HomeMy WebLinkAbout2016-05-10 Agenda with BackupTuesday, May 10, 2016
City of Denton
Meeting Agenda
City Council
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
4:00 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 Work Session on Tuesday, May 10, 2016 at 4:00 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. Work Session Reports
A. ID 16-598 Receive a report, hold a discussion and give staff direction about the Historic
Preservation Officer's proposed method and timeline for amending the Denton
Development Code relating to Historic Preservation.
Attachments: Exhibit 1- Timeline
Exhibit 2- PowerPoint
Special Called Meeting of the City of Denton City Council at 5:00 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. ITEMS FOR INDIVIDUAL CONSIDERATION
A. A15 -0016e Conduct the first of two readings of an ordinance to annex an approximately 23.24
acre property generally located on the west side of Geesling Road, approximately
700 feet south of East University Drive (US 380), within the Moreau Forrest
Survey, Abstract No. 417, in Denton County, Texas.
Attachments: Exhibit 1- Location Map
Exhibit 2- Zoning Map
Exhibit 3- Draft Ordinance
3. PUBLIC HEARINGS
A. Z16-0002 & Hold a public hearing and consider adoption of an ordinance of the City of Denton,
S15 -0014a Texas, regarding a rezoning from Neighborhood Residential 3 District (NR -3) to
Neighborhood Residential 6 District (NR -6) and a Specific Use Permit (SUP) for
Elderly Housing. The approximately 5 -acre site is generally located on west side of
North Carroll Boulevard and approximately 138 feet south of Strata Drive; and
providing for a penalty in the maximum amount of $2,000.00 for violations thereof,
providing a severability clause and an effective date. The Planning and Zoning
City ofDenton Page 1 Printed on 5/6/2016
City Council Meeting Agenda May 10, 2016
Commission recommends approval with conditions 6-0. (Z16-0002 and S15-0014).
Attachments: Exhibit 1- Staff Analysis
Exhibit 2- Aerial Map
Exhibit 3- Zoning Map
Exhibit 4- Future Land Use Map
Exhibit 5- Permitted Uses in Neighborhood Residential 3
Exhibit 6- Permitted Uses in Neighborhood Residential 6
Exhibit 7- Site Plan
Exhibit 8- Landscape Plan
Exhibit 9- Public Notification and Responses
Exhibit 10- Planning and Zoning Commission Meeting Minutes
Exhibit 11- Draft Ordinance
B. ID 16-591 Hold a public hearing and consider adoption of an ordinance of the City Council of
the City of Denton, Texas ordaining the City's participation in the Texas Enterprise
Zone Program pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas
Government Code ("Act"), providing tax incentives, designating a liaison for
communication with the interested parties, and nominating WinCo Foods, LLC to
the Office of the Governor, Economic Development and Tourism (OOGEDT)
through the Economic Development Bank (the `Bank") as an Enterprise Project
("Project").
Attachments: Exhibit 1- 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.
NOTE: 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, including
without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act.
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
City ofDenton Page 2 Printed on 5/6/2016
City Council Meeting Agenda May 10, 2016
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 3 Printed on 5/6/2016
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-598, Version: 1
Legislation Text
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: May 10, 2016
SUBJECT
Receive a report, hold a discussion and give staff direction about the Historic Preservation Officer's proposed
method and timeline for amending the Denton Development Code relating to Historic Preservation.
BACKGROUND
The City's historic preservation ordinance was originally created in 1980. The neighborhoods comprised of the
historic and conservation districts have expressed strong interest in updating these ordinances. The City's new
Historic Preservation Officer has been tasked with reviewing the existing ordinances and producing a timeline
for their update. The City of Denton is fortunate to have a substantial quantity of historic resources, including
the Courthouse Square with its National Register designation. Updating the Historic Preservation Code is a
high priority for the Historic Preservation Officer, so that historic resources, as well as the defining character of
the City, are given thoughtful consideration and protection during this time of rapid growth. The proposed
timeline includes multiple opportunities for public input and adequate time to review the ordinance and put
forth proposed amendments to address today's known concerns.
OPTIONS
1. Move forward as submitted with method and timeline.
2. Move forward with changes.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 11, 2016, the Historic Landmark Commission met, discussed this item, and expressed support.
On April 12, 2016, the City Council Historic Landmark Subcommittee met, discussed this item, and expressed
support.
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
City of Denton Page 1 of 2 Printed on 5/6/2016
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File #: ID 16-598, Version: 1
agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area:
Related Goal: 4.4
opportunities
EXHIBITS
1. Timeline
2. PowerPoint
Prepared by:
Roman McAllen
Historic Preservation Officer
Safe, Liveable & Family -Friendly Community
Provide and support outstanding leisure, cultural, and educational
Respectfully submitted:
Aimee Bissett
Director of Development Services
City of Denton Page 2 of 2 Printed on 5/6/2016
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City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: Al 5-0016e, Version: 1
Legislation Text
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: May 10, 2016
SUBJECT
Conduct the first of two readings of an ordinance to annex an approximately 23.24 acre property generally
located on the west side of Geesling Road, approximately 700 feet south of East University Drive (US 380),
within the Moreau Forrest Survey, Abstract No. 417, in Denton County, Texas.
BACKGROUND
Located within DH -12 of the 2010 Annexation Plan, the subject property was initially scheduled for annexation
in 2013. Because the property was being used for agricultural purposes, however, the subject property received
approval of a Non -Annexation Agreement (NAA) that delayed annexation until no sooner than August 1, 2020.
The terms of the NAA required that the property remain in agricultural use or be subject to immediate
annexation.
In May 2015, a prospective purchaser of the subject property held a Pre -Application Conference (PAC) with
the City's Development Review Committee to discuss development of the site with industrial uses. As part of
the PAC, the prospective purchaser was informed that the proposed development would violate the terms of the
NAA and trigger immediate annexation. In December 2015, the prospective purchaser closed on the property to
become the new owner and subsequently submitted Preliminary Plat and Annexation applications to facilitate
the industrial development.
The tentative schedule for this annexation is as follows:
March 22, 2016 - City Council to consider an ordinance establishing public hearing dates and authorizing the
publication of notice of the public hearings. COMPLETE.
April 5, 2016 - lgt Public Hearing COMPLETE.
April 12, 2016 - 2nd Public Hearing COMPLETE.
May 10, 2016 - lgt Reading of the Annexation Ordinance
June 21, 2016 - 2nd Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
City of Denton Page 1 of 2 Printed on 5/6/2016
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File #: Al 5-0016e, Version: 1
On April 6, 2010, City Council adopted a 3 -Year Annexation Plan for DH -12.
On August 16, 2011, City Council approved a service plan for DH -12.
On December 18, 2012, the City Council approved an NAA for the subject property through August 1, 2020
with terms that the property remain in agricultural use or be subject to immediate annexation.
On March 22, 2016, the City Council approved an ordinance establishing public hearing dates of April 5' and
April 12', 2016, for annexation of the subject property.
On April 5, 2016, the City Council held the first of two required public hearings for annexation of the subject
property.
On April 12, 2016, the City Council held the second of two required public hearings for annexation of the
subject property.
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:
Related Goal:
EXHIBITS
1. Location Map
2. Zoning Map
3. Draft Ordinance
Prepared by:
Mike Bell
Senior Planner
Economic Development
3.4 Encourage development, redevelopment, recruitment, and retention
Respectfully submitted:
Aimee Bissett
Director of Development Services
City of Denton Page 2 of 2 Printed on 5/6/2016
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he 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
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he City of Denton has prepared maps for departmental use. These are not official maps of the City ofDenton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the Cit
of Denton and have been made available to the public based on the Public Intonation Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied,
for
the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. �n I
S:\Legal\Our Documents\Ordinances\16\A15-0016 Ordinance MB revised.doex
AN ORDINANCE OF THE CITY OF DENTON ANNEXING APPROXIMATELY 23.24
ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF GEESLING ROAD,
APPROXIMATELY 600 FEET SOUTH OF EAST UNIVERSITY DRIVE (US 380), MORE
SPECIFICALLY DESCRIBED IN EXHIBIT "A" AND ILLUSTRATED IN EXHIBIT "B";
PROVIDING FOR A CORRECTION TO THE CITY MAP TO INCLUDE THE ANNEXED
LANDS; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 43.052, Subchapter C, Texas Local Government Code, a
home rule city is authorized to annex certain area in the 3 -year annexation plan; and
WHEREAS, the City of Denton approved a 3 -year annexation plan in 2010 under
Ordinance 2010-093; and
WHEREAS, certain areas of land in the City were designated agricultural, wildlife
management, or timberland use and therefore were excluded from the City's 3 -year annexation
plan, which one of said properties is listed in and more specified described in Exhibit A and
illustrated in Exhibit B attached hereto and incorporated by reference herein ("Property"); and
WHEREAS, the owner of the Property entered in an agreement with the City pursuant to
Section 212.172 of the Texas Local Government Code in order to retain the land in the City's
extraterritorial jurisdiction in exchange for the property owner's covenants not to develop the
property and to consent to annexation of the Property upon breach or termination of said agreement
("Non -Annexation Agreement"); and
WHEREAS, the owner of the Property submitted a Preliminary Plat application on October
27, 2015, for the purposes of developing the property, which said application is a breach of the
Non -Annexation Agreement; and
WHEREAS, upon the property owner's breach of the Non -Annexation Agreement the City
has sent notice of its intent to annex the Property under Section 43.062, Subchapter C-1, Texas
Local Government Code; and
WHEREAS, two public hearings were held with the City Council on April 5, 2016, and
April 12, 2016, which were noticed in accordance with Section 43.063, Subchapter C-1, of the
Texas Local Government Code; and
WHEREAS, annexation proceedings were instituted for the property described herein and
the first reading of the ordinance was conducted at the City Council meeting on May 10, 2016;
and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and thirty days prior to City
Council taking final action, as required by the City Charter; and
WHEREAS, a second reading of the ordinance and final action on the annexation was
taken at the City Council meeting on June 21, 2016, NOW, THEREFORE,,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The land described and depicted in Exhibit A and Exhibit B, attached hereto
and incorporated herein by reference, is annexed to the City of Denton, Texas and the official maps
of the City of Denton shall be updated to reflect this annexation.
SECTION 2. The service plan adopted and approved by Ordinance 2011-137, attached as
Exhibit C incorporated herein, which provides for the extension of municipal services to the
annexed properties within DH -12 of the 2010 Annexation Plan, is made a part hereof for all intents
and purposes.
SECTION 3. Should any paragraph, section, sentence, phrase, clause, or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance
shall not be affected thereby.
SECTION 4. This ordinance shall be effective immediately upon its passage.
PASSED AND APPROVED this the day of , 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
E
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
Exhibit A
ALL THAT CERTAIN Tractor Parcel of land situated in the MOREAU FORREST SURVEY, Abstract Number
417, Denton County, Texas; and being a part of a tract of land described in a deed to the Geesling
Property Trust, Geesling Gassaway County, Inc., as recorded in Instrument Number 2005-50246, of the
Real Property Records of Denton County, Texas; the subject tract being more particularly described as
follows:
BEGINNING at a Mag Nail found for the Southeast corner of said Geesling Tract in an asphalt road under
apparent public use, posted as Geesling Road, said point being the recognized and occupied Northeast
corner of a tract of land described in a deed to DPD, L.L.P., as recorded in Instrument Number 2003-
194876 of said Real Property Records of Denton County, Texas;
THENCE North 87 degrees 59 minutes 28 seconds West with the North line of said DPD Tract and a
South line of said Geesling Tract, along or near a fence a distance of 1164.94 feet to wood fence post
found for the Southernmost Southwest corner of said Geesling Tract, and the Northwest corner of said
DPD Tract, in the East line of Lot 2, Block A of the Batey Addition, an addition to the City of Denton,
according to the Plat there of recorded in Cabinet L, Page 373 of the Plat Records of Denton County,
Texas;
THENCE North 02 degrees 12 minutes 06 seconds East with a West line of said Geesling Tract and the
East line of said Lot 2, along or near a fence a distance of 78.49 feet to a wood fence post found for the
Northeast corner of said Lot 2;
THENCE North 87 degrees 16 minutes 41 seconds West with a South line of said Geesling Tract and the
North line of said Lot 2, along or near a fence a distance of 248.79 feet to a wood fence post found for
the Westernmost Southwest corner of said Geesling Tract, in the East line of a tract of land described in
a deed to Key -Roberts Partners, LTD., as recorded in Instrument Number 1999-130463 of said Real
Property Records of Denton County, Texas;
THENCE North 01 degree 40 minutes 51 seconds East with the East line of said Key -Roberts Tract and a
West line of said Geesling Tract a distance of 500.04 feet, to the existing City Limits of the City of
Denton;
THENCE North 80 degrees 12 minutes 23 seconds East, with said City Limits line a distance of 1446.62
feet to the East line of said Geesling Tract, in said Geesling Road;
THENCE South 01 degree 59 minutes 27 seconds West with the East line of said Geesling Tract, and with
said Geesling Road, a distance of 877.51 feet to the PLACE OF BEGINNING, and enclosing 23.24 acres,
more or less.
Exhibit C
CI'T'Y OF DE10TTON SERVICE PLAN
DH -12
October 11, 2011
I. AREA ANNEXED
The area to be annexed encompasses approximately 1,154 acres of land and is bounded by
current city limits on all sides; north, south, east and west. It is located south of E. University
Drive, east of N. Mayhill Road, north and south of Blagg Road, north and south of Mills Road,
and cast and west of S. Trinity Road. The area is an unincorporated pocket located within City
of Denton's Extraterritorial Jurisdiction (ETJ), Division 1, and is identified as DH -12. The
proposed annexation contains multiple owners. A general description of the area is attached.
II. INTRODUCTION
This service plan has been prepared in accordance with the Texas Local Government Code,
Sections 43.021; 43.065; and 43.056(b) -(o) (Vernon 2008, as amended). Municipal facilities and
services to the annexed areas described above will be provided or made available on behalf of
the City of Denton in accordance with the following plan. The City of Denton shall provide the
annexed tract the levels of service, infrastructure, and infrastructure maintenance that are
comparable to the levels of service, infrastructure, and infrastructure maintenance available in
other parts of the City of Denton with similar topography, land use, and population density,
III. AD VALOREM PROPERTY OWNER TAX SERVICES
A. Police Protection
Police protection from the City of .Denton Police Department shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar• areas on the effective date of the ordinance. Some
of these services include:
1. Normal patrols and responses;
2. Handling of complaints and incident reports;
Special units, such as traffic enforcement, investigations and special
weapons; and
4. Coordination with other public safety support agencies.
As development commences in these areas, sufficient police protection, including
personnel and equipment will be provided to furnish these areas with the level of
police services consistent with the characteristics of topography, land utilization
and population density of the areas.
Upon ultimate development, police protection will be provided at a level
consistent with other similarly situated areas within the city limits.
B. Fire Protection
The Denton Fire Department (DFD) will provide emergency and fire prevention
services to the annexation areas. These services include;
I. Tire suppression and rescue;
2. Pre -hospital medical services including triage, treatment and transpox-t
by Advanced Life Support (ALS) fire engines, trucks and ambulances;
3. Hazardous materials response and mitigation;
4. Emergency prevention and public education efforts;
5. Technical rescue response; and
6. Construction Plan Review and required inspections.
Tire protection from the City of Denton shall be provided to the areas annexed at
a level consistent with current methods and procedures presently provided to
similar areas of the City of Denton on the effective date of the ordinance.
As development commences in these areas, sufficient fire protection, including
personnel and equipment will be provided to furnish these areas with the level of
services consistent with the characteristics of topography, land utilization and
population density of the areas. it is anticipated that fire stations planned to serve
areas currently within the City of Denton will be sufficient to serve areas now
being considered for annexation.
Upon ultimate development, fire protection will be provided at a level consistent
with other similarly situated areas within the city limits.
C. Enier1ency Medical Service
The Denton Fire Department (DTD)
safety services to the annexation areas.
will provide the following emergency and
These services include;
1. Emergency medical dispatch and pre -arrival First Aid instructions;
2. Pre -hospital emergency Advanced Life Support (ALS) response; and
transport;
3. Medical rescue services.
Emergency Medical Services (EMS) from the City of Denton shall be provided to
the areas annexed at a level consistent with current methods and procedures
presently provided to similar areas of the City of Denton on the effective date of
the ordinance.
As development commences in these areas, sufficient EMS, including personnel
and equipment will be provided to furnish these areas with the level of services
consistent with the characteristics of topography, land utilization and population
density of the areas.
Upon ultimate development, EMS will be provided at a level consistent with other
similarly situated areas within the city limits.
D. Roads and Streets
Emergency street maintenance shall be provided within the annexation areas on
the effective date of the applicable ordinance of acceptance. Routine maintenance
will be provided within the antnexation areas and will be scheduled as part of the
City's annual program and in accordance with the current policies and procedures
defined by the ordinance and/or as established by the City Council.
Any construction or reconstruction will be considered within tile annexation areas
on a City wide basis and within the context of the City's CIP and/or yearly fiscal
budgetary allotments by the City Council.
Roadway signage and associated posts will be replaced in priority of importance
starting with regulatory signs, then warning signs, then informational signs and in
conformance with fiscal allotments by the City Council, If a sign remains, it will
be reviewed and placed on the City's inventory listing for routine replacement.
All exiting signs will be reviewed for applicability and based upon an engineering
study, New signs will be installed when necessary and based upon an engineering
study.
Routine maintenance of road/street markings will be placed on a priority listing
and scheduled within the yearly budgetary allotments by the City Council,
E. Parlis, Playgrounds, Swimming
, Pools
Residents within the areas annexed may utilize all existing park and recreation
facilities, on the effective date of this ordinance. Fees for such usage shall be in
accordance with current fees established by ordinance.
As development commences in these areas, additional park and recreation
facilities shall be constructed based on park policies defined in the Park Master
Plan and as specified in the Park Dedication and Development Ordinance. Tile
general planned locations and classifications of parks will ultimately serve
residents from the current City limits and residents from areas being considered
for annexation.
F.
Any publicly owned facility, building, or service located within the annexed area,
and not otherwise owned or maintained by another governmental entity, shall be
maintained by the City of Denton on the effective date of the annexation
ordinance.
G. Other Set -vices
Except as provided in Section V.A and V.D.
Other services that may be provided by the City of Denton, such as municipal and
general administration will be made available on the effective date of the
annexation. The City of Denton shall provide level of services, infrastructure, and
infrastructure maintenance that is comparable to the level of services,
infrastructure, and infrastructure maintenance available in other parts of the City
of Denton with topography, land use, and population density similar to those
reasonably contemplated or projected in the area.
IV. ENTERPRISE ACTIVITY 1TILITY CUSTOMER SERVICES
A. Solid Waste
Solid Waste and Recycling Collection Services will be provided to the newly
annexed property immediately upon the effective date of the annexation at a level
consistent with current methods and procedures presently provided to similar
areas within the city. Private solid waste collection service providers operating in
the affected area inunediately prior to annexation and currently providing
customers with service may continue to provide their existing service for tip to 2
years in accordance with Texas Local Government Code.
B. Wastewater Facilities
The proposed annexation tineas are within the City of Denton Sewer Service Area
as defined by Certificate of Convenience and Necessity (CCN) Number 20072 as
issued by the Texas Commission on Environmental Quality (TCEQ).
As development continences in these areas, sanitary sewer mains will be extended
in accordance with the provisions of the City's codes, ordinances and regulators.
City participation in the costs of these extensions shall be in accordance with
applicable City ordinances and regulations. Capacity shall be provided consistent
with the characteristics of topography, land utilization, and population density of
the areas.
Sanitary sewer mains and lift stations installed or improved to City standards
within the aruhexed areas which are located within dedicated casement, rights-of-
way, or any other acceptable location approved by the City Engineer, shall be
maintained by the City on the effective date of this ordinance.
Operation and maintenance of wastewater facilities in the annexed areas that are
within the service area of another water utility will be the responsibility of that
utility. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
C. Water Facilities
Except as provided in Section V.B and V.C.
4
The proposed annexation areas are within the City of Denton Water Service Area
as defined by Certificate of Convenience and Necessity (CCN) Number 10195 as
issued by the Texas Commission on Environmental Quality ('fCEQ).
Connections to existing City of Denton water distribution mains for water service
will be provided in accordance with existing City ordinances and policies, Upon
connection to existing distribution mauls, water service will be provided at rates
established by city ordinance.
As new development occurs within these areas, water distribution mains will be
extended in accordance with Denton's Codes, ordinances and utility service
policies, City participation in the costs of these extensions shall be in accordance
with Denton's codes and ordinances. Water service capacity shall be provided
consistent with the characteristics of topography, land use and population density
of the area.
Operation and maintenance of water facilities in the annexed area that are within
the service area of another water utility will be the responsibility of that utility.
Existing developments, businesses or homes that are on individual water wells or
private water systems will be allowed to continue to remain on these systems until
a request for water service is made to the City. These requests for service will be
handled in accordance with the applicable utility service line extension and
co riection policies currently in place at the time the request for service is
received,
V. ADDITIONAL SERVICES
A. Non -Annexation Agreements — The City has agreed to offer Non -
Annexation Agreements to eligible property owners in DII-12 for a term to
last seven years. Eligible property owners are those individuals who currently
receive an agricultural, wildlife management, or timber land property tax
exemption on their property. from the effective date of the annexation,
currently projected as May, 2013, the seven year Non -Annexation Agreement
will extend the time period for non -annexation to 2020, The City will .receive
non -annexation agreements from eligible property owners up to May 31,
2012,
B, Water service along Mills Road Pro )ernes from Mahill toTrirri
including Cunningham —The City offers to design and construct public water
access lines including all taps from the water line up to the private property
line based on specific provisions, The total project will include survey,
design, construction, staking, installing of taps and testing and inspection
during construction. The city will extend water service to interested residents
based on the following provisions:
1. Each homeowner that wishes to connect to the city's public water supply
system is willing to pay for a pro rata charge based upon a proportional
share of the waterline extension cost and the number of water customers
that wish to participate in the project and obtain water service to their
property. The proportional share of the cost of the waterline will be based
upon fifty (50%) of the total project cost divided by the number of Single
Family Equivalents (SMEs) that originally participate in a given project.
These pro rata costs will be based upon the number of SFEs that are
determined by the City for all property owners including single family
homes and any non residential property owners that wish to participate in
the project. The project costs will be determined by cost estimates
provided by the City and will be based upon current costs at the time of
construction. The size of any waterline project will be based upon the
feasibility to connect to existing city waterlines, a project that can be
constructed as a standalone project and a project that is sufficiently
supported by interested property owners that desire water service and are
willing to pay for their pro rata share of the line extension costs as
described in this section (items 1- 9).
2. The City agrees to extend the water .line as indicated provided, before the
start of the project, there is sufficient participation by property owners to
cover at least 50% of the project cost through pro rata fees prior to
construction of the project.
3. Homeowners are responsible for paying meter set fees and water impact
fees required for all new connections to the City's water system prior to
construction of the project.
4. Homeowners connecting to the City's public water system shall physically
and permanently remove from the private water well service to any
structure, residential or otherwise, that is served by City water service. The
homeowner will allow the City to conduct a customer service inspection
for each home connect to the City's water system as required by State law.
5. Homeowners connecting to the City's public water system shall be
responsible for their private service line and re -plumbing of their
house/property to connect to the city water meter to be located within the
street right of way.
6
6. Any easements needed from private property to construct the public water
system must be donated by the property owner to the City at no cost to the
City.
7. City will establish a Pro -Rata Agreement to recoup the cost of the water
line in the future from the lots that initially do not tie to the City water
line.
A property that does not initially connect to the City's public water
supply system but later requests a connection, will be assessed a
pro rata charge based upon the same methodology describe in this
section plus associated tap fees. Water Impact fees will also be
required based upon the City's current Water Impact fees at the
time of connection.
b. The city reserves the right to asses a full cost recovery pro rata to
future customers to recover the city's cost share in the waterline if
the property develops though the subdivision of the property into
additional lots or the property changes land use in a manner that
results in a significant increase in water demand from a single
family residence. This full cost recovery pro rata would be
determined and would apply when the property develops and
requests water service from the City in accordance to the City's
codes, ordinances, and regulations.
g. The City agrees to pursue alternate funding options to the benefit of the
property owners that may be available through the Community
Development Block Grant (CDBG) program prior to commencement of
the project.
a. The City also agrees to pursue alternate funding options for the
benefit of the property owners that may be available through
programs other than the CDBG program.
b. If a grant is obtained, it will be applied to the frill project cost. Any
remaining fiends necessary (if any) to complete the project will be
based on the proportional share of cost approach as described in
this section.
9. City will extend this offer for extension of the water lines for a period of
five -yews from the date of'execution of annexation.
C. Water service along Blagg and Geesling Roads --The City offers to design
and construct public water access lines including all taps from the water line
up to the private property line based on specific provisions. The total project
will include survey, design, construction, staking, installing of taps and testing
and inspection during construction. The city will extend water service to
interested residents based on the following provisions;
Each homeowner that wishes to connect to the city's public water supply
system is willing to pay for a pro rata charge based upon a proportional
share of the waterline extension cost and the number of water customers
that wish to participate in the project and obtain water service to their
property. The proportional share of the cost of the waterline will be based
upon fifty (50%) of the total project cost divided by the number of Single
Family Equivalents (SFEs) that originally participate in a given project.
These pro rata costs will be based upon the number of SFEs that are
determined by the City for all property owners .including single family
homes and any non residential property owners that wish to participate in
the project. The project costs will be determined by cost estimates
provided by the City and will be based upon current costs at the time of
construction. The size of any waterline project will be based upon the
feasibility to connect to existing city waterlines, a project that can be
constructed as a standalone project and a project that is sufficiently
supported by interested property owners that desire water service and are
willing to pay for their pro rata share of the line extension costs as
described in this section (items 1- 9).
2. The City agrees to extend the water line as indicated provided, before the
start of the project, there is sufficient participation by property owners to
cover at least 50% of the project cost through pro rata fees prior to
construction of the project.
3. Homeowners are responsible for paying meter set fees and water impact
fees required for all new connections to the city's water system prior to
construction of the project.
4. Homeowners connecting to the City's public water system shall physically
and permanently remove from the private water well service to any
structure, residential or otherwise, that is served by City water service. The
M
homeowner will allow the City to conduct a customer service inspection
for each home connect to the City's water system as required by State law.
Homeowners connecting to the City's public water system shall be
responsible for their private service line and re -plumbing of their
house/property to connect to the city water meter to be located within the
street right of way.
6. Any easements needed from private property to construct the public water
system .must be donated by the property owner to the City at no cost to the
City.
7. City will establish a Pro -Rata Agreement to recoup the cost of the water
line in the future from the lots that initially do not tic to the City water
line.
A property that does not initially connect to the City's public water
supply system but later requests a connection, will be assessed a
pro rata charge based upon the same methodology describe in this
section plus associated tap fees. Water impact fees will also be
required based upon the City's current Water Impact fees at the
time of connection.
b. The city reserves the right to asses a full cost recovery pro rata to
future customers to recover the city's cost share in the waterline if
the property develops though the subdivision of the property into
additional lots or the property changes land use in a manner that
results in a significant increase in water demand from a single
family residence. This full cost recovery pro rata would be
determined and would apply when the property develops and
requests water service from the City in accordance to the City's
codes, ordinances, and regulations.
8. The City agrees to pursue alternate funding options to the benefit of the
property owners that may be available through the Community
Development Block Grant (CDBG) program prior to connnencement of
the project.
a. The City also agrees to pursue alternate finding options for the
benefit of the property owners that may be available through
programs other than the CDBG program.
9
b. If a grant is obtained, it will be applied to the full project cost. Any
remaining funds necessary (if any) to complete the project will be
based on the proportional share of cost approach as described in
this section.
City will extend this offer for extension of the water lines for a period of
five -years from the date of execution of annexation.
D. Zoning — The City cannot establish zoning as a component of the annexation.
However, if a DI -1- 12 property owner desires to request a zoning change
within one-year of the date of annexation, the City will waive zoning
application fees. With the assistance and cooperation of the property owner,
the City will provide an analysis and recommendation to forward to the
Plarming and Zoning Commission and City Council. Staff cannot guarantee
that a specific zoning request will be recommended or granted as a component
of the service plan.
E, Supplemental Information — "The City is in receipt of supplemental
information from the Denton County Representatives related to the current
condition of certain County Roads as of July 28, 2011. This information
reflects more recent maintenance data as it relates to I3lagg, Gessling, Mills,
Cunningham, Trinity, and Grissom. It: is the desire of the County
Representatives to ensure that the City has this information since it will be
more current than the adopted Inventory of Services which was approved on
November 24, 2010.
VI. UNIFORM LEVEL OF SERVICES IS NOT REQUIRED
Nothing in this plan shall require the City of Denton to provide a uniform level of full municipal
services to each area of the City, including the annexed area, if different characteristics of
topography, land use, and population density are considered a sufficient basis for providing
different levels of service.
VII. TERM
Taus service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be
at the discretion of City Council.
VIII. AMENDMENTS
The service plan may be amended if the City Council determines at a public hearing that changed
conditions or subsequent occurrences make this service plan unworkable or obsolete. The City
Council may amend the service plan to conform to the changed conditions or subsequent
occurrences pursuant to Texas Local Government Code, Section 43.056.
10
City Representatives
Agree Disagree A
�A,m laiLl�—
Date
ChuckARussef Date
-- — ----- --
P.S, Arora Date
County Representatives
Agree 1 Disagree
Wallace Batey Date
Jeff Dulin Date
Frank James Date
Ginger McCormick Date
Randal Smith Date
II
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
Legislation Text
File #: Z16-0002 & S15-0014a, Version: 1
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: May 10, 2016
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a rezoning
from Neighborhood Residential 3 District (NR -3) to Neighborhood Residential 6 District (NR -6) and a Specific
Use Permit (SUP) for Elderly Housing. The approximately 5 -acre site is generally located on west side of North
Carroll Boulevard and approximately 138 feet south of Strata Drive; and providing for a penalty in the
maximum amount of $2,000.00 for violations thereof, providing a severability clause and an effective date. The
Planning and Zoning Commission recommends approval with conditions 6-0. (Z16-0002 and 515-0014).
BACKGROUND
The applicant is requesting a rezoning and Specific Use Permit (SUP) in order to renovate and expand an
existing Elderly Housing development that was constructed in 1969. During the Citywide rezoning in 2002, the
subject property was zoned as NR -3 District, which prohibits Elderly Housing, but the use is permitted in the
NR -6 District with an SUP. Therefore, the applicant is seeking a zoning change to NR -6 District and an SUP to
allow for a modification and expansion.
In order to respond to improvements in elderly care delivery, the applicant is proposing the following changes:
• Remove two of the existing wings to create a new short-term post -acute care recovery wing resulting in
a net gain of approximately 5,300 square feet
• Install a landscaped courtyard adjacent to the post -acute care recovery wing
• Update the facade for a more residential appearance
• No additional parking spaces would be required for the additional square footage and none are
contemplated
The proposed rezoning meets the criteria of approval outlined in Section 35.3.4.13 of the Denton Development
Code (DDC) and is consistent with the Future Land Use designation of Moderate Density Residential.
Furthermore, the proposed SUP for Elderly Housing conforms to the criteria for approval in Section 35.6.4 of
the DDC and is compatible with the adjacent residential development. For further analysis, please refer to a full
report of the request in Exhibit 1.
To comply with the public hearing notice requirements, 37 notices were sent to property owners within 200 feet
of the subject property, 102 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. As of
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File #: Z16-0002 & S15 -0014a, Version: 1
this writing, staff has received two letters neutral to the request and two letters in favor of the request.
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 with the following conditions (6-
0):
1. The Elderly Housing use must substantially comply with the attached Site Plan and Landscape Plan,
which reflects the following:
• 60,730 square feet maximum building square feet
• The structure must maintain a 15 -foot Type C Buffer on the north property line adjacent to the
single-family dwellings
• No additional parking spaces are permitted
The Development Review Committee recommends approval of this request with the following conditions:
1. The Elderly Housing use must substantially comply with the attached Site Plan and Landscape Plan,
which reflects the following:
• 60,730 square feet maximum building square feet
• The structure must maintain a 15 -foot Type C Buffer on the north property line adjacent to the
single-family dwellings
• No additional parking spaces are permitted
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
On April 13, 2016, the Planning and Zoning Commission recommended approval of the rezoning request with
conditions (6-0).
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:
Related Goal:
EXHIBITS
Economic Development
3.4 Encourage development, redevelopment, recruitment, and retention
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File #: Z16-0002 & S15 -0014a, Version: 1
1. Staff Analysis
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Permitted Uses in Neighborhood Residential 3
6. Permitted Uses in Neighborhood Residential 6
7. Site Plan
8. Landscape Plan
9. Public Notification Map and Responses
10. Planning and Zoning Commission Meeting Minutes
11. Draft Ordinance
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Julie Wyatt
Senior Planner
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City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
Legislation Text
File #: Z16-0002 & S15-0014, Version: 1
Planning Report
Z16-0002 & S15-0014/Denton Rehabilitation
City Council District 2
Planning & Zoning Commission
April 13, 2016
REQUEST:
Hold a public hearing and consider making a recommendation to City Council regarding a rezoning from
Neighborhood Residential 3 District (NR -3) to Neighborhood Residential 6 District (NR -6) and a Specific Use
Permit (SUP) for Elderly Housing. The approximately 5 -acre site is generally located on the west side of North
Carroll Boulevard and approximately 138 feet south of Strata Drive. (Z16-0002 and S15-0014, Denton
Rehabilitation, Julie Wyatt)
OWNER/APPLICANT:
Chad Benson, Nauvoo Properties
BACKGROUND:
The applicant is requesting a rezoning and Specific Use Permit (SUP) in order to renovate and expand an
existing Elderly Housing development. Tax records and historical aerial photographs suggest that the Denton
Rehabilitation and Nursing Center was originally constructed in 1969. Previous development codes permitted
the use at this location with an SUP, and two SUP's were obtained for the use and site plan, with the first SUP
approved in 1986 (Ordinance 86-163) and the second approved in 1994 (Ordinance 94-077). During the City-
wide rezoning in 2002, the subject property was zoned as NR -3 District, which prohibits Elderly Housing, but
the use is permitted in the NR -6 District with an SUP. Therefore, the applicant is seeking a zoning change to
NR -6 District and an SUP to allow for a modification and expansion.
In order to respond to improvements in elderly care delivery, the applicant is proposing the following changes:
• Remove two of the existing wings to create a new short-term post -acute care recovery wing resulting in
a net gain of approximately 5,300 square feet
• Install a landscaped courtyard adjacent to the post -acute care recovery wing
• Update the facade for a more residential appearance
• No additional parking spaces would be required for the additional square footage and none are
contemplated
SITE DATA:
The subject property is approximately 5 acres and is generally located on the west side of North Carroll
Boulevard and approximately 138 feet south of Strata Drive. The parcel is "L" shaped with approximately 267
feet of frontage on North Carroll Boulevard, a Collector street. It is developed with an elderly housing facility
and 97 parking spaces.
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File #: Z16-0002 & S15-0014, Version: 1
USE OF PROPERTY UNDER CURRENT ZONING:
The Neighborhood Residential 3 District (NR -3) is intended for single-family uses with a maximum density of
3.5 dwelling units per acre. Attached single-family dwellings, Accessory Dwelling Units, Daycares and
Elementary Schools are permitted with a Specific Use Permit (SUP). Parks, open space, and religious
institutions are permitted by right. A schedule of permitted uses is attached for reference.
SURROUNDING ZONING AND LAND USES:
North: Properties to the north are zoned as NR -4 District and developed with single-family dwellings.
East: Property to the east is zoned as NR -3 District, NRMU-12 District, and NRMU District and developed
with single-family dwellings, elderly housing, and multi -family dwellings.
South: Property to the south is zoned as NR -3 District and NRMU District and developed with a commercial
use.
West: Property to the west is zoned as NRMU-12 District and is developed with a commercial use.
COMPATABILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES:
The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to
ensure that any new development is compatible with existing land uses, patterns, and design standards.
The proposed NR -6 District is intended for single-family uses with a maximum density of 6 dwelling units per
acre. In developments greater than two acres, there are no minimum lot sizes stipulated per the Denton
Development Code (DDC). The maximum lot coverage is 60% and the maximum building height is 40 feet.
Single-family Dwellings, Attached Single -Family Dwellings, and Duplexes are permitted by right. Accessory
Dwelling Units, Daycares, Elementary Schools, and Elderly Housing are permitted with a Specific Use Permit
(SUP). Parks, open space, and religious institutions are permitted by right. A schedule of permitted uses is
attached for reference.
The proposed NR -6 District is compatible with the existing land use pattern, scale, and character of the
surrounding area. As a residential district, NR -6 District would permit the existing Elderly Housing use to
continue on the site with an approved SUP. Typically, a use that requires an SUP is an appropriate use for the
zoning district, but may require some conditions to ensure compatibility, especially to mitigate possible
nuisances. The applicant's proposal is a continuation of a facility that has operated at this location prior to the
development of several of the adjacent neighborhoods, thus demonstrating the compatibility of the use with
residential development. Furthermore, both NR -6 District and the elderly housing facility provide a transition
between the existing established neighborhoods north of the subject property and the commercial development
to the south.
COMPREHENSIVE PLAN:
Per the Future Land Use Map in Denton Plan 2030, the subject property is designated as "Moderate
Residential." This designation is primarily intended to promote single-family housing on small lots, typical of
Denton's more compact, established single-family neighborhoods. The density of Moderate Residential should
range between four to twelve units per acre. Low-rise multifamily dwellings and townhomes may also be
located in these areas so long as they maintain a scale, style, and building orientation complementary of the
prevailing character of the area. This designation typically applies to areas within the central areas of Denton as
a transition between established single-family neighborhoods and mixed-use or commercial areas that can
accommodate greater density.
Development Criteria of the Moderate Density future land use designation include:
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a. Development may include single-family development on small lots, duplexes, townhomes, and low-
density multifamily dwellings.
b. Development should be within and adjacent to Denton's existing neighborhoods, consistent with the
Preferred Growth Concept.
c. Residential development with a variety of housing styles, types, and prices that is compatible with
adjacent development is encouraged.
d. Infill development should respond to existing development with compatible patterns and design
standards.
e. New residential development should be organized to promote walkability, including sidewalks, and
ideally should locate all residences within a five to ten minute walk from neighborhood -serving retail,
parks, and schools.
f. Urban agriculture is encouraged.
g. Places of worship, parks, and open space are allowed by right.
h. The character of this area should be maintained by ensuring new development is sensitive to the
surrounding built and natural context in scale and form.
CONSIDERATIONS:
1. The applicant is requesting a zoning change to NR -6 District with an SUP for an Elderly Housing in
order to accommodate a renovation and expansion of the existing Elderly Housing use.
2. Per Section 35.3.4.B of the DDC, the following criteria for approval shall be considered for a rezoning
request:
• The proposed rezoning conforms to the Future Land Use element of the Denton Plan 2030
The Future Land Use Designation of the subject property and adjacent area is Moderate Density
Residential, which encourages residential development on small lots with a density between four and
twelve dwelling units per acre. New development should complement the character of established single
-family neighborhoods and provide a transition between low density residential land uses and higher
intensity commercial areas. Although the proposal does not include a new use or additional dwelling
units on the subject property, analysis of rezoning requests should consider all of the parameters of a
proposed zoning district in the event that the subject property is redeveloped. The proposed NR -6
District's maximum density of six dwelling units per acre and permitted residential and institutional
uses would permit compatible development that meets the intent of the Moderate Density Residential
designation by protecting the area's residential character while allowing the development pattern to shift
toward a moderate density. Additionally, the property's location between West University Drive and
low density residential development is a transitional area functioning as a buffer between the residential
and commercial development, further meeting the objectives of the Moderate Density Residential
Future Land Use designation.
• The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools,
parks, and other public requirements and public convenience.
There is adequate capacity in the existing infrastructure to support the proposal.
3. Per Section 35.6.4 of the DDC, an SUP may be granted if the proposed use conforms, or can be made to
conform through the imposition of conditions, with the following criteria:
A. That the use would he in conformance with all standards within the NR -6 district.
Development of the site would be in conformance with all standards of the NR -6 district and DDC
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regulations.
B. Per Section 35.6.4. B; a SUP shall be issued if it meets the following conditions:
1. That the specific use will he compatible with and not injurious to the use and enjoyment of other
property nor significantly diminish or impair property values within the immediate vicinity;
The proposed use will not be injurious to the use and enjoyment of other property within the vicinity
of the site. Elderly Housing that respects the scale and design standards of residential areas is
appropriate and should be encouraged, as this type of development allows for those who can no
longer remain at home to stay close to neighborhood friends, caregivers, and familiar places. As an
existing use, (that predates some of the adjacent residential uses), the proposed expansion of the
elderly housing facility on this site will not substantially impact the existing uses or alter the
residential character of the surrounding area. Additionally, the expansion will not extend beyond the
current property boundaries.
2. That the establishment of the specific use will not impede the normal and orderly development
and improvement of surrounding vacant property;
Much of the surrounding property was developed after the existing elderly housing facility had been
constructed on the site. Therefore any expansion to that facility should not impede any development
or redevelopment of the area.
3. That adequate utilities, access roads, drainage and other necessary supporting facilities have
been or will he provided;
The site is accessed off of North Carroll Boulevard, and no additional access points are
contemplated. Future impacts on public infrastructure or public facilities or services will be further
evaluated and addressed with the review of the building permit, prior to construction of any proposed
improvements on the subject property.
4. The design, location and arrangement of all driveways and parking spaces provides for the safe
and convenient movement of vehicular and pedestrian traffic without adversely affecting the general
public or adjacent developments;
The subject property is accessed off of North Carroll Boulevard, and no access to the existing
residential neighborhoods or properties will be provided. The proposed development, including
structures and parking areas, must meet all applicable DDC requirements at building permit.
5. That adequate nuisance prevention measures have been or will he taken to prevent or control
offensive odor, fumes, dust, noise and vibration;
The proposed use will not create odor, fumes, dust, or vibration.
6. That directional lighting will he provided so as not to disturb or adversely affect neighboring
properties; and
The proposed development shall comply with light and glare requirements outlined in the DDC and
compliance with the DDC will be reviewed with the Building Permit plan application.
7. That there is sufficient landscaping and screening to ensure harmony and compatibility with
adjacent property.
The proposed expansion will meet the screening and buffering requirements outlined in the DDC,
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which includes a Type C Buffer on the north property line between the building expansion and the
single-family homes. The Type C Buffer is a 15 -foot planted strip that requires six evergreen and
deciduous trees and 25 shrubs per 100 linear feet. Any additional landscaping required to meet the
Type C Buffer, coupled with a small elevation change on the north property line, will assist in
reducing the visual impacts of the proposed building expansion and soften the transition between the
single-family homes and the facility. Please refer to the attached Landscape Plan for a depiction of
the buffer area.
C. Per Section 35.6.4. C; a SUP shall he issued if adequate capacity of infrastructure can and will he provided
to and through the subject property.
Adequate capacity of infrastructure is provided to and through the subject property
D. Per Section 35.6.4. D; a SUP shall he issued if the Special Use is compatible with and will not have an
adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding
area, the following factors shall he considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
The maximum lot coverage of NR -6 District is 60%, and the maximum building height of 40 feet.
These requirements are similar to the dimensional requirements of the adjacent NR -4 District and would
ensure that future development would retain a scale that is compatible with the surrounding character.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass
transit use are considered beneficial regardless of capacity of facilities.
Although the proposal would expand the size of the development by more than 5,000 square feet, the
number of parking spaces would not be increased and the number of beds available to residents would
decrease. Therefore, no substantial increase in traffic would be generated by the request.
3. Architectural compatibility with the impact area.
The scale or bulk of existing front facade of the elderly housing facility would not be impacted by the
proposed increase in square footage. However, if the proposal is approved, the facade of the existing
structure would be updated to reflect a residential character, thus increasing the architectural
compatibility with the surrounding area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
The proposed use does not generate dust, odors, or other environmental pollutants, and therefore will
not create a negative impact.
5. Generation of noise, light, and glare.
The proposed use must meet the noise requirements outlined in the City's Code of Ordinances and the
light and glare requirements outlined in 35.13.12 of the DDC.
6. The development of adjacent properties as envisioned in The Denton Plan 2030.
The Denton Plan 2030 designates the subject property and the surrounding area as
Moderate Density Residential, which encourages residential development on small lots at higher
densities. Permitting the existing elderly housing facility to expand would not prevent adjacent
properties from developing with a residential land use pattern, as the use is compatible with residential
development.
City of Denton Page 5 of 7 Printed on 4/8/2016
povveied by I_egist9i I;,
File #: Z16-0002 & S15-0014, Version: 1
7. Other factors found to he relevant to satisfy the requirements of this Chapter.
No other factors were found to be relevant.
4. Neighborhood meetings are not required, but staff strongly recommends that an applicant conduct a
neighborhood meeting in order to inform area residents and property owners of the proposed development.
The applicant held two neighborhood meetings, and one resident attended.
STAFF RECOMMENDATION:
Staff recommends approval of the request as it is compatible with the surrounding property and is consistent
with the goals and objectives of the Denton Plan 2030, subject to the following condition:
• The Elderly Housing use must substantially comply with the attached Site Plan and Landscape Plan,
which reflects the following:
• 60,730 square feet maximum building square feet
The structure must maintain a 15 -foot Type C Buffer on the north property line adjacent to the
single-family dwellings
• No additional parking spaces are permitted
OPTIONS:
1. Recommend approval as submitted.
2. Recommend approval subject to conditions.
3. Recommend denial.
4. Table the item.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 37 notices were sent to property owners within 200 feet
of the subject property, 102 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. As of
this writing, staff has received one letter neutral to the request.
PROJECT TIMELINE:
Application Received:
P' Submittal Sent to DRC Members
Comments Released to Applicant:
DRC Meeting with Staff:
Business Days under DRC Review:
Business Day out to Applicant:
Total Business Days:
EXHIBITS:
• Aerial Map
February 4, 2016
February 4, 2016
February 19, 2016
February 26, 2016
10
0
10
• Zoning Map
• Future Land Use Map
• Permitted Uses in Neighborhood Residential 3
• Permitted Uses in Neighborhood Residential 6
• Site Plan
City of Denton Page 6 of 7 Printed on 4/8/2016
povveied by I_egist9i I;,
File #: Z16-0002 & S15-0014, Version: 1
• Landscape Plan
• Notification Map
Respectfully submitted:
Beverly Zendt
Development Review Committee Administrator
Prepared by:
Julie Wyatt
Associate Planner
City of Denton Page 7 of 7 Printed on 4/8/2016
povveied by I_egist9i I;,
I masonry; and 3. One additional building and its required parking spaces may be permitted in the
2 general area designated "Future Pad Site" in the attached site plan, without amending the ADP, as
3 long as it complies with all requirements of the Denton Development Code (DDC) and
4 incorporates the same level of architectural detail provided for other buildings proposed for the
5 site.
7 Commissioner Dudowicz stated the proposed layout of the building will help enhance the proposed
8 development. Bell agreed.
10 Commissioner Briggle questioned if there would be a sidewalk along Fannin Street. Bell stated
11 there would be a connection to the sidewalk, however there will not be a sidewalk. There are no
12 other neighboring sidewalks. Commissioner Briggle stated she thought sidewalks were required
13 to be installed with new construction. Bell stated the applicant is paying the cost to install the
14 sidewalk at a future date. There are no current plans at this time. Commissioner Briggle questioned
15 if the funds would go to the City to put towards the sidewalk in the future when Fannin Street gets
16 updated. Bell confirmed, he stated this is a common process for areas that do not currently have
17 sidewalks.
18
19 Commissioner Rozell stated if a sidewalk were to be installed at this time, it wouldn't connect to
20 anything since there are not currently sidewalks in the area. He stated if Fannin Street were to
21 receive updates in the future then the sidewalk would be required to be removed for the updates.
22
23 Commissioner Beck question tree mitigation. Bell stated the site has been reviewed and would be
24 required to mitigate the trees Commissioner Beck referenced.
25
26 Julie Wyatt, Associate Planner, provided the presentation for Public Hearing Item 4A. Staff sent
27 out 37 public hearing notices to property owners within 200 feet of the subject site and 102
28 courtesy notices to property owners within 500 feet of the subject site. At this time staff has
29 received two (2) returned responses in favor of the request and two (2) responses neutral to the
30 request. Wyatt stated staff recommends approval of this request based on the following conditions:
31 The Elderly Housing use must substantially comply with the attached Site Plan and Landscape
32 Plan, which reflects the following: 60,730 square feet maximum building square feet; the structure
33 must maintain a 15 -foot Type C Buffer on the north property line adjacent to the single-family
34 dwellings; and no additional parking spaces are permitted.
35
36 Commissioner Hudspeth questioned the proposed square foot. Wyatt stated the square foot was
37 determined by the applicant. If the square foot were to increase in the future the applicant would
38 be required to come back before the City.
39
40 Commissioner Dudowicz stated this zoning request seems like it could have been a staff initiated
41 rezoning, similar to what the Planning and Zoning Commission Subcommittee has been meeting
42 about. He informed the Commissioners where the Subcommittee is at in the process.
43
44 Chair Strange questioned the reasoning to limit the additional parking spaces. Wyatt stated they
45 are currently over -parked. She stated at this point in the process staff does not see a need for
2
I additional parking spaces. Chair Strange questioned if the applicant requested additional parking
2 spaces. Wyatt stated no.
3 There was no further discussion. Chair Strange closed the Work Session at 5:39 p.m.
4
5 REGULAR MEETING
7 Chair Strange called the Regular Meeting to order at 6:30 p.m.
8
9 The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, April 13,
10 2016 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the
11 following items were considered:
12
13
14
15
16
17
18
19
20
PLEDGE OF ALLEGIANCE
A. U.S. Flag B. Texas Flag
2. CONSENT AGENDA
A. Consider a Vacating Plat of the Garcia Addition, Block A, Lot 1. The approximately 3.097
acre property is generally located at the southwest comer of South Locust Street and Collins
Street, within the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton
County, Texas. (PV16-0001, Garcia Addition, Mike Bell)
B. Consider approval Preliminary Plat of the Meadow Oaks Subdivision, Phase 4. The 8.796
acre site is generally located at the terminus of Oak Tree Drive, 155 feet west of Autumn
Oak Drive, and within the J. Brock Survey, Abstract No. 55. (PP15-0024, Meadow Oaks
Subdivision, Phase 4, Julie Wyatt).
C. Consider a Preliminary Plat of Block A, Lots 1 and 2, of the Locust Substation Addition. The
approximately 6.170 acre property is generally located at the southwest comer of Collins
Street and South Locust Street, within the Alexander Hill Survey, Abstract No. 623, in the
City of Denton, Denton County, Texas. (PP15-0040, DME Locust Substation, Mike Bell)
D. Consider a Final Plat of Block A, Lot 1 of the Locust Substation Addition. The approximately
6.147 acre property is generally located at the southwest comer of Collins Street and South
Locust Street, within the Alexander Hill Survey, Abstract No. 623, in the City of Denton,
Denton County, Texas. (FP16-0005, DME Locust Substation, Mike Bell)
E. Consider a Conveyance Plat of Block A, Lot CV2, of the Locust Substation Addition. The
approximately 0.636 acre property is generally located on the east side of Myrtle Street,
approximately 700 feet south of Collins Street, within the Alexander Hill Survey, Abstract
No. 623, in the City of Denton, Denton County, Texas. (CV16-0002, DME Locust
Substation, Mike Bell)
i 01=11=11 10121
A. Hold a public hearing and consider making a recommendation to City Council reardin a
rezoning from Neighborhood Residential 3 District (NR -3) to Neighborhood Residential 6
District (NR -6) and a Specific Use Permit (SLIP) for Elderly Housing. The approximately 5 -
acre site is !enerally located on the west side of North Carroll Boulevard and approximately
138 feet south of Strata Drive. (Z16-0002 and S15-0014, Denton Rehabilitation, Julie Wyatt
3 Chair Strange opened the Public Hearing.
4
5 Applicant, Chad Benson, 1600 Pecan, McKinney, Texas. Benson stated he is one of the owners
6 for the project, he provide a brief history of the property and current business. He stated they would
7 like to update the facility to provide better care to the patients and to provide better accessibility
8 for the staff members.
10 Commissioner Beck requested clarification as to what will be done on the site. Benson stated this
11 is an elderly care facility that will have two (2) units. A short care facility, for individuals coming
12 out of the hospital for rehabilitation needs, and a long term unit. Chair Strange questioned Benson
13 if he is opposed to any of the staff conditions. Benson stated no.
14
15 Julie Wyatt, Associate Planner, provided a brief staff summary of the request. Staff recommends
16 approval of this request based on the following conditions: The Elderly Housing use must
17 substantially comply with the attached Site Plan and Landscape Plan, which reflects the following:
18 60,730 square feet maximum building square feet; the structure must maintain a 15 -foot Type C
19 Buffer on the north property line adjacent to the single-family dwellings; and no additional parking
20 spaces are permitted.
21
22 Paul Bowers, 505 Strata, Denton, Texas. Bower questioned the Type `C' Buffer, he stated he has
23 some concerns with the existing chain link fence. Wyatt stated a 15 foot landscape buffer Type
24 `C' buffer would be required. The buffer would include 25 shrubs per linear foot. There is a small
25 elevation change between the subject property and the adjacent residential area.
26
27 Commissioner Hudspeth questioned the construction area compared to where Mr. Bowers resides.
28 Wyatt stated there are not improvements towards the citizen's house. The impact would be in the
29 opposite direction.
30
31 Commissioner Beck questioned if the chain link fence would remain in place after the construction.
32 Architect, Zelma Loeb, Loeb Architects, LLC., 17815 Davenport Road, Suite 240, Dallas, Texas.
33 Loeb stated the chain link fence is not on the subject site property, it is possible it is owned by the
34 neighboring fairgrounds. She stated there is a wood fence that will remain in place.
35
36 Commissioner Dudowicz stationed a portion of the current building will be removed for the future
37 expansion, this will also help to enhance the area.
38
39 William Nielsen, 1220 Oak Tree Drive, Denton, Texas. Nielsen stated he owns property on Strata
40 Drive as well. Nielsen questioned any potential mitigation on the site. Wyatt stated the applicant
5
I is proposing to increase the pitch of the roof to be more in-line with a residential structure. The
2 property meets all of the buffer requirements and residential setbacks. Chair Strange questioned if
3 the proposed development would be single -story. Wyatt confirmed.
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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28
29
30
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32
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34
35
36
37
38
39
40
Commissioner Rozell questioned the roof materials. Loeb stated they would be composite
materials.
There was no one else to speak, Chair Strange closed the Public Hearing.
Commissioner Frank Conner motioned, Commissioner Larry Beck seconded to approve this
request based on the following conditions: The Elderly Housing use must substantially comply
with the attached Site Plan and Landscape Plan, which reflects the following: 60,730 square feet
maximum building square feet; the structure must maintain a 15 -foot Type C Buffer on the north
property line adjacent to the single-family dwellings; and no additional parking spaces are
permitted. Motion approved (6-0). Commissioner Amber Briggle "aye", Chair Jim Strange "aye"
Commissioner Frank Dudowicz "aye", Commissioner Larry Beck "aye", Commissioner Gerard
Hudspeth "aye", and Commissioner Andrew Rozell "aye".
5. PLANNING & ZONING COMMISSION PROJECT MATRIX
A. Planning and Zoning Commission project matrix.
Commissioner Briggle stated that she requested three (3) items a while back. Those items are:
discussion on tiny houses, she stated a lot coverage report might go along with that discussion,
alterative to landscape requirements, she suggested encouraging xeriscaping wherever possible.
The third item requested is in regards to the tree ordinance.
Munal Mauladad, Deputy Director of Development Services, stated the tiny house discussion is
on the radar just not currently on the matrix at this time. She stated xeriscaping will be revisited as
well, staff is looking at a comprehensive analysis and a potential rewrite of the Denton
Development Code. Mauladad stated in regards to the tree code ordinance staff has started meeting
with the Denton Community Development Alliance and the community at large as well. She stated
staff will provide more information within the next week.
Chair Strange questioned where the tree code ordinance request came from. Mauladad stated City
Council directed staff to start looking at the tree fund that was created.
Commissioner Beck requested a Work Session Item to receive an understanding of the public
hearing notification process. Mauladad confirmed.
There was no further discussion. Chair Strange adjourned the Regular Meeting at 6:58 p.m.
11
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REZONING PROPERTY
FROM A NEIGHBORHOOD RESIDENTIAL 3 DISTRICT (NR -3) TO A
NEIGHBORHOOD RESIDENTIAL 6 DISTRICT (NR -6) AND GRANTING A
SPECIFIC USE PERMIT (SUP) FOR ELDERLY HOUSING LOCATED ON AN
APPROXIMATELY 5 -ACRE SITE AND MORE GENERALLY LOCATED ON THE
WEST SIDE OF NORTH CARROLL BOULEVARD AND APPROXIMATELY 138
FEET SOUTH OF STRATA DRIVE; ADOPTING AN AMENDMENT TO THE CITY'S
OFFICIAL ZONING MAP AND PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15-0008 AND 515-0006).
WHEREAS, Chad Benson has applied for a zoning change from a Neighborhood
Residential 3 (NR -3) zoning district and use classification to a Neighborhood Residential
6 (NR -6) zoning district and use classification and for a Specific Use Permit for an Elderly
Housing use on approximately 5 acres of land legally described as Lot 1, Block 1, Denton
Nursing Center Addition, and more commonly known as 2229 N. Carroll Blvd., County of
Denton, Denton, Texas 76201 (the "Property"), in order to expand an existing elderly
housing facility; and
WHEREAS, after notice published, a public hearing was held before the Planning
and Zoning Commission in accordance with State law on April 13, 2016, whereby the
Planning and Zoning Commission recommended approval (6-0) of the requested rezoning
and of the Specific Use Permit; and
WHEREAS, after notice published, a public hearing was held before the City
Council in accordance with State law and the City Council hereby finds that the request is
consistent with the Denton Plan and federal, state, and local law and that the Applicant has
agreed to comply with all provisions of the Denton Development Code, as they exist, may
be amended, or in the future arising, including but not limited to, this Ordinance, and has
further agreed to comply with the additional restrictions and conditions set forth herein;
and
WHEREAS, the City Council has determined that it will be beneficial to Denton
and its citizens to grant the SUP; that such grant will not be detrimental to the public
welfare, safety, or health; and that the SUP should be granted; 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 zoning district and use classification for the Property is hereby
changed from Neighborhood Residential 3 (NR -3) to Neighborhood Residential 6 (NR -6).
SECTION 3. The City's official zoning map is hereby amended to show the change
in the zoning district and use classification.
SECTION 4. SUP Granted. The Specific Use Permit (SUP) to allow an Elderly
Housing use on the Property is hereby approved, subject to the following conditions:
1. The Elderly Housing use must substantially comply with the attached Site Plan
and Landscape Plan, attached as Exhibit A and incorporated herein; and
2. The maximum building square footage shall be 60,730 square feet; and
3. The structure must maintain a 15 -foot Type "C" Buffer on the North property
line adjacent to the single-family dwellings; and
4. No additional parking spaces are permitted.
SECTION 5. Failure to Comply. Except as otherwise stated above, all terms of the
SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to
comply with any term or condition of the Ordinance will result in the SUP being declared
null and void and of no force and effect. The SUP is issued to the entity named above and
is assignable and transferable.
SECTION 6. SUP Regulations. Upon notice to the property owner and a hearing
before the City Council, a SUP may be revoked or modified if:
There is one or more of the conditions imposed by this Ordinance that has not been
met or has been violated on the Property; or
2. The SUP was obtained or extended by fraud or deception; or
3. As otherwise permitted by law and/or Denton's Zoning Ordinance.
SECTION 7. Effective date of SUP. The SUP shall be effective from and after the
effective date of this Ordinance. Upon termination of the SUP, the Property shall cease to
be used as provided herein unless another SUP or appropriate zoning has been obtained.
SECTION 8. Unlawful use. It shall be unlawful for any person, firm, entity, or
corporation to make use of the above -referenced Property in some manner other than as
authorized by the Denton Code of Ordinances and this Ordinance.
SECTION 9. Penalty. Any person, firm, entity or corporation violating any
provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00
for each violation. Each day that a provision of this ordinance is violated shall constitute
a separate and distinct offense. The penal provisions imposed under this Ordinance shall
not preclude Denton from filing suit to enjoin the violation and it retains all legal rights
and remedies available to it under local, state and federal law.
SECTION 10. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid by any court, such invalidity shall not
affect the validity of the provisions or applications, and to this end the provisions of this
ordinance are severable.
SECTION 11. Effective Date of Ordinance. This ordinance shall become effective
fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to
cause the caption of this ordinance to be published twice in the Denton Record -Chronicle,
a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date
of its passage.
PASSED AND APPROVED this the day of , 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
JENNIFER W. DECURTIS, DEPUTY CITY ATTORNEY
BY:
Exhibit A
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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
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Date: 2/8/2016
he City of Denton has prepared maps for depart, ental 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. 1.
Neighborhood Residential 3
Permitted Uses
RESIDENTIAL:
P Agriculture, Single-family Dwellings, Community Homes for the Disabled
L(1), SUP Accessory Dwelling Units
L(7) Livestock
SUP Attached Single-family Dwellings
COMMERCIAL:
P Home Occupation, Outdoor Recreation
L(38) Temporary Uses
INDUSTRIAL:
L(27), SUP Gas Wells
INSTITUTIONAL:
P Parks and Open Space, Churches
L(25) Basic Utilities
SUP Semi -Public Halls, Clubs, and Lodges, Adult or Child Day Care,
Kindergarten, Elementary Schools, WECS
P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit
LIMITATIONS:
L(1) — Subject to the following criteria:
1. The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone.
2. The maximum number of accessory dwelling units shall not exceed one per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of
the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of
L(1).5.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of the DDC.
5. The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on
the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater than 10 acres.
L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre
over three acres.
L(25) — If proposed use is within 200 feet of a residential zone, approval is subject to an SUP.
L(27) — Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production
L(38) — Must meet the requirements of Section 35.12.9.
Neighborhood Residential 6
Permitted Uses
RESIDENTIAL:
P Agriculture, Single-family Dwellings, Attached Single-family Dwellings,
Duplexes, Community Homes for the Disabled
L(1), SUP Accessory Dwelling Units
L(7) Livestock
L(16) Live/Work Units
SUP Manufactured Housing Developments
COMMERCIAL:
P Home Occupation, Outdoor Recreation
L(38) Temporary Uses
INDUSTRIAL:
L(27), SUP Gas Wells
INSTITUTIONAL:
P Parks and Open Space, Churches
L(25) Basic Utilities
SUP Semi -Public Halls, Clubs, and Lodges, Adult or Child Day Care,
Kindergarten, Elementary Schools, Elderly Housing, WECS
P = Permitted, L(#) = Permitted with a Limitation, SUP = Specific Use Permit
LIMITATIONS:
L(1) — Subject to the following criteria:
1. The proposal must conform with the overall maximum lot coverage and setbacks requirements of the underlying zone.
2. The maximum number of accessory dwelling units shall not exceed one per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of
the primary residence on the lot, and shall not exceed 1,000 square feet GHFA unless the lot meets the requirements of
L(1).5.
4. One additional parking space shall be provided that conforms to the off-street parking provisions of the DDC.
5. The maximum GHFA of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on
the lot, where the lot size is equal to or greater than 10 acres in size. An SUP is not required for such an accessory
residential structure where the lot size is equal to or greater than 10 acres.
L(7) — Limited to two animals on parcels one to three acres in size. Additional animals may be added at a rate of one per each acre
over three acres.
L(16) — Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L(25) — If proposed use is within 200 feet of a residential zone, approval is subject to an SUP.
L(27) — Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production
L(38) — Must meet the requirements of Section 35.12.9.
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he 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 the
for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
In order for your opinion to be counted, please complete this form and mail to:
Department of Development Servic
Attn: Julie Wyatt, i
Prject Manager
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Uax: (940)349-7707
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Please circle one:
In favor of request Neutral to request Opposed to request
Comments:
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Signature:
Mailing Address: 447
City, State Zip: '72,-Zo/
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Phone Number:
Email Address:
Physical Address of Property within 200 feet:
For specific information regarding the request, please refer to the City's website (see link below)
for staff's analysis. The staff analysis will be posted on April 8, 2016.
City of Denton Planning Division/City Hall West/221 N. Elm Street, Denton, TX 76201/940.349.8541
www.cityofdenton.com
II] 'order for your opinion to be co(6ited, please complete this form and mail to:
Department of Development Services
Attn: Julie Wyatt, Project Manager
221 N. Elm Street
Denton, TX 76201
r fax a copy to:
Fax: (940)349-7707
In favor of request)
Comments:
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ProJect No: Z16-0002 and S15-0014
Please circle one:
Neutral to request Opposed to request
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For specific information regarding the request, please refer to the City's website (see link below)
for staff's analysis. The staff analysis will be posted on April 8, 2016.
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www.cityofdenton.com
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Department of Development Services
Attn: Julie Wyatt, Project Manager
221 N. Elm Street
Denton, TX 76201
You may also email or fax a copy to:
Email: julie.wyatt@cityofdenton.com
Fax: (940)349-7707
Project No: Z16-0002 and 515-0014
Please circle one:
In favor of request Neutral to request' Opposed to request
Comments:
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For specific information regarding the request, please refer to the City's website (see link below)
for staff s analysis. The staff analysis will be posted on April 8, 2016.
City of Denton Planning Division/City Hall West/221 N. Elm Street, Denton, TX 76201/940.349.8541
www.cityofdenton.com
Department of Ievelopment Servic
Attn: Julie Wyatt, Project Manager
221 N. Elm Street
Denton, TX 76201
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Email: julie.wyatt@cityofdenton.com
Fax: (940)349-7707
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Mailing Address: 8) a t
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Phone Number: J, '7
Email Address:
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Physical Address of Property within 200 feet: A) /LI
Uor specific information regarding the request, please refer to the City's website (see link below)
for staff s analysis. The staff analysis will be posted on April 8, 2016.
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City of Denton Planning Division/City Hall West/221 N. Elm Street, Denton, TX 76201/940.349.8541
www.cityofdenton.com
City Hall
City of Denton 215 E. McKinney St.
- Denton, Texas 76201
www.cityofdenton.com
,
DENTON
File #: ID 16-591, Version: 1
Legislation Text
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
ACM: Jon Fortune
DATE: May 10, 2016
SUBJECT
Hold a public hearing and consider adoption of an ordinance of the City Council of the City of Denton, Texas
ordaining the City's participation in the Texas Enterprise Zone Program pursuant to the Texas Enterprise Zone
Act, Chapter 2303, Texas Government Code ("Act"), providing tax incentives, designating a liaison for
communication with the interested parties, and nominating WinCo Foods, LLC to the Office of the Governor,
Economic Development and Tourism (OOGEDT) through the Economic Development Bank (the "Bank") as
an Enterprise Project ("Project").
BACKGROUND
The Texas Enterprise Zone Program is a State of Texas economic development tool to promote job creation and
capital investment in economically distressed areas of the state. Successful applicants are eligible to apply for
state sales and use tax refunds on qualified expenditures. The program provides state reimbursement category
levels related to the level of capital investment and number of jobs created and/or retained for economically
disadvantaged individuals during the designation period. Key aspects of the Texas Enterprise Zone Program
are:
• The local city or county must nominate the qualified company as an enterprise project and must offer
one or more forms of local tax incentive to the company.
• Projects may be physically located in or outside of an Enterprise Zone. The location determines the
percent of new employees that must meet economically disadvantaged or Enterprise Zone residence
requirements.
• The enterprise project must be nominated for a designation period of not less than one year and up to
five years, non-inclusive of a 90 -day window prior to the application deadline. Employment and capital
investment commitments must be incurred and met within this timeframe.
• Denton is eligible for up to four enterprise projects plus two additional bonus enterprise projects per
State biennium.
• The local community must conduct a public hearing and approve an Enterprise Zone nominating
ordinance prior to submitting the application to the State.
• The State accepts applications on a quarterly basis. June 1, 2016, is the next application deadline date.
• Applications are scored on criteria that reflect the distress of the area, state priority, and local and
private effort. The State may designate up to 105 enterprise zone projects each biennium.
City of Denton Page 1 of 2 Printed on 5/6/2016
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File #: ID 16-591, Version: 1
Benefit to WinCo Foods:
The property included within the boundaries of the proposed WinCo L.L.C. Enterprise Zone represents the
company's 77 -acre distribution center site at 300 S. Western Boulevard. If approved in the State's June 2016
application cycle, the project will receive enterprise zone designation from June 1, 2016 to June 1, 2021.
WinCo Foods, LLC has a projected capital investment of $90 million at the distribution center site during this
time frame. At this investment level, the company would receive state sales and use tax refunds of $2,500 per
qualified job up to 500 jobs and a maximum refund of $1.25M dollars. The company's current plan to create
165 new full-time jobs represents a potential state refund to WinCo of $412,500.
This request represents an opportunity for the City to assist WinCo Foods in receiving a significant state tax
refund and further demonstrate the City's support of the company's investment in our community.
FISCAL INFORMATION
Establishing an Enterprise Zone has no fiscal impact to the City. The zone enables the project to be eligible to
receive state funds based on job creation in the zone.
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
Draft Ordinance
Respectfully submitted:
Aimee Bissett
Director of Development Services
Prepared by:
Erica Sullivan
Economic Development Analyst
Department of Development Services, Economic Development Division
City of Denton Page 2 of 2 Printed on 5/6/2016
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sAlegal\our documents\ordinances\16\winco tx ez tab 6 draft norninating ordinance 04-18-16.doex
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CIT'Y'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE
PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303,
TEXAS GOVERNMENT CODE ("ACT"), PROVIDING TAX INCENTIVES, DESIGNATING
A LIAISON FOR COMMUNICATION WITH THE INTERESTED PARTIES, AND
NOMINATING WINCO FOODS, LLC TO THE OFFICE OF THE GOVERNOR, ECONOMIC
DEVELOPMENT AND TOURISM (OOGEDT) THROUGH THE ECONOMIC
DEVELOPMENT BANK (THE "BANK") AS AN ENTERPRISE PROJECT ("PROJECT").,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton (the "City") desires to create the
proper economic and social environment to induce the investment of private resources in
productive business enterprises located in severely distressed areas of the City and to provide
employment to residents of such areas; and
WHEREAS, the project or activity is located in an area designated as an enterprise zone;
and
WHEREAS, pursuant to Chapter 2303, Subchapter F of the Act, WinCo Foods, LLC has
applied to the City for designation as an Enterprise Project; and
WHEREAS, the City finds that WinCo Foods, LLC meets the criteria for tax relief and
other incentives adopted by the City on the grounds that it will be located at the qualified
business site, will create a higher Level of employment, economic activity and stability; and
WHEREAS, a public hearing to consider this order was held on May 10, 2016; NOW,
THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City nominates WinCo Foods, LLC for Enterprise Project status.
SECTION 2. The following local incentives, at the election of the governing body, are or
will be made available to the nominated project or activity of the qualified business:
a) The City may abate taxes on the increase in value of real property improvements
and eligible personal property that locate in a designated enterprise zone. "The
level of abatement shall be based upon the extent to which the business receiving
the abatement creates jobs for qualified employees, in accordance with the City of
Denton Tax Abatement Policy, and with qualified employee being defined by the
Act. The City may offer the following incentives for businesses meeting the
applicable requirements: reduced electrical utility rates, reduced infrastructure
costs, grants based on new sales tax or ad valorem tax revenues generated by a
s:Alegal\our documents\ordinances\I6\winco tx ez tab 6 draft nominating ordinance 04-18-16.docx
company or development, local sales tax refund, tax increment financing, triple
Freeport tax exemption, Chapter 380 grants, and industrial revenue bonds.
b) The City may provide regulatory relief to businesses, including:
1) zoning changes or variances;
2) exemptions from unnecessary building code requirements, impact fees, or
inspection fees; or
3) streamlined permitting.
C) The City may provide enhanced municipal services to businesses, including:
1) improved police and fire protection;
2) institution of community crime prevention programs; or
3) special public transportation routes or reduced fares.
d) The City may provide improvements in community facilities, including:
1) capital improvements in water and sewer facilities;
2) road repair; or
3) creation or improvement of parks.
e) The City may provide improvements to housing, including:
1) low-interest loans for housing rehabilitation, improvement, or new
construction; or
2) transfer of abandoned housing to individuals or community groups.
f) The City may provide business and industrial development services, including:
1) low-interest loans for business;
2) provision of publicly owned land for development purposes, including
residential, commercial, or industrial development;
3) creation of special one-stop permitting and problem resolution centers or
ombudsmen; or
4) promotion and marketing services.
g) The City may provide job training and employment services to businesses,
including:
1) retraining programs;
2) literacy and employment skills programs;
3) vocational education; or
4) customized job training.
Page 2
s:Alegakour documents\ordinances\16\wirnco tx ez tab 6 draft nominating ordinance 04-18-16.docx
SECTION 3. The enterprise zone areas within the City are reinvestment zones in
accordance with the Texas Tax Code, Chapter 312.
SECTION 4. The City of Denton City Council directs and designates its Director of
Development Services as the City's liaison to communicate and negotiate with the OOGEDT
through the Bank and enterprise project(s) and to oversee enterprise zone activities and
communications with qualified businesses and other entities in an enterprise zone or affected by
an enterprise project.
SECTION 5. The City finds that WinCo Foods, LLC meets the criteria for designation as
an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
a) WinCo Foods, LLC is a "qualified business" under Section 2303.402 of the Act
since it will be engaged in the active conduct of a trade or business at the qualified
business site located in an enterprise zone in the governing body's jurisdiction and
at least twenty-five percent (25%) of the business' new employees will be
residents of an Enterprise Zone or economically disadvantaged individuals; and
b) There has been and will continue to be a high level of cooperation between
public, private, and neighborhood entities in the area; and
C) The designation of WinCo Foods, LLC as an Enterprise Project will contribute
significantly to the achievement of the plans of the City for development and
revitalization of the area.
SECTION 6. The enterprise project shall take effect on the date of designation of the
enterprise project by OOGEDT and terminate five years after that date.
SECTION 7. This ordinance shall take effect from and after its passage as the law and
charter in such case provides.
PASSED AND APPROVED this the day of , 2016.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:--
Page 3
CHRIS WATTS, MAYOR