by south- City of Denton Page 1 of 3 Printed on 1/21/2016 File #: ID 16 -085, Version: 1 bound vehicles on Swisher desiring to turn left into the school area and preventing vehicles behind them from existing Swisher to Pockrus Paige. Denton Independent School District buses would be exempt from this restriction. OPTIONS 1. Adopt the proposed ordinance to restrict left turns, except for school buses, from southbound Swisher Road at Pockrus Paige Road during elementary school zone hours. 2. Amend the proposed ordinance to restrict left turns from southbound Swisher Road at Pockrus Paige Road at all times. Maintain current conditions at the identified intersection. RECOMMENDATION Option 1 - Staff recommends adoptions of the ordinance as proposed. ESTIMATED SCHEDULE OF PROJECT Turn restriction signage would be posted within 30 days, once formal notification has been posted in the Denton Record Chronicle. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Traffic Safety Commission was briefed at their January 4, 2016 meeting and voted 5 - 0 to recommend the proposed ordinance to the Council. FISCAL INFORMATION Signage, labor and related costs are estimated at less than $1,000 and would be covered by existing Operational Budget funding. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Optimize resources to improve quality of City Roadways EXHIBITS 1. Location Map 2. Proposed Ordinance Respectfully submitted: John T. Davis, PE City of Denton Page 2 of 3 Printed on 1/21/2016 File M ID 16 -085, Version: 1 Director of Engineering Services City of Denton Page 3 of 3 Printed on 1/21/2016 h rwm d by I cx:ls i''I r m x W EXHIBIT c:hisers\ 2375578 \appdata \local\inicrosoft \windows \teinporary internet files \content.outlook \Owv27n m7 \no left turn on swisher during school hours final.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING LEFT TURNS FOR ANY VEHICLE TRAVELLING SOUTHBOUND ON SWISHER ROAD AT ITS INTERSECTION WITH POCKRUS PAGE ROAD ON SCHOOL DAYS FROM 7:00 A.M. UNTIL 8:00 A.M. AND FROM 2:30 P.M. UNTIL 3:30 P.M.; PROVIDING AN EXCEPTION TO THIS ORDINANCE FOR DENTON INDEPENDENT SCHOOL DISTRICT BUSES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING THAT VIOLATIONS OF THIS ORDINANCE SHALL BE GOVERNED BY CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs and /or marking or any combination thereof are in place giving notice thereof, no person operating a motor vehicle and travelling southbound on Swisher Road may turn left onto Pockrus Page Road on school days from 7:00 a.m. until 8:00 a.m. and from 2:30 p.m. until 3:30 p.m. This prohibition shall not apply to Denton Independent School District school buses. SECTION 2. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances 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 invalidity. SECTION 3. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. SECTION 4. Any person found liable of violating this Ordinance by a court of competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500). Each day that a provision of this ordinance is violated shall constitute a separate offense. The disposition of parking citations issued pursuant to this Ordinance shall be governed by Division 3 titled "Parking Violations Division" of Chapter 18 of the Code of Ordinances. SECTION 5. This Ordinance providing for a penalty 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 12016. sAlegakour documents \ordinances\l6 \no left turn on swisher during school hours si Vied. doc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -098, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Development Services CM/ ACM: Jon Fortune Date: January 26, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, repealing Ordinance No. 2013 -248 and enacting a new ordinance relating to planning and development fees as it concerns; gas well drilling and production in the City of Denton and its extraterritorial jurisdiction; road damage remediation fee calculations due to damage to City of Denton roadways from gas well drilling and production activities in the city; assessment of penalties and interest; and setting an effective date. BACKGROUND On August 4, 2015, the City adopted comprehensive changes to the Gas Well Drilling and Production Ordinance, under Ordinance No. 2015 -233, in order to comply with HB 40 (Texas Natural Resources Code, Sec. 81.0523) enacted by the Texas Legislature on May 18, 2015. Ordinance No. 2015 -233 went into effect on August 18, 2015 after the required two -week publication period. On August 18, 2015, a corresponding fee schedule modification was proposed. During deliberations for the August 18, 2015 City Council meeting, further discussions were requested on the revised Development Review Fee Schedule once a third -party consultant completed an detailed review of the fees. After the August 18 discussion, NewGen Strategies & Solutions, LLC (NewGen) began an update to the 2013 Gas Well Fee Study (2013 Study) to incorporate the changes in City employee activities resulting from the passage of Ordinance No. 2015 -233. A summary memo and the findings of the update to the 2013 Study are included in the Exhibits to this report. The findings and exhibits were initially presented to City Council during their December 1, 2015 Work Session meeting. The Study calculates a $3,960 fee for Gas Well Development Site Plan reviews during the first two years after the fee schedule is adopted. An additional change would revise the annual fee schedule and influence gas well Operators to locate wells on Existing Drilling and Production Site, which will help free developable land from areas controlled by historic gas well plat. Under this change, the proposed Fee Schedule would be assessed on a per -well basis under the Annual Inspection and Administrative Review program based on the number of wells at each Drilling and Production Site. The current Annual Inspection and Administrative Review fee assesses the charge for each well, whether the well is singularly located on its own Drilling and Production Site or is located with multiple wells on a shared facility. To encourage Operators to possibly plug older, single -well sites by allowing multiple -well sites, the annual fee charge would be reduced for each well located on a multi -well Drilling and Production Site. City of Denton Page 1 of 3 Printed on 1/21/2016 File M ID 16 -098, Version: 1 Two additional revisions to the Fee Schedule were proposed in August. While these two items were not specifically addressed in the consultant's review, both items are included herein for discussion. One proposal was to amend the Development Review Fee Schedule by providing an ability to cover a portion of the administrative costs of collecting past due balances. Collecting P &I requires the City to invoice Annual Inspections on a monthly basis, versus the previous annual invoicing schedule and current bi- annual invoicing schedule. The increase in staff time necessary to generate and mail monthly invoices could be off -set by the City's ability to assess the ETJ Annual Inspection fees per Drilling and Production Site instead of the current per well basis. The final recommended change is to continue the current road damage remediation calculation formula and associated fee; however, the administration of the fee would be established by Ordinance and no longer by an Agreement. The Road Remediation Fee will be due and owing at the time an Operator provides notice to the City of Denton of their intent to perform any applicable activities specific in Ordinance No. 2015- 233. During the December 1, 2015 Work Session meeting, City Council discussed a proposal that would reduce the Gas Well Development Site Plan fee total studied by NewGen from $3,960 to $1,980 for 90 days. The purpose of this previous proposal was to encourage the necessary updates to older Gas Well Development Plat records. Since that Work Session, however, the proposal to reduce the Gas Well Development Site Plan fee for a period of time has been removed from consideration. As such, the ordinance presented with this report does not include any reductions to the fee scheduled studied and presented by NewGen. City Council also made two requests during the December 1 meeting that were in addition to NewGen's findings presented and discussed. The first request was to add a fee for equipment monitoring in accordance with Section 35.22.2.G1.b of Ordinance No. 2015 -233. Under this Section, periodic evaluations will be conducted by the City for the Drilling and Production Site during production to determine if equipment is functioning as designed or may be producing fugitive emissions. To comply with the Council's request, a third - party contractor was retained to perform such inspections and submitted a proposal to assist with production monitoring of equipment. The proposal is included as Exhibit 4 and contains the estimated costs to perform each inspection as a table on Page 4. The cost to perform the service will depend on the number of wells located at the respective Drilling and Production Site. The second City Council request was to conduct a public meeting prior to the City Council agenda scheduling action on this item. Through multiple clarification meetings with City Council members, it was determined that the requested public meeting would not be necessary at this time and was left pending. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable, and Family Friendly Community Related Goal: Goal 2: Seek clean and healthy neighborhoods in Denton RECOMMENDATION Staff recommends APPROVAL of a new Development Review Fee Schedule to supersede and repeal Ordinance No. 2013 -248. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City of Denton Page 2 of 3 Printed on 1/21/2016 File #: ID 16 -098, Version: 1 December 1, 2015, City Council held a Work Session regarding the proposal to amend Planning and Development Fees as it concerns gas well drilling and production. September 17, 2013, adopted Ord. 2013 -248 to set a Fee Schedule that revised the cost of services analysis conducted after the creation of the Gas Well Inspections Division. June 7, 2011, adopted Ord. 2011 -100 to approve a cost of services analysis that established new planning and development fees relating to gas well drilling and production in the City of Denton and its Extraterritorial Jurisdiction (ETJ). September 6, 2005, under Ord. 2005 -237, adopted new gas well related fees for Gas Well Plat, Amendment to a Gas Well Plat, Watershed Protection Permit, Gas Well Inspection Fee, and Tree Mitigation. February 5, 2002, combined gas well plat fees into the Development Review Fee Schedule via Ord. 2002 -041. September 4, 2001, Ord. 2001 -316 amended Ord. 2000 -098 by adding a Development Plats for Gas Extraction fee to the Development Review Fee Schedule. FYHIRITC 1. Fee Schedule Ordinance No. 2013 -248 2. NewGen Memo (Provided Under Separate Cover) 3. Findings from Gas Well Fee Analysis 4. Proposal to Assist with Production Monitoring 5. Gas Well Fees - Presentation 6. New Fee Schedule Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Darren Groth, AICP, CPM, REP Manager, Gas Well Inspections Division City of Denton Page 3 of 3 Printed on 1/21/2016 s: \legal \our documents \ordinances \13 \amended gas well fees - 091713 alternate version 2.doc ORDINANCE NO. 2013 -248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SETTING PLANNING AND DEVELOPMENT FEES AND ROAD DAMAGE REMEDIATION FEE CALCULATION FORMULA RELATING TO GAS WELL DRILLING AND PRODUCTION IN THE CITY OF DENTON AND ITS EXTRATERRITORIAL JURISDICTION; REPEALING SECTION 2 OF ORDINANCE 2011 -100; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2011 -100, the City Council of the City of Denton, Texas amended the Planning and Development Fee Schedule established by prior ordinances, by amending fees relating to gas well drilling and production within the city limits and extraterritorial jurisdiction; and WHEREAS, since the adoption of Ordinance No. 2011 -100, the City established the Gas Well Inspections Division to perform gas well permitting, annual inspection services and other services and overhead related to the City's oversight of gas well drilling and production activities; and WHEREAS, on January 15, 2013, the City Council adopted comprehensive changes to the Gas Well Drilling and Production Ordinance, of which a particular change involves the addition of a new permitting activity, specifically the Erosion Control and Sedimentation Plan Review, and a resulting post - permit Erosion Control and Sedimentation Plan Annual Inspection as required by this Ordinance; and WHEREAS, given these changes, the City undertook a comprehensive review and analysis of the fees, standards and procedures associated with gas well drilling and production to determine that whether the fees, both existing and newly proposed, resulting from the January 15, 2013 Gas Well Drilling and Production Ordinance, are reasonable; and WHEREAS, as part of the Gas Well Drilling and Production Ordinance, gas well drilling operators are required to enter into a Road Damage Remediation Agreement to cover the cost to repair damages to the City's roadways caused by the heavy truck traffic associated with the operators' gas well drilling activities; and WHEREAS, the road damage data and formula used to determine the appropriate Road Damage Remediation Fee also underwent a comprehensive review this year to determine the current reasonable cost to repair the City's roadways resulting from the heavy truck traffic associated with typical gas well drilling operations; and WHEREAS, based on the gas well permitting and inspection fees and road damage remediation fee comprehensive reviews, the City Council finds that the fees relating to gas well drilling and production, and the road damage data and formula associated with the Road Damage Remediation Agreement requirement, as set forth herein, are reasonable, and do not exceed the reasonable cost to the City in providing the scheduled services, and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Page 1 sAlegal \our documents\ ordinances \13 \amended gas well fees- 0917I3 alternate version 2.doc SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Planning and Development Fee Schedule for gas well production is adopted, as set forth in the table below: Mvity The following fees shall be charged for the first two (2) reviews Fee ..... Gas .._..�.� ....._ ......�_...__ ...._.....�.�... ._�, ....._. _ .. Well SUP Review (includes Engineering Fee) $12,840 Gas Well Development Site Plan 5 $7,575 ... ... �,_.. .... _ .. .,..___ .. -_____ _. . Ad�onal Engineering Fee $390.. Additional Fee for Full Landscape Plan Review includes initial and one follow- _ � llow- $350 up inspection) . .. _. m.... W dditionpal Fee for Second Follow -Up inspectionthird site visit) "' ' ' ( it} for Full $265 andsca e Plan Review — � ( 1 a aw , ditinal Fee for F Tree Mitigation Review includes initial and one follow- $240 u inspection) t - ... Up inspection (third site visit) for Full Tree $165 Mitigation Review Additional Fee for Erosion and Sediment Control Plan Review (includes initial and one follow -up inspection), which fee is included as part of the Initial Gas $285 Well Inspections category below ........., ' for Erosion Additional Fee for Second Follow-Up (third site visit) f $130 and Sediment Control Ilan Review ..._.m._. Initial Gas Well Inspections (includes Erosion and Sediment Control Plan Review, ..m.....__. __ _ .. $1,620 and initial adnefoow up i sp ectio ) L onissuance of a G as Well Permit and �.....,. ...,.. _. ..... , ... _..m._. _. as Well Development Plat Review _ $5,215 _..�........t, .. .._.... ...... Additional Engineering Fee $ 390 � .... -_ -_ - —1– ndment - --- ..- ...,..... Gas Well Site Plan Plat Amendment .......... $7,575/$5,215. Additional Engineeri..... .._____ �...� �...... Engineering Fee �........ �,.._ .........3.... $ m � flan category The same fees listed under the Gas Well Development Site a category above - shall be charged, if applicable The following fees shall be charged annually, per gas well Annual Inspection and Administration Fee (within City) (covers two annual ,055 inspections) Additional Fee for each follow -up inspection beyond the two annual inspections $485 - -.... Ann. . _�...m.. -. ._ .. ..... � _..�..__..._ _ ..... .... �........�. ual Inspection and Administration Fee (within ETJ) (covers two annual ......m_ $395 inspections follow -u- -"ins ection b.... �.-- - -.....Additional Fee for each e p p . yond . _ the two annual inspections $35 m Corol ( Inspection covers initial and one follow-up m °..._.. Anual F sion—and Sed' ent nt $285 inspection) __. tioni inspection beyond d the initial and one follow -up Annual ........._ $130 Erosion and Sedment Control Inspection - - �- The following fees shall be charged per each application p -._ -- - �� Page 2 s:\Iegal\our documents\ordiiiances\13\amended gas well fees-091713 alternate version 2,doc . .......... . . . ................ ... . . ..... . . ........... Transfer of Operation $315 .. .... . ..... . ..... . ........... . ...... -.1---- Watershed Protection Permit $195 Gas Well Per=t $500 sEcTION 3. The Road Damage Remediation Fee Calculation Formula, which appears and is based on the road damage remediation calculations set forth in Exhibit "A", for gas well drilling and production is adopted. SECTION 4. Section 2 of Ordinance 2011-100 is hereby superseded and repealed. SECTION 5. This ordinance shall become effective at 12:01 a.m., September 18, 2013 PASSED AND APPROVED this, the Tjt�l day of _September 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR6, ED AS 0 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ....... MARK A. I.1 J ROB -JGHS, MAYOR Page 3 z 0 V z QO W X 2 LU W 0: w cn S LL LL V r m E U) 4- '3' M 04 U) 69 CL to LO 00 rZ Lo o - o ca o2 0 of m E a) o Lo a) Lo C CD f oo N ca Gq a) d. lu x 04 a) a) r W c O to o o L M- a) C,) 64 c,4 co C', Iq m .0 cq mo w r- 06 0 -�l w a) r00 E) 0) 04 0 d) I_ U) co 64 U) as (D no 9 - A co Zt (D I-- co (D m -� 0 :D Z: 00 0 0 U r 0 . . . . ..................... -j r— r- N 04 04 04 E w c6 (,i 6 6 e2 T m c .c 0 12 LL C) 000 ::1- 00 0 C� CD 00 CD U) 0 C� 0 C� � 0 0 05 w I LO m S 9 0 LL r 0 U LL Ln (U E (U (U re (U _0 E 0 (U z 0 _0 (U _0 CL D Ln (U (U U- (U Ln E 0 I- 4— bn Ln C: k -o E .T E P \f\ to 2 7 \£ \1 \) \ \ t2 Eo 12 t5 12 A L, S L, s k -o E .T E 2 'to t2 -o Ir DATE December 4, 2015 ATTN Kenneth Banks, PhD City of Denton Division of Environmental Quality 901 -A Texas Street Denton, TX 76209 SUBJECT Proposal to assist with Production Monitoring Dear Mr. Banks: Modern Geosciences, LLC (Modern) is pleased to provide this proposal to assist the City of Denton (City) with Production Monitoring. Modern has worked with numerous municipalities to supplement staff inspection efforts as well as customize programs that meet their monitoring goals. This proposal is based on input from the City concerning monitoring and inspection priorities. Modern understands the City requires support concerning inspection of prioritized padsites based on proximity to sensitive uses (e.g., residential, parks, schools) and /or where standard setback requirements are not present. A summary of the scope of services is included below. RAMW Cita Arracc Prior to field activities, Modern will coordinate with City staff to communicate the proposed monitoring schedule and padsite safety requirements for access. This may include coordination with the padsite operators /pumpers if needed to ensure operational requirements are met. All Modern field staff accessing a padsite will be HAZWOPER trained and operate under a detailed health and safety plan for each visit. Near - Equipment Inspection During the inspection event, Modern will perform an Audio, Visual, and Olfactory (AVO) field inspection data as well as record monitoring results with the use of optical gas imaging systems (e.g., FUR cameras) and, if a leak is suspected, handheld meters will be employed. The goal of near - equipment inspection activities is to evaluate operational conditions of well heads, well connections, flanges, valves, pumps, well head fluids (i.e., corrosion inhibitors), production piping, visible system pressure gauges, separator 5100 THOMPSON TERRACE, COLLEYVILLE TEXAS 76034 1 F 682.223.1593 1 P 682.223.1322 DECEMBER 4, 2015 1 PAGE 1 www.MODERNGEOSCIENCES.com systems, secondary containment integrity, above - ground storage tanks (i.e., thief hatch, ventilation), fluid disposal transfer points, compressor systems, chemical storage areas, and obvious signs of staining, spills, or releases. Modern uses a FUR GF320 Optical Gas Imaging (OGI) system to determine if a potential leak is indicated. When emissions are identified, handheld equipment is used to quantify the emissions for leak determination at the point of release. Discrete monitoring of representative equipment for naturally - occurring radioactive material (NORM) has also been included within this scope of work. Our instrumentation includes optical methane sensors (ppmv resolution), radiological survey meters (uR /hr resolution), particulate meters, photo- ionization detectors (ppbv resolution), and hydrogen sulfide monitors (ppmv resolution). Our leak definitions are set at either positive visual observation with the OGI equipment, or if accessible, direct measurement for quantification. An example of our proposed leak definition thresholds are outlined below. Methane: Visible emissions using OGI and /or 500 ppmv' Hydrogen Sulfide (HZS): 5 ppmvZ tVOCs: 500 ppmv3 NORM: 50 R hr4 1 -The EPA proposed a leak definition of 500 ppmv for methane on August 18, 2015 under 40 CFR Part 60 (EPA -HQ- OAR - 2010 -0505; FRL- 9929 -75 -OAR]; 2 -50% NIOSH 10- minute IDLH ceiling; 3 -The EPA updated Leak Definitions in April 2012 for valves and equipment leaks at natural gas processing plants under 40 CFR Part 63 (EPA -HQ- OAR - 2010 -0505; FRL -RIN 2060 -AP76) 4 -16 TAC K Environmental Protection, Subchapter F, Oil and Gas NORM The above references represent non - ambient conditions that would typically indicate a significant contribution of COC emissions from production equipment. Normal intermittent operation of pneumatic equipment would not be considered a leak. If a continuous leak is identified and operator permission granted, we will tag the leak to allow easy identification after the field event. 5100 THOMPSON TERRACE, COLLEYVILLE TEXAS 76034 1 F 682.223.1593 1 P 682.223.1322 DECEMBER 4, 2015 1 PAGE www.ODEGEOSCIECES.com View of OGI efforts during a padsite inspection Example ofinfrared methane monitoring after o leak has been identified with the CIGI Example of leaking pressure control valve from o tank battery system. Example of tagged equipment in need of repair or replacement. Monitoring reports will be prepared following each inspection event that outline the inspection methods, equipment inspected, monitoring results, and photos depicting any tagged leak under normal and OG| formats. Additionally, o site map showing the general layout and equipment locations during the monitoring event will be prepared. When the inspection is completed on email conveying the report and summary of leaks will be submitted to the City for communication with the operator and suggested period for ne'inspec1ion. TASK 3: RE-INSPECTION AND TECHNICAL SUPPORT/STAFF COORDINATION Modern has been asked Lo include costs for o single re-inspection event. An estimated amount oftime for coordination, confirmatory field efforts at the identified leak(s), and o follow up email on the results of the re-inspection have been included in this task. 5100 THOMPSOm TERRACE, 0mYVILLE TEXAS 760341 r682.223.15931 p682�23.1322 DECEMBER 4,u/o| PAGE » 1( Modern will perform the above described scope of services on a lump sum amount based on the number of wells present at the padsite. ESTIMATED PROJECT BUDGET* NO. WELLS COST 1 $ 1,900 2 -4 $ 2,450 Padsite Inspection Costs: 5 -8 $ 3,300 Includes all labor and expenses to complete Tasks 1 -3 $ 4,500 based on the estimated padsite size. 13 3-1-1 8 $ 6,500 >18 TBD *The above costs are considered valid through calendar year 2016 and may require updating in the future pending any changes to the scope or labor rates. Modern will develop a project schedule with the City upon authorization for each padsite. Inspections will generally be performed within 10 business days of authorization. It should be noted that any schedule is subject to interaction with operators, city representatives, or other third parties outside Modern's control that can delay the project. The following assumptions were made in preparing this proposal: ■ The City will coordinate all access required to allow the above scope of work to be executed; ■ Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of our profession practicing in the same locality, under similar conditions and at the time the services are performed; and ■ Our conclusions, opinions and recommendations will be based on the information available for review. This will only include a limited number of observations and data points. It is likely that conditions will vary between or beyond the specific points evaluated. 0 all, 1 0 The City can engage us through the current purchase order system with the specific scope of work as needed. 5100 THOMPSON TERRACE, COLLEYVILLE TEXAS 76034 1 F 682.223.1593 1 P 682.223.1322 DECEMBER 4, 2015 1 PAGE www.MODERNGEOSCIENCES.com We thank you for the opportunity to provide this proposal for environmental services and look forward to working with you as the need arises. If you have any questions or comments, please feel free to contact the undersigned at your convenience. Respectfully submitted, �L Ky A. Knight Project Manager MODERN GEOSCIENCES Texas Registered Geoscience Firm 50411 Texas Registered Engineering Firm F -16201 6AKennh S. Tramm, D, PG, CHMM Program Manager 5100 THOMPSON TERRACE, COLLEYVILLE TEXAS 76034 1 F 682.223.1593 1 P 682.223.1322 DECEMBER 4, 2015 1 PAGE 5 www.MODERNGEOSCIENCES.com • Updated personnel costs and overhead using 2015- 2016 Budget and Indirect Cost Study • Updated time requirements based on anticipated activities required pursuant to Ordinance No. 2015- 233 • Expanded fee schedule to include charges by gas well pad sites to encourage co- location of wells • A SUP will only be required if a Watershed Protection Permit is required. Current Fees New: Proposed Fees $7,575 SUP Processing Fee $12,840 SUP Processing Fee $12,925 Engineering Fee Included Engineering Fee Included Additional Full Landscape Study $350 Additional Full Landscape Study $495 Additional Full Tree Mitigation Study $240 Additional Full Tree Mitigation Study $395 Third Site Visit for Landscape Issues $265 Third Site Visit for Landscape Issues $265 Third Site Visit for Tree Issues $165 Third Site Visit for Tree Issues $165 Site Plan Amendment (non SUP) $3,960* New: * —nd.,- filed a ft, 2 years will has —,fee , ft, plan —1— a ft, 2 years. Gas Wellll Reviiew iin FID /MFIC Reviiew $500 • Based on Ordinance No. 2015 -233 changes, it is anticipated that there will be a number of Gas Well Development Site Plans filed in the first two years, with a significant reduction in filings thereafter. Current Fees Proposed Fees Site Plan Review Engineering Fee Additional Full Landscape Study Additional Full Tree Mitigation Study Third Site Visit for Landscape Issues Third Site Visit for Tree Issues Site Plan Amendment 21 New: $7,575 Site Plan Reviiew (Hrst 2 years) $3,960 Site Plan Reviiew (After 2 years) $7,570 Site Plan wiMi SUP Amendment $5,470 $390 Engineering Fee $415 $350 Additional Full Landscape Study $495 $240 Additional Full Tree Mitigation Study $395 $265 Third Site Visit for Landscape Issues $265 $165 Third Site Visit for Tree Issues $165 $7,575 Site Plan Amendment (non SUP) $3,960* * —nd.,- filed a ft, 2 years will has —,fee , ft, plan —1— a ft, 2 years. 21 • Based on changes in activities per discussions with City Staff and an increased number of anticipated filings, the proposed fee for Gas Well Development Plat Reviews has been significantly reduced. Current Fees Proposed Fees Plat Review $5,215 Plat Review $2,880 Engineering Fee $390 Engineering Fee $415 Plat Review Amendment $5,215 Plat Review Amendment $2,880 • Annual Inspections and Administration Fees have been updated to provide for a tiered approach based on the number of gas wells at a gas well site. Current Fees Annual Inspection (City) per Well $1,055 Third Follow -up Site Inspection (City) $485 Annual Inspection (ETJ) per Well $395 Third Follow -up Site Inspection (ETJ) $35 Proposed Fees New: Annuall Vnspec:Liion (City) per Wellll wirLh J. 2 Wells $1,125 Annuall Vnspec:Liion (City) per Wellll Wth 3 5 Wells $900 Annuall Vnspectbn (City) per Wellll Wth 5 k. Wells $500 Third Follow -up Site Inspection (City) $490 Annuall Vnspec:Liion (E fl) per Siinglle Wellll SirLes $325 Annuall Vnspec:Liion (EF.1)'for VVIuIMplle Wellll SirLes $720 Third Follow -up Site Inspection (ETJ) $40 5 9 Current Fees Proposed Fees New: Transfer of Operations (per Well) $315 Transfer of Operations (per Well) $300 Transfer of Operations IMlaxii,nurn IFee $760 Watershed Protection Permit $195 Watershed Protection Permit $265 New: Gas Well Permit $500 First IPe i,nit Under Gas Well PDeveloprne7t Site (Plan $530 Gas Well IPerrnil Subsequent IPerrnits for Site $370 Initial Gas Well Inspection with Erosion Control Review $1,620 Initial Gas Well Inspection with Erosion Control Review $1,720 Third Site Visit for Erosion Control $130 Third Site Visit for Erosion Control $175 Annual Erosion Control Review $285 Annual Erosion Control Review $205 Third Site Visit for Annual Erosion Control $130 Third Site Visit for Erosion Control $175 7 s: \legal \our documents \gas well documents \16 \planning & development gas well fee ordinance.docx ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NO. 2013 -248 AND ENACTING A NEW ORDINANCE RELATING TO PLANNING AND DEVELOPMENT FEES AS IT CONCERNS: GAS WELL DRILLING AND PRODUCTION IN THE CITY OF DENTON AND ITS EXTRATERRITORIAL JURISDICTION; PRODUCTION MONITORING OF DRILLING AND PRODUCTION SITES AS REQUIRED BY THE CITY'S GAS WELL DRILLING AND PRODUCTION ORDINANCE; ROAD DAMAGE REMEDIATION FEE CALCULATIONS DUE TO DAMAGE TO CITY OF DENTON ROADWAYS FROM GAS WELL DRILLING; ASSESSMENT OF PENALTIES AND INTEREST; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2013 -248, the City Council of the City of Denton, Texas established certain fees related to gas well drilling and production in the City of Denton and the extra - territorial jurisdiction of the City, and also established a formula for the calculation of road damage remediation fees in the interest of recovering costs associated with damage to city roadways from gas well drilling and production activities; and WHEREAS, the City enacted Ordinance 2015 -233 on August 4, 2015, thereby amending the City's regulations relating to gas well drilling in the City in order to comply with HB 40 (Texas Natural Resources Code, Sec. 81.0523) enacted by the Texas Legislature on May 18, 2015; and WHEREAS, the City Council deems it prudent to harmonize Ordinance 2015 -233 and the assessment of fees associated with gas well drilling and production and associated activities; and WHEREAS, all fees assessed under this Ordinance have been comprehensively reviewed, are fair and reasonable, and do not exceed the reasonable cost to the City in providing the scheduled service; and WHEREAS, the City Council deems it in the best interest of the City to allow a short period of fee reduction in order to encourage gas well operators to file Site Plans on those gas well drilling and production sites existent in the City as of the effective date of this Ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Planning and Development Fee Schedule for gas well production is set forth in Exhibit "A ", which Exhibit is incorporated herein as though set forth in full, and is hereby adopted. SECTION 3. The Planning and Development Fee Schedule for production monitoring, as required by Section 35.22.2.G. 1.b. of Ordinance No. 2015 -233 (the "Gas Well Ordinance ") for gas well operators who have received a reduction to the setback requirements in said Ordinance, is set forth in Exhibit "B ", which Exhibit is incorporated herein as though set forth in full, and is hereby adopted. SECTION 4. The Road Damage Remediation Fee Calculation Formula adopted by Ordinance No. 2013 -248 remains unchanged and is hereby re- adopted as part of this Ordinance, which fee calculation formula is set forth in Exhibit "C ". SECTION 5. Planning and Development fees are due and owing at the time of application and delinquent if not paid at that time. No permit will issue until payment is made. Inspection fees are due and owing on or before the 30"' day following the end of the month when any inspection(s) are performed and are delinquent thereafter, and will be billed to the operator of record. Road Remediation Fees are due and owing at the time the operator of record notices the City of intent to perform any activities specified in Ordinance 2015 -233; or, in the event of failure to notice the City of activities specified in Ordinance 2015 -233, at the time the operator embarks upon such specified activities, and are delinquent thereafter. Production monitoring fees are due and owing on or before the 30t" day following the end of the when any inspection(s) are performed and are delinquent thereafter, and will be billed to the operator of record. To cover a portion of the administrative costs of collecting past due balances, a late payment charge of $20.00 shall be assessed on the fifth business day following the due date of any fees assessed. Furthermore, interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid at the time of each monthly billing calculation. The interest provided for and assessed shall be due and payable on the due date of the month's billing statement. The interest charge shall be I% per month on all past due charges and account balances unpaid at the time of the succeeding month's billing calculations; however, the interest charge provided for herein shall not exceed the legal rate of interest, and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate. SECTION 6. Ordinance 2013 -248 is hereby superseded and repealed. SECTION 7. This ordinance shall become effective immediately. PASSED AND APPROVED this, the day of , 2016. CHRIS WATTS, MAYOR Page 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 3 Exhibit "A" Planning and Development Fee Schedule Gas Well SUP Review - Watershed Protection Permit (WPP) $12,925 Watershed Protection Permit $265 Gas Well SUP Review as Part of PD /MPC Review $500 Initial Review — First 2 years $3,960 Initial Review — After 2 years $7,570 Amendment (non -SUP related) $3,960 With SUP Amendment - First 2 years $5,470 With SUP Amendment - After 2 vears $8,070 Initial Review $2,880 Amendment $2,880 Additional Fee for Engineering Review $415 Additional Fee for Full Landscape Plan Review (includes initial inspection and one $495 follow -up inspection) Additional Fee for 2 "d Follow -Up Inspection (3 d site visit) for Landscape Plan $265 Additional Fee for Full Tree Mitigation Review (includes initial inspection and one $395 follow -up inspection) Additional Fee for 2nd Follow -Up Inspection (3`d site visit) for Tree Mitigation Plan $165 1 -2 wells $1,125 per 3 -5 wells $900 per >_ 6 wells $500 per Additional Fee for 2nd Follow -Up Inspection (3`d site visit) $490 Annual Inspection and Administration fee (within ETJ) per Drilling and Production Site (covers two annual inspections) 1 well on site $325 2 wells on site $720 Additional Fee for 2nd Follow -Up Inspection (3`d site visit) $40 Annual Inspection (covers initial inspection and one follow -up inspection) per $205 each Drilling and Production Site Additional Fee for 2nd Follow -Up Inspection (3`d site visit) $175 Per Well $300 Maximum $720 First Permit issued under a Gas Well Development Site Plan $530 Each Subsequent Permit issued under a Gas Well Development Site Plan $370 Initial Gas Well Inspections - Includes Initial Erosion Control Review (required for $1,720 each Gas Well Permit, first or subsequent) Page 4 EXHIBIT "B" Production Monitoring Fee Schedule Page 5 u2 f- Q (D W S� X W W a, W Q Q • • T a) 20(o E D , N c w C q M O W L6 CO a) J co N � Qa0 N @ m o 00 m C O (m) O N N O CO N LO V O O 0 a) E 0 -0 v V) C n � M N cn a) JV 64 fA N � Q a) a) Z > j p- o N o 0 0 - r co v) co 00 V '0 N N LQ N O C C )f1 0 0 &I I rn c j J Q N N N N y Q (n a0 M W 10 E W rn m rn rn LL N N h r r h O m U rn C_ �_ O .r 0 Q J J O O O O U) UC) 000 rn �? in W . 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U= tJ Q p_ CD C N O O O = C w o 0 0 0 (n .� W tM N O •+ N N o Q M M Q O N O C N N O) O C0 O c0 O N N� N� 04 N r- 0 NO U U U m 0 Q' i- O�_ O J O O C:, p S C Q o 0 0 U.�w °. 000 Q N W ('� u) (C O a) o V w M O MO N O :3 m N Q O m O c0 O N CN G N O O (�(A fflW U U -0 CO — 0 N O J O O O O p U) coiQo p Q N (O Q p o o M o 0 U O MI O O N O 2 C n d) O @ O o0 O N N N J N r N n C (O O N U NO (� (A EA EA U m — O s 3 0 t N N a) 3 (D N a) J � C > 0 o m L w L 0 N L N Q @ Q m E ° o _ E C)°° : L) MX io N 0 E 0 0 a 3 (D oQ m U 'C O O U-) @ x N @ N N 0 .� 3 0 U o m 'D N E E 0 0 n @ m @ x a) m @ c— ,-.per m m @ o r s o C C c O C c 0 X x `O X .x N N.N In 0) m 00a Q Q Q E 0- E Q E T T T T > > �-H ~F 0 E O D U E . @ m @ @ C X (%j O O O O •- m W d F N M V N (O Z City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -158, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Development Services CM/ ACM: Jon Fortune Date: January 26, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a Right of First Refusal between the City of Denton and 4SR Mulberry, LLC, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date. BACKGROUND On June 30, 2015, the City Council held a meeting at City Hall West which included a Work Session regarding the Development Services Department. The meeting agenda included a tour of City Hall West, and a discussion regarding organizational structure, capacity and workload, and priorities of the department for the coming year. At that meeting, the City Council directed staff to look into the option of leasing space to relocate department staff from City Hall West. On August 11, 2015, the City Council held a Work Session to discuss the cost - benefit of leasing space instead of remaining in City Hall West. City Council directed staff to pursue lease options. On September 15, 2015, the City Council adopted the Fiscal Year 2015 -16 Budget which included a funding allocation for a lease of space to commence on July 1, 2016. The Budget also included a reallocation of funds intended for maintenance of City Hall West to improving the parking lot at Exposition Street instead. On October 20, 2015, the City Council held a Work Session to consider two proposals for a lease of space. City Council selected the proposal for leasing property located at 215 West Hickory and 216 West Mulberry. This agenda item is to consider approval of an Office Lease of approximately 24, 853 square feet at 215 West Hickory and 216 West Mulberry and associated agreements (details below). The basic terms of the Office Lease (Consent Agenda File ID 16 -096) and supporting documents are as follows: • A seven year term at a lease rate of $16 per foot, plus actual operating expenses • A three year renewal option at the conclusion of the initial term • Exclusive use of the parking lot associated with 215 West Hickory Use of the surrounding parking lots under same ownership to provide public parking during non- City of Denton Page 1 of 3 Printed on 1/21/2016 File M ID 16 -158, Version: 1 business hours (for a total of approximately 210 parking spaces made available to the public during non - business hours) • All furniture remains in the buildings for use by City staff • A 3% rate increase after 36 months, and a 3% rate increase after five years • A separate Right of First Refusal Agreement to purchase the property in the event that the property owner wishes to sell (Consent Agenda File ID 16 -158) • A separate Subordination, Non - Disturbance and Attornment Agreement to ensure that in the event of a foreclosure on the property, the Office Lease remains in full force and effect (Consent Agenda File ID 16 -159) At the time of writing, the Office Lease and associated documents were still being finalized. They will be provided to the City Council under separate cover by Friday, January 22nd. OPTIONS 1. Approval 2. Direct staff to negotiate changes 3. Denial RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT Lease term commences July 1, 2016 PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 30, 2015 - Work Session discussion August 11, 2015 - Work Session discussion September 15, 2015 - Approval of FY15 -16 Budget October 20, 2015 - Work Session discussion FISCAL INFORMATION Lease rate is $16 per foot annually for a total annual cost of $397,644 plus operating expenses. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.3 Promote a business - friendly environment A lease of office space for the Development Services Department will facilitate a better customer - service experience for businesses seeking to develop in Denton, and will create a collaborative work environment to enhance organizational efficiencies and service delivery. City of Denton Page 2 of 3 Printed on 1/21/2016 File M ID 16 -158, Version: 1 EXHIBITS (under separate cover) 1. Draft Right of First Refusal 2. Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services City of Denton Page 3 of 3 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -159, Version: 1 Legislation Text Agenda Information Sheet DEPARTMENT: Development Services CM/ ACM: Jon Fortune Date: January 26, 2016 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a Subordination, Non - Disturbance and Attornment Agreement between the City of Denton, 4SR Mulberry, LLC, and the National Bank of Texas at Fort Worth, related to the properties located at 215 West Hickory Street and 216 West Mulberry Street, Denton, Texas, 76201; providing authority for the City Manager to execute the agreement subject to final language approval by the City Attorney; and providing an effective date. BACKGROUND On June 30, 2015, the City Council held a meeting at City Hall West which included a Work Session regarding the Development Services Department. The meeting agenda included a tour of City Hall West, and a discussion regarding organizational structure, capacity and workload, and priorities of the department for the coming year. At that meeting, the City Council directed staff to look into the option of leasing space to relocate department staff from City Hall West. On August 11, 2015, the City Council held a Work Session to discuss the cost - benefit of leasing space instead of remaining in City Hall West. City Council directed staff to pursue lease options. On September 15, 2015, the City Council adopted the Fiscal Year 2015 -16 Budget which included a funding allocation for a lease of space to commence on July 1, 2016. The Budget also included a reallocation of funds intended for maintenance of City Hall West to improving the parking lot at Exposition Street instead. On October 20, 2015, the City Council held a Work Session to consider two proposals for a lease of space. City Council selected the proposal for leasing property located at 215 West Hickory and 216 West Mulberry. This agenda item is to consider approval of an Office Lease of approximately 24, 853 square feet at 215 West Hickory and 216 West Mulberry and associated agreements (details below). The basic terms of the Office Lease (Consent Agenda File ID 16 -096) and supporting documents are as follows: • A seven year term at a lease rate of $16 per foot, plus actual operating expenses • A three year renewal option at the conclusion of the initial term Exclusive use of the parking lot associated with 215 West Hickory City of Denton Page 1 of 3 Printed on 1/21/2016 File M ID 16 -159, Version: 1 • Use of the surrounding parking lots under same ownership to provide public parking during non - business hours (for a total of approximately 210 parking spaces made available to the public during non - business hours) • All furniture remains in the buildings for use by City staff • A 3% rate increase after 36 months, and a 3% rate increase after five years • A separate Right of First Refusal Agreement to purchase the property in the event that the property owner wishes to sell (Consent Agenda File ID 16 -158) • A separate Subordination, Non - Disturbance and Attornment Agreement to ensure that in the event of a foreclosure on the property, the Office Lease remains in full force and effect (Consent Agenda File ID 16 -159) At the time of writing, the Office Lease and associated documents were still being finalized. They will be provided to the City Council under separate cover by Friday, January 22nd. OPTIONS 1. Approval 2. Direct staff to negotiate changes 3. Denial RECOMMENDATION Staff recommends approval. ESTIMATED SCHEDULE OF PROJECT Lease term commences July 1, 2016 PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 30, 2015 - Work Session discussion August 11, 2015 - Work Session discussion September 15, 2015 - Approval of FY15 -16 Budget October 20, 2015 - Work Session discussion FISCAL INFORMATION Lease rate is $16 per foot annually for a total annual cost of $397,644 plus operating expenses. STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.3 Promote a business - friendly environment A lease of office space for the Development Services Department will facilitate a better customer - service experience for businesses seeking to develop in Denton, and will create a collaborative work environment to City of Denton Page 2 of 3 Printed on 1/21/2016 File M ID 16 -159, Version: 1 enhance organizational efficiencies and service delivery. EXHIBITS (under separate cover) 1. Draft Subordination, Non - Disturbance and Attornment Agreement 2. Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services City of Denton Page 3 of 3 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON File #: ID 16 -045, Version: 1 Legislation Text AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services ACM: Jon Fortune DATE: January 26, 2016 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the procedural and development standards for the Rayzor Ranch Overlay District by superseding the previously approved Rayzor Ranch Overlay District classification and amending Chapter 35, Subchapter 7.15 of the City of Denton Development Code. The approximately 410 acre site is generally located on the north and south sides of US HWY 380 (University Drive), between I -35 and Bonnie Brae St. BACKGROUND The City of Denton is requesting to amend the procedural and development standards of the Rayzor Ranch Overlay District to facilitate the future development of land uses within the Rayzor Ranch Town Center. The regulating document for the property has been active since June of 2010 (Ord. No. 2010 -158). This document includes zoning and general development regulations as well as procedural regulations. In addition, the purposed amendment would eliminate ambiguities between Concept Plan subareas and uses as well as amend any exhibits that conflict with past site plans. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request (5 -0). The Development Review Committee recommends approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 13, 2016 the Planning and Zoning Commission recommended approval of the rezoning request (5- 0). City of Denton Page 1 of 2 Printed on 1/21/2016 File #: ID 16 -045, Version: 1 STRATEGIC PLAN RELATIONSHIP The City of Denton's Strategic Plan is an action - oriented road map that will help the City achieve its vision. The foundation for the plan is the five long -term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family - Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Staff Analysis 2. Site Location 3. Redline Draft Ordinance 4. Ordinance 2010 -158 5. Public Notification Map and Responses 6. Draft Minutes of the January 13, 2016 Planning & Zoning Commission Meeting 7. Draft Ordinance Respectfully submitted: Aimee Bissett Director of Development Services Prepared by: Sophie Huemer Associate Planner City of Denton Page 2 of 2 Printed on 1/21/2016 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com D EN'FON Legislation Text File #: S115- 0016d, Version: 1 Planning Report SI15 -0016d / Rayzor Ranch Overlay District Amendment City Council District 3 Planning & Zoning Commission January 13, 2016 REQUEST: Hold a public hearing and consider making a recommendation to City Council regarding amending the procedural and development standards for the Rayzor Ranch Overlay District by superseding the previously approved Rayzor Ranch Overlay District classification and amending Chapter 35, Subchapter 7.15 of the City of Denton Development Code. The approximately 410 acre site is generally located on the north and south sides of US HWY 380 (University Drive), between I -35 and Bonnie Brae St. (SI15 -0016, Rayzor Ranch Overlay District Amendment, Sophie Huemer) OWNER: Allegiance Hillview, LP Chick- Fil -A, Inc. Cook Children's Health Care System DB Denton 11, LLC First United Bank & Trust Co. Kohl's Illinois, Inc. Prime Denton Properties, LLC RR Marketplace LP Sam's Real Estate Business Trust Swanson, James R & Marilyn M Trust Wal -Mart Real Estate Business Trust APPLICANT: City of Denton BACKGROUND: The City of Denton is requesting to amend the procedural and development standards of the Rayzor Ranch Overlay District to facilitate the future development of land uses within the Rayzor Ranch Town Center. The regulating document for the property has been active since June 2010 (Ord. No. 2010 -158). This document includes zoning and general development regulations as well as procedural regulations. In addition, the purposed amendment would eliminate ambiguities between Concept Plan subareas and uses as well as amend any exhibits that conflict with past site plans. The following is a summary of changes being made to the Overlay District: Exhibits to be removed or revised: City of Denton Page 1 of 3 Printed on 1/8/2016 File #: S115- 0016d, Version: • B -1 Concept/Schematic Plan: The Concept and Schematic Plan has been modified to reflect current and contemplated development allowed by ordinance. • B -2 Bubble Plan: The Bubble Plan exhibit will be removed to eliminate inconsistencies between the ordinance language and Bubble Plan for land divisions within the RROD. • B -3 Density Zone Plan: Density Zone Plan has been modified to reflect contemplated development. Number of allowable units, density, and trigger requirements based on non - residential development have been left unchanged. • B -5 Marketplace /Cook's /DME Site Plan: The site plan exhibit has been modified to reflect current built conditions. The Concept/Schematic Plan (Exhibit B -1) will become the Concept Plan (Exhibit B) and be amended to incorporate the following changes: • Adjust the RR -2 boundary to include WinCo and potential anchors. • Adjust RR -1 boundary to include Convention Center. • Adjust Hotel/RR/O /MF boundary to conform to the boundaries of Lot 9R, Block A of the Rayzor Ranch Town Center, Phase I). Amendments have also been made to clarify the criteria for approval for site plans (DDC 35.7.15.2.K. 1 -4). Site Plans are reviewed in accordance with all Denton Development Code (DDC) requirements, as modified by the Rayzor Ranch Overlay District. Permitted uses are governed by subarea (such as RR -1 or RR -2). The following use is clarified in the ordinance to create transparency in the permitted uses. Should a use not be listed in the Rayzor Ranch Overlay District be proposed by an applicant, the Denton Development Code governs: • Major Event Entertainment permitted in RR -1. SITE DATA: The approximately 410 acre site is generally located on the north and south sides of US HWY 380 (University Drive), between I -35 and Bonnie Brae St. The Rayzor Ranch Marketplace north of US HWY 380 (University Drive) is developed with retail sales and services, professional service, and restaurant uses. The Rayzor Ranch Town Center is currently under development. Six site plans have been approved and three building permits have been issued. CONSIDERATIONS: 1. The City of Denton is amending the Rayzor Ranch Overlay to eliminate inconsistencies and ambiguities of the Concept Plan and outdated exhibits as well as procedural regulations. STAFF RECOMMENDATION: Staff recommends approval of the request as it is compatible with the DDC, Section 35.7.3. OPTIONS: 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Table the item. City of Denton Page 2 of 3 Printed on 1/8/2016 File #: S115- 0016d, Version: 1 PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 118 notices were sent to property owners within 200 feet of the subject property, 237 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. ATTACHMENTS: Site Location • Draft Ordinance • Redline Draft Ordinance • Revised Exhibits Ord. No. 2010 -158 Exhibits • Notification Map Respectfully submitted: Beverly Zendt, AICP Development Review Committee Administrator Prepared by: Sophie Huemer Associate Planner City of Denton Page 3 of 3 Printed on 1/8/2016 Site Location /Aerial Map N 4P a am aza r sao r�r SITE S k�� Parcels I); ENT������������11111111 ° °��IIIIIIIIIIIIIl �Vj VbVauroorofIng Department � GIIS Roads Date: 9i25i2015 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided or the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. ORDINANCE NO. 2010-15 8 IREV SEP4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROCEDURAL AND DEVELOPMENT STANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT BY WHEREAS, Seel, _ . .' �.' �TM�' �5� .� Of the the Denton Development Code aut4eauthorizes the City Council to approve overlay districts to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts and contain such reasonable and necessary requirements to insure the protection and enhancement of said land and structures. F+wd+ff WHEREAS, on June 15, 2010 the City Council held a public hearing as required by law and approved the modified Rayzor Ranch Overlay District, as mended -hef ir; under Ordinance No. 2010 -158, which incorporated additional regulations under Ordinance 2008 - 018( "2010 Ordinance" ); and WHEREAS, on , the Planniny and Zoniny Commission, in compliance with the laws of the State of Texas, after having given the requisite notices by publication and otherwise, and having held full and fair hearings for all property owners interested in this reyard, recommended ., WHEREAS, on June 15, 2010 the City Council held a public hearing as required by law and approved the modified Rayzor Ranch Overlay District, as mended -hef ir; under Ordinance No. 2010 -158, which incorporated additional regulations under Ordinance 2008 - 018( "2010 Ordinance" ); and WHEREAS, on , the Planniny and Zoniny Commission, in compliance with the laws of the State of Texas, after having given the requisite notices by publication and otherwise, and having held full and fair hearings for all property owners interested in this reyard, recommended aDproval of the overlay changes in this Ordinance; and WHEREAS, on - . the City Council likewise conducted a public hearing as required by law, and finds that this Ordinance meets and complies with all substantive and procedural standards set forth in the Denton Development Code and is consistent with the Denton Code of Ordinances and the Denton Plan, as amended, and WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District serves a public purpose by permitting the development of a regional shopping center and complementary Peripheral development to create a unique, walkable, mixed-use style of development that will set it Mart from other shopping centers in the area; and I I --: — — WHEREAS, the Planning and Zoning Commission and the City Council makes the -r- 4a4iffff- A------T4+eof the City of Denton, in considering the overlay changes in this Ordinance, have determined that the changes are in the best interests of the health, safety, morals, and general welfare of the City of Denton, are consistent with the empFehensi-t,,el)enton Plan-,-anil B. The RayzeF Rafleh (--"VeF!ay Di444' will protect and enhance the Property, whk4+4-s- A'41,fie+ . 1. 1 "s ali" .1--es --side of he RffyzeF Ralieh r"VeFlay Dist.-i-It" ;fleluding the `H*He-I' fe;ghl-E)FI100-1. -KTC-IN17, -F14EP accordingly, the City Council --- -r„ - L,--- +k-,- weFe the appFeval FAE)tieR iReE)FpE)Fated RuFneFews FAE)difiGatiE)RG that weFe iRGeFpeFated ;Rte the ;---,4 -f 101 n 159; heweveF, of the FR;SS;Rg elemeRtS GE)RsideFed and appFeved by the City GE)URGH at the j6IRe457-241Q-R+e(-4h-g-.Citv of Denton is of the opinion and finds that the said overlay changes should be granted as set forth herein. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and are found to be true. SECTION 3. Chapter 35, Subchapter 7 "Denton Development Code ", "Special Purpose and Overlay Districts ", Code of Ordinances, City of Denton, Texas is hereby amended by stipeFsedu,-° ^Wamending Section 35.7.4345. Rayzor Ranch Overlay District, to read as follows: 35.7.15.0 Rayzor Ranch Overlay District. The Rayzor Ranch Overlay District classification is hereby defined with respect to approximately 410 acres of land, legally described in Exhibit "A" to Ordinance 2008 -018. 35.7.15.1 Purpose. The purpose of establishing the Rayzor Ranch Overlay District is to: A. Ensure compatibility of new construction with the existing scale and characteristics of surrounding properties; and B. - Protect and enhance specific land features which have characteristics distinct from lands and structures outside this Special Purpose District; and C. Provide within the Rayzor Ranch area a combination of land uses arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the immediate surrounding area, the planned mobility system, and other public facilities, such as water and sewer systems, parks, schools and utilities. 35.7.15.2 Application of Regulations A. The Rayzor Ranch Overlay District shall be consistent with the Denton Plan. B. The regulations included in this Ordinance apply to the portions of Rayzor Ranch that are located both north and south of US 380 / West University Drive (US 380). The portion of Rayzor Ranch north of West University Drive (US 380) is hereinafter referred to as Rayzor Ranch Marketplace and the portion of Rayzor Ranch located south of West University Drive (US 380) is known as the Rayzor Ranch South Campus. C. The development regulations that are applicable to properties north of US 380, including those that have building permits issued or in process at the date of adoption of this ordinance (specifically Lots 6R, 7R, 8R, 9, 10, 12 and 13 of the Rayzor Ranch North Addition), and the Cook Children's tract and the Denton Municipal Electric (DME)_Substation tract south of US 380 are governed the regulations established in nFd-'iinanees2008Ordinances 2008 -284 and 2009 -169. D. The City rules and regulations applicable to the development of property located within the NRMU and RCC -D zoning districts are applicable, except as otherwise provided by this Overlay District and further restricted or excepted herein and may not be varied or excepted other than by amendment of these standards. E. _Provisions for solid waste receptacles shall follow the City of Denton Solid Waste Criteria Manual. F. The Ra., F Rine h OveF ay District shall retain the underlying zoning district and be noted with an overlay designation on the Official Zoning Map. H. _Before building permits may be issued for any portion of the project, a Site Plan for that portion of the project must be approved in conformance with this Ordinance and applicant must demonstrate compliance with this ordinance and all attached exhibits. The site plan requirement does not apply to Lots 6R, 7R, 8R, 9, 10, 12 and 13 of the Rayzor Ranch North Addition. All other properties north of US 380 and the Cook Children's tract and the Denton Municipal Electric (DME) Substation tract south of USSUS 380 are governed by the regulations established in Ordinances 2008 -284 and 2009 -169 including 4 Section 35.7.13.5 Marketplace - Subarea 2 Development Standards (RR -3, P, and RR -2) that states in part: Permitted Uses. These uses must be located within the Subareas as shown on the attached Exhibit B---,7+. I. Development within Rayzor Ranch shall conform to the adopted Concept "'ehe ma"o Plans— Plan attached as Exhibit "B4" to these regulations as amended ptifstlaot, +16 1 , ' intended to be used as the first step in the overlay development process. The Concept 35.3.4 of the Denton Development Code. The following information should be provided for a complete Concept�c Plan: a. The date, written and graphic scale, north arrow, proposed name of the development, key map showing the location of the development in relation to existing streets and highways and dates of preparation and revisions. b. -The name and address of the property owner or owners, and the design professional preparing the plan. c. The names of the record owners of adjacent land.- d. Title Block containing: Proposed name of the subdivision or lot of record,_acres in platted and unplatted land and total of those acres, survey and jurisdiction (City of Denton, County of Denton, Texas, for example). e. Acreage of the project. f.-Show and label any proposed phasing limits. g. Survey boundaries of the project (or references to the survey). h. Proposed general land uses and the acreage of each wesubarea as defined in Exhibit B, including open space locations. i. Proposed street layout (arterial level required, collector and local to be developed by the applicant and reviewed by staff)-Land _general location of internal and external streets, allevs, thorouvhfares, and other means of access. Development Standards: i. Maximum height 4buildingsii.of buildings ii. Minimum lot area iii. Minimum lot width and depth iv. Building setbacks v. Maximum lot coverage vi. Maximum floor to area ratio vii. Off-street parking standards k. 100 year floodplain, floodway and major drainage ways. I.— - City limits and Extraterritorial Jurisdiction (ETJ) boundaries. m. Zonis G districts and land uses oi roiect and adiacent lands. n. Preliminary water and sanitary sewer layct and drainage facilities locations. 1. RaYZOF Rafleh Will The District maybe developed in multiple phases--and-. If the District is developed in phases, a Site Plan ffn+4shall be approved for each phase. A-*However, this section does not preclude the approval of an J' overall Site Plan for the entire Ra��eF Raneh t3F--J--+ is strict, or a substantial portion of the District, at the option of the property owner. —e 2. c'+e Plans I'--F Mniti 117afflily Dwellings shall he appfeved by + Get nw4l, and 'Sitle Plans -."--F all 0+1. eF tises Site Plans shall be approved by the M IMMSM a. Acreage in project shown by survey and certified by a registered surveyor; b. Permitted land uses and acreage of each land use; c. Land uses and zoning of adjacent properties; d. Drainage facilities; e. Other existing or proposed off -site improvements as required; f.- Location, type and size of all streets, alleys, parking lots and spaces, loading areas or other areas to be used for vehicular traffic; g.- Proposed access and connection to existing or proposed streets and traffic generated by the proposed uses; h. Non - residential: location, maximum height (in feet), minimum setbacks, and maximum floor area ratio (FAR) of buildings; i. Residential development must show number, location and dimension of all lots, minimum setbacks, number of dwelling unit and density; j. Location of all creeks, ponds, lakes, floodplain, and /or other water retention a e s s s s s a.. a ... . ....... a. Acreage in project shown by survey and certified by a registered surveyor; b. Permitted land uses and acreage of each land use; c. Land uses and zoning of adjacent properties; d. Drainage facilities; e. Other existing or proposed off -site improvements as required; f.- Location, type and size of all streets, alleys, parking lots and spaces, loading areas or other areas to be used for vehicular traffic; g.- Proposed access and connection to existing or proposed streets and traffic generated by the proposed uses; h. Non - residential: location, maximum height (in feet), minimum setbacks, and maximum floor area ratio (FAR) of buildings; i. Residential development must show number, location and dimension of all lots, minimum setbacks, number of dwelling unit and density; j. Location of all creeks, ponds, lakes, floodplain, and /or other water retention or major drainage facilities and improvements; k. Location size and route of all major water, wastewater, electrical lines and other facilities necessary to serve the project; 1. Location of all protected trees (10+ inches) and a detailed landscape plan demonstrating compliance with the approved landscape requirements for Rayzor Ranch as set for in Exhibit "D"; m. Location, type and size of all fences, berms, or screening features; n. Sidewalks or other pedestrian or bicycle access; o. Building elevation(s); and, p. Demonstrated compliance with the architectural standards in Exhibit's G- C-2-, Exhibit C with attached appendices as applicable. MK. Approval Criteria. ... . . ..... , __...ffl.ss.onSite Plans shall appfeve44e- 4te_p4a*-_be approved if ;r TT - 1. The Plan substantially -complies -with -the -Concept 11 S, ehefflativ Plan previously approved by City Council; 2. -Theme _1 �- the design and arrangement Site Plan provides for a 66fflpff+i-'E of bffiald4igsdriveways and !and tises that would not adveFsely a.., _"J . ...... 5 *e ighbofheeds parkin spaces in accordance with the pha++-, 3. The s4e plan pFovides lz'(�apvlicable requirements of the _ti_ --A --C'- eiFetilff"On of vehietilffF +IFffffie,-a*4Denton Development Code, as modified by the Razor Ranch Overlay District; 3. There are adequate utilities, drainage and supporting infrastructure or it shall be provided in accordance with the applicable requirements of the Denton Development Code, as modified by the Rayzor Ranch Overlay District, 4. -The p4an5ite Plan fully complies with all other sections of this oveFlay di4Fietthe Ravzor Ranch Overlay District. ri UN- W M.WI IMMOM M 35.7.1-5. e e 9 M s s s .. s s . i. #..... M s s s .. M 35.7.15.3 Land Divisions The Rayzor Ranch overlay district shall be divided into two major divisions, separated generally by US 380 (University Drive): the Rayzor Ranch Marketplace; and the Rayzor Ranch South Campus. A. The Rayzor Ranch Marketplace shall be divided into three subareas as depicted in Exhibit B---'+ and detailed below. 1. RR -3 — The Rayzor Ranch Marketplace RR -3 Area, depicted as RR -3 on Exhibit B, is intended as a retail area with uses allowed in the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district, and designed to promote the overall character and purpose of this overlay district. The RR -3 section of the Rayzor Ranch Marketplace (RR -3) is referred to as the RR -3 Area in the Architectural Standards, Landscape Standards, and Signage Standards in Exhibits B, C, D, and E, and vice versa. 2. RR -2 — The Rayzor Ranch Marketplace RR -2 Area, depicted as RR -2 on Exhibit B, is intended to as a retail area with uses allowed in the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district, and designed to promote the overall character and purpose of this overlay district. The RR -2 section of the Rayzor Ranch Marketplace is referred to as the RR -2 Area in the Architectural Standards, Landscape Standards, and Signage Standards in Exhibits B, C, D, and E, and vice versa. 3. Residential (NRMU -12 & NR -3) — The Rayzor Ranch Marketplace Residential Area, depicted as NRMU -12 and NR -3 on Exhibit B, is intended for residential development. Development standards for this area are not currently incorporated into this Overlay but will be adopted prior to any development or site plan approval in this area. *0 i B. The Rayzor Ranch South Campus shall be divided into the following five subareas, as depicted in Exhibit B4: 1. Town Center (RR -1) — The Town Center (RR -1), depicted as RR -1 on Exhibit B -1, is intended to define a mixture of certain specified nonresidential, retail and residential uses currently allowed within the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district, and designed to promote the overall character and purpose of this overlay district. The Town Center (RR -1) is also referred to as the RR -1 Area in the Architectural Standards, Landscape Standards, and Signage Standards in Exhibits B-4-, C -1, D- 1, and E -1 and vice versa. 2. South RR -2 District — The South RR -2 District is intended to define certain specified uses currently allowed within the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district. The South RR- 2 District is also referred to as the South RR -2 Area in the Architectural Standards, Landscape Standards, and Signage District in Exhibits C -1, D -1, and E -1. 3. South Mixed -Use District — The South Mixed Use District is intended to accommodate certain specified nonresidential, single - family and multi - family residential uses, as further modified by these overlay requirements. The South Mixed -Use District will also be referred to as the RR, BH, MF, O, CC, P, Hotel, and SF Areas in the Architectural Standards, Landscape Standards, and Signage Standards in Exhibits to be incorporated in Exhibits C -2, D -2, and E -2. 4. DME Substation — The DME Substation property is intended to accommodate a utility substation and is governed by the regulations established in Ordinances 2008 -284 and 2009 -169. 5. Cook Children's Hospital — The Cook Children's property is intended to accommodate a hospital and is governed by the regulations established in Ordinances 2008 -284 and 2009 -169. 6. Drill Pad - The Drill Pad property is intended to accommodate gas well development, and is governed by Ordinances 2008 -284 and 2009 -169, and further restricted by Specific Use Permit (SUP) No. 509 -0006, Ord. No. 2009 -257. 35.7.15.4 Development Standards A. Generally. The Rayzor Ranch Overlay establishes architectural and landscape design as development standards to effectuate the purpose of the district. The City rules and RM regulations applicable to the development of property in the RCC -D and NRMU districts are applicable, except as otherwise provided by this Overlay District and further restricted or excepted herein. B. Definitions. The following definitions shall apply to the Rayzor Ranch Overlay District: 1. Big House: A type of residential development where 10 or fewer dwelling units are located in a single building which is intended to resemble a single large house. The dwelling units can be vertically or horizontally integrated. Dwelling units developed as a Big House use will count towards the total number of multi - family dwelling units and not toward the total number of single - family dwelling units allowed in Rayzor Ranch listed in Section 35.7.15.7.A.1. 2. Continuing Care Retirement Center: A facility that integrates multiple senior living options into one facility including skilled nursing, assisted living, dementia care, as well as independent living. This use is not considered a multi - family dwelling unit. (Ordinance No. 2007 -110). 3. Convention Center: A facility used in connection with a convention or meeting center, or similar facility, including auditoriums, exhibition halls, facilities for food preparation and service, parking facilities, administrative offices and ancillary development such as a hotel. 4. Garden -Style Home: A single - family dwelling on a separate lot with building setbacks only on three sides commonly developed in a cluster formation. This development type is also known as zero lot line homes or patio homes. 5. Helipad: A landing pad for occasional use by rotary wing aircraft. Regularly scheduled stops and fueling or servicing facilities are not permitted as part of this use. 6. Open Space: Open space includes all surface areas of the project that are not covered with enclosed buildings, or parking and drive areas. Pedestrian plazas and sidewalks (covered or uncovered) count as Open Space. In addition, areas of Rayzor Ranch, such as easements or rights -of -way, that may be owned or controlled by a governmental agency, but that are being maintained privately, will count towards the open space and landscape area requirements. Open Space in the Marketplace shall be defined by Ordinance 2009 -169. 7. Plaza or Public Area Space: An area identified on an approved Site Plan which is designated for public or civic use. This area can be part of a private development or included within a Park. 8. Rayzor Ranch: The comprehensive development which includes all phases defined within the Rayzor Ranch Overlay District. (Ordinance 2008 -284). 9. Stormwater Control and /or Detention Areas. Facilities dedicated to the collection, or transportation of stormwater runoff. 10. Storm Water Control: Storm water controls (sometimes referred to as best management practices or BMPs) are constructed storm water management facilities designed to treat storm water runoff and /or mitigate the effects of increased storm water runoff peak rate, volume and velocity due to urbanization. 11. Storm Water Quality Areas: Facilities for the collection and treatment of storm water runoff. 12. Townhouse - style: A dwelling structure not to exceed three stories in height, containing a minimum of three and no more than eight dwelling units within a building, which is constructed in a series or group of attached units on one lot, up to eight (8) units, meeting fire protection requirements and the following additional requirements. Seventy -five percent (75 %) of the dwellings built in compliance with the Townhouse Style development regulations are considered attached single - family dwelling units for the purpose of calculating the total number of units allowed in the Rayzor Ranch South Campus and will count towards the total number of single- family attached dwelling units and not toward the total number of multi - family dwelling units allowed in Rayzor Ranch listed in Section 35.7.15.7.A.1. Conversely, 25% of each phase of the Townhouse -style dwellings constructed shall count against multifamily. a. Each unit features at least two points of direct exterior access to the structure; b. Each unit is separated from the other dwellings in the structure by fire rated common walls; c. No units are vertically above or below another uses or unit within the structure; d. Each unit features an individual meter for each utility; and e. Each unit features access to a public street or alley. 35.7.15.5 Marketplace — Subarea 1 Development Standards (SF -1) as defined in Ordinance 2008 -284. [TO BE INCORPORATED LATER] 35.7.15.6 Marketplace — Subarea 2 Development Standards (RR -3, P, and RR -2) as defined in Ordinance 2008 -284. In Subarea 2 of the Rayzor Ranch Marketplace, the City rules and regulations applicable to the development of property located within an RCC -D zoning district are applicable, except as otherwise provided by this Overlay District and further restricted or excepted as follows: Permitted Uses. These uses must be located within the Subareas as shown on Exhibit B--,7+ as follows: A. RR -3: wholesale sales; retail construction materials sales with a minimum floor area of 100,000 square feet; quick vehicle servicing; garden center with container plant materials and associated garden supplies only accessory to retail or a home improvement center in excess of 100,000 square feet, retail sales and services, restaurants, parks and open space and professional services and offices. All other uses are prohibited. B. RR -2: retail sales and services, restaurants, drive - through facilities, indoor recreation, parks and open space and professional services and offices. All other uses are prohibited. C. P: parks and open space, water quality feature as defined in this ordinance. All other uses are prohibited. 35.7.15.7 South Campus - General Use and Development Standards. A. Residential Dwelling Units 1. The South Campus shall not exceed the following number of dwelling units by type: a. 185 single - family detached dwellings; b. 496 single - family attached dwellings; and C. 1,800 multi - family units. i. 1,050 of the allowed 1,800 multi - family dwelling units are to be constructed inside the Density Zone and cannot be rented by the room and cannot contain more than three (3) bedrooms in any individual unit. ii. The remaining 750 multi - family dwelling units can be built within those areas identified for MF uses within Exhibit B4 as and cannot contain more than three (3) bedrooms in any individual unit, d. Approved densities shall be contingent upon demonstration that planned public infrastructure is sufficient to sustain the herein approved densities. 2. The first 750 multi - family residential units in the South Campus shall not be permitted or constructed until the non - residential component of Phase 1 of the Town Center (RR -1) has had a site plan approved, and until the first 100,000 square feet of the Town Center (RR -1) and RR -2 construction has: (1) received building permits, and (2) has been inspected and issued a green tag by the City for the building foundations. The remaining 1,050 multi - family residential units may be permitted and constructed when the first 600,000 square feet of the Town Center (RR -1) and RR -2 construction has received building permits and the City has inspected and issued a green tag for the building foundations. B. South Campus —Town Center (RR -1) 1. The Town Center (RR -1) property is located within an RCC -D base zoning district. Permitted uses are limited to the specific land use categories set forth below, as defined, limited and permitted by the Denton Development Code for the RCC -D zoning district classification and use designation, or as further restricted or excepted in this overlay. a. Permitted Uses: i. Hotels; ii. Retail Sales and Services; iii. Movie Theaters; iv. Restaurants; v. Drive - through Facilities. vi. Professional Services and Offices; vii. Outdoor Recreation, including an amphitheater; viii. Indoor Recreation; ix. Commercial Parking Lots; x. Parks; xi. Open Space; xii. Hospital; xiii. Medical Centers; xiv. Convention Center xv. Storm Water Control and /or Detention; xvi. Ge en"Or G fl +ffmalor Event Entertainment; xvii. Storm Water Quality Areas -; RM xviii. Multifamily. b. Allowable with limitations: i. Community Service - Restricted to museums, educational facilities and governmental uses only. c. Allowable through Specific Use Permit approval: asic Utilities; �; u�r;,. rT�;7;�;or• iui4ii. Group Homes. d. Sexually- oriented businesses and all other uses defined by the Denton Development Code are prohibited. 2. Density and Intensity: a. The maximum F.A.R. shall be 4.0. b. The maximum lot coverage shall be 90% in accordance with Appendix D- 1. C. The minimum landscaped area shall be 10% in accordance with Appendix D -1. d. The minimum tree canopy coverage at maturity shall be 25% in accordance with Appendix D -1. e. The maximum building height shall be 100 feet above grade, except for hotels and office uses which shall not exceed 200 feet in height above grade. No structure shall exceed a maximum height above mean sea level as determined by the Federal Aviation Administration (FAA) or other appropriate regulatory agency. f. As set forth in Figure 2 of Section 35.13.13.2 of the Denton Development Code, a residential proximity slope shall be present between new development within the Rayzor Ranch South Campus and an existing single - family use outside of the Overlay District. A 35- degree residential proximity slope angle is measured from a point 40 feet above grade at the minimum setback line. 3. Design Standards. a. Exhibits C -1, D -1, and E -1 to this ordinance set forth the Architectural Standards, Landscape Standards, and Sign Standards for the Town Center (RR -1). RM C. South Campus - South RR -2 District. 1. The South RR -2 District property is located within an RCC -D base zoning district. Permitted uses are limited to the specific land use categories set forth below, as defined, limited and permitted by the Denton Development Code for the RCC -D zoning district classification and use designation, or as further restricted or excepted in this overlay. f. Permitted Uses : i. Hotel; ii. Retail Sales and Services iii. Movie Theaters; iv. Restaurants; v. Drive - through Facilities vi. Professional Services and Offices; vii. Quick Vehicle Servicing viii. Outdoor Recreation; ix. Indoor Recreation; x. Parks; xi. Open Space; xii. Hospital; xiii. Medical Centers; xiv. Convention Centers; xv. Storm Water Control and /or Detention; xvi. Storm Water Quality Areas; and g. Allowable with Limitations i. Community Service - Restricted to museums, educational facilities and governmental uses only. h. Allowable through Specific Use Permit approval: i. Group Homes; ii. Basic Utilities; i. Sexually- oriented businesses and all other uses defined by the Denton Development Code are prohibited. 2. Density and Intensity a. The maximum F.A.R. shall be 4.0. b. The maximum lot coverage shall be 90% in accordance with Appendix D- I. c. The minimum landscaped area shall be 10% in accordance with Appendix D -1. d. The minimum tree canopy coverage at maturity shall be 25% in accordance with Appendix D -1. e. The maximum building height shall be 100 feet above grade, except for hotels and office uses which shall not exceed 200 feet in height above grade. No structure shall exceed a maximum height above mean sea level as determined by the Federal Aviation Administration (FAA) or other appropriate regulatory agency. f. As set forth in Figure 2 of Section 35.13.13.2 of the Denton Development Code, a residential proximity slope shall be present between new development within the Rayzor Ranch South Campus and an existing single - family use outside of the Overlay District. A 35- degree residential proximity slope angle is measure from a point 40 feet above grate at the minimum setback line. 3. Design Standards. a. Exhibits C -1, D -1, and E -1 to this ordinance set forth the Architectural Standards, Landscape Standards, and Sign Standards for the South RR -2 District. D. South Campus - South Mixed Use District. 1. The South Mixed Use District property is located within the RCC -D and NRMU base zoning districts. Permitted uses are limited to the specific land use categories set forth below, as defined, limited and permitted by the Denton Development Code for the RCC -D and NRMU zoning districts classification and use designation, or as further restricted or excepted in this overlay. a. Permitted Uses, except as follows: The only uses permitted within the area designated as SF in Exhibit B4 are Single Family Dwellings, Attached Single Family Dwellings, Community Homes for the Disabled, Parks, and Open Space. The uses below are permitted within the area designated as BH /MF /O /SF in Exhibit B4 except for Hotels, Retail Sales and Services, Movie Theaters, Restaurants, Drive - Through Facilities, Quick Vehicle Servicing, Indoor Recreation and Convention Center are not permitted.- i. Single Family Dwellings; ii. Attached Single Family Dwellings; iii. Community Homes for the Disabled; iv. Multi - Family Dwellings;_ v. Townhouse -style Dwellings; vi. Hotels; vii. Retail Sales and Services viii. Movie Theaters; RM ix. Restaurants; x. Professional Services and Offices; xi. Indoor Recreation; xii. Parks; xiii. Open Space; xiv. Hospital; xv. Medical Centers; xvi. Big Houses; xvii. Elderly Housing; xviii. Continuing Care Retirement Centers; xix. Convention Center; xx. Storm Water Control and /or Detention; xxi. Storm Water Quality Areas; and b. Allowable with Limitations i. Community Service - Restricted to museums, educational facilities and governmental uses only. c. Allowable through Specific Use Permit approval: i. Major Event Entertainment; ii. Group Homes; iii. Basic Utilities; iv. Helipads as an accessory use to a Hospital. v. Quick Vehicle Servicing (SUP required when abutting residential use or zoned property, otherwise use is permitted in the RR designated areas as shown in Exhibit 134); vi. Drive - through Facilities (when abutting residential use or zoned property otherwise use is permitted in the RR designated areas as shown in Exhibit B+; d. Sexually- oriented businesses and all other uses defined by the Denton Development Code are prohibited. 2. Density and Intensity. a. The maximum F.A.R. shall be 4.0. b. The maximum lot coverage shall be 90% in accordance with Appendix D -2. (80% for Single - Family Detached Residential) c. The minimum landscaped area shall be 10% in accordance with Appendix D- 2. (20% for Single - Family Detached Residential) d. The minimum tree canopy coverage at maturity shall be determined in accordance with Appendix D -2. (40% for Single - Family Detached Residential) RM e. The maximum building height shall be 65 feet for single - family and townhouse, 100' for all others, except for hotels and office uses which shall not exceed 200' in height above grade and shall not exceed a maximum height above mean sea level as determined by the Federal Aviation Administration (FAA) or other appropriate regulatory agency. f. A residential proximity slope shall be present between new development within the Rayzor Ranch South Campus and an existing single - family use outside of the Overlay District. A 35- degree residential proximity slope angle is measure from a point 40 feet above grate at the minimum setback line. g. In addition to these Overlay regulations, all multi - family development will comply with the provisions of Section 35.13.13.2 of the Denton Development Code as this section addresses building design and site development standards. 3. Design Standards a. Exhibits C -2, D -2 and E -2 to this ordinance set forth the Architectural Standards, Landscape Standards, and Sign Standards for the South Mixed Use District. These will be incorporated at a later date. 35.7.15.8 Landscaping and Tree Mitigation. A. Subchapter 13 of the Denton Development Code and Site Design Criteria Manual shall apply to the Rayzor Ranch South Campus regarding landscaping and Tree Mitigation. Additionally, the following standards shall apply: 1. Landscaping and Tree Mitigation shall meet the standards as set forth in Exhibits D, D -1 and D -2 of this Ordinance; 2. Trees planted to address tree mitigation will be credited on the actual caliper inch of the tree planted; 3. Required tree mitigation funds will be put into a segregated tree mitigation account administered by the City of Denton. These funds will be released back to the Developer incrementally at the rate of $125.00 per caliper inch for trees planted by the Developer, as the Developer certifies to the City that the trees have been planted and are in a healthy condition and the City arborist confirms that the trees have been planted and are in a healthy condition. 4. Mitigated trees may be planted throughout the Rayzor Ranch property or as specified in Exhibits D, D -1 and D -2. M 5. Any open space, tree canopy, landscape area, and tree mitigation credits established pursuant to Ordinance 2009 -169 may be applied throughout the entirety of Rayzor Ranch. 6. Open space, tree canopy, and landscape shall be calculated as part of the entirety of Rayzor Ranch rather than on a site -by -site basis. 7. Tree preservation requirements can be found in Subchapter 13 of the Denton Development Code. 8. Refer to Table 35.13.7.13 in the Denton Development Code for preservation and mitigation requirements. 35.7.15.9 Architecture. A. Architecture must meet the standards set forth in Exhibits "C ", "C -1 or C -2" of the Ordinance and shall meet the guidelines stated in each District Design heading as stated within the Ordinance. 35.7.15.10 Parking Standards. A. The rules and regulations per Subchapter 14 of the Denton Development Code and Site Design Criteria Manual shall apply to the Rayzor Ranch South Campus regarding parking standards with the following exceptions: 1. Maximum Allowable Number of Parking Spaces. a. Subsection 35.14.4.F shall not apply to the Rayzor Ranch Overlay. 2. Parking in the rear or front. a. Subsection 35.13.13.3.0 is excepted to allow parking in front of a building (between the building and street or right -of -way), if it meets the requirements in the Landscape Standards, Exhibit D -1 or D -2 35.7.15.11 Drainage. A. General. 1. In this overlay district, the drainage improvements shall be designed in accordance with the requirements provided in the Denton Development Code Section 35.19 and the Drainage Criteria Manual. M 2. Final Acceptance or Certificate of Occupancy of any structure in the South Campus (RR -1 or RR -2) district may not be requested until the improvements to the detention pond west of Bonnie Brae Road and North of U.S. 380 are accepted by the Public Works Inspection Department. 3. Approval may not be granted for any Final Plat that does not comply with the stormwater requirements of the Denton Development Code and Criteria Manuals. B. Storm Water Quality. 1. Preliminary and Final Plats within the drainage area south of US 380 / West University Drive, for land that drains into North Lakes Pond, will include provisions for onsite or regional storm water quality enhancement, including dedication of drainage easement areas as necessary to construct the storm water quality structural controls and management practices as described in Exhibit "F". Approximately 76 acres of Rayzor Ranch South drains into the water quality / detention basin north of West University Drive (US 380). The stormwater quality controls approved in the Rayzor Ranch iSWM Plan do not account for any hot spots polluting areas south of University Drive. In the event of a proposed use within the 76 acres met the definition of a hot spot pollutant generator, an evaluation of the capacity of the iSWM treatment train could be required and additional stormwater quality controls may be required. 2. The storm water quality controls shall be constructed as part of the storm drainage improvements for the development. 3. Engineering inspection fees shall be paid to the City for the inspection of all storm water quality controls during construction. Upon City's request, designer shall certify to the best of the designer's knowledge, that the storm water quality controls and management practices were constructed in accordance with the approved plans. a. Building Permits are not prohibited by these additional drainage restrictions above, provided that a construction schedule is committed to for the improvements, an onsite detention pond has been constructed and accepted by the City, and all other applicable requirements for issuance have been satisfied. 35.7.15.12 Transportation. A. Required Improvements in Addition to Those Required by the Denton Development Code and Criteria Manuals: 1. Required 20 -foot visibility triangles shall be measured from the curb line not the -92 property line. RN 2. Allegiance Hillview, L.P. or its assignee will construct, at its expense, those segments of Heritage Trail Boulevard and Panhandle Street abutting and adjacent to the Cook Children's Hospital Tract. Allegiance Hillview, L.P. or its assignee will work with City of Denton staff to set forth triggering points for roadway and other infrastructure improvements based on platting activity, traffic impact analyses, etc. 35.7.15.13 Street Standards. A. In this overlay district, the City rules and regulations regarding street standards, as well as the standards designed and incorporated by Section 35.20.2 shall apply. AlteFflativIely, In « 7 . C-B. Traffic circles or roundabouts are allowed and encouraged in Rayzor Ranch subject to approval by the City Engineer and the Denton Development Code and Criteria Manuals. 35.7.15.14 Water and Wastewater Standards. A. In this overlay district, the City rules and regulations regarding water and wastewater standards shall apply. B. Allegiance Hillview, L.P. or its assignee will work with City of Denton staff to set forth triggering points for water and wastewater infrastructure improvements based on analysis, studies or models undertaken to support specific final plat activity. 35.7.15.15 Gas Well Development. A. Gas well development is permitted only within the area designated as the "Drill Pad" on Exhibit B4, with Specific Use Permit approval from City Council prior to issuance of a gas well plat and drilling pefm4 site plan. All gas well development will be subject to the requirements of the Denton Development Code, and as further restricted by Ordinances 2008 -284, 2009 - 169 -a,, 2009 -257 and 2015 -233. 35.7.15.16 Property Owner Associations (POA). A. One or more Property Owner Associations (POA) shall be established from the maintenance of all common property not fully dedicated for public use. Documents establishing the POA must be submitted and approved as a required component of the final plat application, providing for the maintenance, repair, replacement and liability obligations of the POA for private ros, alleys, gates, fences, street lighting, drainage and or other held facilities and /or common areas, appurtenances, associated ancillary items and improvements. 1. The POA shall authorize the City to file a lien, to foreclose, or to otherwise secure payment from property owners concerning the maintenance, repair and placement, in part or in whole, of all privately held common areas, including but not limited to stormwater control and /or detention areas, stormwater quality areas, street lighting and other appurtenances and /or other associated ancillary items. 2. The POA documents must be submitted to, reviewed and approved by the City Attorney, prior to final plat approval for plats that include common areas. 3. The POA may not be dissolved, nor may deed restrictions and covenants providing for maintenance of common areas be deleted or amended, without prior written consent of the City Council and plat amendment. 4. The final plat and restrictive covenants shall contain language whereby the property owners defend and hold harmless the City from claims and suits for property damage or bodily injury (including death) arising from the conditions, use or operation of any privately owned parks, open spaces, common amenities, streets or facilities. SECTION 3. The 'City Council hereby adopts these amendments to the Rayzor Ranch Overlay District. SECTION 4. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity or the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined 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. 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, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. M PASSED AND APPROVED this the 4-J-44 th day of M-1 t, I - ell-8 ber-, 2015. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY LOW APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY IN List of Exhibits Exhibit A o A -1 — Metes and Bounds Description of the Rayzor Ranch Overlay District North o A-2 — Metes and Bounds Description of the Rayzor Ranch Overlay District South o B — Concept/Schematic Plan 0 B-3 — Density Zone Plan o B -5 Site Plan: Marketplace /DME /Cook Children's i Exhibit C - Architectural Standards o C - Marketplace Architectural Standards o C -1 - South RR -2 and Town Center (RR -1) Architectural Standards o C -2 - South Mixed Use Architectural Standards - Place holder (To be incorporated later) o C -3 - Multi - Family Design Standards Exhibit D - Landscape Standards o D - Marketplace Landscape Standards o D -1 - South RR -2 and Town Center (RR -1) Landscape Standards o D -2 - South Mixed Use Landscape Standards - Place holder (To be incorporated later) "-! Exhibit E - Sign Standards o E - Marketplace Sign Standards o E -1 - South RR -2 and Town Center (RR -1) Sign Standards o E -2 - South Mixed Use Sign Standards - Place holder (To be incorporated later) Exhibit F - Water Quality Standards for the portion of South Campus, South RR -2 District that drains to North Lake and Drainage Map v-0 Exhibit G - Trade Dress Criteria "-' Exhibit H - Street Sections RC 1 k EXHIBIT B -1 "- AAdlacent Ownership Information - North Development Standards mi M.�, P a« HH 9 of ,00 �< Rn °r NO °eN ig m » vU �< °ne oov. 3, I I -�. „w,a,PAw RRZ ,00 1 � f- _ � � � ImNAOOwFrorvwP,oR � _ MT,1�,Pa<eRwne °n. WV ,00 TRo R °° HR ®� 0-1 TRD wA T.0 ° ®oo. U I ✓ / S " V R. -R °°e H. -nos s,e,n DamPe. MUe9 DUD " }3 u4 wl c oi»kk', 1 � �l �/ /JO✓i �lij^ ♦I�i -�m �F (�! ,�IY{I�1 "o♦111�y�...Ty � � A.A,�o,nwe r o U° n , PeA,nnm t � � 1 FF 2 . a - RR -2 A liL' NRMU-12, , �IF. �.. \ 4 =r,, ) fi -OPEN SPACE -! - -N° -100 P STORM WATER R00 CONTROL Z w h.1\ L _ _._.'ev'ae aov ..... E���r�Hr RC 1 k mi 1 , (�( T (i l /\ \ 1 y Iq t i U I ✓ / S " V " }3 u4 wl c oi»kk', 1 � �l �/ /JO✓i �lij^ ♦I�i -�m �F (�! ,�IY{I�1 "o♦111�y�...Ty � � — E n �_ _—. �♦ i I t � � 1 FF 2 . a - RR -2 A SITE LOCATION MAI'V�� Adjacent Ownership Information South \ awl ASO, v ne eerae AtlSSO, Yznune R L S, „ CAM n•^^ �R ^ ®win � I �' RAYZOR RANCH SOUTH PUS i....., PROPOSED OVER TOWN CENTER F STR CT (al AB ACRES) �.� PROPOSED OVERLAY " SOUTH "RR -Z' D STRICT W-58 ACRES) PROPOSED OVLRI.AY = SOUTH MIXED USE UISTRIL'I' F -150 ACRES) NOTE. ADJUSTMENT IN DIVISION LINES ' OF USES SHOWN MAY HE MADE TO ALIGN WITH ROADWAYS, PHASING OR PLATTING \ ENTIRITY OF PROJECT LIES WITHIN CITY LIMITS OF DENTON Concept/Schematic Plan OWNER /DEVELOPER RAYZOR RANCH �RARD.SET North of 380 South of 380 ENGINEER /SURVEYOR 149.58 ACRES OF LAND 237.05 ACRES OF LAND IN THE OSRAwAY ASSOaalES, FRANCIS BATSDN SURVEY B.B.B. & C.K.R. SURVEY UP GunE,DD ABSTRACT NO. A -43 LOCATED ABSTRACT NO. A -192 LOCATED FORT IN THE CITY OF DENTON, IN THE CITY OF DENTON, ARCHITECT DENTON COUNTY, TEXAS DENTON COUNTY, TEXAS CIATES. P. H.iE eai OuCn so .LLD. DATE: 06.10.2010 OAS, IN 11— 6/3/10 ELTMOM RR-2 ROADWAYS AND SUBSEQUENT BOUNDARY LINES ARE SUBJECT TO CHANGE 442-10 6/3/10 ELTMOM S s t, 4 ROADWAYS AND SUBSEQUENT a,W BOUNDARY LINES ARE SUBJECT TO CHANGE r 4•12AG c 6/3/10 EXHIBIT B -3 Density Zone Plan n✓ 77ii f p° r I, b V {V��2,41&��,kWY 9YMM 4tbtlMM1w g1 a#C0 I *Ivq Me I I Wumlmm NR-3 NR-3 IC- E 'Id RCC-E RAYZOR RANCH MARKET PLACE PROPOSED OVERLAY DISTRICT b (,1-48.8 ACRES) Ch Mb DISTRICT 2 W-99 4 ACRES) RAYZOR RANCH SOUTH CAMPUS G) P ROPO SED OVERLAY + TOWN CENTER 0 DISTRICT (0-46 ACRES PROPOSED OVERLAY GUTH 'RR-2' DISTRICT ( 0-54 ACRES IC- E 'Id RCC-E RAYZOR RANCH MARKET PLACE PROPOSED OVERLAY DISTRICT b (,1-48.8 ACRES) .... PROPOSED OVERLAY Mb DISTRICT 2 W-99 4 ACRES) RAYZOR RANCH SOUTH CAMPUS P ROPO SED OVERLAY + TOWN CENTER 0 DISTRICT (0-46 ACRES PROPOSED OVERLAY GUTH 'RR-2' DISTRICT ( 0-54 ACRES PROPOSED OVERLAY = SOUTH MIXED USE DISTRICT W 150 ACRES) NOTE ADJUSTMENT IN DIVISION LINES OF USES SHOWN MAY BE MADE TO ALIGN WITH ROADWAYS, PHASING OR PLATTING ENTIRITY OF PROJECT LIES WITHIN CITY p 'y LIMITS Of DENTON ty 6-03-10 NRMLI-12 mwl ZONING LEGEND "--.-,RCC-D CM-G NRMU -12 DC-G NR-3 NR-2 LIJ crNR-2 0 Do CM-G —.—OMCENTST. w LU NRMU �4LU - go w NR-3 z To OMIN 1PA0 m O"N orms owouAt 0 m IT I NR-3 -SCRIPTURE STREET DC-G RAYZOR RANCH @ I"T, r�7= ZONING OVERLAY Exhibit B -5 r I,}�1E s V111 Yili � M , S f f +�I r. v�l] ��a a f 1, � 1 It, 1, i It I J 1: rd a jJj pay, y; a� lad a I S mm y a v4+'��T;�,�tl'�ErfiSi"R"a^ ¢7r&u'l+`F f 41 �,.�3 F N Exhibit B -5 r I,}�1E s V111 Yili � M , S f f +�I r. v�l] ��a a f 1, � 1 It, 1, i It I J 1: rd a jJj pay, y; a� lad a I S mm y a v4+'��T;�,�tl'�ErfiSi"R"a^ ¢7r&u'l+`F f 41 �,.�3 F N Site Location / Notification Map a� o 200ftBuffer Parcels N 41 ��-� ( W: E " a am aza r sao 500ftBuffer Roads sf� ����° f>'' u��uuuuuu���uiiiiuiiiiii����lllllllllllllllllllllllll��iiiiun V DENTON Site �V.j j VbVaurooroIng Department �� GIBS Date: 9 /25/2015 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided o r, data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. 5. PUBLIC HEARINGS A. SI15 -0016d Hold a public hearing and consider making a recommendation to City Council regarding amending the procedural and development standards for the Rayzor Ranch Overlay District by supersedin _g the previously approved Rayzor Ranch Overlay previously approved Rayzor Ranch Overlay District classification and amending Chapter 35, Subchapter 7.15 of the City of Denton Development Code. The approximately 410 acre site is generally nerally located on the north and south sides of US HWY 380 (University Drive), between I -35 and Bonnie Brae St. (SI15 -0016, Ruzor Ranch Overlay District Amendment, Sophie Huemer) Vice -Chair Briggle opened the Public Hearing. Jennifer DeCurtis, Deputy City Attorney, stated this is an amendment not superseding the overlay. Sophie Huemer, Associate Planner, provided the backup materials for this request. Staff sent out 118 public notices to property owners within 200 feet of the subject site, and 237 courtesy notices to property owners within 500 feet of the subject site. At this time staff has not received any returned responses. Staff recommends approval of this request. Commissioner Taylor questioned if this amendment would change the permitted uses within the Rayzor Ranch Town Center. Huemer stated it would not interfere with those permitted uses. Commissioner Taylor questioned if this amendment would interfere with landscape requirements. Huemer stated it would not. There were no further questions. The applicant was present for questions but didn't wish to speak. The following public hearing cards were submitted, but did not wish to speak: Suzanne Smith, 2201 Lookout Lane, Denton, Texas. Didn't selected whether in support or opposition to the request. Comments read: "I am unclear as to the benefit or reason for this amendment to the Overlay Ordinance" Frank Mayhew, 2100 Greenway Drive, Denton, Texas. Stated his questions were answered during the presentation. There was no further discussion or speakers. Vice -Chair Briggle closed the public hearing. Commissioner Frank Dudowicz motioned, Commissioner Andrew Rozell seconded to approve this request. Motion approved (5 -0). Commissioner Devin Taylor "aye ", Vice -Chair Amber Briggle "aye ", Commissioner Frank Dudowicz "aye ", Commissioner Larry Beck "aye ", and Commissioner Andrew Rozell "aye ". ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE PROCEDURAL AND DEVELOPMENT S'T'ANDARDS FOR THE RAYZOR RANCH OVERLAY DISTRICT BY AMENDING CHAPTER 35, SUBCHAPTER 7.15 OF THE CITY OF DENI'ON DEVELOPMENT CODE; PROVIDING A REPEALER AND A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas ("City ") has initiated these changes to the Rayzor Ranch Overlay District, without application of the owner(s) of the land consisting of approximately 410 acres and existing on both sides of US Route 380 and between IH- 35 and Bonnie Brae Street, which is more particularly described and depicted in Exhibit A, attached hereto and incorporated by reference as if set forth at length herein (the "District "), and which exhibit's spatial definition constitutes the boundaries of the District (the "District Boundaries "); WHEREAS, the Denton Development Code authorizes the City Council to approve overlay districts to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct fi•om lands and structures outside such special districts and contain such reasonable and necessary requirements to insure the protection and enhancement of said land and structures; WHEREAS, the Denton Development Code authorizes the City Council to approve overlay districts to establish specific design standards and development regulations to effectuate the purpose of the district, and may require or address any of the following,. in addition to or in lieu of other regulations affecting the property within the overlay district: (1) protection of features designated as being of special concern within the district; (2) mixtures or limitations or permitted uses; (3) special performance standards and development regulations; and (4) other matters as appropriate to promote the special public interests of the district; WHEREAS, on June 15, 2010 the City Council held a public hearing as required by law and approved the modified Rayzor Ranch Overlay District under Ordinance No. 2010 -158, which incorporated additional regulations under Ordinance 2008 - 018(4`2010 Ordinance "); WHEREAS, on , the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after having given the requisite notices by publication and otherwise, and having held full and fair hearings for all property owners interested in this regard, recommended approval of the overlay changes in this Ordinance; 1 WHEREAS, on , the City Council likewise conducted a public hearing as required by law, and finds that this Ordinance meets and complies with all substantive and procedural standards set forth in the Denton Development Code and is consistent with the Denton Code of Ordinances and the Denton Plan, as amended; WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District serves a public purpose by permitting the development of a regional shopping center and complementary peripheral development to create a unique, walkable, mixed - use style of development that will set it apart from other shopping centers in the area; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the overlay changes in this Ordinance, have determined that the changes are in the best interests of the health, safety, morals, and general welfare of the City of Denton, are consistent with the Denton Plan, will protect and enhance the Property, and accordingly, the City Council of the City of Denton is of the opinion and finds that the said overlay changes should be granted as set forth herein. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and are found to be true. SECTION 2. Ordinance Nos. 2010 -158 and 2008 -018 are only amended to the extent that they are inconsistent with the changes as established herein. Any provisions not addressed by this Ordinance shall continue with full force and effect and any official actions taken as a result of the original ordinances prior to the effective date of this Ordinance are hereby ratified, affirmed, and adopted. Nothing herein shall repeal or modify any permit approvals for property within the Rayzor Ranch Overlay District approved prior to the effective date of this Ordinance, including, but not limited to, approved site plans, plats, and building permits and /or any rights that may be associated with those permits. SECTION 3, Chapter 35, Subchapter 7 "Denton Development Code ", "Special Purpose and Overlay Districts ", Code of Ordinances, City of Denton, Texas is hereby amended by amending Section 35.7.15. Rayzor Ranch Overlay District, to read as follows: 35.7.15.0 Rayzor Ranch Overlay District. The Rayzor Ranch Overlay District classification is hereby defined with respect to approximately 410 acres of land, legally described in Exhibit "A" to Ordinance 2008 -018. 2 35.7.15.1 Purpose. The purpose of establishing the Rayzor Ranch Overlay District is to: A. Insure compatibility of new construction with the existing scale and characteristics of surrounding properties; and B. Protect and enhance specific land features which have characteristics distinct from lands and structures outside this Special Purpose District; and C. Provide within the Rayzor Ranch area a combination of land uses arranged and designed in accordance with sound site planning principles and development techniques; and in such a manner as to be properly related to each other, the immediate surrounding area, the planned mobility system, and other public facilities, such as water and sewer systems, parks, schools and utilities. 35.7.15.2 Application of Regulations. A. The Rayzor Ranch Overlay District shall be consistent with the Denton Plan. B. The regulations included in this Ordinance apply to the portions of Rayzor Ranch that are located both north and south of US 380 / West University Drive (US 380). The portion of Rayzor Ranch north of West University Drive (US 380) is hereinafter referred to as Rayzor Ranch Marketplace and the portion of Rayzor Ranch located south of West University Drive (US 380) is known as the Rayzor Ranch South Campus. C. The development regulations that are applicable to properties north of US 380, including those that have building permits issued or in process at the date of adoption of this ordinance (specifically Lots 6R, 7R, 8R, 9, 10, 12 and 13 of the Rayzor Ranch North Addition), and the Cook Children's tract and the Denton Municipal Electric (DME) Substation tract south of US 380 are governed the regulations established in Ordinances 2008- 284 and 2009 -169. D. The City rules and regulations applicable to the development of property located within the NRMU and RCC -D zoning districts are applicable, except as otherwise provided by this Overlay District and further 3 restricted or excepted herein and may not be varied or excepted other than by amendment of these standards. E. Provisions for solid waste receptacles shall follow the City of Denton Solid Waste Criteria Manual. F. The District shall retain the underlying zoning district and be noted with an overlay designation on the Official Zoning Map. G. The District may be developed in phases. If the common amenities for future phases, including but not limited to open spaces, landscaping and /or recreational facilities are not yet constructed; a phasing plan may be considered as a component of the final plat. If provided, a phasing plan shall contain a graphic and narrative document that indicates the sequence and time of construction, provides a description of the phasing order (e.g. 1, 2 & 3) and includes infrastructure requirements for each phase, as amended from time to time with approval of the City Manager. H. Before building permits may be issued for any portion of the project, a Site Plan for that portion of the project must be approved in conformance with this Ordinance and applicant must demonstrate compliance with this ordinance and all attached exhibits. The site plan requirement does not apply to Lots 6R, 7R, 8R, 9, 10, 12 and 13 of the Rayzor Ranch North Addition. All other properties north of US 380 and the Cook Children's tract and the Denton Municipal Electric (DME) Substation tract south of US 380 are governed by the regulations established in Ordinances 2008 -284 and 2009 -169 including Section 35.7.13.5 Marketplace - Subarea 2 Development Standards (RR -3, P, and RR -2) that states in part: Permitted Uses. These uses must be located within the Subareas as shown on the attached Exhibit B. I. Development within Rayzor Ranch shall conform to the adopted Concept Plan attached as Exhibit B" to these regulations. The Concept Plan is intended to be used as the first step in the overlay development process. The Concept Plan establishes the initial plan for general zoning guidelines in the District by illustrating in graphic form both internal and external streets, thoroughfares, other means of access, open spaces, natural resources, uses, densities, intensities and height. Any adoption of or amendment to the Concept Plan shall follow the procedures for Zoning Amendments in Section 35.3.4 of the Denton Development Code. The following information should be provided for a complete Concept Plan: 4 a. The date, written and graphic scale, north arrow, proposed name of the development, key map showing the location of the development in relation to existing streets and highways and dates of preparation and revisions. b. The name and address of the property owner or owners, and the design professional preparing the plan. c. The names of the record owners of adjacent land. d. Title Block containing: Proposed name of the subdivision or lot of record, acres in platted and unplatted land and total of those acres, survey and jurisdiction (City of Denton, County of Denton, Texas, for example). e. Acreage of the project. £ Show and label any proposed phasing limits. g. Survey boundaries of the project (or references to the survey). h. Proposed general land uses and the acreage of each subarea as defined in Exhibit B, including open space locations. i. Proposed street layout (arterial level required, collector and local to be developed by the applicant and reviewed by staff) and general location of internal and external streets, alleys, thoroughfares, and other means of access. j. Development Standards: i. Maximum height of buildings ii. Minimum lot area iii. Minimum lot width and depth iv. Building setbacks v. Maximum lot coverage vi. Maximum floor to area ratio vii. Off- street parking standards k. 100 year floodplain, floodway and major drainage ways. 1. City limits and Extraterritorial Jurisdiction (ETJ) boundaries. 5 m. Zoning districts and land uses on project and adjacent lands. n. Preliminary water and sanitary sewer layout and drainage facilities locations. J. Site flan —Site Plans are intended to demonstrate and confirm that each phase of- development moving towards construction complies with all of the design requirements of this Ordinance and the applicable portions of the Denton Development Code. Site Plans shall substantially conform to the Concept Plan as depicted in Exhibit B. The following requirements shall apply: 1. The District may be developed in multiple phases. If the District is developed in phases, a Site Plan shall be approved for each phase. However, this section does not preclude the approval of an overall Site Plan for the entire District, or a substantial portion of the District, at the option of the property owner. 2. Site Plans shall be approved by the Planning and Zoning Commission in lieu of the Staff Review Procedure under Sec. 35.3.7 of the Denton Development Code. The Planning and Zoning Commission decision on Site Plans may be appealed to the City Council by the applicant; however, no further public hearing notification or public hearing shall be required on appeal. If appealed to City Council, the City Council's decision on a Site Plan is final. 3. Complete Site Plans shall confirm the zoning details previously approved in the Concept Plan as well as provide additional design and architectural standard details by illustrating in a graphic form the following: a. Acreage in project shown by survey and certified by a registered surveyor; b. Permitted land uses and acreage of each land use; c. Land uses and zoning of adjacent properties; d. Drainage facilities; e. Other existing or proposed off -site improvements as required; f. Location, type and size of all streets, alleys, parking lots and spaces, loading areas or other areas to be used for vehicular traffic; N g. Proposed access and connection to existing or proposed streets and traffic generated by the proposed uses; h. Non - residential: location, maximum height (in feet), minimum setbacks, and maximum floor area ratio (FAR) of buildings; i. Residential development must show number, location and dimension of all lots, minimum setbacks, number of dwelling unit and density; j. Location of all creeks, ponds, lakes, floodplain, and/or other water retention or major drainage facilities and improvements; k. Location size and route of all mlior water, wastewater, electrical lines and other facilities necessary to serve the project; 1. Location of all protected trees (10+ inches) and a detailed landscape plan demonstrating compliance with the approved landscape requirements for Rayzor Ranch as set for in Exhibit "D "; m. Location, type and size of all fences, berms, or screening features; n. Sidewalks or other pedestrian or bicycle access; o. Building elevation(s); and, p. Demonstrated compliance with the architectural standards in Exhibit C, with attached appendices as applicable. K. Approval Criteria. Site Plans shall be approved if: 1. The Site Plan substantially complies with the Concept Plan previously approved by City Council; 2. The Site Plan provides for the design and arrangement of driveways and parking spaces in accordance with the applicable requirements of the Denton Development Code, as modified by the Rayzor Ranch Overlay District; 3. There are adequate utilities, drainage and supporting infrastructure or it shall be provided in accordance with the applicable requirements of the Denton Development Code, as modified by the Rayzor Ranch Overlay 7 District; 4. The Site Plan fully complies with all other sections of the Rayzor Ranch Overlay District. L. Minor Amendment. The Director of Development Services may approve minor aesthetic deviations to architectural elevations and other approved site design standards and details associated with the Rayzor Ranch Overlay District, if necessary to protect the viability of the district as a whole, except that no amendment may change any use restriction or subarea boundary. M. Expiration of Site Plan. Any approved Site Plan shall be valid for twenty -four (24) months fi-om the date of its approval. If no construction begins pursuant to a building permit issued for the property within the twenty -four (24) months, the site plan shall expire and no longer be valid. The Planning and Zoning Commission may, for good cause, extend for up to three hundred sixty (3 )60) days the expiration date of the Site Plan. 35.7.15.3 Land Divisions. The Rayzor Ranch overlay district shall be divided into two major divisions, separated generally by US 380 (University Drive): the Rayzor Ranch Marketplace; and the Rayzor Ranch South Campus. A. The Rayzor Ranch Marketplace shall be divided into three subareas as depicted in Exhibit B and detailed below. RR -3 — The Rayzor Ranch Marketplace RR -3 Area, depicted as RR -3 on Exhibit B. is intended as a retail area with uses allowed in the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district, and designed to promote the overall character and purpose of this overlay district. The RR -3 section of the Rayzor Ranch Marketplace (RR -3) is referred to as the RR -3 Area in the Architectural Standards, Landscape Standards, and Signage Standards in Exhibits B, C. D, and E, and vice versa. 2. RR -2 — The Rayzor Ranch Marketplace RR -2 Area, depicted as RR -2 on Exhibit B, is intended to as a retail area with uses allowed in the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district, and designed to promote the overall character and purpose of this overlay district. The RR -2 section of the Rayzor Ranch Marketplace is referred to as the RR -2 Area in the Architectural 13 Standards, Landscape Standards, and Signage Standards in Exhibits B, C, D, and E, and vice versa. 3. Residential (NRMU -12 & NR -3) — The Rayzor Ranch Marketplace Residential Area, depicted as NRMU -12 and NR -3 on Exhibit B, is intended for residential development. Development standards for this area are not currently incorporated into this Overlay but will be adopted prior to any development or site plan approval in this area. B. The Rayzor Ranch South Campus shall be divided into the following live subareas, as depicted in Exhibit B: 1. Town Center (RR -1) — The Town Center (RR -1), depicted as RR- I on Exhibit B -1, is intended to define a mixture of certain specified nonresidential, retail and residential uses currently allowed within the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district, and designed to promote the overall character and purpose of this overlay district. The Town Center (RR -1) is also referred to as the RR -I Area in the Architectural Standards, Landscape Standards, and Signage Standards in Exhibits B, C -1, D -1, and E -1 and vice versa. 2. South RR -2 District — The South RR -2 District is intended to define certain specified uses currently allowed within the RCC -D zoning district classification and use designation, as further modified by this overlay zoning district. The South RR -2 District is also referred to as the South RR -2 Area in the Architectural Standards, Landscape Standards, and Signage District in Exhibits C -1, D -1, and E -1. 3. South Mixed -Use District —The South Mixed Use District is intended to accommodate certain specified nonresidential, single - family and multi - farnily residential uses, as further modified by these overlay requirements. The South Mixed -Use District will also be referred to as the RR, BH, MF, O, CC, P, Hotel, and SF Areas in the Architectural Standards. Landscape Standards, and Signage Standards in Exhibits to be incorporated in Exhibits C -2, D -2, and E -2. 4. DME Substation — The DME Substation property is intended to accommodate a utility substation and is governed by the regulations established in Ordinances D 2008 -284 and 2009 -169. 5. Cook Children's Hospital —The Cook Children's property is intended to accommodate a hospital and is governed by the regulations established in Ordinances 2008 -284 and 2009 -169. 6. Drill Pad - The Drill Pad property is intended to accommodate gas well development, and is governed by Ordinances 2008 -284 and 2009 -169, and further restricted by Specific Use Permit (SUP) No. S09 -0006, Ord. No. 2009 -257. 35.7.15.4 Development Standards. A. Generally. The Rayzor Ranch Overlay establishes architectural and landscape design as development standards to effectuate the purpose of the district. The City rules and regulations applicable to the development of property in the RCC -D and NRMU districts are applicable, except as otherwise provided by this Overlay District and further restricted or excepted herein. B. Definitions. The following definitions shall apply to the Rayzor Ranch Overlay District: Bi(y House: A type of residential development where 10 or fewer dwelling units are located in a single building which is intended to resemble a single large house. The dwelling units can be vertically or horizontally integrated. Dwelling units developed as a Big House use will count towards the total number of multi- family dwelling units and not toward the total number of single - family dwelling units allowed in Rayzor Ranch listed in Section 35.7.15.7.A.1. 2. Continuing Care Retirement Center: A facility that integrates multiple senior living options into one facility including skilled nursing, assisted living, dementia care, as well as independent living. This use is not considered a multi- family dwelling unit. (Ordinance No. 2007-110). 3. Convention Center: A facility used in connection with a convention or meeting center, or similar facility, including auditoriums, exhibition halls, facilities for food preparation and service, parking facilities, administrative offices and ancillary development such as a hotel. 10 4. Garden -Style Home: A single - family dwelling on a separate lot with building setbacks only on three sides commonly developed in a cluster formation. This development type is also known as zero lot line homes or patio homes. 5. Helipad: A landing pad for occasional use by rotary wing aircraft. Regularly scheduled stops and fueling or servicing facilities are not permitted as part of this use. 6. Open Space: Open space includes all surface areas of the project that are not covered with enclosed buildings, or parking and drive areas. Pedestrian plazas and sidewalks (covered or uncovered) count as Open Space. In addition, areas of Rayzor Ranch, such as easements or rights -of -way, that may be owned or controlled by a governmental agency, but that are being maintained privately, will count towards the open space and landscape area requirements. Open Space in the Marketplace shall be defined by Ordinance 2009 -169. 7. Plaza or Public Area Space: An area identified on an approved Site Plan which is designated for public or civic use. This area can be part of a private development or included within a Park. 8. Ra jzor Ranch: The comprehensive development which includes all phases defined within the Rayzor Ranch Overlay District. (Ordinance 2008 -284). 9. Stormwater Control and /or Detention Areas: Facilities dedicated to the collection, or transportation of stormwater runoff. 10. Storm Water Control: Storm water controls (sometimes referred to as best management practices or BMPs) are constructed storm water management facilities designed to treat storm water runoff and /or mitigate the effects of increased storm water runoff peak rate, volume and velocity due to urbanization. 11. Storm Water Quality Areas: Facilities for the collection and treatment of storin water runoff. 12. Townhouse-style: A dwelling structure not to exceed three stories in height, containing a minimum of three and no more than eight dwelling units within a building, which is constructed in a series or group of attached units on one lot. up to eight (8) units, meeting fire protection requirements and the following additional requirements. Seventy -five percent (75 %) of the dwellings built in compliance with the Townhouse Style development regulations are considered attached single - family dwelling units for the purpose of calculating the total number of units 11 allowed in the Rayzor Ranch South Campus and will count towards the total number of single- family attached dwelling units and not toward the total number of multi- family dwelling units allowed in Rayzor Ranch listed in Section 35.7.15.7.A.1. Conversely, 25% of each phase of the Townhouse -style dwellings constructed shall count against multifamily. a. Each unit features at least two points of direct exterior access to the structure; b. Each unit is separated from the other dwellings in the structure by fire rated common walls; c. No units are vertically above or below another uses or unit within the structure; d. Each unit features an individual meter for each utility; and c. Each unit features access to a public street or alley. 35.7.15.5 Marketplace — Subarea I Development Standards (Sh -1) as defined in Ordinance 2008 -284. [TO BE INCORPORATED LATER] 35.7.15.6 Marketplace — Subarea 2 Development Standards (RR -3, P, and RR -2) as defined in Ordinance 2008 -284. In Subarea 2 of the Rayzor Ranch Marketplace, the City rules and regulations applicable to the development of property located within an RCC -D zoning district are applicable, except as otherwise provided by this Overlay District and further restricted or excepted as follows: Permitted Uses. "These uses must be located within the Subareas as shown on Exhibit B as follows: A. RR -3: wholesale sales, retail construction materials sales with a minimum floor area of 100,000 square feet, quick vehicle servicing; garden center with container plant materials and associated garden supplies only accessory to retail or a home improvement center in excess of 100,000 square feet, retail sales and services, restaurants, parks and open space and professional services and offices. All other uses are prohibited. 12 B. RR -2: retail sales and services, restaurants, drive- through facilities, indoor recreation, parks and open space and professional services and offices. All other uses are prohibited. C. P: parks and open space, water quality feature as defined in this ordinance. All other uses are prohibited. 35.7.15.7 South Campus - General Use and Development Standards. A. Residential Dwelling Units. 1. The South Campus shall not exceed the following number of dwelling units by type: a. 185 single - family detached dwellings; b. 496 single - family attached dwellings; C. 1,800 multi- family units. i. 1,050 of the allowed 1,800 multi- family dwelling units are to be constructed inside the Density Zone and cannot be rented by the room and cannot contain more than three (3) bedrooms in any individual unit. ii. The remaining 750 multi - family dwelling units can be built within those areas identified for MF uses within Exhibit B and cannot contain more than three (3) bedrooms in any individual unit. d. Approved densities shall be contingent upon demonstration that planned public infrastructure is sufficient to sustain the herein approved densities. 2. The first 750 multi- f:arnily residential units in the South Campus shall not be permitted or constructed until the non- residential component of Phase 1 of the Town Center (RR -1) has had a site plan approved, and until the first 100,000 square feet of the Town Center (RR -1) and RR -2 construction has: (1) received building permits, and (2) has been inspected and issued a t' tag by the City for the building foundations. The remaining 1,050 multi - family residential units may be permitted and constructed when the first 600,000 square feet of the Town Center (RR -1) and RR -2 construction has received building permits and the City has inspected and issued a green tag for the building foundations. 13 B. South Campus —Town Center (RR -1). 1. The Town Center (RR -1) property is located within an RCC -D base zoning district. Permitted uses are limited to the specific land use categories set forth below, as defined, limited and permitted by the Denton Development Code for the RCC -D zoning district classification and use designation, or as further restricted or excepted in this overlay. a. Permitted Uses: i. Hotels, ii. Retail Sales and Services; iii. Movie Theaters, iv. Restaurants; v. Drive - through Facilities; vi. Professional Services and Offices; vii. Outdoor Recreation, including an amphitheater; viii. Indoor Recreation; ix. Commercial Parking Lots; x. Parks; xi. Open Space; xii. Hospital; xiii. Medical Centers; xiv. Convention Center xv. Storm Water Control and /or Detention; xvi. Major Event Entertainment; xvii. Storm Water Quality Areas; xviii. Multifamily. b. Allowable with limitations: i. Community Service - Restricted to museums, educational facilities and governmental uses only. c. Allowable through Specific Use Permit approval: i. Basic Utilities; ii. Group Homes. d. Sexually - oriented businesses and all other uses defined by the Denton Development Code are prohibited. 2. Density and Intensity: 14 a. The maximum F.A.R. shall be 4.0. b. The maximum lot coverage shall be 90% in accordance with Appendix D -1. C. The minimum landscaped area shall be 10% in accordance with Appendix D -1. d. The minimum tree canopy coverage at maturity shall be 25% in accordance with Appendix D -1. e. The maximum building height shall be 100 feet above grade, except for hotels and office uses which shall not exceed 200 feet in height above grade. No structure shall exceed a maximum height above mean sea level as determined by the Federal Aviation Administration (FAA) or other appropriate regulatory agency. f. As set forth in Figure 2 of Section 35.13.13.2 of the Denton Development Code, a residential proximity slope shall be present between new development within the Rayzor Ranch South Campus and an existing single - family use outside of the Overlay District. A 35- decree residential proximity slope angle is measured from a point 40 feet above grade at the minimum setback line. 3. Design Standards. a. Exhibits C -1, D -1, and E -1 to this ordinance set forth the Architectural Standards, Landscape Standards, and Sign Standards for the Town Center (RR -1). C. South Campus - South RR -2 District. 1. The South RR -2 District property is located within an RCC -D base zoning district. Permitted uses are limited to the specific land use categories set forth below, as defined, limited and permitted by the Denton Development Code I'm- the RCC -D zoning district classification and use designation, or as further restricted or excepted in this overlay. f. Permitted Uses : i. Hotel; ii. Retail Sales and Services; iii. Movie Theaters; iv. Restaurants; v. Drive - through Facilities vi. Professional Services and Offices; 15 vii. Quick Vehicle Servicing; viii Outdoor Recreation; ix. Indoor Recreation; x. Parks: xi. Open Space; xii. Hospital; xiii. Medical Centers; xiv. Convention Centers: xv. Storm Water Control and /or Detention; xvi. Storm Water Quality Areas. g. Allowable with Limitations: i. Community Service - Restricted to museums, educational facilities and governmental uses only. h. Allowable through Specific Use Permit approval: i. Group Homes; ii. Basic Utilities; i. Sexually- oriented businesses and all other uses defined by the Denton Development Code are prohibited. 2. Density and Intensity: a. The maximum F.A.R. shall be 4.0. b. The maximum lot coverage shall be 90% in accordance with Appendix D -1. c. The minimum landscaped area shall be 10% in accordance with Appendix D -1. d. The minimum tree canopy coverage at maturity shall be 25% in accordance with Appendix D -1. e. The maximum building height shall be 100 feet above grade, except for hotels and office uses which shall not exceed 200 feet in height above grade. No structure shall exceed a maximum height above mean sea level as determined by the Federal Aviation Administration (FAA) or other appropriate regulatory agency. 4'. As set forth in Figure 2 of Section 35.13.13.2 of the Denton Development Code, a residential proximity slope shall be present W. between new development within the Rayzor Ranch South Campus and an existing single- family use outside of the Overlay District. A 35- degree residential proximity slope angle is measure from a point 40 feet above grate at the minimum setback line. 3. Design Standards. a. Exhibits C -1, D -1, and E -1 to this ordinance set forth the Architectural Standards, Landscape Standards, and Sign Standards for the South RR -2 District. D. South Campus - South Mixed Use District. 1. "The South Mixed Use District property is located within the RCC -D and NRMU base zoning districts. Permitted uses are limited to the specific land use categories set forth below, as defined, limited and permitted by the Denton Development Code for the RCC -D and NRMU zoning districts classification and use designation, or as further restricted or excepted in this overlay. a. Permitted Uses, except as follows: The only uses permitted within the area designated as SF in Exhibit B are Single Family Dwellings, Attached Single Family Dwellings, Community Homes for the Disabled, Parks, and Open Space. The uses below are permitted within the area designated as BH /MF /O /SF in Exhibit B except for Hotels, Retail Sales and Services, Movie Theaters, Restaurants, Drive - Through Facilities, Quick Vehicle Servicing, Indoor Recreation and Convention Center are not permitted. i. Single Family Dwellings; ii. Attached Single Family Dwellings, iii. Community Homes for the Disabled, iv. Multi - Family Dwellings; v. Townhouse -style Dwellings vi. Hotels; vii. Retail Sales and Services viii. Movie Theaters; ix. Restaurants; x. Professional Services and Offices; xi. Indoor Recreation; xii. Parks; xiii. Open Space; xiv. Hospital; xv. Medical Centers; xvi. Big I-louses; xvii. Elderly Housing, xviii. Continuing Care Retirement Centers; xix. Convention Center; 17 xx. Storm Water Control and /or Detention; xxi. Storm Water Quality Areas; and b. Allowable with Limitations i. Community Service - Restricted to museums, educational facilities and governmental uses only. c. Allowable through Specific Use Permit approval: i. Major Event Entertainment; ii. Group Homes; iii. Basic Utilities; iv. Helipads as an accessory use to a Hospital; v. Quick Vehicle Servicing (SUP required when abutting residential use or zoned property, otherwise use is permitted in the RR designated areas as shown in Exhibit B); vi. Drive - through facilities (when abutting residential use or zoned property otherwise use is permitted in the RR designated areas as shown in Exhibit B); d. Sexually- oriented businesses and all other uses defined by the Denton Development Code are prohibited. 2. Density and Intensity. a. The maximum F.A.R. shall be 4.0. b. The maximum lot coverage shall be 90% in accordance with Appendix D -2. (80% for Single - Family Detached Residential) c. The minimum landscaped area shall be 10% in accordance with Appendix D -2. (20% for Single - Family Detached Residential) d. The minimum tree canopy coverage at maturity shall be determined in accordance with Appendix D -2. (40% for Single - Family Detached Residential) e. The maximum building height shall be 65 feet for single - family and townhouse, 100' for all others, except for hotels and office uses which shall not exceed 200' in height above grade and shall not exceed a maximum height above mean sea level as determined by the federal Aviation Administration (FAA) or other appropriate regulatory agency. f. A residential proximity slope shall be present between new development within the Rayzor Ranch South Campus and an existing single - family use M. outside of the Overlay District. A 35- degree residential proximity slope angle is measure from a point 40 feet above grate at the minimum setback line. g. In addition to these Overlay regulations, all multi - family development will comply with the provisions of Section 35.13.13.2 of the Denton Development Code as this section addresses building design and site development standards. 3. Design Standards. a. Exhibits C -2, D -2 and E -2 to this ordinance set forth the Architectural Standards, Landscape Standards, and Sign Standards for the South Mixed Use District. These will be incorporated at a later date. 35.7.15.8 Landscaping and'Tree Mitigation. A. Subchapter 13 of the Denton Development Code and Site Design Criteria Manual shall apply to the Rayzor Ranch South Campus regarding landscaping and Tree Mitigation. Additionally, the following standards shall apply: 1. Landscaping and Tree Mitigation shall meet the standards as set forth in Exhibits D, D -1 and D -2 of this Ordinance. 2. Trees planted to address tree mitigation will be credited on the actual caliper inch of the tree planted. 3. Required tree mitigation funds will be put into a segregated tree mitigation account administered by the City of Denton. These funds will be released back to the Developer incrementally at the rate of $125.00 per caliper inch for trees planted by the Developer, as the Developer certifies to the City that the trees have been planted and are in a healthy condition and the City arborist confirms that the trees have been planted and are in a healthy condition. 4. Mitigated trees may be planted throughout the Rayzor Ranch property or as specified in Exhibits D, D -1 and D -2. 5. Any open space, tree canopy, landscape area, and tree mitigation credits established pursuant to Ordinance 2009 -169 may be applied throughout the entirety of Rayzor Ranch. 6. Open space, tree canopy, and landscape shall be calculated as part of the entirety of Rayzor Ranch rather than on a site -by -site basis. 19 7. Tree preservation requirements can be found in Subchapter 13 of the Denton Development Code. 8. Refer to Table 35.13.7.8 in the Denton Development Code for preservation and mitigation requirements. 35.7.15.9 Architecture. A. Architecture must meet the standards set forth in Exhibits "C ", "C -1 or C -2" of the Ordinance and shall meet the guidelines stated in each District Design heading as stated within the Ordinance. 35.7.15.10 Parking Standards. A. The rules and regulations per Subchapter 14 of the Denton Development Code and Site Design Criteria Manual shall apply to the Rayzor Ranch South Campus regarding parking standards with the following exceptions: 1. Maximum Allowable Number of Parking Spaces. a. Subsection 35.14.4.E shall not apply to the Rayzor Ranch Overlay. 2. Parking in the rear or front. a. Subsection 35.13.13.3.0 is excepted to allow parking in front of a building (between the building and street or right -of -way), if it meets the requirements in the Landscape Standards, Exhibit D- I or D -2 35.7.15.11 Drainage. A. General. 1. In this overlay district, the drainage improvements shall be designed in accordance with the requirements provided in the Denton Development Code Section 35.19 and the Drainage Criteria Manual. 2. Final Acceptance or Certificate of Occupancy of any structure in the South Campus (RR -1 or RR -2) district may not be requested until the improvements to the detention pond west of Bonnie Brae Road and North of U.S. 380 are accepted by the Public Works Inspection Department. 3. Approval may not be granted for any Final Plat that does not comply with the stormwater requirements of the Denton Development Code and Criteria Manuals. WE B. Storm Water Quality. 1. Preliminary and Final Plats within the drainage area south of US 380 / West University Drive, for land that drains into North Lakes Pond, will include provisions for onsite or regional storm water quality enhancement, including dedication of drainage easement areas as necessary to construct the storm water quality structural controls and management practices as described in Exhibit "F ". Approximately 76 acres of Rayzor Ranch South drains into the water quality / detention basin north of West University Drive (US 380). The stormwater quality controls approved in the Rayzor Ranch iSWM Plan do not account for any hot spots polluting areas south of University Drive. In the event of a proposed use within the 76 acres met the definition of a hot spot pollutant generator, an evaluation of the capacity of the iSWM treatment train could be required and additional stormwater quality controls may be required. 2. The storm water quality controls shall be constructed as part of the storm drainage improvements for the development. 3. Engineering inspection fees shall be paid to the City for the inspection of all storm water quality controls during construction. Upon City's request, designer shall certify to the best of the designer's knowledge, that the storm water quality controls and management practices were constructed in accordance with the approved plans. a. Building Permits are not prohibited by these additional drainage restrictions above, provided that a construction schedule is committed to for the improvements, an onsite detention pond has been constructed and accepted by the City, and all other applicable requirements for issuance have been satisfied. 35.7.15.12 Transportation. A. Required Improvements in Addition to Those Required by the Denton Development Code and Criteria Manuals: 1. Required 20 -foot visibility triangles shall be measured from the curb line not the property line. 2. Allegiance Hillview, L.P. or its assignee will construct, at its expense, those 21 segments of Heritage Trail Boulevard and Panhandle Street abutting and adjacent to the Cook Children's Hospital Tract. Allegiance Hillview, L.P. or its assignee will work with City of Denton staff to set forth triggering points for roadway and other infrastructure improvements based on platting activity, traffic impact analyses, etc. 35.7.15.13 Street Standards. A. In this overlay district, the City rules and regulations regarding street standards, as well as the standards designed and incorporated by Section 35.20.2 shall apply. B. Traffic circles or roundabouts are allowed and encouraged in Rayzor Ranch subject to approval by the City Engineer and the Denton Development Code and Criteria Manuals. 35.7.15.14 Water and Wastewater Standards. A. h1 this overlay district, the City rules and regulations regarding water and wastewater standards shall apply. B. Allegiance Ilillview, L.P. or its assignee will work with City of Denton staff to set forth triggering points for water and wastewater infrastructure improvements based on analysis, studies or models undertaken to support specific final plat activity. 35.7.15.15 Gas Well Development. A. Gas well development is permitted only within the area designated as the "Drill Pad" on Exhibit B, with Specific Use Permit approval from City Council prior to issuance of a gas well plat and drilling site plan. All gas well development will be subject to the requirements of the Denton Development Code, and as further restricted by Ordinances 2008 -284, 2009 -169, 2009 -257, and 2015 -233. 35.7.15.16 Property Owner Associations (POA). A. One or more Property Owner Associations (POA) shall be established from the maintenance of all common property not fully dedicated for public use. Documents establishing the POA must be submitted and approved as a required component of the final plat application, providing for the maintenance, repair. replacement and liability obligations of the POA for private roads, alleys, gates, fences, street lighting, drainage and or other held facilities and /or common 22 areas, appurtenances, associated ancillary items and improvements. The POA shall authorize the City to file a lien, to foreclose, or to otherwise secure payment from property owners concerning the maintenance, repair and placement, in part or in whole, of all privately held common areas, including but not limited to stormwater control and /or detention areas, stormwater quality areas, street lighting and other appurtenances and /or other associated ancillary items. 2. The POA documents must be submitted to, reviewed and approved by the City Attorney, prior to final plat approval for plats that include common areas. 3. The POA may not be dissolved, imi inay deed restrictions and covenants providing for maintenance of common areas be deleted or amended, without prior written consent of the City Council and plat amendment. 4. The final plat and restrictive covenants shall contain language whereby the property owners defend and hold harmless the City from claims and suits for property damage or bodily injury (including death) arising from the conditions, use or operation of any privately owned parks, open spaces, common amenities, streets or facilities. SECTION 4. The City Council hereby adopts these amendments to the Rayzor Ranch Overlay District. SECTION 5. If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity or the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be fined 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 7. 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, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. 23 PASSED AND APPROVI?,D this the day of 2016. ATTEST: JENNIFER WALTERS, CITY SECRETARY IN APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY t By. 'be to 24 CHRIS WATTS, MAYOR List of Exhibits • Exhibit A o A- l — Metes and Bounds Description of the Rayzor Ranch Overlay District North o A -2 — Metes and Bounds Description of the Rayzor Ranch Overlay District South • Exhibit B o Exhibit B -1 Concept Plan o Exhibit B -3 Density Zone Plan o Exhibit B -4 Base Zoning Map o Exhibit B -5 Marketplace /DME Site Plan Exhibit C — Architectural Standards o C — Marketplace Architectual Standards o C-1 — South RR -2 and 'Town Center (RR -1) Architectural Standards o C -2 — South Mixed Use Architectural Standards — Place holder (To be incorporated later) o C -3 — Multi - family Design Standards • Exhibit D — Landscape Standards o D — Marketplace Landscape Standards o D -1 — South RR -2 and Town Center (RR -1) Landscape Standards o D -2 — South Mixed Use Landscape Standards - Place holder (To be incorporated later) • Exhibit E — Sign Standards o E — Marketplace Sign Standards o E -1 — South RR -2 and Town Center (RR -1) Sign Standards o E -2 — South Mixed Use Sign Standards - Place holder (To be incorporated later) • Exhibit F — Water Quality Standards for the portion of South Campus, South RR -2 District that drains to North Lake and Drainage Map 0 Exhibit G —Trade Dress Criteria • Exhibit H — Street Sections 25 EXHIBIT A -I LEGAL DESCRIPTION RAYZOR RANCH — NORTH BEING a 149.47 acre tract of land situated in the Francis Batson Survey, Abstract Number 43, Denton County, Texas, in the City of Denton, being a portion of the tract of land described as Tract Two in the deed to Allegiance Hillview, LP, recorded in Document Number 2006 - 41743, Deed Records of Denton County, Texas, being all of the tracts of land described in the deeds to Allegiance Hillview, LP, recorded in Document Number 2006 -41741 and Document Number 2006 - 50702, Deed Records of Denton County, Texas, being all of the tract of land described in the deed to Wal -Mart Real Estate Business Trust, recorded in Document Number 2008 - 96503, Deed Records of Denton County, Texas, all of the tract of land described in the deed to Wal -Mart TRS, LLC recorded in Document Number 2008 - 96509, Deed Records of Denton County, Texas, all of the tract of land described in the deed to Sam's Real Estate Business Trust, recorded in Document Number 2008 - 96504, Deed Records of Denton County, Texas, all of the tract of land described as Tract I in the deed to RR Marketplace LP, recorded in Document Number 2008 - 134210, Deed Records of Denton County, Texas, and all of the tract of land described deed to First United Bank and Trust Company recorded in Document Number 2008 - 98595, Deed Records of Denton County, Texas, also being all of Rayzor Ranch North, an addition to the City of Denton according to the plats recorded in Document Number 2009 -118, Plat Records of Denton County, Texas, all of Rayzor Ranch North, an addition to the City of Denton according to the plat recorded in Cabinet Y, Slide 762, Plat Records of Denton County, Texas, and all of Rayzor Ranch North, an addition to the City of Denton according to the plat recorded in Cabinet Y, Slide 740, Plat Records of Denton County, Texas, said 149.47 acre tract of land being more particularly described as follows: BEGINNING at a point in the easterly right -of -way line of Interstate Highway 35 (a variable width right -of -way) for the most northerly northwest corner of Alvin & Charlotte Whaley Addition, an addition to the City of Denton according to the plat recorded in Cabinet I, Page 148, Plat Records of Denton County, Texas; THENCE with the easterly right -of -way line of Interstate Highway 35 North 15 °34'50" West a distance of 633.81 feet to the southwesterly corner of Greenway Club Estates, an addition to the City of Denton according to the plat recorded in Volume 4, Page 27, Plat Records of Denton County, Texas; THENCE with the southerly line of said Greenway Club Estates the following: North 73 °53'24" East a distance of 519.22 feet to the beginning of a non - tangent curve to the right, the radius point of said curve being situated South 16 °57'22" East a distance of 345.00 feet from said iron rod; Northeasterly along said curve through a central angle of 16 °45'31" an arc distance of 100.91 feet with a chord bearing of North 81'25'23" East and a chord distance of 100.55 feet to the end of said curve; June 9, 2010 South 89 °32'03" East at a distance of 364.57 feet to a point in the westerly line of said Allegiance Hillview tract (2006 - 41743) for the southeast corner of said Greenway Club Estates; THENCE departing the southerly line of said Greenway Club Estates with the easterly line of said Greenway Club Estates North 00 °33'11" West a distance of 450.46 feet to the southwest corner of Block 1, Westgate Heights Phase 1, an addition to the City of Denton, according to the plat recorded in Cabinet E, Page 77, Plat Records of Denton County, Texas; THENCE departing the easterly line of said Greenway Club Estates with the southerly line of said Block 1, Westgate Heights Phase 1 the following: North 89 °35'31" East a distance of 48.01 feet to a point for corner; South 87 012'35" East a distance of 1,043.04 feet to the southeasterly corner of said Block 1, Westgate Heights Phase l; THENCE departing the southerly line of said Block 1, Westgate Heights Phase 1 with the easterly line of said Block 1, Westgate Heights Phase 1 North 00 055'15" East a distance of 318.04 feet to the southwest corner of the tract of land described in the deed to The Estate of Jess Newton Rayzor, Lola LaCrosse, Trustee recorded in Document Number 2005- 87420, Deed Records of Denton County, Texas; THENCE departing the easterly line of said Block 1, Westgate Heights Phase 1 with the southerly line of said Jess Newton Rayzor Estate tract South 88 °51'35" East a distance of 2,022.29 feet to a point in the westerly right -of -way line of Bonnie Brae Street (an unknown width right -of -way) as described in the instrument recorded in Document Number 2008 - 96936, Deed Records of Denton County, Texas; THENCE with the westerly right -of -way line of Bonnie Brae Street the following: South 00 °59'30" West a distance of 788.12 feet to a point for corner; South 00 °49'16" West a distance of 558.56 feet to the point of intersection of the westerly right -of -way line of Bonnie Brae Street and the northerly right -of -way line of West University Drive (U.S. Highway 380, a variable width right -of -way) as described in the instrument recorded in Document Number 2008 - 96937, Deed Records of Denton County, Texas; THENCE departing the westerly right -of -way line of Bonnie Brae Street with the northerly right - of -way line of West University Drive the following: South 46 °01'20" West a distance of 94.22 feet to a point for corner; North 88 °46'51" West a distance of 4.10 feet to the point of curvature of a curve to the right having a radius of 185.00 feet; June 9, 2010 Northwesterly along said curve through a central angle of 08 °13'26" an arc distance of 26.55 feet with a chord bearing of North 84 °40'08" West and a chord distance of 26.53 feet to the point of tangency of said curve; North 80 °33'25" West a distance of 53.66 feet to the point of curvature of a curve to the left having a radius of 215.00 feet; Northwesterly along said curve through a central angle of 07'13'20" an arc distance of 27.10 feet with a chord bearing of North 84° 10'05" West and a chord distance of 27.08 feet to the point of reverse curvature of a curve to the right having a radius of 4,950.00 feet; Northwesterly along said curve through a central angle of 02 °20'23" an arc distance of 202.14 feet with a chord bearing of North 86 °36'34" West and a chord distance of 202.13 feet to the point of reverse curvature of a curve to the left having a radius of 5,050.00 feet; Northwesterly along said curve through a central angle of 01 °41'38" an arc distance of 149.29 feet with a chord bearing of North 86 °17'11" West and a chord distance of 149.28 feet to the end of said curve; South 02 °58'48" West a distance of 11.00 feet to the beginning of a non - tangent curve to the left, the radius point of said curve being situated South 19 °51'59" West a distance of 5,038.99 feet from said iron rod; Northwesterly along said curve through a central angle of 00 °42'23" an arc distance of 62.12 feet with a chord bearing of North 87 °29'12" West and a chord distance of 62.12 feet to the point of reverse curvature of a curve to the right having a radius of 185.00 feet; Northwesterly along said curve through a central angle of 07'14'06" an arc distance of 23.36 feet with a chord bearing of North 84 °13'21" West and a chord distance of 23.35 feet to the point of tangency of said curve; North 80 °36'18" West a distance of 53.72 feet to the point of curvature of a curve to the left having a radius of 215.00 feet; Northwesterly along said curve through a central angle of 08 °10'34" an arc distance of 30.68 feet with a chord bearing of North 84 °41'35" West and a chord distance of 30.65 feet to the point of tangency of said curve; North 88 °46'51" West a distance of 276.05 feet to a point for corner; North 43 °38'14" West a distance of 42.32 feet to a point for corner; South 85 °30'41" West a distance of 110.61 feet to a point for corner; June 9, 2010 South 46 °21'46" West a distance of 42.53 feet to a point for corner; North 88 °46'51" West a distance of 33.95 feet to the point of curvature of a curve to the right having a radius of 185.00 feet; Northwesterly along said curve through a central angle of 06 °07'31" an arc distance of 19.78 feet with a chord bearing of North 85 °43'06" West and a chord distance of 19.77 feet to the point of tangency of said curve; North 82 °39'20" West a distance of 77.97 feet to the point of curvature of a curve to the left having a radius of 215.00 feet; Northwesterly along said curve through a central angle of 06 °51'34" an arc distance of 25.74 feet with a chord bearing of North 86 °05'08" West and a chord distance of 25.73 feet to the point of compound curvature of a curve to the left having a radius of 5,050.00 feet; Southwesterly along said curve through a central angle of 03 °01'06" an arc distance of 266.03 feet with a chord bearing of South 88 °58'32" West and a chord distance of 266.00 feet to the end of said curve; South 83 °38'13" West a distance of 124.70 feet to the beginning of a non - tangent curve to the right, the radius point of said curve being situated North 00 °37'28" West a distance of 4,963.00 feet from said iron rod; Northwesterly along said curve through a central angle of 02 °40'54" an arc distance of 232.29 feet with a chord bearing of North 89 °17'01" West and a chord distance of 232.27 feet to the point of compound curvature of a curve to the right having a radius of 185.00 feet; Northwesterly along said curve through a central angle of 14 °00'29" an arc distance of 45.23 feet with a chord bearing of North 80 °56'19" West and a chord distance of 45.12 feet to the point of reverse curvature of a curve to the left having a radius of 215.00 feet; Northwesterly along said curve through a central angle of 14 °33'34" an arc distance of 54.63 feet with a chord bearing of North 81 ° 12'51" West and a chord distance of 54.49 feet to the southeasterly corner of the tract of land described in the deed to Wal -Mart TRS, LLC recorded in Document Number 2008 - 96509, Deed Records of Denton County, Texas; THENCE North 88 °29'38" West a distance of 315.41 feet to a point for corner; THENCE North 43 °29'37" West a distance of 42.34 feet to a point for corner; THENCE North 88 °37'58" West a distance of 47.55 feet to a point for corner; June 9, 2010 THENCE South 01 °22'12" West a distance of 44.84 feet to a point for corner; THENCE North 88 °39'14" West a distance of 63.71 feet to the southeasterly corner of Lot 2A, Rayzor Ranch Conveyance according to the plat recorded in Cabinet 4, Page 952, Plat Records of Denton County, Texas; THENCE departing the northerly right -of -way line of West University Drive with the easterly lines of said Lot 2A the following: North 00 °43'34" East a distance of 260.52 feet to the most easterly northeast corner of said Lot 2A; North 39 °49'24" West a distance of 19.25 feet to the most northerly northeast corner of said Lot 2A; THENCE departing the easterly lines of said Lot 2A North 88 °29'45" West at a distance of 64.25 feet passing the easterly line of the tract of land described in the deed to Mesquite Creek Development, Inc. recorded in Volume 4562, Page 683, Deed Records of Denton County, Texas, for northwesterly corner of said Lot 2A departing the northerly line of said Lot 2A in all a total distance of 295.07 feet to a point for corner; THENCE North 01 °30'15" East a distance of 80.00 feet to a point for corner; THENCE North 88 °29'45" West a distance of 286.86 feet to a point in the easterly line of Lot 1, Block A, Porter /Andrus Addition, an addition to the City of Denton, according to the plat recorded in Cabinet O, Page 45, Plat Records of Denton County, Texas; THENCE with the easterly line of said Lot 1, Block A, North 00 °43'47" West at a distance of 36.41 feet passing the common easterly corner of said Lot 1, Block A, and Lot 2, Block A, Porter /Andrus Addition, an addition to the City of Denton according to the plat recorded in Cabinet V, Page 856, Plat Records of Denton County, Texas, departing the easterly line of said Lot 1, Block A, with the easterly line of said Lot 2, Block A, in all a total distance of 220.36 feet to the common easterly corner of the tract of land described in the deed to Allegiance Hillview, LP, recorded in Document Number 2006 - 41741, Deed Records of Denton County, Texas and said Lot 2, Block A; THENCE with the common line of said Allegiance Hillview tract (2006 - 41741) and said Lot 2, Block A, Porter /Andrus Addition the following: North 88 °33'32" West a distance of 400.81 feet to the northwest corner of said Lot 2, Block A, Porter /Andrus Addition; South 01 °38'29" West a distance of 27.68 feet to a point in the southerly line of said Allegiance Hillview tract (2006 - 41741) for the northeasterly corner of Lot 2R, Block 1, June 9, 2010 Alvin & Charlotte Whaley Addition, an addition to the City of Denton according to the plat recorded in Cabinet I, Page 148, Plat Records of Denton County, Texas; THENCE departing the common line of said Allegiance Hillview tract (2006 - 41741) and said Lot 2, Block A, Porter /Andrus Addition with the northerly line of said Lot 2R, Block 1, Alvin & Charlotte Whaley Addition North 88 °23'07" West a distance of 400.60 feet to the POINT OF BEGINNING; CONTAINING a computed area of 149.47 acres (6,510,709 square feet) of land. June 9, 2010 EXHIBIT A -2 LEGAL DESCRIPTION RAYZOR RANCH — SOUTH BEING a 251.581 acre tract of land situated in the B. B. B. & C. R. R. Survey, Abstract Number 192, Denton County, Texas, in the City of Denton, being a portion of the tract of land described as Tract One in the deed to Allegiance Hillview, L. P. recorded in Document Number 2006- 41743, Deed Records of Denton County, Texas, and being all of the tract of land described in the deed to Cook Children's Health Care System recorded in Document Number 2008 - 116772, Deed Records of Denton County, Texas also being a portion of Block 1, Rayzor Ranch South according to the Conveyance Plat recorded in Cabinet Y, Slide 470, Plat Records of Denton County, Texas, and being all of Lot 2, Block 3, Rayzor Ranch South according to the Conveyance Plat recorded in Cabinet Y, Slide 690, Plat Records of Denton County, Texas, said 251.58 acre tract of land being more particularly described as follows: BEGINNING at a point in the easterly right -of -way line of Interstate Highway 35 (a variable width right -of -way), from which the point of intersection of the easterly right -of -way line of Interstate Highway 35 and the southerly right -of -way line of West University Drive (U. S. Highway 380, a variable width right -of -way) bears North 60 °32'22" East a distance of 45.36 feet to and North 00 °58'25" East a distance of 13.09 feet; THENCE South 88 °51'08" East a distance of 233.78 feet to the point of curvature of a curve to the right having a radius of 4,950.00 feet; THENCE Southeasterly along said curve through a central angle of 01 °49'37" an arc distance of 157.83 feet with a chord bearing of South 87 °56'20" East and a chord distance of 157.83 feet to the point of tangency of said curve; THENCE South 87 °01'32" East a distance of 75.84 feet to the point of curvature of a curve to the left having a radius of 5,050.00 feet; THENCE Southeasterly along said curve through a central angle of 01 °49'36" an arc distance of 161.01 feet with a chord bearing of South 87 °56'20" East and a chord distance of 161.00 feet to the point of tangency of said curve; THENCE South 88 °51'08" East a distance of 135.55 feet to apoint for corner; THENCE South 43 °51'08" East a distance of 42.43 feet to a point for corner; THENCE North 85'26'14" East a distance of 110.55 feet to a point for corner; THENCE North 46 °08'52" East a distance of 42.43 feet to a point for corner; THENCE South 88 °51'08" East a distance of 156.45 feet to the point of curvature of a curve to the right having a radius of 185.00 feet; June 9, 2010 THENCE Southeasterly along said curve through a central angle of 06 °16'36" an arc distance of 20.27 feet with a chord bearing of South 85 °42'50" East and a chord distance of 20.26 feet to the point of tangency of said curve; THENCE South 82 °34'33" East a distance of 78.67 feet to the point of curvature of a curve to the left having a radius of 215.00 feet; THENCE Southeasterly along said curve through a central angle of 06 °16'38" an arc distance of 23.56 feet with a chord bearing of South 87 °24'30" East and a chord distance of 23.54 feet to the point of tangency of said curve; THENCE North 89'27'11 " East a distance of 290.19 feet to a point for corner; THENCE South 44 °41'59" East a distance of 41.80 feet to a point for corner; THENCE North 83 °45'42" East a distance of 110.92 feet to a point for corner; THENCE North 45 °18'01" East a distance of 43.05 feet to a point for corner; THENCE South 89'27'11" East a distance of 217.23 feet to the point of curvature of a curve to the right having a radius of 4,961.00 feet; THENCE Northeasterly along said curve through a central angle of 00 °56'55" an arc distance of 82.15 feet with a chord bearing of North 89 °55'38" East and a chord distance of 82.15 feet to a point in the westerly line of Lot 1 -B, Pearcy /Christon Addition No. 1 an addition to the City of Denton according to the plat recorded in Cabinet L, Page 188, Plat Records of Denton County, Texas; THENCE with the westerly line of Lot 1 -B, Pearcy /Christon Addition No. 1 South 01 °08'26" West a distance of 593.84 feet to the southwesterly corner of said westerly line of Lot 1 -B, Pearcy /Christon Addition No. l; THENCE departing the westerly line of Lot 1 -B, Pearcy /Christon Addition No. 1 with the southerly line of said Lot 1 -B, Pearcy /Christon Addition No. 1 South 89 °04'34" East a distance of 691.50 feet to a point in the westerly right -of -way line of Bonnie Brae Street (variable width right -of -way) as described in the instrument recorded in Document Number 2008 - 96935, Deed Records of Denton County, Texas; THENCE with the westerly right -of -way line of Bonnie Brae Street the following: South 00 °53'07" East a distance of 481.67 feet to a point for corner; South 01 °03'42" West a distance of 956.92 feet to a point for corner; South 00 °59'47" West a distance of 1,172.74 feet to the point of curvature of a curve to the right having a radius of 279.87 feet; June 9, 2010 Southwesterly along said curve through a central angle of 44 °54'34" an arc distance of 219.37 feet with a chord bearing of South 23 °27'03" West and a chord distance of 213.79 feet to the point of reverse curvature of a curve to the left having a radius of 437.01 feet; Southwesterly along said curve through a central angle of 56 °13'57" an arc distance of 428.90 feet with a chord bearing of South 17 °42'22" West and a chord distance of 411.89 feet to the end of said curve; South 39 °46'07" West a distance of 25.03 feet to the point of intersection of the westerly right -of -way line of Bonnie Brae Street and the northerly right -of -way line of Scripture Street (variable width wide right -of -way); THENCE with the northerly right -of -way line of Scripture Street North 88 °58'00" West a distance of 1,208.27 feet to the southeasterly corner of the tract of land described in the deed to Texas Oncology Properties, LLC recorded in Document Number 2006 - 142313, Deed Records of Denton County, Texas; THENCE departing the northerly right -of -way line of Scripture Street with the westerly line of said Texas Oncology Properties, LLC tract North 01 °02'00" East a distance of 500.06 feet to the northeasterly corner of said Texas Oncology Properties, LLC tract; THENCE departing the westerly line of said Texas Oncology Properties, LLC tract with the northerly line of said Texas Oncology Properties, LLC tract and the northerly line of Lot 1, Block 1, Rehab Hospital, an addition to the City of Denton according to the plat recorded in Cabinet X, Page 929, Plat Records of Denton County, Texas North 88 °58'00" West a distance of 761.56 feet to the northwesterly corner of said Lot 1, Block 1, Rehab Hospital; THENCE departing the northerly line of said Lot 1, Block 1, Rehab Hospital with the westerly line of said said Lot 1, Block 1, Rehab Hospital South 01 °02'00" West a distance of 500.06 feet to a point in the northerly right -of -way line of Scripture Street; THENCE with the northerly right -of -way line of Scripture Street North 88 °58'00" West a distance of 318.44 feet to the intersection of the northerly right -of -way line of Scripture Street and the easterly right -of -way line of Interstate Highway 35 (a variable width right -of -way); THENCE with the easterly right -of -way line of Interstate Highway 35 the following: North 54 °07'46" West a distance of 64.39 feet to a point for corner; North 16 °24'00" West a distance of 3,494.36 feet to a point for corner; North 14 °50'06" East a distance of 171.01 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Dunaway Assoc, LP" set for corner; North 46'04'12" East a distance of 303.95 feet to a 5/8 inch iron rod found; June 9, 2010 North 60 °32'22" East a distance of 68.86 feet to the POINT OF BEGINNING; CONTAINING a computed area of 251.581 acres (10,958,863 square feet) of land. NOTE: The bearings recited herein are based upon the Conveyance Plat of Rayzor Ranch South, an addition to the City of Denton according to the plat recorded in Cabinet Y, Slide 470, Plat Records of Denton County, Texas. June 9, 2010 A NR ;\ T_ ..—I_. —1211 , Z"" Concept Schematic ; r` Adjacent Ownership Information - North " IN I RCC D � V — M —G I C I('RRI RR -2 —tee \ Ll CM —G•. SOUTH RF 4 / ���� I FIR -2 /����/ SOUTH —� n. ..� . —... � :.... -L RR -2 IC —E ...---- \ ZONING DESIGNATIONS��% \ %� NR -2 Neighborhood Residential 1 NR -3 Neighborhood Residential 3 OPEN SPACE / r J NR -2 Neighborhood Residential \ / /i /� T ' �.—` cy NRMU Neighborhood Residential Mixed Use / / y � / / / NRMU -12 Neighborhood Residential Mixed Use 12 \ /i� HOTE /x� NRMU Neighborhood Residential Mixed Use TT+ j - F- I 1 1F T T F / /��i CM -G Community Mixed Use General IMF !— L DC -G Downtown Commercial General RCC -D Regional Center Commercial Downtown b � � L 1 J L Employment Industrial Center Em a v to \ �a / 0 %� —�-� T T IC RR -2 T -1 ! j L 1 NR -3 ("- �. , W I �D.. OPEN SPACE / j'° SF/RMRF/ U \ 2 STORM WATER v PENS 6PENSPAC E/ HOTEU 1 S;fORM WATER , SITE LO ATION MAP �; ORS fNF 10° „� ��.... mot\- / /' RAYZOR RANCH MARKET PLACE PROPOSED OVERLAY Ad -scent Ownership nformation -South — � DISTRICT I a/ -40.0 ACRES a1, �x, paaxNxA,.x � - - - -- - mae- .w ^ � 1 J •. PROPOSED OVERLAY SOUTH ,._. .._____. DISTRICT 2 (a1 -99.4 ACRES) RAYZOR RANCH SOUTH CAMPUS PROPOSED OVERLAY TOWN CENTER 3 DISTRICT (C 51 ACRES) V YS OPOSED OVERLAY = SOUTH 'RR-2- P OF LT (a/ ER ACRES) o as.T. rssxx eaMeu+ o -�” a .. ,u assxr+". xi.o�xroxuc \ � jt�S / • „�i x PROPOSED OVERLAY =SOUTH MIXED USE wnx�m pPa. of Bannxerce DG G DISTRICT (a 150 ACRES) owxux.ue ew owxux.ueaun - v o +mxue a p.,+x rsrw -uv osw+roM1 \ NOTE: ADJUSTMENT IN DIVISION LINES so.ms+.mmo.. LmpGmup,W m +o. rx nzm -+rse wurxsreMwxsrxooe "O,:v+m t ` i L -_- _ __S , OF USES SHOWN MAY RE MADE TO ALIGN CONCEPT PLAN OWNER /DEVELOPER RAYZOR RANCH EGINGPN0EN1UE . OCONNOR 0011 RS, STE 700 IPNNG,1% ]5039 North of 380 South of 380 ENGINEER /SURVEYOR 149.58 ACRES OF LAND FRANCIS 237.05 ACRES OF LAND IN THE DUNAWAYASSacwTES UP .ov • ..e ,• 550V 76110100 ��•� ��� BATSON SURVEY ABSTRACT N0. B.B.B. & C.R.R. SURVEY Ri WGRTH TX A -43 LOCATED IN THE CITY OF ABSTRACT NO. A -192 LOCATED nRCxITECT DENTON, DENTON COUNTY, IN THE CITY OF DENTON, DENTON x3fi zEOSEap3DLIATES,RLL.L. TEXAS Date: 1-8-2016 COUNTY, TEXAS DALLAS EX 71N4 �Ii��laml�I�I® �Ii��laEml�IiIDI� I�Fm��DV� NO��Iaamlazo�I� ��Ie�Iaaal�I� I3+ID�II�IaID�I� II���c�IaID�I� A NR ;\ T_ ..—I_. —1211 , Z"" Concept Schematic ; r` Adjacent Ownership Information - North " IN I RCC D � V — M —G I C I('RRI RR -2 —tee \ Ll CM —G•. SOUTH RF 4 / ���� I FIR -2 /����/ SOUTH —� n. ..� . —... � :.... -L RR -2 IC —E ...---- \ ZONING DESIGNATIONS��% \ %� NR -2 Neighborhood Residential 1 NR -3 Neighborhood Residential 3 OPEN SPACE / r J NR -2 Neighborhood Residential \ / /i /� T ' �.—` cy NRMU Neighborhood Residential Mixed Use / / y � / / / NRMU -12 Neighborhood Residential Mixed Use 12 \ /i� HOTE /x� NRMU Neighborhood Residential Mixed Use TT+ j - F- I 1 1F T T F / /��i CM -G Community Mixed Use General IMF !— L DC -G Downtown Commercial General RCC -D Regional Center Commercial Downtown b � � L 1 J L Employment Industrial Center Em a v to \ �a / 0 %� —�-� T T IC RR -2 T -1 ! j L 1 NR -3 ("- �. , W I �D.. OPEN SPACE / j'° SF/RMRF/ U \ 2 STORM WATER v PENS 6PENSPAC E/ HOTEU 1 S;fORM WATER , SITE LO ATION MAP �; ORS fNF 10° „� ��.... mot\- / /' RAYZOR RANCH MARKET PLACE PROPOSED OVERLAY Ad -scent Ownership nformation -South — � DISTRICT I a/ -40.0 ACRES a1, �x, paaxNxA,.x � - - - -- - mae- .w ^ � 1 J •. PROPOSED OVERLAY SOUTH ,._. .._____. DISTRICT 2 (a1 -99.4 ACRES) RAYZOR RANCH SOUTH CAMPUS PROPOSED OVERLAY TOWN CENTER 3 DISTRICT (C 51 ACRES) V YS OPOSED OVERLAY = SOUTH 'RR-2- P OF LT (a/ ER ACRES) o as.T. rssxx eaMeu+ o -�” a .. ,u assxr+". xi.o�xroxuc \ � jt�S / • „�i x PROPOSED OVERLAY =SOUTH MIXED USE wnx�m pPa. of Bannxerce DG G DISTRICT (a 150 ACRES) owxux.ue ew owxux.ueaun - v o +mxue a p.,+x rsrw -uv osw+roM1 \ NOTE: ADJUSTMENT IN DIVISION LINES so.ms+.mmo.. LmpGmup,W m +o. rx nzm -+rse wurxsreMwxsrxooe "O,:v+m t ` i L -_- _ __S , OF USES SHOWN MAY RE MADE TO ALIGN CONCEPT PLAN OWNER /DEVELOPER RAYZOR RANCH EGINGPN0EN1UE . OCONNOR 0011 RS, STE 700 IPNNG,1% ]5039 North of 380 South of 380 ENGINEER /SURVEYOR 149.58 ACRES OF LAND FRANCIS 237.05 ACRES OF LAND IN THE DUNAWAYASSacwTES UP .ov • ..e ,• 550V 76110100 ��•� ��� BATSON SURVEY ABSTRACT N0. B.B.B. & C.R.R. SURVEY Ri WGRTH TX A -43 LOCATED IN THE CITY OF ABSTRACT NO. A -192 LOCATED nRCxITECT DENTON, DENTON COUNTY, IN THE CITY OF DENTON, DENTON x3fi zEOSEap3DLIATES,RLL.L. TEXAS Date: 1-8-2016 COUNTY, TEXAS DALLAS EX 71N4 F - - - T T TOWN CENTER - F—M—i-larchitecture planning 12-23-15 Ranch 11*17 Zoning Overlay RAYZOR RANCH MARKET PLACE PROPOSED OVERLAY DISTRICT 1 (,/-48,8 ACRES) ............. PROPOS D OVERLAY DISTRICT 2 (./-99.4 ACRES) RAYZOR RANCH SOUTH CAMPUS ............. PROPOSED OVERLAY =TOWN CENTER DISTRICT ('1_5 ACRESI PROPOSED OVERLAY = SOUTH 'RR-2' DISTRICT (+/-46 ACRES) PROPOSED OVERLAY = SOUTH MIXED USE DISTRICT (+/-150 ACRES) NOTE ADJUSTMENT IN DIVISION LINES OF USES SHOWN MAY BE MADE TO ALIGN WITH ROADWAYS, PHASING OR PLATTING ZONING LEGEND RCC-D NRMU --------------- CM-G NRMU- 12 ............. DC-G ............ I NR-3 NR-2 NR-2 RAYZOR RANCH CONCEPT / SCHEMATIC PLAN 1-8-16 ZONING OVERLAY TOWN CENTER 12 -23 -15 �-r F----1 architecture planning ,,�w�Ranch