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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1322,Version:1 AGENDA CAPTION PresentationbyGeorgeMorrow,DMEGeneralManager,recognizingtheoutstandingaccomplishmentsof Denton Municipal Electric’s Lineman Rodeo Team at the 2018 Texas Lineman’s Rodeo. City of DentonPage 1 of 1Printed on 8/13/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1380,Version:1 AGENDA CAPTION ReceiveapresentationfromattorneyRichardHayes,holdadiscussionandgiveStaffdirectionregardingthe rules of parliamentary procedure for conducting City Council meetings. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Legal Department CM/ DCM/ ACM: Aaron Leal, City Attorney DATE: August 21, 2018 SUBJECT Receive a presentation from attorney Richard Hayes, hold a discussion and give Staff direction regarding the rules of parliamentary procedure for conducting City Council meetings. BACKGROUND st At its Tuesday, August 21 Work Session, the City Council will receive a presentation on parliamentary procedure. Parliamentary procedure refers to the rules, precedents and practices commonly used in the governance of deliberative assemblies. According to the National Association of Parliamentarians, effectively meet and make decisions in a fair consistent manner While parliamentary procedure cannot guarantee that every member of an organization is pleased with the outcome of a decision, it aims to ensure that every member is satisfied by the manner in which the decision was made and that the organization makes decisions efficiently b Local Denton attorney Richard Hayes will be presenting this work session item. Richard is a named partner for the Hayes, Berry, White and Vanzant LLP law firm. He is a Professional Registered Parliamentarian. He is a member of the American College of Parliamentary Lawyers, National Association of Parliamentarians, American Institute of Parliamentarians, Texas State Association of Parliamentarians (President 2012-2013) and the Golden Triangle Parliamentarians (President 2015-2016). Finally, Richard also serves as the coach of the award-winning Billy Ryan High School Parliamentary Procedure team that won its ninth national title this past June. STRATEGIC PLAN RELATIONSHIP gic 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: Organizational Excellence Related Goal: 1.3 Promote effective internal and external communication EXHIBITS Respectfully submitted: Presentation Aaron Leal, City Attorney City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1111,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingthedraftannualreportofoilandgaswell inspection activities conducted by Modern Geosciences. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Receive a report, hold a discussion, and give staff direction regarding the draft annual report of oil and gas well inspection activities conducted by Modern Geosciences. On October 24, 2017 the City Council approved Ordinance 2017-328 authorizing the award of a professional services agreement with Modern Geosciences for inspecting oil and gas facilities in the city limits of Denton in an amount not to exceed $250,000. Using this outside contracting service provides technological expertise, more capable and varied instrumentation, and more extensive reporting compared to the inspections conducted by the City of Denton’s Gas Well Inspections Division. The agreement specifies that Modern Geosciences will provide the following services: • Enhancing the current Geographic Information Systems (GIS) database • Completing “Standard” inspections for all items currently inspected by the City of Denton’s Gas Well Inspections division • Completing “Fence line” inspections for methane, hydrogen sulfide, total volatile organic compounds (tVOCs), naturally occurring radioactive material (NORM), noise, and particulate matter • Completing “Near equipment” inspections using Forward Looking Infra-Red Optical Gas Recognition (FLIR-OGI), methane, and NORM meters • Providing Reports for all inspection activities, including inspection checklists, site photos, and GIS information, as completed • Providing a comprehensive annual report. The agreement specifies that Modern Geosciences will inspect wells based on priority status. Low priority wells are those that are greater than 1000 feet from a sensitive use and are inspected one time every two years. Moderate priority sites are those that are 300 to 1000 feet from a sensitive use and are inspected once per year. High priority sites are those that are less than 300 feet from a sensitive use and are inspected two times per year. Modern Geosciences completed the Geographical Information System (GIS) database work in fall 2017, and then began inspections in early 2018. Once the first round of inspections was completed, the reporting format was finalized and the City of Denton’s gas well locator map was revised so that both City of Denton and Modern Geosciences inspection reports could be viewed on a per well and per operator basis. Inspection reports can now be viewed on an individual well basis directly from the map, or can be viewed by using the “search for wells” tool on the right of the main web page: http://gis.cityofdenton.com/CODPublic/gaswell.html As outlined in the list above, Modern Geosciences was also tasked with providing a comprehensive annual report once all inspection activities were completed. While the Modern Geosciences still has the second round of some high priority sites pending, a draft annual report has been completed. Dr. Kenneth Tramm from Modern Geosciences will present an overview of the draft report to the City Council for discussion and feedback. The contract with Modern Geosciences was approved via Ordinance 2017-328 on October 24, 2017. None 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: Exhibit 1 – Agenda Information Sheet Exhibit 2 – Modern Geosciences Presentation Respectfully submitted: Kenneth Banks, 349-7165 General Manager of Utilities City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1199,Version:1 AGENDA CAPTION Receive a report; hold a discussion, and give staff direction regarding an overview of the Gas Well inspections division’s goals and accomplishments, process improvements, and budget in preparation for the FY 2018-19 Proposed Budget. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com Receive a report; hold a discussion, and give staff direction regarding an overview of the Gas Well goals and accomplishments, process improvements, and budget in preparation for the FY 2018-19 Proposed Budget. The purpose of this work session is to provide an overview of Gas Well Inspections division, including major responsibilities, goals and accomplishments, process improvements, and budget. The Gas Well Inspection division was moved from Development Services to Environmental Services during the summer of 2017. At the time of this move, there had been a single employee in the division since 2016, with three additional vacant positions in the budget. During October 2017, the City Council approved a one year contract with Modern Geosciences to perform enhanced monitoring and inspection activities, which was paid for by the salary savings associated with the three vacant positions. These monitoring and inspection activities are in addition to the semi-annual inspections conducted by the City of Denton, and included substantially more inspection equipment and capabilities.The Modern Geosciences inspections activities have been ongoing, and a report summarizing results is being presented to the City Council as a separate work session item. The contract expires at the end of October 2018, and one of the key issues to discussfor the fiscal year 2018-19 Gas Well Inspections division budget is whether the City Council prefers to enter into another contract with Modern Geosciences to continue inspection activities. Staff has provided details in the presentation (Exhibit 2) comparing inspection activities completed by the City of Denton and those done by Modern Geosciences.Cost estimates of completing the inspection and monitoring activities currently done by Modern Geosciences using City of Denton staff and purchasing the needed equipment are also provided. tion-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: 1.Agenda Information Sheet 2.PowerPoint Presentation Gas Well Inspections Respectfully submitted: Antonio Puente, Jr. Director of Finance Prepared by: Nancy Towle Budget Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1314,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheFY2018-19CityManager’sProposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DCM: Bryan Langley DATE: August 21, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the FY 2018- Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast. BACKGROUND The FY 2018- Proposed Budget was submitted to the City Council on July 27, 2018. Staff provided the City Council with a comprehensive overview of the proposed budget at a Budget Work thth Session on August 2, 2018 and additional work sessions on August 7 and August 14. The purpose of this agenda item is to provide the City Council an additional opportunity for questions and dialogue on the FY 2018--Year Financial Forecast. Below is the schedule for the adoption of the tax roll, tax rate and budget: nd September 11, 2018 - 2 Public Hearing on Tax Rate Public Hearing on Proposed Budget September 18, 2018 - City Council Tax Roll, Tax Rate and Budget I look forward to discussing the City M-19 Proposed Budget in detail with you. If you have any questions, or need additional information, please let me know. STRATEGIC PLAN RELATIONSHIP -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: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Budget Follow-Up Memorandum 3. GreenSense Incentive Program 4. Presentation Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 MEMORANDUM DATE: August 21, 2018 TO: Honorable Mayor and Members of the City Council FROM: Antonio Puente, Jr., Director of Finance SUBJECT: City Council Budget Questions and Responses Information regarding the FY 2018-19 Preliminary Budget was presented to the City Council on th, ththththth June 5and July 17. Department presentations have been presented on June 5, 6, 13, 20, thththndnd 27, July 18, and 25, and Aug 2, 2018. The Proposed Budget was presented on August 2. Below is a summary of the most recent questions and requests, from the City Council as I understand them, and the responses compiled to date. 1. Please provide information on the list of all department maintenance for ROW and what they spend and service provided. Parks and Recreation, Community Services, Denton Municipal Electric, and Drainage engage in ROW Maintenance in the City of Denton. Parks and Recreation and Community th Improvement Services provided an Informal Staff Report on July 17 (Attachment 1). Denton Municipal Electric trims trees in transmission ROW and easements, the proposed budget for tree trimming is $500,000 and through July $434,022 has been spent in FY2017- 18. Drainage has no ROW mowing, but mows drainage easements throughout the city. They also grade the roadside ditches to remove silt and improve draining flow. ROW Maintenance DME $ 500,000 Drainage (Easements) $ 47,988 Community Improvement Services $ 358,507* Parks and Recreation $ 133,240* * Includes FY2018-2019 Supplemental Increase 2. Please provide information on average home value. Get all home taxable home values for 2017 and 2018. Eliminate any not in both years. The chart below shows the average change in Taxable Value of all homestead properties versus homestead properties previously on the tax roll. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Finance Department 215 E. McKinney St., Denton, TX 76201 (940) 349-8531 #¤±³¨¥¨¤£ !µ¤± ¦¤ (®¬¤²³¤ £ E·¨²³¨­¦ !µ¤± ¦¤ Year Value (®¬¤²³¤ £ 6 «´¤ * 2017 $ 214,136.00 $ 178,624.98 2018 $ 233,241.00 $ 193,347.13 * Appraised in both 2017 and 2018 3. Please provide information on the Downtown TIRZ, a breakdown of new improvements vs assessed value This information will be provided at the August 28th City Council Meeting. 4. Please provide information on 1% interest fee on Utilities. th This information will be provided at the August 28 City Council Meeting with the Miscellaneous Rate Ordinance. 5. Pleases provide information on same day service fee is the same as regular fee. th This information will be provided at the August 28 City Council Meeting with the Miscellaneous Rate Ordinance. 6. Please provide information on late payment fee options $20 vs 5% or $10 fee. th This information will be provided at the August 28 City Council Meeting with the Miscellaneous Rate Ordinance. 7. Please provide information on removing transfers between funds. th This information will be provided at the August 28 City Council Meeting. Attachments: Attachment 1: Informal Staff Report on ROW Attachment 2: Updated Budget Pages for Denton Municipal Electric OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service Date: July 27, 2018 Report No. 2018-097 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Right-of-way (ROW) mowing and maintenance conducted by the Parks and Recreation Department (PARD) and Community Improvement Services (CIS) BACKGROUND: th During the July 17 Council Meeting, PARD was asked to provide a summary of the ROW maintenance managed by the department compared to the ROW maintenance performed by CIS. DISCUSSION: and 60 acres of medians. The properties include city streets such as Bonnie Brae and Vintage, farmto-market (FM) roads including FM 2153 and FM 428, and state roadways like east Hwy as Jim Christal, Masch Branch, and Cowling. Maintenance includes mowing and roadside trash pick-up and is performed by a combination of PARD staff and contracted service providers. PARD currently allocates $89,740 annually for ROW mowing and maintenance performed by contractors. A supplemental request was submitted for FY 18-19 to increase the contract amount allocated for ROW. The request proposes sections of ROW located along the borders of the city limits currently mowed by PARD staff be transferred to the mowing contract inventory. This would allow PARD to re-allocate staff and resources to the core of the city. CIS is also tasked with maintaining approximately 240 acres of ROW property under the Enhanced Enhancement Program (LEEP) in 2014. The purpose was to promote economic development by creating a positive first impression of our community through the maintenance and beautification roadside trash pick-up was proposed to be done by contracted services. CIS was identified as the appropriate department to manage the program as it aligned with their property maintenance mission. The program was first funded in FY 14-15 and covered eight roadways: Teasley Lane, McKinney Street, University Drive, Country Club Road, Hickory Creek Road, Locust Street, Elm Street, Mingo Road. Funding was increased the following year to expand the program. Today, the program continues to focus on major entryways and properties with high visibility. PARD and CIS work closely together to ensure there are no duplications of resources. As new property is added to the maintenance inventory, the departments consult with each other to coordinate activities. PARD and CIS will be performing a more comprehensive analysis to identify and explore opportunities for additional efficiencies. STAFF CONTACT: Laura Behrens, Assistant Director of Parks and Recreation Laura.Behrens@cityofdenton.com В ELECTRIC FUND RESOURCE & EXPENDITURE SUMMARY 2016-172017-182017-182018-19 RESOURCESACTUALBUDGETESTIMATE PROPOSED Non-DEC Base Rate Revenues$ 87,301,821$ 91,031,334$ 85,989,711$ 84,500,963 TCRF Revenues 4,246,376 5,578,948 5,553,660 - ECA Revenues 49,446,890 51,061,135 50,704,368 51,021,887 Non-Operating Revenues 30,883,075 25,558,367 40,354,777 43,405,771 Interest Income 757,187 450,000 565,000 400,000 NON-DEC REVENUES$ 172,635,349$ 173,679,784$ 183,167,516$ 179,328,621 DEC Revenues - - 31,010,383 36,304,634 TOTAL REVENUES$ 172,635,349$ 173,679,784$ 214,177,899$ 215,633,255 Use of Reserves - 31,223,969 13,992,102 28,061,441 TOTAL RESOURCES$ 172,635,349$ 204,903,753$ 228,170,001$ 243,694,696 2016-172017-182017-182018-19 EXPENDITURES BY DIVISIONACTUALBUDGETESTIMATE PROPOSED Administration $ 46,199,643$ 77,447,296$ 76,656,026$ 100,878,073 Power Supply Administration 1,278,786 2,274,433 648,269 765,104 Energy Management 3,189,623 4,751,796 3,740,608 4,691,351 Energy Services 1,133,275 2,503,113 2,115,095 2,229,199 Regulatory & Risk 933,572 1,250,025 947,280 1,083,078 Wholesale Power 93,060,897 84,547,684 113,150,673 94,652,567 Denton Energy Center - 1,679,667 1,906,135 7,998,018 Operations & Maintenance 4,332,165 5,449,242 5,365,297 6,111,205 System Operations 3,411,419 4,177,307 4,140,369 4,288,416 Distribution 2,020,750 3,196,892 3,115,733 4,269,221 Substations 1,225,656 1,935,107 1,743,917 3,910,291 General Operations Administration 499,142 1,013,643 844,342 957,300 Engineering 4,117,666 5,105,933 3,932,790 4,322,496 Meter Operations 3,520,858 3,651,095 3,493,635 3,682,657 Customer Accounts 3,274,276 3,420,547 3,997,445 3,404,312 Communications 1,297,140 1,798,231 1,671,691 - Safety & Training 623,165 701,742 700,696 451,408 TOTAL EXPENDITURES$ 170,118,033$ 204,903,753$ 228,170,001$ 243,694,696 PERSONNEL BY DIVISION2016-172017-182017-182018-19 Full Time Equivalents (FTE)ACTUALBUDGETESTIMATE PROPOSED Administration 11.00 9.00 9.00 9.00 Power Supply Administration 2.00 1.00 1.00 1.00 Energy Management 15.00 17.00 17.00 17.00 Energy Services 5.00 6.00 6.00 6.00 Regulatory & Risk 4.00 4.00 4.00 4.00 Wholesale Power - - - - Denton Energy Center 1.00 12.00 12.00 14.00 Operations & Maintenance 25.00 25.00 25.00 25.00 System Operations 22.00 22.00 22.00 22.00 Distribution 33.00 33.00 33.00 30.00 Substations 11.00 11.00 11.00 11.00 General Operations Administration 2.00 3.00 3.00 3.00 Engineering 27.00 17.00 17.00 17.00 Meter Operations 24.00 24.00 24.00 24.00 Customer Accounts - - - - Communications 11.00 11.00 11.00 - Safety & Training 4.00 4.00 4.00 2.00 TOTAL PERSONNEL 197.00 199.00 199.00 185.00 ВЍ ELECTRIC FUND EXPENDITURES BY CLASSIFICATION 2016-172017-182017-182018-19 NON-DEC EXPENDITURES ACTUALBUDGETESTIMATE PROPOSED TMPA Energy & Demand$ 51,123,650$ 27,650,222$ 10,603,629$ (4,173,710) Renewable Energy 14,613,667 15,137,237 23,151,491 30,381,438 Market Energy 23,105,779 34,481,277 64,764,779 40,977,286 Total Purchased Power$ 88,843,096$ 77,268,736$ 98,519,899$ 67,185,014 DEC Energy Expense (Fuel)$ -$ 1,700,000$ 9,051,826$ 14,967,553 Transmission of Power 4,217,800 5,578,948 5,578,948 12,500,000 Wholesale Power$ 93,060,896$ 84,547,684$ 113,150,673$ 94,652,567 Personnel Services 15,365,743 19,188,818 19,151,317 22,058,231 Materials and Supplies 825,429 1,718,534 1,268,680 1,010,795 Maintenance and Repair 800,701 1,844,332 1,394,600 1,771,604 Insurance 50,033 621,642 719,596 705,178 Return on Investment 5,405,518 5,767,985 5,767,985 6,204,970 Franchise Fee 7,717,675 8,239,978 8,239,978 8,864,243 Miscellaneous 446,459 1,282,213 674,305 860,743 Operations 4,386,511 10,360,840 6,979,701 8,154,128 Debt Service TMPA CABS 678,500 678,500 678,500 2,760,125 TMPA Scrubber 5,400,063 5,362,563 5,362,563 4,710,969 DME Non-DEC Other Debt 23,063,328 28,358,087 28,319,306 28,760,132 DEC Debt - - - 4,452,083 Debt Service 29,141,891 34,399,150 34,360,369 40,683,309 Debt Defeasance - - - 28,620,000 Interfund Transfers 12,868,863 12,187,577 12,462,797 14,192,593 Capital Outlay - 24,000,000 24,000,000 15,916,335 Fixed Assets 48,314 745,000 - - TOTAL EXPENDITURES$ 170,118,033$ 204,903,753$ 228,170,001$ 243,694,696 MAJOR BUDGET ITEMS FY 2017-18FY 2018-19 The budget included a 1.0% rate decrease by reducing the The budget includes a 3.5% rate decrease for the ECA. It also reflected the addition of 2 net FTE's after average residential customer as a result of eliminating 3 management positions and 5 engineering suspending the Transmission Cost Recovery Factor. It positions, transferring 4 engineering GIS positions to also reflects the addition of 2 FTE's in the Denton Technology Services, and adding 5 FTE's for the Power Plant Energy Center. The 11 FTE's in Electric and 3 FTE's in the Energy Management Organization for the Communications were moved to Technology Services, Power Plant. During FY 2017-18. a budget amendment in the 3 FTE's in Electric Distribution were moved to amount of $24 Million was approved to cash fund the CIP. Materials Management, and 2 FTE's from Safety & Training were moved to Risk Management. The budget includes cash funding $15.9 Million of capital projects and retiring $28.6 Million of 2010 TMPA Scrubber debt. В ELECTRIC FUND RESOURCE & EXPENDITURE SUMMARY NO TMPA DEBT DEFEASANCE 2016-172017-182017-182018-19 RESOURCESACTUALBUDGETESTIMATE PROPOSED Non-DEC Base Rate Revenues$ 87,301,821$ 91,031,334$ 85,989,711$ 84,500,963 TCRF Revenues 4,246,376 5,578,948 5,553,660 - ECA Revenues 49,446,890 51,061,135 50,704,368 51,021,887 Non-Operating Revenues 30,883,075 25,558,367 40,354,777 43,405,771 Interest Income 757,187 450,000 565,000 400,000 NON-DEC REVENUES$ 172,635,349$ 173,679,784$ 183,167,516$ 179,328,621 DEC Revenues - - 31,010,383 36,304,634 TOTAL REVENUES$ 172,635,349$ 173,679,784$ 214,177,899$ 215,633,255 Use of Reserves - 31,223,969 13,992,102 77,660 TOTAL RESOURCES$ 172,635,349$ 204,903,753$ 228,170,001$ 215,710,915 2016-172017-182017-182018-19 EXPENDITURES BY DIVISIONACTUALBUDGETESTIMATE PROPOSED Administration $ 46,199,643$ 77,447,296$ 76,656,026$ 72,894,292 Power Supply Administration 1,278,786 2,274,433 648,269 765,104 Energy Management 3,189,623 4,751,796 3,740,608 4,691,351 Energy Services 1,133,275 2,503,113 2,115,095 2,229,199 Regulatory & Risk 933,572 1,250,025 947,280 1,083,078 Wholesale Power 93,060,897 84,547,684 113,150,673 94,652,567 Denton Energy Center - 1,679,667 1,906,135 7,998,018 Operations & Maintenance 4,332,165 5,449,242 5,365,297 6,111,205 System Operations 3,411,419 4,177,307 4,140,369 4,288,416 Distribution 2,020,750 3,196,892 3,115,733 4,269,221 Substations 1,225,656 1,935,107 1,743,917 3,910,291 General Operations Administration 499,142 1,013,643 844,342 957,300 Engineering 4,117,666 5,105,933 3,932,790 4,322,496 Meter Operations 3,520,858 3,651,095 3,493,635 3,682,657 Customer Accounts 3,274,276 3,420,547 3,997,445 3,404,312 Communications 1,297,140 1,798,231 1,671,691 - Safety & Training 623,165 701,742 700,696 451,408 TOTAL EXPENDITURES$ 170,118,033$ 204,903,753$ 228,170,001$ 215,710,915 PERSONNEL BY DIVISION2016-172017-182017-182018-19 Full Time Equivalents (FTE)ACTUALBUDGETESTIMATE PROPOSED Administration 11.00 9.00 9.00 9.00 Power Supply Administration 2.00 1.00 1.00 1.00 Energy Management 15.00 17.00 17.00 17.00 Energy Services 5.00 6.00 6.00 6.00 Regulatory & Risk 4.00 4.00 4.00 4.00 Wholesale Power - - - - Denton Energy Center 1.00 12.00 12.00 14.00 Operations & Maintenance 25.00 25.00 25.00 25.00 System Operations 22.00 22.00 22.00 22.00 Distribution 33.00 33.00 33.00 30.00 Substations 11.00 11.00 11.00 11.00 General Operations Administration 2.00 3.00 3.00 3.00 Engineering 27.00 17.00 17.00 17.00 Meter Operations 24.00 24.00 24.00 24.00 Customer Accounts - - - - Communications 11.00 11.00 11.00 - Safety & Training 4.00 4.00 4.00 2.00 TOTAL PERSONNEL 197.00 199.00 199.00 185.00 ВЍ ELECTRIC FUND EXPENDITURES BY CLASSIFICATION NO TMPA DEBT DEFEASANCE 2016-172017-182017-182018-19 NON-DEC EXPENDITURES ACTUALBUDGETESTIMATE PROPOSED TMPA Energy & Demand$ 51,123,650$ 27,650,222$ 10,603,629$ (4,173,710) Renewable Energy 14,613,667 15,137,237 23,151,491 30,381,438 Market Energy 23,105,779 34,481,277 64,764,779 40,977,286 Total Purchased Power$ 88,843,096$ 77,268,736$ 98,519,899$ 67,185,014 DEC Energy Expense (Fuel)$ -$ 1,700,000$ 9,051,826$ 14,967,553 Transmission of Power 4,217,800 5,578,948 5,578,948 12,500,000 Wholesale Power$ 93,060,896$ 84,547,684$ 113,150,673$ 94,652,567 Personnel Services 15,365,743 19,188,818 19,151,317 22,058,231 Materials and Supplies 825,429 1,718,534 1,268,680 1,010,795 Maintenance and Repair 800,701 1,844,332 1,394,600 1,771,604 Insurance 50,033 621,642 719,596 705,178 Return on Investment 5,405,518 5,767,985 5,767,985 6,204,970 Franchise Fee 7,717,675 8,239,978 8,239,978 8,864,243 Miscellaneous 446,459 1,282,213 674,305 860,743 Operations 4,386,511 10,360,840 6,979,701 8,154,128 Debt Service TMPA CABS 678,500 678,500 678,500 2,760,125 TMPA Scrubber 5,400,063 5,362,563 5,362,563 5,332,188 DME Non-DEC Other Debt 23,063,328 28,358,087 28,319,306 28,760,132 DEC Debt - - - 4,452,083 Debt Service 29,141,891 34,399,150 34,360,369 41,304,528 Interfund Transfers 12,868,863 12,187,577 12,462,797 14,192,593 Capital Outlay - 24,000,000 24,000,000 15,931,335 Fixed Assets 48,314 745,000 - - TOTAL EXPENDITURES$ 170,118,033$ 204,903,753$ 228,170,001$ 215,710,915 MAJOR BUDGET ITEMS FY 2017-18FY 2018-19 The budget included a 1.0% rate decrease by reducing the The budget includes a 3.5% rate decrease for the ECA. It also reflected the addition of 2 net FTE's after average residential customer as a result of suspending eliminating 3 management positions and 5 engineering the Transmission Cost Recovery Factor. It also reflects positions, transferring 4 engineering GIS positions to the addition of 2 FTE's in the Denton Energy Center. Technology Services, and adding 5 FTE's for the Power Plant The 11 FTE's in Electric Communications were moved and 3 FTE's in the Energy Management Organization for the to Technology Services, 3 FTE's in Electric Distribution Power Plant. During FY 2017-18. a budget amendment in the were moved to Materials Management, and 2 FTE's amount of $24 Million was approved to cash fund the CIP. from Safety & Training were moved to Risk Management. The budget includes cash funding $15.9 Million of capital projects. City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CM: Todd Hileman DATE: August 13, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding proposed updates to the GreenSense Incentive Program, the GreenSense Incentive Program Manual, and Distributed Generation Manual for FY 2018-19. BACKGROUND Denton Municipal Electric (DME) customers that choose to invest in energy efficiency and conservation upgrades to their property may be eligible to participate in the City’s GreenSense Incentive Program, which offers billing credits and cash rebates for a variety of upgrades. The current GreenSense Incentive Program includes: energy efficiency rebates for residential and multifamily customers, solar photovoltaic installation rebates, commercial standard offer incentives, commercial engineering audits, and ERCOT’s Emergency Response Service. Each year the GreenSense Incentive Program Manual is reviewed and modified to adapt to the ever- changing prices, standards, and findings associated with energy efficiency and conservation measures and practices. The proposed updates and modifications for the FY 2018-19 GreenSense Program include: General clean-up and standardization of language throughout program manual Adding a rebate for do-it-yourself (DIY) weatherization supplies Replacing the flat rebate level with graduated rebate based on size for solar photovoltaic systems In addition to all-electric vehicles, clarifying that plug-in hybrid-electric vehicles (such as the Chevrolet Volt) also qualify for the EV purchase rebate Removal of minimum demand requirement for Standard Offer Incentives Solar rebate budget is increased from $300,000 to $500,000 In order to provide as many incentives to customers that install smaller systems, staff is proposing to replace the flat solar rebate to one that is tiered based on the size of the system. In FY 2017-18, the flat solar rebate was 75¢ per AC watt up to $30,000, not to exceed 50% of the total project cost. There were 57 residential participants and one commercial participant that took advantage of the solar rebate before the budgeted $300,000 funds were depleted in December, 2017. The tiered solar rebate being proposed by staff is as follows (cap is still $30,000 and the rebate cannot exceed 50% of total project cost): 3.0 kW to 5.0 kW = 80¢ per AC watt for solar only or $1.20 per AC watt for solar with battery 5.1 kW to 10 kW = 60¢ per AC watt for solar only or 90¢ per AC watt for solar with battery Above 10.01 kW = 40¢ per AC watt for solar only or 60¢ per AC watt for solar with battery If the solar rebate had been tiered in FY18 as staff proposes, 81 residential participants and one commercial participant would have received a solar rebate without depleting budgeted funds until July, 2018. In addition to the tiered rebates, under which more customers can receive rebates, the electric utility is proposing to increase the FY19 budget from $300,000 to $500,000. A waitlist is also being proposed when/if budgeted amounts are exhausted. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: GreenSense Incentive Program Manual Exhibit 3: Distributed Generation Manual Exhibit 4: GS and DG Presentation Respectfully submitted: George Morrow General Manager - DME Prepared by: Elizabeth Ruiz Key Accounts & Energy Programs Administration GreenSense Incentive Program Manual Incentive Program Manual Њ ΋ tğŭĻ hĭƷƚĬĻƩ ЊͲ ЋЉЊБА GreenSense Incentive Program Manual Program Introduction The objective of the GreenSense Incentive Program is to reduce energy demand and consumption by promoting energy conservation, thereby reducing the utility bills of City customers, reducing the peak load of the Cityelectric system, reducing emissions in the state, and promoting energy conservation. The Program offers incentives, in the form of credits on the electric service bills of retail customers. Cash incentives may be paid to retail customers for the installation of photovoltaic applications. In light of additional costs associated with the GreenSense Incentive Program and to mitigate potential risk to ratepayers, any participant in the Program must be, at the time this program is applied for and continuing while such program is in effect, a customer in good standing of all Denton Municipal Utilities, including Solid Waste services. Unless legal review procedures have been invoked in good faith regarding the obligation, a customer in good standing for the purpose of this Rider is defined as a customer not owing any unpaid utility or solid waste debt obligation that is over forty-five (45) days past due to the City of Denton, Texas during the previous 12 months. Program applicants will be able to qualify for multiple incentives simultaneously, unless specified in the individual incentive guidelines. A separate application may be necessary for each incentive. The Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted or until cancellation of the program by the City. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. Qualifying applicants must receive electric service from the City. The Program guidelines and payments are subject to change by the City without prior notice. The City may, at any time, discontinue the Program without prior notice. The current program guidelines may be found in the GreenSense Incentive Program Manual located at www.cityofdenton.com. Application for Payment In order for energy efficient upgrades to qualify under the Program Guidelines, an Application for Payment form must be completed and submitted within thirty (30) days of installation of the energy efficient upgrades. For the overall effects of the energy efficiency upgrades to be measurable and verifiable through the deemed standards approved by the Public Utility Commission of Texas (PUCT), the complete information must be recorded for each installation. Applications for Payment, which must be accompanied by a copy of the invoice detailing work completed and efficiency measures installed as well as any technical data on the installed energy efficient upgrade, must be complete and submitted to the Conservation Program Coordinator. Payment Some energy efficiency upgrades must be permitted and shall be inspected and approved by the form of a rebate credit to the electric utility accounts of City customers that purchase the qualifying energy efficiency upgrades. After submitting a Request for Payment, customers can expect to receive the rebate credit in 4 to 10 weeks. Incomplete or erroneous information can cause delays in payment. Ћ ΋ tğŭĻ GreenSense Incentive Program Manual Table of Contents Energy Efficiency Rebates 4 Heating, Ventilation, Air Conditioning 5 Smart Thermostat 5 Attic Reflective Radiant Barrier 5 Attic Insulation 6 Air Duct 6 Solar Screens 6 Windows 7 Solar Water Heater 7 Electric Vehicle 7 Weatherization Supplies ....................................................................8 Multifamily Incentive 8 Energy Efficiency Rebate Application 9 Electric Vehicle Rebate Application 10 Solar Photovoltaic Incentive Overview 11 Standard Offer Incentive 13 Engineering Audit 16 ERCOT Emergency Response Service 21 Ќ ΋ tğŭĻ GreenSense Incentive Program Manual Energy Efficiency Rebates Installers The installer that installs the prescribed and approved energy efficient upgrades must be registered with the City at the time of the installation. To become a registered Program installer, submit a GreenSense Rebate Installer Form to the Conservation Program Coordinator. Do-It-Yourself installs by property owners qualify for energy efficiency rebates. The City does not endorse any product, service, individual or company. Selection of a registered installer/contractor to perform work is the sole decision of the program participant. Any list of registered installers/contractors represents those companies who have registered themselves with the City. There is no work guarantee or warranty, expressed or implied, as to the quality, cost or effectiveness of the work performed by the contractor, employees or subcontractors. Requirements Applicants must be property owner. All equipment must be new when purchased. No leased or lease to purchase equipment. No rebate will be paid on a partial installation. All installations must be for accounts served by . All installations must meet all applicable nati specifications. An itemized and dated invoice from the contractor or retailer along with application. All application submissions are subject to lawful verification of identification and entitlement to the Program credit by the City. A pre and/or post inspection might be required. Requests for payment must be received by Conservation Program Coordinator within thirty (30) days of installation. For more information contact: Conservation Program Coordinator (940) 349 7733 Office Number Rebates@CityofDenton.com Email Address Conservation Program Coordinator 215 E. McKinney Street Mailing Address Denton, TX 76201 Note: Individual rebates are limited to funds availability. The City may change Program guidelines, payments, and/or discontinuance without prior notice. Ѝ ΋ tğŭĻ GreenSense Incentive Program Manual Heating Ventilation Air Conditioning System (HVAC) The City is offering a rebate up to $400 for the purchase and installation of high-efficiency central air conditioners with gas heat, electric heat pumps, and geothermal heat pumps for existing residential and commercial facilities. No new construction applications will be accepted. 1.0 to 2.5 Ton Units $200 Rebate Amounts: 3.0 to 5.0 Ton Units $400 HVAC Requirements Equipment must have a minimum of 16 SEER rating Both condensing unit and evaporator coil must be replaced Installations must be made by a licensed contractor Building Inspections Department All applications must meet requirements on Page 4 of this manual Smart Thermostat The City is offering a rebate of 50 percent of invoice, not to exceed $50.00 for the installation of a smart thermostat. No new construction applications will be accepted. Smart Thermostat Requirements Thermostat must offer internet connectivity for remote management All applications must meet requirements on Page 4 of this manual Attic Reflective Radiant Barrier The City is offering a rebate 20 percent of invoice, not to exceed $300.00 per structure for the installation of 80 percent or more reflective radiant barrier in accessible attic space on existing structures. No new construction applications will be accepted. Radiant Barrier Requirements Installations must be on rafters or under decking Reflectivity and square footage must be included on invoice and application All applications must meet requirements on Page 4 of this manual Ў ΋ tğŭĻ GreenSense Incentive Program Manual Attic Insulation The City is offering a rebate of 50 percent of invoice, not to exceed $400.00 for the installation of attic insulation of at least R-49. No new construction application will be accepted. Attic Insulation Requirements Insulation must be installed between conditioned and unconditioned areas Garages and other non-conditioned areas do not qualify The current insulation level of each home must be determined and documented Square footage of installation area must be included on invoice and application. All applications must meet requirements on Page 4 of this manual Air Duct The City is offering a rebate of 30 percent of invoice, not to exceed $200.00 for the replacement or repair of an air duct systems located in unconditioned space. No new construction applications will be accepted. Air Duct Requirements Materials used should be long-lasting materials (mastics, foil tape, aerosol-based sealants) The current air loss level of each system shall be determined and documented by the installer Materials used shall be documented on invoice (i.e. insulation, mastics, aerosol, etc.) Invoice must specify whether home has slab or crawlspace and number of stories All applications must meet requirements on Page 4 of this manual Solar Screens The City is offering a rebate of 30 percent of invoice, not to exceed $200.00 per structure for the installation of solar screens on windows in conditioned space. Solar Screens Requirements Solar screens must block at least 90 percent of solar heat gain. Structures will only qualify for this rebate once per 12-month period. Reflectivity and square footage must be included on invoice and application. All applications must meet requirements on Page 4 of this manual Џ ΋ tğŭĻ GreenSense Incentive Program Manual Windows The City is offering a rebate of 30 percent of invoice, not to exceed $500.00 per structure for the installation of energy efficient windows in conditioned space. Windows Requirements Windows must have a U-Factor of 0.29 or less AND a Solar Heat Gain Coefficient (SHGC) of 0.22 or less Structures will only qualify for this rebate once per 12-month period Window sticker and square footage must be included on invoice and application All applications must meet requirements on Page 4 of this manual Solar Water Heater The City is offering a rebate of 30 percent of invoice, not to exceed $300.00 per structure for the installation of a solar water heater. Solar Water Heater Requirements Solar water heater must be sized to accommodate a family of four, at minimum Solar water heater must preheat water for an electric water heater that is permanently installed at the structure Solar water heater must have permanently installed electric backup Structures will only qualify for this rebate once per 12-month period All applications must meet requirements on Page 4 of this manual Electric Vehicle The City is offering a rebate of $300 for the purchase of a Plug-In Electric Vehicle. Electric Vehicle Requirements Hybrid vehicles do not qualify for a rebatePlug-in electric vehicles qualify, including plug- in hybrid-electric Separate application (see page 10) to be submitted with: Proof of Purchase Proof of Registration Registration address must be within service territory and served by the City А ΋ tğŭĻ GreenSense Incentive Program Manual Weatherization Supplies The City is offering a rebate of 50 percent of receipted cost, not to exceed $50.00 for supplies needed for DIY (do-it-yourself) weatherization projects. No new construction applications will be accepted. Weatherization Supplies Requirements Materials used should be long-lasting and include, but are not limited to caulk, weather stripping, spray foam, attic door insulated cover, and outlet/switch sealers. Materials used shall be documented on a receipt or invoice All applications must meet requirements on Page 4 of this manual Multifamily Incentive The City is offering rebates for the purchase and installation of energy efficient upgrades for any existing multifamily complex located on one property. No new construction applications will be accepted. Requirements Applications must be completed and approved PRIOR to installation due to limited funds availability All requirements for upgrades listed below are the same as the individual incentives detailed in pages 4 to 7 of this Manual Upgrade Incentive Cap (not to exceed) $200 per 1.0 2.5 Ton Unit Central HVAC $2,400 $400 per 3.0 5.0 Ton Unit Smart Thermostats $10.00 each $200 Attic Insulation $0.30 per square foot $1,200 Air Ducts 30% of total cost $600 Solar Screens $3.00 per square foot $800 Windows $2.00 per square foot $1,500 Б ΋ tğŭĻ GreenSense Incentive Program Manual Energy Efficiency Application В ΋ tğŭĻ GreenSense Incentive Program Manual Electric Vehicle Application Hybrid: Yes No Applicant Name: Electric Account Number: Phone Number: Email: Vehicle Registration Address: Vehicle Make, Model, & Year: Vehicle Trim Level (i.e. Nissan Leaf S, SV, or SL) Vehicle VIN: Battery can be charged at (check all that apply): Level 1 (120 volts) Level 2 (240 volts) DC Fast Charge I hereby certify that the information I provided above are true and correct to the best of my knowledge. I understand that any false information may disqualify me from receiving the Electric Vehicle Rebate. I agree to charge my electric vehicle during the off-peak hours of 10:00 PM to 7:00 AM. Date: Signature: ЊЉ ΋ tğŭĻ GreenSense Incentive Program Manual Solar Photovoltaic Incentive All City of Denton requirements for Distributed Generation, including documents for this rebate, are located in the Distributed Generation Manual at www.cityofdenton.com. Those interested in participating in the Solar Photovoltaic Incentive must own the property that has a City electric account or own the property that will have a City electric account where the photovoltaic system is to be installed. Only City electric customers in good standing will be eligible to receive the rebate. The incentive for qualifying photovoltaic (PV) systems equipment is $0.75 per AC Watt up to $30,000, not to exceed 50% of total install cost. The incentive for qualifying photovoltaic system with battery storage equipment is $1.50 per AC Watt up to $30,000, not to exceed 50% of total install cost.tiered based on the continuous alternating current (AC) watt output. The calculations used to determine the PV system Manual located at www.cityofdenton.com. All PV incentives are to be an amount up to $30,000, not to exceed 50% of total project cost. Incentive Tier is as follows: PV ONLY PV with Battery Storage 3.0 kW to 5.0 kW 80¢ per AC Watt 3.0 kW to 5.0 kW $1.20 per AC Watt 5.1 kW to 10.0 kW 60¢ per AC Watt 5.1 kW to 10.0 kW 90¢ per AC Watt Above 10.1 kW 40¢ per AC Watt Above 10.1 kW 60¢ per AC Watt The City neither expressly nor implicitly warrants any work performed by a contractor, employees, or subcontractor. The City does not endorse any product, service, individual or company. Selection of an installer/contractor to perform work is the sole decision of the program participant. The City makes no warranties whatsoever that participant will realize any energy savings as a result of any installs of the program. In no event shall the City be responsible for any direct, special, incidental, consequential, punitive, exemplary or indirect damages in tort, contract, warranty, negligence, strict liability or under any indemnity provision or otherwise related to any installs or the Solar Photovoltaic Incentive program. Customer assumes the risk of any loss or damage(s) that the customer may suffer in connection with its participation in the Solar Photovoltaic Incentive program. Customers requesting interconnection and parallel operation of Distributed Generation must complete the approved Application for Interconnection process and receive approval from the City prior to installing. ЊЊ ΋ tğŭĻ GreenSense Incentive Program Manual The City makes no financial commitment to applicants until an application is accepted and a Letter of Intent (LOI) is issued. The LOI is valid for 90 days for upgrades to be installed. Under extenuating circumstances, applicants may request extensions to their LOI. Requests for LOI extension must be submitted prior to LOI expiration, in writing, accompanied by a detailed explanation of the reason for the delay. Contractor must demonstrate that the cause of the delay is out of their control along with substantial progress toward project completion. Extensions will be granted at the sole discretion of the City. Participants forfeit their incentive reservation once the LOI has expired. Any project not completely installed by September 30, will lose its funding. Incentives are given in the form of a check to the rebate participant. Customers do not have the option to have rebate sent directly to the contractor. Incentive payment will be issued within four (4) weeks after the system passes final inspections. Individually metered structures will only qualify for the rebate once per 12 month period and may not exceed $30,000 in its lifetime. Additional PV installs are subject to the same terms as new installs with updated documentation. When budgeted funds are depleted, a waiting list or queue will be established. Any application received for which funding is not available will be processed when funds become available and are subject to program requirements. Rebate participant may be subject to refund any incentive given by the City related to the PV system if the customer fails to meet ongoing program requirements or fails to ensure that the incented equipment is properly maintained and interconnected to the electric grid or any applicable The refund amount is calculated as: \[incentive received\] x \[5 number of full years the PV system was operational\] x 0.2. Solar Photovoltaic Incentive Requirements Minimum PV install of 3 kW. Minimum battery install of 3 kW or reasonably sized to PV install No direct meter connections or double lugging. 24/7 Meter Access. Costs specifications and Interconnection Guidelines. Installed systems shall carry a 5-year warranty from the installer in addition to a minimum 10- year manufacturer warranty on inverters and 20-year manufacturer warranty of solar panels. Licensed electrical contractors shall obtain appropriate permits and perform all electrical interconnections. All inverters and solar modules must be new. Panels must face South, East, or West. Panels must be unobstructed and non-shaded. Tree removal and any tree trimming will be at se. If re- Contractor shall include any required service upgrade costs, and permit fees in the original bid. PV system shall comply with current City guidelines governing interconnection with ЊЋ ΋ tğŭĻ GreenSense Incentive Program Manual electric system and any subsequent revisions to these guidelines. Customer must give the City access to view PV system generation by adding ƭƚƌğƩθĭźƷǤƚŅķĻƓƷƚƓ͵ĭƚƒ to online profiles or emailing monthly generation data. approved Application for Interconnection process may be found in the Distributed Generation Manual located at www.cityofdenton.com. Inquiries can be submitted to solar@cityofdenton.com. Standard Offer Incentive Program Participant The City offers incentives for commercial customers that are interested in making energy efficiency upgrades to their facility to reduce their peak demand by a minimum of 50 kW. Standard Offer Incentive (SOI) participants must have an electric account served by the City. Upgrades must be pre-approved in order to qualify for the rebate. Participant must submit written permission for the City to discuss their account and energy consumption with the installer. Only City customers in good standing will be eligible to receive the rebate. DME does not endorse any product, service, individual or company. Selection of a registered installer/contractor to perform work is the sole decision of the program participant. Any list of registered installers/contractors represents those companies who have registered themselves with DME. There is no work guarantee or warranty, expressed or implied, as to the quality, cost or effectiveness of the work performed by the contractor, employees or subcontractors. Acceptable projects may include: Lighting retrofit, HVAC upgrade, Motor replacement Unacceptable projects include those that: Rely on customer behavior, Involve cogeneration and demand management including generation from renewable, Have a negative impact on the environment, Have no capital investment, Plug loads Installers Installer that installs the prescribed and approved energy efficient upgrades does not need to be registered as a DME Authorized Installer. Installer must submit the application along with estimated cost, estimated demand savings, and method of kW savings calculations. Installers must For more information contact: Program Administrator solar@cityofdenton.com Email Address Energy Programs Mailing Address 1659 Spencer Road Denton, TX 76205 also submit detailed information for each project including scope of work, specific equipment ЊЌ ΋ tğŭĻ GreenSense Incentive Program Manual being removed and installed. DME will review the application and supporting documents for acceptance. Standard Offer Incentive 50 - 100 The City is offering commercial customers $100.00 $125.00 per kilowatt (kW) reduced from peak demand, saved, less than or equal to 100 kW, over the minimum set by city, state, and federal energy efficiency standards, not to exceed 50 percent of total project cost. Customer must have a minimum peak demand of 200 kW The peak demand reduction must be a minimum of 50 kW Replaced equipment must be disposed of and cannot be put back into service The energy efficiency upgrade must be in service for at least ten (10) years Equipment must meet all codes and permitting requirements Lighting only project will not count for more than 65 percent of incentive Application Process The following must be submitted to the Program Administrator for evaluation and acceptance: Standard Offer Incentive Form Proposal showing estimated cost, estimated demand savings, and method of kW savings calculation Customer will receive confirmation that the application was received via e-mail City will review the application to determine if the project will be accepted Customer will receive a LOI if the project has been accepted Customer will be contacted to schedule an initial inspection Within 30 days of the completion of the project, the customer will contact the Program Administrator to schedule a final inspection. This inspection is strictly for the purpose of qualifying for the rebate, not to take the place of Building Inspections or internal quality control Following final inspection, demand reduction will be verified For more information contact: Program Administrator Solar@cityofdenton.com Email Address Energy Programs 1659 Spencer Road Mailing Address Denton, TX 76205 ЊЍ ΋ tğŭĻ GreenSense Incentive Program Manual Standard Offer Incentive 100 + DME is offering commercial customers $125.00 per kilowatt (kW) saved, more than 100 kW, over the minimum set by city, state, and federal energy efficiency standards, not to exceed 50 percent of total project cost. Customer must have a minimum peak demand of 200 kW The demand reduction must be a minimum of 101 kW Replaced equipment must be disposed of and cannot be put back into service The energy efficiency upgrade must be in service for at least ten (10) years Equipment must meet all codes and permitting requirements Lighting incentive will not count for more than 65 percent of total project Application Process The following must be submitted to the Energy Programs Coordinator for evaluation and acceptance: Standard Offer Incentive Form Proposal showing estimated cost, estimated demand savings, and method of kW savings calculation Customer will receive confirmation that the application was received via e-mail DME will review the application to determine if the project will be accepted Customer will receive a LOI if the project has been accepted Customer will be contacted to schedule an initial inspection Within 30 days of the completion of the project, the customer will contact the Energy Programs Coordinator to schedule a final inspection. This inspection is strictly for the purpose of qualifying for the rebate, not to take the place of Building Inspections or internal quality control Following final inspection, demand reduction will be verified For more information contact: Program Administrator (940) 349 7529 Office Number Energy Programs 1659 Spencer Road Mailing Address Denton, TX 76205 ЊЎ ΋ tğŭĻ GreenSense Incentive Program Manual Received Submitted Date Ck Req Standard Offer Incentive Form (To be completed by Customer Representative.) Received Amount By Paid CUSTOMER INFORATION Company Name Account No Contact Person Title Telephone No Email Address Site Address Description of Study: CONSULTANT INFORMATION Company Name Contact Person Title Telephone No Email address Company Address By signing below, you agree that you are duly authorized by the Customer to make decisions on its behalf and you represent to the City that you have read, understand and agree to abide by the terms, conditions, and requirements written in the SOI section of the GreenSense Incentive Program Manual. You are also granting release of historical usage information to be sent to the consultant to be used in the demand reduction analysis. ___________________________________________________________________________________________ Print Name Signature Date ЊЏ ΋ tğŭĻ GreenSense Incentive Program Manual Engineering Audit Program Participant Those interested in participating in the Engineering Audit (Audit) must have a City General Service Large (GSL) and/or General Service Time of Use (TGS) electric account where the Audit is to be performed. Only City electric customers in good standing will be eligible to receive the rebate. Each customer site is eligible for one detailed audit every three years. City neither expressly nor implicitly warrants any part of the audits. Customer understands that, while City may provide a program to encourage energy efficiency, City is not liable or responsible in any way for the performance or results of the audits or the Program. City makes no warranties whatsoever that customer will realize any energy savings as a result of the audits or the program. In no event shall City be responsible for any direct, special, incidental, consequential, punitive, exemplary or indirect damages in tort, contract, warranty, negligence, strict liability or under any indemnity provision or otherwise related to the audits or the Program. Customer assumes the risk of any loss or damage(s) that the customer may suffer in connection with its participation in the audits or the Program. Customers requesting an engineering audit must fill out an Audit application and submit it to the Program Administrator. The Program Administrator will review the application and if approved, the customer will be notified and the detailed audit shall be completed by a professional engineer within ninety (90) days of approval by City. For more information contact: Program Administrator Solar@cityofdenton.com Email Address: Energy Programs 1659 Spencer Road Mailing Address Denton, TX 76205 Auditor Audit participants are encouraged to receive several quotes before entering a contract with an engineering firm. Engineering firm must have written permission from customer in order to exchange energy information with the City. Engineers are required to submit completed audit reports and a copy of the invoice to the Program Administrator within thirty (30) days after audit is done. ЊА ΋ tğŭĻ GreenSense Incentive Program Manual Minimum Scope of Work: Once approved, the engineering audit shall include the following components: Schedule of the customer site visit Identify the current status of any customer plans for equipment purchase, vendors under consideration, vendor bids, plans for new construction/expansion, and/or other changes -time issues, construction schedules, planned plant shutdowns, etc.) Identify what the customer needs to have to get an energy efficiency measure (EEM) implemented (financial criteria, maximum budget, etc.) Energy Use Baseline: Estimate the baseline energy use for all existing major electric equipment related to facility operations (i.e. refrigeration, air compressors, lighting, motors, etc.) based on historical usage provided to you by the City EEMs Clearly and concisely describe EEMs and EEM alternatives, and describe the source of energy savings safety, end-of-life, production increase) for wanting a detailed audit done at the facility Create a sketch to fully illustrate the current system. This sketch may include distances, controls, piping and instrumentation diagram (P&ID), process flow and any other pertinent information that affects the current or future function of the system Make an assessment of the potential project costs and energy and cost savings for the EEMs Include a description of your calculation methodology and how costs were estimated Include current Power Factor (PF), proposed PF, savings, and cost estimate An executive summary will be included in the report with a summary table of measures showing the description, current kilowatt and kilowatt-hours per year (kW & kWh/yr), proposed kW & kWh/yr, kW & kWh/yr savings, cost estimate, potential DME incentive, simple payback before incentive, and simple payback after incentive ЊБ ΋ tğŭĻ GreenSense Incentive Program Manual Incentive The incentive for qualifying audits is up to 50% of the total audit cost, not to exceed $5,000 for the City participation. Applying for the Engineering Audit Program does not disqualify eligible customers from applying -house labor, overhead, direct or indirect, are not included in the cost of the audits and are not part of the reimbursement to be paid by DME. Denton Municipal Electric makes no financial commitment to applicants until an application is accepted and a Letter of Intent (LOI) is issued by DME. The LOI is valid for 90 days for a detailed audit to be performed. Under extenuating circumstances, applicants may request extensions to their LOI. Requests for LOI extension must be submitted prior to LOI expiration, in writing, accompanied by a detailed explanation of the reason for the delay. Extensions shall be granted at the sole discretion of DME. Program participants forfeit their incentive reservation once the LOI has expired. Incentives are given in the form of a check to the program participant. Customers do not have the option to have rebate sent directly to the contractor. Incentive payment will be issued within four (4) weeks after DME has reviewed final audit report. Any application for which funding is not available will be returned to the applicant. DME does not have a waiting list or queue. \[See Detailed Audit Application on following page.\] ЊВ ΋ tğŭĻ GreenSense Incentive Program Manual Received Submitted Detailed Audit Application Date Ck Req (To be completed by City Customer Representative.) Received Amount By Paid CUSTOMER INFORATION Company Name Account No Contact Person Title Telephone No Email Address Site Address Description of Study: CONSULTANT INFORMATION Company Name Contact Person Title Telephone No Email address Company Address By signing below, you agree that you are duly authorized by the Customer to make decisions on its behalf and you represent to the City that you have read, understand and agree to abide by the terms, conditions, and requirements written in the Engineering Audit section of the GreenSense Incentive Program Manual. You are also granting release of historical usage information to be sent to the consultant to be used in the energy audit analysis. ___________________________________________________________________________________________ Print Name Signature Date ЋЉ ΋ tğŭĻ GreenSense Incentive Program Manual ERCOT Emergency Response Service the electric system, during times of ERCOT system emergencies, thereby lessening the The Service offers incentives, through ERCOT, to qualified City customers that make themselves available for deployment in an electric grid emergency. Customers may shed load or start backup generators to fulfill their obligations. Those interested in participating in this program will be able to choose between a ten (10) minute (ERS-10) and thirty (30) minute (ERS-30) deployment. Customers will be able to choose from six time periods: for one or more ERS Time Periods. Time Periods are given within a four-month Contract Period: October through January, February through May, and June through September. Customers bid for specific Time Periods and ERCOT awards contacts based on price and location. This Service will be in effect each fiscal year beginning on October 1, until program cancellation by ERCOT. The ERS service will not be activated until the total anticipated reduction amount enrolled exceeds 2,000 kW. To qualify for this service, applicants must receive electric service from . Program guidelines and payments are subject to change by ERCOT without prior notice. For more information contact: (940) 349 7137 Office Number Energy Program Mailing Address 1659 Spencer Road Denton, TX 76205 ЋЊ ΋ tğŭĻ GreenSense Incentive Program Manual Program Participant This program is only for General Service Medium (GSM), General Service Large (GSL) and General Service Time of Use (TGS) customers who voluntarily enroll in the Service and have an interval data recorder or smart meter. To be considered for this service, customers must have a historic peak demand of at least 200 kW. DME retains the sole right to determine eligibility for ERS. Customers must successfully complete unannounced testing requirements that consist of an approximately thirty (30) minute curtailment. Participants must have a system in place that allows to drop committed load within eight (8) or twenty five (25) minutes. The ERS program states a customer shall be obligated for a maximum deployment time of eight (8) cumulative hours during a contract period which can be spread over two events. In addition there is a one hour test that can be called on an unannounced basis by ERCOT. While the ERS program states a customer is obligated for up to eight hours of deployment, ERCOT also reserves the right to maintain ERS response service an additional four hours if necessary. This can result in an ERS provider ultimately providing up to twelve (12) hours of total response service during a contract period. Upon completion of a deployment event, customers shall return to a condition that will allow them to meet their contracted obligations within ten (10) hours. Determination of an Event ERCOT will deploy ERS-10 only during Energy Emergency Alerts (EEA) level 2 or 3 and may deploy ERS-30 only during EEA levels 1, 2 or 3. EEA Level 1 Power Watch: < 2,300 MW of on-line reserves EEA Level 2 Power Warning: < 1,750 MW of on-line reserves EEA Level 3 Power Emergency: On-line reserves continue to decline Compensation Participants are paid the Market Clearing Price if their ERS offer is accepted by ERCOT. ERCOT pays based on the availability and performance of the committed customer. All payments are made to the EMO by ERCOT seventy (70) days after end of the Contract Period. Compensation shall be based on actual hours in each Time Period. The penalties for non-compliance may be a reduction or elimination in capacity payments and possible suspension from the Service. ERCOT communicates directly with EMO as a QSE. To participate in ERS, a customer must have a contract with City EMO, which will provide all the administration of the Service. EMO services fee will be twenty-five (25) percent of awarded Market Clearing price. Award = Clearing Price x MW Committed x Number of Hours ЋЋ ΋ tğŭĻ Distributed Generation Manual October 1, 20187 st 2nd1 Edition Introduction This City of Denton (City) Distributed Generation Manual (Manual) has been prepared for use by both City personnel and potential Distributed Generation owners to connect and operate systems less than one megawatt (MW). Any Distributed Generation of one MW and over will be addressed on a case by case basis. It is the intent of the City to allow all citizens to install Distributed Generation (DG), provided the DG facility does not adversely affect the safety of emergency personnel, the general public and those that may work on the electrical system. The safety goal also assures Denton Municipal ElectriDME) distribution does not compromise reliability and the service quality of all DME customers. It is the responsibility of the DG owner to determine any economic benefits of DG operation. The electrical requirements in this Manual apply only to citizens that have an electric account with electrical distribution system require approval by DME prior to any other City department process and approval. DG is a installed as a Stand-Alone Unit or Interconnected Unit: Stand-Alone Unit any way. Stand-alone facilities shall be installed in a manner that no Interconnected Unit system so that parallel operation (on-site generation) can occur. Examples of DG include, but are not limited to, systems that generate or store energy such as solar photovoltaic, wind, energy storage, combined heat and power, fuel cells, batteries, micro-turbines, reciprocating engines, gas and diesel generators. DG is a large investment and requires a bit of research before making a decision. The City encourages all residents interested in buying DG to talk to several installers, receive as many quotes needed to feel confident about DG, and understand what to expect before, during, and after DG is installed. Remember: this manual and City staff are available to answer questions and help clear any confusion. The City of Denton reserves the right to amend this Manual at any time. To download the latest edition, this Manual is located on the City of Denton website at: www.cityofdenton.com. Distributed Generation Manual 2 | Page ğĬƌĻ ƚŅ /ƚƓƷĻƓƷƭ INTRODUCTION..................................................................................................................................... 2 DISTRIBUTED GENERATION PROCESS FLOW CHART .............................................................................. 4 SOLAR PHOTOVOLTAIC (PV) INTERCONNECTION .................................................................................. 5 ZONING .............................................................................................................................................. 5 DENTON MUNICIPAL ELECTRIC ......................................................................................................... 5 PERMITS ............................................................................................................................................. 6 FIRE .................................................................................................................................................... 7 PENALTIES .......................................................................................................................................... 7 ELECTRIC RATE FOR RENEWABLE DISTRIBUTED GENERATION ......................................................... 8 ELECTRIC RATE FOR ALL OTHER DISTRIBUTED GENERATION ............................................................ 8 INTERCONNECTION APPLICATION PACKET ........................................................................................... 9 INTERCONNECTION REQUIREMENTS CHECKLIST .............................................................................. 9 DG INTERCONNECTION AND PERMIT APPLICATION ....................................................................... 10 SECTION 1 SOLAR DG SYSTEMS .................................................................................................... 11 AGREEMENT FOR INTERCONNECTION ............................................................................................ 12 GREENSENSE SOLAR PV INCENTIVE .................................................................................................... 20 PV INCENTIVE REQUIREMENTS UNDERSTANDING .......................................................................... 21 STAND-ALONE DISTRIBUTED GENERATION ......................................................................................... 22 ZONING ............................................................................................................................................ 22 DENTON MUNICIPAL ELECTRIC ....................................................................................................... 22 PERMITS ........................................................................................................................................... 23 FIRE .................................................................................................................................................. 23 PENALTIES ........................................................................................................................................ 24 STAND-ALONE APPLICATION PACKET ................................................................................................ 24 STAND-ALONE REQUIREMENTS CHECKLIST .................................................................................... 24 STAND-ALONE DG AND PERMIT APPLICATION ............................................................................... 26 WIND, STORAGE, GAS OR OTHER DISTRIBUTED GENERATION ............................................................. 27 ZONING ............................................................................................................................................ 27 REQUIREMENTS ............................................................................................................................... 27 Distributed Generation Manual 3 | Page Will your Distributed Generation System be Interconnected? YesNo Complete Distributed Generation Complete Stand-Alone Distributed Application and AgreementGeneration Application Submit all documentation to Submit all documentation to solar@cityofdenton.comsolar@cityofenton.com DME Engineering Department DME Engineering Department reviews and approves applicationreviews and approves application DME staff sends Permit Release City Management Approves notification to Building Inspections Agreement via email DME staff sends Permit Release Building Inspections staff uploads notification to Building Inspections documents to ProjectDox via email Building Inspections staff uploads Customer or Contractor pays permit documents to ProjectDoxfee and schedules inspection Customer or Contractor pays permit Building Inspection staff perform fee and schedules inspectioninspection Building Inspection staff perform inspection Building Inspection staff notifies DME of approval Metering Department staff performs anti-islanding and disconnect testing Distributed Generation system is ready to be used by customer Distributed Generation Manual 4 | Page Solar Photovoltaic (PV) Interconnection The City neither expressly nor implicitly warrants any work performed by a contractor, employees, or subcontractor. The City does not endorse any product, service, individual or company. Selection of an installer/contractor to perform work is the sole decision of the customer. The City makes no warranties whatsoever that participant will realize any energy savings as a result of any PV installs. In no event shall the City be responsible for any direct, special, incidental, consequential, punitive, exemplary or indirect damages in tort, contract, warranty, negligence, strict liability or under any indemnity provision or otherwise related to any installs. Customer assumes the risk of any loss or damage(s) that the customer may suffer in connection with its PV installation. The City is committed to become a SolSmart designated community. In partnership with the SolSmart team, the for PV installs, making it faster and efficient. In these efforts, we call on our residents, businesses, non-profits, and others to get involved. Inquiries related to the PV process, installs, and/or SolSmart designation can be directed to solar@cityofdenton.com. Zoning All zones within the city of Denton allow on-site PV system installs. It is the right of the property A Certificate of Appropriateness (COA) may be required for residents interested in installing PV within a Historic District which would be visible from the public Right of Way. If a COA is required, it must be approved prior to work being performed and a building permit issued. For more information on COAs, visit the Development Services Department page at www.cityofdenton.com or call (940) 349-8541. Denton Municipal Electric Customers requesting interconnection and parallel operation of PV must complete the approved Application for Interconnection packet located on page 9 of this Manual. Once DME has received and accepted all required documents, DME will upload the permit information to ETrakit, approval process. DME will conduct internal studies that may include electric grid impacts, shading over proposed install location, and easily accessible disconnect and meter. For the purpose of this section, easily accessible requirement means City personnel are capable of quickly accessing and/or testing, service, inspections, disconnects, or connects, regardless of Distributed Generation Manual 5 | Page fence location. Doors, gates, or other barriers must be unlocked, unless City personnel is furnished with convenient means to bypass the barrier for full and safe access to equipment, i.e. keys to locks and gate codes. DME will also review the necessary documents to assure all installs meet current National Electrical Safety Codes (NESC), DME Service Standards, UL 1741 Standards, and IEEE 1547 Standard. PV installs over 500 kW will be subject to pre-interconnection studies by a third party engineering firm, as needed in compliance with PUCT Substantive Rules 25.211 and 25.212 or its successor(s); which may extend approval time by four to six weeks. In instances where such studies are deemed necessary, the scope of such studies shall be based on the characteristics of the particular distributed generation facility to be interconnected and the Company's distribution system at the specific proposed location. The Customer is responsible for all costs associated with the pre-interconnection studies. Upon DME approval of the project, applicants will be sent an email indicating the start of the permit review. See below for permitting process. DME will be notified when inspection has passed and permit is final. DME personnel will schedule an appointment with the customer for final testing of anti-islanding and disconnect. If customer was approved for a PV rebate, DME will complete a check request in the amount provided in the Letter of Intent. See GreenSense Incentive Program Manual for more information on rebates at www.cityofdenton.com/residents/services/energy/lower-energy-bill. Any connection to the without execution of interconnection agreement will result in the immediate disconnect of the PV system. The PV disconnect will be locked closed until any required studies are completed, the installation has been inspected and approved by the City, and an interconnection agreement has been executed. For more information on DME requirements, the Electric Service Standards can be found at www.cityofdenton.com/CoD/media/City-of-Denton/Government/DME/Electric_Service_Standards.pdf. Permits No DG, stand-alone or interconnected, shall be installed without first obtaining a permit from Interconnection packet. No permit shall be issued without prior approval by DME. Building Inspections will contact the applicant if any additional information is needed. If application satisfies all requirements, applicant will need to schedule Electrical Rough and Electrical Final inspections after installing the PV system. Daily inspections must be scheduled before 4:00 PM for an appointment to be completed the next business day. No same day appointment schedules are available. Permit packets, City approved plans, and Contractor must be on-site for all inspections. Distributed Generation Manual 6 | Page Fee for a Residential or Commercial Alteration Permit is $130 and due to Building Inspections prior to permit finalization by City personnel. Permit payments may be made through ETrakit at www3.cityofdenton.com/eTRAKiT3/. Please note: If additional updates need to be done to the service panel of the facility, an additional, separate electrical permit will be required prior to finalizing the Alteration Permit mentioned above. Fire No commercial PV shall be installed without first obtaining approval from the C Department. The Fire Department approval is included with Building Inspections permitting process. All PV shall be installed in accordance with Sections 605.11.1 through 605.11.2 of International Fire Codes, the International Building Code, and National Fire Protection Association. Commercial PV disconnects shall be easily accessible by Fire personnel. For the purpose of this section, easily accessible shall mean that there must not be a barrier, including an unlocked fence, keeping City Fire will contact the applicant if any additional information is needed. If application satisfies all requirements, applicant will need to schedule an inspection with Fire, after PV is installed. Penalties Any PV system, stand-alone or interconnected, installed without prior approval or not installed according to approved plans provided a citation and disconnect or disassembly of PV system. Customer will be required to go through the ouble fees for work done without a permit. charged a minimum of $310 per event. Any customer that prevents access per easily accessible requirement mentioned in the Denton Municipal Electric section of this manual will be charged $46 per event. Distributed Generation Manual 7 | Page Electric Rate for Renewable Distributed Generation Any customer that owns renewable DG under fifty (50) kilowatts (kW) that has properly and qualifies under the Distributed Generation from Renewable Sources Rider (Schedule DGR) requirements will be automatically enrolled under Schedule DGR. Any customer that owns renewable DG over 50 kW may be considered for special arrangements and a contract may be necessary. Schedule DGR is applied as follows: tric grid up to the amount of energy delivered by the City energy generated as follows: Generation Credit = base electr approved system) x (RCA Rate)\] amount of energy delivered by DME to the customer, the City shall credit for the energy generated as follows: Excess Generation Credit = Rate Any generation credit shall be applied to the utility charges due for that billing period. Any customer that owns a renewable DG over 50 kW and has properly interconnected to the The customer operating the renewable distributed generation system indemnifies the City and holds the City harmless for all damages and injuries to the City, the customer, or others arising out of Customer is solely responsible for providing adequate protection for operating in parallel with the Electric Rate for All Other Distributed Generation Any customer that owns DG that is not considered to be from a renewable source will remain on provided at no charge to DME. Distributed Generation Manual 8 | Page CUSTOMER NAME _________________________________________________ CUSTOMER ADDRESS ______________________________________________ Distributed Generation Interconnection Requirements Checklist **Any missing documents and/or signatures will delay the approval process** 1. Agreement for Interconnection and Parallel Operation of Distributed Generation completed and signed by Customer 2. Distributed Generation Interconnection and Permit Application completed and signed by customer and contractor 3. Copy of the following, signed and stamped by a licensed Professional Engineer a. Site electrical and Schematic drawing i. Configuration of distributed generation equipment ii. Precise physical locations of distributed generation facility, meter, and disconnect b. One-line diagram (should show utility meter) c. Three-line diagram: should include the following i. Number of units and how units are connected ii. What kind of conductor (must be labeled) i.e.: live, neutral, ground and size iii. Size of breaker iv. Size of inverter v. Rating of sub panel vi. ** Absolutely no double lugging or side line taps ** d. Structural Certification e. Current and potential circuits 4. Manufacturer spec sheets on inverter and panels, and PV label guide 5. Photo of proposed location of disconnect in relation to meter. Photo must also indicate that meter is Easily Accessible (See definition on page 5 of DG Manual) 6. Point of interconnection defined as the point of termination on the line side of metering equipment 7. Copy enclosed of project invoice with costs shown 8. Copy enclosed of proof of insurance 9. Page 21 of DG Manual completed and signed by customer and contractor (if applicable) Permit Application Fees: Use the fee structure below to calculate approximate permitting fees. Final costs are based on application specifics. Plan Review Fee = $60 Building = $35 Distributed Generation Manual 9 | Page Electrical = $35 Daily Inspections must be scheduled by 4:00 PM the day before to be completed the next business day. Permit Packets, City Approved Plans and Contractor must be onsite for all Inspections. Distributed Generation Manual 10 | Page EXHIBIT A DISTRIBUTED GENERATION INTERCONNECTION AND PERMIT APPLICATION All property must be properly platted, zoned and all required public improvements either installed or addressed with three-way contracts before a building permit may be issued. To ensure adequate review, the proper number of plans, site plans, and complete building application submittal is required. Note that an engineer, when required by the Texas Engineering Practice Act, must seal plans. All new commercial, residential, and irrigation permits must be submitted online. eTRAKiT allows the public to request inspections, apply for permits, obtain application status and pay fees online. For instructions on how to apply, pay for and schedule inspections for a permit, please see our eTRAKIT guide. https://www3.cityofdenton.com/etrakit3/ APPLICANT INFORMATION Applicant/Property Owner: Address: Phone Number: Single Family HouseTownhouse/Duplex Commercial Property Email: Interconnection Point address: INFORMATION PREPARED AND SUBMITTED BY: Contractor/Sub-contractor Name: Signature: Date: Phone: E-mail: Fax: Address: City: State: Zip: License Number: Registered with City Electrical Contractor: Phone Number: Email: Consultant: Phone Number: Email: ALTERNATE CONTACT Alternate Contact Person: Address: Phone: City: State: ZIP Code: Relationship: DENTON UTILITES ACCOUNT INFORMATION Denton Utilities Account Number: Existing Meter Number: SIGNATURES Signature of applicant: Date: This permit becomes null and void unless a City inspection is performed within six months from the date of issuance. The granting of a permit does not presume to give authority to violate or cancel the provisions of any law or ordinances regulating construction. No inspection will be performed unless this permit is displayed on the jobsite and the City approved plans are available to the inspector on the jobsite at the time of inspection. Applicant is responsible for all work done under this permit, and must follow all applicable codes. Distributed Generation Manual 11 | Page SECTION 1 Solar Distributed Generation Systems less than one (1) megawatt (MW) SOLAR PHOTOVOLTAIC System DC Watts: System Continuous AC Watt: Number of Strings: Panels per String: Panel Manufacturer and Model: Panel Quantity: Array Orientation: Inverter Manufacturer and Model: Power Factor: CEC Efficiency: Voltage Rating: Ampere Rating: BATTERY STORAGE (IF APPLICABLE) Battery Manufacturer and Model: Continuous Power Rating: Usable Capacity: Maximum Solar Charger Efficiency: Lifetime Cycles: NORMAL OPERATION OF INTERCONNECTION (PLEASE DESCRIBE) (Examples: provide power to meet base load, demand management, standby, back-up) : WILL GENERATION DATA BE GIVEN BY: A dding solar@cityofdenton.com to online profiles Emailing generation data to solar@cityofdenton.com monthly Distributed Generation Manual 12 | Page THE STATE OF TEXAS § § COUNTY OF DENTON § AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION THIS INTERCONNECTION AGREEMENT ______ day of ________________, 20__, by the City of Denton, with its electric utility department operating an electric system, referred to for Public Utility Commission of Texas and ERCOT purposes as DENTON __________________________________________ ( ________________________________________________ \[specify the name of any entity, if any; the type of entity, if any; and the address of any entity\] hereafter sometimes referred to individually WHEREAS, DME desires to permit electric customers having electric generating facilities located power generation facilities or to produce energy for sale on the DME electric utility system or in accordance tric Rate Schedule DGR or ancillary contract; and WHEREAS, Utility System; and WHEREAS, Customer has completed and submitted the Application for Interconnection and incorporated herein as Exhibit A, and the City has conducted its pre-interconnection studies to determine whether the City can make available and Customer is qualified to enter into such an arrangement for such WHEREAS, both the City and Customer desire to enter into this Agreement, under the terms, conditions, and subject to the limitations set forth below, NOW THEREFORE, in consideration of the premises and the mutual covenants set forth herein, the City and Customer hereby AGREE as follows: 1. Scope of Agreement. City shall permit Customer to interconnect and operate an electric generating terms of this Agreement. PROVIDED HOWEVER, that this Agreement is applicable to conditions under which the City and the Customer agree that one or more generating facility or facilities operating less than AND Customer provides the City with generation data either through web link access or monthly reports. 2. Definitions. a. Distributed Generation Manual 13 | Page b. Utility System. c. designee. d. o customers. e. ties to the Electric Utility System as is more fully described in Exhibit A, attached hereto and incorporated herewith. f. 60 kilovolts, which will be interconnected and operated in parallel with the System. This shall include any and all related equipment necessary, as determined by the City, for the safe operation and interconnection of the electric generating facilities to the Electric Utility System. g. identification number assigned by the City to a Power Producing Facility. h. 3. Identification of Power Producing Facility. The Power Producing Facility referred to herein shall refer solely to the Power Producing Facility identified, located and described in this section: a. Type: __________________________ b. PPFID: __________________________ c. PPF Rating: __________________________ d. Site Address: _______________________________ _______________________________ _______________________________ 4. Establishment of Point of Interconnection. The City and Customer agree to interconnect the Agreement, in accordance with the provisions of the City of Denton, Texas Code of Ordinances; and any applicable Public Utility Commission of Texas Substantive Rules (including §25.211 relating to Interconnection of Distributed Generation and §25.212 relating to Technical Requirements for Interconnection and Parallel Operation of On-Site generation, and as described in the attached Exhibit A. 5. Interconnection. Distributed Generation Manual 14 | Page a. Energy transferred from the PPF to the Electric Utility System under this Agreement shall be deemed b. It is expressly understood and agreed by the parties hereto that the interconnection and monitoring of electric flow contemplated by this Agreement shall be accomplished by appropriate metering facilities owned and installed by the City. The PPF shall be responsible for all expenses associated with the purchase and installation of specialized metering facilities, including but not limited to dual metering arrangements and/or bi-directional meters. 6. Testing and Approval of Facility. a. The Customer shall install and maintain protective devices for Electric Utility Engineering prior to commencing parallel operations with the Electric Utility System. Further testing of the protective devices shall be conducted any time that modifications are made to the PPF. The City shall have the right to have representatives present at any testing of the e (5) days prior to b. The PPF shall not commence parallel operations with the City until written approval of the Such approval shall not be unreasonably withheld, provided that Customer has complied with all City requirements. 7. Access and Premises. to read or test meters; or (c) to disconnect, without notice whenever and such immediate action is necessary in order to protect persons, City facilities, or property of others from damage or interference caused by the PPF, or lack of properly operating PPF protective devices. 8. Maintenance and Permits. The Customer shall: (a) maintain the PPF in a safe and prudent manner, and in conformance with all applicable laws and regulations, including, but not limited to, those set forth in Exhibit A to this Agreement and the PUC Distributed Generation Interconnection Manual; and (b) obtain any governmental authorizations and permits as required for the construction and operation of the PPF and interconnection facilities. The PPF shall reimburse the City for any and all losses, damages, claims, authorizations and permits required for the construction and operation of the PPF. 9. Representations of Customer. Customer further agrees and represents to the City that the distributed generation equipment of Customer shall be designed, installed, connected, operated and standards now in force; the applicable UL standards that are in force at the time of the execution of this Agreement; the applicable IEEE standards \[particularly IEEE 929-2000 and IEEE 1547-2003\] that are in standards in force at the time of the execution of this Agreement; the applicable ERCOT Operating Guides in force at the time of the execution of this Agreement; as well as any other applicable local, state, or federal codes, statutes, and regulations in force at the time of the execution of this Agreement . 10. Responsibilities of Customer. The Customer will, at its own cost and expense, operate, maintain, repair, inspect, and shall be fully responsible for the PPF which it now or hereafter may own unless otherwise Distributed Generation Manual 15 | Page specified on Exhibit A. Customer shall conduct operations of its PPF(s) in compliance with all applicable local, state, or federal codes, statutes, and regulations. The maintenance of the PPF shall be performed in to cause their PPF to be constructed in accordance with specifications equal to or greater than those provided nstruction. The Customer covenants and agrees to design, install, maintain, and operate, or cause the design, installation, maintenance, and operation of the PPF so as to reasonably minimize the likelihood of a disturbance affecting or impairing the Electric Utility System, or other systems with which the Customer is interconnected. The City will notify Customer if there is evidence that the PPF operation causes disruption or deterioration of service to other customers served from the same grid, or if the PPF operation causes damage to the Electric Utility System. Customer will immediately notify the City of any emergency or hazardous condition or occurrence with the PPF that could affect safe operation of the Electric Utility System. 11. Interruption or Reduction of Deliveries. a. The The City shall not be obligated to accept or pay for produced energy from a generating unit larger than fifty (50) kilowatts (kW) unless a separate agreement has been entered into between the Customer and the City. The City may require the Customer to interrupt or reduce deliveries of available energy in the following instances: (1) When the General Manager determines that it is necessary in order to construct, or install, or maintain, or repair equipment or any part of its Electric Utility System; (2) If the General Manager determines that curtailment, interruption, or reduction is necessary because of emergencies, or forced outages, or force majeure, or compliance with prudent electrical practices; (3) Notwithstanding any provision of this Agreement, the City shall have the right to disconnect the PPF from the Electric Utility System if it determines that either: (a) the PPF or its operation may endanger City personnel, or (b) the continued operation of the PPF may endanger the integrity of the Electric Utility System. The PPF shall remain disconnected until such time as the City is satisfied that the objectionable conditions have been corrected or no longer exists; or (4) The City discovers or learns of PPF manufacturer defects or deficiencies that may have adverse operational impacts on the Electric Utility System. Customer and the City clearly understand and agree that the City will not accept nor assume any liability for interrupting the interconnection between the PPF and the Electric Utility System. The City is authorized to, disc any other action that physically separates the PPF from the Electric Utility System. The City will attempt to provide sufficient Customer notice prior to interconnection disconnection, but Customer notice is not necessary for immediate PPF isolation should a condition warrant immediate interconnection disconnection as determined by the City. 12. Limitation of Liability and Indemnification. Distributed Generation Manual 16 | Page a. Neither the City nor Customer shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, a curtailment, order, or regulation or restriction imposed by governmental, military, or lawfully established civilian authorities, or by the making of necessary repairs upon the property or equipment of either party. b. Notwithstanding the other provisions of this Agreement, Customer agrees to indemnify, defend, and hold harmless the City of Denton, as well as all of their present, future and former elected officials, agents, employees, officials and representatives in their official, individual and representative capacities from and against any and all claims, demands, causes of action, judgments, liens and ther common law or statutory, and whether actual, punitive, consequential or incidental) of any conceivable character, due to or arising from injuries to persons (including death), or to property (both real, personal and mixed) created by, arising from, or in any manner relating to the PPF, including (a) engineering, design, construction, maintenance, repair, operation, supervision, inspection, testing, protection or ownership of; or (b) the making of replacements, additions, betterments to, or reconstructi through strict liability and those arising under the constitutions of the United States and of the State of Texas. c. The City and Customer shall each be directly responsible for the safe installation, maintenance, repair and condition of their respective lines and appurtenances on their respective sides of the point or other equipment and will not be responsible therefore. Customer assumes all responsibility for the electric service Customer supplies hereunder and the facilities used in connection therewith at or beyond the point of delivery, the point of delivery being the point where the electric energy first leaves the wire or facilities provided and owned by the City and enters the wire or facilities provided by Customer. d. authorization, are the conne entrance conductors to be energized. e. The provisions of this Section 12 shall not be construed to relieve any insurer of its obligation to pay any insurance claim in accordance with the provisions of any valid insurance policy. f. If the Customer fails to comply with the insurance provisions of this Agreement, the Customer shall, at its own cost, defend, save harmless and indemnify the City of Denton, its elected officials, officers, employees, agents, assignees, and successors in interest from and against any and all loss, fees and other costs of litigation) resulting from the death or injury to any person, or damage to property, including the personnel and property of the City of Denton, to the extent the City of Denton would have been protected had the Customer complied with all such insurance provisions required hereunder. The inclusion of this section is not intended to create any express or implied right in the Customer to elect not to provide the required insurance in Section 13 hereof. The provisions of this subsection shall survive the termination of this Agreement. g. If the Customer applied and received an incentive from the City, Customer shall comply with all guidelines acknowledged in the GreenSense Incentive Program Manual. If the Customer fails to Distributed Generation Manual 17 | Page meet any ongoing Program requirements stated in the GreenSense Incentive Program Manual, Customer shall repay to the City the incentive related the system. The refund amount is calculated as: \[incentive received\] x \[5 number of full years the system was operational\] x 0.2. 13. Insurance Required. Customer represents that, at the time of the execution of this Agreement, Customer has currently in force and effect property insurance on the premises described in Section 3 hereof, in the amount of the current value of the premises, and comprehensive personal liability insurance covering the premises in a minimal amount of not less than $100,000 per occurrence. Customer further represents that Customer shall maintain such insurance in force for the duration of this Agreement. Customer agrees to provide a copy of the insurance policy or a valid certificate issued by the insurer (in a form satisfactory to continuing coverage upon reasonable request given to Customer. The insurance herein provided in Section 13 shall, by endorsement to the policy or policies, provide for thirty (30) days written notice to the City prior to cancellation, termination, alteration, or material change of such policy or policies of insurance. 14. Right of Access, Equipment Installation, Removal & Inspection. Upon reasonable notice, the City may send qualified representatives to the premises of the Customer at or immediately before the time the PPF first produces energy to inspect the interconnection, and t (including any testing), startup, and operation for a period of up to no more than three (3) days after initial startup of the unit. Following the initial inspection process described above, the City may send an employee to the premises, at reasonable hours, or at any time without notice, in the event of an emergency or hazardous condition, purpose in connection with the performance of the obligations imposed on it by this Agreement or if necessary to meet its legal obligation to provide service to its other customers. 15. Disconnection of Unit or Termination of Agreement. The City or Customer may terminate this Agreement, at will and without cause, by giving written notice of termination to the other party not less than thirty (30) days prior to the date of termination. PROVIDED HOWEVER, this Agreement shall automatically terminate upon (1) the disconnection of electric utility service to the premises due to the delinquency of payment of Customer (that is the same rules regarding late payment and disconnection that ) a change in the ownership of the premises by Customer; or (4) the failure to maintain the insurance coverage required under Section 13 above; or (5) the failure to comply with all terms of this Agreement.. All PPF equipment shall be completely disconnected and isolated from the Electric Utility System upon termination of this disconnected. The City reserves the right to disconnect the PPF equipment itself or hire a local qualified electrician to perform such work at the sole expense of the Customer, if Customer fails to properly perform such work within seven (7) days of the date of the Agreement termination. 16. Notices. Notices given under this Agreement are deemed to have been duly delivered if hand delivered or sent by United States certified mail, return receipt requested, postage prepaid, to: (a) If to the City: With a copy to: General Manager City Attorne Denton Municipal Electric City of Denton 1659 Spencer Road 215 E. McKinney Street Denton, Texas 76205 Denton, Texas 76201 (b) If to Customer: Distributed Generation Manual 18 | Page As provided in Exhibit A The above-listed names, titles, and addresses of either Party may be changed by written notification to the other Party. 17. Entirety of Agreement and Prior Agreements Superseded. This Agreement, including Exhibit A, which is expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of the facilities of the Parties at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. 18. Governing Law and Regulatory Authority. This Agreement was executed in the State of Texas and must in all respects be governed by, interpreted, construed, and shall be exclusively enforced in accordance with the laws thereof. The provisions and obligations of this Agreement are performable in the City of Denton, Denton County, Texas. Venue shall lie for any lawsuit dealing with this Agreement in the courts of Denton County, Texas. 19. . Should either Party to this Agreement commence legal proceedings against the other to enforce the terms and provisions of this Agreement, the Party who does not substantially prevail in to expert witness fees and deposition expenses) incurred by the prevailing Party. 20. Severability. If any term or provision of this Agreement is held by a court to be illegal, invalid, or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid or unenforceable term or provision there shall be added automatically to this Agreement a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid, or unenforceable. 21. Amendment. This Agreement may be amended only upon mutual agreement of both of the Parties hereto, which amendment will not be effective until it is reduced to writing and executed by the Parties. 22. Invoicing and Payment. Invoicing and payment terms for services associated with this Agreement shall be based upon and consistent with the applicable Ordinances of the City of Denton, Texas. 23. Assignability. Customer and the City agree that this Agreement may not be assigned due to the special nature of the Agreement. Any sale or disposition of the real property and the PPF covered hereby in whole or in part, by Customer will require that the PPF be disconnected from the Electric Utility System until DME has communicated with the new owner about relevant safety issues and until such time as the new owner signs a new Interconnection Agreement with the City. 24. No Waiver. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of any term of this Agreement shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or of a different type of breach or violation. Distributed Generation Manual 19 | Page 25. Entire Agreement. It is understood and agreed that this Agreement contains the entire Agreement between the Parties and supersedes any and all prior agreements, arrangements or understandings between the parties relating to the subject matter. This Agreement cannot be changed or terminated orally and no written modification of this Agreement shall be effective unless executed and signed by both Parties. 26. No Third-Party Beneficiaries. This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein undertaken and assumed are solely for the use and benefit of the Parties, their successors-in-interest and, where permitted, their assigns. 27. Paragraph Headings and Construction of Agreement. The descriptive headings of the various articles and sections of this Agreement have been inserted for the convenience of reference only, and are to be afforded no significance in the interpretation or construction of this Agreement. Both Parties hereto have participated in the negotiation and preparation of this Agreement, which shall not be construed either more or less strongly against or for either Party. 28. Gender. Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and construed to include the plural, unless the context otherwise requires. 29. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for all purposes, wherever reference is made to the same. 30. Binding Effect. Except as limited herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, devisees, personal and legal representatives, successors, or assigns. 31. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, but all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly-authorized representatives on this the ______ day of ___________________, 20__. CITY OF DENTON, a Texas home-rule municipal corporation \[CUSTOMER\] By: _____________________________ By: ___________________________________ Title: ___________________________ Title: __________________________________ Date: ___________________________ Date: __________________________________ Distributed Generation Manual 20 | Page GreenSense Solar Photovoltaic (PV) Incentive The incentive for qualifying interconnected PV system is as follows: PV ONLY PV with Battery Storage 3.0 kW to 5.0 kW 80¢ per AC Watt 3.0 kW to 5.0 kW $1.20 per AC Watt 5.1 kW to 10.0 kW 60¢ per AC Watt 5.1 kW to 10.0 kW 90¢ per AC Watt Above 10.1 kW 40¢ per AC Watt Above 10.1 kW 60¢ per AC Watt All incentives are to be an amount up to $30,000, not to exceed 50% of total project cost. AC Watt will be calculated as follows: If DC input is equal to or greater than the micro-inverter continuous rated AC output = (Number of inverters) x (Continuous rated AC output) If DC input is equal to or greater than the string inverter continuous rated AC output = (Nominal AC output) If DC input is less than the inverter continuous rated AC output = (Standard Test Condition rating of total system panels) x (California Energy Commission rated inverter efficiency) The City makes no financial commitment to applicants until an application is accepted and a Letter of Intent (LOI) is issued. The LOI is valid for 90 days for a PV system to be installed. Under extenuating circumstances, applicants may request extensions to their LOI. Requests for LOI extension must be submitted prior to LOI expiration, in writing, accompanied by a detailed explanation of the reason for the delay. Contractor must demonstrate that the cause of the delay is out of their control along with substantial progress toward project completion. Extensions will be granted at the sole discretion of the City. Participants forfeit their incentive reservation once the LOI has expired. Any project not completely installed by September 30, will lose its funding. Incentives are given in the form of a check to the rebate participant. Customers do not have the option to have rebate sent directly to the contractor. Incentive payment will be issued within four (4) weeks after the system passes final inspections. Individually metered structures will only qualify for the rebate once per 12 month period and may not exceed $30,000 in its lifetime. Additional PV installs are subject to the same terms as new installs with updated documentation. Any application for which funding is not available will be returned to the applicant. The City does not have a waiting list or queue. Rebate participant may be subject to refund any incentive given by the City related to the PV system if the customer fails to meet ongoing program requirements or fails to ensure that the incented equipment is properly maintained and interconnected to the electric grid or any applicable national, local, manufacturer and Service Standards violations are discovered. Distributed Generation Manual 21 | Page The refund amount is calculated as: \[incentive received\] x \[5 number of full years the PV system was operational\] x 0.2. PV Rebate Requirements Minimum PV install of 3 kW. Minimum battery install of 3 kW or reasonably sized to PV install No direct meter connections or double lugging. 24/7 Meter Access. Costs related to giving the City specifications and Interconnection Guidelines. Installed PV systems shall carry a 5-year warranty from the installer in addition to a minimum 10-year manufacturer warranty on inverters and 20-year manufacturer warranty of solar panels. Licensed electrical contractors shall obtain appropriate permits and perform all electrical interconnections. All inverters and solar modules must be new. Panels must face South, East, or West. Panels must be unobstructed and non-shaded. Tree removal and any tree trimming will be at If re-roofing i Contractor shall include any required service upgrade costs, and permit fees in the original bid. PV system shall be interconnected to se. PV system shall comply with current City guidelines governing interconnection with electric system and any subsequent revisions to these guidelines. Customer must give the City access to view PV system generation by adding solar@cityofdenton.com to online profiles or emailing monthly generation data. I, _______________________________, property owner of ____________________________, Denton, TX 762___ hereby attest that I have read and understand the information provided in Interconnection Application and all attachments included. I have been given ample time to review and consider all documents in this packet. I have chosen to execute this on the date below. ______________________________________________________________________________ (Signature) (Date) ** This page is to be submitted with the Interconnection and Parallel Operation of Distributed Generation Agreement and Application. ** Distributed Generation Manual 22 | Page Stand-Alone Distributed Generation A Stand-Alone Distributed Generation facility is considered to be DG that is not connected to the -alone facilities shall be installed in a manner that no The City neither expressly nor implicitly warrants any work performed by a contractor, employees, or subcontractor. The City does not endorse any product, service, individual or company. Selection of an installer/contractor to perform work is the sole decision of the customer. The City makes no warranties whatsoever that participant will realize any energy savings as a result of any DG installs. In no event shall the City be responsible for any direct, special, incidental, consequential, punitive, exemplary or indirect damages in tort, contract, warranty, negligence, strict liability or under any indemnity provision or otherwise related to any installs. Customer assumes the risk of any loss or damage(s) that the customer may suffer in connection with its DG installation. Inquiries related to the DG process or installs can be directed to solar@cityofdenton.com. Zoning Most zones within the city of Denton allow on-site DG installation without restrictions or requiring a Specific Use Permit (SUP). For a full list of zoning districts and limitations, see Subchapter 5 in the City of Denton Development Code at https://www.cityofdenton.com/business/development- review/code-criteria-manual. Solar: All zones within the city of Denton allow on-site photovoltaic (PV) system installs. Wind: Wind Energy Conversion Systems (WECS) installs either have restrictions or require a Specific Use Permit (SUP). Storage: All zones within the city of Denton allow on-site battery storage system installs. Gas/Diesel: All zones within the city of Denton allow on-site gas and diesel generation installs. A Certificate of Appropriateness (COA) may be required for residents interested in installing DG within a Historic District which would be visible from the public Right of Way. If a COA is required, it must be approved prior to work being performed and a building permit issued. For more information on COAs, visit the Development Services Department page at www.cityofdenton.com or call (940) 349-8541. Denton Municipal Electric Customers interested in Stand- Once DME has received and accepted all required documents, DME will upload the permit Distributed Generation Manual 23 | Page process. DME will review the necessary documents to assure all installs meet current National Electrical Safety Codes (NESC) and DME Service Standards. Upon DME approval of the project, applicants will be sent an email indicating the start of the permit review. See below for permitting process. Any connection to the tric grid without execution of interconnection agreement will result in the immediate disconnect of the DG system. The DG disconnect will be locked closed until any required studies are completed, the installation has been inspected and approved by the City, and an interconnection agreement has been executed. For more information on DME requirements, the Electric Service Standards can be found at www.cityofdenton.com/CoD/media/City-of-Denton/Government/DME/Electric_Service_Standards.pdf. Permits No DG shall be installed without first obtaining a permit from Building Inspections. The permit t shall be issued without prior approval by DME. Building Inspections will contact the applicant if any additional information is needed. If application satisfies all requirements, applicant will need to schedule Electrical Rough and Electrical Final inspections after installing the DG system. Daily inspections must be scheduled before 4:00 PM for an appointment to be completed the next business day. No same day appointment schedules are available. Permit packets, City approved plans, and Contractor must be on-site for all inspections. Fee for a Residential or Commercial Alteration Permit is $130 and due to Building Inspections prior to permit finalization by City personnel. Permit payments may be made through ETrakit at www3.cityofdenton.com/eTRAKiT3/. Fire Department. The Fire Department approval is included with Building Inspections permitting process. All DG shall be installed in accordance with appropriate standards of International Fire Codes, the International Building Code, and National Fire Protection Association. Commercial DG disconnects shall be easily accessible by Fire personnel. For the purpose of this section, easily accessible shall mean that there must not be a barrier, including an unlocked fence, Fire will contact the applicant if any additional information is needed. If application satisfies all requirements, applicant will need to schedule an inspection with Fire, after PV is installed. Distributed Generation Manual 24 | Page Penalties Any DG system installed without prior approval or not installed according to approved plans ss will be subject to a citation and disconnect or and pay double fees for work done without a permit. Any person that tampers with, damages or illegally charged a minimum of $310 per event. Stand-Alone Distributed Generation Requirements Checklist **Any missing documents and/or signatures will delay the approval process** 1. Stand-Alone Distributed Generation and Permit Application completed and signed by customer and contractor 2. Copy of the following: a. Site electrical b. One-line diagram 3. Manufacturer spec sheets on: a. Inverter b. Automatic Transfer Switch c. Distributed generation equipment 4. Copy enclosed of project invoice with costs shown Permit Application Fees: Use the fee structure below to calculate approximate permitting fees. Final costs are based on application specifics. Plan Review Fee = $60 Building = $35 Electrical = $35 Daily Inspections must be scheduled by 4:00 PM the day before to be completed the next business day. Permit Packets, City Approved Plans and Contractor must be onsite for all Inspections. Distributed Generation Manual 25 | Page STAND-ALONE DISTRIBUTED GENERATION AND PERMIT APPLICATION All property must be properly platted, zoned and all required public improvements either installed or addressed with three-way contracts before a building permit may be issued. To ensure adequate review, the proper number of plans, site plans, and complete building application submittal is required. Note that an engineer, when required by the Texas Engineering Practice Act, must seal plans. All new commercial, residential, and irrigation permits must be submitted online. eTRAKiT allows the public to request inspections, apply for permits, obtain application status and pay fees online. For instructions on how to apply, pay for and schedule inspections for a permit, please see our eTRAKIT guide. https://www3.cityofdenton.com/etrakit3/ APPLICANT INFORMATION Applicant/Property Owner: Address: Phone Number: Single Family HouseTownhouse/Duplex Commercial Property Email: Interconnection Point address: INFORMATION PREPARED AND SUBMITTED BY: Contractor/Sub-contractor Name: Signature: Date: Phone: E-mail: Fax: Address: City: State: Zip: License Number: Registered with City Electrical Contractor: Phone Number: Email: Consultant: Phone Number: Email: ALTERNATE CONTACT Alternate Contact Person: Address: Phone: City: State: ZIP Code: Relationship: DENTON UTILITES ACCOUNT INFORMATION Denton Utilities Account Number: Existing Meter Number: SIGNATURES Signature of applicant: Date: This permit becomes null and void unless a City inspection is performed within six months from the date of issuance. The granting of a permit does not presume to give authority to violate or cancel the provisions of any law or ordinances regulating construction. No inspection will be performed unless this permit is displayed on the jobsite and the City approved plans are available to the inspector on the jobsite at the time of inspection. Applicant is responsible for all work done under this permit, and must follow all applicable codes. Distributed Generation Manual 26 | Page SECTION 1 Stand-Alone Distributed Generation Systems GENERATION SOURCE Manufacturer and Model: Quantity: Fuel Source Type: DGSystem Watt DC: DG System Watt AC: Inverter Manufacturer and Model: Quantity: Number of Phases: Power Factor: CEC Efficiency: Voltage Rating: Ampere Rating: BATTERY STORAGE (IF APPLICABLE) Battery Manufacturer and Model: Continuous Power Rating: Usable Capacity: Maximum Solar Charger Efficiency: Lifetime Cycles: REASON FOR INSTALLING GENERATION (Examples: provide power to standby, back-up, etc.) Distributed Generation Manual 27 | Page Wind, Storage, Gas or Other Distributed Generation (DG) Interconnection DG is a large investment and requires a bit of research before making a decision. The City encourages all customers interested in buying DG to talk to several installers, receive as many quotes needed to feel confident about DG, and understand what to expect before, during, and after DG is installed. The City neither expressly nor implicitly warrants any work performed by a contractor, employees, or subcontractor. The City does not endorse any product, service, individual or company. Selection of an installer/contractor to perform work is the sole decision of the customer. The City makes no warranties whatsoever that participant will realize any energy savings as a result of any DG installs. In no event shall the City be responsible for any direct, special, incidental, consequential, punitive, exemplary or indirect damages in tort, contract, warranty, negligence, strict liability or under any indemnity provision or otherwise related to any installs. Customer assumes the risk of any loss or damage(s) that the customer may suffer in connection with its DG installation. Inquiries related to the DG process or installs can be directed to solar@cityofdenton.com. Zoning Most zones within the city of Denton allow on-site DG installation without restrictions or requiring a Specific Use Permit (SUP). For a full list of zoning districts and limitations, see Subchapter 5 in the City of Denton Development Code at https://www.cityofdenton.com/business/development- review/code-criteria-manual. Wind: Wind Energy Conversion Systems (WECS) installs either have restrictions or require a Specific Use Permit (SUP). Storage: All zones within the city of Denton allow on-site battery storage system installs. Gas/Diesel: All zones within the city of Denton allow on-site gas and diesel generation installs. A Certificate of Appropriateness (COA) may be required for residents interested in installing PV within a Historic District which would be visible from the public Right of Way. If a COA is required, it must be approved prior to work being performed and a building permit issued. For more information on COAs, visit the Development Services Department page at www.cityofdenton.com or call (940) 349-8541. Requirements All wind and other DG interconnections are subject to the same approval procedures stated under the Solar PV Interconnection section in this manual. Distributed Generation Manual 28 | Page City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1352,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding homelessness initiatives and the proposed Denton Basic Services Center project made at the August 7, 2018 City Council meeting during Presentations from Members of the Public. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs/IGR Community Development CM/ DCM/ ACM: Bryan Langley DATE: August 21, 2018 SUBJECT Receive a report, hold a discussion, and give staff feedback and direction regarding homelessness initiatives and the proposed Denton Basic Services Center project made at the August 7, 2018 City Council meeting during Presentations from Members of the Public. BACKGROUND City staff and representatives from the Denton County Homeless Leadership Team (DCHLT) have presented semi-annual progress updates to City Council on homelessness initiatives with the last presentations on July 17, 2018; February 13, 2018; and July 25, 2017. Staff is working on a number of homelessness related initiatives both internally and with the DCHLT members. On July 17, staff received City Council direction to 1) update the current Memorandum of Understanding with United Way of Denton County to add a Housing Navigator position with funding of $27,748 for FY18/19 and to 2) develop a scope of work to restart the Employ-2-Empower program. Staff has also informed Council recently that a Shelter Planning Workgroup has been formed with the DCHLT. The proposed plan and timeline for this group is accelerated (with 30-day, 60-day, and 90-day goals) and will require dedicated staff time to coordinate the workgroup, assist the agencies with data collection, compile and analyze data, review operating procedures of the agencies to compare with best practices and standards of excellence, prepare reports, develop costs and options, and develop next steps and plans. This work is important to understand the current environment, understand agency plans for shelter and transitional housing, identify gaps and best practices, and develop options that best meet the needs. Staff will keep the Council updated on the work of this group. DISCUSSION Proposed Project Denton Basic Services Center On Aug. 7, a resident group presented a project proposal (attached as Exhibit 3) to City Council for a tent encampment/transitional housing project on City property located 1125 N Ruddell St (green box below with plans to possibly expand to the blue box after a pilot project period). This presentation was made during the section of the agenda with no discussion or direction from City Council as a body. Staff would like to provide a preliminary assessment of what would be required and receive direction from City Council if staff should proceed as this will likely be a substantial staff effort and could delay many other priorities and projects. Staff will proceed as directed by City Council. Staff would need to perform research on similar concepts around the nation to understand their experience. There are also many differences between the models (tent encampment vs tiny home village) and the importance to understand those factors, especially if the site is proposed to be on City property and with City funding and resources. The following is an example for context only of some of the areas that would need to be clarified, researched, and analyzed. This is only preliminary as staff has not consulted with all the departments and specialists to provide a comprehensive overview and analysis. Planning, Zoning, & Land Use (Community Development, Development Services, Legal) This would be one of the largest areas for staff and legal analysis. There currently is no allowable land use or zoning category under the Denton Development Code for the proposed development. Therefore, a text amendment would be required to the Denton Development Code requiring staff research and analysis, development of proposed land use regulations, appropriate notices and public hearings, and consideration by Planning & Zoning and City Council. This process can take several months to complete. Staff is currently in the process of working on a comprehensive update to the Denton Development Code (DDC). As part of this process, staff is proposing the concept of Planned Developments (PD) and Cluster Developments, where smaller dwelling sizes could be proposed, for review and consideration by P&Z and City Council as part of the DDC update. Planned Developments would need to be compatible with nearby land use and be evaluated on a number of criteria, including adequate facilities for the proposed use. Work on the DDC update will be continuing over the next few months. If the property at 1125 Ruddell is desired, a plat would be required to separate the parcel and create a lot of record. Site Development and Utility Infrastructure (Community Development, Development Services, DRC Engineering, Multiple Departments) If zoning and land use can be established, a site plan with engineering and architectural drawings would need to be submitted by the applicant to the City for review. The site plan would need to meet the DDC site plan criteria and address factors such as density, dwelling size, setbacks, distance between structures, utility infrastructure (waste, wastewater, electric infrastructure), fire access, topography, stormwater and drainage, street/curbs/sidewalks, lighting, landscaping, tree preservation, screening, etc. The site plan would to ensure it complies with development codes and standards and allow for a detailed site review. Building and Fire Codes (Community Development, Building Inspections, Health Inspections, Fire Department) Staff would need to examine what are the international building codes, fire codes, and all other applicable code requirements to ensure the health and safety of individuals on the site as well as surrounding properties. What are the proposed materials and construction sets? How is fire prevention and suppression addressed? How would Texas and ADA accessibility statutes be met for access to the site and required number of accessible dwellings? Health & Sanitation (Community Development, Development Services, Health Inspections, Solid Waste, Community Improvement Services) Staff would need to evaluate what are the applicable health codes. How would food be cooked and stored to avoid contamination and comply with commercial health codes for communal cooking? How would garbage be secured, serviced, and the associated costs? Are the dwellings air conditioned and heated? How would pet waste be limited to an area and properly disposed of? Safety and Security (Community Development, Police Department, Fire Department) Discussion and review with public safety departments. At what point would private security be recommended - from the beginning due to number of individuals and density, a threshold with a number of calls, or severity of an incident. Discussion if an enforcement authorization would be permitted to the Police Department. Further discussion of what is allowed in the village and proposed rules and enforcement. At what threshold do individuals not pass the background and are denied entry? Are weapons allowed? Are guests allowed? Liability and Risk (Community Development, Risk Management, Legal) This area would require significant research to articulate to City Council what are the potential risks and liability. Depending upon the extent of the ci function with unlimited liability? What risks or liability can be mitigated and what cannot? What insurance level requirements are recommended? Are there any court rulings or litigation the city should be aware of? rights? Neighborhood and Community Support (Community Development, Development Services) Discussion and feedback from the surrounding property owners, neighborhood, and school representatives in the immediate area. How would staff facilitate these conversations? How would this feedback be provided and how would Council evaluate and weigh? Case Management and HMIS (Community Development, UWDC) How would case management be provided to each resident to address their housing-related barriers such as employment, health needs, mental health needs, substance abuse, etc? How would individuals be transported and access other social service centers in the community? Would the village participate Homeless Information Management System (HMIS)? service providers. Goals and Outcomes (Community Development, UWDC) What is the goal of the village? For transitional housing or permanent supportive housing? How does that line up with the need based For other models around the nation, what is the average length of stay? What are program performance targets? Potential Impact to Funding The city receives funding from HUD, such as the Emergency Solutions Grant, to help individuals experiencing homelessness. Staff would need to verify with HUD without bathrooms or electricity may not be considered sheltered by HUD. If not, this could risk or impact future ESG or other HUD-related funding . Cost and Requested Assistance As the proposed project has requested City assistance, staff would need to clarify what exactly is being requested from the City. Staff would need to perform a cost analysis for the proposed project/site to understand one-time costs and all ongoing costs (direct, indirect, and staff required). City Plans for Property The larger parcel to the east of Ruddell Street, that the group mentioned as possibly expanding to, is planned to be used for the Ruddell Street realignment project. See below photo. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 17, 2018, the United Way of Denton County (UWDC) and City staff presented an update and progress report to City Council on homelessness initiatives from the Denton County Homeless Leadership team, the City, and community partners. On February 13, 2018, UWDC presented an update and progress report to City Council on homelessness initiatives from the Denton County Homeless Leadership Team, and City staff presented research on tent encampments. On July 25, 2017, UWDC presented an update and progress report to City Council on homelessness initiatives from the Denton County Homeless Leadership Team. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.5 Provide support to citizens in need through social service agencies and programs EXHIBITS 1. Agenda Information Sheet 2. Presentation 3. Denton Basic Services Center Proposal Respectfully submitted: Sarah Kuechler Director of Public Affairs Dani Shaw Human Services Coordinator City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1343,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics’ rules of procedure. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Bryan Langley DATE: August 21, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Board of Ethics rules of procedure. BACKGROUND On November 14, 2017, the City Council directed staff to hire attorney Alan Bojorquez to assist in the creation of an ethics ordinance. This process of drafting an ethics ordinance was completed over a series of eight (8) public work sessions, four (4) public hearings, and a total of over twenty (20) hours of deliberations. The Ethics Ordinance No. 18-757 was adopted by City Council on May 1, 2018 and became effective on May 15, 2018. Adoption of rules of procedure is a requirement of the Ethics Ordinance listed in Section 2-277(k) and are subject to confirmation by the City Council. Rules of procedure are meant to be a procedural guide for conducting proceedings. Alan Bojorquez created an initial draft of rules of procedure that was discussed with the Board of Ethics on July 31 and received direction to make additional modifications. A revised draft was approved by the Board of Ethics on August 13, 2018. The ordinance included as Exhibit 2 contains the rules of procedure as incorporates sections for general rules, meeting procedures, advisory opinions, preliminary assessments, and hearing procedures. A majority of the Board of Ethics discussion regarding the rules of procedure focused on the hearing procedures and specifically the topics regarding recusals, evidence and witnesses, subpoenas, burden of proof, and alternate members. ESTIMATED SCHEDULE OF PROJECT The City Council requested that the Board of Ethics be empaneled and ready to begin hearing complaints by September 1, 2018. There are certain provisions that have been tolled in the Ethics Ordinance until such time as the Board is empaneled and the rules of procedure are confirmed by City Council. If City Council approves the rules of procedures for the Board of Ethics on August 21, 2018 then the ordinance would be effective immediately and the Board could begin hearing complaints. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 7, 2017- An election was held to vote on propositions amending the Charter. May 1, 2018- An Ethics Ordinance was adopted by City Council. July 17, 2018- City Council appointed the Board of Ethics members. July 31, 2018- Board of Ethics meeting with deliberation of the rules of procedure. August 7, 2018- An additional alternative member was appointed to the Board of Ethics. August 13, 2018- The Board of Ethics approved the rules of procedures. STRATEGIC PLAN RELATIONSHIP -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: Organizational Excellence EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Rules of Procedure Ordinance Respectfully submitted: Bryan Langley Deputy City Manager Prepared by: Charlie Rosendahl Management Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1317,Version:1 AGENDA CAPTION International Overdose Awareness Day City of DentonPage 1 of 1Printed on 8/15/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1318,Version:1 AGENDA CAPTION Live United Month City of DentonPage 1 of 1Printed on 8/15/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1319,Version:1 AGENDA CAPTION National Payroll Week City of DentonPage 1 of 1Printed on 8/15/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1365,Version:1 AGENDA CAPTION Anyah Martinez regarding an update for Explorium Denton Children’s Museum. City of DentonPage 1 of 1Printed on 8/15/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-815,Version:2 AGENDA CAPTION Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Confidentiality Agreement between the City and TrailStone Power LLC. (“TrailStone”); providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (6-0). City of DentonPage 1 of 1Printed on 8/15/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Denton Municipal Electric CM/DCM/ACM: Todd Hileman DATE:August 21, 2018 SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager, or his designee, to execute a Confidentiality Agreement between the City and TrailStone Power LLC. (“TrailStone”); providing for a severability clause; and providing for an effective date. BACKGROUND In 2017, DME began discussions on an EEI MasterPowerPurchaseandSaleAgreement(EEI Agreement) with TrailStone, a potentialpowertransaction counterparty. In order for DME to evaluate the risk of extending unsecured credit to TrailStone, it is necessary for TrailStoneto provide DME with information on its financialcondition. Given that TrailStone isa relativelysmall, private company that is not rated by S&P,Moody’sorFitch, aconfidentialityagreement is required before TrailStone is willing to releasetheir financials to DME. Attached is acopyoftheproposedConfidentialityAgreementwith TrailStone. It hasbeenreviewed and accepted byLegal. RECOMMENDATION Staffrecommendsadoption of theattachedOrdinanceauthorizing execution of theConfidentiality Agreement. PRIOR ACTION/REVIEW (Council, Boards,Commissions) ThePublic Utilities Boardreviewed this itemonAugust 13, 2018 and recommended approval bya6-0vote. FISCAL INFORMATION TheOrdinance and the TrailStone Confidentiality Agreement do not obligateDenton Municipal Electricto execute any energy transactions or makeany financial commitments. STRATEGIC PLANRELATIONSHIP The City of Denton’s Strategic Plan is an action-orientedroad 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-FriendlyCommunity; 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: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1.Agenda Information Sheet 2.Proposed Confidentiality Agreement 3.Ordinance R espectfully submitted: George Morrow DME General Manager P repared by: Philip DiPastena Senior Risk Control Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-920,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityCounciloftheCityofDenton,aTexashome-rulemunicipal corporation,providingfor,authorizing,andapprovingtheexecutionbytheCityManagerorhisdesignee, ofabasecontractforsaleandpurchaseofnaturalgasbetweentheCityofDentonandTenaskaMarketing Ventures,apartnership;approvingtheexecutionofsuchotherandfurtherrelateddocumentsdeemed necessarytoeffectuatethetransactionsallowedunderthisagreementbytheCityManagerorhisdesignee; determiningthatspecificinformationcontainedindocumentsinvolvedinthistransactionpertaintoa “competitiveelectricmatter”assetforthundertheprovisionsof§§551.086and552.133oftheTexas GovernmentCode,asamended;allowingthepublictoinspect,butnotreproduce,thebaseContractas redacted; providing an effective date. The Public Utilities Board recommends approval (6-0). City of DentonPage 1 of 1Printed on 8/15/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Denton Municipal Electric CM/DCM/ACM:Todd Hileman DATE:August 21, 2018 SUBJECT Consider adoption of an ordinance of the City Council of the City of Denton, a Texas home-rule municipal corporation, providing for, authorizing, and approving the execution by the City Manager or his designee, of a base contract for sale and purchase of natural gas between the City of Denton and Tenaska Marketing Ventures, a partnership; approving the execution of such other and further related documents deemed necessary to effectuate the transactions allowed under this agreement by the City Manager or his designee; determining that specific information contained in documents involved in this transaction pertain to a “competitive electric matter” as set forth under the provisions of §§551.086 and 552.133 of the Texas Government Code, as amended; allowing the public to inspect, but not reproduce, the base Contract as redacted; providing an effective date.The Public Utilities Board recommends approval (6-0). BACKGROUND The Denton Energy Center (DEC), composed of twelve fast start electricity generating engines and ancillary equipment, has completed operational testing and has entered its commercial operation phase. The DEC project requires a natural gas supply for operation of the project. As approved by the City Council earlier this year, a NAESB is currently in place with an existing gas supplier. At the time that agreement was being approved, staff noted that it would be bringing additional NAESB agreements for approval in the future. The purpose of compiling additional NAESB agreements is to add to the pool of alternative suppliers in an effort to foster supply diversity and competition. This standard form agreement operates as an ‘enabling agreement’ or ‘master agreement’ to facilitate gas transactions with Tenaska. The NAESB (“North American Energy Standards Board”) standard contract has been developed over time by the energy industry to capture core contract terms, definitions, and procedures which are viewed as standard by the energy industry. The NAESB standard form contract is owned by the North American Energy Standards Board and is copyrighted. The copyright means it cannot be released to the general public in a reproducible form. A redacted copy of the NAESB is available at the City Secretary’s office for viewing by the public. No photographs or copies are allowed under the copyright. Purchases of natural gas made under the terms and conditions of this NAESB are authorized under the approved Risk Management Policy (Ordinance No. 2018-237).If future transactions occur, they will be negotiated on a deal by deal basis and documented by confirmation agreements which will include price, quantity, duration, delivery point and other special provisions, if any. In conclusion, it is recommended that the City Council adopt the attached Ordinance approving execution of a NAESB with Tenaska, and confirming the authorization to engage in transactions under the NAESB as further described in the Ordinance. RECOMMENDATION Staff recommends adoption of theordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on August 13, 2018 and recommended approval by a 6-0 vote. FISCAL INFORMATION This agreement does not obligate the expenditure of funds. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal:2.3 Promote superior utility services and City facilities EXHIBITS 1.Agenda Information Sheet 2.Ordinance 3.Public Viewing Notice Respectfully submitted: George Morrow General Manager Prepared by: Smith Day Compliance Manager Public Notice Due to federal copyright laws, the City of Denton cannot distribute or reproduce the NAESB Contract related to this agenda item to the public. However, the City has taken the legal steps required make a redacted version of the document available for public inspection by appointment only. Photographs or copies are prohibited, and the document may not be removed from city premises. To schedule an appointment, please contact the City Secretarys office at 940-349-8309, weekdays, between the hours of 8am and 5pm. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1185,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandCumberlandPresbyterianChildren’sHomeforexpensesrelatedtoprovidingresidentialcare; providing for the expenditure of funds therefor; and providing for an effective date. ($100) City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Cumberland Presbyterian Home for expenses related to providing residential care; providing for the expenditure of funds therefor; and providing for an effective date. ($100) BACKGROUND This Agreement allows for the total expenditure of $100 from Council Contingency Funds; (Council Member Gerard Hudspeth). Key provisions of the Agreement include: Funds shall be used by for expenses related to providing residential care. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1186,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandExploriumDentonforexpensesrelatedtooperatingthemuseum;providingfortheexpenditureof funds therefor; and providing for an effective date. ($100) City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Explorium Denton for expenses related to operating the museum; providing for the expenditure of funds therefor; and providing for an effective date. ($100) BACKGROUND This Agreement allows for the total expenditure of $100 from Council Contingency Funds. (Council Member Gerard Hudspeth). Key provisions of the Agreement include: Funds shall be used by Explorium Denton for expenses related to operating the museum. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1187,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandSasserNationforScholarships;providingfortheexpenditureoffundstherefor;andprovidingforan effective date. ($100) City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Sasser Nation for Scholarships; providing for the expenditure of funds therefor; and providing for an effective date. ($100) BACKGROUND This Agreement allows for the total expenditure of $100 from Council Contingency Funds. (Council Member Gerard Hudspeth). Key provisions of the Agreement include: Funds shall be used by Sasser Nation for scholarships. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1189,Version:1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton requesting the Texas Department of Transportation advance the construction of the north bound service road as the first phase of facilitating the West Loop 288 Project from Interstate 35W to Interstate 35N; and providing an effective date. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Transportation CM/ DCM/ ACM: Mario Canizares DATE: August 21, 2018 SUBJECT Consider the approval of a resolution of the City Council of the City of Denton requesting the Texas Department of Transportation advance the construction of the north bound service road as the first phase of facilitating the West Loop 288 project from Interstate 35W to Interstate 35N. BACKGROUND The Texas Department of Transportation (TxDOT) and Denton County are designing Loop 288 as a controlled access freeway consisting of two main lanes and two lane frontage roads in each direction. Grade separations are planned at major cross streets and rail road crossings. TxDOT is developing Loop 288 with frontage roads to limit access to the main lanes while providing development opportunities along the corridor. The total cost of the project is currently estimated at $258 million, while the construction of one of the frontage roads is estimated at $40 million. The project is anticipated to be environmentally cleared by December 2020. At that point, right-of-way acquisition and utility relocations can begin. TxDOT has indicated that construction of the project will need to be phased due to funding constraints. TxDOT is seeking direction from the City of Denton on which frontage road should be completed as part of the first phase. With most of the development in this corridor occurring east of the proposed alignment, construction of the northbound frontage road will permit the City to establish permanent connections of its cross streets and access points to the frontage road. Advancement of the northbound frontage road as part of the first phase will also provide ground access to the west side of the Denton Enterprise Airport to facilitate growth as outlined in the 2015 Denton Enterprise Airport Master Plan. The Mobility Committee considered this issue at the July 18, 2018, meeting and unanimously recommended constructing the northbound frontage road as part of Phase I. FISCAL INFORMATION: The total cost of the project is currently estimated at $258 million while the construction of one of the frontage road sections is estimated at $40 million. To date, Denton County has contributed more than $4.4 million for engineering and design efforts. ESTIMATED SCHEDULE OF PROJECT: The engineering firm for the West Loop 288 project submitted the 30% schematic for TxDOT review on April 30, 2018, and has since been working toward the 60% schematic submittal, which is expected to be made on August 20, 2018. Schematic approval for the project is anticipated to occur in the February 2019 timeframe and environmental clearance is estimated to take place in late 2020. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 18, 2018, Council Mobility Committee gave staff direction to advance a resolution to City Council to recommending the northbound frontage lanes be constructed as part of the West Loop 288 Phase I project. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1.Agenda Information Sheet 2.On-System Project Status Report – Loop 288 3.Resolution Respectfully submitted: Mark Nelson Transportation Director EXHIBIT 2 Loop 288 West 2250-00-013(from I-35 to US 380) / February 2019 CSJ:Schematic Approval: 2250-00-014(from US 380 to I-35W) From I-35 to I-35W Environmental Clearance:December 2020 Limits: Frontage road only:$40M Estimated -013(including frontage roads):$108M; July 2020 ROW Acquisition Complete: ConstructionCost: -014(including frontage roads):$150M Construct controlled access freewayJuly 2022 Description:Utility Relocations Complete: CP&YDecember 2021 Firm:100% Plans: March 2022 (-013); September Tom Cochill, Andrea Klocinski Key Contact:Ready to Let Date: 2022 (-014) Current Status: Environmental: CP&Y developed ICI analysis and report. Schematic: CP&Y revised Loop 288 corridor to meet clearance at gas well head locations. The revised corridor caused revisions to the Loop 288 and frontage road profiles. These were checked to limit the need for retaining walls. Three bridges and eight ramps were also affected by the revised corridor and re-designed. Four direct connectors at I-35W/Loop 288: NB-WB, EB-SB, EB-NB, and SB-WBto be included. CP&Y has extended the scope of the project to include the design of eight additional direct connector ramps: four at I-35 interchange and four at I-35W interchange. CP&Y developed a preliminary design that is included in the 30% schematic submittal. Bridge details for all 19 bridges were submitted to TxDOT on July 31, 2018. CP&Y reduced/shiftedcorridor to avoid damage to existing structures as much as possible. Working with ITS and City of Denton to confirm cross street locations and grade separations. Meeting date to be determined. The 30% schematic submitted on April 30, 2018. CP&Y has received aerial survey but is awaiting utility information at IH 35W to be provided by TxDOT. Date for receipt to be determined. Design approximately 50% complete. CP&Y received 30% schematic comments on June 20, 2018. TxDOT review meeting to discuss comments held on June 26, 2018. The 60% schematic design submittal due to TxDOT for review on August 20, 2018. Stakeholder meetings and first public meeting to follow. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1218,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceauthorizingtheCityManager,orhisdesignee,toexecuteanamendmentto theTransmissionOperator,Maintenance,andConstructionServicesAgreement(“Agreement”)betweenthe CityofDenton(“City”)andtheTexasMunicipalPowerAgency(“TMPA”)thatextendsthetermoftheexisting agreementbytwoyearstoSeptember1,2020;authorizingtheexpenditureoffunds;andprovidinganeffective date. The Public Utilities Board recommends approval (6-0). City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com AGENDA INFORMATION SHEET DEPARTMENT:DentonMunicipalElectric CM:ToddHileman DATE:August21,2018 SUBJECT Consider adoption of anordinance authorizing theCity Manager, or his designee,to execute an amendment to theTransmission Operator, Maintenance, and Construction Services Agreement(“Agreement”)between theCityofDenton(“City”) and the Texas MunicipalPowerAgency(“TMPA”)thatextendsthetermofthe existingagreementbytwoyearstoSeptember 1, 2020; authorizingtheexpenditure of funds;andproviding ffective date. BACKGROUND TheCityofDentonisamemberof the TMPAwhoownstransmissionassetsthatdeliverelectric power to theCity.Denton Municipal Electricoperatesandmaintainsthe bulk of TMPA’stransmissionassetslocated in the Dentonvicinity. The formalAgreementbetween Denton and TMPA wasapprovedby the City Council on September 1, 2015. Under theAgreement,TMPAauthorizedDMEtoconstruct, own, and operatepartsofTMPA’sDentonarea138kVtransmissioninfrastructuretogain mutually beneficial efficiencies for both TMPA and DME. This arrangement benefits Dentonsince it cancontrol/oversee the operation&maintenanceof the TMPAtransmissionassetsintheareathatimpacttheCity’slocalelectrical network. RECOMMENDATION DMErecommendsthatthePublic Utilities Boardrecommend approval anordinanceauthorizingtheCity Manager to executeanamendmentextendingthetermoftheTransmissionOperator, Maintenance, and Construction Services AgreementwithTMPAfortwoyears, in substantial conformitywiththeattached version. PRIOR ACTION/REVIEW (Council, Boards,Commissions) ThePublic Utilities Boardreviewed this itemon August 13, 2018 and recommended approval bya6-0 vote. FISCAL INFORMATION Theextensionrequiresnoadditionalbudget expenditures atthistime.DME’scosts under theAgreement will be reimbursedbyTMPA in accordance withthe Agreement. STRATEGIC PLANRELATIONSHIP TheCity of Denton’s StrategicPlanisanaction-orientedroadmapthatwillhelp the Cityachieveits 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-FriendlyCommunity; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and Cityfacilities EXHIBITS 1.Agenda InformationSheet 2.Ordinance Respectfully submitted: GeorgeMorrow General Manager Prepared by: Smith Day Compliance Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1234,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteaProfessionalServicesAgreementwithGarver,LLCfordesignand bidphaseservicesfortheLakeLewisvilleWaterTreatmentPlantfilterbackwashandsedimentationbasinwash -downresidualsdewateringfacilityassetforthintheagreement;providingfortheexpenditureoffunds therefor;andprovidinganeffectivedate(RFQ6590-025-ProfessionalServicesAgreementfordesignandbid phaseservicesawardedtoGarver,LLC,inthenot-to-exceedamountof$520,920).ThePublicUtilitiesBoard recommends approval (6-0). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Garver, LLC for design and bid phase services for the Lake Lewisville Water Treatment Plant filter backwash and sedimentation basin wash-down residuals dewatering facility as set forth in the agreement; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-025 Professional Services Agreement for design and bid phase services awarded to Garver, LLC, in the not-to-exceed amount of $520,920). The Public Utilities Board recommends approval (6-0). RFQ INFORMATION /BACKGROUND In negotiating the fee for this project, the staff referred to the PSMJ Public Works Benchmark Survey of 2011, a compilation of service fee data from 500 engineering, architectural and environmental firms that serve both public agencies and private-sector owners. Engineering fees for construction projects are frequently negotiated on the basis of a percentage of the estimated construction cost of the project. The CIP budget for this project included an original estimated construction cost of $6,000,000 for Lake Lewisville water treatment plant sludge dewatering facility and was used as the basis for the original fee negotiations with Garver, LLC, for the final design Professional Service Agreements (PSA). Using PSMJ Benchmark Survey for fee estimation related to construction costs, full basis engineering services (without a full-time resident construction manager) for a project of this size, cost and complexity would typically be around 10-12% of construction cost or approximately $600,000- $720,000. The budget for professional services for Final Design and Construction in the capital improvement plan was $600,000. Based upon the prior experience and comparison with other projects, staff prepared these budget numbers to reflect current market conditions for engineering fees for a water plant sludge dewatering facility project of this size, scope, and complexity. Garver, LLC, a pre-selected firm for Water, submitted a proposal to staff in April 2018 and included preliminary design, final design, and bidding services. These fee proposals were based upon the initial draft scope of services prepared by the consultant. The original fee proposal was in the amount of $638,032. This fee for basic services through the bid phase was 14.7 estimated construction cost of $4,341 for final design and bid 520,920 (which represent 12.0 % of the construction cost of the project). Beginning in 2015, City of Denton Water Reclamation plant was experiencing constant issues processing the solids coming from the Lake Lewisville water treatment plant (LLWTP). The Wastewater Department requested elimination of sludge/solids discharges into the wastewater collection system and thus into the wastewater treatment plant primarily due to the new phosphate control regulations they were required to follow. In 2017, LLWTP staff installed two (2) submersible pumps in the wash-water equalization basin as a temporary measure and currently pumping all treatment plant solids from the equalization basin into the water treatment plant pond and stopped discharging process solids into the wastewater collection system. Decant from the pond returns to the head of the treatment plant and receive complete treatment. Since the pond has limited capacity, in 2017, Garver, LLC, was selected to conduct a study to select the most suitable process/technology for the filter backwash and sedimentation basin wash-down residuals dewatering facility. The consultant completed the study in 2018 and found BFP with gravity thicker as the preferred technology for Lake Lewisville water treatment plant sludge dewatering system. Requests for qualifications (RFQ) were issued to several local consulting firms with prior experience to perform a study and receive a recommendation for a permanent solids handling facility for the Lake Lewisville water treatment plant. Statement of qualifications was received from four (4) engineering firms. The Staff Screening and Selection Committee met March 22, 2017, to evaluate the qualifications. The Committee selected Garver, LLC, based on the proposal and selection criteria. The PSA for the sludge dewatering study included Project Management, Site Survey and Analysis of Alternatives, Draft and Final Technical Memorandum including the capital & operational cost of the sludge dewatering facility. Garver, LLC, analyzed the following systems for the dewatering process; BFP with GBT, BFP with gravity thickener, Screw Press with gravity thickener, Centrifuge and use of the existing pond. A 20-year life cycle cost developed for these systems except Centrifuge because of its high capital cost and lack of track record in the water plant use. BFP with gravity thickener and Screw Press with gravity thickener were the two (2) top-ranked processes based on the life-cycle cost. A side by side comparison shows higher throughput and cake solids and less polymer usage for the BFP with gravity thickener. In April 2018, Garver, LLC, a pre-selected firm for Water developed a formalized scope of work for the design and bidding services for the dewatering facility and submitted a proposal with a price quote in the amount of $638,032. Staff negotiated with Garver, LLC, and modified the scope and received a revised fee proposal in the amount of $520,920. The PSA will include preliminary design, final design and bid phase services for the LLWTP sludge dewatering facility. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional engineering firms (Ordinance 2018-331). On August 13, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with Garver, LLC, for engineering services for the Lake Lewisville water treatment plant (LLWTP) sludge dewatering facility in the amount of $520,920. PRINCIPAL PLACE OF BUSINESS Garver, LLC Frisco, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval. FISCAL INFORMATION These services will be funded from the capital improvement account. The budgeted amount for this service is $600,000 under account 630387517.1360. Requisition #138891 has been entered into the Purchasing software system. A cost summary for the Professional Services Agreement (PSA) is detailed below: Design Phase: $481,790 Bid Phase: $39,130 Total Basic Services $520,920 EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: CIP Detail Sheet Exhibit 3: Scope of Services Exhibit 4: Professional Services Agreement Exhibit 5: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Tim Fisher 940-349-7190. SCOPE OF SERVICES CITY OF DENTON LAKE LEWISVILLE WATER TREATMENT PLANT DEWATERING IMPROVEMENTS General The scope of services for the City of Denton Lake Lewisville Water Treatment Plant (LLWTP) Dewatering Improvements generally includes new facilities and equipment necessary for dewatering of residual solids generated from filter backwash and sedimentation basin blowdown/washdown. The engineering services include detailed design and construction services for installation of a gravity thickener, pump station, two mechanical dewatering units, residuals conveyor, polymer systems, and a residual solids dewatering building. Minor improvements to existing infrastructure such as isolation valving and drainage improvements will also be included in the design. The design will evaluate the potential for continued use of existing vertical turbine pumps in the Washwater Recovery Basin with increased flows from the dewatering facility. The design of the dewatering facility will contain accommodations for future expansion. The design package will also define construction sequencing requirements for maintenance of dewatering operations during construction. 1. Dewatering Improvements Design Design of the dewatering improvements includes the following: 1. Provide isolation valving on washwater recovery basin feed line downstream of MH 6. 2. Provide drainage improvements from adjacent parking lot to existing lagoon. 3. Replace and provide automation of valving for sedimentation basin blowdown/washdown to the equalization basin. 4. Provide piping from the existing equalization basin submersible pumps to the gravity thickener. 5. Provide a gravity thickener with a solids collection mechanism intended to store and thicken solids prior to mechanical dewatering. 6. Provide a new variable speed positive displacement pump station for conveying thickened solids to mechanical dewatering units, and for recirculating filtrate from the mechanical dewatering unit to the existing Washwater Recovery Basin. 7. Provide two mechanical dewatering units within a new dewatering building to dewater residual solids. The design will include polymer storage, feed equipment, and extension of existing plant water system as required for equipment systems, facility cleaning, and gravity thickener cleaning. 8. Provide dewatered sludge conveyance equipment to transfer sludge from the belt filter press discharge to dumpster or truck loading area. 9. Provide roadway access improvements for dewatered solids transport trucks from discharge of conveyor. 10. Provide HVAC and plumbing for dewatering building. 11. Evaluate automation including flow meters, mass meters, and automated valving and controls. 12. Provision of power and signal integration into SCADA for applicable equipment. 13. Provide additional security measures such as fencing around the new dewatering facility, key-card entry for the dewatering building, and cameras inside the dewatering building. 14. Develop appropriate construction sequencing for installation of the new equipment and integration within the existing dewatering scheme. 15. Provide geotechnical services necessary for gravity thickener and dewatering building. 1.1 Project Management and Administration Garver will perform planning activities to setup the project financials, schedule, tools and templates. A project kick-off meeting will be held with the Owner to confirm project objectives, communications Scope of Services 1 of 6 17088110 City of Denton LLWTP Dewatering Improvements protocols, schedule milestones, deliverables, and administrative requirements. The kick-off meeting will anager. This report shall document overall progress, outstanding issues, decision logs, schedule status, major accomplishments and milestones achieved, and significant concerns requiring Owner input. Up to four progress meetings will be held as necessary with the Owner to review the project status, discuss interim findings, discuss technical aspects, obtain deliverable review comments, review upcoming activities, and provide schedule updates. 1.2 Geotechnical Report GARVER shall contract with a sub-consultant to provide the following professional services as follows: 1. GARVER will propose boring locations. 2. GARVER will check with the OWNER and OWNER will verify underground utilities are not in proximity to boring site. 3. Subcontract with a geotechnical company to drill up to 5 borings to 30 feet at the site. Samples will be collected intermittently using continuous flight augers and either split-spoon or tube samplers. For the deeper borings, shale may be sampled using an NX-size core barrel, or tested in-situ using a Texas Department of Transportation Cone Penetration Test, as appropriate for the material. At completion, the boreholes will be backfilled with auger cuttings to the ground surface. 4. Provide an engineer or geologist to direct the drilling, log the borings, record field test data, and handle and transport the samples. 5. Prepare a TM or summary report of the geotechnical investigation to include: a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work, and the implications for design. c. Foundation and site preparation recommendations for the PROJECT. The intent is for the proposed foundations to be compatible with the existing conditions. 1.3 Survey GARVER will contract with a registered professional land surveyor to conduct a land survey at the proposed PROJECT site. The survey will base horizontal and vertical control on the treatment plant benchmark coordinates and datum. Survey measurements will be based on state plane coordinates. Survey will be accomplished utilizing RTK GPS and Robotic Scanning Stations and will produce a topographical survey of project area to map utilities and existing structures. The topographic survey will include contours shown at one foot intervals, plotted locations of structures, paving, visible improvements, and utility information based on surface evidence. 1.4 Preliminary (30%) Design During the preliminary design phase, GARVER will work with the OWNER to deliver the preliminary design of the proposed improvements and perform the services as described herein. Based upon the agreed-to project concepts documented in the conceptual Evaluation of Dewatering Alternatives, GARVER will prepare, for approval by the OWNER, a package of Preliminary Design Documents for the proposed Dewatering Improvements. The Preliminary Design Documents will consist of preliminary drawings. The preliminary design drawings will represent approximately 30 percent of the final design documents. In addition to the preliminary design drawings, GARVER will develop and evaluate criteria for dewatering equipment. These criteria will be used to compare and contrast up to Scope of Services 2 of 6 17088110 City of Denton LLWTP Dewatering Improvements three different vendors to supply one type of mechanical dewatering unit. The results of this comparison will be presented in the Preliminary Design Review Workshop. ct documents. The preliminary design submittal will refine the project concepts and develop these concepts in further detail for later use in preparing Contract Documents and final design documents for bidding and construction. GARVER will conduct a Preliminary Design Review Workshop with the OWNER to present the preliminary design. For the Preliminary Design Review Workshop, GARVER will lead and participate in joint discussions with the OWNER which include these topics: Review and refinement of preliminary layout. Review and refinement of preliminary P&ID and preliminary selection of instrumentation. Review of evaluated equipment criteria and determination for major equipment. Review of proposed construction sequencing. Review of Preliminary Design OPCC. GARVER will begin detailed design after the OWNER provides written approval of a pre-selected vendor(s) for the dewatering units. 1.5 Detailed (60, 90, and 100%) Design During the detailed design phase of the project, GARVER will prepare construction plans and specifications including final construction details and quantities, special provisions, and opinions of probable construction cost. Throughout the detailed design phase, GARVER will: 1. Prepare Contract Documents that will consist of drawings and specifications that set forth requirements for construction of the improvements, and shall include advertisement for bids, instructions to bidders, bid forms, bond forms, and other information as required by the OWNER to competitively bid the work. Standard contract forms including documents supplied by Denton from the Engineers Joint Contract Documents Committee (EJCDC), such as General Conditions and Supplemental Conditions as examples, will be used along al specifications. As elements of the Contract Documents preparation, GARVER will: a. Prepare the 60% documents (plans, details, specifications, and opinion of probable construction cost with 30 percent contingency) and submit three (3) sets to the OWNER for review. Conduct a workshop with the OWNER to receive comments; OWNER comments will be documented and incorporated into the subsequent submittal. b. Prepare the 90% documents (plans, details, specifications, and opinion of probable construction cost with 20 percent contingency) and submit three (3) sets to the OWNER for review. Conduct a workshop with the OWNER to receive comments; OWNER comments will be documented and incorporated into the subsequent submittal. Concurrently, a set of 90% documents will be sent to TCEQ for review and approval. c. Review and document OWNER comments for both the 60% documents and the 90% documents. In turn, incorporate an agreed-to set of revisions into the design. 2. GARVER will evaluate potential construction sequencing and the overall approach to project operation. Construction sequencing recommendations will set forth specific requirements for the contractor and will be integrated into the Contract Documents. 3. GARVER will assist OWNER in submitting the design and Contract Documents for Texas Commission of Environmental Quality (TCEQ) review and approval for construction. Submittal VER will revise the Contract Documents to pursue TCEQ approval. 4. Coordinate the review of drawings and specifications with the Texas Department of Licensing and Regulation (TDLR). This includes transmitting the specifications and drawings and technical memoranda, answering questions via telephone which may arise during the review Scope of Services 3 of 6 17088110 City of Denton LLWTP Dewatering Improvements process, and providing supplemental information to support the design. 1.6 Bidding Services During the bidding phase of the project, GARVER will: 1. Prepare and submit Advertisement for Bids to OWNER for OWNER publication in newspaper(s). The OWNER will pay advertising costs outside of this contract. 2. room. 3. Support the contract documents by preparing and issuing addenda. 4. Participate in one pre-bid meeting. 5. Attend the bid opening. 6. Prepare bid tabulation. 7. Evaluate bids and recommend award. 8. Prepare conformed contract documents (i.e. integrate addenda items). 9. Prepare construction contracts. 1.7 Construction Administration During the construction administration phase of the project, GARVER will: 1. Issue a Notice to Proceed letter to the Contractor. 2. Attend monthly progress/coordination meetings with the Contractor, through the anticipated duration of construction (anticipated to be 12 months). 3. Review of Contractor Schedule and Payment Request: a. and progress schedules in accordance with this Agreement. The schedule will be schedule constrained. b. By recommending any payment, GARVER will not thereby be deemed to have represented that continuous or exhaustive examinations have been made by GARVER to check the quality or quantity of the work or to review the means, methods, sequences, techniques, or procedures of construction or safety precautions or programs incident thereto, or that GARVER has made an examination to ascertain how or for what purposes the Construction Contractor has used the monies paid on account of the contract price, or that title to any of the work, materials, or equipment has passed to the OWNER free and clear of any lien, claims, security interests or encumbrances, or that the Construction Contractor has completed his work exactly in accordance with the Construction Contract Documents. The recommendations of payment will constitute a representation to the OWNER that no substantial departure from the Construction Contract Documents or requirements exists. c. GARVER will als schedule in accordance with the requirements of the Construction Contract Documents and request that the Construction Contractor makes any necessary adjustments. 4. Evaluate and respond to a total of up to 150 construction material submittals and shop drawings. If the submittals (including resubmittals) are more than the specified number they may be considered Extra Work. Corrections or comments made by Garver on the shop drawings during this review will not relieve Contractor from compliance with requirements of the drawings and specifications. The check will only be for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The Contractor will be responsible for confirming and correlating all quantities and dimensions, selecting fabrication processes and techniques of construction, coordinating his work with that of all other trades, and performing his shall not constitute approval of safety precautions or constitute approval of construction means, methods, techniques, sequences, procedures, or assembly of various components. When certification of performance characteristics of materials, systems or equipment is required by the Scope of Services 4 of 6 17088110 City of Denton LLWTP Dewatering Improvements Contract Documents, either directly or implied for a complete and workable system, Garver shall be entitled to rely upon such submittal or implied certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 5. Issue instructions to the Contractor on behalf of the OWNER and issue necessary clarifications (respond to up to 75 RFIs) regarding the construction contract documents. If the RFIs are more than the specified number they may be considered Extra Work. 6. Maintain a set of working drawings and prepare and furnish record drawings. 7. When authorized by the OWNER, prepare change orders for changes in the work from that originally provided for in the construction contract documents. This scope assumes four change orders. 8. Make an average of one visit to the project site each month concurrent with the construction progress meetings to observe as an experienced and qualified design professional, the progress and quality of the executed work of the Construction Contractor and to determine, in general, if such work is proceeding in general accordance with the Construction Contract Documents. ill be directed toward providing a greater degree of confidence for the OWNER that the completed work of the Construction Contractor will conform to the Construction Contract Documents, but this shall not relieve the Construction Contractor of responsibility for performing the work in accordance with the Construction Contract Documents. A total of 12-one day site visits are anticipated. 9. Participate in final project inspection, prepare punch list, and review final project closing documents. 2. Project Deliverables The following will be submitted to the OWNER, or others as indicated, by GARVER: 1. Electronic copies of meeting minutes for each design workshops 2. Kickoff meeting 3. Up to four (4) intermittent progress meetings throughout the course of the project 4. Geotechnical report (electronic file) 5. Preliminary Design Package (Three (3) hard copies and a set of electronic files) 6. Preliminary Design Workshop 7. Detailed Design Packages (Three (3) hard copies and a set of electronic files) a. 60% Design b. 90% Design c. 100% Design 8. 60% Design Workshop 9. 90% Design Workshop 10. Bidding Packages a. Bid Advertisement (Electronic file only) b. Addenda (Electronic files only) c. Conformed Documents (Three (3) hard copies and a set of electronic files) d. Construction Contracts (Five (5) hard copies and a set of electronic files) 11. Construction Package a. Record Drawings (Three (3) hard copies and a set of electronic files) 3. Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Redesign direction and/or approval. 2. Funding assistance. 3. Deliverables in addition to those listed herein. 4. Meetings or workshops in addition to those listed herein. 5. Process testing or performance evaluation. 6. Evaluation of disposal alternatives. Scope of Services 5 of 6 17088110 City of Denton LLWTP Dewatering Improvements 7. Additional evaluation of dewatering alternatives. 8. Pilot Testing. 9. Manufacturer site visits. 10. Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. 11. Services after construction, such as warranty follow-up, operations support, etc. 12. Training (to be provided by manufacturer). 13. On-Site Representation during construction. 14. Review of greater than 150 submittals. 15. Review of greater than 75 RFIs. Extra Work will be as directed by the OWNER in writing for an additional fee as agreed upon by the OWNER and GARVER. 4. Schedule GARVER shall begin work under this Agreement within ten (10) days of a Notice to Proceed. GARVER shall complete the work in accordance with the schedule below (based on calendar days): Phase Description Calendar Days for Completion Preliminary Design 90 days oceed Detailed Design 180 Preliminary Design Bidding Phase 45 Advertisement for Bid Construction Phase 365 Notice to Proceed Subsequent to the Notice to Proceed, the OWNER and the ENGINEER will schedule the following meetings and workshops within the associated schedules for each project phase: Phase Project Meeting and Workshop Preliminary Design Preliminary Design Review Workshop Detailed Design 60% Design Review Workshop 90% Design Review Workshop Bidding Phase Pre-Bid Meeting Bid Opening Meeting Scope of Services 6 of 6 17088110 City of Denton LLWTP Dewatering Improvements City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z17-0032c,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,NuncProTunc,correctinganinadvertent mistakeinOrdinanceNo.Z17-0032bspecificallyitsamendmentofarezoningfromNeighborhoodResidential 6(NR-6)zoningdistrictandlanduseclassificationtoaNeighborhoodResidentialMixedUse12(NRMU-12) zoningdistrictandlanduseclassificationwithamixeduseprotectionoverlayonapproximately8.887acresof landgenerallylocatedonthesouthwestsideofColoradoBoulevard,approx.315feetnorthwestofSanJacinto BoulevardintheCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoning map;providingforaseverabilityclause;andprovidinganeffectivedate.(Z17-0032,ColoradoTownhouses, Cindy Jackson) City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, Nunc Pro Tunc, correcting an inadvertent mistake in Ordinance No. Z17-0032b specifically its amendment of a rezoning from Neighborhood Residential 6 (NR-6) zoning district and land use classification to a Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district and land use classification with a mixed use protection overlay on approximately 8.887 acres of land generally located on the southwest side of Colorado Boulevard, approx. 315 feet northwest of San Jacinto Boulevard in the City of Denton, Denton County, Texas; adopting an everability clause; and providing an effective date. (Z17-0032, Colorado Townhouses, Cindy Jackson) BACKGROUND On May 1, 2018 the City Council adopted Ordinance Z18-0032b that approved a rezoning with a mixed use protection overlay. The ordinance incorrectly listed Mixed Use Protection Overlay development standards recommended by the Planning and Zoning Commission rather than those standards proposed during the public hearing held on April 3, 2018, and approved by Council on May 1. The Ordinance included as Exhibit 2 correctly lists the Mixed Use Protection Overlay development standards as approved by Council on May 1, 2018. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of this Nunc Pro Tunc request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 7, 2018, the Planning and Zoning Commission held a public hearing for this request. During the public hearing, eight residents spoke in opposition to the request. The concerns expressed by the speakers included: a) Cut-through traffic along Clermont Lane which is a private street; b) Privacy due to the proposed height of the buildings; c) Noise d) Safety e) The possibility that the attached townhomes could become apartments; f) Preference for single family detached homes in lieu of the proposed single family attached townhouses. The Commission responded to the concerns expressed by the residents by adding the three (3) additional conditions to the Mixed Use Protection Overlay. On April 3, 2018, the City Council continued this application to give staff an opportunity to evaluate the site and determine if two access points can be provided to the site along Colorado Boulevard. On May 1, 2018, the City Council approved the request to rezone the site to NRMU-12 with the following conditions: a) There shall be no uses permitted other than single family attached dwelling units, including townhouses, or single family detached dwelling units. b) The overall density shall not exceed ten dwelling units per acre. c) Buildings which are contiguous to the residential neighborhoods shall have a maximum height of two stories. d) Installation of an eight foot tall fence along adjacent properties. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1274,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, approving a City sponsorship for the 2018 Denton Community Market’s Pawsitive Vibes event in Denton, TX on September 2, 2018, providing for the expenditure of funds in the total amount of $3,000; and providing for an effective date. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DIRECTOR OF FINANCE: Antonio Puente, Jr. DATE: August 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a City sponsorship for the 2018 Vibes event in Denton, TX on September 2, 2018, providing for the expenditure of funds in the total amount of $3,000; and providing for an effective date. BACKGROUND This agreement allows for the total expenditure of $3,000 from Electric Fund under the approved City of Denton Resolution R2017-050 (Exhibit 2). Key provisions of the Agreement include: Funds shall be used by the Denton Community Market for general expenses related to the 2018 Pawsitive Vibes event. Due to the timing of this request and the date of the event, this request has not been reviewed by the an update on August 27, 2018. FISCAL INFORMATION Funding for the Agreement will come from -18. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS 1. Agenda Information Sheet 2. Resolution R2017-050 3. Ordinance 4. Sponsorship Application Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Prepared by: Randee Klingele Treasury Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1279,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, approving a City sponsorship for the 2018 Denton Black Chamber of Commerce’s Denton Blues Festival in Denton, TX from September 14, 2018 through September 16, 2018; providing for the expenditure of funds in the total amount of $3,000; and providing for an effective date. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance DIRECTOR OF FINANCE: Antonio Puente, Jr. DATE: August 14, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a City sponsorship for the 2018 Denton through September 16, 2018; providing for the expenditure of funds in the total amount of $3,000; and providing for an effective date. BACKGROUND This agreement allows for the total expenditure of $2,000 from Electric Fund under the approved City of Denton Resolution R2017-050 (Exhibit 2) and $1,000 from the Solid Waste Fund under the approved City of Denton Resolution R18-095 (Exhibit 3). Key provisions of the Agreement include: Funds shall be used by Denton Black Chamber for general expenses related to the 2018 Denton Blues Festival. Due to the timing of this request and the date of the event, this request has not been reviewed by the PUB an update on August 27, 2018. FISCAL INFORMATION Funding for the Agreement will come from Electric and Solid Waste Fund in FY 2017-18. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS 1. Agenda Information Sheet 2. Resolution R2017-050 3. Resolution R18-095 4. Ordinance 5. Sponsorship Requests Respectfully submitted: Antonio Puente, Jr., 349-7283 Director of Finance Prepared by: Randee Klingele Treasury Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1280,Version:1 AGENDA CAPTION Consider approval of a resolution allowing the Denton Black Chamber of Commerce to sell alcoholic beverages for the Denton Blues Festival, Saturday, September 15, through Sunday, September 16, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (4 - 0). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: August 21, 2018 SUBJECT Consider recommending approval of a resolution allowing the Denton Black Chamber of Commerce to sell alcoholic beverages for the Denton Blues Festival, Saturday, September 15, through Sunday, September 16, 2018, at Quakertown Park upon certain conditions; authorizing the City Manager or his designee to execute an agreement in conformity with this resolution; and providing for an effective date. The Parks, Recreation and Beautification Board recommends approval (4 0). BACKGROUND The Denton Blues Festival is organized by the Denton Black Chamber of Commerce. This free three-day outdoor music festival features live musical acts presented on a sound stage. This from 11 a.m. to 11 p.m., Saturday, September 15, from noon to 11 p.m., and Sunday, September 16, from 10 a.m. to 10 p.m. at Quakertown Park. No alcohol will be sold on Friday, September 14, 2018. The Denton Blues Festival committee is requesting permission to sell beer and wine and has partnered with the Denton Black Chamber of Commerce. The Denton Black Chamber of Commerce will be responsible for rental of the booth space, obtaining the temporary license for selling alcohol, securing the temporary permit for selling alcohol, and providing comprehensive liability insurance in the amount of $500,000. In addition, Denton Blues Festival agrees to indemnify the City of Denton against any liability incident to the selling of alcoholic beverage at the Denton Blues Festival. The Denton Blues Festival will have police security at the event. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On July 10, 2017, the Parks, Recreation, and Beautification Board recommended approval 5-0 for Denton Black Chamber of Commerce to sell alcoholic beverages; and on August 15, 2017, the City Council approved to allow the Denton Black Chamber of Commerce to sell alcoholic beverages at the Denton Blues Festival under Resolution 2017-030. STRATEGIC PLAN RELATIONSHIP The City of 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, Liveable, and Family-Friendly multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide and support outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution and Contract Exhibit 3 Letter of Request Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Janie McLeod Community Events Coordinator Exhibit 3 DENTON BLACK CHAMBER OF COMMERCE July 25, 2018 Ms. Janie McLeod Community Events Coordinator City of Denton Kerry Goree 321 East McKinney St. Chairman Denton, Texas 76201 Reggie Hill RE: Denton Blues Festival Friday/Saturday/Sunday, September 14 - 16, 2018 President Dear Janie, Ron Johnson Secretary We would like to once again thank the City of Denton for their extremely high quality of support of our annual Denton Blues Festival. We once again would like John Baines to hold our event on City property adjacent to City Hall and the Central Branch of Treasurer the Library.We are requesting City of Denton sponsorship of in-kind services at the same level(s) as the 2017 event. We are also requesting a Noise Exception. Mark Courts Please review the following for additional details: Board Member a)The event is the 2018 Denton Blues Festival. b)The Denton Black Chamber of Commerce presents this event and is requesting Robert to be the sole vendor to sell alcohol. Hicks c)Alcohol will be sold only on Saturday and Sunday, September 15 -16. d)The event will take place at the Quakertown Park, September 14 (11:00 am to Board 11:00 pm), September 15 (12:00 Noon to 11:00 pm), and September 16 (10:00 Membe r am to 10:00 pm). e)The level of decibels will not be over 70. f)The Festival consists of live musical acts presented on sound stages. Connie g)The Festival furthers the reputation of Denton as a music entertainment Baker Board destination and is free to the public. th Member h)Friday, September 14 activities include setup during the day, and karaoke that night. Thank you in advance for your assistance. John Baines, Event Coordinator P.O. Box 51026 Denton, Texas 76206 Phone (940) 382-9100 Fax (940) 382-9695 Email: info@dentonblackchamber.org City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1281,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Blues Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, September 14, from 8 a.m. to 11 p.m.; Saturday, September 15, from noon to 11 p.m.; and Sunday, September 16, 2018, from 10 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas granting the Denton Blues Festival, pursuant to Section 17-20 of the Code of Ordinances, a noise exception Friday, September 14, from 11 a.m. to 11 p.m.; Saturday, September 15, from noon to 11 p.m.; and Sunday, September 16, 2018, from 10 a.m. to 10 p.m. at Quakertown Park; granting a variance in hours of operation for amplified sound levels for an outdoor music festival; and providing an effective date. BACKGROUND John Baines, the event coordinator of the Denton Blues Festival, requests an exception to the noise ordinance for a variance in hours of operation for amplified sound levels on Friday, September 14, from 11 a.m. to 11 p.m.; Saturday, September 15, from noon to 11 p.m.; and Sunday, September 16, 2018, from 10 a.m. to 10 p.m. This is the 20th annual Denton Blues Festival. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On August 15, 2017, City Council approved an exception to the noise ordinance for the Denton Blues Festival. STRATEGIC PLAN RELATIONSHIP -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, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Letter of Request Respectfully submitted: Gary Packan Parks and Recreation, Director Prepared by: Janie McLeod Community Events Coordinator Exhibit 3 DENTON BLACK CHAMBER OF COMMERCE July 25, 2018 Ms. Janie McLeod Community Events Coordinator City of Denton Kerry Goree 321 East McKinney St. Chairman Denton, Texas 76201 Reggie Hill RE: Denton Blues Festival Friday/Saturday/Sunday, September 14 - 16, 2018 President Dear Janie, Ron Johnson Secretary We would like to once again thank the City of Denton for their extremely high quality of support of our annual Denton Blues Festival. We once again would like John Baines to hold our event on City property adjacent to City Hall and the Central Branch of Treasurer the Library.We are requesting City of Denton sponsorship of in-kind services at the same level(s) as the 2017 event. We are also requesting a Noise Exception. Mark Courts Please review the following for additional details: Board Member a)The event is the 2018 Denton Blues Festival. b)The Denton Black Chamber of Commerce presents this event and is requesting Robert to be the sole vendor to sell alcohol. Hicks c)Alcohol will be sold only on Saturday and Sunday, September 15 -16. d)The event will take place at the Quakertown Park, September 14 (11:00 am to Board 11:00 pm), September 15 (12:00 Noon to 11:00 pm), and September 16 (10:00 Membe r am to 10:00 pm). e)The level of decibels will not be over 70. f)The Festival consists of live musical acts presented on sound stages. Connie g)The Festival furthers the reputation of Denton as a music entertainment Baker Board destination and is free to the public. th Member h)Friday, September 14 activities include setup during the day, and karaoke that night. Thank you in advance for your assistance. John Baines, Event Coordinator P.O. Box 51026 Denton, Texas 76206 Phone (940) 382-9100 Fax (940) 382-9695 Email: info@dentonblackchamber.org City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1282,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton, Texas, approving a City sponsorship in an amount not to exceed $16,150 of in-kind services and resources for the Denton Blues Festival on Friday, September 14, through Sunday, September 16, 2018, at Quakertown Park; and providing an effective date. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Bryan Langley DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, approving a City sponsorship in an amount not to exceed $16,150 of in-kind services and resources for the Denton Blues Festival on Friday, September 14, through Sunday, September 16, 2018, at Quakertown Park; and providing an effective date. BACKGROUND Denton Blues Festival is organized by the Denton Black Chamber of Commerce, a nonprofit 501 (c) 3 organization that showcases live musical acts presented on a sound stage. This outdoor music festival is held in Quakertown Park, located at 321 E. McKinney St. on Friday, September 14, from 8 a.m. to 11 p.m.; Saturday, September 15 from noon to 11 p.m.; and Sunday, September 16 from 10 a.m. to 10 p.m. The Denton Blues Festival is co-sponsored by the City of Denton. This festival includes a variety of musical performances, children's activities, approximately 40 vendor booths, and karaoke on Friday. Event organizers anticipate 10,000 in attendance. The Denton Black Chamber of Commerce is requesting the City of Denton to participate as a sponsor for in-kind services and resources for staff, equipment, security, park maintenance support, and the use of the Quakertown Park for this three-day event, (Exhibit 4). In exchange for the support the City of Denton will be considered to be an event sponsor of the event at a sponsorship level equal to the value of the in-kind service tendered. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On August 15, 2017, City Council authorized sponsorship not to exceed $14,000 of in-kind services under Ordinance 2017-226. FISCAL INFORMATION The City will waive the following fees and expenses to provide in-kind services, personnel, and resources not to exceed $16,150 and is recognized as a sponsor at the appropriate level. Parks and Recreation Department $7,000 Value based on 2018 rental the fee for Quakertown Park $ 224 Value based on 2017 cost of supplies and equipment $3,778 Value based on 2017 actual expenses for regular and overtime hours Police Department $5,144 Value based on 2017 actual expenses for overtime hours Including this event, the City Council will have authorized a total of $231,877 in co-sponsorship for nine community events in the current fiscal year. A provision added to the Sponsorship Letter alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. All sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. STRATEGIC PLAN RELATIONSHIP -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, Liveable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.4 Provide outstanding leisure, cultural, and educational opportunities EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Sponsorship Letter Exhibit 4 Letter of Request Respectfully submitted: Gary Packan Director Prepared by: Janie McLeod Community Events Coordinator Exhibit 3 Parks & Recreation 601 E. Hickory St., Suite B Denton, TX 76205 (940) 349-7275 August 22, 2018 Mr. Kerry Goree, Chairman Denton Black Chamber of Commerce P.O. Box 51026 Denton, TX 76206 Dear Mr. Goree: On August 21, 2018, your sponsorship request was approved by City Council in an amount not to exceed $16,150 of in-kind services and resources provided by the City of Denton for the Denton Blues Festival to be held at Quakertown Park beginning Friday, September 14 through Sunday, September 16, 2018. The City of Denton is proud to be a sponsor of this event and will provide basic and critical support to the event as outlined below. As part of the approval process, the City Council may request to see a report of revenues and expenses for the 2018 Denton Blues Festival included in the The following is a summary of the sponsorship role assumed by the City of Denton and the Denton Blues Festival organizing committee. 1. The Parks and Recreation Department will waive the following fees and expenses to provide in-kind services and resources: $ 7,000 Value based on rental fee for Quakertown Park $ 224 Value based on the cost of equipment $ 3,778 Value based on 2017 actual expenses for Park and Rec personnel, regular and overtime hours $11,002 Total value of in-kind services and resources 2. The Police Department waives the following expenses to provide in-kind services: $ 5,144 Value based on 2017 actual expenses for regular and overtime hours 3. Administrative staff support will be provided in the form of a liaison to advise to the organizing committee. The liaison will attend general meetings of the organizing committee when information is related to the Departme role in the event. The liaison participation is as an ex-officio, non-voting representative of the Department. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 4. The Park Maintenance staff will work with committee volunteers to prepare the park prior to the event, work at the event to assist with limited logistics, handle litter and recycling, and return park equipment to original locations after the event. Denton Blues Festival Event Organizers 1. The Denton Blues Festival committee will provide all planning, management, and organization for the event. 2. Event organizers will provide a layout of the vendor locations, complete a Special Event Application, Safety Plan, event map, and an event schedule to City liaison no later than four weeks prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to stage the event as stated in permit applications. The City liaison will provide information to help facilitate these processes if needed. 4. The requesting organization assumes all liability for damages done to city property whatever the cause, while hosting this event, and agrees to reimburse the city for reparations within 30 days of notice/invoice. 5. Prior to publication, all advertising, including any use of a City logo, must be submitted to the City liaison for approval from the Parks and Recreation Department. 6. Event organizers will be charged the Special Event Application fee ($30) and the Carnival and Fair permit fee ($200) consistent with City of Denton ordinances. 7. Event organizers will charge and collect a Park Vendor's Fee consistent with the City of Denton ordinance and remit these fees within five working days after the event. 8. Event organizers will promote Denton Blues Festival as a "Litter Free Event" as defined by Keep Denton Beautiful (KDB). Recycling is required at all events held on city property and recycles containers are provided in city parks. 9. Within 30 days following the event, the event organizers will provide a program evaluation and full payment of all fees to the City of Denton. 10. Vendors are responsible for their own set-up, including tents, lighting, etc., prior to the event. The Department will not provide any labor or equipment for vendors. 11. The City of Denton is recognized as a sponsor at the appropriate level in promotional materials. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 The City of Denton is excited about the future of the Denton Blues Festival and its continued success. Sincerely, Gary Packan Director I hereby agree to the foregoing conditions required for a City of Denton sponsorship. _______________________________ ________________________ Denton Blues Festival Date OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Exhibit 4 DENTON BLACK CHAMBER OF COMMERCE July 25, 2018 Ms. Janie McLeod Community Events Coordinator City of Denton Kerry Goree 321 East McKinney St. Chairman Denton, Texas 76201 Reggie Hill RE: Denton Blues Festival Friday/Saturday/Sunday, September 14 - 16, 2018 President Dear Janie, Ron Johnson Secretary We would like to once again thank the City of Denton for their extremely high quality of support of our annual Denton Blues Festival. We once again would like John Baines tohold our event on City property adjacent to City Hall and the Central Branch of Treasurer the Library.We are requesting City of Denton sponsorship of in-kind services at the same level(s) as the 2017 event. We are also requesting a Noise Exception. Mark Courts Please review the following for additional details: Board Member a)The event is the 2018 Denton Blues Festival. b)The Denton Black Chamber of Commerce presents this event and is requesting Robert to be the sole vendor to sell alcohol. Hicks c)Alcohol will be sold only on Saturday and Sunday, September 15 -16. d)The event will take place at the Quakertown Park, September 14 (11:00 am to Board 11:00 pm), September 15 (12:00 Noon to 11:00 pm), and September 16 (10:00 Membe r am to 10:00 pm). e)The level of decibels will not be over 70. f)The Festival consists of live musical acts presented on sound stages. Connie g)The Festival furthers the reputation of Denton as a music entertainment Baker Board destination and is free to the public. th Member h)Friday, September 14 activities include setup during the day, and karaoke that night. Thank you in advance for your assistance. John Baines, Event Coordinator P.O. Box 51026 Denton, Texas 76206 Phone (940) 382-9100 Fax (940) 382-9695 Email: info@dentonblackchamber.org City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1301,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheapprovalofathirdamendmenttoaProfessionalServicesAgreementbetweentheCityof DentonandHazenandSawyer,P.C.,amendingthecontractapprovedbyCityCouncilonJanuary6,2015,in thenot-to-exceedamountof$136,017,amendedbyAmendments1and2approvedbythePurchasingManager andCityCouncil,saidthirdamendmenttoprovideadditionalPecanCreekWaterReclamationPlantprocess modelingtoevaluateandmodelprocessupgradetechnologies,anddevelopcostestimatesforpossiblecapacity expansionofthePecanCreekWaterReclamationPlant;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(File5718-providingforanadditionalthirdamendmentexpenditureamountnot-to -exceed$88,984,withatotalcontractamountnot-to-exceed$371,159).ThePublicUtilitiesBoardrecommends approval (6-0). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Hazen and Sawyer, P.C., amending the contract approved by City Council on January 6, 2015, in the not-to-exceed amount of $136,017, amended by Amendments 1 and 2 approved by the Purchasing Manager and City Council, said third amendment to provide additional Pecan Creek Water Reclamation Plant process modeling to evaluate and model process upgrade technologies, and develop cost estimates for possible capacity expansion of the Pecan Creek Water Reclamation Plant; providing for the expenditure of funds therefor; and providing an effective date (File 5718 providing for an additional third amendment expenditure amount not-to-exceed $88,984, with a total contract amount not-to-exceed $371,159). The Public Utilities Board recommends approval (6-0). BACKGROUND The Pecan Creek Water Reclamation Plant is the major plant providing wastewater treatment service to the Denton residents and parts of surrounding cities. The plant is permitted to treat 21 million gallons per day (mgd) average daily flow and 46 mgd 2-hour peak flow. The average daily plant flows for 2017 were 14.18 mgd. The Texas Commission on Environmental Quality (TCEQ) 75% and 90% capacity rules determine when plant capacity has to be added to accommodate higher flows. The 75% rule states that when plant flows reach 75% of permitted capacity (15.75 mgd), design for increased capacity should begin. When flows reach 90% of permitted capacity (18.9 mgd), construction for increased capacity must begin. The table below shows the actual and projected plant average daily flows for the PCWRP Population Plant Flows Projected Flows ЋЉЊЍ ЊЋЉͲБЋЉ ЊЌ͵ЎЉ ЋЉЊЎ ЊЋЌͲЋЉЉ ЊЎ͵ВБ ЋЉЊЏ ЊЋЎͲВБЉ ЊЏ͵АЉ ЋЉЊА ЊЋБͲЊЏЉ ЊЍ͵ЊБ ЋЉЊБ ЊЌЉͲАЋЌ ЊЍ͵ЎЊ ЋЉЊВ ЊЌЌͲЌЌБ ЊЍ͵БЉ ЋЉЋЉ ЊЌЏͲЉЉЍ ЊЎ͵ЊЍ ЋЉЋЊ ЊЌБͲАЋЎ ЊЎ͵ЍЉ ЋЉЋЋ ЊЍЊͲЍВВ ЊЎ͵АЊ ЋЉЋЌ ЊЍЍͲЌЋВ ЊЏ͵ЉЋ Based on the projected wastewater average daily flows, the capacity expansion for additional wastewater treatment threshold (75% rule, 15.75 mgd) will be reached sometime in the 2021 2023 window. Planning for this capacity expansion (which occurs before plant capacity design begins) can take several years. This planning includes water quality modeling of the receiving stream and working with the TCEQ to obtain a discharge permit based on water quality modeling results. Staff performed an initial evaluatineeds and determined the most economical alternative was to construct a new plant in the Hickory Creek Basin. Water quality modeling is currently being done to determine discharge permit criteria for Hickory Creek that would be acceptable to TCEQ. Population and wastewater flow projections show 24 mgd average daily flow for the full buildout of the Hickory Creek Basin. Considering the population growth and anticipated plant capacity needs, the best approach for the Hickory Creek basin would be three 8 mgd plant modules constructed over time. However, wastewater treatment costs have escalated dramatically over the last several years, and the initial 8 mgd module costs are currently estimated at 80 100 million dollars. Staff believes this is a moderately conservative estimate, since the Hickory Creek water quality model may show the need for higher than anticipated treatment, resulting in increased plant costs. Due to the large costs associated with the first Hickory Creek basin module, staff chose to research the possibility of capacity expansion using the existing PCWRP. Initial research indicated that enhanced treatment technologies may make it possible to increase treatment capacity of the PSRWP by as much as 5 mgd using the existing plant footprint. These treatment technologies are currently used in Europe and Canada and are beginning to be used in the United States. If successful, the cost for increasing capacity will be much lower than constructing a new plant and will defer new plant construction in the Hickory Creek Basin to a much later date, possibly around 2040. The TCEQ recently implemented a new phosphorus permit limit in order to reduce the amount of phosphorus being discharged from the PCWRP. Meeting this new limit required upgrades to plant processes and implementing new treatment technologies. To evaluate the best scenario to address the permit limit, staff worked with Hazen and Sawyer (Hazen) in 2015-16 to develop a Biowin computer process model of the plant. This model was developed and calibrated for the PCWRP, and is specifically designed to model plant processes and treatment technologies. When Hazen was performing the work needed to develop the model, including the computation fluid dynamics modeling, some irregularities were discovered in Raw Sewage Pump Station No. 2 (RSPS2) that warranted additional analyses. The first amendment was enacted to perform an extensive evaluation of the Pump Station, and the resulting analyses indicated that RSPS2 had hydraulic and structural deficiencies that were in imminent need of correction. Since RSPS2 provides the redundancy needed to maintain plant pumping capabilities at all time, staff requested a second amendment to complete the design work needed to correct these problems and perform additional work to optimize the chemical feed to accomplish phosphorus removal. An emergency purchase order was then enacted with separate firms to facilitate the most expedient repairs possible for RSPS2. Staff is proposing a third amendment to use the existing model developed by Hazen to evaluate the feasibility of using advanced treatment technologies to improve the treatment capacity of the PCWRP and postpone the large capital investment associated with a new plant. Staff worked with Hazen to develop a project scope and then negotiated a consultant fee for evaluating the enhanced treatment technologies outlined in the scope. Generally, these enhanced treatment technologies address both the primary and secondary components of the plant treatment process, and also include solids handling design work. Hazen is primarily tasked with completing a feasibility assessment that evaluates multiple plant treatment elements to determine, through modeling, whether one or more of the enhanced treatment processes can provide the additional plant capacity required. The feasibility assessment will include a planning level opinion of probable construction cost and a 20-year lifecycle cost comparison. The estimated cost of the negotiated scope is $88,984. The modeling cost is $58,126, and the solids handling design cost is $30,858. This is a favorable cost because of the with the PCWRP system and the plant process model that the firm developed and calibrated specifically for the PCWRP. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On December 8, 2014, the Public Utilities Board recommended the contract with Hazen and Sawyer, P.C. in the amount of $136,017 to the City Council for consideration. On January 6, 2015, Council approved the contract with Hazen and Sawyer, P.C. in the amount of $136,017 (Ordinance 2015-003). On December 3, 2015, the Purchasing Manager approved the First Amendment in the amount of $21,508. On March 14, 2016, PUB recommended the Second Amendment in the amount of $124,650. On April 5, 2016, Council approved the Second Amendment in the amount of $124,650 (Ordinance 2016- 097). On August 13, 2018, PUB recommended the Third Amendment to the City Council for consideration. RECOMMENDATION Staff recommends the approval of the third amendment for additional Pecan Creek Water Reclamation Plant process modeling to evaluate and model process upgrade technologies, and develop cost estimates for possible capacity expansion of the Pecan Creek Water Reclamation Plant in the amount of $88,984, for a total amended contract amount of $371,159. PRINCIPAL PLACE OF BUSINESS Hazen and Sawyer, P.C. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This project is projected to take four months to complete. FISCAL INFORMATION These services will be funded from Account 640380541. PO # 171438 will be revised to include the third amendment upon approval. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.3 Promote superior utility services and facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Third Amendment Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: P. S. Arora, 940-349-7189. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1307,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractforthesupplyofelectricutilitytapefortheCityofDenton DistributionCenter;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(IFB6768- awardedtoTechline,Inc.,forone(1)year,withtheoptionfortwo(2)additionalone(1)yearextensions,ina total not-to-exceed amount of $75,000 for all years). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, accepting competitive bids and awarding a contract for the supply of electric utility tape for the City of Denton Distribution Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 6768- awarded to Techline, Inc. for one (1) year, with the option for two (2) additional one (1) year extensions, in a total not-to-exceed amount of $75,000 for all years). INFORMATION/ BACKGROUND This Invitation for Bid (IFB) is to supply electric utility tape to the Distribution Center primarily for Denton Municipal Electric (DME) use; however, smaller tape quantities are also utilized by other City of Denton Departments. This IFB consists of twelve different line items needed for various uses and applications. A large majority of taped electrical connections used on the electric utility system are located outdoors; therefore, a quality electrical tape is specified which is able to withstand extreme heat and cold, while retaining its elasticity, corrosion resistance, and moisture-tight tacky adhesive which is needed for proper function of the electrical and mechanical tape purposes. The most commonly used line items are line items 3 and 4, which provide both a 3/4inch wide and a 2inch wide Super 88 Tape (see image below). These commonly used electrical tapes provide separation or dielectric insulation for an energized conductor and prevent it from touching another energized cable or a grounded surface. The Red, White and Blue colored dielectric tapes are used by DME to mark and differentiate various phase conductors needed for proper clockwise or counter clockwise rotation of electric three-phase motors. The Brown, Orange, Yellow, and Green tapes are common colors for marking low voltage secondary cables. Invitation for bids were sent to 96 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Five (5) bids meeting specification were received (Exhibit 2). The lowest bid was received by Techline, Inc. RECOMMENDATION Award a contract with Techline, Inc., for the supply of electric utility tape for the City of Denton Distribution Center, in a one (1) year contract with options to extend the contract for two (2) additional one (1) year periods and a not-to-exceed amount of $75,000. PRINCIPAL PLACE OF BUSINESS Techline, Inc. Fort Worth, Texas ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These items will be funded out of the Distribution Center Working Capital account and charged back to the using department. STRATEGIC PLAN RELATIONSHIP 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: Organizational Excellence Related Goal: 2.3 Promote superior utility services and City facilities EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Cassandra Ogden at 940-349-7195. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1308,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteabestvaluecontractforthesupplyofprivatePropertyMaintenance withWeldon’sLawnandTree,LLC,fortheCityofDenton;providingfortheexpenditureoffundstherefor; andprovidinganeffectivedate(IFBBV6786-awardedtoWeldon’sLawnandTree,LLC,forone(1)year,with the option for two (2) additional one (1) year extensions not-to-exceed amount of $165,000). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager to execute a best value contract for the supply of private Property Maintenance with , for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFBBV 6786- awarded to and Tree, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions not-to- exceed amount of $165,000). BID INFORMATION /BACKGROUND In an effort to eliminate blight on private properties in the community, it is important that the City continue to abate public health and safety nuisances as permitted by the Texas Health and Safety Code, Chapter 342 and the Denton Property Maintenance Code, Chapter 17. To that end, the City awards the Property Maintenance contract to an outside vendor to address unabated property maintenance violations. The services outlined in this contract are not performed on an established cyclical basis but rather on an as-needed basis via a work order. The contractor provides a price for individual services such as mowing a 20,000 sf lot or removing 10 cubic yards of debris from a parcel. This unit pricing includes all fees and costs of providing the service. Over the past three years, the average number of work orders issued to abate private property nuisances is 245. Based on to-date work order issuances, we will meet or exceed that number in FY17-18. The contracted nuisance abatement workload is highest between April and October. Invitation for Bids was sent to 346 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) bids meeting specification were received (Exhibit 2). The lowest bid was received by . eat and edge parcels with grass and weeds growing in will also remove trash, debris, and litter from parcels. RECOMMENDATION Award a contract with , LLC, for private Property Maintenance for the City of Denton, in a three (3) year not-to-exceed amount of $165,000. PRINCIPAL PLACE OF BUSINESS Lawn and Tree, LLC Rockwall, TX ESTIMATED SCHEDULE OF PROJECT This is an initial one (1) year contract with options to extend the contract for two (2) additional one (1) year periods, with all terms and conditions remaining the same. FISCAL INFORMATION These services will be funded from Community Improvement Services general fund account 330001.7879. Requisition # 139248 has been entered into the Purchasing software system for FY18-19 in the amount of $55,000. STRATEGIC PLAN RELATIONSHIP The City -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Livable & Family-Friendly Community Related Goal: 4.2 Seek clean and healthy neighborhoods in Denton EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lancine Bentley at 940-349-7489. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1355,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheapprovalofafirstamendmenttoaservicecontractbetweentheCityofDentonandLabor Finders,fortemporarylaborservicesforvariousCityofDentondepartments,amendingthecontractapproved byCouncilonOctober21,2014,intheamountof$1,400,000;providingfortheexpenditureoffundstherefor; andprovidinganeffectivedate(RFP5556-providingforanadditionalexpenditureamountofnot-to-exceed $350,000 for a total contract amount not-to-exceed $1,750,000). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a contract between the City of Denton and Labor Finders, for temporary labor services for various City of Denton departments, amending the contract approved by Council on October 21, 2014, in the amount of $1,400,000; providing for the expenditure of funds therefor; and providing an effective date (RFP 5556- providing for an additional expenditure amount not-to-exceed $350,000 for a total contract amount not-to-exceed $1,750,000). RFP INFORMATION /BACKGROUND This contract is for temporary employment services to be utilized by various City departments on an as needed basis. This includes administrative support, general labor, CDL driver, and light equipment operator positions. Currently Solid Waste is using this contract for general laborers for various tasks at landfill operations. Parks utilizes the contract for general laborers for special events and other various maintenance projects as needed. The Traffic department utilizes the contract for general laborers to perform ancillary activities such as placing and removing traffic control (cones, signs, etc.) for City staff while they are installing/removing/replacing signs and pavement markings along City streets. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On October 21, 2014, City Council approved an agreement with Labor Finders in the amount of $1,400,000 (Ordinance No. 2014-336) RECOMMENDATION Approve first amendment of the service contract with Labor Finders in the not-to-exceed amount of $350,000 for a revised contract not-to-exceed amount of $1,750,000. PRINCIPAL PLACE OF BUSINESS Labor Finders Denton, TX ESTIMATED SCHEDULE OF PROJECT Award extension through December 31, 2018. A new RFP is being drafted to post and award by December 2018 when the current contract expires. FISCAL INFORMATION The job positions provided through this contract are funded from department operating accounts. Purchase orders are issued as the services are needed. STRATEGIC PLAN RELATIONSHIP -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: Organizational Excellence Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: First Amendment Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell, 940-349-7100. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1364,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheapprovalofafirstamendmenttoaProfessionalServicesAgreementbetweentheCityof DentonandKimley-HornandAssociates,Inc.,forengineeringservicesrelatedtothereviewofdevelopment projectsfortheCityofDenton,amendingthecontractapprovedbytheCityManageronJune7,2018,inthe amountof$95,000;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFQ6590 -020-providingforanadditionalexpenditureamountnot-to-exceed$32,000foratotalcontractamountnot-to- exceed $127,000). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the approval of a first amendment to a Professional Services Agreement between the City of Denton and Kimley-Horn and Associates, Inc., for engineering services related to the reviewof development projects for the City of Denton, amending the contract approved by the City Manager on June 7, 2018, in the amount of $95,000; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6590-020 providing for an additional expenditure amount not-to-exceed $32,000 for a total contract amount not-to-exceed $127,000). BACKGROUND INFORMATION The City of Denton had a turnover in staff approximately one year ago that reduced the capacity of the Engineering Review Group. The reduction in staff came at a time of increased development activity within the City jurisdictional and extra-jurisdictional limits. As such, unsustainably high workloadson remaining staff have negatively impacted review efficiency, accuracy, and timeliness. On November 14, 2017, City Council adopted an ordinance, authorizing a PSA for engineering services related to the review of development projects, File 6629 awarded to Kimley-Horn and Associates, Inc. (KHA) in the not-to-exceed amount of $175,000. This amount was reached in early April. As presented to City Council on August 6, 2018, a Request for Qualifications for development review and process evaluation was advertised in April and May, 2018, with the intent of replacing the KHA contract. Staff is currently in the process of negotiating a contract with the finalist. In order to continue to facilitate the growing number of private development project reviews, a new PSA for engineering services was executed (RFQ #6590-020 awarded to KHA in the not-to-exceed amount of $95,000). This amount was expected to last until a new consultant was selected. However, development activity has continued to increase which has, in turn, drawn down the current KHA contract faster than anticipated. As such, it is necessary to continue augmenting staff with the capable and experienced licensed professional engineers provided by KHA. This First Amendment to the PSA recommended by staff provides a temporary solution for the City to maintain development review capacity until the finalist for the new RFQ can be hired and deployed. On November 3, 2017, the City began advertising a Request for Qualifications for Professional Engineering Services to include development review, project management, roadway and intersection design, traffic signal and street light design, wastewater design, water system design and storm water design. On March 6, 2018, City Council approved a pre-qualified firm list for four of the disciplines, including development review (RFQ 6590, Engineering Services). KHA is one of the firms on the list for development review. PRIOR ACTION/REVIEW On March 6, 2018, and June 5, 2018, Council approved RFQ 6590 for a prequalified list of professional engineering firms (Ordinance 2018-331). On June 7, 2018, the City Manager approved RFQ #6590-020 a Professional Services Agreement for engineering services related to the review of development projects in the amount of $95,000. RECOMMENDATION Approve a First Amendment to RFQ 6590-020 for the review of private development projects within the City of Denton to Kimley-Horn and Associates, Inc., in an amount not-to-exceed $32,000 for a total contract award amount not-to-exceed $127,000. PRINCIPAL PLACE OF BUSINESS Kimley-Horn and Associates, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT The proposed professional services are estimated to be for one (1) month but may continue until the approved funding amount has been exhausted or the new RFQ for development review and process evaluation has been awarded. FISCAL INFORMATION These services will be funded from Engineering Services Outside Contracting Services account 840300- 7854. Purchase Order #185965 has been entered in the Purchasing software system. STRATEGIC PLAN RELATIONSHIP The City of De 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: Organizational Excellence Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Contract Exhibit 3: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Todd Estes at 940-349-891 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:A18-0001e,Version:1 AGENDA CAPTION Conductthesecondoftworeadings,andconsideradoptionofanordinanceoftheCityofDentonfora voluntaryannexationofapproximately47.466acresoflandgenerallylocatedonthesouthsideofE.Ryan Road, east of the intersection of E. Ryan Road and Andrew Avenue by the City of Denton, Texas. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 21, 2018 SUBJECT Conduct the second of two readings, and consider adoption of an ordinance of the City of Denton for a voluntary annexation of approximately 47.466 acres of land generally located on the south side of E. Ryan Road, east of the intersection of E. Ryan Road and Andrew Avenue by the City of Denton, Texas. (A18-0001, Creekside, Cindy Jackson) BACKGROUND The applicant, Thomas Fletcher, on behalf of the property owner, DD Creekside Ltd., has submitted an annexation application to voluntarily annex approximately 47.466 acres of land. This voluntary annexation complies with Subchapter C-3, Chapter 43 of the Texas Local Government Code. A Pre-Annexation Development Agreement (PADA) between the City and the property owners was approved in 2016 (See Attached as Exhibit 4). The PADA will require the property owner to apply for voluntary annexation of Tract 1C within ten working days of plat approval. The plat for the Creekside Addition was approved on March 21, 2018 and this application was submitted within the required ten working days. In reviewing the proposed annexation, staff considered the following: 1. The ability of the city to provide infrastructure and public services equal to other comparable areas inside the city limits. extended along Ryan Road frontage as part of this development. located at Stoneway Drive and Riverchase Trail, approximately Developer has agreed for payment in lieu of perimeter street improvements to Ryan Road, which is classified as an arterial road. The developer also agreed to a street connection to Creekdale Drive, which is classified as a collector as stipulated in the pre-annexation agreement. Site drainage is directed to adjacent creek. Drainage improvements only include what is needed for site to function, and will be the responsibility of the Developer. Any improvements due to the impact of this development will be constructed at the Developers expense. DME has an underground three-phase 4/0 line along the frontage of the property. Solid Waste will add this property to existing routes. Policing of the subject site would comply with required response times. Fire and EMS services to the site would comply with required response times. Station #6 is located 2.9 miles from the subject site. Per the PADA, this tract will receive a 50% credit towards required Park Land Dedication Fees due to the following: o Substantial private park and recreational area is being provided; o Private park and recreational area is to be privately maintained by a agreements, covenants, and restrictions; o The use of open space is restricted for park and recreation purposes by recorded covenant; o Private park and recreational area is suitable for this use; o Proposed facilities include, but are not limited to: Landscape park-like and quiet areas, Family picnic area, Turf playfield, and Swimming pool. 2. The reliability, capacity, and future public cost, if any, of current and planned provisions for community facilities, including but not limited to roads, drainage, and utilities. The Developer agrees to contribute a total sum of $589,100 in the form of perimeter street improvements. 3. The need and quality of land use and building controls. Section 6.3.1 of the PADA states that the site will be developed in accordance with the Denton Development Code (DDC) for the Neighborhood Residential 2 (NR-2) district with some modifications as noted in the agreement. Design criteria for the entire site, including tree preservation, development regulations, and site design standards are included in the PADA (Exhibit 4). 4. Conformance with the Land Use Element of the The subject property is designated as Low Residential on the Future Land Use Plan. The applicant is proposing to develop a single family subdivision in conformance with the NR- 2 district on this site. The site as planned conforms to the Land Use Element of the Denton Plan 2030. 5. Impact on the City, both current and long range, including at a minimum. Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above. 6. The property meets the minimum requirements for annexation in accordance with state law. The property complies with all minimum requirements for annexation as set forth by the Texas Local Government Code as stated in Chapter 43, Subchapter C-1, Annexation Procedure for Areas Exempted from Municipal Annexation Plan. The tentative schedule for this annexation is as follows: stnd May 8, 2018 - City Council meeting setting the 1 and 2 public hearing dates and authorizing the publication of notice of the public hearings - Completed st June 12, 2018 1 Public Hearing - Completed nd June 26, 2018 2 Public Hearing - Completed July 17, 2018 First Reading of the Annexation Ordinance - Completed July 18, 2018 Publication of the Annexation Ordinance in the newspaper - Completed August 21, 2018 - Second Reading and Adoption of the Annexation Ordinance PRIOR ACTION/REVIEW (Council, Boards, Commissions) August 23, 2016, the City Council adopted Ordinance No. 2016-251 authorizing the PADA. On May 8, 2018, the City Council adopted an ordinance setting the first and second public hearing dates and authorizing the publication of notice of the public hearings. On June 12, 2018, the City Council held the first public hearing for the requested annexation. On June 26, 2018, the City Council held the first public hearing for the requested annexation. On July 17, 2018, the City Council held the First Reading of the annexation ordinance. STRATEGIC PLAN RELATIONSHIP n-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Site Location Map 3. Existing Zoning Map 4. Ordinance 2016-251, Pre-Annexation Agreement 5. Staff Presentation 6. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner A18-0001 Site Location 02555101,020 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 4/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. A18-0001 Existing Zoning Map NR-2 RD-5X NRMU NR-3 NR-6 ETJ CM-G NR-4 02555101,020 Feet SITECM-GNR-4 µ ETJNR-6 Parcels NR-2NRMU Roads NR-3RD-5X Date: 4/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1158,Version:1 AGENDA CAPTION Consider nominations/appointments to the City’s Economic Development Partnership Board. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CM/ DCM/ ACM: Bryan Langley DATE: August 21, 2018 SUBJECT BACKGROUND The City Council appointed a Nominating Committee at the July 17, 2018, meeting that was charged with recommending nominees to serve on the Economic Development Partnership Board (EDPB). Nominating Committee members are Mayor Pro Tem John Ryan, Councilmember Paul Meltzer, and Chamber member Lee Ramsey. EDPB members serve two-year terms and may serve as many as three terms. The ordinance requires that themembers fall into specific categories when they are appointed to the Board (see chart below). The City Manager, the President of the Chamber of Commerce, and the DISD Superintendent serve as ex-officio members and have no defined terms of service. Member Category Term Expires Marty Rivers, Chair Chamber of Commerce 2018 (eligible) John Baines, Vice Chair Denton Black Chamber of 2019 Commerce Bob Eames Aviation 2019 Jill Jester Chamber of Commerce 2019 Keely G. Briggs City Council 2019 Gerard Hudspeth City Council 2018 (eligible) Steve Edgar Top 20 Taxpayer 2018 (eligible) Jim Fykes Top 20 Taxpayer 2019 (ineligible) Neal Smatresk* UNT President 2018 (eligible) Carine Feyten* TWU Chancellor/President 2018 (eligible) Jimmy Mejia Denton Hispanic Chamber of 2018 (eligible) Commerce Carrell Ann Simmons At Large 2018 (ineligible) *The President of UNT and the Chancellor/President of TWU or his/her designee are not restricted to the three-term limit. However, such member must be reappointed by the City Council for each term. The Nominating Committee offers the following slate of nominees to the City Council: Marty Rivers, Chamber of Commerce Gerard Hudspeth, City Council Steve Edgar, Top 20 Taxpayer Neal Smatresk, UNT President Carine Feyten, TWU Chancellor/President Jimmy Mejia, Denton Hispanic Chamber of Commerce Chris Davis, Top 20 Taxpayer (new nominee) Tony Clark, At Large (new nominee) Chris Davis, Plant Manager at Peterbilt, replaces Jim Fykes, who has retired from Peterbilt. Tony Clark, Regional CEO at Independent Bank Group, replaces Carrell Ann Simmons, who has reached her term limit. PRIOR ACTION/REVIEW (Council, Boards, Commissions) July 17, 2018 Council selected the EDPB Nominating Committee. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.1 Develop targeted policies and incentives to achieve desired economic growth EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Economic Development Partnership Board Ordinance (2017-203) Exhibit 2 Presentation Respectfully submitted: Caroline Booth Director of Economic Development City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1177,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionfortheappointmentofonemembertotheBoardofManagersoftheDenco Area 9-1-1 District; and declaring an effective date. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: Bryan Langley DATE: August 21, 2018 SUBJECT Consider approval of a resolution for the appointment of one member to the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. BACKGROUND The Denco Area 9-1-1 District was created in 1987, and is governed by a board of managers appointed by the County, participating cities, and the Denton County Fire Chief's Association. Each year, the term of one of the two members appointed by participating municipalities expires. This year, the term of Jim Carter expires on September 30, 2018. Mr. Carter has served two terms. Board members serve in two-year staggered terms and are eligible for reappointment. On June 12, 2018, the City Council nominated Ms. Linda Hapeman to the slate of nominees. On Friday, August 17, 2018 staff received notice from Ms. Hapeman that she wished to withdraw her name from consideration from the Board of Managers appointment. On June 16, 2018, the City received notice (Exhibit 2) from the District requesting that the City vote for one of the nominees on the slate of nominees and advise them of its selection, if any, prior to September 15, 2018. Four nominees for the position were submitted by area cities. The nominees are: Jim Carter, Brandon Barth, Linda Hapeman (who has since asked to be withdrawn from consideration), and David Terre. The resumes of the nominees are included in Exhibit 2. representative -year term beginning October 1, 2018. RECOMMENDATION None. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 15, 2018, the City Council nominated Ms. Linda Hapeman to the slate of nominees. STRATEGIC PLAN RELATIONSHIP -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: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1. Agenda Information Sheet 2. Denco 9-1-1 Letter dated June 16, 2018 3. Current Denco 9-1-1 Board of Managers 4. Resolution Respectfully submitted: Rachel Wood Assistant to the City Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1231,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagerorhisdesigneetoexecuteacontractforthepurchaseofRadioSystemhardware, toincludeproductsandservices,andsupportandmaintenancefortheCityofDenton,whichisavailablefrom Houston-GalvestonAreaCouncilofGovernments(H-GAC)CooperativePurchasingContract#RA05-18and inaccordancewiththeprovisionsofTexasLocalGovernmentCode271.083,providingthestatutoryauthority forthecitytoparticipateintheCooperativePurchasingProgram;providingfortheexpenditureoffunds therefor;andprovidinganeffectivedate(File6832-awardedtoMotorolaSolutions,Inc.,inthefive(5)year not-to-exceed amount of $7,713,284). City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Materials Management CM: Todd Hileman DATE: August 21, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, a Texas home-rule municipal corporation, authorizing the City Manager or his designee to execute a contract for the purchase of Radio System hardware, to include products and services, and support and maintenance for the City of Denton, which is available from Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Prop. # RA05-18/contract #18-00196; providing for the expenditure of funds therefor; authorizing the City Manager or his designee to negotiate and execute an agreement with Denton County and/or the City of Lewisville to facilitate coverage testing of the radio system; and providing an effective date (File 6832- awarded to Motorola Solutions, Inc., in the six (6) year not-to-exceed amount of $7,698,901). BACKGROUND The City of Denton has operated a 14 channel, two site Motorola Smartnet II Radio system since 1997 with additional upgrades in 2001. The radio system is supported by two tower sites at McKenna Park and Teasley Lane (owned by Denton County). Over 1,500 radios actively use the radio system supporting, ice department. Currently, the system is facing significant end of life issues with the backbone infrastructure of the radio system, dispatch consoles and handheld radios. Vendor support of these items are no longer supported or will cease support after December 2018. In addition, the system is not compliant with the Project 25 (P25) interoperability standards. While there is no present consequence for non-compliance, implementation of the P25 standards will enhance interoperability with Public Safety and others within Denton County. P25 is a set of standards for digital radio communications for use by federal, state, and local public safety agencies in North America to enable them to communicate with other agencies and mutual aid response teams in emergencies. The system faces four primary issues described below: 1. ISSUE: The radio backbone has reached technological end of life (EOL). This means that Motorola will discontinue support of the SmartnetII Radio system. New parts and components are no longer available. 2. ISSUE: The Public Safety 911 Gold Elite dispatch radio console systems are approaching EOL. Motorola will end support of this system effective December 31, 2018. Microsoft has discontinued support of the XP operating system as of April of 2014. Software updates and repair service will not be available from Motorola after December 2018. 3. ISSUE: Project 25 (P25 Phase 1 and Phase 2) are the national standards for digital radio communication interoperability. The current radio system is not fully P25 compliant. 4. ISSUE: The system lacks redundancy, failure or damage to one tower would limit system capabilities. Staff has contracted with Mission Critical Partners (MCP) to perform a comprehensive system assessment and to develop complete and comprehensive documents which will include all technical, functional and performance requirements of radio users. MCP recommends the city of Denton to move towards Denton ture and also provide interoperability with Denton county and other cities. Motorola is able to provide project discounts of $3,050,509. Motorola will be providing the following equipment and services to the City of Denton. Equipment Total $ 6,943,190 Turnkey Implementation Services Total $1,639,852 Warranty wrap (Year 1 ) Included System Discount based on HGAC Contract ($1,322,509) Pricing Incentive valid for PO and contract ($1,000,000) execution by 08/31/2018 Management Discount valid for PO and contract ($475,000) execution by 08/31/2018 Pricing Incentive for staging and shipment prior ($253,000) to 09/28/2018 System Total after all incentives $5,532,533 Post Warranty - Maintenance and System Upgrades Year 2 $ 424,241 Year 3 $ 438,302 Year 4 $ 453,063 Year 5 $ 468,560 Year 6 $ 484,828 Pricing Incentive for long term maintenance ($102,626) contract $7,698,901 Project Total These items will be purchased through the Houston-Galveston Area Council of Governments (H-GAC) Cooperative Purchasing Program Prop. #RA05-18/Contract #18-00196. Pricing obtained through the Houston-Galveston Area Council of Governments (HGAC) Cooperative Purchasing Program has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. The ability to communicate with surrounding public safety agencies. Radio interoperability is crucial during multi-agency and multi-jurisdiction response to large emergency incidents and disasters. Existing Denton County towers will provide needed coverage that will address gaps in the city and in the ETJ. Coverage problems that exist in southwest portion of the city would be eliminated by the county tower on FM407. New radios possess noise-cancelling technology to enhance voice quality. Advanced affordable encryption for law enforcement use. o Enhances security during sensitive operations. Global positioning system (GPS) feature enhances the safety of personnel by allowing real-time monitoring of personnel location. Doubles the system capacity from 13 talk paths to 26 talk paths. Enhanced system redundancy. Currently, Denton county and DENCO 911 operate a shared microwave system that is already available on the Teasley tower. By joining that system, the city of Denton will have a backup connection in case the primary connection experiences a failure. As part of this project, this will require an interlocal agreement between Denton County and City of Lewisville who are Infrastructure members of the Denton County Regional Radio System. This agreement will integrate all three systems, allowing mutual benefit by providing seamless communications between public safety agencies and support for both day-to-day operations, as well as emergency situations. In addition, this partnership will improve the ability to coordinate operations during events such as Denton Arts & Jazz Festival. Additionally, interlocal agreements will need to be established with University of North Texas and Texas Due to the complexity of both the project and the interlocal agreements, the City Council may authorize the City Manager and staff to negotiate and execute limited interlocal agreements with Denton County and the City of Lewisville related to testing and validating the integrations between the city of Denton radio system and the Denton County Regional Radio system. During this time, staff will continue to work on comprehensive interlocal agreements for long-term operational roles of the City and other entities, which Council will consider at a future meeting. RECOMMENDATION Award the purchase of Radio System hardware, to include products and services, and support and maintenance year to Motorola for a six (6) year not-to-exceed amount of $7,698,901. Authorize the City Manager to negotiate and execute an interlocal agreement with Denton County and/or the City of Lewisville related to coverage testing of the Denton radio system with the Denton County Regional Radio System. PRINCIPAL PLACE OF BUSINESS Motorola Solutions, Inc. Chicago, IL ESTIMATED SCHEDULE OF PROJECT Fiscal year 18/19 thru fiscal year 19/20 FISCAL INFORMATION Funding will be provided through certificates of obligation. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.1 Enhance public safety in the community EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Presentation Exhibit 3: Contract Exhibit 4: Ordinance Respectfully submitted: Lori Hewell Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft, Chief Technology Officer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1305,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoardsandCommissions:Health&BuildingStandards Commission;HistoricLandmarkCommission;LibraryBoard;TrafficSafetyCommission;ZoningBoardof Adjustment;CityHallWestSteeringCommittee;OakGatewayAreaPlanSteeringCommittee;andDowntown Denton TIF Reinvestment Zone No. 1 Board. City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office DCM: Bryan Langley DATE: August 21, 2018 SUBJECT Consider nominations/appointments to the City’s Boards and Commissions: Health & Building Standards Commission; Historic Landmark Commission; Library Board; Traffic Safety Commission; Zoning Board of Adjustment; City Hall West Steering Committee; Oak Gateway Area Plan Steering Committee; and Downtown Denton TIF Reinvestment Zone No. One Board. BACKGROUND Nominations/appointments for the City’s Boards and Commissions were considered at the August 7 Council meeting. Exhibit 2 includes the remaining vacancies for Boards and Commissions plus nominations Council has submitted for consideration. The City Hall West Steering Committee, the Oak Gateway Area Plan Steering Committee, and the Downtown Denton TIF Reinvestment Zone No. One Board have been added for Council consideration. Any additional nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Nominations Sheet Respectfully submitted: Jennifer Walters City Secretary BOARDANDCOMMISSIONNOMINATIONS BoardCouncilMemberNomination LƷźƭƭƷğŅŅ͸ƭƩĻĭƚƒƒĻƓķğƷźƚƓƷŷğƷƷŷĻ/źƷǤ/ƚǒƓĭźƌƭŷƚǒƌķ źƓĭƌǒķĻƒĻƒĬĻƩƭǞŷƚƩĻƦƩĻƭĻƓƷƷŷĻķĻǝĻƌƚƦƒĻƓƷ ĭƚƒƒǒƓźƷǤźƓƚƩķĻƩƷƚĬƩźƓŭƷŷĻźƩƦĻƩƭƦĻĭƷźǝĻğƓķ ĻǣƦĻƩƷźƭĻƷƚƷŷĻ/ƚƒƒźƷƷĻĻƒĻĻƷźƓŭƭ͵LƓğķķźƷźƚƓͲ ĬĻĭğǒƭĻƷŷĻƩĻźƭğƌğĭƉƚŅƩĻƦƩĻƭĻƓƷğƷźƚƓŅƩƚƒ{ǒĬğƩĻğƭЋ ğƓķЌ/źƷǤ/ƚǒƓĭźƌƭŷƚǒƌķźƓĭƌǒķĻƒƚƩĻƒĻƒĬĻƩƭǞŷƚƌźǝĻͲ ǞƚƩƉƚƩŷğǝĻƭƦĻĭźŅźĭźƓƷĻƩĻƭƷƭźƓƷŷĻƭĻƷǞƚƭǒĬğƩĻğƭ͵ 1 2 3 1 2 3ȟ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:PDA18-0004a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceregardingaDetailPlanforPlannedDevelopment 176(PD-176)Districttodepictanautolaundryfacilityonapproximately2.13acres.Thepropertyisgenerally locatedonthewestsideofNorthFM2499,approximately760feetnorthofHickoryCreekRoadintheCityof Denton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof$2,000.00forviolations thereof;providingaseverabilityclauseandaneffectivedate.(PDA18-0004a,CleanandGreenCarWash, Hayley Zagurski). City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 21, 2018 SUBJECT Hold a public hearing and consider approval of an ordinance regarding a Detail Plan for Planned Development 176 (PD-176) District to depict an auto laundry facility on approximately 2.13 acres. The property is generally located on the west side of North FM 2499, approximately 760 feet north of Hickory Creek Road in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (PDA18-0004a, Clean and Green Car Wash, Hayley Zagurski). BACKGROUND The applicant has requested a Detailed Plan approval for a car wash in Planned Development 176 (PD-176) District, also known as Wheeler Ridge. In accordance with the 1991 Development Code, planned developments require approval of a Concept Plan and a Detailed Plan prior to development. The Concept Plan for PD-176 District was approved in 2000, but at that time, a Detailed Plan for the site was not contemplated. Currently, in anticipation of a proposed development, a Detailed Plan has been submitted for a car wash. A full staff analysis is attached in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of the request with the following conditions as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030: 1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan shall be provided with the building permit application demonstrat site lighting requirements in Section 35.13.12. 2. Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. No illuminated wall signs may face an adjoining single-family use. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On October 5, 1999, City Council approved Ordinance 99-367, establishing PD-176 and approving development standards and a general Concept Plan for 168.57 of land. On June 20, 2000, City Council approved Ordinance 2000-216, which amended ordinances 99-257, 99- 367, and 99-405 to provide a detail plan for approximately 253 acres of land within PD-170, PD-172, and PD-176. The detail plan specifically excluded two tracts intended for commercial development, one of which includes the subject property. At a public hearing on July 25, 2018 the Planning and Zoning Commission recommended approval \[4-0\] of the request with the following conditions: 1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan site lighting requirements in Section 35.13.12. 2. Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. No illuminated wall signs may face an adjoining single-family use. 3. The height of the proposed masonry screening wall shall be 8 feet. At the public hearing the applicant, the project engineer, and two representatives of the previous property owner spoke in favor of the request. Two individuals filled out cards opposing the request but did not speak, and seven individuals from the surrounding neighborhoods spoke in opposition of the request. Concerns expressed by the neighbors included increased noise, increased traffic cutting through the neighborhoods, increased crime, and decreased property values. In response to the noise concerns, the Planning and Zoning Commissioners voted to recommend increasing the height of the proposed screening wall from 6 feet to 8 generate little noise and explaining that the car wash would not operate 24 hours a day. STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Proposed Site Plan 7. Proposed Landscape Plan 8. Proposed Elevations 9. Notification Map and Responses 10. Planning and Zoning Commission Meeting Minutes 11. Presentation 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski Senior Planner Њ Minutes Ћ Planning and Zoning Commission Ќ July 25, 2018 Ѝ Ў After determining that a quorum was present, the Planning and Zoning Commission of the City of Џ Denton, Texas convened in a Work Session on Wednesday, July 25, 2018 at 5:00 p.m. in the А City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which Б time the following items were considered: В ЊЉ PRESENT: Chair Jim Strange. Commissioners: Alfredo Sanchez, Larry Beck, and Margie Ellis. ЊЊ ЊЋ ABSENT: Commissioner: Steve Sullivan, Tim Smith, and Andrew Rozell. ЊЌ ЊЍ STAFF: Athenia Green, Hayley Zagurski, Julie Wyatt, Scott McDonald, Ron Menguita, ЊЎ Richard Cannone, Cindy Jackson, Sean Jacobson, and Jerry Drake. ЊЏ ЊА Chair Strange called the Work Session to order at 5:05 p.m. ЊБ ЊВ WORK SESSION ЋЉ ЋЊ 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity ЋЋ for Commissioners to ask questions of staff on the Consent and Regular Agenda items, ЋЌ which may include a full briefing on an item in the order it appears on the regular session ЋЍ agenda. Any such briefing will be repeated in regular session. ЋЎ ЋЏ Chair Strange stated Item for Individual Consideration 4A has been withdrawn, no action will be ЋА taken. ЋБ ЋВ Hayley Zagurski, Senior Planner, presented Public Hearing Item 5A. Commissioner Ellis ЌЉ questioned if the business has been in operation since 1974. Zagurski confirmed. Commissioner ЌЊ Sanchez questioned the difference between funeral home and parlor. Zagurski stated they are ЌЋ describing the same thing, one is more of a technical term. ЌЌ ЌЍ Zagurski stated staff received one response in favor, and one opposed to the request. The applicant ЌЎ held a neighborhood meeting, where approximately 8-10 people attended. There was no one in ЌЏ opposition at the neighborhood meeting. ЌА ЌБ Commissioner Beck thanked Zagurski for her research on this item. He questioned why this ЌВ request could not move forward as a special use or a variance through the Zoning Board of ЍЉ Adjustment (ZBA). Jerry Drake, First Assistant City Attorney, stated that use variances are illegal ЍЊ in Texas. He stated the ZBA cannot approve uses, only items such as setbacks and height ЍЋ adjustments. ЍЌ ЍЍ Њ Commissioner Ellis questioned if the applicant proposes to keep the existing building and add an Ћ addition. Zagurski confirmed and provided a rendering of the proposed building. There was no Ќ further discussion on this item. Ѝ Ў Hayley Zagurski, Senior Planner, presented Public Hearing Item 5B. Commissioner Beck Џ questioned the maximum height allowed. Zagurski stated it would be permitted up to 100 feet. The А tower is approximately 30 feet. Б В Zagurski stated staff received five oppositions to the request, and one in favor of the request. Staff ЊЉ recommends approval of the request based on the conditions provided in the backup materials. ЊЊ ЊЋ Commissioner Ellis questioned if a neighborhood meeting was suggested. Zagurski confirmed, the ЊЌ applicant declined to hold a neighborhood meeting. ЊЍ ЊЎ Commissioner Ellis stated the vacuums back up to the neighboring residential properties, she ЊЏ stated she is concerned this will affect the neighbors based off of the sound produced by the ЊА vacuums. Zagurski stated she is not familiar with the noise levels produced by the vacuums, ЊБ however, they should not be audible with the adequate buffering installed. The existing tree line is ЊВ substantial for the site. ЋЉ ЋЊ Zagurski clarified the building height for the Planned Development (PD), it restricts up to three- ЋЋ stories, and there is no actual foot amount. ЋЌ ЋЍ Commissioner Beck questioned if this will be a 24-hour facility. Zagurski stated the applicant ЋЎ could clarify during the Regular Meeting. ЋЏ ЋА Chair Strange stated a lot of these business house the main vacuums in the building, the tubing ЋБ would then run to the vacuum site. ЋВ ЌЉ The Commission discussed the PD requirements. There was no further discussion. ЌЊ ЌЋ Cindy Jackson, Senior Planner, presented Public Hearing Item 5C. Staff recommends approval of ЌЌ the request. Staff has not received any returned responses regarding the request. A citizen attended ЌЍ the neighborhood meeting in opposition. However, they changed their opposition when they ЌЎ learned the applicant was not proposing to develop multi-family. ЌЏ ЌА Chair Strange questioned if there is an administrative process to approve these requests. He stated ЌБ this is a lot of work for an applicant or owner to go through. Jerry Drake, First Assistant City ЌВ Attorney, stated there is not a process to zone a property administratively. There was no further ЍЉ discussion on this item. ЍЊ ЍЋ Chair Strange called a recess from 6:08 p.m. to 6:15 p.m. ЍЌ ЍЍ Julie Wyatt, Senior Planner, presented Public Hearing Item 5D. She provided the mobility details ЍЎ for Mayhill Road. Staff recommends approval of the request. Staff has not received any returned ЍЏ responses. There was no further discussion. Ћ Њ 2. Work Session Reports Ћ Ќ A. Hold a discussion and schedule a future Work Session to address the requested Ѝ items listed on the project matrix. Ў Џ Richard Cannone, Planning Director, stated he would like to implement a schedule to address the А items listed on the matrix. He stated he forgot to include the single-family residential zoning Б changes and discussion regarding the RD-5X zoning classification. Those items will be included В on the September 12, 2018 Work Session. ЊЉ ЊЊ Cannone stated there will also be an opening for the Chair position, which will be included on the ЊЋ upcoming meeting agenda. He discussed meeting at 4:00 p.m. or 4:30 p.m. to allow time to review ЊЌ all items on the agenda. ЊЍ ЊЎ Cannone discussed the tie vote process. Scott McDonald, Director of Development Services, stated ЊЏ there are a few items staff are reviewing regarding the process for tie votes. ЊА ЊБ There was no further discussion. Chair Strange adjourned the Work Session at 6:32 p.m. ЊВ ЋЉ REGULAR MEETING ЋЊ ЋЋ Chair Strange called the Regular Meeting to order at 6:45 p.m. ЋЌ ЋЍ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, July 25, ЋЎ 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the ЋЏ following items were considered: ЋА ЋБ 1. PLEDGE OF ALLEGIANCE: ЋВ A. U.S. Flag ЌЉ B. Texas Flag ЌЊ ЌЋ 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION ЌЌ MINUTES FOR: ЌЍ ЌЎ A. July 11, 2018 ЌЏ ЌА Commissioner Larry Beck motioned, Commissioner Margie Ellis seconded to approve the July ЌБ 11, 2018 meeting minutes. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", ЌВ Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". ЍЉ ЍЊ 3. CONSENT AGENDA: ЍЋ ЍЌ A. Consider a request by Allegiance Hillview for approval of a Preliminary Plat for ЍЍ Rayzor Ranch East. The approximately 90.13-acre site is generally located on the ЍЎ east side of Heritage Trail between West University Drive and Scripture Street in Ќ Њ the City of Denton, Denton County, Texas. (PP18-0006, Rayzor Ranch East, Ћ Hayley Zagurski). Ќ Ѝ Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve the Consent Ў Agenda. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Џ Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". А Б 4. ITEMS FOR INDIVIDUAL CONSIDERATION: В ЊЉ A. Consider a request by Carmel Villas, LLC for approval of a final plat of Carmel ЊЊ Villas, Phase I. The approximately 17.78-acre site is generally located on the north ЊЋ side of Pockrus Page Road, approximately 1.065 feet east of the I-35E Service Road ЊЌ in the City of Denton, Denton County, Texas. (FP18-0001, Carmel Villas, Phase I, ЊЍ Julie Wyatt). ЊЎ ЊЏ This item has been withdrawn and will come back at a future date. ЊА ЊБ 5. PUBLIC HEARINGS: ЊВ ЋЉ A. Hold a public hearing and consider making a recommendation to City Council ЋЊ regarding a request by Clifton Maxfield and Cli Max Enterprises for a zoning ЋЋ change from Neighborhood Residential 4 (NR-4) to a Downtown Commercial ЋЌ Neighborhood (DC-N) District. The 0.64-acre site is generally located on the south ЋЍ side of East Mulberry Street, approximately 50 feet west of Wood Street, in the ЋЎ City of Denton, Denton County, Texas. (Z18- ЋЏ Expansion, Hayley Zagurski). ЋА ЋБ Chair Strange opened the Public Hearing. Hayley Zagurski, Senior Planner, presented the request. ЋВ The funeral home currently has 3,260 square foot and would like to add 2,535 square feet. The ЌЉ funeral home has occupied the existing property for over 40 years. There have not been any formal ЌЊ complaints regarding the existing business. Staff recommends approval of the request based on ЌЋ conditions provided in the backup material. ЌЌ ЌЍ Johnnie Brumfield, Applicant, 4545 Shadow Ridge Drive, The Colony, Texas, stated the proposed ЌЎ expansion will help meet the current needs of the funeral home. There is not much parking onsite ЌЏ currently, the plan is to help improve the parking. The development will also visually improve the ЌА area. ЌБ ЌВ Commissioner Beck referred to the landscape, he questioned if the applicant agrees to the ЍЉ requirements. Brumfield stated they agree, however, they would like a little flexibility in the event ЍЊ it needs to be changed a little during the process. ЍЋ ЍЌ The following individuals did not wish to speak but expressed their support for the request: ЍЍ Mae Shephard, 608 Chambers Street, Denton, Texas. ЍЎ Louis Stokes, 2601 Mingo Road, Apt 102, Denton, Texas. ЍЏ Mable Devereaux, 111 S. Crawford, Denton, Texas. Ѝ Њ Effie McQueen, 1418 Noble Street, Denton, Texas. Ћ Jean Robertson, 2308 Mercedes Road, Denton, Texas. Ќ Roland Lucas, 206 S. Wood Street, Denton, Texas. Ѝ Curtis Himes, 1213 Haggard, Denton, Texas. Ў Ivy Fore, 5409 Galante Lane, Denton, Texas. Џ Doris Parks, 3500 E. McKinney Street, Apt. 9103, Denton, Texas. А Shelby Johnson, 1109 E. Hickory Street, Denton, Texas. Б Rubie Sacks, 1109 E. Hickory Street, Denton, Texas. В Marcella Franklin, 317 Mill Street, Denton, Texas. ЊЉ Vanessa Reed, 617 Boardwalk, Denton, Texas. ЊЊ Patrice Tobias, 618 E. Prairie Street, Denton, Texas. ЊЋ ЊЌ The following individuals spoke during the Public Hearing: ЊЍ ЊЎ Cynthia Cochran, 2420 E. McKinney Street, Denton, Texas. Spoke in support. Cochran ЊЏ stated they support the applicant and owners work on this project. She stated they are excited to ЊА see the expansion, it will add more parking and enhance the appearance of the area and City. ЊБ ЊВ Kim McKibben, 1306 W. Hickory Street, Denton, Texas. McKibben stated she was in ЋЉ opposition to the request, however, if staff can assure that high density apartments would not be ЋЊ developed on the site based on the allowed zoning uses then she would be in support of the request. ЋЋ The proposed funeral home is nice looking. McKibben stated she has concerns for the ЋЌ neighborhood regarding commercial uses. She also has concerns with the proposed ingress and ЋЍ egress to the site, she would recommending flip flopping the proposed point of ingress and egress. ЋЎ ЋЏ Reginald Logan, 705 Park Lane, Denton, Texas. Spoke in support. The proposed ЋА development will enhance and help build support in the neighborhood. This is an applicant and ЋБ owner that wants to be a part of the City and this neighborhood. This will help the entire City and ЋВ not just southeast Denton. ЌЉ ЌЊ There was no one else to speak, Chair Strange closed the Public Hearing. ЌЋ ЌЌ ЌЍ however, he would like some reassurance from staff to help protect the neighborhood from being ЌЎ encroached upon by commercial development. ЌЏ ЌА Chair Strange stated that suggestion would not be included in the motion, it could be recommended ЌБ for the project matrix. Richard Cannone, Planning Director, stated it would be added to the matrix. ЌВ ЍЉ Commissioner Sanchez stated he resides in east Denton, which is unique like southeast Denton, ЍЊ the neighborhoods are basically their own community. He stated he would also vote for approval ЍЋ of this request. ЍЌ ЍЍ Commissioner Ellis thanked the citizens for speaking on behalf of the project, she stated she would ЍЎ be voting in support as well, it will be a wonderful project. ЍЏ Ў Њ Chair Strange reminded the citizens that the item will also go before City Council for the final Ћ approval, he recommended they attend that meeting as well and provide their feedback. Ќ Ѝ Commissioner Larry Beck motioned, Commissioner Alfredo Sanchez seconded to approve the Ў 1. The permitted uses within the DC-N district shall be Џ restricted to Mortuary; and 2. The maximum building height shall be limited to one-story. Motion А approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Б Jim Strange "aye", and Commissioner Margie Ellis "aye". В ЊЉ B. Hold a public hearing and consider making a recommendation to City Council ЊЊ regarding a Detail Plan for Planned Development 176 (PD-176) District to depict ЊЋ an auto laundry facility on approximately 2.13 acres. The property is generally ЊЌ located on the west side of North FM 2499, approximately 760 feet north of ЊЍ Hickory Creek Road in the City of Denton, Denton County, Texas. (PDA18-0004, ЊЎ Clean and Green Car Wash, Hayley Zagurski). ЊЏ ЊА Chair Strange opened the Public Hearing. Hayley Zagurski, Senior Planner, presented the request. ЊБ Staff recommends approval of the request based on conditions. Staff received five (5) responses ЊВ in opposition and one (1) response in favor of the request. ЋЉ ЋЊ Commissioner Ellis questioned the sign requirements. Zagurski stated there are several ЋЋ requirements that include setbacks, height restrictions and limitations. ЋЌ ЋЍ The following individuals did not wish to speak but expressed their opposition for the request: ЋЎ Gena Lomelin, 6020 English Manor Road, Denton, Texas. ЋЏ Jonathan Acker, 6325 Thoroughbred Trail, Denton, Texas. ЋА ЋБ The following individuals spoke during the Public Hearing: ЋВ Josh Boschee, applicant and owner, 12821 Saratoga Downs, Fort Worth, Texas, stated he ЌЉ owns the property and the car was on the opposite corner. He stated the vacuum producers are ЌЊ located in the building, in an insulated room. The property sits approximately 2-3 feet higher than ЌЋ the neighboring properties. This will be a 7:00 a.m. to 9:00 p.m. facility, it will not be open 24 ЌЌ hours. ЌЍ ЌЎ Chair Strange stated since there are concerns with noise on the site, he questioned if the property ЌЏ owner would be open to raising the fence along the neighborhood side to eight foot instead of six ЌА foot. Boschee stated he would be open to that suggestion. ЌБ ЌВ Commissioner Beck referred to points of ingress and egress questioning whether the applicant ЍЉ considered adding an inlet. Boschee stated they did not consider it, however, it is a Texas ЍЊ Department of Transportation road so ultimately it would be their decision for approval. ЍЋ ЍЌ Michael Thomas, Engineer, 4816 Whistler Drive, Fort Worth, Texas, stated the southbound ЍЍ access would not be a requirement. ЍЎ Џ Њ Rose Brandt, 6600 Hayling Way, Denton, Texas, spoke in opposition. The proposed tower Ћ is elevated higher than the houses. Brandt discussed the impact this development would have Ќ regarding bugs and rodents. Brandt stated she would rather see office buildings rather than the Ѝ proposed development. Ў Џ Shannon Garza, 6545 Pine Hills Lane, Denton, Texas, spoke in opposition. The newly А developed highway neighboring house has been a big impact on the neighborhood. A lot of trees Б were removed with the development of the highway. There are a lot of small children that play in В the neighborhood, a lot of street parking and a lot of accidents at the intersection of Hickory Creek ЊЉ Road and FM 2499. ЊЊ ЊЋ Commissioner Sanchez questioned if Garza was aware the neighboring property was zoned ЊЌ commercial when she purchased her property. Garza declined, the property was green space. Garza ЊЍ stated a lot of the properties in the neighborhood are now rent or leased properties instead of owner ЊЎ occupied. ЊЏ ЊА Steven Shannon, 319 W. Oak Street, Denton, Texas, spoke in support. Shannon stated he ЊБ owns the property to the north. The proposed development is a compatible use. The owner has ЊВ made great attempts to make it even more compatible. ЋЉ ЋЊ David Furr, 6500 Longleaf Lane, Denton, Texas, spoke in opposition. Furr stated there was ЋЋ ЋЌ the idea of a 30 foot tall building neighboring his property. He is glad to see this will not be a 24 ЋЍ hour facility. The existing car wash is 24 hours, there are lights on at all times, and radios blasting. ЋЎ There are concerns with traffic along FM 2499. ЋЏ ЋА Chair Strange stated the applicant could develop a three-story structure by right, which is already ЋБ allowed within the Planned Development (PD). ЋВ ЌЉ Kim Hurst, 3301 Highpoint Drive, Denton, Texas, spoke in opposition. There will be a ЌЊ decrease in property values, a lot of noise issues, this will increase the crime in the area, a lot of ЌЋ children currently play outside in the neighborhood. Hurst stated the business could have ЌЌ individuals waiting up to two hours waiting for their vehicles to be serviced. This causes pedestrian ЌЍ ЌЎ increase trash in the area. There are ЌЏ for another car wash. This will increase the number of rental properties in the area. ЌА ЌБ Commissioner Sanchez stated a lot of the existing neighbors would primarily be the ones using ЌВ the facility. Hurst stated no, a lot of people cut through the neighborhood and area due to the ЍЉ construction in the area. ЍЊ ЍЋ Tom Brant, 6600 Hayling Way, Denton, Texas, spoke in opposition. Brandt stated their ЍЌ realtor did not inform them of the proposed changes for the area. There is a lot of current noise in ЍЍ the area, due to the traffic. ЍЎ А Њ Hector Lomelin, 6020 English Manor Road, Denton, Texas, spoke in opposition. There are Ћ a lot of lights, sound and stereos going while people wash their cars at the existing car wash. Ќ Lomelin questioned if the 30 foot tower is necessary for the development. The proposed walls will Ѝ be close to some of the neighboring properties. There are a lot of other properties this development Ў could consider. There are a lot of traffic concerns for the area. These neighborhoods are surrounded Џ by commercial properties and uses. А Б Otto Hanneman, 6500 Corral Lane, Denton, Texas, spoke in opposition. This will cause a В decrease in home values, there are a lot of traffic concerns. There is too much being squeezed into ЊЉ a small space. He would like to see the development consider another property. ЊЊ ЊЋ Greg Johnson, 319 W. Oak Street, Denton, Texas, spoke in support. Johnson stated he ЊЌ understands the concerns of the neighbors, however, the use is allowed within the PD. The ЊЍ applicant has a right to develop. He stated that neighborhood meetings should be considered for ЊЎ certain projects. This is a six-lane major thoroughfare, developments like this are going to occur. ЊЏ ЊА Commissioner Sanchez questioned if the applicant would consider a tower that is lower than 30 ЊБ foot tall. Boschee stated they would rather not consider anything less since that space is used for ЊВ equipment and storage. ЋЉ ЋЊ Commissioner Ellis questioned if this is concerned a full service drop off facility. Boschee stated ЋЋ no, it is what is considered an express exterior car wash. Most customers are on site for a maximum ЋЌ of 20 minutes, unless they decide to stay onsite and detail their vehicles there. ЋЍ ЋЎ Thomas stated in regards to the drainage concerns, there will be a detention pond onsite to mitigate ЋЏ drainage runoff. ЋА ЋБ Commissioner Beck stated the concept of a neighborhood meeting is very important especially for ЋВ projects like this. He questioned if the applicant would consider postponing the request in order to ЌЉ allow time for a neighborhood meeting to address some of the concerns. Boschee stated they would ЌЊ prefer not to go that route. Chair Strange stated this item will go before City Council and will allow ЌЋ time for citizens to provide their feedback at that time as well. ЌЌ ЌЍ Commissioner Ellis questioned if there is any signage to restrict the high radio volumes. Boschee ЌЎ stated not at this time, however, they could monitor the site. This site is staffed at all times, whereas ЌЏ his other site is not staffed. ЌА ЌБ There was no one else to speak. Chair Strange informed the citizens that the request will go before ЌВ City Council on August 21, 2018.0 ЍЉ ЍЊ Commissioner Ellis referred to the wall height questioning if it could be raised by two feet. Thomas ЍЋ stated the concern at that point is the tree overhang, it could require some of the trees to be cut ЍЌ down. ЍЍ ЍЎ Chair Strange closed the Public Hearing. ЍЏ Б Њ Commissioner Beck motioned to approve the r Ћ stated he would second the motion and request a friendly amendment to the motion to add the Ќ increase of the wall height by two feet. Commissioner Beck agreed. Ѝ Ў The Commission thanked the citizens for providing their input. Џ А Commissioner Larry Beck motioned, Chair Jim Strange seconded to approve the request based on Б the following conditions: 1. No exterior lighting on the building shall face a single-family В residential use, or if such lighting is proposed, it shall be screened from view of adjoining ЊЉ residential properties. A photometric plan shall be provided with the building permit application ЊЊ 2. Due ЊЋ to the proximity of this location to single-family residences, the majority of the PD being ЊЌ residential, and the lack of signage regulations in the PD, the project shall comply with the Code ЊЍ of Ordinances sign requirements for non-residential districts as well as the following limitations: ЊЎ a. no illuminated wall signs may face an adjoining single-family use; and 3. The proposed 6-foot ЊЏ tall masonry screening wall along the southern property line shall be increased to 8-foot. Motion ЊА approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair ЊБ Jim Strange "aye", and Commissioner Margie Ellis "aye". ЊВ ЋЉ C. Hold a public hearing and consider making a recommendation to City Council ЋЊ regarding a request by Marc DeGenaro representing Daniel Sobarames Hernandez ЋЋ for an initial zoning designation of Neighborhood Residential 2 (NR-2) District. ЋЌ The 1.00 acre site is generally located east of Masch Branch Road, along Miller ЋЍ Road, in the City of Denton, Denton County, Texas. (Z18-0007, Little Brook ЋЎ Estate, Cindy Jackson). ЋЏ ЋА Chair Strange opened the Public Hearing. Cindy Jackson, Senior Planner, provided the ЋБ presentation. Staff recommends approval of the request. ЋВ ЌЉ Bill Coleman, Coleman and Associates, 725 S. Locust Street, Denton, Texas. Coleman did not ЌЊ have a presentation, but would request approval of this item. ЌЋ ЌЌ There was no one to speak. Chair Strange closed the Public Hearing. ЌЍ ЌЎ Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve this ЌЏ request. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry ЌА Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". ЌБ ЌВ D. Hold a public hearing and consider making a recommendation to City Council ЍЉ regarding a request by Mayhill Edwards, LLC f/k/a SLP-Murphy GP, LLC for an ЍЊ initial zoning of Regional Center Residential 1 (RCR-1) District. The 15.06-acre ЍЋ site is generally located on the north side of Edwards Road, approximately 850 feet ЍЌ east of South Mayhill Road, in the City of Denton, Denton County, Texas. (Z18- ЍЍ 0009, Mayhill-Edwards, Julie Wyatt). ЍЎ В Њ Chair Strange opened the Public Hearing. Julie Wyatt, Senior Planner, provided the presentation. Ћ Staff recommends approval of the request. Staff has not received any responses regarding the Ќ request. The applicant is present. Ѝ Ў Commissioner Beck questioned the proposed plans for the site. Џ А Randy Thompson, Applicant, 4116 W. Spring Creek Ct, Plano, Texas, stated they do not have any Б plans at this time, the zoning is needed to plan any details. В ЊЉ There was no further discussion. Chair Strange closed the Public Hearing. ЊЊ ЊЋ Commissioner Alfredo Sanchez motioned, Commissioner Larry Beck seconded to approve this ЊЌ request. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry ЊЍ Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". ЊЎ ЊЏ 6. PLANNING & ZONING COMMISSION PROJECT MATRIX ЊА ЊБ A. Matrix ЊВ ЋЉ Commissioner Beck requested discussion for regarding the Comprehensive Plan Amendment. ЋЊ Richard Cannone, Planning Director, stated he will add it to the matrix. ЋЋ ЋЌ There was no other discussion. Chair Strange adjourned the Regular Meeting at 9:05 p.m. ЋЍ ЊЉ Staff Analysis PDA18-0004/Clean and Green Car Wash City Council District 4 Planning & Zoning Commission August 21, 2018 REQUEST: Hold a public hearing and consider approval of an ordinance regarding a Detail Plan for Planned Development 176 (PD-176) District to depict an auto laundry facility on approximately 2.13 acres. The property is generally located on the west side of North FM 2499, approximately 760 feet north of Hickory Creek Road in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (PDA18-0004a, Clean and Green Car Wash, Hayley Zagurski). OWNER: CDI 2499, LLC. APPLICANT: Joshua Boschee, Clean and Green Car Wash Andrew Gooding, MJ Thomas Engineering LLC. BACKGROUND: The applicant has requested Detailed Plan approval for an auto laundry facility, or car wash, in Planned Development 176 (PD-176) District. PD-176 District was created prior to the 2002 adoption of the Denton Development Code (DDC). Therefore, new development within the PD boundary is subject to the requirements of the 1991 outlined in Article IV, Sections 35-151 through 158 and 35-171 through 184. These requirements define a planned development process that includes two phases: a Concept Plan and a Detailed Plan. The Concept Plan establishes the general guidelines for the PD, including project boundaries, land uses, and general thoroughfare locations. A Detailed Plan provides more specific information about the proposal and is defined as: Detailed Plan the final step in the planned development process which contains the details of the development of the property. Such standards may include permitted land uses and the acreage for each use, adjacent or surrounding land uses, zoning, streets, drainage facilities, existing or proposed off-site improvements, parking lots and parking spaces, access and connection to existing or proposed streets, trees and landscaping, the maximum height of all buildings, the maximum total floor area, the location of water retention areas and major drainage facilities, and the location of all major utilities. On October 5, 1999, City Council approved Ordinance 99-367, establishing PD-176 and adopting a Concept Plan for said acreage. The Concept plan established the permitted uses, general locations of the use categories, and development standards. On June 20, 2000, City Council approved Ordinance 2000-216, which amended ordinances 99-257, 99-367, and 99-405 to provide a detail plan for approximately 253 acres of land within PD-170, PD-172, and PD-176. The detail plan specifically excluded two tracts intended for commercial development, one of which includes the subject property. SITE DATA: The subject site is 2.17 acres out of an approximately 4.89-acre undeveloped tract. The property has 247 feet of frontage along FM 2499, which was recently constructed by TXDOT. PD-176 designates the subject property as a Commercial tract intended to accommodate the development of an office, retail, and commercial center. The permitted uses correspond to the use Facility is a permitted use in -176 District. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: PD-176 District PD-176 District PD-176 District Utility easement and single- Utility easement and single- Undeveloped family residential family residential West: East: PD-176 District PD-111 District SUBJECT PROPERTY Utility easement and single- FM 2499 and single-family family residential residential Southwest: South: Southeast: PD-172 District PD-172 District PD-111 District Single-family residential Single-family residential FM 2499 and single-family residential CONSIDERATIONS: 1. The applicant has submitted a Detailed Plan for PD-176 District for an Auto Laundry Facility, or car wash. The associated documents, including Site Plan, Landscape Plan, and Elevations, are attached for reference. 2. The proposal reflects the following elements: a. An approximately 4,478 square foot building constructed with fiber cement panels, wave aluminum panels, and glass materials. b. One driveway connection provided to FM 2499. c. An approximately 20-foot wide landscape buffer containing existing trees, 8 new tree plantings, and a 6-foot tall masonry screening wall along the southern property line. d. A total of 20 vacuum stalls, 5 parking spaces, and space for 5 future vacuum stalls are provided. e. Landscaping and tree canopy is provided in accordance with the 1998 landscape code, which was in place at the time of PD establishment. 3. tailed Plan shall be approved if it finds that all of the following criteria have been met: a. The plan complies with the general concept plan or development plan approved for that property; The use and development outlined in the proposed Detailed Plan generally conform to the approved PD development standards. Specifically, the Wheeler Ridge development standards specify that all buildings shall have an exterior façade of glass, stone, stucco, tile, concrete, wood, or similar materials. Additionally, a six-foot screening wall is to be provided between areas developed for residential uses, and the wall is be constructed of stone, brick, or similar materials. b. The plan provides for a compatible arrangement of buildings and land uses and would not adversely affect adjoining neighborhoods or properties outside the plan, The proposal is consistent with development patterns typically found along highways such as FM 2499. To shield the commercial development from surrounding residences, the applicant has proposed to keep many of the existing trees found along the southern property line. Additionally, the landscape plan shows 8 additional tree plantings along the southern property line as well as the required 6-foot masonry screening wall. Approximately 175-feet of power and utility easements separate the subject property from residences to the west. The plans indicate a detention pond will provide additional separation to the west, and a landscape area containing oak trees will provide screening for the closest drive aisle. Due to the close proximity of the location to many single-family residences, Staff has concerns about the lighting and signage on the property that could cause nuisances for adjoining properties. Therefore, staff recommends conditions to re site lighting requirements, and restrict the height and illumination of signs. c. The plan provides for adequate and safe circulation of vehicular traffic; and The proposed Detail Plan provides for adequate and safe circulation, which includes one point of vehicular access FM 2499. present on all sides of the building, and the site plan indicates one direction of traffic flow through and around the facility. d. The plan is in substantial compliance with the landscape, sign, subdivision, and other regulations of the city, or, if not, the plan offers corresponding benefits that merit deviation from those regulations. The proposed Detail 4. The Future Land Use designation for the subject property and surrounding area is Low Density Residential. The proposed commercial development is not consistent with the future land use designation. However, the commercial development of the subject property and the tract located at the southeast corner of Teasley Lane and Robinson Road has been intended since the development of the PD regulations in 1999. Commercial development on the subject property has not been feasible or practical until the recent extension of FM 2499 along the eastern boundary of the subject property. 5. Development of commercial uses on the subject property has been intended since the adoption of the PD regulations. The PD permits any commercial use permitted within the The proposed and existing landscaping and the masonry wall along the southern portion of the property will provide a suitable buffer between the car wash and the adjoining homes. However, the PD regulations do not provide any stipulations about lighting, so staff recommends that a photometric plan be provided with the building permit to ensure lighting is in accordance with current DDC regulations. STAFF RECOMMENDATION: Staff recommends approval of the request with the following conditions as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030: 1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan shall be provided with the building permit application demonstrating g requirements in Section 35.13.12. 2. Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. No illuminated wall signs may face an adjoining single-family use. At a public hearing on July 25, 2018 the Planning and Zoning Commission recommended approval \[4-0\] of the request with the following conditions: 1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan shall be provided with the building permit application demonstrating 2. Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. No illuminated wall signs may face an adjoining single-family use. 3. The height of the proposed masonry screening wall shall be 8 feet. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 34 notices were sent to property owners within 200 feet of the subject property, 108 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. The applicant has not held a neighborhood meeting as of the issuance of this report. Seven written responses has been received, one in opposition to the request and one in support. These responses are included in Exhibit 9. In addition to the written responses, nine individuals from the surrounding neighborhood provided th comment cards at the Planning and Zoning Commission public hearing on July 25. Seven of these individuals spoke in opposition of the request. Concerns expressed by the neighbors included increased noise, increased traffic cutting through the neighborhoods, increased crime, and decreased property values. PDA18-0004 Site Location BUTLER LUCK HOLE BLACK BUTTE 0125250500 Feet SITE µ Parcels Roads Date: 5/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. PDA18-0004 Zoning Map BUTLER NR-4 LUCK PD HOLE NRMU BLACK BUTTE RD-5X NRMU-12 0125250500 Feet SITENR-4PD µ NRMURD-5X Parcels NRMU-12 Roads Date: 5/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. PDA18-0004 Future Land Use Map 2181 " ) BUTLER Community Mixed Use Low Residential ACORN BEND Moderate Residential 02555101,020 Feet SITECommunity Mixed Use Future Land Use µ Parks / Open Space Low Residential Parcels Moderate Residential Roads Date: 5/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. CLEAN & GREEN CAR WASH #2 DATEPE NO. BERRY MERCHANT SURVEY, ABSTRACT NO. 800 PREPARED BY, OR UNDER SUPERVISION OF: BIDDING, OR PERMIT PURPOSES. THEY WERE CITY OF DENTON, DENTON COUNTY, TEXAS AND NOT INTENDED FOR CONSTRUCTION, THESE DOCUMENTS ARE FOR DESIGN REVIEW 2.127 ACRES LOCATED IN THE CC# 2017-63521 P.R.D.C.T. PORTION OF TRACT 1 CLEAN & GREEN CAR WASH #2 BERRY MERCHANT SURVEY, ABSTRACT NO. 800 CITY OF DENTON, DENTON COUNTY, TEXAS 2.127 ACRES LOCATED IN THE CC# 2017-63521 P.R.D.C.T. PORTION OF TRACT 1 PDA18-0004 Notification Map BUTLER LUCK HOLE 500ft Buffer BLACK BUTTE 200ft Buffer 0125250500 Feet SITE µ Parcels Roads Date: 5/25/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Scanned by CamScanner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0009a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceforaninitialzoningofRegionalCenter Residential1(RCR-1)Districtonapproximately15.06acres.Thepropertyisgenerallylocatedonthenorth sideofEdwardsRoad,approximately850feeteastofSouthMayhillRoad,intheCityofDenton,Denton County,Texas;adoptinganamendmenttotheCityÓsofficialzoningmap;providingforapenaltyinthe maximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandaneffectivedate.The PlanningandZoningCommissionvoted4-0toapprovetherequest.(Z18-0009a,Mayhill-Edwards,Julie Wyatt). City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 21, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance for an initial zoning of Regional Center Residential 1 (RCR-1) District on approximately 15.06 acres. The property is generally located on the north side of Edwards Road, approximately 850 feet east of South Mayhill Road, in the City of Denton, Denton maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission voted 4-0 to approve the request. (Z18-0009a, Mayhill-Edwards, Julie Wyatt). BACKGROUND The applicant is requesting an initial zoning of Regional Center Residential 1 (RCR-1) District on an approximately 15.06-acre site. The site is part of a 19-acre tract which was annexed into the City on two separate occasions. The western four acres of the property were annexed in 1983 and zoned RCR-1 District during the 2002 City-wide rezoning. The remaining 15.06 acres (the subject site) were annexed in 2010 as part of a municipal annexation plan. Annexed property is not zoned until a zoning request is officially approved by the City Council. The purpose of the applicantg designation of RCR-1 District, consistent with the adjacent four acres, to facilitate future development. A full Staff Analysis is provided in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of this request. The Planning and Zoning Commission recommended approval of this request \[4-0\]. PRIOR ACTION/REVIEW (Council, Boards, Commissions) OnJuly 25, 2018 the Planning and Zoning Commission held a public hearing and recommended approval of the request \[4-0\]. At the public hearing, staff presented an analysis of the proposed rezoning with a recommendation of approval. Commissioner Beck asked the applicant, Randy Thompson, if any development plans for the subject property were proposed. Mr. Thompson indicated that there are none at this time. No members of the public spoke at the public hearing. STRATEGIC PLAN RELATIONSHIP The City of De-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses 8. Notification Map and Responses 9. Planning and Zoning Commission Meeting Minutes 10. Presentation 11. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director / Planning Director Prepared by: Julie Wyatt Senior Planner Planning Staff Analysis Z18-0009/Mayhill-Edwards City Council District 1 August 21, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance for an initial zoning of Regional Center Residential 1 (RCR-1) District on approximately 15.06 acres. The property is generally located on the north side of Edwards Road, approximately 850 feet east of South Mayhill Road, in map; 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 voted 4-0 to approve the request. (Z18-0009a, Mayhill-Edwards, Julie Wyatt). OWNER: Mayhill Edwards, LLC f/k/a SLP-Murphy GP, LLC APPLICANT: Randy Thompson with Stonewood Investments BACKGROUND: The applicant is requesting an initial zoning of Regional Center Residential 1 (RCR-1) District on an approximately 15.06-acre site. The site is part of a 19-acre tract which was annexed into the City on two separate occasions. The western four acres of the property were annexed in 1983 and zoned RCR-1 District during the 2002 City-wide rezoning. The remaining 15.06 acres (the subject site) were annexed in 2010 as part of a municipal annexation plan. Generally, annexed property is not zoned until a zoning request is officially approved by the City Council. In accordance with Section 35.16.8.G of the Denton Development Code (DDC), for newly annexed land that has not been zoned, no application will be deemed complete for any uses, intensities of use, dimensions or lot sizes not authorized by Rural Residential (RD-5) Zoning District. The purpose of the RCR-1 District to correspond with the adjacent zoning and to facilitate future development. SITE DATA: The subject property includes 15.06 acres out of a 19-acre undeveloped tract. Under the current temporary zoning of RD-5 District, uses which are primarily rural in nature are permitted. These include agriculture, livestock, large-lot single family, manufactured housing developments, sale of products grown on site, veterinary clinics, kennels, day cares, and elementary schools. Group homes, administrative or research facilities, feed lots, and gas wells require approval of a Specific Use Permit (SUP). Prior to development of the site, approval of preliminary and final plats will be required. The entire 19-acre property has approximately 1,070 feet of frontage on Edwards Road, which is classified as a collector street. Collector streets require at least 65 feet of right-of-way. The property is also within a quarter-mile of the Denton County Transit Authority (DCTA) A-train Rail Trail and a half-mile from the DCTA Medpark Station. The A-train Rail Trail is a 19-mile improved trail which, when complete, will connect the Downtown Denton Transit Center to the Hebron Station in Lewisville. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: RCR-1 District Zoning: RCR-1 District Zoning: NRMU-12 District Use: Undeveloped Use: Manufactured housing Use: Multi-family residential development West: East: Zoning: RCR-1 District Zoning: RD-5X and NRMU- 12 District SUBJECT PROPERTY Use: Undeveloped Use: Multi-family residential Southwest: South: Southeast: Zoning: Regional Center Zoning: RCC-D District Zoning: RCC-D, RD-5X, and Commercial Downtown NR-6 Districts (RCC-D) District Use: Bakery Use: Proposed townhomes and Use: Bakery and medical uses single-family homes CONSIDERATIONS: 1. Section 35.3.4.B of the DDC provides the following criteria for approval of rezoning request: a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan 2030. The Future Land Use designation for the subject property is Business Innovation. Business Innovation is a mixed-use designation that is intended for well-planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Although the primary intent of the Business Innovation designation is to encourage large-scale employment development, the Future Land Use map is intended to provide a broad policy for the future distribution of land uses. Within each broad designation, several zoning districts may be appropriate to achieve the intent and goals of the Plan. Though RCR-1 District is not generally an employment-related district, it can serve as an appropriate buffer between large- scale, high-intensity employment centers and residential neighborhoods. The subject site is situated between large employment centers to the west and south, transitioning to moderate-density multi-family dwellings and lower-density residential neighborhoods to the east. RCR-1 District conforms to the intent of Business Innovation, as the allowed mix of small-scale commercial and higher- density residential uses would complement and support the nearby employment centers but with reduced development scale and intensity to ensure compatibility with nearby neighborhoods. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. drainage, and infrastructure requirements. In addition, the development will be required to comply with all tree preservation requirements. 2. The proposed rezoning is consistent with the existing zoning on the same parcel and a logical extension of the existing zoning pattern. Consolidation of zoning across the entire property will facilitate development under a uniform set of regulations, including uses and development scale. 3. If approved, RCR-1 District would allow the site to develop with uses appropriate for areas located between employment centers and residential neighborhoods. The uses permitted in RCR-1 District include moderate- to high-density housing, including townhomes and multi- family dwellings, which are permitted with approval of a Specific Use Permit (SUP). Additionally, RCR-1 District permits retail, restaurant, service, and office uses but with limitations on the size and intensity of development. Day cares, schools, religious facilities, and elderly housing are also permitted. 4. The development scale permitted in RCR-1 District is compatible with the surrounding zoning and development, as it is similar to, or more restrictive than, the surrounding zoning districts. RCR-1 District permits a maximum lot coverage of 55 percent and a maximum building height of 40 feet. The adjacent NRMU-12 and NR-6 Districts permit a maximum lot coverage of 60 percent and a maximum building height of 40 feet. Across Edwards Road, RCC-D District permits a maximum lot coverage of 90 percent and a maximum building height of 100 feet. As the surrounding properties develop or redevelop, all buildings would be required to conform to the dimensional requirements established by the zoning districts. 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. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 6 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. Z18-0009 Site Location 0205410820 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 7/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0009 Existing Zoning Map IC-G RCR-2 RCR-1 NRMU-12 RCC-N ETJ RD-5X RCC-D NR-6 NR-4 0205410820 Feet SITEETJNR-6RCC-N µ IC-GNRMU-12RCR-1 Parcels NR-4RCC-DRCR-2 Roads RD-5X Date: 7/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0009 Future Land Use Map Government / Institutional Regional Mixed Use Low Residential Business Innovation Moderate Residential Neighborhood Mixed Use 03857701,540 Feet SITECommunity Mixed Use Future Land Use µ Neighborhood Mixed Use Rural Areas Parcels Business Innovation Low Residential Roads Government / Institutional Moderate Residential Parks / Open Space Regional Mixed Use Date: 7/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0009 Proposed Zoning Map IC-G RCR-2 NRMU-12 RCR-1 RCC-N ETJ RD-5X RCC-DNR-6 NR-4 0205410820 Feet SITEETJNR-6RCC-N µ IC-GNRMU-12RCR-1 Parcels NR-4RCC-DRCR-2 Roads RD-5X Date: 7/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. tĻƩƒźƷƷĻķ ƭĻ /ƚƒƦğƩźƭƚƓ w5ΏЎw/wΏЊ wĻƭźķĻƓƷźğƌ ƭĻƭ Accessory Dwelling UnitsPN Agriculture PP Attached Single-family DwellingsNP Community Homes for the Disabled PP DormitoryNN Duplexes NN Dwellings above BusinessesNP Fraternity or Sorority House NN Group HomesSUPSUP Live/Work Units PP LivestockL(7)L(7) Manufactured Housing Developments PN Multi-family DwellingsNL(4) Single-family Dwellings PN w5ΏЎw/wΏЊ /ƚƒƒĻƩĭźğƌ \[ğƓķ ƭĻƭ Administrative or Research Facilities SUPSUP Auto and RV SalesNN Bar NL(11) Bed and BreakfastL(10)L(8) Broadcasting or Production Studio SUPSUP Commercial Parking LotsNN Drive-Through Facility NN Equestrian FacilitiesPN Home Occupation PP HotelsNN Indoor Recreation NN Laundry FacilitiesNP Major Event Entertainment NN Medical OfficeNL(15) Motels NN Movie TheatersNSUP Outdoor Recreation PSUP Private ClubNL(11) Professional Services and Offices NL(15) Quick Vehicle ServicingNN Restaurant NL(11) Retail Sales and ServiceNL(17) Sale of Products Grown on Site PN Self-service StorageNN Sexually Oriented Business NN Temporary UsesL(38)L(38) Vehicle Repair NN w5ΏЎw/wΏЊ LƓķǒƭƷƩźğƌ \[ğƓķ ƭĻƭ BakeriesNN Compressor Stations NN Construction Materials SalesNN Craft Alcohol Production NN Distribution Center/Warehouse, GeneralNN Feed Lots SUPN Food ProcessingNN Gas Wells L(27)L(27) Heavy ManufacturingNN Junk Yards and Auto Wrecking NN KennelsL(14)N Light Manufacturing NN Manufacture of Non-Odiferous FoodsNN Printing/Publishing NN NN Sanitary Landfills, Commercial Incineratiors, Transfer Stations Self-Service StorageNN Veterinary Clinics PSUP Warehouse, RetailNN Wholesale Nurseries PN Wholesale SalesNN Wrecker Services and Impound Lots NN w5ΏЎw/wΏЊ LƓƭƷźƷǒƷźƚƓğƌ \[ğƓķ ƭĻƭ Adult or Child Day Care PP Basic UtilitiesPSUP Business/Trade School NN CemeteriesNN Churches PP CollegesNN Community Service NP Conference/Convention CentersNN Elderly Housing NP Electric Substations & Switch StationsPL(43) High School NSUP Hospital ServicesNN Kindergarten, Elementary School PP Medical ClinicNSUP Middle School NP MortuariesNN Parks and Open Space PP Semi-Public Halls, Clubs, and LodgesNP WECS (building mounted) L(42)SUP WECS (freestanding monopole)L(41)SUP w5ΏЎw/wΏЊ DĻƓĻƩğƌ wĻŭǒƌğƷźƚƓƭ Minimum Lot Area 5 acresNone Minimum Lot Width 200 feet50 feet Minimum Lot Depth250 feet80 feet Maximum Density 0.2*30 Maximum FARNone0.5 Maximum Lot Coverage 15%55% Minimum Landscaped Area75%45% Maximum Building Height 65 feet40 feet * For subdivisions of more than ten acres in lieu of minimum lot size and dimension requirements L(4) = Multi-family is permitted only: 1. With a Specific Use Permit; or 2. As part of a Mixed-Use Development; or 3. As part of a Master Plan Development, Existing; or 4. If the development received zoning approval allowing multi-family use within one (1) year prior to the effective date of Ordinance No. 2005-224; or 5. If allowed by a City Council approved neighborhood (small area) plan. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(8) = Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(10) = All restrictions of L(8), but limited to no more than five (5) guest units. L(11) = Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(14) = Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(15) = Uses are limited to no more than five thousand (5,000) square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(17) = Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. L(41) = Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42) = Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. L(43) = Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. 2. All Electric Substations or Switch Stations shall comply with the following development requirements: 1. The proposed electric substation or switch station shall substantially comply with all of the development and regulatory standards established in Subchapter 24; and 2. A site plan demonstrating substantial conformance with all the applicable design standards identified in Subchapter 24 shall be submitted. L(38) = Must meet the requirements of Section 35.12.9. Z18-0009 Notification Map 200ft Buffer 500ft Buffer 0205410820 Feet SITE µ Parcels Roads Date: 7/2/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Commissioner Ellis questioned if the applicant proposes to keep the existing building and add an addition. Zagurski confirmed and provided a rendering of the proposed building. There was no further discussion on this item. Hayley Zagurski, Senior Planner, presented Public Hearing Item 5B. Commissioner Beck questioned the maximum height allowed. Zagurski stated it would be permitted up to 100 feet. The tower is approximately 30 feet. Zagurski stated staff received five oppositions to the request, and one in favor of the request. Staff recommends approval of the request based on the conditions provided in the backup materials. Commissioner Ellis questioned if a neighborhood meeting was suggested. Zagurski confirmed, the applicant declined to hold a neighborhood meeting. Commissioner Ellis stated the vacuums back up to the neighboring residential properties, she stated she is concerned this will affect the neighbors based off of the sound produced by the vacuums. Zagurski stated she is not familiar with the noise levels produced by the vacuums, however, they should not be audible with the adequate buffering installed. The existing tree line is substantial for the site. Zagurski clarified the building height for the Planned Development (PD), it restricts up to three- stories, and there is no actual foot amount. Commissioner Beck questioned if this will be a 24-hour facility. Zagurski stated the applicant could clarify during the Regular Meeting. Chair Strange stated a lot of these business house the main vacuums in the building, the tubing would then run to the vacuum site. The Commission discussed the PD requirements. There was no further discussion. Cindy Jackson, Senior Planner, presented Public Hearing Item 5C. Staff recommends approval of the request. Staff has not received any returned responses regarding the request. A citizen attended the neighborhood meeting in opposition. However, they changed their opposition when they learned the applicant was not proposing to develop multi-family. Chair Strange questioned if there is an administrative process to approve these requests. He stated this is a lot of work for an applicant or owner to go through. Jerry Drake, First Assistant City Attorney, stated there is not a process to zone a property administratively. There was no further discussion on this item. Chair Strange called a recess from 6:08 p.m. to 6:15 p.m. Julie Wyatt, Senior Planner, presented Public Hearing Item 5D. She provided the mobility details for Mayhill Road. Staff recommends approval of the request. Staff has not received any returned responses. There was no further discussion. Ћ Commissioner Beck motioned to approve the request based on staff’s condition. Chair Strange stated he would second the motion and request a friendly amendment to the motion to add the increase of the wall height by two feet. Commissioner Beck agreed. The Commission thanked the citizens for providing their input. Commissioner Larry Beck motioned, Chair Jim Strange seconded to approve the request based on the following conditions: 1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan shall be provided with the building permit application demonstrating compliance with the DDC’s site lighting requirements in Section 35.13.12.; 2.Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. no illuminated wall signs may face an adjoining single-family use; and 3. The proposed 6-foot tall masonry screening wall along the southern property line shall be increased to 8-foot. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". C.Hold a public hearing and consider making a recommendation to City Council regarding a request by Marc DeGenaro representing Daniel Sobarames Hernandez for an initial zoning designation of Neighborhood Residential 2 (NR-2) District. The 1.00 acre site is generally located east of Masch Branch Road, along Miller Road, in the City of Denton, Denton County, Texas. (Z18-0007, Little Brook Estate, Cindy Jackson). Chair Strange opened the Public Hearing. Cindy Jackson, Senior Planner, provided the presentation. Staff recommends approval of the request. Bill Coleman, Coleman and Associates, 725 S. Locust Street, Denton, Texas. Coleman did not have a presentation, but would request approval of this item. There was no one to speak. Chair Strange closed the Public Hearing. Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve this request. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". D.Hold a public hearing and consider making a recommendation to City Council regarding a request by Mayhill Edwards, LLC f/k/a SLP-Murphy GP, LLC for an initial zoning of Regional Center Residential 1 (RCR-1) District. The 15.06-acre site is generally located on the north side of Edwards Road, approximately 850 feet east of South Mayhill Road, in the City of Denton, Denton County, Texas. (Z18- 0009, Mayhill-Edwards, Julie Wyatt). В Chair Strange opened the Public Hearing. Julie Wyatt, Senior Planner, provided the presentation. Staff recommends approval of the request. Staff has not received any responses regarding the request. The applicant is present. Commissioner Beck questioned the proposed plans for the site. Randy Thompson, Applicant, 4116 W. Spring Creek Ct, Plano, Texas, stated they do not have any plans at this time, the zoning is needed to plan any details. There was no further discussion. Chair Strange closed the Public Hearing. Commissioner Alfredo Sanchez motioned, Commissioner Larry Beck seconded to approve this request. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". 6.PLANNING & ZONING COMMISSION PROJECT MATRIX A.Matrix Commissioner Beck requested discussion for regarding the Comprehensive Plan Amendment. Richard Cannone, Planning Director, stated he will add it to the matrix. There was no other discussion. Chair Strange adjourned the Regular Meeting at 9:05 p.m. ЊЉ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0012b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingazoning changefromNeighborhoodResidentialMixedUse(NRMU)toCommunityMixedUseGeneral(CM-G) Districtonanapproximately0.744acrelot,thesubjectsiteisgenerallylocatedonthesouthwestcornerofthe intersectionofE.UniversityDriveandLoop288,intheCityofDenton,DentonCounty,Texas;adoptingan amendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingaseverabilityclauseandaneffectivedate.ThePlanningandZoningCommission recommended 6-0 to approve this request. (Z18-0012, Victory Addition, Sean Jacobson) City of DentonPage 1 of 1Printed on 8/16/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 21, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G) District on an approximately 0.744 acre lot, the subject site is generally located on the southwest corner of the intersection of E. University Drive and Loop 288, in the City of Denton, Denton County, ning map; 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 recommended 6-0 to approve this request. (Z18-0012, Victory Addition, Sean Jacobson) BACKGROUND The property owner is proposing a zoning change from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G). The purpose of this rezoning request is to facilitate the development of a convenience store with gas station islands in a building that was formerly a convenience store with gas station islands. CM-G is proposed as a more appropriate zoning district for this location, because it is at the intersection of two primary arterials, the Future Land Use for the area is Community Mixed Use, and it has primarily commercial uses on adjacent properties. A full Staff Analysis is provided in Exhibit 2. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend Denial 4. Postpone consideration. 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommended 6-0 to approve this request. Staff recommends approval of the zoning change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 8, 2018, the Planning and Zoning Commission recommended approval of the request (6-0). STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses table 8. Notification Map 9. Current Land Use Map 10. Planning and Zoning Commission Minutes 11. Draft Ordinance 12. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Sean Jacobson Assistant Planner A. Hold a public hearing and consider making a recommendation to City Council regarding a request by Jon Featherston on behalf of Victory & 288 LLC for a zoning change from Neighborhood Residential Mixed Use (NRMU) to a Community Mixed Use General (CM- G) District. The 0.744 acre site is generally located southwest of the intersection of East University Drive and Loop 288, in the City of Denton, Denton County, Texas. (Z18-0012, Victory Addition, Sean Jacobson). Chair Rozell opened the Public Hearing. Sean Jacobson, Associate Planner, presented the request. The applicant is present. Staff recommends approval of the request. Jacobson stated staff has not received any returned responses. Commissioner Smith questioned the intent for the proposed rezoning. Jon Featherston, applicant, 10755 Sandhill Road, Dallas, Texas, stated the intent is to demolish the existing structures on the site and rebuild a new gas station and convenience store. Commissioner Beck stated this will be a nice change to the area. There was no one else to speak, Chair Rozell closed the Public Hearing. Commissioner Beck motioned, Commissioner Tim Smith seconded to approve the request. Motion approved (6-0). Staff Analysis Z18-0012/Victory Addition City Council District 2 Planning & Zoning Commission August 21, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a zoning change from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G) District on an approximately 0.744 acre lot, the subject site is generally located on the southwest corner of the intersection of E. University Drive and Loop 288, map; 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 recommended 6-0 to approve this request. (Z18-0012, Victory Addition, Sean Jacobson) OWNER: Victory & 288 LLC APPLICANT: Jon Featherston BACKGROUND: The property owner is proposing a zoning change from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use General (CM-G). The purpose of this rezoning request is to facilitate the development of a convenience store with gas pump islands on a property at the intersection of two major roadways which currently is occupied by vacant structures. This property is located at the intersection of two primary arterial roadways surrounded primarily by commercially developed properties. The Community Mixed-Use General zoning district is intended to provide the shopping, services, recreation, employment and institutional facilities that are needed by the surrounding community, particularly in locations with easy access, such as along major roadways or at the intersection of local roads and arterial streets, making CM-G a more appropriate zoning for this location. SITE DATA: The subject property is a single 0.744 acre parcel. The property is currently developed with two vacant buildings and accessory structures. The property is currently zoned Neighborhood Residential Mixed Use, which is a high-density residential mixed-use district that permits primarily multifamily residential (as part of a mixed-use development), detached single-family residential housing, and medium-intensity commercial and institutional development including hotels, daycares, small retail stores, medical centers, and bars and restaurants with certain limitations. A schedule of permitted uses in the current zoning district is attached as Exhibit 7. The property has approximately 136.19 feet of frontage on East University Drive, approximately 120.8 feet of frontage on the service road for TX State Highway Loop 288 (Loop 288), and approximately 84.66 feet of frontage on a corner clip at the intersection of E. University Drive and Loop 288. Both East University Drive and Loop 288 are classified as Primary Arterials per the City of Denton Mobility Plan. Primary Arterials provide major traffic movements within the City; they are typically the highest traffic volume roadways in the city. East University Drive is a six- lane divided roadway. The service road is a two-lane access roadway connecting to Loop 288, which is four- to six-lane highway. The subject property has driveway access on both frontages. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Employment Center - Zoning: Employment Center - Zoning: Employment Center - Commercial (EC-C) District Commercial (EC-C) District Commercial (EC-C) District Use: Undeveloped (Vacant Use: Undeveloped (Vacant Use: Retail Sales & Service Commercial) Commercial) West: East: Zoning: NRMU District Zoning: Planned Development (PD) District SUBJECT PROPERTY Use: Retail Sales & Service Use: Undeveloped (Vacant Commercial) Southwest: South: Southeast: Zoning: Planned Development Zoning: NRMU District Zoning: NRMU District (PD) District Use: Undeveloped (Vacant Use: Retail Sales & Service Use: Retail Sales & Service Commercial) REVIEW CRITERIA: 1. Section 35.3.4.B of the Denton Development Code (DDC) states that an application for a rezoning may be approved based on the following criteria: a. The proposed rezoning conforms to the Future Land Use Element of the Denton Plan 2030. The purpose of the CM-G District is intended to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. This zoning is typically located in areas with easy access, such as along major roadways or the intersection of local roads and arterial streets. Most commercial and institutional uses are permitted by right. Multi-family dwelling is permitted with an approved Specific Use Permit or as part of a mixed use development. Refer to the attached list of permitted uses in the CM-G District for further detail (Exhibit 7). The proposed CM-G District is compatible with the surrounding areas. The property has frontage on East University Drive and on Loop 288, both Primary Arterials, and the property is in close proximity to other commercial uses, which makes the permitted commercial uses in CM-G (including drive-through uses) compatible with the area. The undeveloped properties in the area are located along Primary Arterials and zoned either EC-C or NRMU, both of which permit commercial uses, so a CM-G District should be compatible with these properties, since most or all are likely to develop as commercial properties. Some CM-G uses may be considered less compatible with the duplex neighborhood and adjacent single-family neighborhood to the southwest, but these neighborhood are more than 800 feet away and buffered from the subject property by a thick line of trees and dense shrubbery. Per the Future Land Use Map in Denton Plan 2030, the subject property is designated as Community Mixed Use. The Community Mixed Use land use designation is intended to promote a mix of uses, of which various commercial uses remain predominant, but where residential, service, and other uses are complimentary. This land use applies to existing and future commercial areas in the city, where redevelopment to mixed-use is desirable. The intent is to encourage infill and redevelopment for a more diverse and attractive mix of uses over time. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. It is not anticipated that this rezoning would impede adequate provision of public infrastructure. East University Drive and Loop 288 are both Primary Arterials and can handle the traffic demand of the primary and supporting uses intended for Community Mixed Use areas. Both water and wastewater service are available along the front of, or adjacent to, the property. However, additional analysis will be conducted at the site development phase to determine impacts on surrounding infrastructure. Compliance with all transportation, drainage, and infrastructure requirements is mandatory with development of the site. Further, all proposed development must meet City requirements for tree preservation and other environmental impacts. STAFF RECOMMENDATION: Staff recommends approval of the request as it meets the established criteria in DDC Section 35.3.4B. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 6 notices were sent to property owners within 200 feet of the subject property, 11 courtesy notice postcards were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and two signs were placed on the property. As of this writing, staff has not received any responses. NEIGHBORHOOD MEETING: As of this writing, no neighborhood meeting was held by the applicant. PLANNING AND ZONING COMMISSION: On August 8, 2018 the Planning and Zoning Commission held a public hearing and recommended approval of the request \[6-0\]. At the public hearing, applicant spoke regarding the request and answered brief questions from commissioners. Commissioners expressed appreciation for potential redevelopment of the property that would be enabled if the rezoning request is approved. Z18-0012 Site Location 0100200400 Feet SITE µ Parcels Roads Date: 7/6/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0012 Existing Zoning Map IC-E NR-3 EC-C EC-I NRMU PD NRMU-12 NR-2 0100200400 Feet SITEEC-CNR-3 µ EC-INRMU Parcels IC-ENRMU-12 Roads NR-2PD Date: 7/6/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0012 Future Land Use Map Community Mixed Use BRANDYWINE Business Innovation Neighborhood Mixed Use Moderate Residential Low Residential 02555101,020 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Community Mixed Use Date: 7/6/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0012 Proposed Zoning Map IC-E NR-3 EC-C EC-I CM-G NRMU PD NRMU-12 NR-2 0100200400 Feet CM-G SITEEC-CNR-3 µ EC-INRMU Parcels IC-ENRMU-12 Roads NR-2PD Date: 7/6/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. /ƚƒƦğƩźƭƚƓƚŅtĻƩƒźƷƷĻķ ƭĻƭ /aD wĻƭźķĻƓƷźğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa AccessoryDwellingUnits bb Agriculture tt AttachedSinglefamilyDwellingsL(40)b CommunityHomesFortheDisabled tt Dormitory{ tb Duplexes bb DwellingsAboveBusinesses tt FraternityorSororityHouse{ tb GroupHomes{ tb LivestockL(7)L(7) Live/WorkUnits tt ManufacturedHousingDevelopments bb { t MultiFamilyDwellingsL(6)&L(4) L(4) SinglefamilyDwellings bb P=Permitted, N=Notpermitted, SUP=SpecificUsePermitRequired, L(X)=LimitedasdefinedinSection35.5.8 /ƚƒƒĻƩĭźğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa /aD AdministrativeorResearchFacilitiesL(14)t AutoandRVSales bt BarL(11)t BedandBreakfast tt BroadcastingofProductionStudioL(14)t CommercialParkingLots bt DrivethroughFacility{ tt EquestrianFacilities bb HomeOccupation tb Hotels tt IndoorRecreation bt LaundryFacilities tt MajorEventEntertainment b{ t Motels bt MovieTheaters b{ t OutdoorRecreation{ tt PrivateClubL(11)t ProfessionalServicesandOfficesL(17)t QuickVehicleServicing{ tt /ƚƒƒĻƩĭźğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa /aD RestaurantL(11)t RetailSalesandServiceL(17)t SaleofProductsGrownonSite bb { t SelfserviceStorage b L(35) SexuallyOrientedBusiness bb TemporaryUsesL(38)L(38) VehicleRepair bt P=Permitted, N=Notpermitted, SUP=SpecificUsePermitRequired, L(X)=LimitedasdefinedinSection35.5.8 LƓķǒƭƷƩźğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa /aD BakeriesL(21)t CompressorStations bb ConstructionMaterialsSales bb CraftAlcoholProduction{ t L(12) DistributionCenter/Warehouse, bb General FeedLots bb FoodProcessing bb LƓķǒƭƷƩźğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa /aD GasWellsL(27)L(27) HeavyManufacturing bb JunkYardsandAutoWrecking bb Kennels bb LightManufacturing bb ManufactureofNonodoriferousFoods bb Printing/Publishing bt SanitaryLandfills,Commercial bb Incinerators,TransferStations VeterinaryClinics tt Warehouse,Retail bb WholesaleNurseries bb WholesaleSales bb WreckerServicesandImpoundLots bb P=Permitted, N=Notpermitted, SUP=SpecificUsePermitRequired, L(X)=LimitedasdefinedinSection35.5.8 LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa /aD AdultorChildDayCare tt BasicUtilitiesL(25){ t Business/TradeSchoolL(25)t Cemeteries bb Churches tt Colleges bt CommunityService tt Conference/ConventionCenters bt ElderlyHousing bb ElectricSubstationsandSwitchStationsL(43)L(43) HighSchool{ tt Hospital bb Kindergarten,ElementarySchool tt MedicalCenters tt MiddleSchool tt Mortuaries bt ParksandOpenSpace tt Semipublic,Halls,Clubs,andLodges tt LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ ƭĻ/ğƷĻŭƚƩźĻƭbwa /aD WECS(Buildingmounted){ t{ t WECS(FreestandingMonopole { t{ t SupportStructure) P=Permitted, N=Notpermitted, SUP=SpecificUsePermitRequired, L(X)=LimitedasdefinedinSection35.5.8 \[źƒźƷğƷźƚƓƭ Thefollowingdefinethelimitationstozoninguseswhenthezoningmatrixidentifiesauseaspermitted, butlimited: \[ΛЊΜ=Accessorydwellingunitsarepermitted,subjecttothefollowingadditionalcriteria: 1.Theproposalmustconformwiththeoverallmaximumlotcoverageandsetbackrequirements oftheunderlyingzone. 2.Themaximumnumberofaccessorydwellingunitsshallnotexceedone(1)perlot. 3.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessoryresidentialstructureshallnot exceedfifty(50)percentoftheGHFAoftheprimaryresidenceonthelot,andshallnotexceed onethousand(1,000)sq.ft.GHFAunlessthelotmeetstherequirementsofL(1).5. 4.One(1)additionalparkingspaceshallbeprovidedthatconformstotheoffstreetparking provisionsofthisChapter. 5.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessoryresidentialstructureshallnot exceedfifty(50)percentoftheGHFAoftheprimaryresidenceonthelot,wherethelotsizeis equaltoorgreaterthanten(10)acresinsize.AnSUPisnotrequiredforsuchanaccessory residentialstructurewherethelotsizeisequaltoorgreaterthanten(10)acres. \[ΛЋΜ=Forinfilllots,thefrontsetbackshallbeanaverageoftheadjacentlots. \[ΛЌΜ=Inpartofasubdivisionoftwo(2)acresormore,uptotwo(2)unitsmaybeattachedbyacommon wallifthelotswhichcontaintheattachedstructuresdonotabuttheperimeterlotlinesofasubdivision, theindividualcommonwallunitsareonseparatelotsdesignedtobesoldindividually,andtheycomply withtheSubchapter13.Additionally,unitsmusthavetheappearanceofasinglefamilyresidencefrom thestreet. \[ΛЍΜ=Multifamilyispermittedonly: 1.WithaSpecificUsePermit;or 2.AspartofaMixedUseDevelopment;or 3.AspartofaMasterPlanDevelopment,Existing;or 4.Ifthedevelopmentreceivedzoningapprovalallowingmultifamilyusewithinone(1)yearprior totheeffectivedateofOrdinanceNo.2005224;or 5.IfallowedbyaCityCouncilapprovedneighborhood(smallarea)plan. \[ΛЎΜ=Withinthisdistrictthedensityofapartmentswillbecalculatedasone(1)bedroomequatingtoone half(.5)unit. nd \[ΛЏΜ=Permittedonlyonsecond(2)storyandabove,whenanoffice,retail,orotherpermitted commercialuseisonthegroundflooralonganyavenue,collector,orarterialstreet,otherwiseofficeor retailusesarenotrequired. \[ΛАΜ=Limitedtotwo(2)animalsonparcelsone(1)tothree(3)acresinsize.Additionalanimalsmaybe addedatarateofone(1)pereachacreoverthree(3). \[ΛБΜ=Travelers'accommodations,arepermitted,providedthat: 1.Thebusinessownerormanagershallberequiredtoresideonthepropertyoccupiedbythe accommodation,oradjacentproperty. 2.Thateachaccommodationunitshallhaveone(1)offstreetparkingspace,andtheownersshall havetwo(2)parkingspaces.Allspacesshallbeinconformancewiththerequirementsofthe OffStreetParkingsectionofthisChapter. 3.Thatonlyone(1)groundorwallsign,constructedofanonplasticmaterial,noninterior illuminatedoffour(4)sq.ft.maximumsizebeallowed.Anyexteriorilluminationofsignageshall beinstalledsuchthatitdoesnotdirectlyilluminateanyresidentialstructuresadjacentornearby thetravelers'accommodation. 4.Thatthenumberofaccommodationunitsallowedshallbeproportionaltothepermitteddensity ofthezone.Eachtraveler'saccommodationunitshallbecountedas0.6unitsforthepurpose ofcalculatingthepermittednumberoftraveler'saccommodations. 5.Alltraveler'saccommodationsshallbewithintwohundred(200)feetofacollectororarterial. StreetdesignationsshallbeasdeterminedbytheCityComprehensivePlan.Distancesshallbe measuredviapublicstreetoralleyaccesstothesitefromthearterial. 6.Excludingthebusinessowner'sunitandtheareaofthestructureitwilloccupy,theremustbe atleastfourhundred(400)sq.ft.ofgrossinteriorfloorspaceremainingperunit. 7.Traveler'saccommodationsarelimitedtonomorethaneight(8)guestunits. \[ΛВΜ=AllrestrictionsofL(8),butlimitedtonomorethanfifteen(15)guestunits. \[ΛЊЉΜ=AllrestrictionsofL(8),butlimitedtonomorethanfive(5)guestunits. \[ΛЊЊΜ=Limitedtositdownonly,andnodriveupservicepermitted.Limitedtonomorethanonehundred (100)seatsandnomorethanfourthousand(4,000)squarefeetofrestaurantarea. \[ΛЊЋΜ=Onpremiseconsumptionorretailsalesandshalllimittheusetonomorethantenthousand (10,000)squarefeetofgrossfloorareaforproduction,bottling,packaging,storing,andother manufacturingrelatedactivities,andadditionalsquarefootageshallrequireaSpecificUsePermit. \[ΛЊЌΜ=Usesarelimitedtonomorethanfiftyfivethousand(55,000)squarefeetofgrossfloorareaper lot. \[ΛЊЍΜ=Usesarelimitedtonomorethantenthousand(10,000)squarefeetofgrossfloorarea. \[ΛЊЎΜ=Usesarelimitedtonomorethanfivethousand(5,000)squarefeetofgrossfloorareaperlot.An SUPisrequiredforadditionalsquarefootageforSemiPublicHalls,ClubsandLodges. \[ΛЊЏΜ=Usesarelimitedtonomorethanonethousandfivehundred(1,500)squarefeetofgrossfloorarea perlot. \[ΛЊАΜ=Usesthatexceedtwentyfivethousand(25,000)squarefeetofgrossfloorareaperuserequire approvalofaSUP. \[ΛЊБΜ=UsesarepermittedonlyinassociationwithGasStationsandarelimitedtonomorethanfive thousand(5,000)squarefeetofgrossfloorareaexceptadjacenttoI35thenusesarelimitedtoten thousand(10,000)squarefeetofgrossfloorarea. \[ΛЊВΜ=Allowedasanaccessoryusetotheprimarybusiness(es)withinthesamestructure.Theaccessory useislimitedtothoseemployeesorownersofthebusinessorbusinesseswithinthesamestructure. \[ΛЋЉΜ=Permitted,butoutdoorstorageofautosprohibited. \[ΛЋЊΜ=Bakeryandbottlingareasnottoexceedtwothousandfivehundred(2,500)squarefeet.Saleson premisesofproductsproducedrequiredinthiszone. \[ΛЋЋΜ=UsesarepermittedonlyinassociationwithGasStationsandarelimitedtonomorethantwenty five(25)seatsexceptadjacenttoI35thenthenumberofseatsislimitedtofifty(50). \[ΛЋЌΜ=Lightmanufacturingofproductssoldonsitepermitted,areaofmanufacturenottoexceedfive thousand(5,000)squarefeet. \[ΛЋЍΜ=Lightmanufacturingofproductssoldonsitepermitted,areaofmanufacturenottoexceedone thousandfivehundred(1,500)squarefeet. \[ΛЋЎΜ=Ifproposeduseiswithintwohundred(200)feetofaresidentialzone,approvalissubjecttoa SpecificUsePermit. \[ΛЋЏΜ=Usesarelimitedtonomorethantwothousandfivehundred(2,500)squarefeetofgrossfloor areaperlot. \[ΛЋАΜ=MustcomplywiththeprovisionsofSubchapter89,GasWellDrillingandProduction. \[ΛЋБΜ=Useallowedaspartofconsolidatedparkingplan. \[ΛЋВΜ=WreckerServicesandImpoundLotsmustcomplywiththefollowingprovisions: 1.ThesubjectlotshallcomplywiththeprovisionsoftheTexasAdministrativeCode,regarding VehicleStorageFacilities. 2.LotScreening:Allstoredvehiclesshallbeopaquelyscreenedfromallrightsofwayand residentialusesandzoningdistricts. 3.Parkingandvehiclestorageareasassociatedwithwreckerservicesandimpoundlotsactivities arenotallowedwithinundevelopedfloodplain,waterrelatedhabitat,andriparianbuffer environmentallysensitiveareas(ESA). 4.Bestmanagementpracticesaddressingstormwaterqualitymustbeimplementedand maintainedonsite.Managementpracticesmustattainthepollutantremovalcapabilities recommendedforparkingareasintheIntegratedStormWaterManagement(ISWM)Manual, aspublishedbytheNorthCentralTexasCouncilofGovernments,orsimilarpracticesconsistent withlowimpactdevelopment(LID)approaches. \[ΛЌЉΜ=Permittedaspartofamixedusebuildingandonlyinconjunctionwithoffice,retail,orother permittedcommercial,orinstitutionaluses,equaltoatleastfifteen(15)percentofthefloorspaceofthe residentialusealonganyavenue,collector,orarterialstreet,otherwisetheseusesarenotrequired. \[ΛЌЊΜ=Permittedaspartofamixedusebuildingandonlyinconjunctionwithoffice,retail,orother permittedcommercial,orinstitutionaluses,equaltoatleasttwentyfive(25)percentofthefloorspace oftheresidentialusealonganyavenue,collector,orarterialstreet,otherwisetheseusesarenotrequired. \[ΛЌЋΜ=Notallowedtolocateadjacenttoanarterialandwithinonethousand(1,000)feetasmeasured fromthenearestpropertylineofasexuallyorientedbusinesstothenearestpropertylineofanyother sexuallyorientedbusiness,adultorchilddaycare,anyelderlyhousingfacility,hospital,anyresidential use,publicopenspace. \[ΛЌЌΜ=AdditionalheightmaybeallowedwithanSUPandaviewshedstudy,whichillustratesthatany viewsoftheHistoricCourthousearenotblockedbythenewstructure(s)additionalheight. \[ΛЌЍΜ=Permittedwithnomorethanonehundredfiftythousand(150,000)grosssquarefeetandeight(8) truckdocks.Alldocksorloadingbaysshallbetotherearorsideofthestructureandnotviewablefrom thestreet.Thebufferingstandardsforoutdoorstorageshallapply,bothtoanyoutdoorstorageactivity andtotheloadingdocks. \[ΛЌЎΜ=SelfServiceStorageusesmustcomplywiththefollowingprovisions: 1.Allsidesofaselfservicestoragefacilityshallbeconstructedof100percentmasonry,stone, architecturalconcreteblockwithintegratedcolor(splitfaceCMU),stucco,concretetiltwall (coloredorstamped). 2.Thelimitationonexteriormaterialsisexclusiveoffenestrationssuchasdoors,windows,glass andentrywaytreatments.Glassmaynotaccountformorethan70percentoftheexteriorwall area. 3.Nooverheadbaydoorsand/orstorageunitdoorsmaybevisiblefromadjacentpropertyor publicrightofway. 4.Nooutdoorstoragepermitted. 5.Allproposedfencingmaterialsarelimitedtomasonryandwroughtironandshallbeconstructed incompliancewithSection35.13.9,asamended. 6.LandscapebuffersshallbeprovidedinaccordancewithSection35.13.8,asamended. \[ΛЌЏΜ=Permittedwhencombinedwithretailsales. acreminimumlandarearequiredandnomorethantwentyfive(25)kennelsperacre \[ΛЌАΜ=Five(5) allowed,includingindoorandoutdoorruns.Anaturalbufferstripisrequiredadjacenttoanyresidential use. \[ΛЌБΜ=MustmeettherequirementsofSection35.12.9. \[ΛЌВΜ= \[ΛЍЉΜ=Limitedtoamaximumtwelve(12)unitsperacre. \[ΛЍЊΜ=LotswheretheproposedWECSwillbelocatedshallhaveaminimumlotareaoftwo(2)acres.A maximumofone(1)WECSispermittedbyright.MultipleWECSarepermittedonlywithapprovalofa SUP. \[ΛЍЋΜ=BuildingmountedWECSmaynotextendhigherthanten(10)feetabovewheretheWECSis mountedonthebuilding.TheheightshallbemeasuredfromthebaseoftheWECSwhereitismounted onthebuildingtothehighestpointofthearcoftheblades'elevation.IftheWECSdoesnotuseblades, thenheightismeasuredfromthebaseoftheWECSwhereitismountedonthebuildingtothehighest pointoftheWECS. \[ΛЍЌΜ=ElectricSubstationsandSwitchStationsarepermittedsubjecttothefollowingcriteria: 1.AnapplicantshallberequiredtosubmitanapplicationforaSpecificUsePermitpursuantto Subsection35.6inaccordancewithproceduressetforthinSubsection35.3.4unlessitisableto meetthefollowingrequirements: A.UseofthepropertyisassociatedwithaCityCouncilapprovedCapitalImprovementsPlan (CIP)orotherCityCouncilapprovedMasterPlan;and B.ApublichearingwasheldattheCityCouncilfortheselectionofthesitetoinclude: i.Writtennoticeofthepublichearingwasprovidedtopropertyownerswithintwo hundred(200)feetandphysicaladdresseswithinfivehundred(500)feetofthesubject propertyatleasttwelve(12)dayspriortopublichearing;and ii.Asignadvertisingthepublichearingwaspostedonoradjacenttothepropertyatleast twelve(12)dayspriortothepublichearing. C.Aneighborhoodmeetingwasheldatleastfifteen(15)dayspriortothepublichearingat CityCouncilfortheacquisitionofthesite. 2.AllElectricSubstationsorSwitchStationsshallcomplywiththefollowingdevelopment requirements: 1.Theproposedelectricsubstationorswitchstationshallsubstantiallycomplywithallofthe developmentandregulatorystandardsestablishedinSubchapter24;and 2.Asiteplandemonstratingsubstantialconformancewithalltheapplicabledesignstandards identifiedinSubchapter24shallbesubmitted. Z18-0012 Notification Map 200ft Buffer 500ft Buffer 0100200400 Feet SITE µ Parcels Roads Date: 7/6/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0012 Current Land Use Map 0100200400 Feet SITEGovernmentParks and Open Space Current Land Use µ IndustrialReligious Agriculture Parcels InfrastructureResidential Cemetaries Roads InstitutionalUndeveloped Commercial Date: 7/24/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0007c,Version:1 AGENDA CAPTION HoldapublichearingandconsideranordinanceoftheCityofDenton,Texas,regardingtheassignmentofan initialzoningclassificationofNeighborhoodResidential2(NR-2)zoningdistrictanduseclassificationona parceloflandcontainingapproximately1.0acreoflandgenerallylocatedonthenorthsideofMillerRoad, approximately460feeteastoftheintersectionofN.MaschBranchRoadandMillerRoad,intheCityof Denton,DentonCounty,Texas;adoptinganamendmenttothecity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandan effectivedate.ThePlanningandZoningCommissionrecommendsapproval(4-0).(Z18-0007,LittleBrook Estates, Cindy Jackson) City of DentonPage 1 of 1Printed on 8/17/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Department of Development Services CM: Todd Hileman DATE: August 21, 2018 SUBJECT Hold a public hearing and consider an ordinance of the City of Denton, Texas, regarding the assignment of an initial zoning classification of Neighborhood Residential 2 (NR-2) zoning district and use classification on a parcel of land containing approximately 1.0 acre of land generally located on the north side of Miller Road, approximately 460 feet east of the intersection of N. Masch Branch Road and Miller Road, in the City of Denton, Denton County, map; 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 (4- 0). BACKGROUND The site is part of Lot 7 of Little Brook Estates. Lot 7 was subdivided by metes and bounds in 1977 into one (1) acre parcels. Miller Road was created by easement at the same time. The one (1) acre subject site was annexed into the City in 2010 as part of PAA2. It is currently zoned RD-5X, which is the holding district assigned to newly annexed property. The property owner wishes to build a single family home on the site. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval (4-0). Staff recommends approval of this request, as it meets the established requirements. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 4, 2010, the City Council approved the annexation of sections of PAA2, of which this is a part (Ord. No. 2010-118). July 25, 2018, the Planning and Zoning Commission recommended approval of this proposed initial zoning designation of Neighborhood Residential 2 (NR-2). STRATEGIC PLAN RELATIONSHIP -oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses table 8. Notification Map 9. Planning and Zoning Commission Minutes 10. Draft Ordinance 11. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner Planning Report Z18-0007/Little Brook Estates City Council District #3 August 21, 2018 REQUEST: Hold a public hearing and consider an ordinance of the City of Denton, Texas, regarding the assignment of an initial zoning classification of Neighborhood Residential 2 (NR-2) zoning district and use classification on a parcel of land containing approximately 1.0 acre of land generally located on the north side of Miller Road, approximately 460 feet east of the intersection of N. Masch Branch Road and Miller Road, in the City of Denton, Denton County, Texas; adopting an $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends approval (4-0). (Z18-0007, Little Brook Estates, Cindy Jackson) BACKGROUND: The applicant, Marc DeGenaro representing Daniel Sobarames Hernandez, is requesting approval of an initial zoning designation of NR-2, pursuant to the development of the site with a single family residence. The NR-2 District is primarily intended for single-family uses with a maximum density of two dwelling units per acre. For subdivisions greater than two acres, there are no minimum lot sizes stipulated by the Denton Development Code (DDC). Non-residential uses by right or with limitations include churches, outdoor recreation, kennels, and veterinary clinics. More intensive non-residential uses, including day cares, elementary schools, and equestrian facilities, are permitted with a Specific Use Permit (SUP). SITE DATA The site is part of Lot 7 of Little Brook Estates. Little Brook Estates was subdivided by metes and bounds in 1977 prior to annexation into 16 one (1) acre parcels. Miller Road was created by easement at the same time. The one (1) acre subject site was annexed into the City in 2010 as part of PAA2. It is currently zoned RD-5X, which is the holding district assigned to newly annexed property. The subject site is located within 1,000 feet of two gas well Drilling and Production Sites. The reverse setback required between a new protected use and a gas well drilling and site is 250 feet. The subject site is approximately 600 feet from the nearest pad sites. Surrounding Zoning and Land Uses: Northwest: North: Northeast: Zoning : RD-5X Zoning : RD-5X Zoning : RD-5X Land Use: Undeveloped Land Use: Undeveloped Land Use: Undeveloped Pasture Pasture Pasture West: East: Zoning : RD-5X Zoning : RD-5X SUBJECT PROPERTY Land Use: Single Family Land Use: Single Family Residential Residential Southwest: South: Southeast: Zoning : RD-5X Zoning : RD-5X Zoning : RD-5X Land Use: Agricultural Use Land Use: Pasture Land Use: Single Family Residential CONSIDERATIONS: Section 35.3.4 of the DDC states that an application for a rezoning may be approved based on the following criteria: 1. The proposed rezoning conforms to the Future Land Use element of the Denton Plan. Per the Future Land Use Map in Denton This designation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks developed in a campus-like setting that will include supporting uses such as retail, hotels, and residential. This designation is proposed for areas that are in close proximity to commercial use areas and employment hubs within the city. The proposed NR-2 zoning district are compatible with the Business Innovation Future Land Use designation. When a rezoning request does not conform to the Future Land Use Designation for the site, the DDC provides additional criteria for evaluation of the request in Section 35.3.3.B(3). The following criteria are intended to balance the interest in promoting the public health safety, morals, or general welfare against the right to the use of the property: a. The existing land use pattern surrounding the property and the possible impact on existing or future development or uses that are in accordance with existing regulations. The existing land uses surrounding the subject site include single family residences, and open pasture. There are some gas wells located in the area, however, they are outside the required reverse setback of 250 feet. The proposed residential use is appropriate for this location. b. The possible creation of an isolated district unrelated to adjacent and nearby district. The applicant is requesting an initial zoning of the site to NR-2 for the purpose of constructing a single family residence. The site is part of Lot 7 of Little Brook Estates. Little Brook Estates was subdivided by metes and bounds in 1977 into 16 one (1) acre parcels. Miller Road was created by easement at the same time. The one (1) acre subject site was annexed into the City in 2010 as part of PAA2. It is currently zoned RD-5X, which is the holding district assigned to newly annexed property. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. The overall density of Little Brook Estates is one (1) dwelling unit per acre, which is lower than the maximum permitted density of two (2) dwelling units per acre in the NR-2 district. Water service is available to the site, and the developed lots utilize a septic system for wastewater. The potential impact of development of the site was anticipated during annexation and was found to have little effect. d. The cost to the City and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures. drainage, and infrastructure requirements. Impact fees for water, wastewater, and roadways would be assessed with building permits. e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity. Given that the use will be for a single family house, environmental impacts are not anticipated to be an issue. A drainage analysis of the site will be conducted during the platting and civil engineering process to ensure no negative impacts. f. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning or that proposed by the Future Land Use Map. The subject property was annexed in 2010 as part of section PAA2 and this is the initial zoning assignment for the subject property. Upon annexing, a holding designation of RD-5X is placed on the property. While a single family house would be permitted, a minimum of 5 acres is required. As a result, the property is limited in the uses permitted. g. The action shall be made with reasonable consideration of the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City. Per the Denton Plan 2030 and the Future Land Use Map, the most appropriate zoning designations for this site are either of the Rural Districts, Employment Center Commercial (EC-C), and Employment Center Industrial (EC-I). The proposed rezoning to NR-2 would maintain the large lot residential character of the area. 2. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, other public requirements, and public convenience. The property is currently served by an eight (8) inch water line. The single family house will be required to install a septic system for wastewater. Additionally, a single-family house will have a de minims impact on the transportation network. STAFF RECOMMENDATION: While the rezoning request does not comply with the Future Land Use Map, the request does comply with the criteria in Section 35.3.3.B (3), and the character of the surrounding area. As such, staff recommends approval of this rezoning request. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, ten notices were sent to property owners within 200 feet of the subject property, 15 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. The applicant did not hold a neighborhood meeting. Z18-0007 Site Location JACKSON MILLER 0125250500 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 4/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0007 Existing Zoning Map JACKSON MILLER RD-5X ETJ 0125250500 Feet SITEETJ µ RD-5X Parcels Roads Date: 4/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0007 Future Land Use Map Business Innovation JACKSONMILLER Rural Areas 02555101,020 Feet SITE Future Land Use µ Rural Areas Parcels Business Innovation Roads Date: 4/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Z18-0007 Proposed Zoning Map JACKSON MILLER RD-5X ETJ 0125250500 Feet SITEETJ µ RD-5X Parcels NR-2 Roads Date: 4/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Exhibit7 ComparisonofPermittedUses w5ΏЎbwΏЋ wĻƭźķĻƓƷźğƌ ƭĻƭ Agriculture PP Livestock L(7)L(7) Single-family Dwellings PP Accessory Dwelling Units PSUP/L(1) Attached Single-family Dwellings NN Dwellings above Businesses NN Live/Work Units PN Duplexes NN Community Homes for the Disabled PP Group Homes SUPN Multi-family Dwellings NN Fraternity or Sorority House NN Dormitory NN Manufactured Housing Developments PSUP w5ΏЎbwΏЋ /ƚƒƒĻƩĭźğƌ \[ğƓķ ƭĻƭ Home Occupation PP Sale of Products Grown on Site PN Hotels NN Motels NN Bed and Breakfast L(10)N Retail Sales and Service NN Movie Theaters NN Restaurant NN Private Club NN Bar NN Drive-Through Facility NN Professional Services and Offices NN Quick Vehicle Servicing NN Vehicle Repair NN Auto and RV Sales NN Laundry Facilities NN Equestrian Facilities PSUP Outdoor Recreation PP Indoor Recreation NN Major Event Entertainment NN Commercial Parking Lots NN Administrative or Research Facilities SUPN Broadcasting or Production Studio SUPN Sexually Oriented Business NN Self-service Storage NN Temporary Uses L(38) Craft Alcohol Production w5ΏЎbwΏЋ LƓķǒƭƷƩźğƌ \[ğƓķ ƭĻƭ Printing/Publishing NN Bakeries NN Manufacture of Non- Odiferous Foods NN Feed Lots SUPN Food Processing NN Light Manufacturing NN Heavy Manufacturing NN Wholesale Sales NN Wholesale Nurseries PN Distribution Center/Warehouse, General NN Warehouse, Retail NN Self-Service Storage NN Construction Materials Sales NN Junk Yards and Auto Wrecking NN L(27)L(27)L(27) Kennels L(14)L(37) Veterinary Clinics PL(14) Sanitary Landfills, Commercial Incineratiors, Transfer Stations NN Compressor Stations NN Craft Alcohol Production NN Gas Wells L(27)L(27) w5ΏЎbwΏЋ LƓƭƷźƷǒƷźƚƓğƌ \[ğƓķ ƭĻƭ Basic Utilities PL(25) Community Service NN Parks and Open Space PP Churches PP Semi-Public Halls, Clubs, and Lodges NSUP Business/Trade School NN Adult or Child Day Care PSUP Kindergarten, Elementary School PSUP Middle School NN High School NN Colleges NN Conference/Convention Centers NN Hospital NN Elderly Housing NN Medical Centers NN Cemeteries NN Mortuaries NN WECS (freestanding monopole) L(41)SUP WECS (building mounted) L(42)SUP Electric Substations & Switch Stations L(43)L(43) Basic Utilities w5ΏЎbwΏЋ DĻƓĻƩğƌ wĻŭǒƌğƷźƚƓƭ Minimum Lot Area (square feet) 5 acres16,000 Maximum Density 0.22 Maximum FAR Maximum Lot Coverage 15%30% Minimum Landscaped Area 75%70% Maximum Building Height 65 feet40 feet LIMITATIONS: \[ΛЊΜ= Accessory dwelling units are permitted, subject to the following additional criteria: 1.The proposal must comply with the overall maximum lot coverage and setback requirements of the underlying zone. 2.The maximum number of accessory dwelling units shall not exceed 1 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 1000 sq. ft. 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 this Chapter. 5.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, where the lot size is equal to or greater than ten acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten acres. \[ΛАΜ 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. \[ΛЊЉΜ= All restrictions of L(8), but limited to no more than 5 guest units. \[ΛЊЍΜ= Uses are limited to no more than 10,000 square feet of gross floor area. \[ΛЋЎΜ= If proposed use is within 200 feet of a residential zone, approval is subject to a Specific Use Permit. \[ΛЋАΜ= Must comply with the provisions of Subchapter 22, Gas Well Drilling and Production. \[ ΛЌАΜ= 5-acre minimum land area required and no more than 25 kennels per acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. \[ ΛЌБΜ= Must meet the requirements of Section 35.12.9. \[ ΛЍЊΜ= Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. \[ ΛЍЋΜ= Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building not use blades, then height is measured from the base of the WECS where is mounted on the building to the highest point of the WECS. \[ΛЍЌΜ = Electric Substations and Switch Stations are permitted subject to \[ΛЍЌΜ = Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and A public hearing was held at the City Council for the selection of the site to include: i. Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and ii. A sign advertising the public hearing was posted on or adjacent to the property at least twelve (12) days prior to the public hearing. C. A neighborhood meeting was held at least fifteen (15) days prior to the public hearing at City Council for the acquisition of the site. All Electric Substations or Switch Stations shall comply with the following development requirements: Z18-0007 Notification Map JACKSON MILLER 200ft Buffer 500ft Buffer 0125250500 Feet SITE µ Parcels Roads Date: 4/16/2018 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Exhibit9 PlanningandZoningCommissionMinutes Commissioner Beck motioned to approve the r stated he would second the motion and request a friendly amendment to the motion to add the increase of the wall height by two feet. Commissioner Beck agreed. The Commission thanked the citizens for providing their input. Commissioner Larry Beck motioned, Chair Jim Strange seconded to approve the request based on the following conditions: 1. No exterior lighting on the building shall face a single-family residential use, or if such lighting is proposed, it shall be screened from view of adjoining residential properties. A photometric plan shall be provided with the building permit application 2. Due to the proximity of this location to single-family residences, the majority of the PD being residential, and the lack of signage regulations in the PD, the project shall comply with the Code of Ordinances sign requirements for non-residential districts as well as the following limitations: a. no illuminated wall signs may face an adjoining single-family use; and 3. The proposed 6-foot tall masonry screening wall along the southern property line shall be increased to 8-foot. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Marc DeGenaro representing Daniel Sobarames Hernandez for an initial zoning designation of Neighborhood Residential 2 (NR-2) District. The 1.00 acre site is generally located east of Masch Branch Road, along Miller Road, in the City of Denton, Denton County, Texas. (Z18-0007, Little Brook Estate, Cindy Jackson). Chair Strange opened the Public Hearing. Cindy Jackson, Senior Planner, provided the presentation. Staff recommends approval of the request. Bill Coleman, Coleman and Associates, 725 S. Locust Street, Denton, Texas. Coleman did not have a presentation, but would request approval of this item. There was no one to speak. Chair Strange closed the Public Hearing. Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve this request. Motion approved (4-0). Commissioner Alfredo Sanchez "aye", Commissioner Larry Beck "aye", Chair Jim Strange "aye", and Commissioner Margie Ellis "aye". D. Hold a public hearing and consider making a recommendation to City Council regarding a request by Mayhill Edwards, LLC f/k/a SLP-Murphy GP, LLC for an initial zoning of Regional Center Residential 1 (RCR-1) District. The 15.06-acre site is generally located on the north side of Edwards Road, approximately 850 feet east of South Mayhill Road, in the City of Denton, Denton County, Texas. (Z18- 0009, Mayhill-Edwards, Julie Wyatt). В