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2018-12-04 Agenda with Backup
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"#$% &*)) $+!,+)$-.()%)58)0!?>!9;@A VW7ID7GI%3M7i%W\[%6IV7WV%3M7i%3WRV3Me%;WFK%=I==MWV%FWWJ% V6%3WRV3Me% 3G J\\IF=% FI% 33I==M\\eI%MV% 33WF6 V3I%;M7G%7GI% JIFM3 V=%;M7G% 6M= \\MeM7MI=% 37E%%7GI%3M7i%;Mee%`FWbM6I%=MYV%e VYR YI%MV7IF`FI7IF=%\[WF%7GI% GI FMVY%MJ` MFI6%M\[%FIoRI=7I6% 7%eI =7%?C%GWRF=%MV% 6b V3I%W\[%7GI%=3GI6ReI6% JII7MVYE%%`eI =I%3 ee%7GI%3M7i%=I3FI7 Fia=%W\[\[M3I% 7%O?TSCOAT%WF%R=I% 7IeI3WJJRVM3 7MWV=%6IbM3I=%\[WF%7GI%6I \[%N766P%\\i%3 eeMVY%BSCAASFIe iS7k%=W% 7G 7% %=MYV%e VYR YI%MV7IF`FI7IF%3 V%\\I%=3GI6ReI6%7GFWRYG%7GI%3M7i% =I3FI7 FiU=%W\[\[M3IE '+,$ #-).$)*/010/2*3 ' (#)*5) City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2044,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the results of the US 380 street lighting feasibility and photometric study conducted by HDR Engineering, Inc. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: December 4, 2018 SUBJECT Receive a report, hold a discussion and give staff direction regarding the results of the US 380 street lighting feasibility and photometric study conducted by HDR Engineering, Inc. BACKGROUND Council and various citizens have expressed concern regarding the lack of street lighting along major corridors within the City and how it negatively impacts the safety of both drivers and pedestrians. City Council was particularly interested in the US 380 corridor from I-35 E to Mayhill Rd. as the first corridor for analysis because it traverses both commercial and residential areas as well as passes by a major university. Engineering staff conducted a preliminary analysis to determine a high level cost of installing continuous street lights along the corridor and presented the results to Council. City Council then directed staff to take the next steps of hiring an engineering consulting firm to conduct a feasibility and photometric study along US 380 from I-35 E to Mayhill Rd. City staff hired HDR Engineering, Inc. to conduct the lighting study along the corridor. The study included determining current lighting levels, providing options of a new layout of light fixtures to achieve TxDOT standards, and determining more refined project cost estimates. Their analysis included conducting field visits along the corridor to determine existing conditions, analyzing two sample sections of the US 380 corridor in more depth, and performing a photometric analysis in a lighting analysis software to determine the new, proposed lighting specifications and layout. The two sample sections selected were a commercial section and a commercial/residential section. The commercial section is 100 feet in width and extends from I-35 E to Bonnie Brae St. The commercial/residential section is 80 feet in width and extends from Carroll Blvd. to North Bell Ave. The reason for differentiating between the two types of surrounding land uses and roadway widths is because a commercial land use section requires higher levels of lighting due to higher traffic and turning volumes. The results of the analysis of these two sample sections were then applied to the remainder of the corridor to determine the overall proposed layout as well as the overall cost estimate. LIGHTING STUDY RESULTS The photometric study results show that no consistent, continuous lighting exists along the corridor. It also shows that there are sidewalk sections along the corridor with no corresponding pedestrian lighting. The current lights along the corridor use 250 Watt high pressure sodium (HPS) bulbs, have luminaire mounting heights ranging from 25 to 40 ft., and have mast heights ranging from 4 to 12 ft. The following are the new, proposed lighting options for the two sample sections based on TxDOT standards: Proposed Commercial (100 ft. in width) – I35E to Bonnie Brae St. 175 ft. spacing 400 Watt equivalent Light Emitting Diode (LED) light fixtures 40 ft. high mounting height Single 12 ft. mast arm -Proposed Commercial/Residential (80 ft. in width) – Carroll Blvd. to N Bell Ave. 275 ft. spacing 400 Watt equivalent Light Emitting Diode (LED) light fixtures 40 ft. high mounting height Single 12 ft. mast arm The study also took into account pedestrian lighting levels along US 380. The only section along the corridor from I-35E to Mayhill Rd. that will need additional pedestrian lighting is the section from I-35E to Bonnie Brae St. This section needs additional pedestrian lights because the sidewalk is offset from the road in many places so the roadway lighting will not provide adequate pedestrian lighting. The remainder of the corridor, from Bonnie Brae St. to Mayhill Rd., has sidewalks adjacent to the road and will not need additional pedestrian lights. Exhibit 2 (attached) shows existing versus proposed lighting level conditions for the two sample sections of analysis (I-35 E to Bonnie Brae St. and Carroll Blvd. to North Bell Ave.). In the diagrams, blue represents no lighting to very low levels of lighting. Green represents medium levels of lighting. Red represents high levels of lighting. COST ANALYSIS Below is a breakdown of the cost to design and construct the new, proposed lighting layout along US 380 from I-35 E to Mayhill Rd. Case A represents the estimated cost to add new lighting to the commercial section from I-35E to Bonnie Brae St. and includes the cost of adding the additional pedestrian lighting along the offset sidewalks. Case B represents the estimated cost to add new lighting to the remainder of the corridor (Bonnie Brae St. to Mayhill Rd.), which has a mixture of both commercial and residential surrounding land uses. The total estimated cost to design and construct the new, proposed lighting along US 380 from I-35E to Mayhill Rd. is $5,253,700. TotalProjectCostI35toN.MayhillRd. RoadWidthLength(ft.)Cost/FootTotalCostCase 1003890$305$1,186,450A 8024,650$165$4,067,250B (I35Eto Total$5,253,700 Mayhill) OPTIONS 1.Leave the lighting on the corridor as it is currently. 2.Build all recommended lighting along US 380 from I-35E to Mayhill Rd., which has a total estimated design and construction cost of $5,253,700. 3.Build recommend lighting in segments: a.Phase I between I-35 E and Bonnie Brae St. - $1,200,000 b.Phase II between Carroll Blvd. and Bell Ave. – $510,000 STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Continuously improve the quality of City roadways EXHIBITS 1.Agenda Information Sheet 2.Existing Versus Proposed Lighting Conditions 3.Presentation Respectfully submitted: Pritam Deshmukh, P.E. City Traffic Engineer Respectfully prepared by: Kathryn Welch Management Analyst City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1941,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingmulti-familydwellingandcollegiate housing. City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding how collegiate housing should be classified. BACKGROUND The purpose of the work session is to provide an overview on multi-family dwelling and collegiate housing, specifically should collegiate housing be classified as part of a multi-family dwelling or as a separate use. for students. To address this need, developers continue to propose and construct collegiate housing developments in the City. There is currently one proposed collegiate housing development under review, located at the southeast corner of Scripture Street and Normal Street. The proposed development is comprised of units rented out by the bedroom. The number of bedrooms and the scale of the development has raised concerns with citizens who live nearby as it relates to parking, traffic, neighborhood compatibility, noise and safety. On November 8, 2016, the City Council discussed collegiate h recommendations to add a definition for collegiate housing in Subchapter 35.23 and to add collegiate housing as a land use in Subchapter 35.5 with associated limitations to the Denton Development Code (DDC). As an alternative the Council directed staff to review the multi-family development standards as it relates to parking ratios, building height limitations, and neighborhood compatibility. On February 21, 2017, the City Council received a staff presentation with a recommendation to add a Specific Use Permit (SUP) requirement for multi-family dwelling units in the Downtown Residential 2 (DR-2), Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) zoning districts. The City Council directed staff to proceed with preparing an ordinance. On March 22, 2017, the Planning and Zoning Commission held a public hearing and consider making a recommendation to City Council regarding amending Subchapter 35.5 of the DDC by adding an SUP requirement for multi-family dwelling units in the DR-2, DC-N and DC-G zoning districts. The Planning and Zoning Commission recommended denial (5-1) and on April 4, 2017, the City Council held a public hearing and voted denial of the subject Code amendment (6-1). At the April 4, 2017, the City Council after considering a zoning change request related to a multi-family development, a Council member requested information on specifically collegiate housing developments in the City of Denton and how residential neighborhoods can be protected. Follow up discussion resulted in not having enough Council support to classify collegiate housing as a separate use. At the August 1, 2017 meeting, City Council requested that a work session item be scheduled to discuss the sufficiency of on-site parking standards for multifamily development, including collegiate housing. In preparing the background and discussion items for this report, staff included single-family development parking as part of this discussion. On January 9, 2018 and February 27, 2018, the City Council held a work session regarding parking requirements for new residential developments. City Council directed staff to proceed with the Code amendment with Council recommendations. During the meeting there was discussion related to collegiate housing. The discussion resulted in not having enough Council support to classify collegiate housing as a separate use. On May 22, 2018, the City Council approved an ordinance amending the DDC; specifically updating the parking requirements in Subchapter 14 Parking Standards related to minimum and maximum parking space requirements, on-street parking credits, and providing administrative parking requirement relief. This included amendments to the parking requirements for multi-family dwellings. Part of the intent of the amendment was to address the concerns and issues as it relates to parking in and access of emergency and service vehicles through certain neighborhood streets. Below is the parking requirements for multi-family dwellings that was adopted. Multi-family dwellings or manufactured housing. One bedroom and efficiency units: 1.25 spaces per unit plus guest parking as required below. Two or more bedroom units: One (1) space for each bedroom plus guest parking as required below. For developments with more than 10 units, guest parking shall be ten percent (10%) of the required number of parking spaces. At the October 9, 2018 meeting, the City Council requested information comparing collegiate housing and multi-family developments in the City of Denton. In response staff provided an informal staff report (ISR) on October 12, 2018 that included initial staff research of six (6) cities in similar proximity to universities. Since the original survey was conducted, staff has reached out to an additional twenty-three (23) cities and received ten (11) additional responses. From the research, staff identified two consistent collegiate housing issues that other college and university towns seek to address: 1) the impact of large collegiate housing complexes on surrounding neighborhoods; and 2) an increase in the number of rent-by-the-room occupancy of single-family homes in established neighborhoods. Below is an overview of the planning tools that surveyed cities used in order to resolve issues related to collegiate housing and rent-by-the-room occupancy of single-family homes: Separate Housing Designation from Multifamily- Of the seventeen (17) total respondents to recent surveys, three (3) cities (San Marcos, College Station, and San Antonio) have a dwelling designation for student housing separate from multifamily. San Marcos established a dwelling designation called purpose-built student housing defined as or more buildings containing two or more living units that are designed, marketed, or used for the . The requirement of the designation is that applicants must have a Conditional Use Permit (CUP) approved in all zoning districts so student housing is not permitted by right anywhere in the City. This allows the City of San Marcos to review development plans and ensure developments fit the character of the neighborhoods. More information on San ent can be found in Section 5.1.4.9 of the San Marcos Development Code. The City of College Station has a North Gate High Density Dwelling category that is used only in the areas directly adjacent to the campus and allows for between four (4) and six (6) unrelated occupants per dwelling. This is done to promote high density dwelling near the campus which promotes pedestrian-oriented housing. The density is lessened through zoning moving away from campus to transition into single family residential neighborhoods. Additionally, the City of San Antonio established a dwelling designation called School Dormitory or Housing (Off-Campus) defined as specifically designed for students of a college, university or non-profit organization for the purpose of providing rooms for sleeping purposes. Common kitchens and common rooms may also be The use changes their minimum and maximum parking levels from 1.5 to 2 per unit for multifamily to 0.5 to 1 per bed for School Dormitory or Housing. Overlay Districts An overlay district is another tool used by the cities that were surveyed to provide additional requirements for collegiate housing developments in areas surrounding universities. Overlay districts apply additional restrictions on the structure (building height, offset, parking, etc.). Many of the cities that had overlay districts near their local college campus were a result of stakeholder meetings and neighborhood planning efforts that developed a set of specific requirements for a street or block. For example, the City of Austin has a Central Austin Combined Neighborhood Plan that promote-oriented housing and commercial development and design guidelines to create a more gradual transition between those areas and b areas within the combined neighborhood plan. Overlay districts were used to resolve issues with both large collegiate housing complexes as well as rent-by-the-room occupancy of single-family homes. Regulation of Unrelated Occupants Other surveyed cities also restrict the maximum number of unrelated occupants. By restricting the number of unrelated occupants, municipalities are able to effectively prevent rent-by-the-room occupancy of single-family homes. Currently, the City of lated maximum is four (4) per dwelling unit. Please note, further discussion and a separate analysis is required as it relates to rent-by-the-room occupancy of single-family homes. above, the Development Code Review Committee (DCRC), the Council Committee reviewing the Denton Development Code Update (DDC Update) has been discussing this item during their meetings. At their last meeting, staff was directed to bring this item to the full City Council for further discussion. Collegiate housing developments are classified as multi-family dwelling units in the DDC because the Code does not differentiate between the two uses. The DDC defines Multi-family as: a structure that contains three (3) or more dwellings and any ancillary uses. Multi-family is currently a permitted use in in the following Zoning Districts with an SUP and/or Limitations, see table below: RC NRMU-NRMU DR-2 DC-N DC-G CM-G CM-E RCR-1 RCR-2 RCC-RCC- 12 N D SUP L(4) L(4) L(5) L(5) L(5) L(4) L(4) L(4) L(4) L(4) L(4) 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 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(5) = Within this district the density of apartments will be calculated as one bedroom equating to 0.5 units. CONSIDERATIONS 1. If collegiate housing is classified as a separate use, the following definition is recommends by staff: a. A structure that contains three (3) or more dwellings where each dwelling unit is designed to be rented separately by the bedroom with ancillary uses, marketed, and used for the primary purpose of housing college students. 2. Collegiate Housing should be located in areas that are near TWU, UNT, and public transit, and in areas along major corridors. 3. Existing multi-family dwelling developments where bedrooms are rented by the bedroom are located in three primary Zoning Districts (DR-2, DC-N, and DC-G). 4. To address concerns raised related to collegiate housing, staff recommends that an SUP should be required in the DR-2, DC-N, and DC-G Zoning Districts. 5. Classifying collegiate housing as a separate use will affect: a. Property owners that purchased property with the intent to develop Collegiate Housing; b. Properties that are in the process or recently received approval for Collegiate Housing; and c. Existing neighborhoods, in terms of converting existing single-family detached dwelling units and duplexes to be rented separately by the bedroom. 6. In situations where developments that are approved as Multi-family Dwellings, but later converted to Collegiate Housing - the enforcement of the approved use will be difficult for staff. Unless the City has a program where Multi-family Dwellings are inspected annually, staff will not know if and when a development is converted to Collegiate Housing. 7. When Multi-family Dwelling developments want to convert to Collegiate Housing, they will be required to change their zoning and/or obtain an SUP approval. If the proposed Collegiate Housing is required to comply with more restricted conditions as part of the SUP approval, building(s) and/or the site will need to be retrofitted. 8. The City has existing development requirements that address the concerns raised by citizens who live nearby Multi-family Dwelling developments. The City recently amended the parking requirements in March of this year. The City also conducts site plan reviews for all projects and Traffic Impact Analysis reviews for projects that warrants a traffic analysis. 9. Special Purpose Overlay Districts and Specific Use Permits (when required by zoning) offer additional review and requirements to address neighborhood compatibility. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 8, 2016, City Council work session to discuss single room occupancy developments. February 21, 2017, City Council work session to discuss multi-family development standards. March 22, 2017, Planning and Zoning Commission held a public hearing and consider making a recommendation to City Council regarding amending Subchapter 35.5 of the Denton Development Code (DDC). April 4, 2017, City Council held a public hearing and consider adoption of an ordinance regarding the subject Code amendment. August 1, 2017, City Council requested that a work session item be scheduled to discuss the sufficiency of on-site parking standards for multifamily development, including private student housing commonly referred to as Single-Room Occupancy (SRO) Developments. January 9, 2018, City Council work session to discuss parking requirements for new residential developments. February 27, 2018, City Council work session to discuss parking requirements for new residential developments. May 22, 2018, City Council adopted an ordinance that amendment the DDC regarding parking requirements. 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 agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.2 Seek clean and healthy neighborhoods in Denton EXHIBITS 1. Agenda Information Sheet 2. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2040,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide direction concerning the City’s Homestead Exemption. City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Receive a report, hold a BACKGROUND The purpose of this work session is to provide the City Council with information regarding the homestead exemption currently offered to City of Denton residents and outline options moving forward. This discussion is a follow-up to budget discussions in 2018. The Council requested staff provide additional information to assist in evaluating a potential change to the homestead exemption. As such, staff has The homestead exemption allows homeowners living on their property a reduction in appraised value used to calculate City of Denton property taxes. The maximum exemption a city can grant is 20% and each property receives a minimum $5,000 exemption in all cities adopting a homestead exemption at any rate. es receive the exemption, representing 65% of all single family homes in Denton. 17 of the 42 cities encompassed by Denton Central Appraisal District (DCAD) offer a homestead exemption. The survey of comparable cities below reflect their homestead exemption status and utilization of other exemptions compared to Denton. hǝĻƩ ЏЎΉ5źƭğĬƌĻķ /źƷǤI{CƩĻĻǩĻ tĻƩƭƚƓƭ 9ǣĻƒƦƷźƚƓƭ /ğƩƩƚƌƌƷƚƓ ЋЉі υЏЉͲЉЉЉΉυЏЉͲЉЉЉb ŷĻ /ƚƌƚƓǤbυЊЉͲЉЉЉΉυЊЉͲЉЉЉb 5ĻƓƷƚƓ Љ͵Ўі υЎЉͲЉЉЉΉυЎЉͲЉЉЉ CƌƚǞĻƩ aƚǒƓķ Ώ Ћ͵ЎіυЊЉЉͲЉЉЉΉυЊЉЉͲЉЉЉb IźŭŷƌğƓķ źƌƌğŭĻbυАЎͲЉЉЉΉυАЎͲЉЉЉb \[ĻǞźƭǝźƌƌĻbυЏЉͲЉЉЉΉυЋЉͲЉЉЉ wƚğƓƚƉĻ ЋЉі υЍЉͲЉЉЉΉυЍͲЎЉЉ /ƚƦƦĻƌƌ ЎіυАЎͲЉЉЉΉυАЎͲЉЉЉb ƩƚƦŷǤ /ƌǒĬb υЌЎͲЉЉЉΉυЉ tƌğƓƚ ЋЉіυЍЉͲЉЉЉΉυЍЉͲЉЉЉ CƩźƭĭƚ ЊЉіυБЉͲЉЉЉΉυБЉͲЉЉЉb The 19,276 homes receiving an exemption in 2018 will result in a total exempted value of $93,399,453. The majority of those receiving exemptions received the minimum $5,000 due to the 0.5% rate not exceeding $5,000. Any change to the homestead exemption rate in the future would have an impact both to homes receiving the exemption and to the City in lost revenue from exempted values. To maintain the same level of property tax revenue, an increase in offered exemptions would require a shift in the tax burden to all taxpayers. There is an outstanding question related to the ability of cities to offer exemptions based on a minimum dollar amount. Other Texas cities have adopted homestead exemptions by varying dollar amounts in place of percentage; leading staff to believe this was a viable option. An Opinion from the Texas Attorney General in September 2018 states cities cannot offer exemptions by dollar amount, thus must adopt the exemption by percentage. Denton County Appraisal District (DCAD) is reviewing this Opinion to provide guidance on options available for exemption by dollar amount. 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. Presentation Respectfully submitted: David Gaines, 349-8260 Assistant Director of Finance % of Value City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2052,Version:1 AGENDA CAPTION Police Appreciation Day City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1872,Version:1 AGENDA CAPTION Vicki Oppenheim regarding the Denton Community Market. City of DentonPage 1 of 1Printed on 11/21/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1935,Version:1 AGENDA CAPTION Pat Smith regarding Dallas Dinner Table as an initiative of the Denton Together Coalition. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2084,Version:1 AGENDA CAPTION Ed Soph regarding gas wells and the future. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1825,Version:1 AGENDA CAPTION Consider approval of a resolution of the City of Denton creating an anti-bullying and anti-harassment policy for all City facilities and programs; and providing an effective date. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs CM/ DCM/ ACM: Bryan Langley DATE: December 4, 2018 SUBJECT Consider approval of a resolution of the City of Denton creating an anti-bullying and anti-harassment policy for City facilities and programs; and providing an effective date. BACKGROUND During the August 14, 2018 City Council Work Session, staff presented information about the City’s anticipated Human Rights Campaign (HRC) Municipal Equality Index (MEI) score, and considered options to increase the MEI score. During that discussion, direction was given to staff to develop an anti- bullying policy which would increase the MEI score by earning two bonus points. The City of Denton is one of 506 cities nation-wide that are rated by the HRC, a civil rights organization founded in 1980 representing the LGBTQ community, with over three million members and supports nation-wide. The MEI scorecard examines and rates how inclusive municipal laws, policies, and services are to the LGBTQ people who live and work in the community. Cities are rated based on 5 sections: (1) non-discrimination laws, (2) the municipality as an employer, (3) municipal services, (4) law enforcement, and (5) the city leadership’s public position on equality. In 2018, the City of Denton earned 52 out of 100 possible points in the index (Exhibit 4). Cities that expressly prohibits bullying based on sexual orientation and gender identity in all youth-facing city programs, activities, services, and facilities have the opportunity to earn up to two bonus points on the index. DISCUSSION Following the August 14 Work Session, staff began to develop a comprehensive Anti-Bullying and Anti- Harassment Policy (Exhibit 3) working closely with Parks & Recreations, Libraries, and Legal and reviewing similar policies of other municipalities. This policy would be applicable to all individuals participating in City programs, and covers conduct that takes place in City facilities and on City property. Additionally, the policy pertains to usage of electronic technology and electronic communication that is used for bullying or harassment (i.e. cyber-bullying). This policy prohibits bullying against any individual on the basis of race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, genetics, or any protected classification under Federal or state law. The policy also defines what constitutes bullying and harassment, and sets a clear standard for behavior in City programs and facilities. The draft policy was reviewed and approved by the internal Policy Review Committee made up of staff representatives from all departments. This policy has also been reviewed by staff at the Human Rights Commission to ensure that it will receive the two MEI bonus points even though it provides broader anti- bullying protections to all programs and facilities without being expressly for youth-serving programs. If approved by Council, staff is prepared to: Create signage for City facilities labeling them as “Bully Free Zones” and give contact instructions if someone experiences bullying. Add policy references to program registration forms. Provide training for staff on the new policy and establish departmental reporting procedures. The policy is broad enough to give staff the flexibility that is needed to implement additional educational methods and procedures as needed to ensure that individuals are not being bullied and are treated fairly within City programming and in City facilities. STRATEGIC PLAN RELATIONSHIP The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision. The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Safe, Liveable & Family-Friendly Community Related Goal: 4.3 Provide quality, diverse, and accessible neighborhood services for the community EXHIBITS 1.Agenda Information Sheet 2.Resolution 3.Anti-Bullying and Anti-Harassment Policy 4.City of Denton 2018 Municipal Equality Index Scorecard Respectfully submitted: Sarah Kuechler Director of Public Affairs Prepared by: Stuart Birdseye Management Analyst Reviewed by Legal: Stephanie Neal Assistant City Attorney CITY OF DENTON PAGE 1 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: GENERAL POLICIES/PROCEDURES/DIRECTIVES 510.01 INITIAL EFFECTIVE DATE: SUBJECT: BULLYING PREVENTION IN CITY FACILITIES AND 12/4/18 PROGRAMMING LAST REVISION DATE: TITLE: ANTI-BULLYING AND ANTI-HARASSMENT POLICY POLICY STATEMENT The City of Denton acknowledges that all individuals have the right to participate fully in City programming, activities, and use of City facilities free from bullying and harassment. Bullying and harassment, like other harmful or violent behaviors, are forms of conduct that disrupt both a person’s ability to engage in development opportunities and the City’s ability to deliver services in a safe environment. The City of Denton prohibits bullying as defined in this policy against any individual on the basis of race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, genetics, or any protected classification under Federal or state law. This policy is applicable to all individuals participating in City programs and activities and covers conduct that takes place in City facilities and on City property. This policy also pertains to usage of electronic technology and electronic communication that is used for bullying or harassment (i.e. cyber- bullying). DEFINITIONS “Bullying,” as described by the American Psychological Association, is a type of aggressive behavior where someone causes injury or discomfort intentionally and repeatedly to another person. We further define bullying as written, verbal, or physical conduct that adversely affects the ability of one or more person(s) to participate in or benefit from the City’s programs or activities by placing the individual in reasonable fear of physical or emotional harm. This includes conduct that is based on an individual’s actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, religion, or any other distinguishing characteristics that may be defined by the City of Denton. This also includes association with a person or group with one or more of the above-mentioned characteristics, whether actual or perceived. Any use of electronic communication technology to bully or harass as defined in this policy is also prohibited under this policy. “Harassment” means unwelcome conduct that is based on race, color, religion, gender, sexual orientation, gender identity, age, disability status, national origin, genetics, or any protected classification under Federal or state law and the conduct is severe or pervasive enough to create an environment that a reasonable person would consider intimidating, hostile, or abusive. HR/POLICY/(#) APPROVED BY: (CITY MANAGER/NAME OR RESOLUTION/INCLUDE #) PAGE 2 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: ANTI-BULLYING AND ANTI-HARASSMENT POLICY 510.01 ADMINISTRATIVE DIRECTIVES 1.0 REPORTING PROCEDURES A.All allegations of bullying, harassment, or cyber-bullying can be reported to the designated City staff in writing or by email. Any individual may file such a report. B.Upon receipt of a complaint, City staff shall take such action(s) as they deem reasonable and appropriate based off of this policy and the specific department’s procedures. Reasonable and appropriate actions may include but are not limited to: a.Contacting individuals involved to determine whether an investigation should be pursued; b.Investigating the alleged incident of bullying, harassment, or cyber-bullying; c.Taking immediate steps, at the Department head’s discretion, to protect any involved individual pending completion of an investigation; and d.Taking action such as banning individuals from City programs or facilities if said individual is found to be in violation of this policy immediately following the conclusion of the investigation. C.Concerns of bullying, harassment, and cyber-bullying may be filed anonymously. However, exclusion from program participation generally cannot be taken based on an anonymous report alone. Anonymous reports will be investigated with the same procedure, timeliness, and vigor as other reports. D.City staff may also use this procedure to investigate complaints of retaliation or threats of retaliation which intimidate the victim of bullying or harassment. E.Any act or event involving potential criminal activity may be reported to the Denton Police Department or other law enforcement agencies as applicable. 2.0GENERAL PROVISIONS A.To the extent reasonably possible and when applicable, City departments shall notify participants of this policy and potential adverse actions which may include, but are not limited to: warnings; loss of opportunity to participate in City activities; being banned from specific programs or facilities; and loss of other privileges. B.Any City department taking adverse actions against an individual found in violation of this policy should evaluate whether it may be appropriate to notify any other City departments depending on the factual circumstances. PAGE 3 OF 3 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) REFERENCE NUMBER: ANTI-BULLYING AND ANTI-HARASSMENT POLICY 510.01 C.City Department heads may take reasonable steps to implement ongoing professional development of staff members to prevent, identify, and respond to bullying, harassment, and cyber-bullying. D.City Departments heads may take reasonable steps to present the City and Department’s policy on bullying, harassment, and cyber-bullying to individuals participating in City programming or using City facilities. This may include instruction on how to prevent bullying, harassment, and cyber-bullying; the process for filing complaints; and the process/consequences that will result from the complaint. This policy may be included in registration forms, posted in City facilities, and on City department websites. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1877,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theapprovalofaFirstAmendmenttothecontractbetweentheCityofDentonandGlobusManagementGroup, LLC,toreducetheroofingservicesprovidedbyGlobusManagementGroup,LLCtotheCityinorderto removetheremainingroofworktobedoneatCityHallandtheassociatedreductionofrequiredservices;and providinganeffectivedate(RFP6683-FirstAmendmentreducesthecontractby$342,280.01foratotal contract award aggregating to $1,012,492.12). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a First Amendment to the contract between the City of Denton and Globus Management Group, LLC, to reduce the roofing services provided by Globus Management Group, LLC to the City in order to remove the remaining roof work to be done at City Hall and the associated reduction of required services; and providing an effective date (RFP 6683- First Amendment reduces the contract by $342,280.01 for a total contract award aggregating to $1,012,492.12). INFORMATION /BACKGROUND On May 1, 2018, City Council approved a contract for complete roof replacements at three locations - Fire Central (FS#1), South Branch Library (SBL), and City Hall (CH). These services were solicited through Request for Proposal (RFP) in which the City received 6 proposals. Globus Management Group, LLC was awarded the contract based on compliance with the specifications, price, probable performance and project schedule. Globus had proposed completing all three replacements within seventy-five (75) days from the notice to proceed. Globus began working on SBL on May 14 and FS#1 on May 21. The roofing materials for the CH project arrived on site by mid-June and Globus began preparatory work on the roof on June 18. As of late November, SBL and FS#1 have been completed and accepted by Facilities Management. Given the length of time to complete SBL and FS#1, it irecommendation that Globus not begin the work on the CH facility. If City Council approves the contract amendment with Globus, the monies from this contract would be applied to another contractor to complete the work for CH. Staff is in the process of procuring pricing and PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On May 1, 2018, Council approved a contract with Globus Management Group, LLC, in the amount of $1,354,772.13 (Ordinance 18-858). RECOMMENDATION Staff recommends the approval of the First Amendment, decreasing Globus Management Group, LLC contract by $342,280.01. PRINCIPAL PLACE OF BUSINESS Globus Management Group, LLC Garland, TX 75042 FISCAL INFORMATION The project resides in the Facilities Management CIP account 100252409. The original contract amount was $1,354,772.13. With the approval of this amendment, the new contract total will be $1,012,492.12. Purchase Order 185774 will be revised upon approval. STRATEGIC PLAN RELATIONSHIP 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: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Amendment Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: David Saltsman at 940-349-7247. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1880,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractthroughtheDepartmentofInformationResources(DIR) CooperativePurchasingNetworkContractNumberDIR-TSO-3763withDellMarketing,L.P.,forthesupplyof desktopPersonalComputers(PCs),notebookPCs,peripherals,andservices;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(File6931-awardedtoDellMarketing,L.P.,intheone(1)year not-to-exceed amount of $2,433,779.70). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 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 contract through the Department of Information Resources (DIR) Cooperative Purchasing Network Contract Number DIR-TSO-3763 with Dell Marketing, L.P., for the supply of desktop Personal Computers (PCs), notebook PCs, peripherals, and services; providing for the expenditure of funds therefor; and providing an effective date (File 6931 - awarded to Dell Marketing, L.P., in the one (1) year not-to-exceed amount of $2,433,779.70). INFORMATION /BACKGROUND The City of Denton embraces an industry standard best practice of replacing desktop computers after five (5) years to ensure computer equipment operates effectively with the latest software applications. Doing so helps mitigate the risk of equipment failures and incompatible application issues, assuring that staff remains productive. The total projected purchase cost of $2,433,779.70 includes taxes, environmental fees and a 10% contingency amount to accommodate a limited number of staff switching from desktops to laptops for portable, remote access as needs are evaluated. If computers are not replaced every five (5) years, staff would expect to see interruptions to staff productivity, increased repair costs, and potential inability to run the latest versions of software applications. Also, continuing to utilize PCs deemed old or obsolete could result in diminished security and increased risk of virus infection, data loss and potential exposure of confidential information. Technology Services obtained pricing from three different vendors Dell Marketing, L.P. (Dell), CDW-G and GTS on the Texas Departments of Information Resources (DIR) Go DIRect Program. Pricing obtained through the Department of Information Resources (DIR) Cooperative Purchasing Network has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. Reseller Total Procurement Cost $2,433,779.70 Dell $2,697,376.09 CDW-G $2,791,310.43 GTS RECOMMENDATION Award a contract with Dell Marketing, L.P., in the one (1) year not-to-exceed amount of $2,433,779.70. PRINCIPAL PLACE OF BUSINESS Dell Marketing, L.P. Round Rock, TX ESTIMATED SCHEDULE OF PROJECT The 472 OptiPlex-7060 desktops PC-7490 laptops, 103 Mobile Precision-5530 workstation PC-3430 LED monitors with software and peripherals will be delivered by December 2018 and installed by November 2019. FISCAL INFORMATION These items will be funded from Technology Services job cost account 840084744.1355.30100. Requisition 140513 has been entered into the Purchasing software system. The budgeted amount for this item is $2,433,779.70. 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: 1.5 Utilize technology to enhance efficiency and productivity EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Sheet Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 349-7148 Purchasing Manager For information concerning this acquisition, contact: Melissa Kraft, 349-7823 Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1961,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteanagreementbetweentheCityof DentonandtheDentonChamberofCommerce(Convention&VisitorsBureau)forthepaymentanduseof hoteltaxrevenue;andprovidinganeffectivedate.($1,370,781-TheHotelOccupancyTaxandSponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention & Visitors Bureau) for the payment and use of hotel tax revenue; and providing an effective date. ($1,370,781 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $1,370,781 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1962,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceauthorizingtheCityManagertoexecuteanagreementbetweentheCityof DentonandtheDentonCommunityMarket,Inc.forthepaymentanduseofhoteltaxrevenue;andproviding aneffectivedate.($25,000-TheHotelOccupancyTaxandSponsorshipCommitteerecommendsapproval3- 0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Market, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($25,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $25,000 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1963,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Office of History and Culture; and providing an effective date. ($157,590 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Denton County Office of History and Culture; and providing an effective date. ($157,590 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $157,590 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1964,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton African American Scholarship Foundation, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($16,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1965,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($25,500 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3- 0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($25,500 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $25,500 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1966,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($19,001 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Denton Dog Days, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($19,001 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $19,001 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1967,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($105,060 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3- 0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($105,060 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $105,060 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1968,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,500 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($23,500 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $23,500 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1969,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Explorium Denton, for the payment and use of hotel tax revenue; and providing an effective date ($7,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Explorium Denton, for the payment and use of hotel tax revenue; and providing an effective date. ($7,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $7,000 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1970,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($147,084 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3- 0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($147,084 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $147,084 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1971,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Historic Denton for the payment and use of hotel tax revenue; and providing an effective date. ($1,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Historic Denton for the payment and use of hotel tax revenue; and providing an effective date. ($1,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $1,000 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1973,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Central Business District Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($35,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Central Business District Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($35,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $35,000 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1974,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,355 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Music Theatre of Denton for the payment and use of hotel tax revenue; and providing an effective date. ($5,355 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $5,355 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1975,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($168,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3- 0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue; and providing an effective date. ($168,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $168,000 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1976,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($54,829 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($54,829 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $54,829 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1977,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Texas Filmmakers’ Corporation for the payment and use of hotel tax revenue; and providing an effective date. ($16,567 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and for the payment and use of hotel tax revenue; and providing an effective date. ($16,567 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3- 0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $16,567 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1978,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($26,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce, Inc. for the payment and use of hotel tax revenue; and providing an effective date. ($26,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This organization is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a thirteen month term beginning January 1, 2019 through midnight January 31, 2020. Allocations are dependent upon requests for funding, as well as availability of revenues. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all budget applications and recommended allocations to the City Council as part of the FY 2018-2019 budget development process. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this organization is $26,000 for FY 2018-2019 and has been included in the Annual Program of Services. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-1992,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractwithProtechServiceCompany,LLC,fortheprovisionof maintenanceservicesattheCityofDenton’sautomatedtruckandcarwashfacility;providingforthe expenditureoffundstherefor;andprovidinganeffectivedate(IFB6877-awardedtoProtechService Company,LLC,forone(1)year,withtheoptionfortwo(2)additionalone(1)yearextensions,inthetotal three (3) year not-to-exceed amount of $234,000). The Public Utilities Board recommends approval (5-0). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 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 contract with Protech Service Company, LLC, for the provision of maintenance services ; providing for the expenditure of funds therefor; and providing an effective date (IFB 6877 awarded to Protech Service Company, LLC, for one (1) year, with the option for two (2) additional one (1) year extensions, in the total three (3) year not-to-exceed amount of $234,000). The Public Utilities Board recommends approval (5-0). IFB INFORMATION /BACKGROUND The City of Denton contracted with Protech Service Company, LLC, in September 2012 to provide , Protech Service Company has provided preventive and unplanned maintenance to the equipment and software within the facility. They have a good record of maintaining the wash facility and keeping facility uptime at a high level. Invitation for Bids was sent to 140 prospective suppliers of this service. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. One (1) bid was received, from Protech Service Company. City staff has evaluated the bid and recommends the bid be awarded to Protech Service Company. Their staff installed the wash facility equipment when the facility building was constructed, and they are fully knowledgeable of the operational and ongoing maintenance requirements . The bid includes materials, service operations and maintenance; which, the City routinely purchase from Protech Service Company. Expenditures for wash facility maintenance and chemicals are projected at approximately $78,000 annually, based on the average expenditure over the past three (3) years. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On November 12, 2018, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with Protech Service Company, LLC, for the vehicle wash facility maintenance, in a three (3) year not-to-exceed amount of $234,000. PRINCIPAL PLACE OF BUSINESS Protech Service Company, LLC Lewisville, 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 Solid Waste operating account 660800.6512 (Building and Equipment). Wash facility maintenance and chemicals are budgeted for FY 2019 at $48,000 and will be met by reductions in expenditure levels within other solid waste budgeted areas. 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: 1.1 Manage financial resources in a responsible manner EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Ethan Cox at 940-349-7421. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2016,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton African American Scholarship Foundation, Inc., for the purpose of the 2019 Denton Black Film Festival sponsorship; providing for the expenditure of funds; and providing for an effective date. ($5,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2017,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Black Chamber of Commerce, Inc. for the purpose of the 2019 Denton Blues Festival sponsorship; providing for the expenditure of funds; and providing for an effective date. ($3,500 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider an adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Denton Black Chamber of Commerce, Inc. for the purpose of the 2019 Denton Blues Festival sponsorship; providing for the expenditure of funds; and providing for an effective date. ($3,500 Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This agreement allows for the total expenditure of $3,5p fund. Key provisions of the Agreement include: Funds shall be used by Denton Black Chamber of Commerce, Inc. of Denton for the 2019 Denton Blues Festival in accordance with the budget attached as Exhibit A. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all sponsorship budget applications and recommended allocations to the City Council in an Informal Staff report dated September 28, 2018. FISCAL INFORMATION Funding for this agreem-19. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-2018,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton, TexasandDentonCommunityMarket,Inc.forthepurposeof2019HarvestDaysponsorship;providingforthe expenditureoffunds;andprovidingforaneffectivedate.($4,000-HotelOccupancyTaxandSponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2019,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton County Livestock Association, for the purpose of the Youth Fair Public Speaking Contest sponsorship; providing for the expenditure of funds; and providing for an effective date. ($400 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2020,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Denton Festival Foundation, Inc. for the purpose of 2019 Denton Arts and Jazz Festival sponsorship; providing for the expenditure of funds; and providing for an effective date. ($5,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2021,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Greater Denton Arts Council, Inc. for the purpose of Community Art Grants Program sponsorship; providing for the expenditure of funds; and providing for an effective date. ($3,000 - Hotel Occupancy Tax Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2022,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and North Texas State Fair Association, Inc. for the purpose of 2019 North Texas State Fair and Rodeo sponsorship; providing for the expenditure of funds; and providing for an effective date. ($5,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider an adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and North Texas State Fair Association, Inc. for the purpose of 2019 North Texas State Fair and Rodeo sponsorship; providing for the expenditure of funds; and providing for an effective date. ($5,000 Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This agreement allows for the total expenditure of $5,000 sponsorship fund. Key provisions of the Agreement include: Funds shall be used by North Texas State Fair Association, Inc. for 2019 North Texas State Fair and Rodeo in accordance with the budget attached as Exhibit A. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all sponsorship budget applications and recommended allocations to the City Council in an Informal Staff report dated September 28, 2018. FISCAL INFORMATION Funding for thi-19. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-2023,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Texas Filmmakers’ Corporation for the purpose of Thin Line Fest 2019 sponsorship; providing for expenditure of funds; and providing for an effective date. ($10,000 - Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider an adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas, and Texas Filmmakers Corporation for the purpose of Thin Line Fest 2019 sponsorship; providing for the expenditure of funds; and providing for an effective date. ($10,000 Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) BACKGROUND This agreement allows for the total expenditure of $10,000 p fund. Key provisions of the Agreement include: Funds shall be used by for Thin Line Fest 2019 in accordance with the budget attached as Exhibit A. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Hotel Occupancy Tax and Sponsorship Committee reviewed all sponsorship budget applications and recommended allocations to the City Council in an Informal Staff report dated September 28, 2018. FISCAL INFORMATION Funding for this agreement will come -19. 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. Ordinance Respectfully submitted: Antonio Puente, Jr. Chief Financial Officer 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 18-2029,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionrevisingAdministrativePolicyNo.403.07“DebtServiceManagement”;and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND RECOMMENDATION PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS CITY OF DENTON Page 1 of 27 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION: FINANCE 403.07 INITIAL EFECTIVE DATE: SUBJECT: DEBT MANAGEMENT 03/05/96 LAST REVISION DATE: TITLE: DEBT SERVICE MANAGEMENT 11/7/1712/4/18 POLICY STATEMENT This policy shall provide general guidelines by which the City of Denton (the City) will issue debt. In as much as this policy may be in conflict or inconsistent with state law, state law will prevail. Furthermore, state law will prevail on matters not specifically addressed in this policy. It is the objective of this policy that (1) the City obtain financing only when necessary, (2) the process for identifying the timing and amount of debt or other financing proceed as efficiently as possible, and (3) the City seek the most favorable interest rate and competitive costs in accordance with this policy while maintaining financial flexibility. This debt management policy applies to the financing activities of the City of Denton, Texas. It also addresses the issues of process, use and limitations. Proceeds from debt issuances will be delivered as closely as possible to the time that contracts are expected to be awarded so that the proceeds are spent efficiently. In addition, the City Council may, through adoption of a reimbursement ordinance, authorize the expenditure of funds prior to the bond sale for certain capital expenses. The reimbursement ordinance is required by debt obligations. The City Council shall review and approve the debt management policy at least annually and be documented by ordinance or resolution, which shall include any changes made. ADMINISTRATIVE PROCEDURES I. DEBT MANAGEMENT COMMITTEE A. Members The Debt Management Committee (the Committee) will consist of the City Manager, Deputy City Manager, Director of FinanceChief Financial Officer, Assistant Director of Finance, Controller and Treasury AdministratorManager. The Citys financial advisor and bond counsel shall act as consultants to the Committee. When needed, the City Attorney will act as a legal advisor to the Debt Management -voting member of the Debt Management Committee. A quorum may be achieved by a member designating a substitute participant to serve in their absence. That substitute participant will not be granted voting rights. B. Scope Page 2 of 27 The Committee shall meet at least annually to review the debt program or as necessary. Topics for discussion should include: the Capital Improvement Program (CIP), acquisition of fixed assets, status of outstanding debt, unspent bond proceeds, unissued voter authorized debt, timing of additional financing needs and financing options, and the effect of proposed financing activity on the related rates supporting the debt (i.e., property tax rate, utility rates, user fees, etc.). II. RESPONSIBILITY AND STANDARD OF CARE The Finance Department will coordinate all activities required for the issuance of all debt. A. Delegation The Chief Financial OfficerDirector of Finance shall have primary responsibility for developing financing recommendations. The Chief Financial OfficerDirector of Finance shall: Meet at least annually during budget development with Department Directors to consider the need for financing, review debt capacity and assess progress on the Capital Improvement Program; Periodically review changes in state and federal legislation; Periodically review the provisions of ordinances authorizing issuance of debt obligations; Periodically review the Citys Charter to ensure compliance with state law; and Periodically review services provided by the financial advisor, bond counsel, paying agent, and other service providers to evaluate the extent and effectiveness of the services being provided. B. Conflicts of Interest All participants in the debt management process shall act responsibly as custodians of public assets. Officers and employees involved in the debt management process shall refrain from personal business activity that could conflict with proper execution of the financing program, or which could impair their ability to make impartial financing decisions. C. Reporting The Chief Financial OfficerDirector of Finance shall include in the Comprehensive Annual Financial Report (CAFR) a report summarizing all debt outstanding by type (tax-supported and self-supported general obligation debt, and revenue debt), remaining balance of bond proceeds, update of arbitrage liability, and update of pertinent legislative changes. Additionally, the Chief Financial OfficerDirector of Finance shall a -term debt as of the Page 3 of 27 end of the last fiscal year, in accordance with House Bill 1378 passed during the 2015 legislative session. D. Investor Relations The City shall endeavor to maintain a positive relationship with the investment community. The Chief Financial OfficerDirector of Finance and the Citys financial advisor shall, as necessary, prepare reports and other forms of communications regarding the Citys indebtedness, as well as its future financing plans. This includes information presented to the press and other media. The information includes, but is not limited to, the annual program of services, CAFR, financial plans, capital improvement plans, and comprehensive development plans. All forms of media deemed appropriate and immediately available to the City will be utilized to disseminate information to all investors. Examples include the Texas Bond Reporter and the Texas Municipal Reports published by the Municipal Advisory Council of Texas (the MAC), The Bond Buyer, and the Electronic Municipal Market Access system (EMMA) maintained by the Municipal Securities Rulemaking Board (the MSRB). Bond counsel will advise on the use of electronic media in connection with the Citys debt program. E. Financial Advisor The City shall retain an independent financial advisor for advice on the structuring of new debt, financial analysis of various options, including refunding opportunities, the rating review process, the marketing and marketability of City debt obligations, issuance and post-issuance services, the preparation of offering documents (each, an Official Statement) and other services, as necessary. The City will seek the advice of the financial advisor on an ongoing basis. The financial advisor will perform other services as defined by the agreement approved by the City Council. The financial advisor will not bid on nor underwrite any City debt issues in accordance with MSRB rules. F. Bond Counsel The City shall retain bond counsel for legal and procedural advice on all debt issues. Bond counsel shall advise the City in all matters pertaining to its bond ordinance(s) and/or resolution(s). No action shall be taken with respect to any obligation until a written instrument (e.g., Certificate for Ordinance or other legal instrument) has been prepared by the bond attorneys certifying the legality of the proposal. The bond attorneys shall prepare all ordinances and other legal instruments required for the execution and sale of any bonds issued which shall then be reviewed by the City Attorney and the Chief Financial OfficerDirector of Finance. The City will also seek the advice of bond counsel on all other types of debt and on any other questions involving federal tax or arbitrage law. Special counsel may be retained to protect the Citys interest in complex negotiations. Page 4 of 27 G. Communications with Underwriters The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 mandated the Securities and Exchange Commission to establish the Municipal h were finalized in September of 2013 and became effective July 1, 2014. Under the MA Rules, any person that provides certain advice to the City with respect to the issuance of bonds or municipal financial projects (including investment strategies involving the investment of bond a fiduciary duty to the City and would be precluded from acting as an underwriter for bonds issued by the City. The City receives deal ideas, analysis, suggestions and related services for bond issues from underwriter banks that may be considered ceive this type of advice from underwriters/banks, the Chief Financial OfficerDirector of Finance may provide whatever communications to an underwriter/bank the Chief Financial Officer Director of Finance determines to be necessary to establish an exemption under the MA Rules so that those underwriters/banks are not considered . On June 29, 2015, the Director of Finance filed an Independent Registered Municipal Advisor (IRMA) Certificate with the Municipal Advisory Council of Texas (MAC) to be made available to underwriters/banks desiring to communicate with the City. The IRMA . III. OFFICIAL STATEMENT The preparation of the Official Statement is the responsibility of the financial advisor in concert with the Chief Financial OfficerDirector of Finance. Information for the Official Statement is gathered from departments/divisions throughout the City. IV. DISCLOSURE A. The City will take all appropriate steps to comply with federal securities laws, 15c2-12 (the the MSRB via EMMA as required by the Rule and its continuing disclosure undertakings. B. With each bond offering, in the preparation of a CAFR, Official Statement or any other offering document, continuing disclosure undertakings pursuant to the Rule, the City will follow a policy of full and complete disclosure of operating, financial and legal conditions of the City, in conformance with the Government Finance Officers Association best Disclosure Responsibilities (September 2015, and as advised by the Citys bond counsel or financial advisor. C. Notice of Disclosure Events Page 5 of 27 The Rule list certain events that must be reported in a timely fashion to the MSRB via EMMA and, if required by the Rule , to the MAC in its capacity as the State Information Depository (SID) for the sState of Texas. On May 26, 2010, the SEC made amendments to the Rule, which only apply to primary offerings that occur on or after December 1, 2010. On August 15, 2018, the SEC made amendments to the Rule, which only apply to primary offerings that occur on or after February 27, 2019. While not required, the City will make every effort to apply the new requirements to previously issued bonds since the amendments make the Rule more stringent. The amended Rule requires that events be reported to the MSRB within 10 business days after the occurrence of the event. 1. The events that must be reported, if material, are: a. Nonpayment related defaults; b. Modifications of rights of security holders; c. Bond calls; d. Release, substitution, or sale of property securing repayment of the securities; e. Mergers, consolidations, acquisitions, the sale of all or substantially all of the assets of the City or other obligated entity or their termination; and f. Appointment of a successor or additional trustee or paying agent or the change of the name of a trustee or paying agent. g. The incurrence of a material financial obligation, or material agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation that affects security holders. f.h. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation, any of which reflect financial difficulties. 2. The events that must be reported, regardless of materiality, are: a. Principal and interest payment delinquencies; b. Unscheduled draws on debt service reserves reflecting financial difficulties; c. Unscheduled draws on credit enhancements reflecting financial difficulties; d. Substitution of credit or liquidity providers, or their failure to perform; e. Adverse tax opinions, the issuance by the IRS of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security; f. Tender offers; g. Defeasances; h. Rating changes; and Page 6 of 27 i. Bankruptcy, insolvency, receivership or similar proceeding. The Rule also requires the City to report to the MSRB the failure of the City to provide the required annual financial information or operating data on or before the dates specified under a continuing disclosure undertaking V. RATING AGENCY COMMUNICATIONS & CREDIT OBJECTIVES The City will seek to maintain and improve its current bond ratings so its borrowing costs are reduced to a minimum and its access to credit is preserved. In conjunction with the financial advisor, the City shall maintain a line of communication with at least two of the rating agencies (Moodys, Standard & Poors, or Fitch), informing them of major financial events in the City as they occur. The CAFR, Annual Program of Services, and Capital Improvement Program shall be distributed to the rating agencies after they have been accepted and adopted by the City Council on an annual basis. When necessary, a conference call or personal meeting with representatives of the rating agencies will be scheduled when a major capital improvement program is initiated, or to discuss economic and/or financial developments which might impact credit ratings. The following documents may be required by the rating agencies: Most recent annual audit reports, including a description of accounting practices. Accounting changes in the past three years and the impact on financial results should be explained; Current budget; Current Capital Improvement Program; Official Statements for new financings; Description of projects being financed; Sources and uses statement for bond issuance. If additional funds are required to complete specific projects being financed, the source of the funds and any conditional requirements may be discussed; Engineering and feasibility report (if applicable); Zoning or land-use map (if applicable); Cash flow statement, in the case of interim borrowing. Statement of long and short-term debt with annual and monthly maturity dates as appropriate. Also, a report of any lease obligations, their nature and term; Indication of appropriate authority for debt issuance; Investment policy (if applicable); and Statement concerning remaining borrowing capacity plus tax rate and levy capacity or other revenue capacity. will be made to the bond rating agencies. The City staff, with the assistance of the financial advisors and bond counsel, will prepare the necessary materials for and presentation to the rating agencies. VI. LIMITATIONS OF INDEBTEDNESS AND AFFORDABILITY STATEMENT Page 7 of 27 City staff, in conjunction with the financial advisor and bond counsel, will present to the City Council, and any City committee, as appropriate, a comprehensive analysis of debt capacity prior to issuing bonds. This analysis should include relevant information such as: Legal debt limitations, tax or expenditure ceilings; Coverage requirements or additional bonds tests in accordance with bond covenants; Measures of the tax and revenue base, such as projections of relevant economic variables (e.g., assessed property values, employment base, unemployment rates, income levels, and retail sales); Population trends; Utilization trends for services underlying revenues; Factors affecting tax collections, including types of property, goods, or services taxed, assessment practices and collection rates, evaluation of trends relating to the Citys financial performance, such as revenues and expenditures, net revenues available after meeting operating requirements; Reliability of revenues expected to pay debt service; Unreserved fund balance levels; Debt service obligations, such as existing debt service requirements; Debt service as a percentage of expenditures or tax or system revenues; Measures of debt burden on the community, such as debt per capita, debt as a percentage of full or equalized assessed property value, and overlapping or underlying debt; and Tax-exempt and taxable market factors affecting interest costs, such as interest rates, market receptivity, and credit rating. Annual debt service on general obligation debt (tax-supported), which excludes self- supported debt, shall be limited to no more than 30% of budgeted expenditures in the Citys General Fund. The City has revenue bonds and other indebtedness of the Electric, Water, and Wastewater Funds. The City will maintain coverage ratios as dictated by the Citys outstanding bond covenants, including any other indebtedness of the Utility System. In addition, the City will follow a policy that the Utility System will maintain a debt service coverage ratio of at least 1.25 on all outstanding revenue bonds and other indebtedness of the Utility System. For this purpose, the debt coverage ratio is defined as the net revenue of the Utility System (gross revenue less operating expenses) for a fiscal year (as set out in the audited financial statements for that fiscal year) divided by the maximum annual debt service for all then outstanding revenue bonds and other indebtedness of the Utility System. The City will strive to further maintain this debt service coverage ratio for each separate utility. The Electric, Water, and Wastewater Funds total long-term debt outstanding shall not exceed the amount of combined fund equity. VII. CAPITAL IMPROVEMENT PROGRAM Page 8 of 27 A. The City will seek all possible federal and state reimbursement for mandated projects and/or programs. The City will pursue a balanced relationship between issuing debt and pay-as-you-go financing as dictated by prevailing economic factors and as directed by the City Council. B. Current operations will not be financed with long-term debt. C. Debt incurred to finance capital improvements will be repaid within the useful life of the asset. D. High priority will be assigned to the replacement of capital improvements and fixed assets when they have deteriorated to the point they are hazardous, incur high maintenance costs, negatively affect property values, or no longer serve their intended purposes. E. An updated Capital Improvement Program will be presented to the City Council for approval on an annual basis. This plan will be used as a basis for the long-range financial planning process. VIII. TYPES OF DEBT The Citys bond counsel and financial advisor will present the different types of debt best suited and legally permissible under state law for each debt issue and assist in analyzing the use of capital lease purchases or the use of lines of credit. These types may include, but are not limited to: Short-term vs. long-term debt, General obligation debt vs. revenue debt, Fixed rate debt, Lease-backed debt, Special obligation debt, such as assessment district debt, Certificates of obligation, Combination tax and revenue debt, Tax Increment Reinvestment Zone (TIRZ) debt, Public Improvement District (PID) debt, Conduit issues, Tax Notes, and Taxable debt. The issuance of long-term variable rate debt and interest rate swaps are expressly prohibited by this policy. The Chief Financial OfficerDirector of Finance will be responsible for evaluating this type of debt and will present a variable rate debt policy or interest rate swap policy to the City Council for approval as necessary. IX. BOND STRUCTURE Factors that may be considered when structuring debt include the following: Page 9 of 27 Final maturity of the debt; Setting the final maturity of the debt equal to or less than the useful life of the asset(s) being financed; Use of zero coupon bonds, capital appreciation bonds, deep discount bonds or premium bonds; Principal and interest payment structure (e.g., level debt service payments, level principal payments, bullet and term maturities, interest only, or other payment structures); Redemption provisions (e.g., mandatory and optional call features); Use of credit enhancement (e.g., bond insurance); Use of senior lien and junior lien obligations; Capitalized interest; and advisor and bond counsel. X. SHORT-TERM DEBT A. General Short-term obligations may be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt (i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with the proceeds of long-term obligations). Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Interim financing may be appropriate when long-term interest rates are forecasted to decline in the future. In addition, some forms of short-term obligations may be obtained more quickly than long-term obligations and, thus, may be used until long- term financing is secured. B. Commercial Paper Due to the financing costs associated with the marketing and placement of commercial paper, programs of less than $25 million may not be cost effective. Should the opportunity to participate in a commercial paper issuance pool present itself or if the establishment of a program becomes cost effective, the advantages and disadvantages shall be evaluated by the Chief Financial OfficerDirector of Finance. The use of a commercial paper program requires approval by the City Council. C. Anticipation Notes Anticipation notes do not require giving a notice of intent. Anticipation notes may be secured and repaid by a pledge of revenue, taxes, or the proceeds of a future debt issue and have a maximum maturity of seven (7) years. Anticipation notes may be authorized by an ordinance adopted by the City Council. Page 10 of 27 Anticipation notes may be used to finance projects or acquisitions that could also be financed using certificates of obligation and have the following restrictions: 1) Anticipation notes may not be used to repay interfund borrowing or a borrowing that occurred up to/or more than 24-months prior to the date of issuance, and 2) The City may not issue anticipation notes that are payable from general obligation bond proceeds unless the proposition authorizing the issuance of the general obligation bonds has already been approved by the voters. D. Line of Credit To the extent authorized by state law and with the approval of the City Council, the City may establish a tax-exempt line of credit with a financial institution selected through a competitive process. Draws shall be made on the line of credit when (1) the need for financing is so urgent that time does not permit the issuance of long- term debt, or (2) the need for financing is so small that the total cost of issuance of long-term debt including carrying costs of debt proceeds not needed immediately is significantly higher. Draws will be made on the line of credit to pay for projects designated for line of credit financing by the City Council. Borrowings under the line of credit shall be repaid from current revenues. The Chief Financial OfficerDirector of Finance will authorize all draws on the line of credit, as authorized in the agreement approved by the City Council. Under current state law, a line of credit cannot extend past the end of the then current fiscal year. E. Capital Leasing Capital leasing is an option for the acquisition of a piece or package of equipment. Leasing shall not be considered when funds are on hand for the acquisition unless the interest expense associated with the lease is less than the interest that can be earned by investing the funds on hand or when other factors such as budget constraints or vendor responsiveness override the economic consideration. Whenever a lease is arranged with a private sector entity, a tax-exempt rate shall be sought. Whenever a lease is arranged with a government or other tax-exempt entity, the City shall obtain an explicitly defined taxable rate so that the lease will not be counted in the Citys total annual borrowings subject to arbitrage rebate. The lease agreement shall permit the City to refinance the lease at no more than reasonable cost should the City decide to do so. A lease which may be called at will is preferable to one which may merely be accelerated. The City shall seek at least three (3) competitive proposals for any lease financing, except those related to technology equipment. Due to the proprietary nature of most technology equipment, lease financing is typically only offered through the The net present value of competitive bids shall be compared, Page 11 of 27 taking into account whether payments are in advance or in arrears, and how frequently payments are made. The purchase price of equipment shall be competitively bid, as required by state law, as well as the financing costs. The Chief Financial OfficerDirector of Finance will ensure any leasing agreement is compared to other financing options to ensure the lease is cost beneficial. Alternate financing options will include revenue bonds, contractual obligations, certificates of obligation, tax notes, and lines of credit. The Chief Financial OfficerDirector of Finance will be the person responsible for evaluating this financing source, and will make a recommendation to the City Council for approval. F. Interfund Loans As allowed by the City, the Chief Financial OfficerDirector of Finance will review opportunities whereby interfund loans may be utilized to meet short-term financing needs. Interfund loans will only be utilized if economically beneficial to the lending fund and only if the rate of return is comparable or higher than the rate of return the lending fund would otherwise receive by keeping funds in the Citys investment pool. Any interfund loan must be approved by the City Council, excluding any interfund balances created during the annual year-end close process relating to negative cash balances generated from activities from reimbursement grants and inventory balances in the warehouse. XI. LONG-TERM DEBT A. General Proceeds from the sale of long-term obligations will not be used for operating purposes, and the final maturity of the obligations will not exceed the estimated useful life of the asset(s) financed. Voter approved general obligation bonds will strive to have a final maturity of twenty (20) years or less. Revenue bonds and certificates of obligation will strive to have a final maturity of thirty (30) years or less. If deemed appropriate, staff may present to the City Council extraordinary circumstances in which longer final maturities may be necessary but never in excess of the useful life of an individual asset. A level debt service structure will be used unless operational matters and marketing considerations dictate otherwise. The cost of issuance of private activity bonds is usually higher than for governmental purpose bonds. Consequently, private activity bonds will be issued only when they will economically benefit the City. The cost of taxable debt is generally higher than for tax-exempt debt. However, the issuance of taxable debt may be required or may be more appropriate in some circumstances and may allow valuable flexibility in subsequent contracts with users or managers of the improvements constructed with the bond proceeds. Therefore, Page 12 of 27 the City will usually issue tax-exempt obligations but may occasionally issue taxable obligations. B. Bonds Long-term general obligation debt, including certificates of obligation, or revenue bonds shall be issued to finance significant and desirable capital improvements. Proceeds of general obligation debt will be used only for the purposes approved by voters in bond elections or set forth in the notices of intent for certificates of obligation or to refund previously issued general obligation bonds, certificates of obligation or revenue bonds. All bonds shall be sold in accordance with applicable law. C. Certificates of Obligation Certificates of obligation may be issued to: Finance permanent improvements and land acquisitions; Finance costs associated with capital project overruns; Acquire equipment/vehicles; Leverage grant funding; Renovate, acquire, construct facilities and facility improvements; Construct street improvements; Provide funding for master plans/studies; Address necessary life safety needs; and Finance revenue supported projects/assets if determined to be more economical than revenue bonds. To the extent required by state law, a resolution authorizing publication of notice of intent to issue certificates of obligation shall be presented for the consideration of the City Council. The notice of intent shall be published in a newspaper of general circulation in the City once a week for two consecutive weeks with the first publication to be at least thirty-one (31) days prior to the date set for passage of the ordinance authorizing the sale of the certificates. Certificates of obligation may be backed by a tax pledge under certain circumstances as permitted by law. They may also be backed by a combination tax and revenue pledge as permitted under state law. Some revenues are restricted as to the uses for which they may be pledged. Electric, Water, and Wastewater revenues may be pledged without limit for Electric, Water, and Wastewater purposes but may only be pledged to a limit of $1,000 for any one series of bonds issued for non-utility system purposes. The final maturity of certificates of obligation will be in accordance with Section XI (A). Page 13 of 27 Effective January 1, 2016 and as prescribed in Section 271.047, Local Government Code, the City Council may not authorize certificates of obligation to pay a contractual obligation to be incurred if a bond proposition to authorize the issuance of bonds for the same purpose was submitted to the voters during the preceding three years and failed to be approved. The City Council may authorize a certificate that it is otherwise prohibited from authorizing: 1. In a case of public calamity if it is necessary to act promptly to relieve the necessity of residents or to preserve the property of the City; 2. A case in which it is necessary to preserve or protect the public health of the residents of the City; 3. A case of unforeseen damage to public machinery, equipment or other property; 4. To comply with a state or federal law, rule, or regulation if the City has been officially notified of noncompliance with the law, rule, or regulation. D. Public Property Finance Contractual Obligations Public property finance contractual obligations may be issued to finance the acquisition of personal property. E. Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of surety bonds, letters of credit, or similar instruments to satisfy debt service reserve fund requirements on outstanding and/or proposed revenue bonds. F. Combination Tax and Revenue Bonds In addition to the policies set forth above, when cost-beneficial and when permitted under applicable state law, the City may consider the use of tax bonds or combination tax and revenue bonds for refunding obligations of the Electric, Water and Wastewater combined utility system, and Solid Waste or any other self- supporting revenue-producing City enterprise. Combination tax and revenue bonds will comply with applicable state law and are assigned the full faith and credit of the City, thereby enhancing the credit rating otherwise obtained from debt that is strictly supported by non-tax revenues (i.e., revenue bonds). G. Capital Appreciation Bonds (CABS) As prescribed by Section 1201.0245, Government Code, a municipality may not issue capital appreciation bonds that are secured by ad valorem taxes (other than as refunding bonds or for the purpose of financing transportation projects) unless: 1. The bonds have a scheduled maturity date that is not later than 20 years after the date of issuance; 2. The City Council has received a written estimate of the cost of the issuance as prescribed in the statute; Page 14 of 27 3. The City Council has determined in writing whether any personal or financial relationship exists between the members of the City Council and any financial advisor, bond counsel, bond underwriter or other professional associated with the bond issuance; and 4. minutes the required information as prescribed in the statute. CABS may not be used to purchase items more regularly considered maintenance items, including replacement HVAC units, upgraded plumbing or similar items, or transportation-related items, including buses, unless the item has an expected useful life that exceeds the CABS maturity date. The total amount of CABS may not outstanding bonded indebtedness at the time of the issuance, including the amount of principal and interest to be paid on the outstanding bonds until maturity. The City may not extend the maturity date of an issued capital appreciation bond, including through the issuance of refunding bonds that extend the maturity date, except in the event the extension of the maturity date will decrease the total amount of projected principal and interest to maturity. XII. CREDIT ENHANCEMENTS Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance, lines of credit, surety bonds and letters of credit. A credit enhancement, while costly, is intended to bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall borrowing costs. The Citys financial advisor will advise the City whether or not a credit enhancement is cost effective under the circumstances and what type of credit enhancement, if any, should be purchased. In a negotiated sale, bids will be taken during the period prior to the pricing of the debt. In a competitive sale, bond insurance may be provided by the purchaser if the purchaser finds it cost effective. Other credit enhancements may arise in the future, which may be beneficial. The Citys financial advisor will present these options for consideration. XIII. REFUNDING AND RESTRUCTURING OPTIONS In the case of advance refundingsTo the extent permitted by law, the City shall consider advance refunding debt whenever an analysis indicates the potential for present value savings of at least 3% of the par amount being refunded. In the case of current refundings, the City shall consider refunding debt whenever an analysis indicates the potential for present value savings above the costs of refunding the outstanding debt. Refunding for savings should not extend the final maturity of the original obligations, unless specifically approved by the City Council. Refunding of contractual obligations not currently recorded as an outstanding debt obligation of the City (i.e., TMPA debt) may be restructured to extend the final maturity if specifically approved by the City Council. Page 15 of 27 XIV. REIMBURSEMENT ORDINANCES The Chief Financial OfficerDirector of Finance will review and approve all reimbursement ordinances from City departments, including enterprise fund departments, before forwarding to the City Council for consideration. Initially, funding for the capital expenditures will be provided with existing bond proceeds or unreserved fund balance. Once the debt is sold, these expenditures will be reimbursed from the debt proceeds. Reimbursement ordinances must be adopted within sixty (60) days of the date the original expenditures were paid. Debt obligations must be issued and the reimbursement allocation made not later than eighteen (18) months after the later of (1) the date the original expenditures were paid, or (2) the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditures were paid. XV. USE OF ANTICIPATED BOND PROCEEDS The use of anticipated bond proceeds will be limited to preliminary (soft) costs, which may include engineering fees, architect fees, feasibility studies, etc unless a reimbursement ordinance has been adopted pursuant to Section XIV. The Chief Financial OfficerDirector of Finance may provide additional parameters regarding qualifying uses and will review and approve all requests for the use of anticipated bond proceeds. Departments may not use anticipated bond proceeds for preliminary costs earlier than 60 days from the date the City Council adopts an ordinance authorizing the sale of said bonds unless a reimbursement ordinance has been adopted pursuant to Section XIV. In no event will the use of anticipated bond proceeds exceed the unreserved fund equity of the combined Utility System for Electric, Water or Wastewater requests or the operating fund of any other department making a request. XVI. METHOD OF SALE A. Competitive Sale When feasible and economical, obligations shall be issued by competitive rather than negotiated sale. Favorable conditions for a competitive method of sale include the following: The market is familiar with the issuer, and the issuer is a stable and regular borrower in the public market; An active secondary market with a broad investor base for the issuers debt; The issue is neither too large to be easily absorbed by the market nor too small to attract investors without a concerted sales effort; The issue is not viewed by the market as carrying overly complex features or requiring explanation as to the debts soundness; and Interest rates are relatively stable, market demand is strong, and the market is able to absorb a reasonable amount of buying or selling at reasonable price changes. 1. Bidding Parameters Page 16 of 27 The notice of sale will be carefully constructed so as to ensure the best possible bid for the City, in light of existing market conditions and other prevailing factors. Parameters to be examined may include: Limits between lowest and highest coupons; Coupon requirements relative to the yield curve; Method of underwriter compensation, discount or premium coupons; Use of true interest cost (TIC); Use of bond insurance; Serial debt versus term debt with mandatory sinking fund redemptions; and Call provisions B. Negotiated Sale Bonds issued for the purpose of refunding and/or restructuring outstanding debt may appropriately be sold on a negotiated basis when maximum flexibility is required in order for the City to respond to day-to-day nuances in the marketplace and other complications peculiar to the issuance of refunding debt. Whenever the option exists to sell an issue on a negotiated basis, an analysis of the options shall be performed to aid in the decision-making process. The City will present the reasons and will actively participate in the selection of the underwriter or direct purchaser. In negotiated sales, the City attempts to involve qualified and experienced firms which consistently submit financing plans to the City and actively participate in the Citys competitive sales. The criteria used to select an underwriter in a negotiated sale may include the following: Overall experience; Participation in the Citys past competitive sales; Marketing philosophy; Capability; Previous experience as managing or co-managing underwriter; Financial statement and financing plans that are relevant and appropriate; Public finance team and resources; and Breakdown of underwriters discount, which includes management fee, underwriting fee, average takedown and other administrative expenses. C. Private Placement When cost-beneficial, the City may privately place its debt. Since underwriting and rating agency expenses may be avoided, it may result in a lower cost of borrowing. Private placement is sometimes an option for small issues. The opportunity may be identified by the financial advisor. XVII. INVESTMENT OF BOND PROCEEDS Page 17 of 27 A. Strategy The City should actively monitor its investment practices to ensure maximum returns on its invested bond funds while complying with federal arbitrage guidelines. Specific investment strategies for the investment of bond proceeds are provided in the Citys Policy No. 403.06 (). B. Arbitrage Compliance With respect to the investment and expenditure of the proceeds of tax-exempt obligations, the Chief Financial OfficerDirector of Finance will: Instruct the appropriate person or persons that the construction, renovation or acquisition of the facilities financed with tax-exempt obligations must proceed with due diligence and that binding contracts for the expenditure of at least 5% of the proceeds of the tax-exempt obligations must be entered into within six months of the date of delivery of such obligations (Issue Date); Monitor that at least 85% of the proceeds of tax-exempt obligations to be used for the construction, renovation or acquisition of any facilities are expended within three years of the Issue Date; Monitor investment of proceeds of the tax-exempt obligations and restrict the yield of the investments to the yield on the tax-exempt obligations after three years of the Issue Date; Monitor all amounts deposited into a sinking fund or funds, (e.g., the Interest and Sinking Fund established under each ordinance authorizing the issuance of the tax-exempt obligations), to assure that the maximum amount invested at a yield higher than the yield on the obligations does not exceed an amount equal to the debt service on the obligations in the succeeding 12 month period plus a carryover amount equal to one-twelfth of the principal and interest payable on the obligations for the immediately preceding 12- month period; Assure that the maximum amount of any debt service reserve fund for tax- exempt obligations invested at a yield higher than the yield on the related tax-exempt obligations will not exceed the lesser of (1) 10% of the principal amount of the related tax-exempt obligations, (2) 125% of the average annual debt service on the related tax-exempt obligations measured as of the Issue Date for such obligations, or (3) 100% of the maximum annual debt service on the related tax-exempt obligations as of the Issue Date for such obligations; Ensure that no more than 50% of the proceeds of tax-exempt obligations are invested in an investment with a guaranteed yield for four years or more; Monitor the actions of the escrow agent (to the extent an escrow is funded with proceeds of tax-exempt obligations) to ensure compliance with the applicable provisions of the escrow agreement, including with respect to reinvestment of cash balances; Page 18 of 27 Maintain any official action of the City (such as a reimbursement ordinance) stating its intent to reimburse with the proceeds of tax-exempt obligations any amount expended prior to the Issue Date for the acquisition, renovation or construction of the facilities financed with the obligations; Ensure that the applicable information return (e.g., Internal Revenue IRS Form 8038-G, 8038-GC, or any successor forms) is timely filed with the IRS; and Assure that, unless excepted from rebate and yield restriction under section 148(f) of the United States Internal Revenue Code of 1986, as amended (the Code, excess investment earnings are computed and paid to the U.S. government at such time and in such manner as directed by the IRS (i) at least every five years after the Issue Date and (ii) within 30 days after the date the tax-exempt obligations are retired. The City will follow a policy of full compliance with all arbitrage rebate requirements of the Code and IRS regulations, and will perform (internally or by contract consultants) arbitrage rebate calculations for each issue subject to rebate on an annual basis. All necessary rebates will be filed and paid when due. C. Arbitrage Liability Management The Chief Financial OfficerDirector of Finance will maintain a system for tracking arbitrage rebate liability and ensuring that required calculations are performed on a timely basis. These calculations will be performed annually and as needed. Due to the complexity of the arbitrage calculations and regulations, and to the severity of the penalties for noncompliance, the advice of bond counsel and qualified experts will be pursued on an ongoing basis. If deemed necessary, funds should be set aside in anticipation of potential rebate liabilities. XVIII. RESTRICTIONS ON PRIVATE BUSINESS USE With respect to the use of the facilities financed or refinanced with the proceeds of tax- exempt obligations the Chief Financial OfficerDirector of Finance will: Develop procedures or a tracking system to identify all property financed with tax- exempt obligations; Monitor the date on which the facilities are substantially complete and available to be used for the purpose intended; Page 19 of 27 Monitor whether, at any time the tax-exempt obligations are outstanding, any person, other than the City, the employees of the City, the agents of the City or members of the general public has any contractual right (such as a lease, purchase, management or other service agreement) with respect to any portion of the facilities; Monitor whether, at any time the tax-exempt obligations are outstanding, any person, other than the City, the employees of the City, the agents of the City or members of the general public has a right to use the output of the facilities (e.g., water, gas, electricity); Determine whether, at any time the tax-exempt obligations are outstanding, any person, other than the City, has a naming right for the facilities or any other contractual right granting an intangible benefit; Determine whether, at any time the tax-exempt obligations are outstanding, the facilities are sold or otherwise disposed of. Prior to any sale of property owned by the City (real or personal), the Chief Financial OfficerDirector of Finance must confirm whether such property was financed with tax-exempt obligations, and if so, determine whether the proposed disposition of the property could impact the tax-exempt status of the issue of tax-exempt obligations that financed the acquisition of such property; Before entering into any private business use arrangement that involves the use of the facilities financed with tax-exempt obligations, the Chief Financial OfficerDirector of Finance must obtain a description of the proposed private business use arrangement and determine whether such arrangement, if put into effect, will be consistent with the restrictions on private business use of the facilities. In connection with the evaluation of any proposed private business use arrangement, the Chief Financial OfficerDirector of Finance should consult with bond counsel to discuss whether such arrangement, if put into effect, will be consistent with the restrictions on private business use of the facility, and, if not, whether any remedial action permitted under federal guidelines may be taken as a means of enabling such private business use without adversely affecting the tax- exempt status of the tax-exempt obligations which financed such facilities; and Take such action as is necessary to remediate any failure to maintain compliance with the covenants contained in the ordinances authorizing tax-exempt obligations related to the public use of the facilities financed by such obligations. The City shall establish an appropriate record keeping system and designate the appropriate City personnel for purposes of compliance with this section, and as stated in Section XIX. XIX. RECORD RETENTION All proceeds of debt obligations accounting system to facilitate arbitrage tracking and reporting. The Chief Financial OfficerDirector of Finance in accordance with accounting standards established by GASB. With respect to each issue of tax-exempt obligations issued by the City, the Chief Financial OfficerDirector of Finance will maintain or cause to be maintained all records relating to Page 20 of 27 the investment and expenditure of the proceeds of such issue and the use of the facilities financed or refinanced thereby for a period ending six years after the complete extinguishment of such issue of tax-exempt obligations. If any portion of an issue of tax- exempt obligations is refunded with the proceeds of another series of tax-exempt obligations, such records shall be maintained until the six years after the refunding obligations are completely extinguished. Such records may be maintained in paper or electronic format. XX. TRAINING The Chief Financial OfficerDirector of Finance shall receive appropriate training regarding systems necessary to track the investment and expenditure of the proceeds and the use of the facilities financed with the proceeds of debt obligations. The foregoing notwithstanding, the Chief Financial OfficerDirector of Finance is authorized and instructed to retain such experienced advisors, agents and consultants as may be necessary to carry out the policies and procedures described in Sections XVII, XVIII and XIX. Page 21 of 27 GLOSSARY Amortization The planned reduction of a debt obligation according to a stated maturity or redemption schedule. Arbitrage The gain which may be obtained by borrowing funds at a lower (often tax-exempt) rate and investing the proceeds at higher (often taxable) rates. The ability to earn arbitrage by issuing tax-exempt securities has been severely curtailed by the Tax Reform Act of 1986, as amended. Average Life The average length of time debt is expected to be outstanding. Generally, a level debt service structure will limit the average life of a bond issue (i.e., a 20 year final maturity will have an approximate average life of 12 years, and a 30 year final maturity will have an approximate average life of 18 years). Basis Point One one-hundredth of one percent (0.0001). BBI Bond Buyer Index. Comparison of current rates for various maturities. Bid Form The document used by an underwriter to submit his bid at a competitive sale. Bond A security that represents an obligation to pay a specified amount of money on a specific date in the future, typically with periodic interest payments. Bond Counsel An attorney (or firm of attorneys) retained by the issuer to give a legal opinion concerning the validity of the securities. The bond counsels opinion usually addresses the subject of tax exemption. Bond counsel may prepare, or review and advise the issuer regarding authorizing resolutions or ordinances, trust indentures, official statements, validation proceedings and litigation. Bond Insurance Bond insurance is a type of credit enhancement whereby a monoline insurance company indemnifies an investor against a default by the issuer to pay principal and interest in-full and on-time. Once assigned, the municipal bond insurance policy generally is irrevocable. The insurance company receives an up-front fee, or premium, when the policy is issued. Book-Entry-Only Bonds that are issued in fully-registered form but without certificates of ownership. The ownership interest of each actual purchaser is recorded on computer. Bond Years $1,000 of debt outstanding for one year used to compute average life and net interest cost. CAFR Comprehensive Annual Financial Report. CIP Capital Improvement Program. Call Option The right to redeem a bond prior to its stated maturity, either on a given date or continuously. The call option is also referred to as the optional redemption provision. Page 22 of 27 Capital Appreciation Bond A bond without current interest coupons that is typically sold at a substantial discount from par. Investors are provided with a return based upon the accretion and compounding of interest on the bond through maturity. As defined by Section 1201.0245, Government Code, means a bond that accrues and compounds interest from its date of delivery, the interest on which by its terms is payable only upon maturity or prior redemption. Capital Lease The acquisition of a capital asset over time rather than merely paying a rental fee for temporary use. A lease-purchase agreement, in which provision is made for transfer of ownership of the property for a nominal price at the scheduled termination of the lease, is referred to as a capital lease. Certificates of Obligation A type of debt authorized to be issued pursuant to the Certificates of Obligation Act of 1971 (Subchapter C of Chapter 271, Texas Government Code). Closing When bonds are exchanged for money (a/k/a delivery or settlement). Commercial Paper (Tax-Exempt) By convention, short-term, unsecured, tax-exempt promissory notes issued in either registered or bearer form with a stated maturity of 270 days or less. Competitive Sale A sale of securities in which the securities are awarded to the bidder who offers to purchase the issue at the best price or lowest cost. Coupon Rate The interest rate on specific maturities of a bond issue. While the term coupon derives from the days when virtually all municipal bonds were in bearer form with coupons attached, the term is still frequently used to refer to the interest rate on different maturities of bonds in registered form. Cover Bid The runner-up in a competitive bond sale. Credit Enhancements Credit enhancements are mechanisms which guarantee principal and interest payments. They include bond insurance and a line or letter of credit. A credit enhancement, while costly, will usually bring a lower interest rate on debt and a higher rating from the rating agencies, thus lowering overall costs. Cost effectiveness of credit enhancement will be evaluated for each debt issue. CUSIP Number The term CUSIP is an acronym for the Committee on Uniform Securities Identification Procedures. An identification number is assigned to each maturity of an issue, and is usually printed on the face of each individual certificate of the issue. The CUSIP numbers are intended to help facilitate the identification and clearance of municipal securities. As the municipal market has evolved, and the new derivative products are devised, the importance of the CUSIP system for identification purposes has increased. Dated Date A defined date at which interest begins to accrue from. Page 23 of 27 Debt Burden The ratio of outstanding tax-supported debt to the market value of property within a jurisdiction. The overall debt burden includes a jurisdictions proportionate share of overlapping debt as well as the municipalitys direct net debt. Debt Limitation The maximum amount of debt that is legally permitted by a jurisdictions charter, constitution, or statutory requirements. Debt Obligation As defined by Section 1201.002, Government Code, means an issued public security which is an instrument, including a bond, certificate, note, or other type of obligation authorized to be issued by an issuer under a statute, a municipal home-rule charter, or the constitution of the state. Debt Service The amount necessary to pay principal and interest requirements on outstanding bonds for a given year or series of years. Debt Service Reserve Fund The fund into which moneys are placed which may be used to pay debt service if pledged revenues are insufficient to satisfy the debt service requirements. The debt service reserve fund may be entirely funded with bond proceeds, or it may only be partly funded at the time of the issuance and allowed to reach its full funding requirement over time, due to the accumulation of pledged revenues. If the debt service reserve fund is used in whole or part to pay debt service, the issuer usually is required to replenish the funds from the first available funds or revenues. A typical reserve requirement might be the maximum aggregate annual debt service requirement for any year remaining until the bonds reach maturity. The size of the reserve fund, and the manner in which it is invested, may be subject to arbitrage regulations. Default The failure to pay principal or interest in full or on time. An actual default should be distinguished from technical default. The latter refers to a failure by an issuer to abide by certain covenants but does not necessarily result in a failure to pay principle or interest when due. Defeasance Providing for payment of principal of premium, if any, and interest on debt through the first call date or scheduled principal maturity in accordance with the terms and requirements of the instrument pursuant to which the debt was issued. A legal defeasance usually involves establishing an irrevocable escrow funded with only cash and U.S. government obligations. Depository Trust Company (DTC) A limited purpose trust company organized under the New York Banking Law. DTC facilitates the settlement of transactions in municipal securities. Downgrade A reduction in credit rating. Enterprise Activity A revenue-generating project or business. The project often provides funds necessary to pay debt service on securities issued to finance the facility. The debts of such projects are self-liquidating when the projects earn sufficient monies to cover all debt service and other requirements imposed under the bond contract. Common examples include water and sewer treatment facilities and utility facilities. Page 24 of 27 Electronic Municipal Market Access (EMMA) Effective July 1, 2009, the SEC implemented amendments to SEC Rule 15c2-12 which approved the establishment by the MSRB of EMMA, the sole successor to the nationally recognized municipal securities information repositories with respect to filings made in connection with disclosure undertakings. Access to filings are made free of charge to the general public by the MSRB. Final Official Statement (FOS) A document published by the issuer which generally discloses material information on a new issue of municipal securities including the purposes of the issue, how the securities will be repaid, and the financial, economic and social characteristics of the issuing government. Investors may use this information to evaluate the credit quality of the securities. Flow of Funds The order in which pledged revenues must be disbursed, as set forth in the trust indenture or bond resolution. In most instances, the pledged revenues are deposited into a general collection account or revenue fund as they are received and subsequently transferred into the other accounts established by the bond resolution or trust indenture. The other accounts provide for payment of the costs of debt service, debt service reserve deposits, operation and maintenance costs, renewal and replacement, and other requirements. GASB Government Accounting Standards Board. GFOA Government Finance Officers Association. General Obligation Debt Debt that is secured by a pledge of the ad valorem taxing power of the issuer. Also known as a full faith and credit obligation. Good Faith Deposit A sum of money given by the Underwriter to assure his bid. Institutional Buyer Banks, financial institutions, insurance companies, and bond funds. Issuance Costs The costs incurred by the bond issuer during the planning and sale of securities. These costs include but are not limited to financial advisory and bond counsel fees, printing and advertising costs, rating agencies fees, and other expenses incurred in the marketing of an issue. Junior Lien Bonds Bonds which have a subordinate claim against pledged revenues. Letter of Credit Bank credit facility whereby a bank will honor the payment of an issuers debt, in the event that an issuer is unable to do so, thereby providing an additional source of security for bondholders for a predetermined period of time. A letter of credit often is referred to as an L/C or an LOC. Letter of Credit can be issued on a stand-by or direct pay basis. Level Debt Service When annual payments are substantially the same each year. Line of Credit Bank credit facility wherein the bank agrees to lend up to a maximum amount of funds at some date in the future in return for a commitment fee. Page 25 of 27 Long-Term Debt Will not exceed the estimated useful life of the asset(s) financed. Voter approved general obligation bonds will strive to have a final maturity of twenty (20) years or less. Revenue bonds and certificates of obligation will strive to have a final maturity of thirty (30) years or less. Manager The member (or members) of an underwriting syndicate charged with the primary responsibility for conducting the affairs of the syndicate. The managers take the largest underwriting commitment. Lead Manager or Senior Manager The underwriter serving as head of the syndicate. The lead manager generally handles negotiations in a negotiated underwriting of a new issue of municipal securities or directs the process by which a bid is determined for a competitive underwriting. The lead manager also is charged with allocating securities among the members of the syndicate in accordance with the terms of the syndicate agreement or agreement among underwriters. Joint Manager or Co-Manager Any member of the management group. Municipal Advisory Council of Texas (MAC) The designated State of Texas Information Depository as approved by the SEC with respect to filings made in connection with undertakings. Municipal Securities Rulemaking Board (MSRB) A self-regulating organization established on September 5, 1975 upon the appointment of a 15-member Board by the Securities and Exchange Agreement. The MSRB, comprised of representatives from investment banking firms, dealer bank representatives, and public representatives, is entrusted with the responsibility of writing rules of conduct for the municipal securities market. New Board members are selected by the MSRB pursuant to the method set forth in Board rules. Negotiated Sale A sale of securities in which the terms of sale are determined through negotiation between the issuer and the purchaser, typically an underwriter, without competitive bidding. Net Interest Cost The average interest cost of a bond issue calculated on the basis of simple interest. Paying Agent An agent of the issuer with responsibility for timely payment of principal and interest to bond holders. Preliminary Official Statement (POS) The POS is a preliminary version of the official statement which is used by an issuer or underwriters to describe the proposed issue of municipal securities prior to the determination of the interest rate(s) and offering prices(s). The preliminary official statement, also called a red herring, often is examined by potential purchasers prior to making an investment decision. Page 26 of 27 Present Value The value of a future amount or stream of revenues or expenditures in current dollars. Private Business Use Private business use occurs whenever tax-exempt obligation proceeds are used to benefit any entity other than a state or local government, including non-profit corporations and the federal government. In simple terms, an issue of tax-exempt obligations may lose their tax-exempt status if (i) more than 10% of the proceeds of the obligations are to be used for any private business use and the payment of the principal of, or the interest, on more than 10% of the proceeds of the obligations is secured by or payable from property used for a private business use or (ii) the amount of the proceeds of the obligations used to make loans to borrowers other than state and local governments exceeds the lesser of 5% of the proceeds or $5 million. Refunding An advance refunding is a refunding that occurs more than 90 days before the call date of the refunded bonds, and a current refunding is a refunding that occurs 90 days or less before the call date. A refunding is a process of selling a new issue of securities to obtain funds needed to retire existing securities. Debt refunding is done to extend maturity and/or to reduce debt service cost. Retail Buyer Individual investors. Revenue Bond A bond which is payable from a specific source of revenue and to which the full faith and credit of an issuer with taxing power is not pledged. Revenue bonds are payable from identified sources of revenue, and do not permit the bondholders to compel a jurisdiction to pay debt service from any other source. Pledged revenues often are derived from the operation of an enterprise activity. Generally, no voter approval is required prior to issuance of such obligations. SEC Securities and Exchange Commission. SID State Information Depository. Secondary Market The market in which bonds are sold after their initial sale in the new issue market. Senior Lien Bonds Bonds having a prior or first claim on pledged revenues. Serial Bonds A bond issue in which the principal is repaid in periodic installments over the issues life. Short-Term Debt May be issued to finance projects or portions of projects for which the City ultimately intends to issue long-term debt (i.e., it will be used, when appropriate, to provide interim financing which will eventually be refunded with proceeds of long-term obligations). Short-term obligations may be backed with a tax and/or revenue pledge or a pledge of other available resources. Split ratings Different rating levels from different rating agencies. Page 27 of 27 Surety Bond A bond guaranteeing performance of a contract or obligation. Term Bonds Term bonds usually refer to a particularly large maturity of a bond issue that is created by aggregating a series of maturities. A provision is often made for the mandatory redemption of specified amounts of principal during several years prior to the stated maturity, which effectively simulates serial bonds. True Interest Cost (TIC) An expression of the average interest cost in present value terms. The true interest cost is a more accurate measurement of the bond issues effective interest cost and should be used to ascertain the best bid in a competitive sale. Variable Rate Bond A bond on which the interest rate is reset periodically, usually no less often than semi-annually. The interest rate is reset either by means of an auction or through an index. Upgrade An increase in credit rating. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2039,Version:1 AGENDA CAPTION ConsiderapprovalofaResolutionrevisingAdministrativePolicyNo.403.06“InvestmentPolicy”;and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider approval of a Resolution revising the Administrative Policy No 403.06 “Investment Policy”; and providing for an effective date. The Audit/Finance Committee recommends approval (3-0). BACKGROUND The City of Denton has a formal Investment Policy to guide decision making in managing and investing public funds. The City’s Policy is modeled after, and in compliance with, the provisions of the Public Funds Investment Act (PFIA) of Texas, Government Code Chapter 2256. In accordance with the Code, and in order of importance, are the following prioritized objectives for managing the portfolio’s fixed income investments: safety of principal, liquidity, and yield. Since it is the City’s practice to hold securities until they mature, temporary market value gains and losses are unlikely to be realized. The general investment strategy, while taking into account the current interest rate environment, is to match maturities to cash flow needs. The Audit/Finance Committee and the City Council are required by the PFIA to review and approve the Investment Policy at least annually. After reviewing the existing Investment Policy with the City’s Investment Advisor and internal Investment Committee, the following revisions are being proposed: 1.Section V, Members – Update the members of the Investment Committee including job titles. (Page 5 and various other pages) 2.Section VI, A – Update the designated Investment Officers by adding the Treasury Manager and removing the Assistant Director. (Page 5) 3.Section VI, A – Update the listing of indemnification of officers by adding the Treasury Manager. (Page 6) 4.Section VII, 10 – Clarify money market requirements by adding “regulated” by SEC with reference SEC Rule 2a7. The City’s investment advisor (First Southwest Asset Management), the Investment Committee, as well as the Audit/Finance Committee have reviewed and approved the revised Investment Policy. RECOMMENDATION Staff recommends approval of the Resolution. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On November 6, 2018 the City’s Audit/Finance Committee unanimously approved that the resolution and revised Investment Policy be forwarded to the City Council for consideration and approval. 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: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS 1.Agenda Information Sheet 2.FY 2018-19 Red Lined Investment Policy 3.Resolution Respectfully submitted: Antonio Puente, Jr. 349-7283 Chief Financial Officer Prepared by: Kevin Ann Mullen Treasury Manager CITY OF DENTON Page 1 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: SECTION:FINANCE POLICIES 403.06 INITIAL EFFECTIVE DATE: SUBJECT:INVESTMENTS 02/17/1987 REVISION DATE: TITLE: INVESTMENT POLICY 11/7/201712-4-2018 I.PURPOSE It is the objective of the City of Denton to invest public funds in a manner which will provide maximum security and the best commensurate yield while meeting the daily cash flow demands of the City and conforming to all federal, state, and local statutes, rules, and regulations governing the investment of public funds. This Policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The Policy and investment strategies shall be reviewed annually by the Audit/Finance Committee and City Council who will formally approve any modifications. This Investment Policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov’t. Code Chapter 2256. II.SCOPE A.This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter inSection II(D), shall be excluded from this Investment Policy. All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR). These funds, as well as others that may be created from time-to-time, shall be administered in accordance with the provisions of this Policy. All funds will be pooled for investment purposes except for those listed under Section II(C). In addition to this Policy, the investment of bond proceeds and other bond funds (including debt service and reserve funds) shall be governed and controlled by their governing ordinance and by the provisions of the Tax Reform Act of 1986, including all regulations and rulings promulgated there under applicable to the issuance of tax-exempt obligations. B.Funds covered by this Policy and managed as a pooled fund group: 1.General Fund - used to account for resources traditionally associated with government, which are not required to be accounted for in another fund. 2.Special Revenue Funds – used to account for the proceeds from specific revenue sources which are restricted or committed to expenditures for specific purposes other than debt service or capital projects. 3.Debt Service Fund used to account for resources to be used for the payment of principal, interest and related costs on general obligation debt. 4.Capital Project Funds – used to account for resources to enable the acquisition or construction of major capital facilities which are not financed by enterprise funds, internal service funds, or trust funds. Page 2 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 5.Enterprise Funds – used to account for operations that are financed and operated in a manner similar to private business enterprises. 6.Internal Service Funds – used to account for the cost of providing goods or services between City departments. 7.Trust and Agency Funds – used to account for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other funds. 8.Bond Reserve Funds – funds set at prescribed levels by certain bond ordinances to pay principal and/or interest if required to prevent default. 9.New funds available for investment by the City, such as (but not limited to) resources associated with Public Improvement Districts or Tax Increment Financing zones, unless specifically excluded herein. C. Funds covered by this Policy and managed as separately invested assets: 1. Bond Funds – funds established with the proceeds from specific bond issues when it is determined that segregating these funds from the pooled funds’ portfolio will result in maximum interest earning retention under the provisions of the Tax Reform Act of 1986. 2. Endowment Funds – funds given to the City with the instructions that the principal is to remain intact, unless otherwise agreed to, and the income generated by the investments will be used for specified purposes. 3. Trust, Escrowed Funds & Security Deposits – funds held outside the City by a trust, escrow agent, or other entity but belonging to the City. D. This Policy shall not govern funds, which are managed under separate investment programs in accordance with the Tex. Gov’t. Code Sec. 2256.004. Such programs currently include all funds related to employee retirement programs, other funds established by the City for deferred employee compensation, and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by federal and state law, the City Charter, and donor stipulations. This Policy also does not apply to monies held in escrow to retire bonds which are subject to defeasance requirements stated under their respective bond ordinances. III.INVESTMENT OBJECTIVES & STRATEGIES It is the policy of the City that, giving due regard to the safety and risk of investments, all available funds shall be invested in conformance with state and federal regulations, applicable bond ordinance requirements, adopted Investment Policy and investment strategies. In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of importance) in accordance with the Tex. Gov’t. Code Sec. 2256.005(d) apply for each of the City’s investment strategies. Page 3 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 A.Suitability – Understanding the suitability of the investment to the financial requirements of the City is important. Any investment eligible in the Investment Policy is suitable for all City funds. B.Safety – Preservation and safety of principal are the primary objectives of the Investment Policy. All investments will be in high quality securities with no perceived default risk. C.Liquidity – The City’s investment portfolio will remain sufficiently liquid to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive investment alternative to fixed income instruments. D.Marketability – Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market “spreads” between the bid and offer prices of a particular security type of less than a quarter of a percentage point shall define an efficient secondary market. E.Diversification – Investment maturities shall be staggered to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. F.Yield – Attaining a competitive market yield, commensurate with the City’s investment risk constraints and the cash flow characteristics of the portfolio, is the desired objective. The goal of the City’s investment portfolio is to regularly meet or exceed the average rate of return on U.S. Treasury bills at a maturity level comparable to the portfolio’s weighted average maturity in days. The yield of an equally weighted, rolling twelve month moving average of a one year U.S. Treasury bill portfolio shall be the minimum yield objective or “benchmark”. One year U.S. Treasury bill information is derived from the Federal Reserve Statistical Release H.15 for constant maturities. A secondary objective will be to obtain a yield equal to or in excess of a local government investment pool or money market mutual fund. The first measure of success in this area will be the attainment of enough income to offset inflationary increases. Although steps will be taken to obtain this goal, the City’s staff will follow the “Prudent Person” statement relating to the standard of care that must be exercised when investing public funds as expressed in the Tex. Gov’t. Code Sec. 2256.006(a-b). The Investment Officers shall avoid any transactions that might impair public confidence in the City’s ability to govern effectively. The governing body recognizes that in adequately diversifying the maturity structure within the portfolio to meet the City’s expenditure needs, occasional measured unrealized losses due to market volatility and rising interest rates are inevitable, and must be considered within the context of the overall portfolio’s investment return. The prudence of the investment decisions shall be measured in accordance with the tests set forth in the Tex. Gov’t. Code Sec. 2256.006(b). IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS In order to better diversify, maximize interest earnings and otherwise meet stated objectives, fund groups may be combined into one or more internal investment pools. Although fund monies may be combined into a single asset portfolio, proportional fund ownership will be accounted for separately. The City maintains separate portfolios for some individual funds or groups of funds (as listed under Page 4 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 Section II) that are managed in accordance with the terms of this Policy and by the corresponding investment strategies listed below. A.Investment Pool Strategy – The City’s Investment Pool is an aggregation of the majority of City funds which includes tax receipts, enterprise fund revenues, fine and fee revenues, as well as some, but not necessarily all, bond proceeds, grants, gifts and endowments. This portfolio is maintained to meet anticipated daily cash needs for the City’s operations, capital projects and debt service. In order to ensure the ability of the City to meet obligations and to minimize potential liquidation losses, the dollar-weighted average stated maturity of the investment pool shall not exceed 1.5 years or 550 days. The objectives of this portfolio are to: 1.Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2.Ensure that anticipated cash flow needs are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy by actively managing the portfolio to meet or exceed the twelve month moving average yield on a one year U.S. Treasury bill as derived from the Federal Reserve Statistical Release H.15 for constant maturities. B.Bond Funds Strategy - Occasionally, separate non-pooled portfolios are established with the proceeds from bond sales in order to maximize earnings within the constraints of arbitrage regulations. The objectives of the portfolios are to: 1.Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flow needs are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy and the bond ordinance by actively managing the portfolio to meet or exceed the bond yield. C. Endowment Fund Strategy - Funds received as gifts to the City with instructions that the income generated by the investment of said funds be used for specified purposes are invested as separate non-pooled portfolios in order to maximize return. The objectives of the portfolios are to: 1.Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flow needs are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. Page 5 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy. D. Trust, Escrowed Funds & Security Deposit Strategy - Funds that are held outside the City by a trust, escrow agent, or as a security deposit, but belonging to the City are governed by their respective trust, escrow, or security deposit agreement and are subject to the provisions of this Policy. The objectives of the portfolios are to: 1.Ensure safety of principal by investing in only high quality securities for which a strong secondary market exists. 2. Ensure that anticipated cash flow needs are matched with adequate investment liquidity. 3. Limit market and credit risk through diversification. 4. Attain the best feasible yield commensurate with the objectives and restrictions set forth in this Policy and the trust, escrow, or security deposit agreement. V. INVESTMENT COMMITTEE Members – The Investment Committee will consist of the City Manager, Deputy City Manager, Director of FinanceChief Financial Officer, Assistant Director of Finance, City Controller,City Auditor,andTreasury AdministratorManager, and the City’s investment advisor. The investment advisor and City InternalAuditor will serve as non-voting members of the Investment Committee. When needed, the City Attorney will act as a legal advisor to the Investment Committee. Scope – The Investment Committee shall meet at least quarterly to determine general strategies, investment guidelines, and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio diversification, maturity structure, potential risk to the City’s funds, authorized broker/dealers (if applicable) and depository institutions, as well as the target rate of return on the investment portfolio. Procedures - The Treasury Administrator Manager shall provide meeting summations to all members. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. A quorum may be achieved by a member designating a substitute participant to serve in his or her absence. That substitute participant will not be granted voting rights. The Investment Committee shall establish its own rules of procedures. VI. RESPONSIBILITY AND STANDARD OF CARE A.Delegation & Training – The management responsibility for the investment program is delegated to the Director of FinanceChief Financial Officer. The primary individual who shall be involved in investment activities will be his designee. The designee may delegate the day to day activities to a responsible individual(s) who has received the appropriate training required by state statute. The Director of FinanceChief Financial Officer and department designees will use this Policy as the primary guideline for the City’s investment program, procedures, and internal control issues. The Director of FinanceChief Financial Officer and the Assistant Director of Financethe Treasury Manager are designated as the Investment Officers, pursuant to Tex. Gov’t. Code Sec. 2256.005(f). Accordingly, the Investment Page 6 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 Officers and persons authorized to execute investment transactions shall attend at least one training session relating to their responsibilities under the Public Funds Investment Act within 12 months after assuming duties and receive no less than 10 hours of instruction relating to investment functions. Thereafter, eight hours of investment training is required in every two year period that begins on the first day of the fiscal year and consists of the two consecutive fiscal years after that date. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the Investment Committee. For purposes of this policy, an “independent source” for investment training shall include a professional organization, an institute of higher learning or any other sponsor other than a business organization with whom the City may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored, accredited or endorsed by the Government Treasurers Organization of Texas (GTOT), Center For Public Management at the University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT), Texas Municipal League (TML), North Central Texas Council of Governments (NCTCOG), Association of Public Treasurers United States & Canada (APT US & C), and Government Finance Officers’ Association (GFOA). No persons may engage in investment transactions except as provided under the terms of this Policy. The Director of FinanceChief Financial Officer shall require an annual compliance review by an external auditor that will consist of an audit of management controls on investments, adherence to the City’s Investment Policy and a review of the quarterly investment reports. The reviews will provide internal control by assuring compliance with policies and procedures. TheDeputy City ManagerAssistant City Manager,Director of FinanceChief Financial Officer, Treasury Manager, Mayor, City Council, City Manager and other Finance Department employees shall be personally indemnified in the event of investment loss provided the Investment Policy has been followed. B.Conflicts of Interest – All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Investment Committee members shall be required to complete an annual ethics statement noting any known conflicts of interest as outlined in Section VI(C) below. C.Disclosure– Anyone involved in investing City funds shall file with the Investment Committee a statement disclosing any personal business relationship with a business organization offering to engage in investment transactions with the City or is related within the second degree by affinity or consanguinity, as determined under the Tex. Gov’t. Code Ch. 573, to an individual seeking to transact investment business with the City. A disclosure statement must also be filed with the Texas Ethics Commission and the City Council. An Investment Officer or other employee has a personal business relationship with a business organization if any one of the following three conditions is met: 1.The Investment Officer or employee owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization. 2.Funds received by the Investment Officer or employee from the business organization exceed 10% of the investment officers gross income for the prior year. Page 7 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 3.The Investment Officer or employee has acquired from the business organization during the prior year investments with a book value of $2,500 or more for their personal account. D.Prudence – The standard of prudence to be used by the investment officials shall be the “Prudent Person Rule”, as set forth in Tex. Gov’t. Code Sec. 2256.006, and will be applied in the context of managing an overall portfolio: “Investments shall be made with judgment and care under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.” Investment officials acting in accordance with the Investment Policy and exercising due diligence shall be relieved of personal responsibilities for an individual security’s credit risk or market price change, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. In determining whether an investment official has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration the investment of all funds over which the official had responsibility rather than consideration as to the prudence of a single investment and whether the investment decision was consistent with the City’s Investment Policy. E.Reporting Quarterly – Not less than quarterly, the Director of FinanceChief Financial Officer shall submit to the City Manager, Mayor and City Council a written report of the City’s investment transactions within one hundred twenty (120) days of the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) be prepared jointly by all Investment Officers, 3) be signed by each Investment Officer, 4) contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group including a) beginning market value for the reporting period; b) additions and changes to the market value during the period; c) ending market value for the period; and d) fully accrued interest for the reporting period, 5) state the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested, 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled fund group for which each individual investment was acquired, and 8) state the compliance of the investment portfolio as it relates to the investment strategy expressed in the Investment Policy and with relevant provisions of the Tex. Gov’t. Code Ch. 2256. Annually - The City Council shall review and approve the Investment Policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit – The City’s external independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council. The audit will also review compliance with management controls on investments and adherence to this Policy. F.As recommended by the Texas State Library and Archives Commission, the guidelines of retaining records for five years from the applicable fiscal year end should be followed for Page 8 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 investment funds other than bond proceeds. Since the City manages the majority of its investments, including bond funds, using an internal pool consisting of combined fund groups, records shall be retained in accordance with the Administrative Policy No. 403.07 "Debt Service Management.” The Director of FinanceChief Financial Officer shall oversee the filing and/or storing of investment records. G. Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similarly qualified successor agency or experienced competitor. VII. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A.Active Portfolio Management – The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Refer to Section VIII of this Policy.) In addition, the Investment Officers may at times restrict or prohibit the purchase of specific types of investments or issuers due to current market conditions. The City shall take all prudent measures consistent with this Investment Policy to liquidate an investment that no longer meets the required minimum rating standards, as per the Tex. Gov’t. Code Sec. 2256.021. However, if it is determined by the Investment Committee that the City would benefit from holding the securities to maturity to recapture its initial investment then the Investment Officers may act accordingly. The City is not required to liquidate investments that were authorized investments at the time of purchase. (Tex. Gov’t. Code Sec. 2256.017) B.Authorized Investments & Maximum Maturities – City funds governed by this Policy may be invested in the instruments described below, all of which are authorized by the Public Funds Investment Act. 1.Direct obligations of the United States of America, its agencies and instrumentalities and maturing in less than five years. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States of America, or any obligation fully guaranteed or insured by the Federal Deposit Insurance Corporation and maturing in less than five years. 3.Direct obligations of the State of Texas or its agencies thereof, Counties, Cities and other political subdivisions rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent and maturing in less than three years. 4.Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas, rated as to investment quality by a nationally recognized investment rating firm not less than AA or its equivalent and maturing in less than three years. 5.Fully insured or collateralized certificates of deposit/share certificates issued by state and national banks or savings bank or a state or federal credit union (having its main or branch office in Texas) guaranteed or insured by the Federal Deposit Insurance Page 9 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 Corporation or its successor or the National Credit Union Share Insurance Fund or its successor. Any uninsured portion of collateralized certificates of deposit must be secured by obligations in accordance with Section XII herein. Banks or credit unions offering collateralized certificates of deposit/share certificates, or are proposing a standby letter of credit as security for deposits, must be pre-approved by the Investment Committee. Certificates of deposits/share certificates fully insured by the Federal Deposit Insurance Corporation or National Credit Union Share Insurance Fund (including successor organizations) do not require prior approval by the Investment Committee. Both insured and collateralized instruments, including those backed by a standby letter of credit, must mature in less than three years. In addition to the City’s authority to invest funds in certificates of deposit and share certificates stated above, an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under Tex. Govt. Code Sec. 2256.010(b): (1) the funds are invested by the City through a clearing broker registered with the Securities and Exchange Commission (SEC) and operating pursuant to SEC rule 15c3-3 (17 C.F.R. Section 240.15c3-3) with its main office or branch office in Texas and selected from a list adopted by the Investment Committee as required by Section 2256.025; or a selected depository institution that has its main office or a branch office in this state; (2) the selected broker or depository institution arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located for the account of the City; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; (4) the selected broker or depository institution acts as custodian for the City with respect to the certificates of deposit issued for the account of the City. 6.Interest bearing bank savings deposits issued by state and national banks or savings bank or a state or federal credit union (having a main or branch office in Texas) that are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund (or successor organizations). Included also are collateralized interest bearing savings deposits that have secured the uninsured portion of deposits with obligations in accordance with Section XII herein. Offering banks of both insured and collateralized savings accounts, including those backed by a standby letter of credit, require prior approval by the Investment Committee. In addition to the City’s authority to invest funds in savings deposits as described above, an investment in savings accounts in accordance with the following conditions is an authorized investment under Tex. Govt. Code Sec. 2256.009(a) : (1) the funds are invested by the City through a clearing broker registered with the Securities and Exchange Commission (SEC) and operating pursuant to SEC rule 15c3-3 (17 C.F.R. Section 240.15c3-3) with its main office or branch office in Texas and selected from a list adopted by the Investment Committee as required by Section 2256.025; or a selected depository institution that has its main office or a branch office in this state; (2) the selected broker or depository institution arranges for the savings deposits in one or more federally insured depository institutions, wherever located for the account of the City; (3) the full amount of the principal and accrued interest of each of the savings accounts is insured by the United States or an instrumentality of the United States; (4) the selected broker or depository institution acts as custodian for the City with respect to the savings deposits issued for the account of the City. Page 10 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 7.Fully collateralized repurchase agreements provided the City has on file a signed Master Repurchase Agreement, approved by the City Attorney, which details eligible collateral, collateralizations ratios, standards for collateral custody and control, collateral valuation, and conditions for agreement termination. The repurchase agreement must have a defined termination date and be secured by obligations in accordance with Section XII of this Policy. It is required that the securities purchased by the City be assigned to the City, held in the City’s name and deposited at the time the investment is made with the City or with a third party selected and approved by the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve or a financial institution doing business in this State and the termination date must be 30 days or less. An exception to the 30 days or less termination date may be made with respect to bond proceeds. The City may specifically authorize in the bond ordinance investments in repurchase agreements, such as a flexible repurchase agreement, with maturities in excess of 30 days subject to any required approvals from bond insurers. 8.Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated not less than A-1 or P-1 or an equivalent rating by at least two nationally recognized rating agencies. 9.Public (local) fund investment pools with a dollar weighted average maturity of 60 days or less. The pool must be approved through resolution by the City Council to provide services to the City and be continuously rated no lower than Aaa or AAAm or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and stabilize at a $1 net asset value. The City may not invest an amount that exceeds 10 percent of the total assets of any one local government investment pool. To be eligible to receive funds from and invest funds on behalf of the City, an investment pool must furnish to the Investment Officer or other authorized representative an offering circular or other similar disclosure instrument that contains information required by the Tex. Gov’t. Code Sec. 2256.016. Investments will be made in a local government investment pool only after a thorough investigation of the pool and approval by the Investment Committee which shall at least annually review, revise and adopt the local government investment pool(s). 10.A Securities and Exchange Commission (SEC) registered and regulated,no load U.S. government money market mutual fund that complies with SEC Rule 2a7 and which has a dollar weighted average stated maturity of 60 days or less and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share. A rating will not be required of money market mutual funds that invest exclusively in U.S. government securities or a combination of U.S. government securities and repurchase agreements backed by U.S. government securities. The City must be provided with a prospectus and other information required by the SEC Act of 1934 or the Investment Company Act of 1940. This may be supplied either through website access or in hard copy form. The City may not invest an amount that exceeds 10 percent of the total assets of any one fund. Investments will be made in a money market mutual fund only after a thorough investigation of the fund and approval by the Investment Committee which shall, at least annually, review, revise and adopt the money market mutual fund(s). Page 11 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 C.Denton Municipal Electric (DME) Authorized Investments – DME engages in the distribution and sale of electric energy to the public and, in accordance with Tex. Gov’t Code Sec. 2256.0201, may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations. “Hedging” is defined by the buying and selling of futures, options or similar contracts and related transportation costs of the aforementioned commodities as a protection against adverse price movements. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. A payment received under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and, thus, DME may credit any amounts received against fuel expenses. The City Council may set and review policies regarding hedging transactions, as per Tex. Gov’t. Code Sec. 2256.0201(c). D.Prohibited Investments – The City’s authorized investment options are more restrictive than those allowed by state law. Furthermore, this Policy specifically prohibits investment in the securities listed below: 1.Obligations, whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. All collateralized mortgage obligations. 4.Reverse repurchase agreements. E.Diversification – It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. In establishing specific diversification strategies, the following general policies and constraints shall apply: 1.Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the internal investment pool portfolio to 550 days. All long-term maturities will be intended to cover long-term liabilities. In addition, at least 5 percent of the funds in the investment pool portfolio will be liquid at all times. Investment pool liquidity, which consists of immediately available funds, is defined as shares in a local government investment pool and money market mutual fund, as well as bank demand and savings deposit balances. Although there is no maximum defined portfolio liquidity position, it is the intent of this Policy to seek out higher yielding alternative investments in accordance with the prioritized objectives of preservation and safety of principal, meeting liquidity needs and yield enhancement as stated throughout the Public Funds Investment Act. Page 12 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 2.The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury securities, federal agencies/instrumentalities, repurchase agreements, insured/collateralized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3.Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations based on book values: Investment Type % of Portfolio U.S. Government Treasury Notes/Bills & Obligations 100% U.S. Government Agencies & Instrumentalities 100% State of Texas Obligations, Agencies & Local Gov’t. 15% Local Government Investment Pools (Gov’t Securities) 50% Local Government Investment Pools (Prime Securities) 15% Repurchase Agreements 20% Certificates of Deposit (insured/collateralized/SLOC*) 35% Savings Deposits (insured/collateralized/SLOC*) 15% U.S. Government Money Market Mutual Funds 50% Callable U.S. Agencies/Instrumentalities 20% Commercial Paper 15% By Institution: Repurchase Agreements No more than 15% Collateralized Certificates of Deposit No more than 15% SLOC* Backed Certificates of Deposit No more than 15% Commercial Paper No more than 5% All Other (except U.S. Treasuries) No more than 35% *Standby Letter of Credit 4.Purchases of securities with stated maturities greater than the maximum authorized under Section VII(B) require prior City Council approval. VIII. SALE OF SECURITIES The City’s policy is to hold all securities to maturity. However, securities may be sold to minimize the potential loss of principal on a security whose credit quality has declined, to swap into another security which would improve the quality, yield or target duration of the portfolio or to meet unanticipated liquidity needs. A horizon analysis is required for each swap proving benefit to the Citybefore the trade decision is made, and will be held in the file for record keeping. Page 13 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 IX. COMPETITIVE BIDDING It is the policy of the City to require competitive bidding for all individual security purchases and sales, as well as for certificates of deposit. Exceptions include: A.Transactions with money market mutual funds and local government investment pools which are deemed to be made at prevailing market rates. B.Treasury and agency securities purchased as new issues through an approved broker/dealer, financial institution or investment advisor. C.Automatic overnight “sweep” transactions with the City’s depository bank. D. Interest bearing savings deposits deemed to be made at prevailing market rates. At least three bids or offers must be solicited for all other transactions involving individual securities. The City’s investment advisor is also required to solicit at least three bids or offers when transacting trades on the City’s behalf. In situations where the exact security is not offered by other broker/dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. In the case of a certificate of deposit purchase, at least two other offers should be solicited to provide a comparison. When few, if any, banks wish to participate then staff may use another authorized investment of similar maturity for evaluation purposes. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. The Investment Committee may approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type, maturity date, amount and potential disruptiveness to the City’s investment program. X. ARBITRAGE The Tax Reform Act of 1986 provided limitations restricting the City’s investment of tax-exempt bond proceeds. Revised arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate is required. To determine the City’s arbitrage position, the City is required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City’s positive arbitrage position. The Tax Reform restrictions require precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply may dictate that the bonds become taxable, retroactively from the date of issuance. The City’s investment position, relative to the revised arbitrage restrictions, is the continued pursuit of maximizing yield on applicable investments while ensuring the safety of capital and liquidity. It is fiscally prudent to continue the maximization of yield and rebate excess earnings, if necessary. XI. SELECTION OF BANKS, BROKER/DEALERS AND INVESTMENT ADVISORS A.Depository – City Council shall, by ordinance, “select and designate one or more banking institutions as the depository for the monies and funds of the City” in accordance with the requirement of Tex. Loc. Gov’t. Code Ch. 105. At least every five years a depository shall Page 14 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 be selected through the City’s banking services procurement process, which shall include a formal request for proposal (RFP). The selection of a depository will be determined by a competitive process and evaluated on the following criteria: 1. Qualified as a depository for public funds in accordance with state and local laws. 2. Provided requested information or financial statements for the periods specified. 3. Complied with all requirements in the banking RFP. 4. Completed responses to all required items on the proposal form. 5.Offered lowest net banking service cost, consistent with the ability to provide an appropriate level of service. 6.Met credit worthiness and financial standards. B.Investment Broker/Dealers – If the City has not retained an investment advisor, then the Investment Committee shall be responsible for adopting the list of qualified brokers/dealers and financial institutions authorized to engage in investment transactions with the City. Authorized firms may include primary dealers or regional broker/dealers that qualify under SEC Rule 15C3-1 (uniform net capital rule) and qualified depositories as established by the Tex. Loc. Gov’t. Code Ch. 105. The Investment Committee shall base its evaluation of security broker/dealers and financial institutions upon: 1.Financial condition, strength and capability to fulfill commitments. 2.Overall reputation with other broker/dealers or investors. 3.Regulatory status of the broker/dealer. 4.Background and expertise of the individual representatives. 5.Ability to provide additional advisory services. The Investment Committee must annually review, revise, and adopt the list of qualified broker/dealers authorized to engage in investment transactions with the City. Investment Officers, or their authorized representatives, shall not conduct business with any firm with whom public entities have sustained realized losses on investments or whose name the Investment Committee has removed from an approved list. C. Investment Advisor – The City may retain the services of an investment advisory firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to assist in the review of the investment policy, cash flow requirements, the formulation of investment strategies, the execution of security purchases, sales and deliveries, as well as attend quarterly investment meetings, provide periodic security valuations, market updates, and to generally service the investment needs of the City. The investment advisor will also be responsible for performing broker/dealer financial due diligence on the City’s behalf and provide a list of its authorized broker/dealers on an annual basis. The City, however, retains ultimate responsibility as fiduciary of its assets. The investment advisory contract may not be for a term longer than two years and its renewal or Page 15 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 extension must be approved by the City Council by ordinance or resolution as required by the Tex. Gov’t. Code Sec.2256.003(b). D.Compliance – A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument upon receiving and reviewing a copy of the Investment Policy. Investments shall only be made with those business organizations (including local government investment pools and investment advisory firms) which have provided the City with this written instrument executed by a qualified representative of the firm, acknowledging that the business organization has: 1. Received and reviewed the City’s Investment Policy. 2.Implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the Investment Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City’s entire portfolio or requires an interpretation of subjective investment standards. It will be at the Treasury Administrator’s Manager’s discretion to accept any additional caveats to the above stated required acknowledgements. The written compliance document must, at a minimum, conform to Tex. Gov’t. Code Sec. 2256 (k) as amended. XII. COLLATERALIZATION, SAFEKEEPING AND CUSTODY A.Collateralization - The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of state law. Financial institutions serving as City depositories will be required to sign a depository agreement with the City which details eligible collateral, collateralization ratios, standards for collateral custody and control, collateral valuation, rights of substitution and conditions for agreement termination. This requirement is applicable to both demand and savings deposits. The City requires that all securities purchased under the terms of a repurchase agreement be assigned to the City in accordance with state law. Dealers and financial institutions wishing to transact repurchase agreements with the City will be required to sign a Master Repurchase Agreement which details eligible collateral, collateralization ratios, standards for collateral custody and control, collateral valuation, rights of substitution, and conditions for agreement termination. The City requires that all uninsured certificates of deposit plus accrued interest held with a depository be secured in accordance with the requirements of state law. Financial institutions will be required to sign a written depository and security agreement which stipulates eligible collateral, collateralization ratios, standards for collateral custody and control, collateral valuation, rights of substitution, and conditions for agreement termination. Collateral will always be held by an independent third party with which the City has a current custodial agreement and shall be reviewed at least monthly to ensure that the market value of the pledged securities is adequate. All deposits and investments of City funds (other than direct security purchases, money market mutual funds and local government investment pools) shall be secured by pledged collateral set at no less than 102 percent of the market value of the principal and accrued interest on the deposits or investments, less an amount insured by FDIC. Eligible collateral to secure the City’s deposits include: Page 16 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 1. Direct obligations of the United States government. 2. Other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the United States government. 3.Direct obligations of agencies or instrumentalities of the United States government, including standby letters of credit. 4.Cash The City will reject adjustable rate mortgages (ARMs), collateralized mortgage obligations (CMOs), step-ups, variable rate instruments (except U.S. Treasury variable rate instruments), or securities that are not found on common pricing systems. B.Safekeeping and Custody – Safekeeping and custody of the City’s investment securities shall be in accordance with state law. All security transactions, except local government investment pool and money market mutual fund transactions, shall be conducted on a delivery versus payment (DVP) basis. Investment securities will be held by a third party custodian designated by the City, and be required to issue safekeeping confirmation notices clearly detailing that the securities are owned by the City. Safekeeping and custody of collateral pledged to the City shall be in accordance with state law. Collateral will be held by a third party custodian designated by the City. The custodian is required to issue safekeeping confirmation notices clearly showing that the securities are pledged to the City. C.Subject to Audit – All collateral shall be subject to inspection and audit by the Director of FinanceChief Financial Officer, or designee, as well as the City’s independent auditors. XIII. MANAGEMENT AND INTERNAL CONTROLS Controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls -Custodian safekeeping confirmation notices records management -Avoidance of bearer-form securities -Documentation of investment bidding events -Written confirmation of telephone transactions -Reconcilements and comparisons of security confirmation notices with the investment records Page 17 of 17 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 -Compliance with Investment Policy -Verification of all interest income and security purchase and sell computations Controls Where Practical -Control of Collusion -Separation of duties -Separation of transaction authority between accounting and record-keeping -Clear delegation of authority -Accurate and timely reports -Validation of investment maturity decisions with supporting cash flow data -Adequate training and development of Investment Officers and staff authorized to execute investment transactions -Review of financial conditions of all broker/dealers and depository institutions -Access to information about market conditions, changes and trends that require adjustments to investment strategies. XIV. INVESTMENT POLICY ADOPTION The Investment Policy shall be formally approved and adopted by resolution of the City Council and reviewed annually in accordance with the provisions of the Public Funds Investment Act of the Texas Government Code Chapter 2256. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2047,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteacontractforthepurchaseofcloud-basedsoftwareforpermittingand zoningrequirementswithOpenCounterEnterprises,Inc.,whichisthesoleproviderofthissoftwarein accordancewithTexasLocalGovernmentCode252.022,whichprovidesthatprocurementofcommoditiesand servicesthatareavailablefromonesourceareexemptfromcompetitivebiddingandifover$50,000shallbe awardedbythegoverningbody;andprovidinganeffectivedate(File6918-awardedtoOpenCounter Enterprises, Inc., in the five (5) year not-to-exceed amount of $125,000). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 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 contract for the purchase of cloud-based software for permitting and zoning requirements with Open Counter Enterprises, Inc., which is the sole provider of this software in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 6918 awarded to Open Counter Enterprises, Inc., in the five (5) year not-to-exceed amount of $125,000). INFORMATION /BACKGROUND Open Counter Enterprises, Inc. (Open Counter) is a cloud-based service customized to the Denton Development Code and utilized primarily by small businesses to assist in navigating the zoning and permitting process. Open Counter improves the citizen experience of government by creating a public facing permit scoping tool that is available 24/7. When citizens start a business, they're confronted with complex requirements from the City: multiple permits from different departments, each with its own terminology and procedures. Tradespeople and permit expeditors know how to navigate these processes, but non-professionals are often left behind. Their lack of experience can lead to delays and missteps, and even penalties and fines. Open Counter uses requirements, fees, and time lines as applicants provide project details, and it ultimately passes users into existing application endpoints without altering internal City processes. Open Counter uses the City's GIS database and ordinances in the background of the software to articulate accurate application processes. Denton businesses and residents who use the software find it to be such a useful tool that staff supports renewing the professional service agreement. Open shows that the software provided information on more than 2,130 questions regarding zoning, building permits, and consumer health for our customers. During the last 12 months of service, it has saved more than 415 hours of staff time by providing useful information to our customers, on average in four minutes or less. The City of Denton was an early customer of Open Counter and as such receives a discounted contract rate. Funding for the contract renewal with Open budget and approved by City Council in September. In June 2018, an invoice covering the time period of 06/01 - 10/31/18 was paid to allow continued service while an approval of the contract renewal was processed. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On January 6, 2015, the City Manager approved a three (3) year professional services agreement with Open Counter in the amount of $90,000. RECOMMENDATION Award a contract with Open Counter Enterprises, Inc., for the supply of permitting and zoning software, in a five (5) year not-to-exceed amount of $125,000. PRINCIPAL PLACE OF BUSINESS Open Counter Enterprises, Inc. San Francisco, CA ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION These services will be funded from Economic Development account 200001.7899. The budgeted amount for these services is $25,000 per year. 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 Exhibit 1: Agenda Information Sheet Exhibit 2: Sole Source Memo Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Christina Davis at 940-349-7730. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2049,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,aTexashome-rulemunicipalcorporation, authorizingtheCityManagertoexecuteanIntergovernmentalCooperativePurchasingAgreementwiththe PublicProcurementAuthority,undertheTexasLocalGovernmentCode271.102toauthorizeCityofDenton contractsforthepurchaseofvariousgoodsandservicesincludingcommunityriskassessmentandstandardsof coverforFire/EmergencyMedicalServices;authorizingtheexpenditureoffundstherefor;anddeclaringan effectivedate(File6936-IntergovernmentalCooperativePurchasingAgreementwiththePublicProcurement Authority). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 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 an Intergovernmental Cooperative Purchasing Agreement with the Public Procurement Authority, under the Texas Local Government Code 271.102 to authorize City of Denton contracts for the purchase of various goods and services including community risk assessment and standards of cover for Fire/Emergency Medical Services; authorizing the expenditure of funds therefor; and declaring an effective date (File 6936 - Intergovernmental Cooperative Purchasing Agreement with the Public Procurement Authority). INFORMATION /BACKGROUND This agreement will allow the City to utilize contracts for goods and services competitively solicited by the Public Procurement Authority. The solicitation process followed meets all statutory procurement requirements. Upon approval, the City intends to procure a standards of cover assessment in which fire service industry standards are measured and recommendations are issued for: fire station locations, service delivery modeling, and community risks. Pricing obtained through the Intergovernmental Cooperative Purchasing Agreement has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. This allows the City to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies. The attached agreement is an authorization for the City of Denton to participate in contracts awarded by Public Procurement Authority. The contract will remain in effect until terminated by either party. RECOMMENDATION Award an Intergovernmental Cooperative Purchasing Program Agreement with the Public Procurement Authority. PRINCIPAL PLACE OF BUSINESS Public Procurement Authority Wilsonville, OR ESTIMATED SCHEDULE OF PROJECT This Agreement is effective upon approval and will remain in effect until terminated by either party. FISCAL INFORMATION Each future acquisition, based on this agreement, will follow the City of Denton fiscal verification policy and be charged to the appropriate budget account. 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: 3.3 Promote a business-friendly environment EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Lori Hewell, 940-349-7100. Legal point of contact: Mack Reinwand at 940-349-8333. ORDINANCE NO. ___________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH THE PUBLIC PROCUREMENT AUTHORITY, UNDER THE TEXAS LOCAL GOVERNMENT CODE 271.102 TO AUTHORIZE CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES INCLUDING COMMUNITY RISK ASSESSMENT AND STANDARDS OF COVER FOR FIRE/EMERGENCY MEDICAL SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 6936 - INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WITH THE PUBLIC PROCUREMENT AUTHORITY). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Cooperative Purchasing Agreement with the Public Procurement Authority, under the Texas Local Government Code 271.102, a copy of which is attached hereto and incorporated by refe SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the File 6936 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Mayor Chris Watts: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1902,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheCityManagertosignanInterlocal CooperationAgreementbetweentheCityofDentonandtheUniversityofNorthTexas(“UNT”)regarding trafficsignaloperationduringUNTspecialeventsandupgradestotrafficcontrolsignalequipmentatfour specifiedintersections(NorthTexasBoulevardatI-35EandBonnieBraeStreetatI-35E)atacostof$60,000 ($30,000totheCityand$30,000toUNT);providingforaseverabilityclause;andprovidingforaneffective date. Traffic Safety Commission recommends approval 4-0. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: December 4, 2018 SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager to sign an Interlocal Cooperation Agreement between the City of Denton and the University of North TUNT traffic signal operation during UNT special events and upgrades to traffic control signal equipment at four specified intersections (North Texas Boulevard at I-35E and Bonnie Brae Street at I-35E) at a cost of $60,000 ($30,000 to the City and $30,000 to UNT); providing for a severability clause; and providing for an effective date. Traffic Safety Commission recommends approval 4-0. BACKGROUND The UNT campus has been an integral part of the City of Denton for a long time. Every year UNT hosts numerous special events which requires traffic management through the implementation of traffic control plan at key intersections along I-35 E near the campus. In order to improve communication and better coordinate projects, City and UNT staff have conducted a series of monthly meetings since May 2017. During these meetings, UNT Police Department discussed their concerns regarding traffic congestion and management during special events. As part of the traffic control plan, UNT Police Department has to commit considerable resources to man and control traffic at the traffic signals on the I-35E Frontage Road. As such, UNT requested the City to assist in controlling and managing traffic during special events by providing staff to manipulate the traffic signals before and after the special events. UNT agrees to pay the City on an hourly basis for the time they work on these special events. Additionally, UNT will pay for 50 percent of the cost of upgrading the traffic signals at the following intersection in the City. 1. North Texas Boulevard at I-35E Northbound Frontage Road 2. North Texas Boulevard at I-35E Southbound Frontage Road 3. Bonnie Brae at I-35E Northbound Frontage Road 4. Bonnie Brae at I-35E Southbound Frontage Road The hourly cost and the total cost to upgrade the traffic signals is included in the Inter-Local Agreement (Exhibit 2). Staff recommends approval of an Inter-Local Agreement with University of North Texas (UNT) regarding traffic signal operation during UNT special events, and upgrading traffic signal equipment at four intersection within the City of Denton. OPTIONS 1. Approve adoption of the Ordinance for executing the Inter-Local Agreement with UNT regarding traffic signal operation during UNT special events, and upgrading traffic signal equipment at four intersection within the City of Denton. 2. Reject adoption of the Ordinance for executing the Inter-Local Agreement regarding traffic signal operation during UNT special events, and upgrading traffic signal equipment at four intersection within the City of Denton. RECOMENDATION Staff recommends approval of the Inter-Local Agreement with the University of North Texas (UNT) for traffic signal operation during UNT special events, and upgrading traffic signal equipment at four intersection within the City of Denton. FISCAL INFORMATION The for upgrading the intersections will be funded from the traffic operations budget. 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: 2.2 Seek solutions to mobility demands and enhance connectivity EXHIBITS 1. Agenda Information Sheet 2. Ordinance and Inter-Local Agreement 3. Presentation Respectfully submitted: Pritam Deshmukh, P.E. City Traffic Engineer If a council member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, he or she may contact City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1904,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDentonauthorizingtheCityManagertosignanamended InterlocalAgreementbetweentheCityofDentonandtheUniversityofNorthTexas(“UNT”)forthe enforcementofparkingregulationsbyUNT,toincludeKendolphAvenuefromWilshireStreettoI-35E northboundFrontageRoad;providingforaseverabilityclause;andprovidingforaneffectivedate.Traffic Safety Commission recommends approval 4-0. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: December 4, 2018 SUBJECT Consider adoption of an Ordinance of the City of Denton authorizing the City Manager to sign an amended Interlocal enforcement of parking regulations by UNT, to include Kendolph Avenue from Wilshire Street to I-35E northbound Frontage Road; providing for a severability clause; and providing for an effective date. Traffic Safety Commission recommends approval 4-0. BACKGROUND As part of the recent I-35 E widening project, direct access to Kendolph Street from the I-35 E Northbound Frontage Road was restricted. As such, Kendolph Street south of Wilshire Street provides local access to adjacent properties and dead ends just before the I-35 E northbound Frontage Road. The University of North Texas has acquired all property on the east and west side of Kendolph Street between Wilshire Street and I-35 E Northbound Frontage Road. The building on the east side of Kendolph Street (previously the Sac- n-Save) is being remodeled to provide office space to UNT administrative staff. Given the occupancy of this building, the University of North Texas has requested the City to consider the amendment of an existing Ordinance (2006-358) to allow UNT the: 1. Enforcement authority over Kendolph Street between Wilshire Street and I-35E Northbound Frontage Road. (see Exhibit 2) 2. And restrict the on-street parking on both sides of Kendolph Street between Wilshire Street and I- 35 E Northbound Frontage Road to permit only parking This will assist UNT in managing on-street parking, providing safe access along Kendolph Street and address the projected parking needs of the building occupants at 1500 IH 35 (UNT Administrative Services Staff). -street parking and restrict it to permit parking on both sides of Kendolph Street south of Wilshire Street. OPTIONS 1. Approve the Ordinance to allow University of North Texas (UNT) to enforce parking regulations and restrict on-street parking to permit parking along Kendolph Street south of Wilshire Street. 2. Reject the Ordinance to allow University of North Texas (UNT) to enforce parking regulations and restrict on-street parking to permit parking along Kendolph Street south of Wilshire Street. 3. Provide staff direction. RECOMMENDATION Staff recommends Option 1, approve the Ordinance to allow University of North Texas (UNT) to enforce parking regulations and restrict on-street parking to permit parking along Kendolph Street south of Wilshire Street. SCHEDULE If approved, the proposed parking changes can be implemented before January 14, 2019. 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: 4.1 Enhance public safety in the community EXHIBITS 1. Agenda Information Sheet 2. Location Map 3. Original Ordinance 2006-358 and Interlocal Agreement 4. New Ordinance 5. Presentation Respectfully submitted: Pritam Deshmukh, P.E. City Traffic Engineer FOOI KAEP NAMRON HCLEW LARTNEC A EVA N LAMRO EOGAJ EVA C VA C E C EVA D EVA RELLIM N AXET HTRO S F EVA City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2046,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton(“City”)authorizingtheCityManager,orhis designee,toexecuteaContractofSalebyandbetweenMargaretHudnall(the“Owner”),andtheCity, regardingthesaleandpurchaseoffeesimpletoanapproximate0.472acretract,moreorless,situatedin EugenePuchalskiSurvey,AbstractNo.996,DentonCounty,TexasforthepurchasepriceofTwoHundred Forty-SixThousandNineHundredEightyDollarsandNoCents($246,980.00),asprescribedintheContractof Sale;authorizingtheexpenditureoffundstherefor;authorizingrelocationexpenditures;providingfor severabilityandaneffectivedate.(BonnieBraeStreetproject-Phase4-Parcel29-2293ScriptureStreet- Hudnall) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ DCM/ ACM: Mario Canizares DATE: December 4, 2018 SUBJECT designee, to execute a Contract of Sale by and between Margaret Hudnall regarding the sale and purchase of fee simple to an approximate 0.472 acre tract, more or less, situated in Eugene Puchalski Survey, Abstract No. 996, Denton County, Texas for the purchase price of Two Hundred Forty-Six Thousand Nine Hundred Eighty Dollars and No Cents ($246,980.00), as prescribed in the Contract of Sale; authorizing the expenditure of funds therefor; authorizing relocation expenditures; providing for severability and an effective date. (Bonnie Brae Street project Phase 4 Parcel 29 2293 Scripture Street Hudnall) BACKGROUND The "Bonnie Brae Secondary arterial from IH35E to North of Scripture" project was approved by the voters as part of the Mobility Improvement projects initiative on the ballot for the November 5, 2014 bond election. The final road alignment has been established and a substantial portion of the subject property tract will be required for the construction of the roadway improvements. Margaret Hudnall has agreed to sell the subject 0.472 acre tract for the stipulated purchase price above. If a council member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, sideration of this agenda item. OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance 3. Table for future consideration RECOMMENDATION Staff recommends approval of the ordinance. ESTIMATED SCHEDULE OF PROJECT Road design documents targeted for completion and bid advertisement in January 2019. Anticipated construction start early summer 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council closed session briefing: November 13, 2018. FISCAL INFORMATION A total of $13,250,000 in funding was approved for the Project, which includes $2,000,000 in bonds in FY 2014/15, 7,500,000.00 FY 2017/18, and $3,750,000.00 reallocation of funds in coordination with the City Finance Department. The purchase of the tract at hand, if approved, will be funded out of the Streets Capital Project Fund account established for the Project: 250023467. 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, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal: Related Key Focus Area: Public Infrastructure Related Goal: 2.1 Optimize resources to improve quality of City Roadways EXHIBITS 1 -Agenda Information Sheet 2 -Location map 3 -Site map 4-Ordinance Respectfully submitted: Paul Williamson Real Estate Manager Prepared by: Amy B. Parish Sr. Real Estate Analyst DRANREB RELLIM EARB EINNOB City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-1972,Version:1 AGENDA CAPTION Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and Kiwanis Club of Denton, Breakfast, Denton, TX for the payment and use of hotel tax revenue; and providing an effective date. ($6,000 - The Hotel Occupancy Tax and Sponsorship Committee recommends approval 3-0) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: DCM: DATE: SUBJECT BACKGROUND PRIOR ACTION/REVIEW (Council, Boards, Commissions) FISCAL INFORMATION STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Organizational Excellence Related Goal: 1.1 Manage financial resources in a responsible manner EXHIBITS City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2095,Version:1 AGENDA CAPTION Consider an appeal of the Historic Landmark Commission denial of an amendment to an existing Certificate of Appropriateness for the expansion of a mural to the front façade of a local designated landmark building located at 122 North Locust (COA17-0010, 122 N. Locust) The Historic Landmark Commission recommends denial (7-0). City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Consider an appeal of the Historic Landmark Commission denial of an amendment to an existing Certificate of Appropriateness for the expansion of a mural to the front façade of a local designated landmark building located at 122 North Locust (COA17-0010, 122 N. Locust, Roman McAllen). BACKGROUND The Historic Landmark Commission (HLC) initially approved a Certificate of Appropriateness (COA17- 0010) on November 13, 2017 to allow for a mural to be painted on the north facing façade of the building, repainting the front façade, replacing existing doors and awning and repairing existing wood veneer panels. The agenda item and minutes from the November 13, 2018 meeting are provided as Exhibit 3. The applicant, Eric Pulido, applied to amend his 2017 approved COA for the expansion of a mural to the front façade of building located at 122 North Locust, a locally designated landmark. At the October 8, 2018 HLC meeting the requested amendment was unanimously denied by a vote of 7-0, but the HLC approved the mural on the south facing façade by a vote of 4-3. The agenda item and approved minutes from the October 8, 2018 meeting are provided as Exhibit 4. The applicant is appealing this denial to City Council in accordance with Section 35.7.6.8. A copy of the request for the appeal is provided as Exhibit 5. A Staff Analysis is provided as Exhibit 2 outlining when and why a Certificate of Appropriateness is required, and the criteria used for the denial. OPTIONS: 1. Overturn Denial 2. Re-affirm the Denial 3. Continue the item PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council designated 122 North Locust as a local landmark in March 4, 2008. The HLC initially approved a Certificate of Appropriateness (COA17-0010) on November 13, 2017 to allow for a mural to be painted on the north facing façade of the building, repainting the front façade, replacing existing doors and awning and repairing existing wood veneer panels. The HLC considered an appeal on October 8, 2018 and denied the mural on the west facing façade 7-0. City Council considered this item on November 27, 2018 and tabled the item until the December 4, 2018 City Council meeting. 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: 3.2 Make Denton a destination for visitors EXHIBITS Exhibit 1- Agenda Information Sheet Exhibit 2- Staff Analysis Exhibit 3- Historic Landmark Commission November 13, 2017 Agenda Information Sheet and approved meeting minutes regarding COA17-0010. Exhibit 4- Historic Landmark Commission October 8, 2018 Agenda Information Sheet and approved meeting minutes regarding an amendment to COA17-0010 Exhibit 5- Applicants request of Appeal Exhibit 6- Images of Building Respectfully Submitted: Richard Cannone, AICP Deputy Director/Planning Director Development Services Prepared By: Roman McAllen, Assoc. AIA, AICP, CNU-A Historic Preservation Officer Planning Staff Analysis COA17-0010/122 North Locust City Council District 1 November 27, 2018 REQUEST: Consider an appeal of the Historic Landmark Commission denial of an amendment to an existing Certificate of Appropriateness for the expansion of a mural to the front façade of a local designated landmark building located at 122 North Locust (COA17-0010, 122 N. Locust, Roman McAllen). OWNER: Sparky Pearson APPLICANT: Eric Pulido BACKGROUND: The Historic Landmark Commission initially approved a Certificate of Appropriateness (COA17- 0010) on November 13, 2017 to allow for a mural to be painted on the north facing façade of the building, repainting the front façade, replacing existing doors and awning and repairing existing th wood veneer panels. The agenda item and minutes from the November 13 meeting are provided as Exhibit 3. The applicant, Eric Pulido submitted an application to amend COA17-0010 for the expansion of a mural to the front façade of building located at 122 North Locust, a locally designated landmark. Prior to the October 8, 2018 scheduled Historic Landmark Commission consideration, the applicant moved forward with completing the work. The applicant did make staff aware on Friday th October 5 that he had access to the artist, and the equipment on site, necessary to complete the mural painting. Staff reached out to the applicant on site the same day to recommend against completing the mural prior to Historic Landmark Commission consideration, however upon arriving the work had already commenced. The applicant stated that if he was denied, he would repaint the front façade without the mural. Given that this was already scheduled for consideration by Historic Landmarks Commission, no enforcement action was taken. LOCAL DESIGNATION AND CERTIFICATE OF APPROPRIATENESS: In March of 2008, the City Council designated 122 North Locust as a local landmark. This local landmark is also in the Denton County Courthouse Square Historic District. The building was built in 1877 and was a masonry building with iron columns. The local designation recognizes this structure as it was the only building on this block of the square that survived a devastating fire in 1885. Section 35.7.6.8 stipulates that no person shall alter, change, construct, reconstruct, expand, restore, remove or demolish any exterior architectural feature of a designated historic landmark or allow the results of such action to be maintained unless application is made for a Certificate of include but not be limited to architectural style and general arrangement of such portion of the exterior of a structure While painting is permitted through a minor exterior alteration, staff was of the opinion that a full COA should be considered by the Historic Landmark Commission as an amendment to the previously approved COA. CONSIDERATION AND DECISION Section 35.7.6.8.E of the Denton Development Code establishes criteria for the denial of Certificate of Appropriateness. A Certificate of Appropriateness must be denied if there is a final decision that the proposed work will have an adverse effect on: 1. The external architectural features of the historic landmark; 2. The external architectural features of the properties in the block or in the historic district as a whole; or 3. The future preservation, maintenance and use of the historic landmark and the historic district. As outlined in the approved minutes from the October 8, 2018 Historic Landmark Commission meeting, the overall discussion centered on the opinion that a mural on the front façade of the building does adversely affect the external architectural features of the landmark. As a result, the requested amendment was unanimously denied the request by a vote of 7-0. The agenda item th and approved minutes from the October 8 meeting are provided as Exhibit 4. The applicant is appealing this denial to City Council in accordance with Section 35.7.6.8. Exterior alterations and changes; minor exterior alteration, ordinary maintenance; appeals. A copy of the request for the appeal is provided as Exhibit 5. Action Item 3A Planning Report 122 North Locust-Hand Painted Mural COA17-0010 Historic Landmark Commission November 13, 2017 REQUEST: Hold a public meeting and consider an application for a Certificate of Appropriateness, in accordance with Section 35.219.d to have a mural painted on the building located at 122 North Locust and to change a door on the front of the same building. The site is generally located on the southeast corner of East Oak and North Locust. (COA17-0010, Roman McAllen) APPLICANT/OWNER: Eric Pulido BACKGROUND: The applicant is seeking approval to have a mural painted on the building located at 100 North Locust Street. A COA is required because the building is a locally designated landmark, per Section 35.219.d. CONSIDERATIONS: 1. Property Appearance Guidelines were adopted in 1997 by the City of Denton to be used for the approval of renovations and new construction in our downtown core area. 2. The Downtown Core Area, Sign Design Guidelines Section, of the Appearance Guidelines contains a portion specific to Painted Signs on a Building Surface. The Section states: The renovation of historic advertising painted directly on building surfaces is encouraged, along with creation of large-scale murals as a form of public art. All wall signs and murals should be professional applied or restored. OPTIONS: 1. Approval as submitted 2. Approval subject to conditions 3. Deny 4. Continue the item RECOMMENDATION: Staff recommends approval of the Certificate of Appropriateness to have a mural painted on the building located at 122 North Locust and to change a door on the front of the same building. If a recommendation of denial is made, it should be because the proposed work would have an adverse effect on one or more of the following, from Section 35.219.e: 1. The external architectural features of the historic landmark; 2. The external architectural features of the properties in the block or in the historic district as a whole; or 3. The future preservation, maintenance and use of the historic landmark and the historic district. EXHIBITS: 1. COA Application 2. Site Location Map 3. Renderings of the Proposed Signs 4. Images of Building Today 5. Historical Images 6. Property Appearance Guidelines Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP Richard Cannone, AICP Historic Preservation Officer Interim Planning Director Ћ BAND ON THE RUN Mural Project 1 a. Painting the Mural- The wall appears to be roughly 2,200 sq. ft. I generally price murals based on the square footage at $10-$30/sq ft. depending on the complexity of the painting. This cost includes all labor, equipment, paint and tool rentals but does not include cleaning, prepping or sealing the wall. The cost to paint the above design of ÅBand on the RunÆ would be $35,000. b. Boom Lift rental will be necessary because obstructions and uneven terrain would make scaolding too dangerous and the objects bellow the wall would obstruct a scissor lift. In order to make room for the lift, the parking spots directly bellow the wall would need to be coned o for the duration of the painting period (roughly 2-3 weeks) c. The surface of the wall is currently cracking and coming o in large areas. Repairs to the wall before painting will help ensure the longevity of the wall. ItÈs recommended that all repairs, seals and cleaning be Ðnished one week prior to painting to ensure proper dry times. d. The paint used for the mural will be high grade, exterior semi-gloss, Latex paint with high color retention. If additional protection is desired, I can seal the wall with a clear coat after painting for an additional $1.50/sq. ft. e. The Ðnal painting would be slightly stylized and include slightly more detail than the digital sketch above. The color scheme is intended to be a mixture of classic western Ðlm poster art and 1950Ès motorcycle culture. If there are any other questions I can answer about the project, donÈt hesitate to ask. Thanks, Dan Black www.danblack.work senddanblack@gmail.com 2 Images of Building 2017 Historical Images CźŭǒƩĻ Њ Ώ wĻğƩ tƚƩƷźƚƓ bƚƩƷŷ 9ƌĻǝğƷźƚƓ ƚŅ .ǒźƌķźƓŭ City of Denton Property Appearance Guidelines Table of Contents INTRODUCTION 1 Project Overview 3 How To Use The Guidelines 3 BASIC DESIGN ELEMENTS 5 7 General Sign Issues 9 DOWNTOWN CORE AREA 13 Site Design Guidelines 15 Building Design Guidelines 16 Building Renovation Guidelines 17 Sign Design Guidelines 20 Building Maintenance and Repair Guidelines 22 APPENDIX 25 27 28 30 31 D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES Property Appearance Guidelines INTRODUCTION D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 1 INTRODUCTION Why have property appearance guidelines? Project Overview One purpose of the guidelines is to inform the community about The purpose of these Property Appearance Guidelines is to structures and districts. The guidelines outline an approach to identify the character-giving elements of Denton’s historically design that will help sustain the character of such structures and districts. Therefore, the intent is to provide information that Resources Survey) so that new development can be guided property owners may use in making decisions about their property. to respect, reinforce and enhance the existing character of the individual resources and districts.a basis for making informed, consistent recommendations. This document provides a general appearance program overview, Why use property appearance guidelines? guidelines. Although this manual provides guidelines only for the Protecting Denton’s historic districts is a public responsibility. Property appearance guidelines represent a partnership among to expand this document to include appearance guidelines for all property owners in the district. When property owners invest mixed use districts and areas of residential character.in the rehabilitation or construction of commercial property, they like to know that the investment will be protected. Application of What are property appearance guidelines?the guidelines is one part of that economic protection. Property appearance guidelines assist building owners with new Understanding that the rehabilitation of historic structures and construction or the rehabilitation of their older buildings. For the compatibility of new construction in an historic district is example, downtown improvement projects of the 1960s and 1970s usually approached the downtown in one way: to make have been developed to encourage voluntary application of the all buildings homogenous by covering them with false facades, guidelines. The guidelines have been written to allow for turning streets into malls and recommending that every business individual differences in buildings and budgets. The goal is not have similar signs, awnings and colors. This was an attempt uniformity, but diversity. ti make downtown comparable with the new concepts of new suburban strip shopping centers and enclosed malls.How To Use The Guidelines But the beauty of downtown is its diversity, its evolution, its The primary users of this document are intended to be evocation of local history. By covering and distinguishing the individuals, agencies or organizations that are seeking to develop special architectural character of each building, these early existing historic properties or construct new buildings within the attempts to compete with urban sprawl furthered the decline of boundaries of an historic district. central business districts. The downtown revitalization programs of the 1990s, such as the Main Street Program in Denton, These guidelines provide developers and the City of Denton with attempt to bring life downtown by respecting the individuality of each structure while encouraging the concept of the buildings development will be sensitive to the buildings and character of as a collection. Property appearance guidelines assist in this Denton’s historic areas. process. While not mandatory, the guidelines do represent community policy about design issues. They outline the approach to certain Who should apply? design issues, but do not dictate solutions. For example, the guidelines may suggest that commercial storefronts should Some properties are locally designated historic landmarks be recessed; they do not dictate the design of the storefront. The guidelines also identify inappropriate approaches, such as of Appropriateness before a building permit is issued for any sandblasting. Appropriateness and submit plans for exterior improvements D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 3 projects subject to such review, applicants should refer to the guidelines at the outset to avoid planning efforts that may prove relevant guidelines that must be met. Because each project inappropriate.has its own special circumstances, the Commission makes its recommendation on a case-by-case basis. Property owners are encouraged to apply the guidelines to projects not subject to review. Projects not subject to review In making its recommendation, the Commission’s overall concern would include most new construction or rehabilitation of buildings is that the integrity of individual historic structures be preserved that do not have individual local designation. If applicants and that the overall character of Denton be protected. voluntarily submit projects for review and comment by the NOTE: www.dentonedp.com/downtown_development/ incentives_local_tax_assistance.asp).The guidelines take effect only when a project is initiated by a property owner or tenant, either to alter an existing structure or How to apply. owners or tenants to initiate repairs, and there is no deadline incentives are being developed to encourage property owners 7732.www.dentonedp.com/downtown_ development/incentives_local_tax_assistance.asp). Recommended submittal documents: Note that other regulations also may affect project design including the following: understanding of the work proposed. Applicants are encouraged, • The City of Denton Zoning Ordinance • The City of Denton Signs and Advertising Devices Ordinance • The Uniform Building Code applicable)• The Americans With Disabilities Act • Elevations • Site planbuildings • Roof plan • Materials samples • Color samples • Statement of how the project meets the guidelines Review Process in two formal ways: First, the City staff will use the guidelines when advising property owners and in administrative reviews. landmarks) or when reviewing a project for comment. The document will guide the comments of staff and the recommendations of the Commission. In general, they will seek D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 4 Property Appearance Guidelines BASIC DESIGN ELEMENTS D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 5 BASIC DESIGN ELEMENTS Color - Color can be the result of the original material or an applied material such as paint. Original colors were usually The following section introduces design elements which are determined by the particular style of the building. Buildings constructed in the Victorian Period were usually painted in three building elements, while the second discusses issues related Style, were usually painted in two or three earth tone colors. Classical Revival Style buildings were usually painted white with one or two dark trim colors. The color of a building usually changed through time depending on the fashion of the period. A building constructed before the turn of the century and originally Accessory Buildings - Accessory buildings are structures secondary to the primary structure. They are usually freestanding during the 1920s. or detached from the primary structure. Compatible Use - The use of a building is the function which it Additions - Additions are attached expansions of an existing serves. A compatible use is a function which the building easily building.accommodates. Architectural details - Details are the decorative features Doors - The typical door on a historic building is constructed of that constitute the design of a wood, usually with a simple glass panel in the upper half and building. The buildings in the wood panels in the lower half. area have both functional and non-functional details. Although Entrances - The entrance of a building is usually the focal point of some buildings have more its front facade. The entrance includes the elements surrounding elaborate detailing than others, a door and usually a porch on residential structures. all exhibit some decoration. This establishes a character for the buildings and the area as well.Equipment units, electrical, telephone and cable television service, irrigation Awnings - An awning is a roof structure located over a window control boxes and valves and other similar devices. or door. From the early days of Denton to the present, awnings have been used to protect buildings and pedestrians from sun Foundations - The foundation is the base or portion of the and rain.building that rests on the ground. The earliest foundations remaining in Denton were constructed of brick. By the turn of the Building Materials - Material is the substance of which century, concrete block became the predominate material. In the building parts or components are made. Much of a building’s character is established by its materials. Materials can imply came into use. This type of construction, commonly known as the opposite. Certain materials are also associated with certain uses: commercial, residential, institutional or industrial.Handicapped Access of the handicapped to easily access the interior of the building. Canopies - Canopies are roof elements projecting from the facade of a building and are common on commercial buildings. Historic Buildings Canopies were traditionally constructed of wood. They were government. Obviously, at any given time, there will be a certain the canopy was a continuous horizontal projection from building corner to building corner broken only between buildings. to Denton. For these guidelines, all structures have historical Canopies serve to protect the building and the pedestrian from the elements, while providing a scale-giving element to the “non-historic.” facade. They are also one of the most distinctive differences between residential and commercial structures. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 7 Historic Period of Renovation wood roofs were replaced or covered with metal by 1920. In the not exactly as originally constructed but are products of the as much or more historical and architectural value as the original Setbacks - A setback is the distance from a reference point construction.that a structure is “set back” or located. The reference point is usually the property line and typically the building has a setback Returning the building to its exact original construction is rarely from all property lines. in any historical renovation is what period of the building’s Siding - This is the primary material covering the exterior walls history the renovation will use as its model. Renovation of non-of a building. historic buildings is not particularly concerned with selecting or maintaining a particular period or style.Storefronts of a building which is adjacent to the sidewalk in a pedestrian- Lighting oriented urban setting. The storefront typically includes the primary entrance to the building. and the site, including parking areas and street lighting,Spacing - Spacing is the amount of void or space between buildings. The most visible and apparent spacing is side to side. Orientation - Building orientation is the direction that the principal The spacing between the rear of the buildings is usually not facades of a building face. The primary building entrance is visible from the street and is therefore of less importance than usually on the face or principal facade of the building. The main the space between the sides. entrance is, therefore usually facing the adjacent street Signs - For the purposes of these guidelines a sign is a device Outdoor Display - Outdoor display refers to the placement of merchandise outside a commercial establishment, often on the some other information relating to the structure or the site. sidewalk. Relocation - Relocation refers to the relocation or moving of an Parking - Parking refers to the temporary storage of existing building from its original site to a new location on the automobiles.same site or a new site. Paving - Paving is the material which is used for covering Windows - The earliest buildings in Denton had wooden double driveways, walkways and parking areas. The original street hung four over four windows. “Four over four” refers to the paving was sand followed by brick or clay. Today the typical number of panes or “lights.” After the turn of the century the material is asphalt. Brick, interlocking blocks and other modular predominate type of window was the wooden double hung one paving not only provide a suitable surface for the automobile but over one. In the 1920s multi-light wooden double hung windows, they also provide a more human scale than asphalt. Asphalt and such as six over six became popular. concrete are monolithic undifferentiated surfaces that promote Metal windows came into use in the 1920s in commercial small units, such as concrete bricks and paving blocks. It is not as smooth as monolithic paving and therefore slows automobile Windows were usually arranged in a balanced logical pattern Roofs - If visible, the type and shape of a building’s roof is probably the most important element in establishing its character. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 8 General Sign Issues window displays which are aimed at eye-level usually catch The design, construction, and placement of signs should the eye of pedestrian shoppers. complement the building’s design. Most historic and many new The chairs and lamps in the commercial buildings provide appropriate locations for signs on windows of a furniture store are the primary facade. New building facades should include an a typical and highly effective window display. Sign MessagesSign Location, Size and Position Basically there are four different kinds of sign messages that people use to advertise their business: text signs; symbolic commercial signage. Overall, the most effective and attractive signs; shop activity; and window displays. Within each kind of signs are those that appear to be an integral part of the building’s message there are variations that customize the sign to match architecture. the identity of the business and the architecture of the building. In some instances, it may be appropriate to have all four kinds The best area for signs will be those places which contain of sign messages. other architectural details. For many older structures the most appropriate places for signs will be on lintel strips above storefronts or on transom panels above display windows. For newer buildings, continuous areas of stucco or masonry which are immediately above the top of the storefront offer the best possibilities. The size of these signable areas should help A classic example of a text sign. determine the size of the sign and its lettering. Most businesses incorporate text signs as part of their When signs are too large or poorly placed they may cover advertising. Text signs have letter messages which spell out up architectural details which help give a building interest what kind of business is inside. The message may be composed and character. Signs should be placed on buildings so that of single letters or letters applied to a panel. Text signs clarify the architectural details are not hidden. type of business conducted in a shop and are probably the most common type of sign message.Traditional Signable Areas There are several different types of symbolic signs which can be used to communicate business activity. A red and white striped signable areas located above pole traditionally advertises a barber shop, and three hanging balls indicate a pawn shop. Other symbols are more directly storefront, a transitional area that related to the service sold; a shoe, for example, might advertise helped differentiate the major a shoe store or repair shop. Symbolic signs, such as barber pole, activity at ground level from the may be three-dimensional and symbolic and text signs are often upper stories of a building. If combined in one sign. this primary sign location is not present or is covered with an awning, the area just below the Although traditionally not thought of as a sign, observable shop activities are sometimes the best form of communication. If It is important with both of these sign locations to work within the clearly visible, shop activity reduces the need for other signs architectural framework of the building; do not obscure columns since the goods and services are self explanatory. A line of or details with the sign. hungry people at a lunch counter beckons other hungry shoppers as effectively as more traditional signage. It is also important to remember a sign not only impacts the building, but can detract or add to the image of the entire block. Window displays are another kind of business sign. Well designed Signs that are similar in size and mounted at the same location D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 9 and height create a harmonious line of signs, thus improving Typeface readability. Window / Door Signs compatible with the building’s architectural style and the business image should be selected. Simple geometric letter shapes are In addition to the signable area of a building, windows and doors easier to read than more ornate and complex shapes. Sans serif may be available for appropriate signage. Signs may be placed letter styles are easy on the interior side of a window by painting, silk screening, or applying vinyl letters. They may also be hung or stand separately. SERIF It is important not to obscure too much display area with these signs. A door is an appropriate place for a sign which includes the business’ name, address and hours of operation. SANS SERIF Awnings to read because they have simple geometric shapes, but many Awnings are good locations for additional signage. The fringe serif typestyles are also easy to read. Serif lettering usually is a logical location for text type signs. The end and top are adds design interest to a sign; it is most compatible with historic appropriate locations for logos or graphics that need more structures, and it is appropriately used with traditional signage space.materials. Sign Effectiveness Sans serif styles are simpler and crisper than serif styles and they work well with modern materials and architecture. Script A sign serves as a nameplate for a business. Although it should be highly visible and legible, it does not need to be particularly should be limited to the creation of a special effect. the appropriate details and a proper location. Accuracy and precision in the fabrication and installation are essential. READABLE Sign Message Readability OBSCURE The most important point in designing a sign’s message is to keep it simple. Too many pieces of information will clutter the A combination of typefaces may be used to accent different sign and confuse the viewer. portions of the sign message; however, the number of different typefaces should be limited to increase readability. The best signs incorporate the fewest words possible and perhaps a picture or symbol to create a strong visual identity which is easily understood in just a glance. Avoid listing every capitalized. Although capital letters are more easily recognized product sold.than lower case letters, they tend to be confusing when read as Shape letter of each word followed by the lower case letters. The shape of the sign also affects readability. A sign which has Proportion and Balance or oval is easier to read than one which has a complex shape Proportion and balance within the sign and on the building work because the shape of the sign does not compete with the together to create a well-designed sign. The viewer needs to be able to comprehend the individual letters and geometric shapes doorways, rectangular windows, linear cornices and signable and tie the shape together into a message. When the letters are areas.too close together or too far apart, the sign message does not communicate effectively. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 10 There should also be a balance between the sign and the types and lettering. building. This creates visual harmony among the buildings along an entire block face. Color for Signs Color selection is one of the most crucial aspects of successful sign design. Because a sign should complement rather than clash with its surroundings, colors should be compatible with the exterior colors of a storefront and the entire building. The color scheme should be simple, with the selection of colors forming a family of tones. It is rarely necessary to use more than two or three colors in a sign. Combinations of primary or day-glow colors should be avoided. When signs overpower an individual building or a block face, they Light become visually disruptive and inappropriate. An oversized sign background are generally easier will dwarf a building and an undersized sign will become invisible to read than dark colors on a light background or an illuminated panel. rules regarding signs and placement of lettering; however, some Glossy backgrounds produce glare, general guidelines are helpful in a pedestrian environment:reduce legibility and should not be Dark For a window sign, six inch letters are usually effective at a six is less distracting than a glossy foot height. Flat signs are generally ten to fourteen feet above background. the sidewalk. As a general rule, the maximum height of a capital letter should be three fourths of the height of the sign background. Different colors can also represent different moods and large and most appropriate. excitement. The use of shading, outlining of borders in a sign should not decrease the sign’s legibility. Ornamentation should not obscure the message. Usually, a pedestrian reading the sign CRAMPED at eye level is the only one who can appreciate these details. Sign Materials WELL SPACED Simple sign materials should complement the textures and OVERSPACED Materials similar to those used at the time the building was Careful spacing of letters and words is also important in constructed should be used. These materials will enhance the overall composition of the building. room than san serif. To avoid a cluttered appearance, no more than 75% of the total sign-panel area should be occupied by the letters. important if the sign must weather the outdoors. The use of high Appropriateness to Business increase in material cost can extend the life of a sign by 505 or more. Quality materials will also reduce the yearly maintenance It is important that a sign project the character of the business it advertises. If a business is selling high technology products, products or materials that will increase a sign’s life expectancy. traditional businesses can be expressed through classic sign Using genuine materials such as real wood letters instead of fake D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 11 downtown core area. a sign. Sign Lighting shielded to prevent glare on the street and sidewalk, but should Well-designed lighting should attract people to the sign, the still cast light on both the sign and part of the facade. With this building, and the displays in its windows. With the exception of method of lighting, the sign is illuminated as part of the total some neon applications, the lighting system should be secondary building face. to the sign ad and should be inconspicuous on the facade. Well-designed neon signs External illumination should be provided by a continuous light can be compatible with certain source that is installed to prevent light from shining directly onto storefronts, especially those the street or adjacent properties. Flashing or moving lights are not permitted by the City sign ordinance. source; it can be used at a very low level of intensity and still be it should emit white light. Spot, track overhanging or wall lamps very visible. Neon is available in a limited number of colors so it often produce excessive glare and should be avoided.is important to use it in a manner appropriate to the building’s design and color schemes. Since a neon sign’s legibility comes discouraged. These signs are often stock designs which are from the illumination and brightness of the message alone, there incompatible with the character of commercial buildings in the is no need to use a background panel. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 12 Property Appearance Guidelines DOWNTOWN CORE AREA D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 13 DOWNTOWN CORE AREA Setbacks In the downtown core area there is usually little or no setback for the downtown core area. This area, which constitutes the from the front property line. This is also true of side setbacks, with original commercial core of Denton, includes the area bounded buildings usually toughing. The rear setbacks vary according to by Carroll Boulevard on the west, McKinney/Pearl Street on the the lot and building depth. north, Bell Avenue to the east and Sycamore Street to the south. Please refer to the map provided in the Appendix for a graphic New structures built to the front and side property lines are representation of this area.preferred. A large percentage of the structures in the core downtown area be maintained and encouraged to develop whenever possible. This area is also largely pedestrian-oriented, and should remain focused on people walking rather than the automobile. 1.SITE DESIGN GUIDELINES provide general information about vacant land or public spaces. 2.BUILDING DESIGN GUIDELINESSpacing information for new construction projects. For the most part, the facades of commercial buildings in the 3.BUILDING RENOVATION GUIDELINES are for existing core downtown core area form a wall of continuous buildings, structures.which is typical of historic downtowns. 4.SIGN DESIGN GUIDELINES include recommended sign •New Building development should continue the existing types for both new construction and renovation, as well as building spacing. Buildings which break the wall of facades or create voids or spaces are discouraged. 5.BUILDING MAINTENANCE AND REPAIR offers practical suggestions on how to protect your investment. Site Design Guidelines Orientation Most existing buildings in the downtown core area are oriented toward the adjacent or nearest street. •The primary orientation of new structures should be toward Parking the adjacent street. Parking for the downtown core area is usually located on the •Building on sites which adjoin two or more streets should street or in private lots. There are two public parking lots: acknowledge or address all adjacent streets. •New construction that is oriented toward the interior of a site or a secondary street is discouraged. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 15 To supplement on-street parking, new construction is encouraged •The installation of native canopy trees is encouraged in open to provide parking behind buildings, out of view from the street.space areas. Lighting•Freestanding planters and hanging plant containers are encouraged where permanent plant beds are impractical. Care should be taken to ensure a balance between aesthetics and functionality when exterior lighting is planned for new Outdoor Display construction or the renovation of an historic property. •Permanent merchandise displays outside of a building are •not encouraged, and may be prohibited by code. possible with the period of history when electrical lighting was originally installed.•When using the sidewalk for display, merchandise should be placed so as not to restrict pedestrian circulation. •Fixtures predating the original installation of electrical supply to the site should be avoided. Carriage lamps and gaslights Building Design Guidelines •Although security is a concern, care should be taken to not Building Materials Brick is the predominant building material in the downtown core •An average illumination level of 1.5 to 2 foot-candles is area. Native stone was also occasionally used. different light levels.•New construction should use materials similar to the predominate materials of neighboring buildings. Site Furnishings •Masonry construction is recommended in the downtown Site amenities include benches, trash receptacles, and bicycle core area. racks. •Materials which imitate other materials or appear to be •The provision of sit furnishings appropriate to the type and something they are not are discouraged. size of businesses in the downtown core area is strongly encourages.Canopies Open Space and Landscaping Due to historic precedent and functional considerations, the Open spaces in downtown Denton include areas used for incorporation of continuous pedestrian and vehicular circulation, parking, storm water canopies for all new structures detention, or simply for aesthetic enjoyment. Among other things, in the commercial area in landscaping can be used in open areas to provide shade and encouraged. enclosure, screen or frame views, direct circulation, or establish a comfortable sense of scale.•Canopies should be constructed of permanent material, such as •Where open space is available in the downtown core area sheet metal over wood, or steel frame. devoted to landscaping plantings. Color • to screen parking lots, dumpsters and service areas. For Color has one of the strongest visual effects of all the elements security reasons, screening height around parking areas discussed in these guidelines. Taste or preference in color should be relatively low.varies widely from person to person and from period to period. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 16 be given special treatment, elements such as windows, building or area over time.architectural detail and color should be consistent throughout the building. •Although careful consideration should be given to the selection of colors and their compatibility with surrounding •Completely blank facades are discouraged for any side of a buildings, more latitude can be given in the use of this design building. element to reinforce the variety and diversity of the area. Architectural Details •New development should not try to match or copy the color schemes of adjacent buildings, which could lead to an overly-•New structures should exhibit details of design which are uniform appearance.appropriate to the materials and components used. •Traditional, light or muted colors with a pastel or earth •Buildings which have little or no detailing and therefore tone hue are generally preferred. The use of very bright, present a plain blank facade are discouraged. Doors Windows and Storefronts•A building’s primary door and entrance should be located in the principal facade of the building and open to the Buildings in the sidewalk. downtown core area typically have •Primary entry doors that are at the rear of the building and storefronts consisting are not visible from the street are discouraged. of clear glass held in place with a frame and Roofs resting on a low wall. The glass storefront allows pedestrians to view the interior of the The lack of a visible roof is characteristic os buildings in the building and is often used to display goods or services offered by downtown core area. businesses occupying the building. •Generally, new structures should maintain the existing •New structures should maintain the established character by character of hidden roofs. continuing the use of glass storefronts. •The materials used to construct the storefronts, window Building Renovation Guidelines frames and door frames should be consistent throughout the building.The recommendations presented below should be used together •Storefronts constructed with materials which hide the interior appendix) when decisions are made regarding renovations to an existing building. •Vacant storefronts should not be left empty, but should be New development should not try to match or copy the color used to display building renovation plans, community events schemes of adjacent buildings, which could lead to an overly- or other similar information. The display should screen from uniform appearance. view the vacant space behind the window. Relocation •When a building has multiple storefronts, the construction should be consistent throughout.•Generally, buildings should be left in their original location. Relocation should only be considered if a building is •The side or rear facades should be constructed as the same threatened on its original site, or renovation and continued materials as the front. Although the front facade should use is prohibited by its current location. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 17 •If relocation is necessary, the new location should not Additions change the context in which the building originally existed. For example, a commercial building should not be moved to •Additions to historic and non-historic structures do not have a residential neighborhood.to exactly copy the original, but they should be compatible in design and construction. •The original building orientation with respect to the adjacent street or streets, the point of compass, or surrounding •The original structure should not be overwhelmed or buildings should be maintained whenever possible.dominated by the addition. Historic Period of Renovation• hidden or obscured. Careful research should be done to determine the various Foundations changes were made. Based on this research, the most important architectural period can be determined and considering the The typical historic commercial building existing today in the downtown core area was constructed with the continuous masonry or concrete foundation walls. “restored.” •Additions to existing buildings should maintain the original •type of foundation in the new construction. consistently used as a guide in making individual renovation decisions.Siding •The mixing of building components from different periods •The repair or replacement of wood siding should match should be avoided. buildings originally covered with wood should not be covered Compatible Use in stucco. Well-designed buildings generally have compatible uses beyond •The use of vinyl or aluminum siding is strongly discouraged their original function.because it seldom matches the original wood size and shape. •When the use of a building is changed from the original, care should be taken to select a new use which the building can the wood structure due to moisture retention. easily accommodate. •Generally, painting unpainted masonry is discouraged. The •exception is concrete block, which was historically painted. •If paint is to be removed, the gentlest means possible should Handicapped Access be used. Sand blasting and high pressure water methods are discouraged. A chemical stripper compatible with the brick •All building renovations should provide for handicapped and mortar should be used, together with a low pressure access.wash. •On all historic structures, the access should be located so •The use of stucco, wood or other siding materials on masonry that it does not detract from the original character of the buildings has no historical precedent and is discouraged. building. Windows The type, arrangement, size and construction of windows in a building in one of the most important elements contributing to its D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 18 character.Entrances •Since the window type is important in establishing and •The original design of a historic building’s entrance should determining the historic style of a building, it should not be changed from the original. • •In the case of an addition to a historic structure, the windows original location, design and materials should be used. should be of a compatible, but not necessarily identical, type. •Non-historic building entrances can be given more latitude in renovation, although the original location should be •Wooden windows should not be replaced with metal maintained. windows. Canopies •Windows should be glazed with glass matching the original as much as possible.Canopies were common on commercial structures in the •Odd or unbalanced window patterns on the facade of a downtown core area. Providing building should be avoided.shelter from the sun and rain, they invited potential customers Doors to linger under their cover and window shop. Although not as numerous or as important as windows, doors also help establish the character of a building. •The original design and construction of canopies should be maintained, and if previously replaced, they should be •If a historic door must be replaced, the new door must match returned to the original design. New canopies should not the design and construction of the original.attempt to cover more of the facade than the original. •Wooden doors should not be replaced with metal doors. •Canopies on non-historic buildings should be similar in design to their historic neighbors. •Doors should be glazed with glass matching the original as much as possible.•All canopies should be constructed of permanent materials. RoofsAwnings Although most of the commercial buildings in the downtown •The use of canvas awnings core area were constructed with roofs concealed behind parapet is encouraged whenever walls, a few remain where the roof is visible.appropriate. •If visible, the type and shape of a building’s roof should not •Awnings should serve a be changed. functional purpose, and should not be simply as an •Modern aluminum, canvas and mansard roofs are architectural ornament. discouraged on historic buildings. If previously applied, they should be replaced whenever possible.•Awnings should not be used to replace original canopies •Additions to historic buildings should match the type and on commercial structures. shape of the original roof. •On historic buildings, the awnings should be similar in design •to those used when the building was constructed. material whenever possible. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 19 Architectural Details Sign Design Guidelines Careful research of old photographs and physical evidence from buildings are the best means to determine the design and The following sign types are recommended for the downtown placement of original details.core area. They represent a variety of styles that allow for •On historical buildings, original details should be retained reduce visual clutter and become a unifying element throughout or, if missing, replaced with details matching the original the area. design. The intent is not to limit the ability to advertise a business, but •Details not original to the building should not be added. The rather to present a framework that encourages continuity and addition of inappropriate details tends to confuse the public recognizes the impact each individual sign has on the whole and diminish the authenticity of historic structures.community. Studies have shown the people refer to patronize commercial establishments which do not visually assault them •If a building had little or no architectural details originally, it with numerous signs of various sizes and heights or other gaudy should remain unadorned. The lack of details may be an visual devices. important part of the building’s history and character. Flat or Wall Signs •Although more latitude is allowable on non-historic buildings, the addition of architectural details should always be carefully These signs include any permanent sign that is attached to or considered and carried out with restraint. include individual letters that have been applied to the building Color face or signboard panel. Regardless of the type of wall sign chosen, it should adhere to these guidelines: •The colors selected for renovation of a historic building should be based on actual historic colors for the building •A wall sign should not project more than twelve inches from any building surface. samples), or according to typical colors for the historical period selected for renovation.•Signs should not obscure architectural details of the building to which they are attached. •The primary concerns when selecting colors for a non- historic building should be related to achieving a pleasing •Signs should be installed in the signable area of the building combination of colors and assuring compatibility with facade. neighboring buildings. •A wall sign cannot extend beyond the end of the wall to which Equipment it is attached. These necessities of modern life often have little or no historical and detracting element in a historic renovation, diminishing the authentic character of the building. • buildings should be located away from public view as much as possible. • from view with landscaping, fences or walls. Generally, structures as well. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 20 Projecting Signs•Recommended canopy signs are of several types: sign panels or individual letters which are attached to the vertical highly visible and can be an extremely effective method of face of a canopy; freestanding letters identifying a business. Because of their high visibility, projecting which rest on a canopy’s upper edge; signs have perhaps the greatest potential to enhance or detract or panels which are suspended from from the character of the downtown core area. the underside of a canopy. •Projecting Signs which symbolize the service offered and Moveable Signboards are scaled for pedestrians are encouraged in the downtown core area. •If an when allowed, sign boards should not block pedestrian circulation routes or other signage. •Decorative brackets may be used, but they should complement, not •These signs should be professionally constructed and overwhelm their signs. •The lines of the brackets should Memorial Signs harmonize with the shape of the •Memorial or date of construction signs are encouraged and supporting the sign).should be designed and located to be compatible with the building’s architecture. Window / Door signs Painted Signs on a Building Surface Any sign that is painted, gold-leafed or attached on the glass area of a door or window is included in this category. A permanent sign The renovation of historic advertising painted directly on building surfaces is encouraged, along with creation of large-scale murals as a form of public art. • All wall signs and murals should be professionally applied or for a window or storefront.restored. •Painted or gold-leaf signs which are professionally Inappropriate Signs Inappropriate signs encompass a category of signs that are appearance.deemed inconsistent with the image being developed for the downtown core area. Directory Signs A directory sign is one that lists the name and location of etc.) are considered incompatible with the style and character occupants on a multi-tenant building.these guidelines seek to achieve. •Directory signs should not cover architectural features, or Free - Standing Signs With a few notable historic exceptions, signs on poles or signs •supported by structures other than the buildings are discouraged engraved, painted or vinyl lettering applied to a permanent in the downtown core area. material. Roof Signs Canopy Signs Signs that are erected entirely upon or over the roof of a building •Canopy signs are encouraged in the downtown core area.and are supported solely on the roof structure are prohibited. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 21 Internally Illuminated SignsMaintenance of Upper Story Windows These plastic faced signs with an internal light source are strongly •Wash upper story windows. discouraged. •Clean debris from upper story windows. Banner Signs •Repair shades or curtains in upper story windows or replace Permanent banners hung from any structure are prohibited. with new. Temporary banners are acceptable for the time permitted only. •Re-glaze loose glass. This will reduce air leaks. Billboards and Off-Premise Signs •Install weather-stripping. This will enhance energy Billboards or signs located on premises other than those of the business they identify are prohibited. •Replace broken glass. Remember to duplicate original Portable Signs pattern. Portable or trailer signs are prohibited.Maintenance of Storefronts Trademark Signs•Wash display windows. These signs show registered trademarks and advertise products •Repair damaged kickplates. such as Pepsi or NAPA. • •Trademark signs which do not represent the principal products sold or services conducted on the premises are •Install weather-stripping around doors. discouraged. •Repoint mortar where necessary. Use the proper procedure Obsolete Signs fore pointing, matching the color, texture and detailing of the Obsolete signs which advertise or relate to a business no longer through the National Park Service’s Preservation Brief on the premises are prohibited.Series). Maintenance of Roofs Building Maintenance and Repair Guidelines •Clean debris from gutters and downspouts to prevent the Use these regularly scheduled maintenance procedures to backing up of water. preserve historic building materials: •Patch leaks in the roof. This should be a high priority for Maintenance of Streets and Sidewalks building maintenance. •Clean debris from sidewalks, especially where site drainage • may be affected. •Repoint eroded mortar in the parapet wall, using an •Clean garbage around dumpsters.appropriate mortar mix. •Property owners are responsible for keeping the sidewalk •Re-soder downspout connections to prevent water from clean.leaking into walls. •If possible, connect downspouts to underground sewers. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 22 Do not allow for water to disperse at the foundation of the Energy Conservation building. This water may cause damage to the foundation. It is not necessary to remove existing glass to install thermopane Maintenance of Awnings and canopies to realize energy savings. Generally, the problem is that older glass has dried and the glazing compound around it has shrunk, •Repair leaking downspouts from metal canopies.which allows air to leak around the glass. •Replace worn fabric awnings. oil before glazing if wood is dry) and add weather-stripping. For •Re-secure loose awning hardwareupstairs windows you may consider installing storm windows to achieve the effect of thermal glazing. Be certain that the •Wash fabric awnings regularly. This will help extend the life frame styles of the storm windows match those of the original windows. dirt particles, then rinse them off. Other energy conservation tips include: Maintenance of Signs •Reglaze all loose glass. •Re-secure sign mounts to the building front.•Weather-strip door and windows. • •Repaint faded graphics.•Install insulation in the attic. •Consider installing insulation in the crawl space or •Repair worn wiring.basement. •Existing windows, if properly caulked and weather-stripped, •Replace burned out bulbs. • •Remove obsolete signs.in the existing window. •If a greater degree of insulation is desired, install a storm •Preserve historic painted signs in place as decorative window. This will provide a greater air space, which will also features.reduce sound transmission. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 23 Property Appearance Guidelines APPENDIX D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 25 Preservation: Sustaining the existing form, integrity, and material of a building or structure. It may include initial stabilization work as well as ongo- ing maintenance of the historic building materials. Adaptive Re-Use: The process of converting a building to a use other than that for which the building was originally designed. Protection: Defending or guarding a property from deterioration, loss or attack or to cover or shield the property from danger or injury. In the case of buildings and structures, such as treatment is of a temporary nature and anticipates future historic preservation treatment. Stabilization: Reestablishing the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at the present. Renovation: Quick and easy solutions to updating a building. Most “preservation” projects are actually renovations. When a building is renovat- in the event future owners wish to restore the building to its original design. Rehabilitation: The next level of preservation. Most “tax act” are projects are rehabilitations. Rehabilitation is the process of returning a property to a state which makes a contemporary use possible, while still preserving those portions or features of the property which are sig- or minor additions may also occur. Restoration: Restoration reproduces the appearance of a building exactly as it looked at a particular moment in time; to reproduce a pure style, either interior or exterior. This process may include a removal of later work or the replacement of missing historic features. Use a - Reconstruction: Reconstruction is the process of reproducing by new construction of the exact form and detail of a vanished building, structure or D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 27 Cornice: A projected ornamental molding along the top of a building crowning it. Dormer: a window set upright in a sloping roof; the roofed projection in which this window is set. Elevation: A “head-on” drawing of a building facade or object, without any allowance for perspective. An elevation drawing building. Facade: A face of a building, usually the front. Fascia: A horizontal band of vertical face trim. Freestanding Sign: A detached sign which is supported by one or more columns, uprights or braces extended from the ground or from an object on the ground, or a detached sign which is erected on the ground. Gable: The triangular wall enclosed by the sloping ends of a ridged roof. Hood Molding: A projecting molding around the top of a doorway or window to throw off the rain. Indirect Lighting Internal Illumination: A light from a source concealed or contained within the sign, and which becomes visible through a Base: The lowest part of a building; the lowest part of a translucent surface. column. Kickplate: A solid panel beneath a storefront display window. Balustrade: A railing or low wall consisting of a handrail on Landmark as having special status and protection. Cap: The top member of a column or pilaster. Lattice: An openwork screen or grill made of interlocking or Clerestory: an upper zone of wall pierced with windows that overlapping strips. admit light into a large room. Lintel: A horizontal beam spanning an opening. Context: The surrounding environment of a building or site, including other structures, site features, landscape and streets.Luminaire: A lighting unit; the housing for a light bulb, used for exterior lighting. Coping: A capping to a wall or parapet. Molding: A shaped strip of wood, metal, brick, etc. Usually Corbel: A bracket of stone, wood or metal projecting from the mounted horizontally, and used as ornament on a surface of a side of a wall and serving to support a cornice, the spring of an structure. arch, a balustrade or other element. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 28 Motif: An element in a composition, a principal repeated element Sill: The horizontal bottom member of a window or door frame. in design. Stabilize: To make resistant to change in condition. A building is Monument Sign: a fee-standing sign, generally low to the usually stabilized to retard deterioration until it can be repaired. ground with a continuous connection to the ground, as opposed A weather-resistant closure, and a safe structural system are to being supported on a pole.minimum stabilization efforts. Parapet: Either the edge of the roof or the top of a wall which String Course: A thin projected horizontal strip of masonry on forms the top line of the building silhouette.the facade of a building. Portico: A porch or covered walk consisting of a roof supported Terra Cotta: A ceramic material molded decoratively and often by columns; a colonnaded porch.glazed, used as a facing for buildings or as an inset ornament. Preserve: To keep in perfect or unaltered condition. Transom: A horizontal cross bar in a window, over a door or Preservation usually included the overall form of the building, between a door and window above it. Also refers to a window above a door or other window built and often hinged to a transom. that preservation of a structure may include keeping alterations and additions that have become important. Reconstruct: To create again. A building, room or detail may be reproduced in its exact detail and appearance as it once existed. design. One approach to construction includes using the same construction methods as were used originally., whereas a second approach allows the use of substitute methods and materials, so long as they achieve the same visual effect as the original. Rehabilitate: To return to useful life. Rehabilitation is the process of returning a property to a state of utility, through repair use while preserving those portions and features of the property values. Remodel: To remake; to make over. In a remodeling, the appearance is changed by removing original detail and altering spaces. New materials and forms are installed. Applying a “modern” front to an older building is an example of remodeling. Often, these changes are not reversible. Restore: To bring back to previous condition. In a restoration an earlier appearance of the building is recreated, both in form and detail. Original elements that have been covered are exposed, and missing pieces replaced with new ones the match the original. Shaft: The main portion of a column, between the base and the capital. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 29 Designation NumberDesignation DateAddress of Designated Property 9/02/80123 North Elm Street 1/07/81607 Pearl 1/07/81609 West Oak Street 1/07/81722 West Oak Street 1/07/81705 West Oak Street 1/07/81811 West Oak Street 1/07/81723 West Oak Street 1/07/81812 West Oak Street 1/07/811003 West Oak Street 1/07/811023 West Oak Street 1/07/811015 West Oak Street 2/17/81610 West Oak Street 2/17/811819 North Bell Avenue 2/17/81818 West Oak Street 819 West Oak Street 6/16/81119 West hickory Street 2/23/82 2/23/82Oakwood Cemetery 2/23/82 9/07/82221 North Elm Street 9/21/82 8/02/83703 Bolivar 619 Grove 11/15/83 11/15/83 1/15/85217 East Oak Street 6/10/86805 Bolivar 5/06/87 9/20/88 91-0018/20/91305 Mounts Street 92-0023/02/93915 West Oak Street 93-0016/15/93120 West Oak Street 93-00211/16/93 1035 West Oak Street 1018 West Oak Street 95-00112/19/95 99-3139/07/99 9/07/99610 Oakland Street 99-3159/07/99 99-3169/07/99520 North Austin D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 30 7.Chemical or physical treatments, such as sandblasting, that cause damage to historic materials should not be used. The surface cleaning of structures, if appropriate, shall be These design guidelines are based upon the Secretary of the undertaken using the gentlest means possible. Interior’s Standards for Rehabilitation. The intended result of establishing standards is to advance the longterm preservation 8. of historic resources through the preservation of their materials, shall be protected and preserved. If such resources must features and characteristics. They apply beyond historic buildings be disturbed, mitigation measures shall be undertaken. to include historic landscapes, sites and environments. 9.New additions, exterior alterations, or related new construction The standards should be referred to by the property owner shall not destroy historic materials that characterize the and developer during the drafting of the rehabilitation plans. If property. The new work shall be differentiated from the old a property owner wishes to take advantage of the federal tax and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the provide details on eligibility for the federal tax credits.property and its environment. 10.New additions and adjacent or related new construction projects in a reasonable manner, taking into consideration shall be undertaken in such a manner that if removed in the economic and technical feasibility.future, the essential form and integrity of the historic property and its environment would be unimpaired. 1.A property shall be used for its historic purpose or be placed characteristics of the building and its site and environment. 2.The historic character of a property shall be retained and preserved. The removal of historic materials or alteration features and spaces that characterize a property shall be avoided. 3.Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. Most properties change over time; those changes that have retained and preserved. 5. or examples of craftsmanship that characterize a historic property shall be preserved. 6.Deteriorated historic features shall be repaired rather than replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual The Secretary of Interior’s Standards for Rehabilitation helped guide the missing features shall be substantiated by documentary, transformation of 525 S. Locust. See the 1925 photo on top, how the building looked in 2000, and how the building looks today after extensive physical, or pictorial evidence. renovations. D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 31 D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 32 Contact Information CITY OF DENTON 215 E. MCKINNEY DENTON, TX 76201 jjulie.glover@cityofdentonj.com D OWNTOWN P ROPERTY A PPEARANCE G UIDELINES 33 Cover: Caparoon Photography Page 8: Caparoon Photography Page 12: Shannon Drawe Photography Page 15: Shannon Drawe Photography Page 23: Caparoon Photography For more information on the City of Dentons historic preservation programs and initiatives, contact: City of Denton Downtown Development 215 E. McKinney St. Denton, TX 76201 (940)349-7732 Minutes Historic Landmark Commission November 13, 2017 The Historic Landmark Commission of the City of Denton, Texas convened in Work Session on Monday, November 13, 2017 at 5:30 p.m. in the City Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which time the following items were considered: PRESENT: Chair Peggy Riddle Commissioners: Kenneth Williamson, John Morris, Alyssa Stevenson, and Roy Anderson. ABSENT: Vice-Chair Deb Conte. Commissioners: Helen Bailey, Scott Campbell, and Daniel Abasolo. STAFF: Richard Cannone, Scott McDonald, Ron Menguita, Roman McAllen, Trey Lansford, and Athenia Green. WORK SESSION 1. Receive a report and hold a discussion regarding Conflicts of Interest, the Texas Open Meetings Act, and meeting procedures pertaining to serving on a commission. (Victor Flores, Deputy City Attorney) The Work Session Item was postponed to a future date, in order to allow more Commissioners to be present. Following the completion of the Work Session, the Historic Landmark Commission convened in a Regular Meeting of the Historic Landmark Commission in the City Council Work Session Room, 215 E. McKinney at which time the following items were considered: REGULAR MEETING Chair Riddle called the Regular Meeting to order at 5:31 p.m. 1. PLEDGE OF ALLEGIANCE: A. U.S. Flag B. Texas Flag 2. CONSIDER APPROVAL OF THE HISTORIC LANDMARK COMMISSION MINUTES FOR: A. October 9, 2017 Commissioner Alyssa Stevenson motioned, Commissioner Kenneth Williamson seconded to approve the meeting minutes. Motion approved (5-0). Kenneth Williamson John Morris, Commissioner Alyssa Stevenson, and Commissioner Roy Anderson 3. ACTION ITEMS: A. Hold a public meeting and consider an application for a Certificate of Appropriateness, in accordance with Section 35.219.d., to have a mural painted on the building located at 122 North Locust and to change a door on the front of the same building. The site is generally located on the southeast corner of East Oak and North Locust. (COA17-0010, 122 North Locust, Roman McAllen) Roman McAllen, Historic Preservation Officer, provided a brief presentation regarding the item. He stated the applicant will provide a full presentation. Chair Riddle opened the Public Hearing. Eric Pulido, 1209 Piping Rock Lane, Denton, Texas, provided a presentation regarding the request and history of the property. The scope of work includes the following: 2,200 square foot mural, solid wood paneled doors to replace existing doors, repairing wood veneer paneling at building front, awning replacement, paint façade and window trim to match the mural. The mural theme is resides local, but has done work over the last 10 years from this area, up to Canada. Commissioner Anderson questioned how long the mural would last before needing repainted. Pulido stated he is not sure of an exact time, however, they are utilizing higher retention paint and a clear cote to help preserve the painting. Dan Black, 703 Gober Street, Denton, Texas, stated the paint is labeled with a lifetime warranty, it should last approximately 10-15 years. Commissioner Williamson questioned how long the painting process will take. Black stated approximately three weeks. He stated they are considering blocking off the neighboring parking spaces for safety purposes. Chair Riddle questioned if the property owner is in favor of this proposal. Pulido confirmed. He stated they are also present. There was no further discussion. Chair Riddle closed the Public Hearing. Commissioner Alyssa Stevenson motioned, Commissioner John Morris seconded to approve this request. Motion approved (5-0). Kenneth Williamson, John Morris, Commissioner Alyssa Stevenson, and Commissioner Roy Anderson 2 4. ITEMS FOR INDIVIDUAL CONSIDERATION: A. Receive a report, hold a discussion and select a Historic Property of the Month. Roman McAllen, Historic Preservation Officer, provided the three properties nominated for the month. He stated Property B, 1428 N. Locust, is not currently located within a historic district, he was glad to see them accept the nomination. Chair Riddle stated she would recommended Property B since it is not currently within a historic district. This sets a great example to encourage homeowners to have their houses landmarked. Commissioner Alyssa Stevenson motioned, Commissioner Kenneth Williamson seconded to vote for Property B, 1428 N. Locust. Motion approved (5-0). Kenneth Williamson John Morris, Commissioner Alyssa Stevenson, and Commissioner Roy Anderson 5. HISTORIC LANDMARK COMMISSION PROJECT MATRIX A. Historic Landmark Commission project matrix. Roman McAllen, Historic Preservation Officer, provided a brief update regarding the items that were added or removed from the project matrix. Chair Riddle adjourned the Regular Meeting at 6:12 p.m. 3 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: October 8, 2018 SUBJECT Receive a report, hold a discussion, and give staff direction regarding an amendment to a Certificate of Appropriateness to allow for the continuance of an existing mural around to the front side of the building located at 122 North Locust. (Roman McAllen) BACKGROUND The applicant is seeking to amend COA17-0010 to allow a mural to continue to the front of the building located at 122 North Locust Street. A COA is required because the building is a locally designated landmark, per Section 35.219.d. DISCUSSION: 1. Property Appearance Guidelines were adopted in 1997 by the City of Denton to be used for the approval of renovations and new construction in our downtown core area. 2. The Downtown Core Area, Sign Design Guidelines Section, of the Appearance Guidelines contains a portion specific to Painted Signs on a Building Surface. The Section states: The renovation of historic advertising painted directly on building surfaces is encouraged, along with creation of large-scale murals as a form of public art. All wall signs and murals should be professionally applied or restored. OPTIONS: 1. Approval as submitted 2. Approval subject to conditions 3. Deny 4. Continue the item EXHIBITS 1. Agenda Information Sheet 2. Agenda Information Sheet from Original November 13, 2017 Meeting 3. Rendering of the proposed work 4. Image of Building Today Prepared By: Reviewed By: Roman McAllen, Assoc. AIA, AICP, CNU-A Richard Cannone, AICP Historic Preservation Officer Deputy Director/ Planning Director Development Services 1 Historic Landmark Commission 2 Meeting Minutes 3 October 8, 2018 4 5 After determining that a quorum was present, the Historic Landmark Commission of the City of 6 Denton, Texas convened in a Regular Meeting on Monday, October 8, 2018 at 5:30 p.m. in the 7 Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas, at which the 8 following items were considered: 9 10 PRESENT: Chair Alyssa Stevenson. Commissioners: Helen Bailey, John Morris, Mary 11 Anderson, Roy Anderson and Kenneth Williamson, Angie Stripling. 12 13 ABSENT: Commissioners: Erin Clegg and Katy McBride. 14 15 STAFF:Roman McAllen, Jerry Drake, Cathy Welborn and Ron Menguita. 16 17 Regular Meeting 18 19 Chair Stevenson called the Regular Meeting to order at 5:35 p.m. 20 21 1.PLEDGE OF ALLEGIANCE 22 A.U.S. Flag B. Texas Flag 23 24 2.ITEMS FOR CONSIDERATION 25 26 A.Consider and appoint a member for the Historic Landmark Commission Vice-Chair 27 position. 28 29 Chair Stevenson nominated Commissioner Bailey for Vice- Chair. Commissioner Baily accepted 30 the nomination. 31 32 Commissioner Mary Anderson questioned how Historic Landmark Commission members are 33 chosen. Ron Menguita, Principal Planner, requested that the Commissioners to introduce 34 themselves. The commissioners introduced themselves. 35 36 Chair Alyssa Stevenson motioned, Commissioner John Morris seconded to approve the 37 nomination of Commissioner Helen Baily for Vice-Chair. Motion approved (7-0). Commissioner 38 Helen Bailey, “aye”, Commissioner John Morris, “aye”, Commissioner Mary Anderson, “aye”, 39 Commissioner Angie Stripling, “aye”, Chair Alyssa Stevenson, “aye”, Commissioner Kenneth 40 Williamson “aye”, Commissioner Roy Anderson “aye”. 41 42 B.Consider approval of the Historic Landmark Commission meeting minutes. 43 44 Chair Stevenson stated the approval of the September 10, 2018 Historic Landmark Commission 45 meeting minutes will have to be postponed to the next meeting due to the absence of a quorum 46 composed of Commissioners who were present at that meeting. 1 1 2 Commissioner Alyssa Stevenson motioned, Commissioner Roy Anderson seconded to postpone 3 the September 10, 2018 meeting minutes. Commissioner Helen Bailey, “aye”, Commissioner John 4 Morris, “aye”, Commissioner Mary Anderson, “aye”, Commissioner Angie Stripling, “aye”, Chair 5 Alyssa Stevenson, “aye”, Commissioner Kenneth Williamson “aye”, Commissioner Roy 6 Anderson “aye”. 7 8 C.Receive a report, hold a discussion, and give staff direction regarding an amendment to 9 a Certificate of Appropriateness to allow for the continuance of an existing mural around 10 to the front side of the building located at 122 North Locust. 11 12 Roman McAllen, Historic Preservation Officer, presented Item for Individual Consideration 2C. 13 McAllen stated the applicant is seeking to amend COA17-0010 to allow for painting a continuation 14 of the existing mural to the front and south side of the building located at 122 North Locust Street. 15 McAllen explained that in fact the mural was painted over the weekend, because the applicant had 16 access to large expensive piece of equipment that could be used to complete the work onsite, which 17 he had been using to do maintenance painting on the Texas Building. 18 19 McAllen stated the first Certificate of Appropriateness (COA) was approved by the Historic 20 Landmark Commission on November 13, 2017. 21 22 Commissioner Williamson questioned if the mural extends to the front of the building or if it is 23 still blank. McAllen stated the mural was extended over the past weekend to the front and south 24 side. 25 26 Commissioner Stripling asked if there is a difference with respect to code between paint on a 27 building and a mural. McAllen explained that at this time there is not and he stated that he feels 28 from a preservation point of view this is just paint. Further that we will have an opportunity to 29 address this in the upcoming public input portion of the final code revisions. 30 31 Commissioner Bailey questioned what authority the Historic Landmark Commissioner has since 32 the ordinance for the square has not been passed. McAllen stated that this particular building is a 33 designated local landmark, therefore the Historic Landmark Commission has purview. 34 35 The following individual spoke on this item: 36 Eric Pulido, 1209 Piping Rock Lane, Denton, Texas 76201. Supports the request. 37 38 Eric Pulido, the applicant, presented a slide show regarding the building history and project. He 39 stated that there were cracks filled when the large mural was painted and that the objective was to 40 enhance Denton’s unique sense of place. He presented other murals on historic buildings in 41 Denton and Pulido reminded the commission that the artist is Dan Black who has done other 42 significant work in Denton. He explained the mural’s theme and indicated that the objective of 43 the COA amendment is to complete the piece. 44 45 Commissioner Morris expressed that he feels if Mr. Pulido had brought the amendment to the HLC 46 prior to painting it, it would have been approved. 47 2 1 Commissioner Bailey asked Pulido if the amendment to COA17-0010 is not approved, would he 2 be able to find the resources to put the front of the building back to the way it was. Pulido stated 3 yes he would be able to find the resources. 4 5 Commissioner Williamson asked why the original COA did not call for painting the entire mural. 6 Pulido explained that after painting it on the one side, he and the muralist realized that painting the 7 rest would finish the vision and the piece as a true art piece. 8 9 Attorney Drake asked McAllen to clarify what the standard is that should be applied in this 10 situation. Mr. McAllen explained the City of Denton does not have a law requiring the application 11 of The Standards in our Nationally Registered District, but the City has Property Appearance 12 Guidelines, that have been used for review. 13 14 Chair Stevenson closed Item of Consideration 2C. 15 16 Commissioner Bailey stated that there are no murals on the front facing facades on the square, 17 though they are found on the sides of buildings and they do bring life to the areas. 18 19 Commissioner Stripling stated she agrees with Commissioner Bailey and when the Commission 20 looks at restoring they should look at restoring as close to original facades to minimize distraction 21 and to allow the buildings to keep their historic character. The commissioner also expressed 22 concern for the work being done before a COA was approved. 23 24 Commissioner Mary Anderson agreed with Commissioner Bailey and Commissioner Stripling that 25 the sides are okay, but not the front 26 27 Commissioner Williamson stated he agrees with the other Commissioner’s and the mural on the 28 front façade does not seem appropriate. 29 30 Chair Stevenson stated she appreciates the continuation of the mural and that paint does not change 31 a structure. Further, wrapping the mural around the building makes it an art piece; she feels the 32 changes are not permanent and therefore are fine. 33 34 Commissioner Anderson stated that he feels the owner should be able to paint it in this way, since 35 the building is already painted and that he would feel differently if it were unpainted brick, which 36 it is not. 37 38 Commissioner Morris asked for clarification regarding whether there is a regulation stating 39 specifically that you cannot paint a mural on a building. Chair Stevenson stated that the property 40 appearance guidelines state that the painting of murals is encouraged as a form of public art. 41 42 Ron Menguita, Principal Planner, stated the City of Denton Guidelines are used to guide 43 development. There was discussion of the difference between advertising and murals. 44 3 1 McAllen reviewed the criteria for denial specified in the ordinance. Commissioner Bailey 2 expressed that her opinion is that a mural on the front façade of this building does adversely affect 3 the external features of the landmark. 4 5 Commissioner Stripling motioned, Commissioner Williamson seconded, to deny item 2C, the 6 amendment to the COA. Commissioner Baily offered a friendly amendment, Commissioner 7 Morris seconded, that the denial only apply to the west face. Motion to amend approved (5-2). 8 Commissioner Helen Bailey, “aye”, Commissioner John Morris, “aye”, Commissioner Mary 9 Anderson, “aye”, Commissioner Angie Stripling, “nay”, Chair Alyssa Stevenson, “aye”, 10 Commissioner Kenneth Williamson “nay”, Commissioner Roy Anderson “aye”. 11 12 There was discussion of side facing murals, such as the ones on Evers. Commissioner Stripling’s 13 motion was then approved (7-0). Commissioner Helen Bailey, “aye”, Commissioner John Morris, 14“aye”, Commissioner Mary Anderson, “aye”, Commissioner Angie Stripling, “aye”, Chair Alyssa 15 Stevenson, “aye”, Commissioner Kenneth Williamson “aye”, Commissioner Roy Anderson “aye”. 16 17 Commissioner Bailey then motioned, Commissioner Morris seconded, to approve a COA 18 amendment to allow for the mural on the south face of the building. Motion approved (4-3). 19 Commissioner Helen Bailey, “aye”, Commissioner John Morris, “aye”, Commissioner Mary 20 Anderson, “aye”, Commissioner Angie Stripling, “nay”, Chair Alyssa Stevenson, “aye”, 21 Commissioner Kenneth Williamson “nay”, Commissioner Roy Anderson “aye”. 22 23 D.Receive a report, hold a discussion, and give staff direction regarding the update to the 24 Historic Preservation Plan and hear a presentation from the Lakota Group. 25 26 Nick Kalogeresis and Siraj Asfahani with the Lakota Group, provided an introductory presentation 27 and how they go about updating Historic Preservation Plans. 28 29 Commissioner Bailey asked what sort of data Lakota will be collecting. Kalogeresis stated they 30 will be looking at everything that has been done before: all the survey work, NR nominations, 31 local nominations, and all community plans that are relevant, including comprehensive plans and 32 economic development programs along with GIS data that will help do the analysis. Further, that 33 stakeholder interviews will be done in December. 34 35 E.Receive a report, hold a discussion and select a Historic Property of the Month. 36 37 Roman McAllen, Historic Preservation Officer, requested the Historic Landmark Commission to 38 select a Historic Property of the month. The commission voted for 1003 West Oak Street for 39 Historic Property of the month. 40 41 F.Historic Landmark Commission project matrix. 42 43 Commissioner Mary Anderson requested clarification on what abilities the Historic Landmark 44 Commission has for enforcing penalties for violators. Roman McAllen, Historic Preservation 45 Officer stated he would add the item to the matrix. 46 4 1 3.CONCLUDING ITEMS 2 3 Roman McAllen, Historic Preservation Officer, presented an award of merit from the Texas 4 Historical Commission to Commissioner John Morris. 5 6 Chair Stevenson closed the Historic Landmark Commission meeting at 7:47 p.m. 7 5 4® 7§®¬ )³ - ¸ #®¢¤±Ȁ ) ¬ ¶±¨³¨¦ ¨ ±¤¦ ±£² ³® ¯¯¤ « ¥®± £¤¨¤£ #/! !¬¤£¬¤³ Ȩ#/!ΐΖȃ ΏΏΐΏȩ ¯¤±³ ¨¨¦ ³® ³§¤ ¢®¬¯«¤³¨® ®¥ ³§¤ ¯±¤µ¨®´²«¸ ¯¯±®µ¤£ « ±¦¤ȃ²¢ «¤ ¬´± « ® ³§¤ ¡´¨«£¨¦ «®¢ ³¤£ ³ ΐΑΑ .ȁ ,®¢´²³ Ȩ ¯¯±®µ¤£ ¡¸ (,# ® ΐΐȝΐΒȝΐΖȩȁ 4§¤ ®±¨¦¨ « #/! ¢ ««¤£ ¥®± ¯ ¨³ ³® ¡¤ ¯¯«¨¤£ ³® ³§¤ .®±³§Ǿ % ²³ £ 7¤²³ ¥ ¢¨¦ ¥ ¢ £¤² ¶¨³§ ³§¤ ¬´± « ¡¤¨¦ ¥¤ ³´±¤£ ® ³§¤ .®±³§ £ % ²³ ¥ ¢ £¤²ȁ 4§¤ ¬¤£¬¤³ ¯±®¯®²¤£ ¢®¬¯«¤³¨® ®¥ ³§¤ ¬´± « ³® ¤·³¤£ ±®´£ ³§¤ ±¤¬ ¨£¤± ®¥ ³§¤ ¡´¨«£¨¦Ǿ ³§´² ¢±¤ ³¨¦ ¢®²¨²³¤¢¸ ¶§¨«¤ ³¸¨¦ ¨ ³§¤ ®±¨¦¨ « µ¨²¨® ®¥ ³§¤ ±³¨²³ £ ¡´¨«£¨¦ ®¶¤±ȁ 7¨³§ ¤¶ (,# ¬¤¬¡¤±² £ ±¤ȃ¤¦ ¦¤¬¤³ ® ³§¤ ³®¯¨¢Ǿ µ®³¤ ¶ ² ¯ ²²¤£ ³® ¯¯±®µ¤ ³§¤ 3®´³§ ¥ ¢¨¦ ¥ ¢ £¤ ±³ ¶§¨«¤ £¤¸¨¦ ³§¤ 7¤²³ ±³ȁ ) ££¨³¨® ³® £¨²¢±¤¯ ¢¨¤² ¶¨³§ ³§¨² £¤¢¨²¨® £ ¢¨³¸ ¦´¨£¤«¨¤²Ǿ ¤·¢«´£¨¦ ³§¤ ¶®´«£ ®³ ®«¸ ¢®¬¯±®¬¨²¤ ³§¤ ΒΕΏ £¤¦±¤¤ ¢®§¤²¨µ¤¤²² ®¥ ³§¤ ¥´«« ¡´¨«£¨¦ ±³ ¯¨¤¢¤Ǿ ¡´³ ¨³ ¯« ¢¤² ´¤°´ « µ «´¤ ® ®¤ ²¨£¤ ®¥ ³§¤ ¡´¨«£¨¦ ®µ¤± ³§¤ ®³§¤±² ¶§¤ «« ²¨£¤² ±¤ ¤¨³§¤± ¯ ±³¨ ««¸ ®± ¢®¬¯«¤³¤«¸ ¨ ³§¤ ¯´¡«¨¢ µ¨¤¶ ¨ £ ±®´£ £®¶³®¶ £ ²§®´«£ ¡¤ §¤«£ ³® ³§¤ ² ¬¤ ²³ £ ±£²ȁ 4§¤ ±¤ ²® ¥®± ³§¤ £¤¢¨²¨® ¡¸ (,# ¶ ² ¡ ²¤£ ® ¢¨³¸ ¢®£¤ ²¤¢³¨® ΒΔȁΖȁΕȁΗȁ%ȁΐ lj Α ²³ ³¨¦ £¤¨ « ¨² ²´¯¯®±³¤£ ¨¥ ³§¤ ¶®±ª ¶®´«£ § µ¤ £µ¤±²¤ ¤¥¥¤¢³ ®Ȁ ΐȩ ³§¤ ¤·³¤± « ±¢§¨³¤¢³´± « ¥¤ ³´±¤² ®¥ ³§¤ « £¬ ±ªǿ £ Αȩ ³§¤ ¤·³¤± « ±¢§¨³¤¢³´± « ¥¤ ³´±¤² ®¥ ³§¤ ¯±®¯¤±³¨¤² ¨ ³§¤ ¡«®¢ª ®± §¨²³®±¨¢ £¨²³±¨¢³ ² ¶§®«¤ 4§¤ ¶®±ª ¨ °´¤²³¨®Ǿ ¡®³§ ¯±¤µ¨®´²«¸ ¯¯±®µ¤£ Ȩ´ ¨¬®´²«¸ȩ £ ¯±®¯®²¤£Ǿ £®¤² ®³ ¢®¬¯±®¬¨²¤ ®± ¥¥¤¢³ ³§¤ ±¢§¨³¤¢³´± « ¥¤ ³´±¤²Ǿ ² ³§¤ ²³±´¢³´±¤ ¨³²¤«¥ ¶ ² ®³ «³¤±¤£ȁ )¥ ¸³§¨¦Ǿ ³§¤ ££¨³¨® ®¥ §¨¦§ȃ¦± £¤ ¯ ¨³ ¶®´«£ ²¤±µ¤ ² ¯±®³¤¢³¨® ³® ³§¤ ±¢§¨³¤¢³´± « ¥¤ ³´±¤² ³§¤±¤¨ȁ &´±³§¤±¬®±¤Ǿ ³§¤ ££¨³¨® ®¥ ²´¢§ ¶®±ª ¨² ¢³´ ««¸ ¤¢®´± ¦¤£ ¡¸ ³§¤ ¯±®¯¤±³¸ ¯¯¤ ± ¢¤ ¦´¨£¤«¨¤² ² ²³ ³¤£Ȁ ȃ 4§¤ ±¤®µ ³¨® ®¥ §¨²³®±¨¢ £µ¤±³¨²¨¦ ¯ ¨³¤£ £¨±¤¢³«¸ ® ³§¤ ¡´¨«£¨¦ ²´±¥ ¢¤² ¨² ¤¢®´± ¦¤£Ǿ «®¦ ¶¨³§ ³§¤ ¢±¤ ³¨® ®¥ « ±¦¤ȃ²¢ «¤ ¬´± «² ² ¥®±¬ ®¥ ¯´¡«¨¢ ±³ȁ ȃ !«« ¶ «« ²¨¦² £ ¬´± «² ²§®´«£ ¡¤ ¯±®¥¤²²¨® ««¸ ¯¯«¨¤£ ®± ±¤²³®±¤£ȁ " ²¤£ ® ³§¤²¤ ¤«¤¬¤³²Ǿ ²³ ¥¥ § ² ¤¢®´± ¦¤£ ¯¯±®µ « £ £¨²¢´²²¨® ±¤²¯¤¢³¨µ¤«¸ ® ³§¨² « ±¦¤ȃ²¢ «¤ ¬´± « ¯±®©¤¢³ȁ £§¤±¤² ³® ³§¤ ¢®£¨³¨®² ³§ ³ ¯¯«¸ ³® £¤²¨¦ ³¤£ ²³±´¢³´±¤ ¨ ³§¤ £®¶³®¶ ±¤ ȁ ) ±¤²¯¤¢³ ³§¤ (¨²³®±¨¢ , £¬ ±ª #®¬¬¨²²¨®Ǿ ² ) ¬¸²¤«¥ ²¤±µ¤£ ¥®± ®µ¤± Ε ¸¤ ±² ® ³§¨² £µ¨²®±¸ ¡® ±£Ǿ ¡´³ ¥¤¤« ³§ ³ ³§¤ £¤¢¨²¨® £®¤² ®³ ±¤¥«¤¢³ ³§ ³ ®¥ ¶§¨¢§ ³§¤ ¢¨³¸ ¢®£¤ ²´¯¯®±³² £ ¨²³±´¢³²ȁ 4§¤ ¯´±µ¨¤¶ ®¥ ³§¤ (,# ²§®´«£ ±¤¬ ¨ ¶¨³§¨ ³§¤²¤ ¦´¨£¤«¨¤² £ ¶§¤ ¨¢®²¨²³¤¢¨¤² ®± °´¤²³¨®² ±¨²¤Ǿ ² ¯±®µ¤ ¨ ³§¨² ¢ ²¤Ǿ ) ³±´²³ ³§ ³ £´¤ ¯±®¢¤²²Ǿ ³§¤ ¤·¯¤±¨¤¢¤ £ ¨²¨¦§³ ®¥ ®´± ¢¨³¸ ®¥¥¨¢¨ «²Ǿ ² ¶¤«« ² ±¤ ²® ¶¨«« ¯¯«¸ ³® ±¤¥«¤¢³ ¯±´£¤³ £¤¢¨²¨®ȁ ) ¶®´«£ ¯¯±¤¢¨ ³¤ ¸ ¥´±³§¤± ´¯§®«£ ³§¤ ¯¯±¤¢¨ ³¨® ®¥ §¨²³®±¸ £ ±³ ¨ ®´± ¦±¤ ³ ¢¨³¸ ®¥ $¤³®Ǿ 48ȁ 7¨³§ '± ³¨³´£¤Ǿ %±¨¢ 0´«¨£® ΐΑΏΘ 0¨¯¨¦ 2®¢ª , $¤³®Ǿ 48 ΖΕΑΏΔ ΘΓΏȁΒΕΗȁΐΑΕΓ ¸¢¯´«¨£®͔§®³¬ ¨«ȁ¢®¬ ЋЉЊЏ tƩźƚƩ Ʒƚ ğƓǤ źƒƦƩƚǝĻƒĻƓƷƭ ЋЉЊБ tƩźƚƩ Ʒƚ ŅğIJğķĻ ĬĻźƓŭ ƦğźƓƷĻķ ЋЉЊБΏhĭƷ͵ ǞźƷŷ ƒǒƩğƌ ƦğźƓƷĻķ ƚƓ ŅƩƚƓƷ ğƓķ ķƚƚƩƭ ƩĻƦƌğĭĻķ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 18-2099,Version:1 AGENDA CAPTION Consider approval of a resolution of the City Council of the City of Denton appointing a primary representative to the Denton County Transportation Authority Board of Directors; providing a repealer; and providing an effective date. City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: ACM: Mario Canizares DATE: December 4, 2018 SUBJECT Consider approval of a resolution of the City Council of the City of Denton appointing a primary representative to the Denton County Transportation Authority Board of Directors; providing a repealer; and providing an effective date. BACKGROUND On March 20, 2018, the Denton City Council approved Resolution 18-329 reappointing Richard Huckaby Denton County Transportation Authority (DCTA) Board of Directors. Mr. Huckaby resigned alternate representative to the DCTA Board, resigned from her position in early November. With the resignation of Ms. Bloom and Mr. Huckaby, the City of Denton does not currently have a representative on the DCTA Board. The next DCTA Board meeting is scheduled for Thursday, December 13, 2018. Due to the timing of the next board meeting, a work session to discuss board nominations was placed on the December 3 City Council Luncheon agenda. An action item has been placed on the December 4, 2018, Denton City Council agenda would become effective immediately and continue through November 12, 2019. The length of the board term could be affected if the DCTA bylaws are modified as a result changes being proposed in state legislation. According to Section 3 of the DCTA Bylaws (included as attachment 3), candidates need to meet the following eligibility requirements to serve on the DCTA Board: (i) have professional experience in the field of transportation, business, government, engineering or law; and (ii) reside: (A) within the territory of the Authority; or (B) outside the territory of the authority in a municipality that is located partly in 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: 1.6 Collaborate with local, regional, state, and federal partners EXHIBITS 1. Agenda Information Sheet 2. Proposed Resolution 3. Resolution 18-329 4. DCTA Bylaws 5. Presentation Respectfully submitted: Rachel Wood Chief of Staff RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON APPOINTING A PRIMARY REPRESENTATIVE TO THE DENTON COUNTY TRANSPORTATION AUTHORITY BOARD OF DIRECTORS; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 460.054(b)(1) of the Transportation Code authorizes the governing body of the City of Denton to appoint one member to the Board of Directors of the Denton County ority Boardand WHEREAS, Richard Huckaby, resigned his position on November 27, 2018; and November 12, 2019; and WHEREAS, the Denton City Council deems it in the public interest to appoint a new City of Denton representative to serve the term to expire on November 12, 2019; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The findings and recitations contained in the preamble of this Resolution are incorporated herein by reference. SECTION 2. _________________ is hereby appointed as a member to the Authority Board as a representative for the City of Denton, to serve in such a capacity for the term expiring November 12, 2019. This person is qualified to serve on the Authority Board as having professional experience in the field of transportation, business, government, engineering, or law. SECTION 3. The City Manager is hereby authorized to send a certified copy of this Resolution to appropriate officials of the Authority. SECTION 4. All previous resolutions and orders, or parts of resolutions or orders, in force when the provisions of this Resolution became effective which are inconsistent or in conflict with the terms or provisions contained in this Resolution are hereby repealed to the extent of any such conflict. SECTION 5. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: EXHIBIT 4 DENTON COUNTY TRANSPORTATION AUTHORITY BYLAWS Adopted January 3, 2002 (rev. February 13, 2004, October 26, 2006, September27, 2007,December 17, 2009, November 17, 2011, April25, 2013,September 26, 2013, February 16, 2016, and September 22, 2016) EXHIBIT 4 DENTON COUNTY TRANSPORTATION AUTHORITY BYLAWS, ARTICLE I NAME Section 1. Name.The name of the authority shall be the Denton County Transportation Authority ("Authority"). Section 2. Authorization.These Bylaws are adopted pursuant to authority granted in Section 460.204(c)(2) of the Texas Transportation Code ("Code"). In the event of any conflict between these Bylaws and the Code or other applicable laws of the State of Texas, such laws shall be controlling.In the event any provision of these Bylaws shall be determined to be invalid, the remainder of these Bylaws shall nevertheless remain in force and effect. Section 3. Definitions. (a)Alternate Member. Alternate Board Member shall mean a person appointed to serve in the absence of the regular appointed member of the Board of Directors representing such city. (b)Board Member. Board Member means and includes appointed or elected members of the Board of Directors, as well as alternate board members serving in the absence of appointed board members. (c)Capital Asset. Land, a fixture attached to land, or an item of personal property that meets all of the following criteria: (1) the cost of acquisition or the cost of improvement of such property exceeds $5,000; (2) the expected useful life of the property when acquired is more than 1 year or the extension of the useful life of the property as a result of the improvement is more than 1 year; (3) the property retains its original shape and appearance with use; and (4) the property is nonexpendable (meaning that if the property is damaged or some of its constituent parts are lost or worn out, it is usually more economical to repair the property than to replace it with an entirely new unit). (d)Capital Expenditure. Expenditure made to acquire or improve one or more Capital Assetsand includes the acquisition and/or improvement of real property. (e)Executive Committee. Executive Committee shall mean the committee appointed by the DCTA Chair consisting of the Directors as set forth in Article III, Section 9 (c). (f)Financial Participating Member. A Financial Participating Member shall mean a (f)Financial Participating Member. A Financial Participating Member shall mean a (f)Financial Participating Member. A Financial Participating Member shall mean a municipality that has imposed the transit sales and use tax authorized by Chapter municipality that has imposed the transit sales and use tax authorized by Chapter municipality that has imposed the transit sales and use tax authorized by Chapter 460 of the Transportation Code or which ha460 of the Transportation Code or which ha460 of the Transportation Code or which has contracted with DCTA for financial s contracted with DCTA for financial participation through tax increment paymentsparticipation through tax increment payments as provided by Subchapter I, Chapter as provided by Subchapter I, Chapter Page 1 EXHIBIT 4 460 of the Transportation Code, and which 460 of the Transportation Code, and which 460 of the Transportation Code, and which is entitled to have a Director on the is entitled to have a Director on the DCTA Board of Directors.DCTA Board of Directors. ARTICLE II OFFICES Section 1. Principal Office. The principal office of the Authority shall be in Denton County, Texas. Section 2. Additional Offices. Authority also may have offices at such other places as the Authority from time to time may determine or as the activities of Authority may require. ARTICLE III BOARD OF DIRECTORS Section 1. General Powers. The responsibility for the management operation and control of the Authority and its properties is vested in the Board of Directors.\[Section 460.401\]. Section 2. Number and CompositionSection 2. Number and Composition. The Board of Directors is composedof:. The Board of Directors is composedof: (a)One member appointed by the govern(a)One member appointed by the govern(a)One member appointed by the govern(a)One member appointed by the governing body of each municipality with a ing body of each municipality with a ing body of each municipality with a population of 17,000 or more that is located in the county;population of 17,000 or more that is located in the county; (b)Three members appointed by the Commissioner's Court of Denton County, two of (b)Three members appointed by the Commissioner's Court of Denton County, two of (b)Three members appointed by the Commissioner's Court of Denton County, two of (b)Three members appointed by the Commissioner's Court of Denton County, two of whom must reside in the unincorwhom must reside in the unincorwhom must reside in the unincorporated area of the county; andporated area of the county; and (c)(c)Three members to be designated by the remaining municipalities with a population Three members to be designated by the remaining municipalities with a population Three members to be designated by the remaining municipalities with a population of more than 500 but less than 17,000 located in the Denton County. These three of more than 500 but less than 17,000 located in the Denton County. These three of more than 500 but less than 17,000 located in the Denton County. These three of more than 500 but less than 17,000 located in the Denton County. These three members will be selected according to provisions of the Code. \[Section members will be selected according to provisions of the Code. \[Section members will be selected according to provisions of the Code. \[Section members will be selected according to provisions of the Code. \[Section 460.054(c)\].460.054(c)\]. (d)One member appointed by the governing body of each municipality in the county (d)One member appointed by the governing body of each municipality in the county (d)One member appointed by the governing body of each municipality in the county (d)One member appointed by the governing body of each municipality in the county with a population of more than 500 but less than 17,000 that:with a population of more than 500 but less than 17,000 that: (i)designates a public transporta(i)designates a public transporta(i)designates a public transporta(i)designates a public transportation financing areaunder Section tion financing areaunder Section 460.603;460.603; (ii)enters into an agreement with the Authority to provide public (ii)enters into an agreement with the Authority to provide public (ii)enters into an agreement with the Authority to provide public (ii)enters into an agreement with the Authority to provide public transportation services in the pubtransportation services in the pubtransportation services in the public financing area under Subchapter lic financing area under Subchapter I, Chapter 460; andI, Chapter 460; and (iii)did not approve the designati(iii)did not approve the designati(iii)did not approve the designati(iii)did not approve the designation of any member designated under on of any member designated under Section 2 (c) above.Section 2 (c) above. Page 2Page 2 EXHIBIT 4 (e)Member appointed by the governing bod(e)Member appointed by the governing bod(e)Member appointed by the governing bod(e)Member appointed by the governing body of a municipality that was entitled to y of a municipality that was entitled to y of a municipality that was entitled to appoint a member under Section 460.054 (b)(1)appoint a member under Section 460.054 (b)(1)appoint a member under Section 460.054 (b)(1) of the Code before the effective of the Code before the effective date of an increase in the population date of an increase in the population date of an increase in the population threshold. (Section 460.2015) The Board of threshold. (Section 460.2015) The Board of threshold. (Section 460.2015) The Board of Directors may increase the population Directors may increase the population Directors may increase the population threshold amounts stated inSectionthreshold amounts stated inSection 460.054(b)(1) in incrementsup to 5,000 each ye460.054(b)(1) in incrementsup to 5,000 each ye460.054(b)(1) in incrementsup to 5,000 each year. A municipality that appointed ar. A municipality that appointed ar. A municipality that appointed a member to the Board of Directors aa member to the Board of Directors according to the provisions of Section ccording to the provisions of Section ccording to the provisions of Section 460.054(b)(1) of the Code prior to anyi460.054(b)(1) of the Code prior to anyi460.054(b)(1) of the Code prior to anyincrease in population threshold is ncrease in population threshold is ncrease in population threshold is grandfathered and may continue to appointgrandfathered and may continue to appointgrandfathered and may continue to appoint a member to the Board of Directors. a member to the Board of Directors. (f)Appointing entities may appoint a member to(f)Appointing entities may appoint a member to(f)Appointing entities may appoint a member to(f)Appointing entities may appoint a member to the Board of Directors and may also the Board of Directors and may also the Board of Directors and may also provide for the appointment of one alternateto serve in the absence of the appointed provide for the appointment of one alternateto serve in the absence of the appointed provide for the appointment of one alternateto serve in the absence of the appointed member. An Alternate Membermay attend Board and committee meetings but member. An Alternate Membermay attend Board and committee meetings but member. An Alternate Membermay attend Board and committee meetings but shall not vote on any matter before the Board or committee or participate in any shall not vote on any matter before the Board or committee or participate in any shall not vote on any matter before the Board or committee or participate in any discussion in matters before the Board or a committee except when serving in place discussion in matters before the Board or a committee except when serving in place discussion in matters before the Board or a committee except when serving in place of the regular Board of Directorof the regular Board of Directorof the regular Board of Directorsmember \[Section 460.054(b)(1)\].Appointing smember \[Section 460.054(b)(1)\].Appointing smember \[Section 460.054(b)(1)\].Appointing entities shall notify the Authority in wrentities shall notify the Authority in wrentities shall notify the Authority in writing of the appointment, reappointment, iting of the appointment, reappointment, iting of the appointment, reappointment, resignation or removal of an Alternate Member.resignation or removal of an Alternate Member. Section 3. Eligibility. (a)To be eligible for appointmentto the Board of Directors,a person must: (i)have professional experience in the field of transportation, business, government, engineering or law:and (ii) reside:(A)within the territory of the Authority; or (B) outside the territory of the authorityin a municipality that is locatedpartly in the territory of the Authority. \[Section 460.202\]. (b)Three consecutive unexcused absences of a Director at a noticed Board of Directors meeting or the death, resignation or inability to serve shall create a vacancy. Section 4. Vacancy. A vacancyon the Board of Directors is filled in the same manner as the original appointment to the Board of Directors. \[Section 460.201(c)\]. Section 5. Terms.The term of office for a member of the Board of Directors is two years. A vacancy on the Board of Directors is filled in the same manner as the original appointment to the Board of Directorsto fill the unexpired portion of such term of office,except as provided by Section 460.2015 of the Code for grandfathered municipalities. Section 6. Meetings.The Board of Directors shall hold at least one regular meeting each month. \[Section 460.055(c)\]. Special meetings of the Authority may be called by the Chair or Vice-Chair as necessary. \[Section 460.204(b)\]. Section 7. Quorum.Five members constitute a quorum for purpose of conducting business. \[Section 460.205(a)\]. Section 8. Notice.All meetings of the Authority and its committees shall be in compliance with Texas Open Meetings Act. \[Section 460.102(a)(l)\]. Page 3Page 3 EXHIBIT 4 Section 9. Committees (a)The Chair of the Board may appoint such committees as from time to time may be deemed necessary and appropriate. The committee shall not have any power or authority to act on behalf of the Denton County Transportation Authority. The Chair will designate the chair of each committee, which will be comprised of at least three Board of Directors members, and will serve as an ex officio member of each committee. (b)The committee shall report its discussions or recommendations, subsequent to its meeting, to the next Board of Directorsmeeting. \[Section 460.401\]. (c)The Executive Committee shall consist of the four (4) officers of the Board of Directors, and the Chair may appoint one additional eligible Director of the Board of Directors to the Executive Committee. Notwithstanding the foregoing, no member of the Board of Directors,who is an employee of the governmental unit appointing such a person to theBoard of Directors, may serve on the Executive Committee. Section 10. Voting. (a)An action of the Board of Directors requires an affirmative vote ofa majority of the Directors, but not less thanfive (5) Directors present and voting, except for a vote pursuant to paragraph (b) of this section. \[Section 460.205(b)\]. (b)An affirmative vote of the majority of th(b)An affirmative vote of the majority of th(b)An affirmative vote of the majority of the entire Board of Directors, including two-e entire Board of Directors, including two-e entire Board of Directors, including two- thirds (2/3) vote of Directors representing Financial Participating Members is thirds (2/3) vote of Directors representing Financial Participating Members is thirds (2/3) vote of Directors representing Financial Participating Members is required for:required for: (1)a capital expenditure;(1)a capital expenditure;(1)a capital expenditure;(1)a capital expenditure;(1)a capital expenditure; (2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset;(2)operating or maintenance expenditure for a capital asset; (3)material change of the service plan;(3)material change of the service plan;(3)material change of the service plan;(3)material change of the service plan;(3)material change of the service plan; (4)amendment of the bylaws;(4)amendment of the bylaws;(4)amendment of the bylaws;(4)amendment of the bylaws;(4)amendment of the bylaws; (5)the approval of a comprehensiv(5)the approval of a comprehensiv(5)the approval of a comprehensiv(5)the approval of a comprehensive development agreement (“CDA”) e development agreement (“CDA”) e development agreement (“CDA”) or similar financial contractual obligation for a purpose not an or similar financial contractual obligation for a purpose not an or similar financial contractual obligation for a purpose not an express commitment of the DCTA Service Plan; express commitment of the DCTA Service Plan; express commitment of the DCTA Service Plan; (6)the approval of a contract or (6)the approval of a contract or (6)the approval of a contract or (6)the approval of a contract or other agreement between the DCTA other agreement between the DCTA other agreement between the DCTA and amunicipality or other governmeand amunicipality or other governmeand amunicipality or other governmental authority located within ntal authority located within ntal authority located within the A-train Corridor for participation in DCTA; orthe A-train Corridor for participation in DCTA; orthe A-train Corridor for participation in DCTA; or (7)the formation of a local govern(7)the formation of a local govern(7)the formation of a local govern(7)the formation of a local government corporation, ment corporation, ment corporation, contracting with, contracting with, contracting with, joining or becoming a member or owner of a local government joining or becoming a member or owner of a local government joining or becoming a member or owner of a local government corporation.corporation. (c)Alternate Members. An alternate Board Member may only serve in the absence of the regular board member. An alternate Board Member may vote in place of the regular Board Member when the regular Board Member is absent. Page 4 EXHIBIT 4 Section 11. Procedure of Meetings.Notice of all meetings and hearings of Authority shall be given, and such meetings and hearings shall be held and conducted in accordance with the following order: applicable law, these Bylaws, the Board of Directors Rules of Procedure and Robert's Rules of Order, newly revised, to the extent not in conflict. The General Counsel of the Authority shall serve as parliamentarian to the Authority. Section 12. Conflicts of Interest. Members of the Board of Directors and officers are subject to Chapter 171 Local Government Code. \[Section 460.203\]. Section 13. Population Changes. (a)At least annually but before any vote authorizing confirmation of the Authority or imposition of a sales and use tax, the Authority shall determine if any municipality located in the county that has not appointed a member to the Board of Directors as provided by Section 460.054(b)(1) of the Code, has grown to a population of 17,000 or more. (b)A determination of population growth to 17,000 or more will be documented by "Annual Population Estimates" for municipalities located in Denton County published by North Central Texas Council of Governments. The population of the municipality submitted to the Authority for approval may be challenged by a member of the Board of Directors. (c)The Board of Directors may certify: (i) that a municipality has a current population of 17,000 or more; and (ii) does not have a member appointed to the governing body as provided by Section 460.054(b)(1). Subsequent to the certification vote, a municipality socertified may forthwith appoint one member to the Board of Directors as provided by the Code. ARTICLE IV OFFICERS Section 1. Election.The Board of Directors shall elect four (4) of its members to serve The Board of Directors shall elect four (4) of its members to serve as the Chair, Vice-Chair, Treasas the Chair, Vice-Chair, Treasurer, and Secretary. \[Section urer, and Secretary. \[Section 460.055(a)\].The Chair or Vice Chair 460.055(a)\].The Chair or Vice Chair 460.055(a)\].The Chair or Vice Chair shall be a Director representing a Financial Participating Member.shall be a Director representing a Financial Participating Member. Section 2. Chair.The Chair shall preside at all regular and special meetings of the Authority. Section 3. Vice-Chair.The Vice-Chair shall preside at any meeting of the Authority on the request of the Chair, or at which the Authority Chair is absent. Section 4. Treasurer.The Treasurer shall work with the Chief Financial Officer in preparingthe budget and supervisingthe annual audit. Page 5 EXHIBIT 4 Section 5. Secretary.The Secretary shall review the minutes of all Board proceedings, make any necessary revisions, and attest to the accuracy of the minutes. Section 6. Term.The officers of the Authority shall be elected from among the members of the Board of Directors and shall hold office for one (1) year. The termof office for each officer shall be for a period of one year and shall run from January 1 through and including December 31 of the calendar year. ARTICLE V BUDGET AND FINANCE Section 1. Fiscal Year.The Fiscal Year of the Authority shall end on September 30 of each year. Section 2. Annual Budget.The Authority shall prepare an Annual Budget. \[Section 460.403\]. Section 3. Audit.The Authority shall have an annual audit of the affairs of the Authority prepared by an independent certified public accountant. Any deficiencies noted in the audit report shall be addressed at a regular meeting of the Authority and addressed on the record \[Section 460.402\]. ARTICLE VI RULES,POLICIES AND PROCEDURES The Board of Directors is responsible for the management, operation, and control of the authority and its properties.\[Section 460.401\]. ARTICLE VII INDEMNIFICATION The Denton County Transportation Authority shall indemnify any member of the Board of Directors involved in any litigation including any civil, criminal or administrative action suit or proceeding, for reason of such member's alleged negligence or misconduct in the performance of his or her duties as a Board of Directors Member to the extent funds are lawfully available and subject to any other limitations that exist by law against liability, and reasonable expenses, including attorneys' fees, actually and necessarily incurred, except where it is adjudged that such Board of Directors member acted with gross negligence or willful misconduct in the performance of their duties. ARTICLE VIII AMENDMENT TO BYLAWS Page 6 EXHIBIT 4 These Bylaws may be altered, amended or repealed, or new Bylaws may be adopted pursuant to Article III, § 10(b)at any regular, properly posted meeting of the Authority, or any properly posted special meeting of the Authority, at which a quorum is present;provided that prior to consideration and vote by the Authority, any proposed revisions to the Bylaws may be reviewed and commented on by the Board of Directors and shall be provided in writing to all Authority Board of Directors members at least two weeksprior to action on the amendments. Page 7 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z17-0004c,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,assigninganinitial zoningclassificationandusedesignationofNeighborhoodResidential6(NR-6)withanoverlay,on approximately118.04acresofland,generallylocated,northofEastMcKinneyStreetwestofSouthTrinity Road,intheCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendapproval(7-0).(Z17- 0004, The Woodlands of McKinney, Cindy Jackson) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, assigning an initial zoning classification and use designation of Neighborhood Residential 6 (NR-6) with an overlay on approximately 118.04 acres of land generally located north of East McKinney Street and west of South zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. The Planning and Zoning Commission recommend approval (7-0). (Z17-0004, The Woodlands of McKinney, Cindy Jackson) BACKGROUND The applicant is requesting an initial zoning designation of Neighborhood Residential 6 (NR-6) District in conjunction with a SUP request (S17-0008) in order to develop the site with a Manufactured Housing Development with a density of 4.15 dwelling units per acre and six single family residences on one-acre lots, totaling six acres. The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. A full staff analysis is attached in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Table item. 4. Deny RECOMMENDATION Staff and the Planning and Zoning Commission recommends approval of the request subject to the following conditions for approval of this request. These conditions will bring the site into compliance with the goals and objectives of the Denton Plan 2030. The proposed conditions for approval are: An overlay be placed on the property with the following conditions: 1. The maximum permitted density on the site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: a. 498 Modular and manufactured homes on 120.1 gross acres; and b. Six single family detached housing on minimum one-acre lots. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 22, 2017, the City Council approved a request to annex 118.04 acres of the subject site into the city. (A17-0001) On October 24, 2018, the Planning and Zoning Commission recommended approval of a request for an initial zoning classification of Neighborhood Residential 6 (NR-6) with conditions on 118.04 acres of land. 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. Existing Zoning Map 5. Proposed Zoning Map 6. Future Land Use Map 7. Comparison of Permitted Uses 8. Proposed Project Amenities and Housing Styles 9. Concept Plan 10. Public Notification Map 11. Planning and Zoning Commission Meeting Minutes 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner Z17-0004 Notification Map 500ft Buffer 200ft Buffer 5301 E McKinney St 6601 Grissom Rd LUTHA 0165330660 Feet SITECOD In Favor µ ETJ Neutral Parcels NAA 8/1/20 Opposed Roads Date: 10/23/2018 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. Locatedoutside200-ftBoundary 0.289 acre property is generally located on the east side of Bernard Street, approximately 350 feet north of Eagle Drive, in the City of Denton, Denton County, Texas. (FR18-0009, 711 Bernard, Ron Menguita) Chair Rozell opened the Public Hearing item 4C. Ron Menguita, Principal Planner, presented Public Hearing item 4C. Menguita stated the applicant intends to replat the property into two lots and develop a duplex on each lot. The approximately 0.289 acre property is generally located on the east side of Bernard Street, approximately 350 feet north of Eagle Drive. Notices were sent out and no responses were received. Chair Rozell closed the Public Hearing. Commissioner Larry Beck motioned, Commissioner Mat Pruneda seconded approve Public Hearing item 4C. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". D. Hold a public hearing and consider a request by The Woodlands on McKinney Street, LLC to provide an initial zoning district designation of Neighborhood Residential 6 (NR- 6) District to an approximately 118.041 acre property. The property is generally located north of East McKinney Street and west of South Trinity Road. (Z17-0004, The Woodlands of McKinney Street, Cindy Jackson) E. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit request by The Woodlands on McKinney Street, LLC. for a manufactured housing park on approximately 126.148 acres of land. The property is generally located north of East McKinney Street and west of South Trinity Road. (S17- 0008, The Woodlands of McKinney Street, Cindy Jackson) Chair Rozell stated Public Hearing items 4D and 4E would be heard together. Chair Rozell opened the Public Hearing 4D and 4E Cindy Jackson, Senior Planner, presented Public Hearing item 4D and 4E. Jackson stated the applicant is requesting an initial zoning designation of Neighborhood Residential 6 (NR-6) District, in conjunction with a SUP request (S17-0008) in order to develop the site with a Manufactured Housing Development with a density of 4.15 dwelling units per acre and six single family residences on one-acre lots, totaling six acres, the current zoning is Rural Residential (RD- 5X). The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. Jackson stated staff does recommend approval of the request subject to the following conditions for approval of this request. These conditions will bring the site into compliance with the goals and objectives of the Denton Plan 2030. The proposed conditions for approval are: An overlay be placed on the property with the following conditions: 1. the maximum permitted density on the Б site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: A. 498 Modular and manufactured homes on 120.1 gross acres; and B. six single family detached housing on minimum one-acre lots. Jackson stated notices were sent out and the one response received a super majority vote is required from City Council in order of approval. Cindy Jackson, Senior Planner, presented Public Hearing item 4E. Jackson stated the applicant is requesting approval of a SUP to develop a Manufactured Housing Development with 498 stands on 120.1 acres with a density of 4.15 dwelling units per acre. The overall site contains 126.1 acres, however six one-acre lots for single family homes are proposed along South Trinity Road. A request to provide an initial zoning designation of NR-6 on the approximately 118 acres of the site is being heard concurrently with this request. The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. Jackson stated staff does recommend approval of the request with the following conditions: 1. Allowed Land Uses: Only allowed land uses are 498 Modular and Manufactured Housing on 126.1 gross acres and six One-Acre Single Family Detached Housing. 2. There shall be a minimum of 6 acres of land developed as one-acre single family lots. These lots shall front TrinityRoad. 3. 40% of the existing tree canopy must be preserved. 4. 100% of the City of Denton ESA Areas shall be preserved, except for one roadway crossing. 5. A minimum 10 acres of open space/green space shall be provided. 6. Amenity Center - Minimum 4,500 square foot air- conditioned club house with pool and cabana. 7. Minimum of two 2-inch diameter trees shall be planted on each lot. 8. The homes to have brick or stone wainscoting for the skirting. 9. Deed Restrictions shall be reviewed and approved by the city prior to filing of the first Final Plat. Deed restrictions shall be filed with the county and include the following minimum requirements: A. Property ownership shall own and maintain all improvements on the property. This shall include all streets, wet utilities, landscaping, irrigation systems, fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas, etc. Only franchise utility improvements shall be owned and maintained by others. These utilities shall be installed specific easements as identified by the Final Plat. B. Property ownership is required to mow and edge all common areas and stand areas at least every two weeks in the Spring and Summer months. Every three weeks is required in the Fall and D. Property shall 100% owned by one entity. Winter months. C. Property shall be gated. E. Property shall be platted as a single lot. F. All manufactured homes shall be installed on an engineered reinforced concrete slab. G. All manufactured homes shall be structurally affixed to the concrete pad. H. Manufactured Homes must be offset a minimum of off the back of curb. Minimum wide driveway must be installed in front of the homes, therefore providing 2 off- street parking spots per home. I. All homes to have masonry skirting down to the concrete slab, on all sides of the home. 10. McKinney Street Screening & Landscape Buffer Improvements: A. B. 4-inch minimum diameter shade trees landscape buffer with automated irrigation systems. planted on ters, with a staggered row on each side of the proposed screening wall. C. masonry screening wall built on a 2- tall berm. Berm shall have a flat top of at least and a maximum side slope of 5:1. Creating an effective screening height of 10-11. 11. masonry screening wall to be installed between the one acre lots and remaining development. Fence to be installed with the first adjoining phase. 12. As a result of the TIA: A. There shall be three (3) public street access points for the development. Two connections along McKinney Street and one (1) alongTrinity Road. B. Developer shall dedicate the ultimate right-of-way for future Post Oak В Boulevard at no fee to the city, upon filing of the first Final Plat. This is approximately 1,100 linear feetparallel to the west property line and 1wide, equating to approximately 3.4 acres of land. C. Developer shall install two left turn lanes into the development along McKinney Street. D. Developer to install reinforced concrete public trail along the property frontage and terminate at the Ryan High School. Along the property frontage this trail will meander within the 2 landscape buffer and McKinney Street right-of- way. North of the site the trail will be installed inside the McKinney Street right- of-way. Jackson stated notices were sent out and with the one response received, super majority vote would be required from City Council in order of approval. Commissioner Beck requested the difference between a trailer park and the proposed development. Jackson stated a trailer home would have been developed before 1976 were on wheels, manufactured homes were built after 1976 are placed on an engineered foundation. Commissioner Sanchez questioned if modular homes are permitted within the City limits. Jackson stated yes modular homes are permitted by right. Commissioner Pruneda questioned what the yard size would be for these lots. Richard Cannone, Deputy Director of Development Services, stated the minimum requirements are no less than 40 feet in width, no less than 100 feet in depth and minimum area of 5000 square feet. Michael Holigan and Brent Murphree, the applicants, provided a presentation on the modular home development. Holigan stated the reason they choose this site was the location with other developments in the area. Commissioner Smith questioned the applicant if the intent for these homes is for the primary homeowner to purchase the home or the home to be purchased by the owner and converted into a rental property. Holigan stated the only part of the property that will be rented is the stands the modular homes sit on. Commissioner Smith questioned the cost to lease a stand. Holigan stated between 400 and 500 dollars per month. Commissioner Smith questioned if the commission could add a restriction to not allow occupancy tophase one McKinney Street has been updated. Jackson stated a condition could be added to the SUP stating the release of phase one should coincide with the completion of McKinney Street. Commissioner Ellis questioned if the maintenance to the homes is included in the lot rent. Holigan confirmed it is included in the rent cost. Commissioner Beck questioned City staff what it would take to help the residence of Lakeview Ranch with speed midigation. Cannone stated the issue is currently Lakeview Boulevard is designated as Collector Street, but with the mobility plan update it could be looked at and change with the direction of Post Oak Road. ЊЉ Commissioner Smith questioned if the applicant would consider adding speed mitigation to Lakeview Boulevard. Holigan agreed to add speed mitigation to Lakeview Boulevard. Commissioner Beck requested the applicant to explain their plans for tree mitigation. Murphree stated they are going to be preserving two heavily treed Environmentally Sensitive Areas (ESA) and also planting back matured trees. Jackson stated a tree preservation plan will be required during the platting process, in which the applicant will be required to preserve the high quality trees as well as secondary quality trees. Chair Rozell requested the Commission to take notes, only ask questions to the individual speaking and hold questions for the applicant or City staff until all public individuals have spoken. Chair Rozell stated since there are two public hearings open each speaker is being given six minutes to speak. The following individuals spoke during the Public Hearing: Michael Holigan, 2837 Creekway Dr., Carrollton, Texas 75010. Supports this request. Brent Murphree, 5750 Genesis Court, Frisco, Texas 75034. Supports this request. Jason Vannucci, 1901 Lakeview Blvd. Denton, Texas 76208. Opposed to the request Merritt Kirk, 1301 Lakeview Blvd., Denton, Texas 76208. Opposed to the request. Martha Lang, 908 Lakeview Blvd., Denton, Texas 76208. Opposed to the request. Sheila Roepke, 1402 Lakeview Blvd., Denton, Texas 76208. Opposed to the request. Ronald Bashor, 1108 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Doug Herzog, 7909 Rodeo Drive, Denton, Texas 76208. Opposed to the request. Dainel Donegen, 1308 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Emily Wilson, 8216 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Bill Roepka, 1402 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Janet Glowicz, 8017 Stallion Street, Denton, Texas 76208. Opposed to the request. Steven Leach, 8200 Oak Creek Lane, Denton, Texas 76208. Opposed to the request Brian Flatley, 901 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Bill Haddon, 2000 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Kourosh Hemyari, 5915 Haraby Court, Dallas, Texas 75248. Opposed to the request. Berry Sangani, 4541 Lancelot Drive, Plano, Texas 75024. Opposed to the request. David Laney, 2501 Laney Circle, Denton, Texas 76208. Opposed to the request. Bobby Self, 7800 E McKinney Street, Denton, Texas 76208. Opposed to the request. Shane Broughton, 8540 Stallion Court, Denton, Texas 76208. Opposed to the request. Tim Blakenship, 1197 S. Trinity Road, Denton, Texas 76208. Opposed to the request. David Pritchard, 1125 S. Trinity Road, Denton, Texas 76202. Neutral to the request. Luigi Manzi, 1115 S Trinity Road, Denton, Texas 76208. Opposed to the request. Don Wiley, 8001 Stallion Street, Denton, Texas 76208. Opposed to the request. Cody Hogan, 589 Trinity Road, Denton, Texas 76208. Opposed to the request. Sunny Emery, 8009 Stallion Street, Denton, Texas 76208. Opposed to the request. Janet McKinstry, 8108 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Gail Ashby, 8209 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. ЊЊ The following individuals requested not to speak during the Public Hearing: Ronald Zitsch, 2200 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Eric J Saull, 908 Lakside Boulevard, Denton, Texas 76208. Opposed to the request. Alberta Kirk, 1301 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Alice Gill, 7401 Stallion Street, Denton, Texas 76208. Opposed to the request. Scott Henkes, 409 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Jenifer Gellhest, 8509 Stallion Court, Denton, Texas 76208. Opposed to the request. Alice Haddon, 2000 Lakeview Boulevard, Denton, Texas 76202. Opposed to the request. Max Estes, 801 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Don Albrectit, 1100 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Chris Lohmann, 8208 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Bill McKinarey, 8108 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Patricia Battiato, 7909 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Larry Ashby, 8209 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Debbie Henkes, 409 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. The residents from the Lakeview Ranch development and located on Trinity Road, voiced their concerns regarding speeding issues, traffic concerns, dumping issues, property value decreases, drainage issues and the lift station capabilities. Chair Rozell closed the Public Hearing. Chair Rozell called a recess at 11:43p.m. Chair Rozell reconvened the Regular Meeting at 11:53p.m. Commissioner Beck requested the applicant to discuss the amenities they will be providing. Murphee stated they will have an amenity center, eight foot fence and adding enhancements. Commissioner Beck stated the proposed amenities is accessible on the website. Murphee responded to the concerns of the speakers, he stated it is required by the City of Denton if you are on an arterial street than you have to have a six foot fence as a barrier but they are adding an eight foot fence as an enhancement. Commissioner Pruneda questioned what the terms of the lease and are homeowners able to lock in a rate. Holigan stated it would depend on the rates the competition is promoting. Commissioner Pruneda questioned if the applicant has looked a drainage issues. Murphee stated they are required to do a drainage analysis to assure the development will not be impacting any one downstream. Sanchez questioned the interest rate on a modular home. Holigan stated last time he spoke to Palm Harbor homes it was 5 to 7 percent. Commissioner Ellis questioned if the applicant spoke with Denton Independent School District (DISD). Holigan stated no they have not spoken with DISD. ЊЋ Chair Rozell questioned if there would be garages or car ports and what parking will be available. Murphee stated there will be driveways for each unit that fit two cars, the garages or car ports will be up to the homeowner. Commissioner Beck requested staff to explain the notification process. Jackson stated the 200 foot notification is based on the Texas local government code requirements, the City of Denton also sends out postcards to the residents 500 feet from the property. Jerry Drake, First Assistant City Attorney, stated the mailings would go to the owners on the most current tax role and does not include properties in the Extra-Territorial Jurisdiction (ETJ). Chair Rozell questioned if the Commission has the ability to add a condition to mitigate the traffic issues on another property. Jackson stated the applicant cannot be required to improve offsite, however staff is able to talk to the traffic engineer regarding the issue. Commissioner Ellis thanked the citizens for coming out, she stated as a city we need to remove Lakeview Boulevard as a collector street. Commissioner Ellis continued to state she is struggling with the vote, but a lot of the issues everyone is having is not the applicants fault and she wishes DISD was notified. Jackson stated when a property is annexed into the City of Denton staff is required to contact all the service providers including DISD. Jackson noted DISD is required to respond back and is aware of the development. Commissioner Beck stated he is also having issues with the development. Commissioner Beck stated this development is not the ideal solution for low income housing, but it is an element of it and it will help to some degree. Commissioner Beck continued to state the main issue he has is the diminishing effect. Commissioner Smith stated no applicant, City staff, Planning and Zoning Commissioners, City Council members, would ever bring a project that has deception or devious intent to the City of Denton. Commissioner Smith noted safety is a big issue for him regarding this project and by no volition of the action, but if this development is going to cause a higher safety issue in Lakeview Ranch development. Commissioner Smith stated if there is a denial from City Council the applicant would be required to wait 12 months until they are able to bring back the application for reconsideration, unless there is substantial change in the circumstances. Commissioner Smith questioned if a substantial change could be where the Director of Transportation provides assistance to the safety issues in Lakeview Ranch to predicate substantial change in an application. Jackson stated substantial change typically has to do with the land use, density or lay out. Drake stated those are usually the factors considered. Jackson stated the applicant has requested to self-impose a requirement to improve the safety on Trinity Road. Murphee stated they are here to help and self-impose the condition. Commissioner Pruneda stated one of the things he finds encouraging is when talking with the applicant thru out the night they have been more than willing to make accommodations to try and make things better. ЊЌ Chair Rozell noted the zoning case will be voted on first and the specific use will be second. Commissioner Larry Beck motioned, Commissioner Mat Pruneda seconded to approve Public Hearing item 4D, along with the purposed conditions: An overlay be placed on the property with the following conditions: 1. the maximum permitted density on the site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: A. 498 Modular and manufactured homes on 120.1 gross acres; and B. six single family detached housing on minimum one-acre lots; and an amendment to require the applicant to work with the Lakeview Ranch neighborhood with the goal of reducing traffic issues in the neighborhood. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Drake stated the amendment requested from Commissioner Beck should be included motion for Public Hearing item 4E. Commissioner Alfred Sanchez motioned, Commissioner Mat Pruneda seconded to approve Public Hearing item 4E with staffs condtions: with the following conditions: 1. Allowed Land Uses: Only allowed land uses are 498 Modular and Manufactured Housing on 126.1 gross acres and six One- Acre Single Family Detached Housing. 2. There shall be a minimum of 6 acres of land developed as one-acre single family lots. These lots shall front Trinity Road. 3. 40% of the existing tree canopy must be preserved. 4. 100% of the City of Denton ESA Areas shall be preserved, except for one roadway crossing. 5. A minimum 10 acres of open space/green space shall be provided. 6. Amenity Center - Minimum 4,500 square foot air-conditioned club house with pool and cabana. 7. Minimum of two 2-inch diameter trees shall be planted on each lot. 8. The homes to have brick or stonewainscoting for the skirting. 9. Deed Restrictions shall be reviewed and approved by the city prior to filing of the first Final Plat. Deed restrictions shall be filed with the county and include the following minimum requirements: A. Property ownership shall own and maintain all improvements on the property. This shall include all streets, wet utilities, landscaping, irrigation systems, fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas, etc. Only franchise utility improvements shall be owned and maintained by others. These utilities shall be installed specific easements as identified by the Final Plat. B. Property ownership is required to mowand edge all common areas and stand areas at least every two weeks in the Spring and Summer months. Every three weeks is required in the Fall and Winter months. C. Property shall be gated. D. Property shall 100% owned by one entity. E. Property shall be platted as a single lot. F. All manufactured homes shall be installed on an engineered reinforced concrete slab. G. All manufactured homes shall be structurally affixed to the concrete pad. H. Manufactured Homes must be offset a minimum of off the back of curb. Minimum wide driveway must be installed in front of the homes, therefore providing 2 off-street parking spots per home. I. All homes to have masonry skirting down to the concrete slab, on all sides of the home. 10. McKinney Street Screening & Landscape Buffer Improvements: A. landscape buffer with automated irrigation B. 4-inch minimum diameter shade trees planted on ters, with a systems. staggered row on each side of the proposed screening wall. C. masonry screening wall built on a 2- tall berm. Berm shall have a flat top of at least and a maximum side slope of 5:1. Creating an effective screening height of 10-11. 11. masonry screening wall to be installed between the one acre lots ЊЍ and remaining development. Fence to be installed with the first adjoining phase. 12. As a result of the TIA: A. There shall be three (3) public street access points for the development. Two connections along McKinney Street and one (1) along Trinity Road. B. Developer shall dedicate the ultimate right-of-way for future Post Oak Boulevard at no fee to the city, upon filing of the first FinalPlat. This is approximately 1,100 linear feet parallel to the west property line and 1wide, equating to approximately 3.4 acres of land. C. Developer shall install two left turn lanes into the development along McKinney Street. D. Developer to install reinforced concrete public trail along the property frontage and terminate at the Ryan High School. Along the property frontage this trail will meander within the 2landscape buffer and McKinney Street right-of- way. North of the site the trail will be installed inside the McKinney Street right- of-way. Motioned approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". F. Hold a public hearing and consider a request by Budget Self Storage - Denton, Ltd., for a Specific Use Permit to allow quick vehicle servicing in Suite #110 and Suite #111 of Budget Self-Storage. The property is located at 2820 Virginia Circle. (S18-0002, Budget Self Storage, Cindy Jackson) Chair Rozell opened the Public Hearing item 4F. Cindy Jackson, Senior Planner, presented Public Hearing 4F. Jackson stated the request is for a Specific Use Permit (SUP) for two existing automobile repair facilities located on the site. Quick Vehicle Service is permitted with the approval of a Specific Use Permit in the NRMU zoning district. The building in which the two subject automotive repair facilities are located was designed as an office/warehouse building comprising ten office/warehouse suites. Jackson stated staff recommends denial of this request. Should the Planning and Zoning Commission decide to approve this request, Staff recommends the following conditions: 1. A new Certificate of Occupancy for the correct use, Quick Vehicle Servicing, must be applied for and approved. 2. This Specific Use Permit shall be limited to these two particular business owners and these two particular suites. 3. This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 7 and Exhibit 8. 4. Overnight outdoor storage of automobiles is prohibited. 5. No more than two customer vehicles per each business can be parked in the parking spaces in front of the building during business hours. Jerry Drake, First Assistant City Attorney stated he is unable to endorse the second recommended condition due to the issue regarding the use of the land and should be designated to the owner of the land not the business owners. Jackson stated staff can withdraw the second recommendation. Commissioner Smith questioned if the second condition could be placed on this specific Certificate of Occupancy (CO). Drake stated the Commission would need to add verbiage to the SUP that includes the suites and states upon consideration of a CO in order to prevent this use from being grandfather in. The following individual spoke during the Public Hearing: ЊЎ S:\\Legal\\Our Documents\\Ordinances\\18\\Z17-0004.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ASSIGNING AN INITIAL ZONING CLASSIFICATION AND USE DESIGNATION OF NEIGHBORHOOD RESIDENTIAL 6 (NR- 6), WITH AN OVERLAY, ON APPROXIMATELY 118.04 ACRES OF LAND, GENERALLY LOCATED, NORTH OF EAST McKINNEY STREET AND WEST OF SOUTH TRINITY ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (Z17-0004) WHEREAS, Brent Murphree, representing The Woodlands of McKinney, L.P., has applied for an initial zoning designation on approximately 118.04 of land legally described and depicted in Exhibit B, attached hereto and incorporated herein by reference (hereinafter, the to a Neighborhood Residential 6 (NR-6) zoning district and use classification; and WHEREAS, on October 24, 2018, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7-0) of the change in zoning district and use classification; and WHEREAS, on December 4, 2018, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The initial zoning district and use classification for the Property is hereby assigned as Neighborhood Residential 6 (NR-6), with the following overlay conditions: 1. The maximum permitted density on the site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: a. Modular and manufactured homes; and b. Six single family detached housing on minimum one-acre lots located along S. Trinity Road. SECTION 3. hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end, the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2018. _____________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. FIELD NOTE DESCRIPTION THE WOODLANDS ZONING EXHIBIT “A” 118.040 ACRES BEING a tract of land situated in the Moreau Forest Survey, Abstract Number 417, in the City of Denton, Denton County, Texas and being a portion of that tract of land conveyed to The Woodlands on McKinney St., LLC, according to the document filed of recorded in Instrument No. 20170118000510 of the Deed Records of Denton County, Texas, said tract being more particularly described as follows; BEGINNING at point in the west line of Trinity Road, a 60-foot right-of-way, for the most southerly southeast corner of the tract of land described herein; THENCE North 83°40'43" West, a distance of 1484.92 feet to a point for corner; THENCE South 01°51'00" West, a distance of 822.18 feet to a point for corner in the north line of that tract of land described in Cause Number 86-129, Official Public Records of Denton County, Texas; THENCE North 54°49'37" West, with said line, a distance of 597.24 feet to a point for corner at the beginning of a curve to the right, having a radius of 5479.50 feet, a central angle of 03°38'00" and a chord bearing and distance of North 53°00'37" West, 347.42 feet; THENCE with said line and curve to the right an arc distance of 347.48 feet to a point for corner; THENCE North 51°11'37" West, with said line, a distance of 712.47 feet to a point for corner; THENCE North 02°36'49" East, leaving said line, a distance of 1044.40 feet to a point for corner; THENCE South 87°58'53" East, a distance of 1424.55 feet to a point for corner; THENCE North 02°24'19" East, a distance of 1232.07 feet to a point for corner; THENCE South 88°21'43" East, a distance of 863.84 feet to a point for corner; THENCE South 01°42'27" West, a distance of 702.71 feet to a point for corner; THENCE South 88°14'50" East, a distance of 322.02 feet to a point for corner; THENCE South 02°15'55" West, a distance of 540.00 feet to a point for corner; THENCE South 87°48'53" East, a distance of 204.22 feet to a point for corner; THENCE South 02°05'33" West, a distance of 1281.99 feet to thePOINT OF BEGINNING and containing 118.040 acres (5,141,829 square feet) of land, more or less. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. South Trinity South Trinity South Trinity South Trinity South Trinity Planning Analysis Z17-0004/The Woodlands on McKinney City Council District 2 December 4, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, assigning an initial zoning classification and use designation of Neighborhood Residential 6 (NR-6) with an overlay on approximately 118.04 acres of land generally located west of South Trinity Road in the 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 recommend approval (7-0). (Z17-0004, The Woodlands of McKinney, Cindy Jackson) OWNER: Michael Holigan The Woodlands on McKinney Street LLC APPLICANT: Brent Murphree, Kinley-Horn and Associates Inc. BACKGROUND: Brent Murphree, on behalf of The Woodlands on McKinney Street LLC, is requesting an initial zoning designation of Neighborhood Residential 6 (NR-6) District in conjunction with a SUP request (S17-0008) in order to develop the site with a Manufactured Housing Development. The NR-6 District permits manufactured housing developments upon approval of a Specific Use Permit (SUP). The zoning request must be approved in order for the SUP to be considered. Approximately 118.041 acres of the subject site was annexed into the City on August 22, 2017. The site has a placeholder zoning designation of Rural Residential 5X (RD-5X). The request for an initial zoning designation of NR-6 on this portion of the site will be an extension of the existing NR-6 zoning which is located adjacent to McKinney Street. The accompanying SUP application (S17-0008) includes the approximately 8.08 acres of land located along McKinney Street which is already zoned NR-6. With the SUP application, the applicant is proposing a gated manufactured housing development on the site to be developed in three phases as shown on Exhibit 9. The development will accommodate 498 stands for manufactured and modular homes and six one-acre lots developed with single family homes with an overall density of four dwelling units per acre. The 498 homes are anticipated to be both manufactured homes and modular homes (as defined below) built on permanent concrete foundations with a density of 4.15 dwelling units per acre. For clarification purposes, a manufactured home, modular home, and mobile home are defined as: 1. Manufactured homes are factory built in compliance with the HUD Title 6 construction standards which were approved in June, 1976. A manufactured home is not a mobile home and does not have wheels. 2. Modular homes are treated as traditional single family homes and are constructed per local building codes. The interior and exterior of modular homes are typically highly customized to the preferences of the home buyer. 3. Mobile homes are homes built prior to June, 1976. They were not built to any type of construction code, and they have wheels. Mobile homes are not proposed for this development. The site contains approximately 18.5 acres of Environmentally Sensitive Area (ESA) of which 100% will be preserved as a natural open space amenity for the residents. In addition to the ESA preservation area, the owner/developer proposes to provide approximately 15.4 acres of recreational open space including several small parks and an amenity center for the residents. Perimeter masonry screening walls are proposed along both McKinney Street and S. Trinity Road along with street trees and landscaping. The applicant has provided a list of project amenities with photos of anticipated housing types, attached as Exhibit 8. If this project is approved, platting and site plan approval is required to ensure compliance with all applicable land development codes. SITE DATA: The subject site for the zoning application consists of approximately 118.04 acres of land located on the north side of E. McKinney Street and the west side of S. Trinity Road. The site is currently used as a farm/ranch site with several single family homes, with the majority of the site devoted to agricultural uses and native pasture. The site has approximately 1,645.39 linear feet of frontage along E. McKinney Street and approximately 1,281 linear feet of frontage along S. Trinity Road. A future extension of Post Oak Boulevard is located on the western side of the site. Per the Mobility Plan: Post Oak Boulevard is designated as a Primary Arterial requiring 135 feet of right of way, designed with three travel lanes in each direction divided by a median; McKinney Street is classified as a Secondary Arterial requiring 110 feet of right of way, designed with two travel lanes in each direction divided by a median; and S. Trinity Road is classified as a Collector Street requiring 70 feet of right of way designed with two travel lanes, one in each direction, and street parking on both sides. The site will take access from McKinney Street with entrances, a right-in/right-out and a full access entrance aligning with a future median opening on McKinney. The applicant will install two left turn lanes into the site from McKinney Street. The ultimate right-of-way for Post Oak, equating to 1,100 linear feet, parallel to the subject site, will be dedicated with this project. The four-lane intersection of Post Oak and McKinney, with a transition to two-lanes will be constructed will be constructed with this project at the time of McKinney Street improvements. There are two planned access points along Post Oak, a right-in/right-out and a full access entrance aligning with a future median opening on Post Oak. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: NR-2 and RD-5X RD-5X RD-5X Mobile Home Park and Mobile Home Park Farm/Ranch, and single Undeveloped family residential West: East: NR-2 ETJ and RD-5X SUBJECT PROPERTY Mobile Home Park Church and cemetery, S. Trinity Road, Farm/Ranch and Improved Pasture Southwest: South: Southeast: RD-5X NR-2, and RD-5X NR-1 and RD-5X E. McKinney Street, and E. McKinney Street, and Single Family Homes and Atmos Gas Storage Facility Atmos Gas Storage Facility Mobile Home Park CONSIDERATIONS: The request is to zone approximately 118.04 acres of land to the NR-6 District to permit a gated, Manufactured Housing Development on the site, along with six large lot single family lots located along S. Trinity Road. Section 35.3.4.B of the DDC establishes the following criteria for approval: 1. The proposed rezoning conforms to the Future Land Use element of The Denton Plan 2030. Per the Future Land Use Map in Denton Plan 2030, the subject property is designated as Low Density Residentialo promote single- family housing, with lot sizes ranging from one acre or more in rural fringe areas up to four units per acre throug. Dwellings in this land use district are generally one to two stories with private driveways and open space, consisting of privately maintained tree canopy and front, back, and side yards. Building and driveway orientation, the location of private garages, building material, and the presence of sidewalks vary by neighborhood and the era of neighborhood development. Generally these types of single-family neighborhoods are developed as distinct subdivisions that are linked by internal circulation systems with limited access to local and connector roads. Appropriate zoning districts for this designation would be Neighborhood Residential 1 (NR-1), Neighborhood Residential 2 (NR-2), and Neighborhood Residential 4 (NR-4). The proposed NR-6 is not consistent with the Future Land Use Map designation. 2. The proposed rezoning or Specific Use Permit facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements and public convenience. The applicant will install two left turn lanes into the site from McKinney Street. The ultimate right-of-way for Post Oak, equating to 1,100 linear feet, parallel to the subject site, will be dedicated with this project. The four-lane intersection of Post Oak and McKinney, with a transition to two-lanes will be constructed will be constructed with this project at the time of McKinney Street improvements. There are two planned access points along Post Oak, a right-in/right-out and a full access entrance aligning with a future median opening on Post Oak. Water will be available from McKinney Street, and improvements to the lift station located on Trinity may be needed to accommodate this development. Compliance with all transportation, drainage, and infrastructure requirements is mandatory with platting and development of the site. 3. When a rezoning request does not conform to the Future Land Use designation for the property, which this request does not, then there are additional criteria provided in Section 35.3.3.B.3 that must be examined. The following criteria are intended to evaluate the competing interests of public health, safety, morals, and 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 use pattern in this area of the City is a combination of agricultural uses such as farms and ranches mixed with some large lot single family homes, and mobile home parks. As previously noted, the mobile home park located on the west side of the subject site (Ashli Oaks) contains approximately 624 lots with a density of 5.99 dwelling units per acre. The site was developed between 1985 and 1986, and was zoned NR-2 during the 2002 citywide rezoning. The mobile home park located to the southeast (Denton Falls MHP) contains approximately 188 lots with a density of 5.12 dwelling units per acre. This site was developed with a mobile home park prior to being annexed into the city in 2013. The mobile home park to the north is mostly vacant with only approximately twelve homes located in the twelve acre park, giving it a density of one dwelling unit per acre. The park has been in this location since 1975 per DCAD records. Regardless, the proposed NR- 6 District would permit a higher density of residential development than what is intended for this area based on the Future Land Use designation. It should be noted that the applicant is proposing a maximum overall density of four dwelling units per acre on the subject site. The purpose of the NR-6 zoning is to permit the manufactured housing park, which is not permitted in the NR-4 zoning district, at a density of 4.15 dwelling units per acre. b. The possible creation of an isolated district unrelated to adjacent and nearby districts. The requested zoning designation of NR-6 permits a significantly higher residential density than is permitted in the surrounding NR-1 and NR-2 zoning districts, which are intended for single family uses with a maximum density of one to two dwelling units per acre. Non-residential uses permitted by right or with limitations in these two districts 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). The NR-6 district includes these uses with the same restrictions, and also permits duplexes by right, and live/work units with limitations. The NR-6 district permits Manufactured Housing Developments with approval of a SUP, which is the reason this zoning district is being requested. The proposed zoning district is not consistent with the existing surrounding zoning due to the higher permitted density, however, the applicant is proposing an overall density of four dwelling units per acre, which is considered low density per the Denton Plan 2030. The proposed NR-6 District would be an extension of the existing NR-6 district located along the north side of E. McKinney. NR-6 District is in the same surrounding zoning districts, but it is not considered to be a low-density residential district. The NR-6 district is typically more appropriate in transitional areas between low-density residential and more mixed-use areas. NR-6 District permits higher-density housing types such as duplexes and townhomes by right, whereas the surrounding lower-density districts either prohibit or limit these uses. These more intensive single-family residential uses do not currently exist in the subdivisions surrounding the subject property. However, staff has worked with the applicant developing conditions for approval which would bring the proposed density of the site down to 4.15 dwelling units per acre, and require six one-acre single family housing lots along South Trinity which would be consistent with the surrounding area. c. The population density in order to facilitate the adequate provision of transportation, water, sewer, schools, parks, public convenience, and other public requirements. The proposed rezoning would increase the population density in this area of the City. As previously noted, the site will take access from McKinney Street with entrances, a right-in/right-out and a full access entrance aligning with a future median opening on McKinney. The applicant will install two left turn lanes into the site from McKinney Street. The ultimate right-of-way for Post Oak, equating to 1,100 linear feet, parallel to the subject site, will be dedicated with this project. The four-lane intersection of Post Oak and McKinney, with a transition to two-lanes will be constructed will be constructed with this project at the time of McKinney Street improvements. There are two planned access points along Post Oak, a right- in/right-out and a full access entrance aligning with a future median opening on Post Oak. Water and Wastewater are available to the site. 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. During the platting process, the precise requirements for public infrastructure extensions will be determined. 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. The applicant is proposing to preserve 100% of the ESA which is located on the site. A drainage analysis of the site will be conducted during the platting and civil engineering process to ensure no negative impact occurs to adjoining properties. 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 property was recently annexed into the city and does not have a zoning designation beyond the RD-5X holding zone. The density of development as proposed (four dwelling units per acre) would be consistent with the current land use designation. 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. Based on the Denton Plan 2030 the most appropriate zoning for the subject property is the NR-4 District. The surrounding area is currently developed with higher density mobile home parks, however they were either developed before annexation into the city or under obsolete zoning codes. The proposed zoning would introduce a much high density than what currently permitted per the Future Land Use Plan. The applicant has proposed conditions for the site which limits the overall density of the site to four dwelling units per acre. STAFF RECOMMENDATION: Staff recommends approval of the request subject to the following conditions for approval of this request. These conditions will bring the site into compliance with the goals and objectives of the Denton Plan 2030. The proposed conditions for approval are: An overlay be placed on the property with the following conditions: 1. The maximum permitted density on the site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: a. 498 Modular and manufactured homes on 120.1 acres; and b. Six single family detached housing on minimum one-acre lots. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 18 notices were sent to property owners within 200 feet of the subject property, 21 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. As of this writing, we have not received any property owner response. The applicant held a neighborhood meeting on November 11, 2017. The majority of the attendees expressed approval for the proposed development. A second neighborhood meeting was held on October 22, 2018. Those in attendance expressed concerns regarding traffic generated from the site along Trinity Road, and McKinney Street. Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner Z17-0004 Site Location 426 03106201,240 Feet SITE µ Parcels Roads Date: 9/11/2017 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. Z17-0004 Existing Zoning Map NRMU-12 NR-6 RD-5X NR-4 NR-2 ETJ NR-1 NR-3 NRMU 426 IC-G 03106201,240 Feet SITEETJNR-2NR-6 µ IC-GNR-3NRMU Parcels NR-1NR-4NRMU-12 Roads RD-5X Date: 9/11/2017 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. Z17-0004 Proposed Zoning NRMU-12 NR-6 NR-2 RD-5X NR-4 NR-1 NR-3 NRMU IC-G 426 03106201,240 Feet SITEETJNR-2NR-6 µ IC-GNR-3NRMU Parcels NR-1NR-4NRMU-12 Roads RD-5X Date: 1/4/2018 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. Z17-0004 Future Land Use Map Low Residential Rural Areas Community Mixed Use Moderate Residential Government / Institutional 426 05001,0002,000 Feet SITENeighborhood Mixed Use Future Land Use Business Innovation Rural Areas Parcels µ Industrial Commerce Low Residential Roads Moderate ResidentialGovernment / Institutional Parks / Open Space Regional Mixed Use Community Mixed Use Date: 9/11/2017 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 w5ЎbwЏ wĻƭźķĻƓƷźğƌ ƭĻƭ Agriculture PP Livestock L(7)L(7) SinglefamilyDwellings PP AccessoryDwellingUnits PSUP/L(1) AttachedSinglefamilyDwellings NP DwellingsaboveBusinesses NN Live/WorkUnits PL(16) Duplexes NP CommunityHomesfortheDisabled PP GroupHomes SUPN MultifamilyDwellings NN FraternityorSororityHouse NN Dormitory NN ManufacturedHousing Developments PSUP w5ЎbwЏ /ƚƒƒĻƩĭźğƌ\[ğƓķ ƭĻƭ HomeOccupation PP SaleofProductsGrownonSite PN Hotels NN Motels NN BedandBreakfast L(10)N RetailSalesandService NN MovieTheaters NN Restaurant NN PrivateClub NN Bar NN DriveThroughFacility NN ProfessionalServicesandOffices NN QuickVehicleServicing NN VehicleRepair NN AutoandRVSales NN LaundryFacilities NN EquestrianFacilities PN OutdoorRecreation PP IndoorRecreation NN MajorEventEntertainment NN CommercialParkingLots NN AdministrativeorResearch Facilities SUPN BroadcastingorProductionStudio SUPN SexuallyOrientedBusiness NN w5ЎbwЏ LƓķǒƭƷƩźğƌ\[ğƓķ ƭĻƭ CraftAlcoholProduction NN Printing/Publishing NN Bakeries NN ManufactureofNonOdiferous Foods NN FeedLots SUPN FoodProcessing NN LightManufacturing NN HeavyManufacturing NN WholesaleSales NN WholesaleNurseries PN DistributionCenter/Warehouse, General NN Warehouse,Retail NN SelfServiceStorage NN ConstructionMaterialsSales NN JunkYardsandAutoWrecking NN WreckerServicesandImpoundLots NN Kennels L(14)N VeterinaryClinics PN SanitaryLandfills,Commercial Incineratiors,TransferStations NN GasWells L(27)L(27) w5ЎbwЏ LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ ƭĻƭ BasicUtilities PL(25) CommunityService NN ParksandOpenSpace PP Churches PP SemiPublicHalls,Clubs,and Lodges NSUP Business/TradeSchool NN AdultorChildDayCare PSUP Kindergarten,ElementarySchool PSUP MiddleSchool NN HighSchool NN Colleges NN Conference/ConventionCenters NN Hospital NN ElderlyHousing NSUP MedicalCenters NN Cemeteries NN Mortuaries NN WECS L(41)SUP WECS L(42)SUP w5ЎbwЏ DĻƓĻƩğƌwĻŭǒƌğƷźƚƓƭ MinimumLotArea(squarefeet) 5acres6,000 MaximumDensity 0.26 MaximumLotCoverage 15%60% MinimumLandscapedArea 75%40% MaximumBuildingHeight 65feet40feet LIMITATIONS: L(1)ΑSubjecttothefollowingcriteria: 1.Theproposalmustconformwiththeoverallmaximumlotcoverageandsetbacksrequirementsoftheunderlyingzone. 2.Themaximumnumberofaccessorydwellingunitsshallnotexceedoneperlot. 3.Themaximumgrosshabitablefloorarea(GHFA)oftheaccessoryresidentialstructureshallnotexceed50%oftheGHFAoftheprimary residenceonthelot,andshallnotexceed1,000squarefeetGHFAunlessthelotmeetstherequirementsofL(1).5. 4.OneadditionalparkingspaceshallbeprovidedthatconformstotheoffstreetparkingprovisionsoftheDDC. 5.ThemaximumGHFAoftheaccessoryresidentialstructureshallnotexceed50%oftheGHFAoftheprimaryresidenceonthelot,where thelotsizeisequaltoorgreaterthan10acresinsize.AnSUPisnotrequiredforsuchanaccessoryresidentialstructurewherethelotsize isequaltoorgreaterthan10acres. addedatarateofonepereachacreover L(7)ΑLimitedtotwoanimalsonparcelsonetothreeacresinsize.Additionalanimalsmaybe threeacres. L(8)ΑTravelers'accommodations,arepermitted,providedthat: 1.Thebusinessownerormanagershallberequiredtoresideonthepropertyoccupiedbytheaccommodation,oradjacentproperty. streetparkingspace,andtheownersshallhavetwo(2)parkingspaces.Allspaces 2.Thateachaccommodationunitshallhaveone(1)off shallbeinconformancewiththerequirementsoftheOffStreetParkingsectionofthisChapter. 3.Thatonlyone(1)groundorwallsign,constructedofanonplasticmaterial,noninteriorilluminatedoffour(4)sq.ft.maximumsizebe allowed.Anyexteriorilluminationofsignageshallbeinstalledsuchthatitdoesnotdirectlyilluminateanyresidentialstructuresadjacent ornearbythetravelers'accommodation. 4.Thatthenumberofaccommodationunitsallowedshallbeproportionaltothepermitteddensityofthezone.Eachtraveler's accommodationunitshallbecountedas0.6unitsforthepurposeofcalculatingthepermittednumberoftraveler'saccommodations. 5.Alltraveler'saccommodationsshallbewithintwohundred(200)feetofacollectororarterial.Streetdesignationsshallbeas viapublicstreetoralleyaccesstothesitefromthearterial. determinedbytheCityComprehensivePlan.Distancesshallbemeasured 6.Excludingthebusinessowner'sunitandtheareaofthestructureitwilloccupy,theremustbeatleastfourhundred(400)sq.ft.of grossinteriorfloorspaceremainingperunit. 7.Traveler'saccommodationsarelimitedtonomorethaneight(8)guestunits. L(10)ΑAllrestrictionsofL(8),butlimitedtonomorethanfive(5)guestunits. L(14)ΑUsesarelimitedtonomorethantenthousand(10,000)squarefeetofgrossfloorarea. L(16)ΑUsesarelimitedtonomorethan1,500squarefeetofgrossfloorareaperlot. L(25)ΑIfproposeduseiswithin200feetofaresidentialzone,approvalissubjecttoanSUP. L(27)ΑMustcomplywiththeprovisionsofSubchapter22,GasWellDrillingandProduction L(38)ΑMustmeettherequirementsofSection35.12.9. L(41)ΑLotswheretheproposedWECSwillbelocatedshallhaveaminimumlotareaoftwo(2)acres.Amaximumofone(1)WECSis permittedbyright.MultipleWECSarepermittedonlywithapprovalofaSUP. abovewheretheWECSismountedonthebuilding.Theheight L(42)ΑBuildingmountedWECSmaynotextendhigherthanten(10)feet shallbemeasuredfromthebaseoftheWECSwhereitismountedonthebuildingtothehighestpointofthearcoftheblades'elevation. IftheWECSdoesnotuseblades,thenheightismeasuredfromthebaseoftheWECSwhereitismountedonthebuildingtothehighest pointoftheWECS. Exhibit8 ProposedProjectAmenitiesandHousingStyles City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S17-0008c,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingaSpecific UsePermittoallowamanufacturedhousingparkwithconditionsonapproximately126.1acres,generally locatednorthofEastMcKinneyStreetandwestofSouthTrinityRoad,intheCityofDenton,DentonCounty, Texas;adoptinganamendmenttotheCityÓsofficialzoningmap;providingforapenaltyinthemaximum amountof$2,000.00forviolationsthereof;providingforseverability;andestablishinganeffectivedate.The PlanningandZoningCommissionrecommendapproval(7-0).(S17-0008,TheWoodlandsofMcKinney,Cindy Jackson) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit to allow a manufactured housing park with conditions on approximately 126.1 acres of land generally located north of East McKinney Street and west of South Trinity Road in the City of penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommend approval (7-0). (S17- 0008, The Woodlands of McKinney, Cindy Jackson) BACKGROUND The applicant is requesting approval of a SUP to develop a Manufactured Housing Development with 498 stands on 120.1 acres with a density of 4.15 dwelling units per acre. The overall site contains 126.1 acres, however six one-acre lots for single family homes are proposed along South Trinity Road. A request to provide an initial zoning designation of NR-6 on the approximately 118 acres of the site is being heard concurrently with this request. The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. A full staff analysis is attached in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Table item. 4. Deny RECOMMENDATION The Planning and Zoning Commission recommends approval of the request with the conditions stated in Exhibit 7, and an additional condition requiring the applicant to further mitigate off-site traffic impacts by paying $75,000 for traffic mitigation efforts including, but not limited to, traffic circles, speed tables, pavement markings, signage, and landscaping in the Lakeview Ranch neighborhood. The $75,000 shall be paid prior to the issuance of a building permit for the site. Staff recommends approval of the request subject to the conditions stated in Exhibit 7, as it is consistent with the goals and objectives of the Denton Plan 2030 and complies with all the criteria for approval of a SUP. Staff worked with the applicant to create the conditions stated in Exhibit 7, Woodlands SUP Conditions as conditions for approval of this request. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 22, 2017, the City Council approved a request to annex 118.04 acres of the subject site into the city. (A17-0001) On October 24, 2018, the Planning and Zoning Commission recommended approval of a request for Specific Use Permit on 118.04 acres of land subject to conditions. 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. Future Land Use Map 5. Concept Plan 6. Proposed Project Amenities and Housing Styles 7. Woodlands SUP Conditions 8. Notification Map 9. Planning and Zoning Commission Meeting Minutes 10. Draft Ordinance 11. Staff Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner S:\\Legal\\Our Documents\\Ordinances\\18\\S17-0008.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A MANUFACTURED HOUSING PARK WITH CONDITIONS ON APPROXIMATELY 126.1 ACRES, GENERALLY LOCATED NORTH OF EAST McKINNEY STREET AND WEST OF SOUTH TRINITY ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S17-0008) WHEREAS, Brent Murphree, on behalf of The Woodlands of McKinney LLC, has applied for a Specific Use Permit (SUP) to allow a manufactured housing park on approximately 126.1 acres, within the Neighborhood Residential 6 (NR-6) zoning district and use classification, as described in Exhibit A and depicted in Exhibit B; and WHEREAS, on October 24, 2018, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval \[7-0\] of the change requested SUP subject to conditions attached as Exhibit C; and WHEREAS, on December 4, 2018, the City Council likewise conducted a public hearing as required by law, to consider the Specific Use Permit request. Upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan and federal, state and local law, and the applicant has agreed to comply with all provision of the Denton Development Code (DDC), as they exist, may be amended, or in the future arising, including but not limited to this ordinance and has further agreed to comply with the additional restrictions and conditions set forth in Exhibit C, and; WHEREAS, the City Council of the City of Denton have determined that it will be beneficial to Denton and its citizens to grant the SUP; and such grant will not be detrimental to the health, safety, morals, and general welfare of the City of Denton, and that the SUP should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The SUP to allow the manufactured housing park on the Property, is hereby approved, subject to the Conditions in Exhibit C. SECTION 3. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP is issued to the entity named above runs with the land, and is assignable and transferable to subsequent owners of the Property. The applicant shall further mitigate off-site traffic impacts by paying $75,000 for traffic mitigation efforts including, but not limited to, traffic circles, speed tables, pavement markings, signage, and landscaping in the Lakeview Ranch neighborhood. The $75,000 shall be paid prior to the issuance of a building permit for the site. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2018. __________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerry E. Drake, Jr.__________________ Exhibit A Legal Description Exhibit B Exhibit C THE WOODLANDS ON MCKINNEY STREET SUP Conditions October, 2018 Applicant/Developer/Home Builder The Woodlands on McKinney Street, LLC 14114 N. Dallas Parkway, Suite 265 Dallas, TX 75254 Planner/Engineer/Surveyor Kimley-Horn and Associates, Inc. 5750 Genesis Ct., Suite 200 Frisco, Texas 75034 (972) 335-3580 S:\\Legal\\Our Documents\\Ordinances\\18\\S17-0008.docx 1.0 Purpose The purpose of these NR-6 Zoning Overlay Conditions is to specify and provide quality measures for this development. 2.0 Modular and Manufactured Housing Property would be developed in accordance with NR-6 Zoning District as stated in the Citys Development Code with the following conditions and restrictions stated below: Allowed Land Uses: Only allowed land uses are 497 Modular and Manufactured Housing units on 120.1 gross acres and six One-Acre Single Family Detached Housing. There shall be a minimum of 6 acres of land developed as one-acre single family lots. These lots shall front Trinity Road. 40% of the existing tree canopy must be preserved. 100% of the City of Denton ESA Areas shall be preserved, except for one roadway crossing. A minimum 10 acres of open space/green space shall be provided. Amenity Center - Minimum 4,500 square foot air-conditioned club house with pool and cabana. Minimum of two 2-inch diameter trees shall be planted on each lot. The homes to have brick or stone wainscoting for the skirting. Deed Restrictions shall be reviewed and approved by the city prior to filing of the first Final Plat. Deed restrictions shall be filed with the county and include the following minimum requirements: o Property ownership shall own and maintain all improvements on the property. This shall include all streets, wet utilities, landscaping, irrigation systems, fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas, etc. Only franchise utility improvements shall be owned and maintained by others. These utilities shall be installed in specific easements as identified by the Final Plat. o Property ownership is required to mow and edge all common areas and stand areas at least every two weeks in the Spring and Summer months. Every three weeks is required in the Fall and Winter months. o Property shall be gated. o Property shall 100% owned by one entity. o Property shall be platted as a single lot. o All manufactured homes shall be installed on an engineered reinforced concrete slab. o All manufactured homes shall be structurally affixed to the concrete pad. o Manufactured Homes must be offset a minimum of 20off the back of curb. Minimum 18 wide driveway must be installed in front of the homes, therefore providing 2 off-street parking spots per home. o All homes to have masonry skirting down to the concrete slab, on all sides of the home. McKinney Street Screening & Landscape Buffer Improvements: o 20landscape buffer with automated irrigation systems. 4-inch minimum diameter shade trees planted on 30nters, with a o staggered row on each side of the proposed screening wall. o masonry screening wall built on a 2- tall berm. Berm shall have a flat top of at least nd a maximum side slope of 5:1. Creating an effective screening height of 10-11. masonry screening wall to be installed between the one acre lots and remaining development. Fence to be installed with the first adjoining phase. There shall be three (3) public street access points for the development. Two connections along McKinney Street and one (1) along Trinity Road. Developer shall dedicate the ultimate right-of-way for future Post Oak Boulevard at no fee to the city, upon filing of the first Final Plat. This is approximately 1,100 linear feet parallel to the west property line and 135wide, equating to approximately 3.4 acres of land. Developer shall install two left turn lanes into the development along McKinney Street. terminate at Ryan High School. Along the property frontage this trail will meander within -of-way. North of the site, the trail will be installed inside the McKinney Street right-of-way. South Trinity South Trinity South Trinity South Trinity South Trinity Planning Analysis S17-0008/The Woodlands on McKinney City Council District 2 December 4, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, approving a Specific Use Permit to allow a manufactured housing park with conditions on approximately 126.1 acres of land generally located north of East McKinney Street and west of South Trinity Road in the City of Denton, Denton County, Texas; adopting an amendment to the violations thereof; providing for severability and establishing an effective date. The Planning and Zoning Commission recommend approval (7-0). (S17-0008, The Woodlands of McKinney, Cindy Jackson) OWNER: Michael Holigan The Woodlands on McKinney Street LLC APPLICANT: Brent Murphree, Kinley-Horn and Associates Inc. BACKGROUND: Brent Murphree, on behalf of The Woodlands on McKinney Street LLC, is requesting approval of an SUP to develop a Manufactured Housing Development on a 126.1 acre site. A request to provide an initial zoning designation of NR-6 on the approximately 118.04 acres of the site is being heard concurrently with this request. The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. Approximately 118.04 acres of the subject site was annexed into the City on August 22, 2017. A companion application (Z17-0004) is a request for an initial zoning designation of NR-6 on this portion of the site and will be an extension of the existing NR-6 zoning which is located adjacent to McKinney Street. The SUP application includes the zoning subject site and the adjacent land located along McKinney Street which is already zoned NR-6. With the SUP application, the applicant is proposing a gated manufactured housing development on the site to be developed in three phases as shown on Exhibit 9. The development will accommodate 498 homes at a density of 4.15 dwelling units per acre. The homes are anticipated to be both manufactured homes and modular homes (as defined below) built on permanent concrete foundations. The concept plan also includes six one-acre lots intended for single family development located along South Trinity Road. For clarification purposes, a manufactured home, modular home, and mobile home are defined as: 1. Manufactured homes are factory built in compliance with the HUD Title 6 construction standards which were approved in June, 1976. A manufactured home is not a mobile home and does not have wheels. 2. Modular homes are treated as traditional single family homes and are constructedper local building codes. The interior and exterior of modular homes are typically highly customized to the preferences of the home buyer. 3. Mobile homes are homes built prior to June, 1976. They were not built to any type of construction code, and they have wheels. Mobile homes are not proposed for this development. The site contains approximately 18.5 acres of Environmentally Sensitive Area (ESA) of which 100% will be preserved as a natural open space amenity for the residents. In addition to the ESA preservation area, the owner/developer proposes to provide approximately 15.4 acres of recreational open space including several small parks and an amenity center for the residents. Perimeter masonry screening walls are proposed along both McKinney Street and S. Trinity Road along with street trees and landscaping. The applicant has provided a list of project amenities with photos of anticipated housing types, attached as Exhibit 6. If this project is approved, platting and site plan approval is required to ensure compliance with all applicable land development codes. SITE DATA: The site is currently used as a farm/ranch site with several single family homes, with the majority of the site devoted to agricultural uses and native pasture. The site has approximately 1,645.39 linear feet of frontage along E. McKinney Street and approximately 1,281 linear feet of frontage along S. Trinity Road. A future extension of Post Oak Boulevard is located on the western side of the site. Per the Mobility Plan: Post Oak Boulevard is designated as a Primary Arterial requiring 135 feet of right of way, designed with three travel lanes in each direction divided by a median; McKinney Street is classified as a Secondary Arterial requiring 110 feet of right of way, designed with two travel lanes in each direction divided by a median; and S. Trinity Road is classified as a Collector Street requiring 70 feet of right of way designed with two travel lanes, one in each direction, and street parking on both sides. The site will take access from McKinney Street with two entrances, a right-in/right-out and a full access entrance aligning with a future median opening on McKinney. The applicant will install two left turn lanes into the site from McKinney Street. The ultimate right-of-way for Post Oak, equating to 1,100 linear feet, parallel to the subject site, will be dedicated with this project. The four-lane intersection of Post Oak and McKinney, with a transition to two-lanes will be constructed will be constructed with this project at the time of McKinney Street improvements. There are two planned access points along Post Oak, a right-in/right-out and a full access entrance aligning with a future median opening on Post Oak. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: NR-2 and RD-5X RD-5X RD-5X Mobile Home Park and Mobile Home Park Farm/Ranch, and single Undeveloped family residential East: West: ETJ and RD-5X SUBJECT PROPERTY NR-2 Church and cemetery, S. Mobile Home Park Trinity Road, Farm/Ranch and Improved Pasture Southwest: South: Southeast: RD-5X NR-2, and RD-5X NR-1 and RD-5X E. McKinney Street, and E. McKinney Street, and Single Family Homes and Atmos Gas Storage Facility Atmos Gas Storage Facility Mobile Home Park CONSIDERATIONS: 1. Pending approval of the request to zone the site for the NR-6 District, the initial request is for an SUP to allow the development of a manufactured housing development on approximately 126.1 acres of land. However, the applicant has included six acres located on the west side of South Trinity which are to be developed as one-acre single family home sites. 2. Section 35.6.4 of the DDC outlines the criteria for approval of a SUP. These criteria are as follows: a. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. If the rezoning and proposed use are approved, the development would be required to go through a full site plan review procedure prior to permitting. At that time, the site would be required to be in compliance with all site design and parking regulations in the DDC. b. A SUP shall only be granted if all of the following conditions have been met: i. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. ii. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. iii. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. iv. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. v. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. vi. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. vii. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. The subject property is situated adjacent to three existing mobile home parks on the north, west and southeast sides of the site. The mobile home park located on the west side of the subject site (Ashli Oaks) contains approximately 624 lots with a density of 5.99 dwelling units per acre. The site was developed between 1985 and 1986, and was zoned NR-2 during the 2002 citywide rezoning. The mobile home park located to the southeast (Denton Falls MHP) contains approximately 188 lots with a density of 5.12 dwelling units per acre. This site was developed with a mobile home park prior to being annexed into the city in 2013. The mobile home park to the north is mostly vacant with only approximately twelve homes located in the twelve acre park, giving it a density of one dwelling unit per acre. The park has been in this location since 1975 per DCAD records. With a proposed density of four dwelling units per acre, this proposed development has a lower density than the mobile home parks located on the west and southeast sides of the site. The proposed use is situated between three existing mobile home parks located on the northern, southeastern and western side of the property, along with single family homes, ranches, and various agricultural uses. The site is bounded by McKinney Street to the south and S. Trinity Road to the east, both of which are unimproved, two lane roads. The landscape plan indicates that 100% of the ESA located on the site will be preserved, as well as many of the onsite trees. Approximately 15 acres of open space will be provided for the residents in addition to the ESA areas. DDC requirements for lighting and screening will facilitate compatibility with the existing land uses. Furthermore, the proposed development must meet City requirements for tree preservation, tree canopy, and street tree planting. The applicant, in response to concerns expressed by residents in the area, has eliminated access to and from the site via Trinity Road except for a gated emergency access. c. That adequate capacity of infrastructure can and will be provided to and through the subject property. As a result of the Traffic Impact Analysis (TIA), the applicant will be required to install two left turn lanes into the site from McKinney Street. The ultimate right-of- way for Post Oak, equating to 1,100 linear feet, parallel to the subject site, will be dedicated with this project. The four-lane intersection of Post Oak and McKinney, with a transition to two-lanes will be constructed will be constructed with this project at the time of McKinney Street improvements. There are two planned access points along Post Oak, a right-in/right-out and a full access entrance aligning with a future median opening on Post Oak. A six-inch reinforced concrete public trail is planned along McKinney Street to connect the site to Ryan High School, giving students safe passage to school. Water will be available from McKinney Street, and improvements to the lift station located on Trinity may be needed to accommodate this development. Compliance with all transportation, drainage, and infrastructure requirements is mandatory with platting and development of the site. d. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: i. Similarity in scale, bulk, and coverage. ii. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. iii. Architectural compatibility with the impact area. iv. Air quality, including generation of dust, odors, and other environmental pollutants. v. Generation of noise, light, and glare. vi. The development of adjacent property as envisioned in the Denton Plan. vii. Other factors found to be relevant to satisfy the requirements of this Chapter. With a proposed overall density of four dwelling units per acre, the site is considered to be low density residential per the Future Land Use Plan, and as such is similar in density to other low density residential development in the area. Proposed roadway improvements as previously discussed will help to ameliorate traffic impacts in the area. Masonry screening walls with landscaping are proposed along McKinney and S. Trinity to help screen the park, and reduce any adverse effects regarding noise, light, and glare. Due to the residential nature of the proposal, in addition to the plan to preserve 100% of the onsite ESA, environmental impacts are not expected. The applicant proposes one-acre single family residences along Trinity to provide greater compatibility to the east. STAFF RECOMMENDATION: Staff recommends approval of the request for a SUP for a gated manufactured housing development subject to conditions as it is consistent with the goals and objectives of the Denton Plan 2030 and complies with all the criteria for approval of a SUP. Staff recommends the conditions stated in Exhibit 7, Woodlands SUP Conditions as conditions for approval of this request. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 18 notices were sent to property owners within 200 feet of the subject property, 21 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. As of this writing, we have not received any property owner response. The applicant held a neighborhood meeting on November 11, 2017. The majority of the attendees expressed approval for the proposed development. A second neighborhood meeting was held on October 22, 2018. Those in attendance expressed concerns regarding traffic generated from the site along Trinity Road, and McKinney Street. Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner S17-0008 Site Location 426 " ) 03857701,540 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 9/19/2018 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. S17-0008 Future Land Use Map Business Moderate Innovation Residential Low Residential Rural Areas Community Mixed Use 426 288 " ) ! ( Government / Institutional Regional Mixed Use 06251,2502,500 Feet SITERegional Mixed UseIndustrial Commerce Future Land Use Rural AreasCommunity Mixed UseGovernment / Institutional µ Parcels Neighborhood Mixed UseParks / Open Space Low Residential Roads Business Innovation Moderate Residential Date: 9/19/2018 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. Exhibit6 ProposedProjectAmenitiesandHousingStyles THE WOODLANDS ON MCKINNEY STREET Proposed SUP Conditions October, 2018 Applicant/Developer/Home Builder The Woodlands on McKinney Street, LLC 14114 N. Dallas Parkway, Suite 265 Dallas, TX 75254 Planner/Engineer/Surveyor Kimley-Horn and Associates, Inc. 5750 Genesis Ct., Suite 200 Frisco, Texas 75034 (972) 335-3580 1.0 Purpose The purpose of these NR-6 Zoning Overlay Conditions is to specify and provide quality measures for this development. 2.0 Modular and Manufactured Housing Property would be developed in accordance with NR-6 Zoning District as stated in the Citys Development Code with the following conditions and restrictions stated below: Allowed Land Uses: Only allowed land uses are 497 Modular and Manufactured Housing units on 120.1 gross acres and six One-Acre Single Family Detached Housing. There shall be a minimum of 6 acres of land developed as one-acre single family lots. These lots shall front Trinity Road. 40% of the existing tree canopy must be preserved. 100% of the City of Denton ESA Areas shall be preserved, except for one roadway crossing. A minimum 10 acres of open space/green space shall be provided. Amenity Center - Minimum 4,500 square foot air-conditioned club house with pool and cabana. Minimum of two 2-inch diameter trees shall be planted on each lot. The homes to have brick or stone wainscoting for the skirting. Deed Restrictions shall be reviewed and approved by the city prior to filing of the first Final Plat. Deed restrictions shall be filed with the county and include the following minimum requirements: o Property ownership shall own and maintain all improvements on the property. This shall include all streets, wet utilities, landscaping, irrigation systems, fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas, etc. Only franchise utility improvements shall be owned and maintained by others. These utilities shall be installed in specific easements as identified by the Final Plat. o Property ownership is required to mow and edge all common areas and stand areas at least every two weeks in the Spring and Summer months. Every three weeks is required in the Fall and Winter months. o Property shall be gated. o Property shall 100% owned by one entity. o Property shall be platted as a single lot. o All manufactured homes shall be installed on an engineered reinforced concrete slab. o All manufactured homes shall be structurally affixed to the concrete pad. o Manufactured Homes must be offset a minimum of 20off the back of curb. Minimum 18 wide driveway must be installed in front of the homes, therefore providing 2 off-street parking spots per home. o All homes to have masonry skirting down to the concrete slab, on all sides of the home. McKinney Street Screening & Landscape Buffer Improvements: o 20landscape buffer with automated irrigation systems. o 4-inch minimum diameter shade trees planted on 30nters, with a staggered row on each side of the proposed screening wall. o masonry screening wall built on a 2- tall berm. Berm shall have a flat top of at least nd a maximum side slope of 5:1. Creating an effective screening height of 10-11. masonry screening wall to be installed between the one acre lots and remaining development. Fence to be installed with the first adjoining phase. There shall be three (3) public street access points for the development. Two connections along McKinney Street and one (1) along Trinity Road. Developer shall dedicate the ultimate right-of-way for future Post Oak Boulevard at no fee to the city, upon filing of the first Final Plat. This is approximately 1,100 linear feet parallel to the west property line and 135wide, equating to approximately 3.4 acres of land. Developer shall install two left turn lanes into the development along McKinney Street. Developer to instal reinforced concrete public trail along the property frontage and terminate at the Ryan High School. Along the property frontage this trail will meander within the 20landscape buffer and McKinney Street right-of- way. North of the site the trail will be installed inside the McKinney Street right-of- way. S17-0008 Notification Map 500ft Buffer 200ft Buffer Paul & Wen Tsai Kornu Khosrow Sadeghian Trts of Kamy Real Property Trust 0175350700 Feet In Favor SITECOD µ ETJ Neutral Parcels NAA 8/1/20 Opposed Roads Date: 10/24/2018 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. 0.289 acre property is generally located on the east side of Bernard Street, approximately 350 feet north of Eagle Drive, in the City of Denton, Denton County, Texas. (FR18-0009, 711 Bernard, Ron Menguita) Chair Rozell opened the Public Hearing item 4C. Ron Menguita, Principal Planner, presented Public Hearing item 4C. Menguita stated the applicant intends to replat the property into two lots and develop a duplex on each lot. The approximately 0.289 acre property is generally located on the east side of Bernard Street, approximately 350 feet north of Eagle Drive. Notices were sent out and no responses were received. Chair Rozell closed the Public Hearing. Commissioner Larry Beck motioned, Commissioner Mat Pruneda seconded approve Public Hearing item 4C. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". D. Hold a public hearing and consider a request by The Woodlands on McKinney Street, LLC to provide an initial zoning district designation of Neighborhood Residential 6 (NR- 6) District to an approximately 118.041 acre property. The property is generally located north of East McKinney Street and west of South Trinity Road. (Z17-0004, The Woodlands of McKinney Street, Cindy Jackson) E. Hold a public hearing and consider making a recommendation to City Council regarding a Specific Use Permit request by The Woodlands on McKinney Street, LLC. for a manufactured housing park on approximately 126.148 acres of land. The property is generally located north of East McKinney Street and west of South Trinity Road. (S17- 0008, The Woodlands of McKinney Street, Cindy Jackson) Chair Rozell stated Public Hearing items 4D and 4E would be heard together. Chair Rozell opened the Public Hearing 4D and 4E Cindy Jackson, Senior Planner, presented Public Hearing item 4D and 4E. Jackson stated the applicant is requesting an initial zoning designation of Neighborhood Residential 6 (NR-6) District, in conjunction with a SUP request (S17-0008) in order to develop the site with a Manufactured Housing Development with a density of 4.15 dwelling units per acre and six single family residences on one-acre lots, totaling six acres, the current zoning is Rural Residential (RD- 5X). The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. Jackson stated staff does recommend approval of the request subject to the following conditions for approval of this request. These conditions will bring the site into compliance with the goals and objectives of the Denton Plan 2030. The proposed conditions for approval are: An overlay be placed on the property with the following conditions: 1. the maximum permitted density on the Б site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: A. 498 Modular and manufactured homes on 120.1 gross acres; and B. six single family detached housing on minimum one-acre lots. Jackson stated notices were sent out and the one response received a super majority vote is required from City Council in order of approval. Cindy Jackson, Senior Planner, presented Public Hearing item 4E. Jackson stated the applicant is requesting approval of a SUP to develop a Manufactured Housing Development with 498 stands on 120.1 acres with a density of 4.15 dwelling units per acre. The overall site contains 126.1 acres, however six one-acre lots for single family homes are proposed along South Trinity Road. A request to provide an initial zoning designation of NR-6 on the approximately 118 acres of the site is being heard concurrently with this request. The NR-6 District permits manufactured housing developments upon approval of a SUP. The zoning request must be approved in order for the SUP to be considered. Jackson stated staff does recommend approval of the request with the following conditions: 1. Allowed Land Uses: Only allowed land uses are 498 Modular and Manufactured Housing on 126.1 gross acres and six One-Acre Single Family Detached Housing. 2. There shall be a minimum of 6 acres of land developed as one-acre single family lots. These lots shall front TrinityRoad. 3. 40% of the existing tree canopy must be preserved. 4. 100% of the City of Denton ESA Areas shall be preserved, except for one roadway crossing. 5. A minimum 10 acres of open space/green space shall be provided. 6. Amenity Center - Minimum 4,500 square foot air- conditioned club house with pool and cabana. 7. Minimum of two 2-inch diameter trees shall be planted on each lot. 8. The homes to have brick or stone wainscoting for the skirting. 9. Deed Restrictions shall be reviewed and approved by the city prior to filing of the first Final Plat. Deed restrictions shall be filed with the county and include the following minimum requirements: A. Property ownership shall own and maintain all improvements on the property. This shall include all streets, wet utilities, landscaping, irrigation systems, fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas, etc. Only franchise utility improvements shall be owned and maintained by others. These utilities shall be installed specific easements as identified by the Final Plat. B. Property ownership is required to mow and edge all common areas and stand areas at least every two weeks in the Spring and Summer months. Every three weeks is required in the Fall and D. Property shall 100% owned by one entity. Winter months. C. Property shall be gated. E. Property shall be platted as a single lot. F. All manufactured homes shall be installed on an engineered reinforced concrete slab. G. All manufactured homes shall be structurally affixed to the concrete pad. H. Manufactured Homes must be offset a minimum of off the back of curb. Minimum wide driveway must be installed in front of the homes, therefore providing 2 off- street parking spots per home. I. All homes to have masonry skirting down to the concrete slab, on all sides of the home. 10. McKinney Street Screening & Landscape Buffer Improvements: A. B. 4-inch minimum diameter shade trees landscape buffer with automated irrigation systems. planted on ters, with a staggered row on each side of the proposed screening wall. C. masonry screening wall built on a 2- tall berm. Berm shall have a flat top of at least and a maximum side slope of 5:1. Creating an effective screening height of 10-11. 11. masonry screening wall to be installed between the one acre lots and remaining development. Fence to be installed with the first adjoining phase. 12. As a result of the TIA: A. There shall be three (3) public street access points for the development. Two connections along McKinney Street and one (1) alongTrinity Road. B. Developer shall dedicate the ultimate right-of-way for future Post Oak В Boulevard at no fee to the city, upon filing of the first Final Plat. This is approximately 1,100 linear feetparallel to the west property line and 1wide, equating to approximately 3.4 acres of land. C. Developer shall install two left turn lanes into the development along McKinney Street. D. Developer to install reinforced concrete public trail along the property frontage and terminate at the Ryan High School. Along the property frontage this trail will meander within the 2 landscape buffer and McKinney Street right-of- way. North of the site the trail will be installed inside the McKinney Street right- of-way. Jackson stated notices were sent out and with the one response received, super majority vote would be required from City Council in order of approval. Commissioner Beck requested the difference between a trailer park and the proposed development. Jackson stated a trailer home would have been developed before 1976 were on wheels, manufactured homes were built after 1976 are placed on an engineered foundation. Commissioner Sanchez questioned if modular homes are permitted within the City limits. Jackson stated yes modular homes are permitted by right. Commissioner Pruneda questioned what the yard size would be for these lots. Richard Cannone, Deputy Director of Development Services, stated the minimum requirements are no less than 40 feet in width, no less than 100 feet in depth and minimum area of 5000 square feet. Michael Holigan and Brent Murphree, the applicants, provided a presentation on the modular home development. Holigan stated the reason they choose this site was the location with other developments in the area. Commissioner Smith questioned the applicant if the intent for these homes is for the primary homeowner to purchase the home or the home to be purchased by the owner and converted into a rental property. Holigan stated the only part of the property that will be rented is the stands the modular homes sit on. Commissioner Smith questioned the cost to lease a stand. Holigan stated between 400 and 500 dollars per month. Commissioner Smith questioned if the commission could add a restriction to not allow occupancy tophase one McKinney Street has been updated. Jackson stated a condition could be added to the SUP stating the release of phase one should coincide with the completion of McKinney Street. Commissioner Ellis questioned if the maintenance to the homes is included in the lot rent. Holigan confirmed it is included in the rent cost. Commissioner Beck questioned City staff what it would take to help the residence of Lakeview Ranch with speed midigation. Cannone stated the issue is currently Lakeview Boulevard is designated as Collector Street, but with the mobility plan update it could be looked at and change with the direction of Post Oak Road. ЊЉ Commissioner Smith questioned if the applicant would consider adding speed mitigation to Lakeview Boulevard. Holigan agreed to add speed mitigation to Lakeview Boulevard. Commissioner Beck requested the applicant to explain their plans for tree mitigation. Murphree stated they are going to be preserving two heavily treed Environmentally Sensitive Areas (ESA) and also planting back matured trees. Jackson stated a tree preservation plan will be required during the platting process, in which the applicant will be required to preserve the high quality trees as well as secondary quality trees. Chair Rozell requested the Commission to take notes, only ask questions to the individual speaking and hold questions for the applicant or City staff until all public individuals have spoken. Chair Rozell stated since there are two public hearings open each speaker is being given six minutes to speak. The following individuals spoke during the Public Hearing: Michael Holigan, 2837 Creekway Dr., Carrollton, Texas 75010. Supports this request. Brent Murphree, 5750 Genesis Court, Frisco, Texas 75034. Supports this request. Jason Vannucci, 1901 Lakeview Blvd. Denton, Texas 76208. Opposed to the request Merritt Kirk, 1301 Lakeview Blvd., Denton, Texas 76208. Opposed to the request. Martha Lang, 908 Lakeview Blvd., Denton, Texas 76208. Opposed to the request. Sheila Roepke, 1402 Lakeview Blvd., Denton, Texas 76208. Opposed to the request. Ronald Bashor, 1108 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Doug Herzog, 7909 Rodeo Drive, Denton, Texas 76208. Opposed to the request. Dainel Donegen, 1308 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Emily Wilson, 8216 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Bill Roepka, 1402 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Janet Glowicz, 8017 Stallion Street, Denton, Texas 76208. Opposed to the request. Steven Leach, 8200 Oak Creek Lane, Denton, Texas 76208. Opposed to the request Brian Flatley, 901 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Bill Haddon, 2000 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Kourosh Hemyari, 5915 Haraby Court, Dallas, Texas 75248. Opposed to the request. Berry Sangani, 4541 Lancelot Drive, Plano, Texas 75024. Opposed to the request. David Laney, 2501 Laney Circle, Denton, Texas 76208. Opposed to the request. Bobby Self, 7800 E McKinney Street, Denton, Texas 76208. Opposed to the request. Shane Broughton, 8540 Stallion Court, Denton, Texas 76208. Opposed to the request. Tim Blakenship, 1197 S. Trinity Road, Denton, Texas 76208. Opposed to the request. David Pritchard, 1125 S. Trinity Road, Denton, Texas 76202. Neutral to the request. Luigi Manzi, 1115 S Trinity Road, Denton, Texas 76208. Opposed to the request. Don Wiley, 8001 Stallion Street, Denton, Texas 76208. Opposed to the request. Cody Hogan, 589 Trinity Road, Denton, Texas 76208. Opposed to the request. Sunny Emery, 8009 Stallion Street, Denton, Texas 76208. Opposed to the request. Janet McKinstry, 8108 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Gail Ashby, 8209 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. ЊЊ The following individuals requested not to speak during the Public Hearing: Ronald Zitsch, 2200 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Eric J Saull, 908 Lakside Boulevard, Denton, Texas 76208. Opposed to the request. Alberta Kirk, 1301 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Alice Gill, 7401 Stallion Street, Denton, Texas 76208. Opposed to the request. Scott Henkes, 409 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Jenifer Gellhest, 8509 Stallion Court, Denton, Texas 76208. Opposed to the request. Alice Haddon, 2000 Lakeview Boulevard, Denton, Texas 76202. Opposed to the request. Max Estes, 801 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Don Albrectit, 1100 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. Chris Lohmann, 8208 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Bill McKinarey, 8108 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Patricia Battiato, 7909 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Larry Ashby, 8209 Oak Creek Lane, Denton, Texas 76208. Opposed to the request. Debbie Henkes, 409 Lakeview Boulevard, Denton, Texas 76208. Opposed to the request. The residents from the Lakeview Ranch development and located on Trinity Road, voiced their concerns regarding speeding issues, traffic concerns, dumping issues, property value decreases, drainage issues and the lift station capabilities. Chair Rozell closed the Public Hearing. Chair Rozell called a recess at 11:43p.m. Chair Rozell reconvened the Regular Meeting at 11:53p.m. Commissioner Beck requested the applicant to discuss the amenities they will be providing. Murphee stated they will have an amenity center, eight foot fence and adding enhancements. Commissioner Beck stated the proposed amenities is accessible on the website. Murphee responded to the concerns of the speakers, he stated it is required by the City of Denton if you are on an arterial street than you have to have a six foot fence as a barrier but they are adding an eight foot fence as an enhancement. Commissioner Pruneda questioned what the terms of the lease and are homeowners able to lock in a rate. Holigan stated it would depend on the rates the competition is promoting. Commissioner Pruneda questioned if the applicant has looked a drainage issues. Murphee stated they are required to do a drainage analysis to assure the development will not be impacting any one downstream. Sanchez questioned the interest rate on a modular home. Holigan stated last time he spoke to Palm Harbor homes it was 5 to 7 percent. Commissioner Ellis questioned if the applicant spoke with Denton Independent School District (DISD). Holigan stated no they have not spoken with DISD. ЊЋ Chair Rozell questioned if there would be garages or car ports and what parking will be available. Murphee stated there will be driveways for each unit that fit two cars, the garages or car ports will be up to the homeowner. Commissioner Beck requested staff to explain the notification process. Jackson stated the 200 foot notification is based on the Texas local government code requirements, the City of Denton also sends out postcards to the residents 500 feet from the property. Jerry Drake, First Assistant City Attorney, stated the mailings would go to the owners on the most current tax role and does not include properties in the Extra-Territorial Jurisdiction (ETJ). Chair Rozell questioned if the Commission has the ability to add a condition to mitigate the traffic issues on another property. Jackson stated the applicant cannot be required to improve offsite, however staff is able to talk to the traffic engineer regarding the issue. Commissioner Ellis thanked the citizens for coming out, she stated as a city we need to remove Lakeview Boulevard as a collector street. Commissioner Ellis continued to state she is struggling with the vote, but a lot of the issues everyone is having is not the applicants fault and she wishes DISD was notified. Jackson stated when a property is annexed into the City of Denton staff is required to contact all the service providers including DISD. Jackson noted DISD is required to respond back and is aware of the development. Commissioner Beck stated he is also having issues with the development. Commissioner Beck stated this development is not the ideal solution for low income housing, but it is an element of it and it will help to some degree. Commissioner Beck continued to state the main issue he has is the diminishing effect. Commissioner Smith stated no applicant, City staff, Planning and Zoning Commissioners, City Council members, would ever bring a project that has deception or devious intent to the City of Denton. Commissioner Smith noted safety is a big issue for him regarding this project and by no volition of the action, but if this development is going to cause a higher safety issue in Lakeview Ranch development. Commissioner Smith stated if there is a denial from City Council the applicant would be required to wait 12 months until they are able to bring back the application for reconsideration, unless there is substantial change in the circumstances. Commissioner Smith questioned if a substantial change could be where the Director of Transportation provides assistance to the safety issues in Lakeview Ranch to predicate substantial change in an application. Jackson stated substantial change typically has to do with the land use, density or lay out. Drake stated those are usually the factors considered. Jackson stated the applicant has requested to self-impose a requirement to improve the safety on Trinity Road. Murphee stated they are here to help and self-impose the condition. Commissioner Pruneda stated one of the things he finds encouraging is when talking with the applicant thru out the night they have been more than willing to make accommodations to try and make things better. ЊЌ Chair Rozell noted the zoning case will be voted on first and the specific use will be second. Commissioner Larry Beck motioned, Commissioner Mat Pruneda seconded to approve Public Hearing item 4D, along with the purposed conditions: An overlay be placed on the property with the following conditions: 1. the maximum permitted density on the site shall be no more than four dwelling units per gross acre. 2. Permitted land uses on the site: A. 498 Modular and manufactured homes on 120.1 gross acres; and B. six single family detached housing on minimum one-acre lots; and an amendment to require the applicant to work with the Lakeview Ranch neighborhood with the goal of reducing traffic issues in the neighborhood. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Drake stated the amendment requested from Commissioner Beck should be included motion for Public Hearing item 4E. Commissioner Alfred Sanchez motioned, Commissioner Mat Pruneda seconded to approve Public Hearing item 4E with staffs condtions: with the following conditions: 1. Allowed Land Uses: Only allowed land uses are 498 Modular and Manufactured Housing on 126.1 gross acres and six One- Acre Single Family Detached Housing. 2. There shall be a minimum of 6 acres of land developed as one-acre single family lots. These lots shall front Trinity Road. 3. 40% of the existing tree canopy must be preserved. 4. 100% of the City of Denton ESA Areas shall be preserved, except for one roadway crossing. 5. A minimum 10 acres of open space/green space shall be provided. 6. Amenity Center - Minimum 4,500 square foot air-conditioned club house with pool and cabana. 7. Minimum of two 2-inch diameter trees shall be planted on each lot. 8. The homes to have brick or stonewainscoting for the skirting. 9. Deed Restrictions shall be reviewed and approved by the city prior to filing of the first Final Plat. Deed restrictions shall be filed with the county and include the following minimum requirements: A. Property ownership shall own and maintain all improvements on the property. This shall include all streets, wet utilities, landscaping, irrigation systems, fencing, landscape buffers along perimeter, creeks, drainage ways, ESA areas, etc. Only franchise utility improvements shall be owned and maintained by others. These utilities shall be installed specific easements as identified by the Final Plat. B. Property ownership is required to mowand edge all common areas and stand areas at least every two weeks in the Spring and Summer months. Every three weeks is required in the Fall and Winter months. C. Property shall be gated. D. Property shall 100% owned by one entity. E. Property shall be platted as a single lot. F. All manufactured homes shall be installed on an engineered reinforced concrete slab. G. All manufactured homes shall be structurally affixed to the concrete pad. H. Manufactured Homes must be offset a minimum of off the back of curb. Minimum wide driveway must be installed in front of the homes, therefore providing 2 off-street parking spots per home. I. All homes to have masonry skirting down to the concrete slab, on all sides of the home. 10. McKinney Street Screening & Landscape Buffer Improvements: A. landscape buffer with automated irrigation B. 4-inch minimum diameter shade trees planted on ters, with a systems. staggered row on each side of the proposed screening wall. C. masonry screening wall built on a 2- tall berm. Berm shall have a flat top of at least and a maximum side slope of 5:1. Creating an effective screening height of 10-11. 11. masonry screening wall to be installed between the one acre lots ЊЍ and remaining development. Fence to be installed with the first adjoining phase. 12. As a result of the TIA: A. There shall be three (3) public street access points for the development. Two connections along McKinney Street and one (1) along Trinity Road. B. Developer shall dedicate the ultimate right-of-way for future Post Oak Boulevard at no fee to the city, upon filing of the first FinalPlat. This is approximately 1,100 linear feet parallel to the west property line and 1wide, equating to approximately 3.4 acres of land. C. Developer shall install two left turn lanes into the development along McKinney Street. D. Developer to install reinforced concrete public trail along the property frontage and terminate at the Ryan High School. Along the property frontage this trail will meander within the 2landscape buffer and McKinney Street right-of- way. North of the site the trail will be installed inside the McKinney Street right- of-way. Motioned approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". F. Hold a public hearing and consider a request by Budget Self Storage - Denton, Ltd., for a Specific Use Permit to allow quick vehicle servicing in Suite #110 and Suite #111 of Budget Self-Storage. The property is located at 2820 Virginia Circle. (S18-0002, Budget Self Storage, Cindy Jackson) Chair Rozell opened the Public Hearing item 4F. Cindy Jackson, Senior Planner, presented Public Hearing 4F. Jackson stated the request is for a Specific Use Permit (SUP) for two existing automobile repair facilities located on the site. Quick Vehicle Service is permitted with the approval of a Specific Use Permit in the NRMU zoning district. The building in which the two subject automotive repair facilities are located was designed as an office/warehouse building comprising ten office/warehouse suites. Jackson stated staff recommends denial of this request. Should the Planning and Zoning Commission decide to approve this request, Staff recommends the following conditions: 1. A new Certificate of Occupancy for the correct use, Quick Vehicle Servicing, must be applied for and approved. 2. This Specific Use Permit shall be limited to these two particular business owners and these two particular suites. 3. This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 7 and Exhibit 8. 4. Overnight outdoor storage of automobiles is prohibited. 5. No more than two customer vehicles per each business can be parked in the parking spaces in front of the building during business hours. Jerry Drake, First Assistant City Attorney stated he is unable to endorse the second recommended condition due to the issue regarding the use of the land and should be designated to the owner of the land not the business owners. Jackson stated staff can withdraw the second recommendation. Commissioner Smith questioned if the second condition could be placed on this specific Certificate of Occupancy (CO). Drake stated the Commission would need to add verbiage to the SUP that includes the suites and states upon consideration of a CO in order to prevent this use from being grandfather in. The following individual spoke during the Public Hearing: ЊЎ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S18-0008d,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingaSpecific UsePermittoallowforamulti-familyresidentialuseaspartofamixed-usedevelopmentonanapproximately 31-acresite,generallylocatedonthenorthsideofWindsorDrive,eastoftheI-35NFrontageRoad,intheCity ofDenton,DentonCounty,Texas;providingforapenaltyinthemaximumamountof$2,000.00forviolations thereof; providing for severability; and establishing an effective date. (S18-0008, Windsor Drive Apartments) City of DentonPage 1 of 1Printed on 11/30/2018 powered by Legistar™ City of Denton _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM: DATE: SUBJECT BACKGROUND OPTIONS RECOMMENDATION PRIOR ACTION/REVIEW (Council, Boards, Commissions) STRATEGIC PLAN RELATIONSHIP Related Key Focus Area: Economic Development Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention EXHIBITS S:\\Legal\\Our Documents\\Ordinances\\18\\S18-0008.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR A MULTI-FAMILY RESIDENTIAL USE AS PART OF A MIXED- USE DEVELOPMENT ON AN APPROXIMATELY 31-ACRE SITE, GENERALLY LOCATED ON THE NORTH SIDE OF WINDSOR DRIVE, EAST OF THE I-35 N FRONTAGE 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 FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S18- 0008, Windsor Drive Apartments) WHEREAS, Allison Engineering Group, on behalf of the property owner, Glory of Zion International Ministries Inc., and the future surface developer and owner, CL Ventures LLC, has applied for a Specific Use Permit (SUP) to allow for a multi-family residential use as part of a mixed-use development on approximately 31 acres, within the Neighborhood Residential Mixed- Use (NRMU) zoning district and use classification, as described and shown in Exhibit A the Property); and WHERAS, the CL Ventures LLC entered into and executed an agreement with the gas well operator, Sage Natural Resources, of two nearby gas well drilling and production sites (hereinafter, 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan in ; and WHEREAS, on November 14, 2018, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings and to all property owners interested in this regard, recommended to continue discussion of the requested SUP to a date certain of November 28, 2018; and WHEREAS, on November 28, 2018, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings and to all property owners interested in this regard, has recommended approval \[4-3\] of the requested SUP, subject to conditions; and WHEREAS, on December 4, 2018, the City Council likewise conducted a public hearing as required by law to consider the Specific Use Permit request. Upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan and federal, state, and local law, and that the Applicant has agreed to comply with all provisions of the Denton Development Code , as they exist, may be amended, or in the future arising, including but not limited to, this Ordinance, and has further agreed to comply with the additional restrictions and conditions set forth herein; and WHEREAS, the City Council has determined that it will be beneficial to Denton and its citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or health; and that the SUP should be granted; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The SUP to allow the multi-family residential use on the Property as shown on the site plan attached and incorporated herein as E, is hereby approved, subject to the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be approved by the Texas Department of Transportation , and that alterations in the configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process may be administratively approved by City staff, provided that such alterations comply with all DDC and criteria manual requirements, and that all remaining elements of the approved site plan are satisfied. 2. Landscaping in the attached site plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, open space and recreation space, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan in , must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. Notwithstanding the limited administrative approvals authorized in conditions 1 and 2, the City reserves the right to require approval by ordinance of any amendments to the SUP, the attached site plan, and the elements described in Section 3 below, including those referenced in conditions 1 and 2. SECTION 3. The attached site plan, landscape plan, and sample building elevations provided in Exhibit B specify the following requirements, and are incorporated as requirements of the SUP. Staff shall have the ability to approve an increase or decrease of up to 5% of any of the amounts specified in requirements 2-6, provided all applicable requirements of the DDC are met. 1. The multi-family portion of the mixed-use development will encompass a maximum of 17 acres out of the total 31 acres. 2. Sixteen (16) buildings are indicated, with a building footprint area specified at 112,724 square feet. 3. Three hundred thirty six (336) dwelling units are specified, with a density of 20.48 dwelling units per acre. 4. No fewer than six hundred twenty nine (629) parking spaces are required. Six hundred thirty two (632) spaces are specified on the site plan, but 60 of these spaces are specified as garages within the building footprints and do not count against the parking maximum requirements in DDC 35.14. 5. The site plan specifies a total of 49% lot coverage and 51% landscape area which includes a 30- fence. DDC 35.13.8 grants the Director the ability to approve alternative compatibility buffers. The Director may approve an alternative buffer that is equivalent to or more restrictive than the buffer specified in Exhibit B. 6. The sample building elevations specify an earth tone and gray tone color palette with facades of stucco, hardieboard plank siding, and hardieboard panels. Final building elevations should reflect these materials and colors and be in compliance with DDC 35.13.13.2 SECTION 4. Failure to Comply. Except as otherwise stated above, all terms of the SUP shall be complied with prior to issuance of a Certificate of Occupancy. Failure to comply with any term or condition of the Ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP is issued to the entity named above runs with the land, and is assignable and transferable to subsequent owners of the Property. SECTION 5. SUP Regulations. Upon notice to the property owner and a hearing before the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions imposed by this Ordinance that has not been met or has been violated on the Property; or 2. The SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/or Denton's Zoning Ordinance. SECTION 6. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation to make use of the above-referenced Property in some manner other than as authorized by the Denton Codes of Ordinances and this Ordinance. SECTION 7. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 8. Penalty. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 9. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________; the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of ___________________, 2018. _______________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerry E. Drake, Jr. Exhibit A Legal Description and Location Map Property ID 523508 Northeast Corner of West Windsor and I-35 31.000 Acres BEING all that certain lot, tract or parcel of land situated in the F. Batson Abstract Number 43 in the City of Denton, Denton County, Texas, being a part of that certain tract of land conveyed by deed from Archie C. Payne to Carol Jean Payne Gaede and Roland Edward Payne recorded in Volume 2593, Page 217, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a fence corner for corner in the east line of Interstate Highway Number 35, a public roadway and in the south line of the N. Wade Survey Abstract Number 1407, said point being the southwest corner of that certain tract of land conveyed by deed from J & L Partners to Rancho Vista Development Company recorded in Volume 2695, Page 465, Real Property Records, Denton County, Texas; THENCE Company tract and with said south line of said Wade Survey tract to an iron rod set for corner; THENCE od found for corner in the north line of Windsor Drive, a public roadway; THENCE found for corner in said East Line of said Interstate Highway; THENCE 81.30 feet with said east line of said Interstate Highway to an iron rod found for corner; THENCE PLACE OF BEGINNING and containing 31.000 acres of land. Exhibit B Site Plan, Landscape Plan, and Sample Building Elevations PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2 44’ - 2 1/2”44’ - 2 1/2”44’ - 2 1/2” PER EMC 18.90.70B 30’ - 9” PER EMC 18.90.70 FIGURE 2 PER EMC 18.90.70 FIGURE 2 Planning Staff Analysis S18-0008/Windsor Drive Apartments City Council District 3 December 4, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on an approximately 31-acre site, generally located on the north side of Windsor Drive, east of the I-35 N Frontage 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 for severability; and establishing an effective date. (S18-0008, Windsor Drive Apartments, Hayley Zagurski). OWNER: Glory of Zion International Ministries Inc. APPLICANT: Lee Allison, Allison Engineering Group BACKGROUND: The request is for a Specific Use Permit (SUP) to permit a multi-family use on approximately 31 acres of property generally located on the north side of Windsor Drive east of Interstate 35 north. The subject property is zoned Neighborhood Residential Mixed Use (NRMU) District, which permits multi-family developments with an SUP and the following limitation: = 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 The proposed development consists of 336 apartment units on approximately 16.4 out of the total 31 acres. The density of the proposed development would be approximately 20.5 dwelling units per acre, which is below the maximum of 30 dwelling units per acre permitted within the NRMU District. The remaining acreage of the subject property is proposed for commercial development at a future date. The Preliminary Site Plan (Exhibit 6) reflects sixteen buildings as well as associated parking and open space required for the multi-family development. Additionally, the plans reflect setback boundaries from two gas well drilling and production sites located on the eastern adjoining property. The applicant, Allison Engineering Group, and their client, Dimension Capital Partners, have worked extensively with the gas well operator over a period of several months to reach an agreement regarding the setbacks, gas well access road, and future platting of the subject property. As a part of this process, the gas well operator requested that no surface development be placed within the 250 foot reverse setback around the southern gas ch only restricts the within the reverse setback. Additionally, the gas well operator requested that the 250 foot setback from the northern gas well site be measured from the boundaries of a future enlargement they intend to pursue for the northern site rather than from the boundaries of the existing site. This provides an increased reverse setback for now, and should the operator seek to expand the gas well site in the future it would ensure the minimum 250 setback is still met. While the gas well site is not a part of this request, staff feels it is important to note that should the gas well operator seek to expand the northern site in the future the following processes would be required because the site is located within the floodplain fringe: A Watershed Protection Permit, A SUP, and Authorization of a reduction in setbacks to the minimum of 250 feet. This setback reduction authorization is required because existing sites within a residential zoning district have a required 500 foot setback. This 500 foot could be reduced to 250 feet if it is authorized by either the Zoning Board of Adjustment or if all owners of protected uses within the 500 foot radius authorize the reduction. While, the expansion of the gas well site is not a part of the SUP request for the multi-family use, it is important to note because extensive negotiations with the operator have occurred, part of which was the enhanced setbacks shown on the preliminary site plan from the existing northern pad site. SITE DATA: The subject property includes a total of 31 acres of land that are currently undeveloped with the exception of a gravel access road associated with gas well sites on the eastern adjoining property. The access road crosses the southernmost portion of the property. The proposed multi-family development encompasses approximately 16.4 acres on the northern and eastern portions of the property. The property has approximately 1,700 feet of frontage on the I-35 service road and approximately 700 feet of frontage on Windsor Drive. Windsor Drive is classified by the Mobility Plan as a secondary arterial roadway. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Regional Center Zoning: Planned Zoning: PD-142 Commercial Neighborhood Development 142 (PD-142) (RCC-N) District (aka Hillcrest Center) Use: Undeveloped Use: Commercial (RV sales) Uses: Undeveloped (PD permits commercial, light manufacturing, and high density residential uses) West: East: Zoning: RCC-D District Zoning: Neighborhood Residential 2 (NR-2) and Neighborhood Residential 4 Use: Undeveloped (future (NR-4) District Zimmerer Kubota site) SUBJECT PROPERTY Use: Gas Well Development, undeveloped land, and single- family residential (Westglen Subdivision) Southwest: South: Southeast: Zoning: RCC-N District Zoning: NR-6, NRMU-12, Zoning: Neighborhood and NRMU Districts Residential 6 (NR-6) District Use: Commercial (Home Depot) Use: Single-family Use: Single-family residential Residential (Windsor Farms) (Windsor Farms subdivision) and undeveloped land CONSIDERATIONS: Section 35.6.4 of the DDC outlines the criteria for approval of a SUP. These criteria are as follows: a. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with The Denton Plan and federal, state, or local law. The Conceptual Site Plan and Landscape Plan indicate that the development would be in conformance with the requirements of the DDC in terms of multi-family site design, building materials, parking, and landscaping. The site plan further indicates that the development would meet the following regulations for the NRMU zoning district: Maximum lot coverage of 80% (approximately 49% proposed) Minimum landscape area of 20% (approximately 51% proposed) Maximum building height of 65 feet (40 50 foot height proposed) Maximum density of 30 dwelling units per acre (20.48 dwelling units per acre proposed) Per the Denton Plan 2030 Future Land Use map, the subject property is located on the outer fringe of a larger area intended for Business Innovation. The Business Innovation designation applies to large areas suitable for well-planned, larger scale office and employment parks along with supporting retail, hotel, and residential uses. The bulk of the Business Innovation land use area is located on the west side of I-35and on the north side of Loop 288. The subject property is located on the fringe of this area where the land use designation quickly transitions into Low Residential (one to four dwelling units per acre). It is unlikely that the subject property would be suitable as part of a large-scale office or business park given its location between established neighborhoods and the interstate. However, the property is well-suited for less intensive supporting uses that are needed for Business Innovation, such as higher density residential development and typical highway commercial uses such as restaurants, retail, hotels or other commercial uses permitted in the NRMU District. Thus, the proposed multi-family residential use is consistent with the Future Land Use designation and is also consistent with the need to have a transitional zone in between higher-intensity business uses and the surrounding, established single- family neighborhoods. b. A SUP shall only be granted if all of the following conditions have been met: i. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate vicinity. ii. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. iii. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. iv. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. v. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration. vi. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties. vii. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. On the eastern side of I-35 in this area of the City, there is a large amount of undeveloped property as well as several well-established single-family neighborhoods. The proposed multi-family use would provide a logical transition from commercial development typically found along the interstate and permitted under the surrounding NRMU and PD-142 zoning and the nearby single-family neighborhoods. The subject property does not directly adjoin a neighborhood, but is in close proximity to both the Westglen and Windsor Farms subdivisions. The proposed use is not likely to generate offensive odors, fumes, dust, noise, or vibrations. Lighting for the site will be required to comply with the site lighting requirements in DDC Section 35.13.12. Traffic to the site will not have a direct connection to any of the surrounding neighborhoods, and instead would take access from either Windsor Drive or the I-35 frontage road. The Conceptual Site Plan indicates the provision of adequate on-site parking based upon the recently updated multi-family parking standards. The plans also indicate compliance with requirements for parking lot landscaping, right-of-way screening, and buffers. The closest single family homes are over 250 feet away from the subject property, and because the parcel immediately adjoining the subject property to the east contains gas well development, a Type D buffer (30 feet wide with 8 trees and 20 shrubs per 100 linear feet) is required along the eastern property line instead of the Type B buffer (10 feet wide with 5 trees and 30 shrubs per 100 linear feet) that would normally be required between multi-family and single-family uses. The applicant has proposed to provide the minimum 30 foot width for the buffer and to include a 6-foot high opaque fence and trees within the buffer but no shrubs. During the site plan process, the precise requirements for public infrastructure improvements, including water and sewer connections, will be determined. A Traffic Impact Analysis (TIA) is required prior to final platting and site planning based upon the size of the development. The applicant has already been to determine the scope of the TIA. Perimeter street improvements along Windsor Drive are expected, and TXDOT plans for I-35 indicate that additional right-of-way dedication along the western property line will be required in the future, as is indicated on the preliminary site plan. c. That adequate capacity of infrastructure can and will be provided to and through the subject property. Water is available to the proposed development along both the I-35 frontage road and Windsor Drive. Sewer is available either across Windsor Drive or from a line located on the eastern adjoining property, pending obtainment of an off-site easement from the adjoining property owner. Access to the site will occur by means of two driveways, one off of Windsor Drive located across from Bray Village Drive, and one off of the I-35 frontage road. Internal circulation is intended to be provided in the form of one primary drive- aisle that will also provide access to future commercial sites as well as a series of internal drives through the multi-family development. The landscape plan indicates that these internal drives will be designed as private streets with sidewalks and landscaping. d. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. When evaluating the effect of the proposed use on the surrounding area, the following factors shall be considered in relation to the target use of the zone: i. Similarity in scale, bulk, and coverage. ii. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. iii. Architectural compatibility with the impact area. iv. Air quality, including generation of dust, odors, and other environmental pollutants. v. Generation of noise, light, and glare. vi. The development of adjacent property as envisioned in the Denton Plan. vii. Other factors found to be relevant to satisfy the requirements of this Chapter. The proposed multi-family use is compatible with the existing zoning pattern in this area as well as with the Future Land Use designation of Business Innovation. Although there is not currently multi-family development in this area, the use could serve as a transition between commercial development expected along I-35 and the existing neighborhoods along Windsor Drive. The proposed scale of development in terms of density, lot coverage, minimum landscaping, and building height is consistent with the requirements for the NRMU District as was described above. While this scale of development is much greater location and is consistent with what is developed elsewhere in the City along the interstate. STAFF RECOMMENDATION: The attached site plan, landscape plan, and sample building elevations provided in Exhibits 6-8 specify the following, which will be incorporated as requirements of the SUP ordinance. Staff shall have the ability to approve an increase or decrease of up to 5% of any of the amounts specified in requirements 2-6, provided all applicable requirements of the DDC are met. 1. The multi-family portion of the mixed-use development will encompass a maximum of 17 acres out of the total 31 acres. 2. Sixteen (16) buildings are indicated, with a building footprint area specified at 112,724 square feet. 3. Three hundred thirty six (336) dwelling units are specified, with a density of 20.48 dwelling units per acre. 4. No fewer than six hundred twenty nine (629) parking spaces are required. Six hundred thirty two (632) spaces are specified on the site plan, but 60 of these spaces are specified as garages within the building footprints and do not count against the parking maximum requirements in DDC 35.14. 5. The site plan specifies a total of 49% lot coverage and 51% landscape area which includes a 30- fence. DDC 35.13.8 grants the Director the ability to approve alternative compatibility buffers. The Director may approve an alternative buffer that is equivalent to or more restrictive than the buffer specified in Exhibits 6-8. 6. The sample building elevations specify an earth tone and gray tone color palette with facades of stucco, hardieboard plank siding, and hardieboard panels. Final building elevations should reflect these materials and colors and be in compliance with DDC 35.13.13.2 Staff recommends approval of the SUP with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must alterations in the configuration of I-35 are currently in planning. Any driveway access locations from the northbound I-35 frontage road which must be altered in response to changing TxDOT requirements during the permitting process may be administratively approved by City staff, provided that such alterations comply with all DDC and criteria manual requirements, and that all remaining elements of the approved site plan are satisfied. 2. Landscaping in the attached site plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum landscape and canopy areas, and compatibility buffers, with administrative approval of alternative buffer elements permitted in accordance with DDC 35.13.8. Minor alterations to the depicted locations of individual plantings may be approved by City staff, provided that the final landscaping, as planted, complies with the attached site plan in terms of buffer and open space locations, as well as all elements of the DDC. 3. The Agreement entered into and executed by CL Ventures LLC and Sage Natural Resources, LLC, which sets forth the 250 foot reverse setbacks for the multi-family development from the two wells as shown on the attached site plan, must be filed in the records of Denton County prior to approval of a plat for the subject property, and a note on the plat shall reference the Agreement and setbacks. 4. Notwithstanding the limited administrative approvals authorized in conditions 1 and 2, the City reserves the right to require approval by ordinance of any amendments to the SUP, the attached site plan, and the elements described in Section 3 below, including those referenced in conditions 1 and 2. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 24 notices were sent to property owners within 200 feet of the subject property, 62 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 held a neighborhood meeting on September 6, 2018. Approximately 18 people attended the meeting, at which time the applicant described and showed the plans for the proposed development and answered questions. A primary concern expressed by the neighbors in attendance was the need for the northern half of Windsor Drive to be completed. S18-0008 Site Location BAUER HAMPTON TIESZEN 02555101,020 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 8/28/2018 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. S18-0008 Zoning Map ETJ PD RCC-N NRMU NR-4 BAUER RD-5X NR-6 HAMPTON IC-G NR-3 TIESZEN EC-I NR-2 RCC-D NRMU-12 CM-G 02555101,020 Feet SITECM-GNR-2NRMURCC-N µ EC-INR-3NRMU-12RD-5X Zoning Overlay ETJNR-4PD Parcels IC-GNR-6RCC-D Roads Date: 8/28/2018 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. S18-0008 Future Land Use Map Low Residential BAUER HAMPTON Business Innovation Parks / TIESZEN Moderate Open Residential Space Regional Mixed Use Industrial Commerce 03857701,540 Feet SITEBusiness Innovation Future Land Use µ Low ResidentialCommercial Parcels Industrial Commerce Moderate Residential Roads Government / Institutional Regional Mixed Use Parks / Open Space Neighborhood Mixed Use Date: 8/28/2018 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. PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2PER EMC 18.90.70 FIGURE 2 44’ - 2 1/2”44’ - 2 1/2”44’ - 2 1/2” PER EMC 18.90.70B 30’ - 9” PER EMC 18.90.70 FIGURE 2 PER EMC 18.90.70 FIGURE 2 S18-0008 Notification Map 500ft Buffer 200ft Buffer BAUER HAMPTON TIESZEN 02555101,020 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 8/28/2018 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 #:DCA18-0006b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingan amendmenttotheDentonDevelopmentCode(DDC),amendingSubchapter35.3-Proceduresbyaddinga citizenparticipationsection;providingforapenaltyinthemaximumamountof$2,000.00forviolations thereof;providingaseverabilityclauseandaneffectivedate.THISITEMHASBEENWITHDRAWNAND WILL BE CONSIDERED WITH THE DDC UPDATE. (DCA18-0006, Citizen Participation, Ron Menguita) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an amendment to the Denton Development Code (DDC), amending Subchapter 35.3 - Procedures by adding a citizen participation section; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. THIS ITEM HAS BEEN WITHDRAWN AND WILL BE CONSIDERED WITH THE DDC UPDATE. (DCA18-0006, Citizen Participation, Ron Menguita) BACKGROUND City Council requested information on the City Program for the Involvementof Neighborhoods (SPIN) program as an example of citizen engagement during the planning process during the June 12, 2018 City Council meeting. An Informal Staff Report (Report No. 2018-077) was provided onJune 22, 2018, that outlined the goals of the program and the City of public engagement efforts during the development process. Staffworked over the following months to find ways that the SPIN program could be adapted into development process. Staff determined that the goals and outcomes of the SPIN program can be achieved by adding a Citizen Participation procedure to the Denton Development Code (DDC) through a Code amendment. The purpose of the Citizen Participation procedure is to provide for the ability of citizens of the City of Denton to actively participate in the city's development procedures and will allow the citys citizens to play an essential role in help shape the direction of the city's development, thereby enhancing the welfare of their community. The goal of the procedure is to: Encourage citizen participation; Attain citizen feedback prior to the development; Make Planning and Zoning Commission and the City Council aware of public sentiment; Allow time for applicants to react to public feedback; Reduce back-and-forth discussions/negotiations at the podium; and Have a smoother process during the public hearing(s). On November 6, 2018, the City Council directed staff to postpone the Code amendment and to include the subject amendment as part of the overall DDC Update, which is tentatively scheduled for consideration in early March of 2019. In addition, the City Council directed staff to reach out to the development community for input and feedback. As part of this effort, the staff was directed to conduct a program between now and when the DDC Update will be considered. The pilot program will consist of encouraging applicants to host two (2) neighborhood meetings. The first meeting will be encouraged to occur prior to the distribution of the first staff review comments, and the second meeting will be encouraged to occur prior to the first public meeting/hearing in which the application is heard. Staff will encourage applicants applying for the following applications to participate in the pilot program: Comprehensive Plan Amendment; Zoning Change; Initial Zoning; Specific Use Permit; Planned Development (PD) Amendment; Zoning Board of Adjustment Application; Alternative Environmental Sensitive Area (ESA) Plan; and Alternative Development Plan. Names and mailing addresses of property owners within 200 feet of the subject property and residents within500 feet of the subject property will be provided to applicants by staff. In addition, as soon as staff is notified of neighborhood meetings by the applicants, the details of the meetings will be published on the website for all citizens to see and decide if they would like to attend the meeting. Lastly, staff willprovide details of the meetings to neighborhoods that are located within 500 feet of a City registered neighborhood. Neighborhoods will be notified through email by emailing neighborhood leaders that are listed on our Community Contact Master List. PRIOR ACTION/REVIEW (Council, Boards, Commissions) November 6, 2018 City Council Work Session November 14, 2018 Planning and Zoning Commission Public Hearing this item was withdrawn and not considered. 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, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this specific 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 Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0021e,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingazoning changefromNeighborhoodResidential2(NR-2)toaNeighborhoodResidentialMixed-Use(NRMU)District ontwoadjacenttracts,oneofapproximately5.723acresandtheotherofapproximately4.389acres.The subjectsiteisgenerallylocatedsouthwestoftheintersectionofTeasleyLaneandPennsylvaniaDrive,inthe CityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfor apenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandan effective date. STAFF HAS POSTPONED THIS ITEM TO A LATER DATE. City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a rezoning from Neighborhood Residential 2 (NR-2) to a Neighborhood Residential Mixed-Use (NRMU) District on two adjacent tracts, one of approximately 5.723 acres and the other of approximately 4.389 acres. The subject site is generally located southwest of the intersection of Teasley Lane and Pennsylvania Drive, in the City of Denton, Denton County, maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date (CDP Bravo, Z18-0021). STAFF HAS POSTPONED THIS ITEM TO A LATER DATE. BACKGROUND th Staff postponed this item from the November 28, 2018 Planning and Zoning Commission meeting to the December 12, 2018 Planning and Zoning Commission meeting. A new public notice will be provided when this item is scheduled for City Council. Letters of support or objection sent by citizens in response to the original public notice will be retained for inclusion in the future presentation of this case to City Council. RECOMMENDATION Staff has postponed this item. EXHIBITS 1. Agenda Information Sheet Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Sean Jacobson Assistant Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0018c,Version:1 AGENDA CAPTION HoldapublichearingandconsideranordinanceofthecityofDenton,Texas,regardingachangeinthezoning classificationfromaNeighborhoodResidential4(NR-4)zoningdistrictanduseclassificationtoa NeighborhoodResidentialMixedUse12(NRMU-12)zoningdistrictanduseclassification,withanoverlayon approximately20.7acresofland,generallylocatedwestofLaneStreetandMockingbirdLane,andnorthofthe terminusofTrailheadLane,intheCityofDenton,DentonCounty,Texas;adoptinganamendmenttothecity’s officialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;and providingforseverabilityandaneffectivedate.ThePlanningandZoningCommissionrecommendapproval(7 -0) (Z18-0018, Oak Vista Townhomes,Cindy Jackson) City of DentonPage 1 of 1Printed on 11/30/2018 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: November 6, 2018 SUBJECT Hold a public hearing and consider an ordinance of the city of Denton, Texas, regarding a change in the zoning classification from a Neighborhood Residential 4 (NR-4) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification, with an overlay on approximately 20.7 acres of land, generally located west of Lane Street and Mockingbird Lane, and north of the terminus of Trailhead Lane, in the City of Denton, Denton County, Texas; adopting an for violations thereof; and providing for severability and an effective date. The Planning and Zoning Commission recommend approval (7-0) (Z18-0018, Oak Vista Townhomes, Cindy Jackson) BACKGROUND The applicant is proposing a zoning change from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to facilitate a multifamily townhouse type development consisting of 120 town house units with a maximum density of six dwelling units per acre. The subject site is currently undeveloped. Attached as Exhibit 10 is a copy of the appli narrative. A full staff analysis of this request is provided in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Table item. 4. Deny RECOMMENDATION Staff and the Planning and Zoning Commission recommends approval of the request with a mixed use protection overlay including the following conditions: 1. The use of the site is limited to a multifamily townhouse development with a maximum permitted density of six dwelling units per acre. 2. The proposed northern access drive to McKinney Street shall be utilized as an EMS access only. PRIOR ACTION/REVIEW (Council, Boards, Commissions) October 10, 2018, the Planning and Zoning Commission recommend approval of the request to rezone the subject site from NR-4 zoning district to NRMU-12 zoning district with a mixed use protection overlay including conditions. 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. Future Land Use Map 5. Zoning Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses 8. Concept Plan 9. Notification Map and Responses 10. 11. Planning and Zoning Commission Meeting Minutes 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner FromRickBariadba 5112EdwardsRoad DentonTexas,76208 NarrativeforRezoningofOakVistaProperties August1,2018 ProjectDescription(Z18-0018;RezonetoNRMU-12,at6/acre) Theprojectis SingleFamilyHomes arrangedunderthe greaterfreedomofmulti-familyrules.Conventional, detachedSFhomeswouldbeoutofplaceconsideringtheapartmentsonthenorthandtheduplexesonthe south.Ourthinking,showninthesubmittedgraphic,isforwhatweterm“biplexes”.Theunitsarenotplannedas rentals;eachhalfisindividuallyownedratherthansingleownershipofbothsides.Unliketypicalpractice,the unitswouldnotgenerallybemirrored,symmetricalfloorplans.Ourbuilderpartnersarelookingforan opportunitytobuildaffordable,smallerhomes.AttachedwallsarepartoftheconstructionstrategyandLow ImpactDevelopmentisthesitedevelopmentapproachwethinkfitting.Multipleunitspresent twochallenges. Thebuildingcodechangesat threeunits andthesefirmsare notmultifamilybuilders.Thenaturalgradeis more than6%formuchofthesite,soslabfoundationsmustbeexpensivelystairsteppedorsmall.We’veconsidered largerstructuresonlyforlevelareas,withalimitoffourunits,ifapartnerwithmultifamilyexperiencewere interested,andtheotherpartnersdon’tobject.Asofthiswriting,itdoesn’tseemlikely. Thesharedbackyardarrangementofthestructuresisatypicalbutnecessarytomeetourgoalsofpreserving naturallandscapebeauty,fosteringinteractionwithneighbors,andcreatingapeacefulretreat.Laterinthis narrativewedisclosethehowwebelievewecanachievethiswhilehonoringtheintentofDenton’s developmentalrules.Withoutdoubtwewillneedstaff’saidinthisendeavor. Scopeofdevelopment Theprojectsiteis 20.73acres fromtwoDCADparcels,allofParcel 35430 ontheeastandmostofParcel 35433 on thewest.Theremainderof35433lieswestofadrainagechannelorpastthecurrentextentofDuchessDr.It wouldrequireacrossingwithseveralboxculvertsandtheextensionofDuchesstoserveabitlessthantwousable acresofsix.Wewillcoordinatebuildoutofourremainderwiththecomprehensivemultiusedevelopmenttothe southofthissite.Wewouldexpecttoparticipateinthecostoftheroadextensionatthattime. Wearethinkingtowaitforthecityinitiatednewzoningcodeforthissmallremainder.Sincethisportionwillbe orientedtothe futurecollector,withnootheraccess,andhaveanaturalpondbehindit,weimagine offices with asmallnaturalareaforvisualenjoymentandarelaxingplacetoeachlunchoutdoors.Wewouldwantto preserve thisuse inthenewzoning.Pleaseadviseifthisisnottheallowedinthefuturecomprehensivelanduseplan. Location/PastLandUse Thesiteisroughly500feetsouthofEastMcKinneyfromthe2700to3000block.Itiscontiguousandsouthof apartmentsunderconstruction,anestablishedchurch,anddaycarecenter/preschoollocatedonthechurch grounds.Totheimmediateeastandnortheastthereareafewolderframehousesonlandthatisreadyfor conversiontomorevaluableuse.Infact,thiswriterhasbeenadvisedofcurrentnegotiationsconcerningthesale ofafewofthoseproperties.Theareaisbuildingupandintransitionfrombeingfallowfordecades.Thelast occupationanduseofparcel35430wasbytheShuffordfamily.Notably,tothiswriteronly,thelastoccupantof thehilltophomethatwasremovedmanyyearsagowashishighschoolEnglishteacher,oneC.E.Shufford,who alreadyseemedoldwhenthis“mature”writerwasyoung!Parcel35433hasbeenfallowaboutaslong,and historically,developmenthasconsistentlypassedupthepropertiesoneastMcKinney,especiallythesouthside. Farthereastward,ontheeastsideofMockingbird,theKnollwoodApartmentswerebuiltaboutfifteenyearsago, anduntilrecentlywiththeDATCUofficeconstruction,nothingelsehasbeenbuiltatsomedistanceoffofthe arterialroads.Thereiscurrentlystronginterestinthevicinity.However,thiswriterbelievestherehavebeenno pastattemptsatrezoningforeitherofthetwoparcelsforthissite. PhysicalLandform Parcel35430,theeasterntract,ispartiallyrockywithporoussoiltoaconsiderabledepth,andiselevatedwhere thelargeOaktreesarefound.Fromthehighpointwithaviewofdowntownthegraderollsoffatroughly6-10%, withthetreesdroppinginqualityalongwiththeelevation.ThetreesatlowerelevationaremostlyHackberry and,consideringthisasaCrossTimberssite,invasivecedars.(Thereisabundantdocumentation,fromcentral TexastoOklahoma,thatremovalofcedarspromptlyrestoresthenaturalundergroundflowofinfiltrated rainwater.Typicallythelandwasoriginallywoodedwithanon-cedarunderstorybeforebeingclearedforgrazing decadesearlier.Invariably,pondsthathadgonedryonfallowedpastureland,refillwithcedarremoval. Parcel35433,thewesterntract,isdownslopewithlessopenalluvialsoilsandpecantreesalongthedrainage channelonthewest.Theeasterntractisagoodcandidateforinfiltrationusingraingardens.Holdingpondwill beplaceddownslopetocleanrunoffwaterbeforerelease.Wearegratifiedatbeingallowedtoemploythese naturaltechniquesonsite,perourpreliminaryconsultation.ThelargeOakshavebeendyingforlackofwaterand competitionfrominvasiveprivetandcedar.Wehaveremovedmuchoftheprivetandmanysmall(under6” girth)cedarsjusttomeasurethetrees.Webelievethatafterdevelopmentbettercarefrommulchingand occasionaldeepwateringwillimprovethevigorofthosematureOaks. Thepropertysouthofthewesterntractisindevelopmentalplanning.CedarElmisapredominanttreethere.Its seedsneedwetgroundtogerminate,soitisfoundinathick,brushy,juvenilestandwheretheshapedchannel endsatthissite’spropertyline.Fromtheevidentdebrislinealongthefenceitisclearthatnaturaloutflowhas becomeblockedbytrashandrecentsediments.Thishasslowedtheflowandraisedthefloodelevation.Weplan tocontacttheownerwiththeideaofremovingthisbrush.Thisshouldbetterredirecttheflowintothenatural watercourseandgivebothofusbetterutilizationoftheproperty. Question:Wouldweinvolve BobMakowski andthe drainagedepartment onthischannelclearing? Parcel433alsohassomeESAattributedtoit.WeplantocallBobtoinvestigatethisinnextweekortwo. Infrastructure PeroursubmittalforPDM18-0033thereisan8”waterlineonMcKinneytothenorthandattheendofTrailhead tothesouth.Theconnectionstobemadewiththisdevelopmentwillservetocloseavoidinthewatermaingrid. Thereissufficientcapacityandthenewdevelopmentbringsadditionalcustomerswithoutexpensiveextensions. Peroursubmittalgraphic,mostoftheseweragedrainstothesouth;fromourNWcorneritdrainstothenorth. ConsideringthecapacityandproximityofthenewDMEsubstationwearesupremelyconfidentthatelectric powerwillnotbeaproblemforthisdevelopment. Partofthestormwaterwouldbedirectedintoraingardens;forsmallerraineventsitwouldbesufficientcontrol. Initialsoiltestingshowsreadyinfiltrationinthesteeperareas,soweplantocontrolthegradientinducedvelocity upslopeandonthesurfaceasmuchaspossible.Spilloverfromlargerraineventswillbehandledviaunderground conduitandholdingponds.Ourengineer,NathanOlson,willprovidedetailsaswemoveforward. SolidWaste Aspartofourgoaltomakethedevelopmentanattractiveplacetolive,weplantopickupwasteandrecyclables withanonsitecrewthatalsohandlesthelandscapecare.Thiscrewwouldputthewasteintoacommercial dumpsteronascheduledpickup.Thiswriterspokerecentlywith KenBanks abouttherecyclablestream. Consideringourinexperience,welooktothecitytoprovideguidanceonrecyclingandtoeducatetheresidents. ItshouldbepossibletoobtainahigherlevelofcomplianceinagatedcommunitywithanHOA.Wementionthat theprofessionalmanagementgroupwehavespokenwithprovidesfullservicetosimilarcommunitiesandwill providedirectcontacttothecitytoinsureadherencetoefficientrecyclingpractices. TrafficCirculation TheonlyroadthatfeedsthesiteisTrailhead.Perdiscussionfor PDM18-0033,therewillalsobeanemergency entranceonthenorth.Mostvehicletripswouldbeforjobcommutingandtoshoppingtothesouth.Certainly sometripswouldbetovisit,shop,orworkonthenorthwestortodowntown.Forthisreasonwewanttoprovide an exitonly pathonthenorth.Thiswouldinvolvethesamemarkeddrivelaneusedpresentlybythechurchand onrareoccasionbyemergencyvehicles.Thisoccasionalusewouldnotforcethechurchtoalteritsparkinglotas wouldconversiontoafullcitystreet.TheexitnaturallybecomeslessusefulwhenDuchessiscompletedto WoodrowandMockingbirdconnectsfromMcKinneytoDuchess. PedestrianCirculation Bothofourentrieswillhaveturnstileopeningsforpedestrians.Insidethedevelopmentitselfwehaveplannedfor extensivetrailsthatallow moredirect pathwaystothecentralpoolandwoodedareasonsite.Pathwaysacross thedrainagechannelallowalongerhiketotheexistingpondandthefutureofficesoverlookingit.Weimagine thatsomefolkswouldwalktoworkiftheycould.Notethatweproposeasidewalkon onlyone sideofthestreet. Wearecertainthatmostpeoplewillwalktotheinternaltrailsattheearliestopportunitywhentheyplanastroll. Howusefulcanasecondparallelfootpathactuallybewhentheinternalshortcutwouldbepreferred? OpenSpace Openspaceiscentraltothisdesign.Openfencesareusedtoextendtheviewandthereareabout4acresof recreationalspacewithoutcountingthepondareasasiscustomary.Greenareathatisnotroadsidebutstill walkable,plusthepondswouldbeclosetodoublethat.Oaktreepreservationiseasilythehighestenvisioned.We willsubmitalternativetreepreservationplansafterweprocesstheclose-upphotosfromthedroneflight. HowtoApprovethisSitePlan? Atthispointweaddressthenaysayers,whochargethatthedrawingssubmittedarefluffforzoningapproval. th Thissiteplanisdetailed,accurate,the4versionofsimilarideas,andrepresents hundredsofman-hours.Asthe densityaroundusismuchhigheronthenorthwecouldaskforNRMU-12,atadensityofsay9/acre,regradethe areasatadistancefromtheneighbors,andbuildstackedupmultifamilystructures.Itwouldbeeasiertoapprove andconfinestheconstruction.Notbad,butnotasgracious,or asneeded inourmarket. Wemaybewrong,butwethinkthereisacryingneedforownershipofsmallhomes,inanaturalenvironment, withthechoresdonebypros.Dentonhasn’tapprovedrulesthatdirectlyallowthisneighborlyarrangement,so wearesubmittingundermultifamilyrulesfor“bi-plex”tofourplexcondominiums.Wewanttoprotectthetrees bydoingtheearthworkincoldweather.Wewillsurelyneedstaffadvicetogetthisdone. RickBaria C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Rick Baria representing Linken Real Estate L.P. to rezone a site from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district. The approximately 20.7 acre site is generally located west of Lane Street and Mockingbird Lane, and north of the terminus of Trailhead Lane, in the City of Denton, Denton County, Texas. (Z18-0018, Oak Vista, Cindy Jackson). Chair Rozell opened the Public Hearing. Cindy Jackson, Senior Planner, presented public hearing item 3C. Jackson stated the applicant is purposing a townhome development. Staff recommends approval of the request with a mixed use protection overlay including the following conditions: 1.The use of the site is limited to a multifamily townhouse development with a maximum permitted density of six dwelling units per acre. 2. The proposed northern access drive to McKinney Street shall be utilized as an EMS access only. The following individual spoke during the Public Hearing: Rick Baria, 5112 Edward Rd, Denton, Texas 76201. Supports this request. Rick Baria, the applicant, presented a presentation regarding the property in question. Chair Rozell closed the Public Hearing. Commissioner Larry Beck motioned, Commissioner Tim Smith seconded to approve Public Hearing item 3C with the following conditions: 1. the use of the site is limited to townhouse development with a maximum permitted density of six dwelling units per acre. 2. The proposed northern access drive to McKinney Street shall be utilized as an EMS access only. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 4. PLANNING & ZONING COMMISSION PROJECT MATRIX A. Planning and Zoning Commission Project Matrix. Richard Cannone, Deputy Director of Development Services, provided an updated to the matrix items. The Commission added no future items. Chair Rozell closed the Regular Meeting at 7:12 p.m. Ѝ Aye Nay Abstain Absent ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ Exhibit A Legal Description Exhibit B Planning Report Z18-0018/Oak Vista Townhomes City Council District #1 December 4, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, regarding a change in the zoning classification from a Neighborhood Residential 4 (NR-4) zoning district and use classification to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification with an overlay on approximately 20.7 acres of land generally located west of Lane Street and Mockingbird Lane, and north of the terminus of Trailhead Lane in the City 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 recommend approval (Z18-0018, Oak Vista Townhomes, Cindy Jackson). This item was continued from the November 6, 2018 City Council meeting. OWNER: Linken Real Estate L.P. APPLICANT: Rich Baria BACKGROUND: The applicant, Rick Baria representing Linken Real Estate L.P., is requesting to rezone approximately 20.7 acres from a Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district, pursuant to the development of the site with a multifamily development containing 120 townhouse type units with a gross density of approximately six dwelling units per acre. The purpose of the NRMU-12 zoning district is to promote Neighborhood Mixed Use Activity Centers, as described in Denton Plan 2030. These activity centers would primarily allow a mix of retail, office, and moderate density residential to serve their surrounding single-family neighborhoods. NRMU-12 may also serve as transitions between neighborhoods and non- residential zoning districts. This site serves as a transition between the more intense uses located along McKinney Street and the single family duplexes to the south. SITE DATA: The subject property, located at the northern terminus of Trailhead Lane, includes two tracts of land which are undeveloped and unplatted. The proposed development will occupy the entire eastern tract and the northern half of the western tract of land, leaving the southern portion for future development. The site will take access from Trailhead Lane, and provide EMS access to the site from McKinney Street to the north. The site has a grade change of approximately 28 feet (6%) as measured from the perimeter of the site to the highest location in the north-central portion of the site. The site is heavily treed, and the applicant intends to preserve as many trees as possible as an amenity for the community. A minimum of 12.5% of all protected trees are required to be preserved per Table 35.13.7.B. As seen on the concept plan in Exhibit 8, the applicant intends to develop the site to accommodate both the grade differences and at the same time maximize tree preservation on the site. There is the possibility that Riparian ESA may be located on the western portion of the site. An ESA assessment will be required prior to development approval. The purpose of the requested NRMU-12 zoning district is to facilitate the development of single family townhomes on a one lot, rather than the typical development pattern of each townhome being located on a separate lot. The absence of the separate townhome lots causes the proposed development is considered to be multifamily per the Denton Development Code. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: NRMU-12, and Zoning: NR-4 and NRMU-12 Zoning: NR-4 NRMU Use: Grace Point Church and Use: Single Family Use: DME electrical Bellaire Academy, and future Residential transformer site. site of Majestic on McKinney apartments. West: East: Zoning: NR-4 Zoning: NR-4 & NR-6 Use: Undeveloped Use: Single Family SUBJECT PROPERTY Residential and undeveloped land. Southwest: South: Southeast: Zoning: NR-4 Zoning: NR-6 Zoning: NR-6 Use: Undeveloped Remainder Use: Single Family Duplexes Use: Single Family Duplexes of western tract of subject site. (Longhorn Cove). (Longhorn Cove) and associated recreational area. CONSIDERATIONS: 1. Section 35.3.4 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. Per the Future Land Use Map in Denton Plan 2030, the subject property is promote single- established single-family neighborhoods. The density of Moderate Residential should range between four to twelve units per acre. Low-rise multifamily dwellings and townhomes may also be located in these areas so long as they maintain a scale, style, and building orientation complementary of the prevailing character of the area. This designation typically applies to areas within the central areas of Denton as a transition between established single-family neighborhoods and mixed-use or commercial areas that can accommodate greater density. As previously mentioned, this site is a provides a good transition between the more intensive uses located along McKinney Street and the single family duplexes located to the south of the subject site. The proposed density of six dwelling units per acre is also provides a transition between the apartments to the north (Majestic on McKinney) which have a gross density of 19 dwelling units per acre and the Longhorn Cove duplex subdivision to the south, which has a gross density of 3.2 dwelling units per acre. The proposed NRMU-12 zoning district is compatible with the Future Land Use designation of Moderate Residential. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewer, schools, parks, other public requirements, and public convenience. Trailhead Lane is a local street which connects with Duchess Drive, a two-lane collector street with an ultimate right-of-way width of 65-feet. Duchess Drive then connects to Loop 288. Utility service is available to the site. Water service is available from an existing 8- inch line located at both Trailhead Lane and South Mockingbird Lane. Wastewater is also available from an existing 8-inch line located at both Trailhead Lane and South Mockingbird Lane, as well from an existing ten-inch line located in Lane Street to the east. drainage, and infrastructure requirements. In addition, the development will be required to comply with all tree preservation requirements. 2. As previously noted, the proposed townhouse development can provide an excellent transition/buffer between the single-family duplex subdivision to the south and the commercial/institutional development located along McKinney Street. RECOMMENDATION The Planning and Zoning Commission recommends approval of the request with a mixed use protection overlay including the following conditions: 1. The use of the site is limited to a multifamily townhouse development with a maximum permitted density of six dwelling units per acre. 2. The proposed northern access drive to McKinney Street shall be utilized as an EMS access only. Staff recommends approval of the request with a mixed use protection overlay including the following conditions: 1. The use of the site is limited to a multifamily townhouse development with a maximum permitted density of six dwelling units per acre. The proposed northern access drive to McKinney Street shall be utilized as an EMS access PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 14 notices were sent to property owners within 200 feet of the subject property, 52 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. One response has been received in favor of this request representing 0.5% of the area located within 200-feet of the subject site. The applicant held a neighborhood meeting on September 27, 2018 to which four property owners attended. The only concern noted was regarding the northern access, which was originally proposed for use by the general population. The northern access was revised to EMS access only in response to this concern. Z18-0018 Site Location KINGFISHER MARKET 426 " ) 02555101,020 Feet SITE µ Parcels Roads Date: 8/22/2018 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. Z18-0018 Future Land Use Map KINGFISHER Parks / Open Space MARKET Low Residential 426 " ) Community Mixed Use Moderate Residential Business Innovation 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: 8/22/2018 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. Z18-0018 Existing Zoning Map NR-3 KINGFISHER NR-4 MARKET 426 " ) NR-2 NRMU NRMU-12 NR-6 CM-G CM-E EC-C EC-I 02555101,020 Feet SITECM-EEC-INR-4 µ CM-GNR-2NR-6 Parcels EC-CNR-3NRMU Roads NRMU-12 Date: 8/22/2018 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. Z18-0018 Proposed Zoning Map NR-3 KINGFISHER NR-4 MARKET 426 " ) NR-2 NRMU NRMU-12 NR-6 CM-G CM-E EC-C EC-I 02555101,020 Feet SITECM-EEC-INR-4 µ CM-GNR-2NR-6 Parcels EC-CNR-3NRMU Roads NRMU-12 Date: 8/22/2018 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. Exhibit 7 Comparison of Permitted Uses bwΏЍbwa ΏЊЋ wĻƭźķĻƓƷźğƌ ƭĻƭ Agriculture PP Livestock L(7)L(7) Single-family Dwellings PP Accessory Dwelling Units SUP/L(1)L(1) Attached Single-family Dwellings SUPP Dwellings above Businesses NP Live/Work Units NP Duplexes L(3)P Community Homes for the Disabled PP Group Homes NSUP Multi-family Dwellings NL(4) Fraternity or Sorority House NSUP Dormitory NSUP Manufactured Housing Developments NN bwΏЍbwa ΏЊЋ /ƚƒƒĻƩĭźğƌ \[ğƓķ ƭĻƭ Home Occupation PP Sale of Products Grown on Site NN Hotels NN Motels NN Bed and Breakfast NL(10) Retail Sales and Service NL(15) Movie Theaters NN Restaurant NN Private Club NN Bar NN Drive-Through Facility NN Professional Services and Offices NL(14) Quick Vehicle Servicing NN Vehicle Repair NN Auto and RV Sales NN Laundry Facilities NP Equestrian Facilities NN Outdoor Recreation PSUP Indoor Recreation NN Major Event Entertainment NN Commercial Parking Lots NN Exhibit 7 Comparison of Permitted Uses Administrative or Research Facilities NN Broadcasting or Production Studio NN Sexually Oriented Business NN Self-service Storage NN Temporary Uses L(38)L(38) Craft Alcohol Production bwΏЍbwa ΏЊЋ LƓķǒƭƷƩźğƌ \[ğƓķ ƭĻƭ Printing/Publishing NN Bakeries NN Manufacture of Non- Odiferous Foods NN Feed Lots NN Food Processing NN Light Manufacturing NN Heavy Manufacturing NN Wholesale Sales NN Wholesale Nurseries NN 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 NN Veterinary Clinics NN Sanitary Landfills, Commercial Incineratiors, Transfer Stations NN Compressor Stations NN Craft Alcohol Production NN Gas Wells L(27)L(27) bwΏЍbwa ΏЊЋ LƓƭƷźƷǒƷźƚƓğƌ \[ğƓķ ƭĻƭ Basic Utilities L(25)L(25) Community Service NP Parks and Open Space PP Churches PP Semi-Public Halls, Clubs, and Lodges SUPL(15) Business/Trade School NN Exhibit 7 Comparison of Permitted Uses Adult or Child Day Care SUPP Kindergarten, Elementary School SUPP Middle School NP High School NN Colleges NN Conference/Convention Centers NN Hospital NN Elderly Housing NL(13) Medical Centers NN Cemeteries NN Mortuaries NN WECS (freestanding monopole) SUPSUP WECS (building mounted) SUPSUP Electric Substations & Switch Stations L(43)L(43) Basic Utilities bwΏЍbwa ΏЊЋ DĻƓĻƩğƌ wĻŭǒƌğƷźƚƓƭ Minimum Lot Area (square feet) 7,0003,500 Maximum Density 412 Maximum FAR Maximum Lot Coverage 60%60% Minimum Landscaped Area 40%40% Maximum Building Height 40 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. \[ΛЌΜ In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common wall if the lots which contain the attached structures do not abut the perimeter lot lines of a subdivision, the individual common wall units are on separate lots designed to be sold individually, and they comply with Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. \[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. Exhibit 7 Comparison of Permitted Uses \[ΛЊЍΜ= Uses are limited to no more than 10,000 square feet of gross floor area. \[ΛЊЎΜ Uses are limited to no more than 5,000 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. \[ ΛЌБΜ= Must meet the requirements of Section 35.12.9. \[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: 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: All Electric Substations or Switch Stations shall comply with the following development requirements: Z18-0018 Notification Map KINGFISHER MARKET 426 " ) 500ft Buffer 200ft Buffer 3200 E. McKinney St 02555101,020 Feet SITE In Favor µ Parcels Neutral Roads Opposed Date: 10/10/2018 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 #:Z18-0014b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromPlannedDevelopment115DistricttoaRegionalCenter CommercialDowntown(RCC-D)Districtonapproximately9.08acresoflandgenerallylocatedonthesouth sideofUSHighway77/NorthElmStreet,approximately450feetsoutheastofNorthLoop288intheCityof Denton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;andprovidingforseverabilityandan effectivedate.ThePlanningandZoningCommissionvoted7-0toapprovetherequest.(Z18-0014,Commercial Rezoning, Julie Wyatt) City of DentonPage 1 of 1Printed on 11/30/2018 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: December 4, 2018 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Planned Development 115 District to a Regional Center Commercial Downtown (RCC-D) District on approximately 9.08 acres of land generally located on the south side of US Highway 77/North Elm Street, approximately 450 feet southeast of North Loop 288 in the City of Denton, Denton County, Texas; adopting an amendment to the C map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for severability and an effective date. The Planning and Zoning Commission voted 7-0 to approve the request. (Z18-0014, Commercial Rezoning, Julie Wyatt) BACKGROUND The applicant, Corwin Engineering, is requesting approval of a zoning change from Planned Development 115 (PD 115) District to a Regional Center Commercial Downtown (RCC-D) District. The Concept Plan for PD-115 District, which was approved in May 1986, originally contemplated general retail, research laboratories, engine and motor repair, wholesale office, or sample room uses on the subject property. In 2004, the Concept Plan was modified to permit churches and related facilities. The Detailed Plan, approved in April 2004, further refined development of the site, delineating the construction phasing, landscaping, building orientation, parking, and building elevations. permitted uses and development standards outlined in the Concept and Detailed Plans have remained in effect since their approval in 2004; however, the site was never developed as proposed. Any development inconsistent with the approved plans requires either an amendment to the Concept and Detailed Plans or a rezoning to one of the districts described in the Denton Development Code (DDC). Since the proposed mixed-use development does not conform to the approved plans, rather than amend the Planned Development, the applicant has requested to rezone the subject property to RCC- D District. 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 recommended approval of this request. The Planning and Zoning Commission recommended approval of this request \[7-0\]. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The request was originally scheduled for a public hearing and consideration by City Council on th City Council meeting. On October 10, 2018 the Planning and Zoning Commission held a public hearing and recommended approval of the request \[7-0\]. During the Work Session discussion of the item, the Commissioners discussed the future alignment of North Bonnie Brae and its effect on the subject site. Staff informed the Commission that although the final alignment has not been determined, the roadway is anticipated to track to the east, potentially reducing the right-of-way dedication requirements for development of property. At the public hearing, staff presented an analysis of the proposed rezoning with a recommendation of approval. No other members of the public spoke at the public hearing. 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. Existing Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Proposed Permitted Uses 8. Notification Map and Responses 9. Presentation 10. October 10, 2018 Planning and Zoning Commission Meeting Minutes 11. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Julie Wyatt Senior Planner Њ Ћ Minutes Ќ Planning and Zoning Commission Ѝ October 10, 2018 Ў Џ After determining that a quorum was present, the Planning and Zoning Commission of the City of А Denton, Texas convened in a Work Session on Wednesday, October 10, 2018 at 4:30 p.m. in the Б Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the В following items were considered: ЊЉ ЊЊ PRESENT: Chair Andrew Rozell, Commissioners: Alfred Sanchez, Larry Beck, Jason ЊЋ Cole, Mat Pruneda, Tim Smith and Margie Ellis. ЊЌ ЊЍ ABSENT: None. ЊЎ ЊЏ STAFF: Cathy Welborn, Karen Hermann, Hayley Zagurski, Ron Menguita, Richard ЊА Cannone, Julie Wyatt, Sean Jacobson, and Jerry Drake. ЊБ ЊВ ЋЉ WORK SESSION ЋЊ ЋЋ 1.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity ЋЌ for Commissioners to ask questions of staff on the Consent and Regular Agenda items, ЋЍ which may include a full briefing on an item in the order it appears on the regular session ЋЎ agenda. Any such briefing will be repeated in regular session. ЋЏ ЋА Chair Rozell opened the Work Session at 4:39 p.m. ЋБ ЋВ Chair Rozell stated Public Hearing item 3A is being postponed to a later date. ЌЉ ЌЊ Julie Wyatt, Senior Planner, presented Public Hearing item 3B. Wyatt stated Staff recommends ЌЋ approval of the request as it is compatible with the surrounding property and is consistent with the ЌЌ goals and objectives of the Denton Plan 2030. ЌЍ ЌЎ Commissioner Smith questioned when the decision is made on the roadway alignment could ЌЏ eminent domain be used to claim land to allow for the alignment. Wyatt stated if properties along ЌА the alignment are platting there may be right-of-way dedication which is part of the development ЌБ process. ЌВ ЍЉ Cindy Jackson, Senior Planner, presented Public Hearing item 3C. Jackson stated the applicant is ЍЊ purposing a townhome development. Staff recommends approval of the request with a mixed use ЍЋ protection overlay including the following conditions: 1.The use of the site is limited to a ЍЌ multifamily townhouse development with a maximum permitted density of six dwelling units per ЍЍ acre.2. The proposed northern access drive to McKinney Street shall be utilized as an EMS access ЍЎ only. ЍЏ Њ Њ 3.PUBLIC HEARINGS Ћ Ќ A.Hold a public hearing and consider making a recommendation to City Council regarding Ѝ a request by Glory of Zion for a Specific Use Permit to allow for a multi-family residential Ў use as part of a mixed-use development on approximately 31 acres. The property is Џ generally located on the north side of Windsor Drive, east of the I-35 N frontage road in А the City of Denton, Denton County, Texas. (S18-0008, Windsor Drive Apartments, Hayley Б Zagurski). В ЊЉ Chair Rozell stated Public Hearing item 3A is postponed. ЊЊ ЊЋ B.Hold a public hearing and consider making a recommendation to City Council regarding ЊЌ a request by Corwin Engineering for a zoning change from Planned Development 115 ЊЍ District to a Regional Center Commercial Downtown (RCC-D) District. The 9.08-acre site ЊЎ is generally located on the south side of US Highway 77/North Elm Street, approximately ЊЏ 450 feet southeast of North Loop 288, in the City of Denton, Denton County, Texas. (Z18- ЊА 0014, Commercial Rezoning, Julie Wyatt). ЊБ ЊВ Commissioner Rozell opened the Public Hearing. ЋЉ ЋЊ Julie Wyatt, Senior Planner, presented Public Hearing item 3B. Wyatt stated Staff recommends ЋЋ approval of the request as it is compatible with the surrounding property and is consistent with the ЋЌ goals and objectives of the Denton Plan 2030. ЋЍ ЋЎ Chair Rozell closed the Public Hearing. ЋЏ ЋА Commissioner Tim Smith motioned, Commissioner Alfred Sanchez seconded, to approve Public ЋБ Hearing item 3B. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner ЋВ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner ЌЉ Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЌЊ ЌЋ C.Hold a public hearing and consider making a recommendation to City Council regarding ЌЌ a request by Rick Baria representing Linken Real Estate L.P. to rezone a site from a ЌЍ Neighborhood Residential 4 (NR-4) zoning district to a Neighborhood Residential Mixed ЌЎ Use 12 (NRMU-12) zoning district. The approximately 20.7 acre site is generally located ЌЏ west of Lane Street and Mockingbird Lane, and north of the terminus of Trailhead Lane, ЌА in the City of Denton, Denton County, Texas. (Z18-0018, Oak Vista, Cindy Jackson). ЌБ ЌВ Chair Rozell opened the Public Hearing. ЍЉ ЍЊ Cindy Jackson, Senior Planner, presented public hearing item 3C. Jackson stated the applicant is ЍЋ purposing a townhome development. Staff recommends approval of the request with a mixed use ЍЌ protection overlay including the following conditions: 1.The use of the site is limited to a ЍЍ multifamily townhouse development with a maximum permitted density of six dwelling units per ЍЎ acre.2. The proposed northern access drive to McKinney Street shall be utilized as an EMS access ЍЏ only. Ќ S:\\Legal\\Our Documents\\Ordinances\\18\\Z18-0014.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM PLANNED DEVELOPMENT 115 DISTRICT TO A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) DISTRICT ON APPROXIMATELY 9.08 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF US HIGHWAY 77/NORTH ELM STREET, APPROXIMATELY 450 FEET SOUTHEAST OF NORTH LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, AP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (Z18-0014) WHEREAS, Maciley Enterprises, L.P., has applied for a zoning change on approximately 9.08 acres of la WHEREAS, on October 10, 2018, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval 7-0 of the change in zoning district and use classification; and WHEREAS, on November 6, 2018, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Planned Development 115 District to Regional Center Commercial Downtown (RCC-D) District. SECTION 3. hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by __________________________ and seconded by _________________________________, the ordinance was passed and approved by the following vote \[___ - ___\]: Aye Nay Abstain Absent Chris Watts, Mayor: ______ ______ ______ ______ Gerard Hudspeth, District 1: ______ ______ ______ ______ Keely G. Briggs, District 2: ______ ______ ______ ______ Don Duff, District 3: ______ ______ ______ ______ John Ryan, District 4: ______ ______ ______ ______ Deb Armintor, At Large Place 5: ______ ______ ______ ______ Paul Meltzer, At Large Place 6: ______ ______ ______ ______ PASSED AND APPROVED this the _________ day of _____________________, 2018. _______________________________________ CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated in the N. Wade Survey, Abstract Number 1407, in the City of Denton, Denton County, Texas, being part of a called 9.080 acre tract of land described in a deed to Maciley Enterprises, LP, recorded in Instrument 2014-67194, in the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod with aluminum TxDOT cap found at the southeast corner of said Maciley tract, being the north line of a called 230.287 acre tract of land described in a deed to Braewood Partners, Ltd., recorded in Volume 4521, Page 345, in said Deed Records, and being in the west line of Bonnie Brae Street (variable width right-of-way); THENCE North 89 degrees 59 minutes 56 seconds West, with the south line of said Maciley tract and the north line of said Braewood tract, a distance of 812.72 feet to a 1/2-inch iron rod with red cap stamped "PJB SURVEYING" set at the southwest corner of said Maciley tract, being the southeast corner of a called 23.6775 acre tract of land described as Tract 1 in a deed to Hillwood Investment Land, LP, recorded in Volume 4219, Page 2150, of said Deed Records; THENCE North 00 degrees 34 minutes 42 seconds East, with the west line of said Maciley tract and the east line of said Tract 1, a distance of 736.49 feet to a 5/8-inch iron rod with aluminum TxDOT cap found at the northwest corner of said Maciley tract, being in the east line of said Tract 1 and in the southwest line of US Highway 77, also called North Elm Street (variable width right- of-way); THENCE South 58 degrees 50 minutes 50 seconds East, with the northeast line of said Maciley tract and the southwest line of said US 77, a distance of 28.60 feet to a 5/8-inch iron rod with aluminum TxDOT cap found; THENCE South 70 degrees 27 minutes 32 seconds East, continuing with said northeast and southwest lines, a distance of 100.00 feet to a 1/2-inch iron rod with red cap stamped "PJB SURVEYING" set; THENCE South 58 degrees 45 minutes 32 seconds East, continuing with said northeast and southwest lines, a distance of 563.82 feet to a 1/2-inch iron rod found; THENCE South 44 degrees 41 minutes 32 seconds East, continuing with said northeast and southwest lines, a distance of 76.75 feet to a 1/2-inch iron rod with red cap stamped "PJB SURVEYING" set in the west line of said Bonnie Brae Street; THENCE South 25 degrees 08 minutes 35 seconds East, with the east line of said Maciley tract and with said west line of Bonnie Brae Street, a distance of 349.49 feet to a 5/8-inch iron rod with aluminum TxDOT cap found; THENCE South 04 degrees 42 minutes 34 seconds East, continuing with the east line of said Maciley tract and the west line of said Bonnie Brae Street, a distance of 24.96 feet to the POINT OF BEGINNING and containing 9.077 acres of land. Planning Report Z18-0014/Commercial Rezoning City Council District #3 City Council December 4, 2018 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from Planned Development 115 District to a Regional Center Commercial Downtown (RCC-D) District on approximately 9.08 acres of land generally located on the south side of US Highway 77/North Elm Street, approximately 450 feet southeast of North Loop 288 in the City of Denton, Denton County, Texas; amount of $2,000.00 for violations thereof; and providing for severability and an effective date. The Planning and Zoning Commission voted 7-0 to approve the request. (Z18-0014, Commercial Rezoning, Julie Wyatt) BACKGROUND: The applicant, Corwin Engineering, is requesting approval of a zoning change from Planned Development 115 (PD 115) District to a Regional Center Commercial Downtown (RCC-D) District on a 9-acre tract. The Concept Plan for PD-115 District, which was approved in May 1986, originally contemplated general retail, research laboratories, engine and motor repair, wholesale office, or sample room uses on the subject property. In 2004, the Concept Plan was modified to permit churches and related facilities. The Detailed Plan, approved in April 2004, further refined development of the site, delineating the construction phasing, landscaping, building orientation, parking, and building elevations. Detailed Plans have remained in effect since their approval in 2004; however, the site was never developed as proposed. Any development inconsistent with the approved plans requires either an amendment to the Concept and Detailed Plans or a rezoning to one of the districts described in the Denton Development Code (DDC). Since the proposed mixed-use development does not conform to the approved plans, rather than amend the Planned Development, the applicant has requested to rezone the subject property to RCC-D District. SITE DATA The site is a nine-acre undeveloped tract with approximately 700 feet of frontage along US Highway 77/North Elm Street. Currently, development of the property is restricted to the th provisions included in the Detailed Plan approved on April 6, 2004. The plan specified a 10,000 square foot building and 49 parking spaces to accommodate a religious facility and accessory uses such as a private school or day care. Land adjacent to the subject property is undeveloped and is zoned with a mix of districts, including RCC-D, RCC-N, PD 115, and PD 142 Districts. Area to the south of the subject property is governed by PD 115 District, and a proposed single-family residential development is currently under review by staff. Planned Development 142 District to the west permits a variety of retail, office, light industrial, and multi-family uses. Beyond the immediate surrounding property, area development includes the University of North Texas Discovery Park, the G. Roland Vela Athletic Complex, moderate- to high-density residential development, and the future Denton High School building on North Bonnie Brae. Surrounding Zoning and Land Uses: Northwest: North: Northeast: Zoning : RCC-D & RCC-N Zoning : RCC-D Zoning : RCC-D & RCC-N Land Use: Undeveloped Land Use: Undeveloped Land Use: Undeveloped West: East: Zoning : RCC-D Zoning : RCC-D SUBJECT PROPERTY Land Use: Undeveloped Land Use: Undeveloped Southwest: South: Southeast: Zoning : PD 115 Zoning : PD 115 Zoning : RCC-D Land Use: Undeveloped Land Use: Undeveloped Land Use: Undeveloped 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. While 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. The subject proximity to existing and future residential and institutional centers suggests that complementary commercial and higher-density residential uses as outlined in the Business Innovation development criteria are suitable in this location. Approval of RCC-D District would permit uses such as retail, hotel, restaurant, and quick vehicle servicing necessary to support upcoming growth in the area. Employment uses such as offices and limited light industrial are also permitted. Furthermore, US Highway 77/North Elm Street provides the access and visibility necessary for retail and other commercial development. The proposed rezoning is a logical extension of the existing zoning pattern, and the permitted uses and development scale associated with RCC-D District will enable consistent development along the North Loop 288 and US Hwy 77/North Elm Street corridor. This consistency includes compatible uses and harmonious building heights and lot coverage, reducing the potential for nuisances and visual impacts. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. As part of the requested rezoning, the applicant provided a trip-generation analysis. The scope of the analysis anticipates a mixed use build-out for the entire 32 acres on the southwest corner of US Highway 77/North Elm Street and Loop 288, including the 9-acre subject property. Development assumptions include 400 units of multi-family dwellings and 122,000 square feet of retail with associated parking. According to the Institute of Transportation Engineers Trip Generation Manual th 10 Edition, the proposed development would generate 9,886 trips during a 24- hour weekday. Morning peak hour traffic would generate 391 trips and Evening peak hour would generate 833 trips. This potential commercial development and upcoming projects in the general area, including the future Denton High School, the G. Roland Vela Athletic Complex, and several residential developments, will impact mobility surrounding the subject site. In response, the City, in cooperation with Denton Independent School District and the North Central Texas Council of Governments, is moving forward with plans to improve North Bonnie Brae. The Bonnie Brae project includes roadway capacity and safety improvements, storm water improvements, and utility improvements/relocations from Vintage Boulevard extending north to Loop 288. Specifically, Bonnie Brae will be reconstructed as a four-lane divided arterial. The segment between University and Loop 288 is currently under design and is anticipated to begin construction in late 2019. The target completion is late 2021 to coincide with the opening of Denton High School. drainage, and infrastructure requirements at time of platting. RECOMMENDATION: Staff recommended 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. The Planning and Zoning Commission recommended approval of this request \[7-0\]. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, six notices were sent to property owners within 200 feet of the subject property, four 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. Z18-0014 Site Location 77 £ ¤ 02555101,020 Feet SITE µ Parcels Roads Date: 7/10/2018 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. Z18-0014 Existing Zoning Map MPC RD-5X RCC-N 77 £ ¤ RCC-D PD NR-2 NRMU-12 NRMU 02555101,020 Feet SITEMPCNRMU-12RCC-N µ NR-2PDRD-5X Parcels NRMURCC-D Roads Date: 7/10/2018 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. Z18-0014 Future Land Use Map Rural Areas Moderate Residential Commercial Business Innovation 77 £ ¤ BEALL Government / Institutional Low Residential Parks / Open Space 03857701,540 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Rural Areas Parcels Commercial Low Residential Roads Government / Institutional Moderate Residential Parks / Open Space Community Mixed Use Date: 7/10/2018 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. Z18-0014 Proposed Zoning Map MPC RD-5X RCC-N 77 £ ¤ RCC-D PD NR-2 NRMU-12 NRMU 02555101,020 Feet SITEMPCNRMU-12RCC-N µ NR-2PDRD-5X Parcels NRMURCC-D Roads Date: 7/10/2018 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 ƭĻƭ w//Ώ5 wĻƭźķĻƓƷźğƌ ƭĻƭ Accessory Dwelling UnitsN Agriculture P Attached Single-family DwellingsP Community Homes for the Disabled P DormitoryN Duplexes N Dwellings above BusinessesP Fraternity or Sorority House N Group HomesSUP Live/Work Units P LivestockL(7) Manufactured Housing Developments N Multi-family DwellingsL(4) Single-family Dwellings N w//Ώ5 /ƚƒƒĻƩĭźğƌ \[ğƓķ ƭĻƭ Administrative or Research Facilities P Auto and RV SalesP Bar P Bed and BreakfastP Broadcasting or Production Studio P Commercial Parking LotsP Drive-Through Facility P Equestrian FacilitiesP Home Occupation P HotelsP Indoor Recreation P Laundry FacilitiesP Major Event Entertainment SUP MotelsN Movie Theaters P Outdoor RecreationN Private Club P Professional Services and OfficesP Quick Vehicle Servicing P RestaurantP Retail Sales and Service P Sale of Products Grown on SiteN Self-service Storage N Sexually Oriented BusinessN Temporary Uses L(38) Vehicle RepairP w//Ώ5 LƓķǒƭƷƩźğƌ \[ğƓķ ƭĻƭ BakeriesP Compressor Stations N Construction Materials SalesN Craft Alcohol Production L(12) Distribution Center/Warehouse, GeneralN Feed Lots N Food ProcessingN Gas Wells L(27) Heavy ManufacturingN Junk Yards and Auto Wrecking N KennelsN Light Manufacturing L(23) Manufacture of Non-Odiferous FoodsN Printing/Publishing N Sanitary Landfills, Commercial Incineratiors, Transfer Stations N Self-Service StorageN Veterinary Clinics P Warehouse, RetailL(13) Wholesale Nurseries N Wholesale SalesN Wrecker Servcies and Impound Lots N w//Ώ5 LƓƭƷźƷǒƷźƚƓğƌ \[ğƓķ ƭĻƭ Adult or Child Day Care P Basic UtilitiesSUP Business/Trade School P CemeteriesN Churches P CollegesP Community Service P Conference/Convention CentersP Elderly Housing P Electric Substations & Switch StationsL(43) High School P HospitalP Kindergarten, Elementary School N Medical CentersP Middle School P MortuariesP Parks and Open Space P Semi-Public Halls, Clubs, and LodgesP WECS (building mounted) SUP WECS (freestanding monopole)SUP w//Ώ5 DĻƓĻƩğƌ wĻŭǒƌğƷźƚƓƭ Minimum Lot Area (square feet)none Maximum Density 100 Maximum FAR3 Maximum Lot Coverage 90% Minimum Landscaped Area10% Maximum Building Height 100 feet 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(12) = On-premise consumption or retail sales and shall limit the use to no more than ten thousand (10,000) square feet of gross floor area for production, bottling, packaging, storing, and other manufacturing related activities, and additional square L(13) = Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(23) = Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. L(27) = Must comply with the provisions of Subchapter 89, Gas Well Drilling and Production. 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. Z18-0014 Notification Map 77 £ ¤ 200ft Buffer 500ft Buffer 02555101,020 Feet SITE µ Parcels Roads Date: 7/10/2018 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. • r', • • • r', #; 1= #; ! �t ! •; • �: • , #; t�; � +�1 t1 � ! ! � ! 1= � �; � t�; � • � • � ! t1 I � � ! ! • • r � • "1 • • ! r �- # • ! # � � ! # • � I t� � +�1; �; l, �; • I' � !'' •; I'' !' � •