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2019-04-02 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-734,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingthe2019WaterConservationPlanand the Drought Contingency Plan of the City of Denton, Texas. City of DentonPage 1 of 1Printed on 3/29/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Water Utilities CM/ DCM/ ACM: Mario Canizares DATE: April 2, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the 2019 Water Conservation Plan and the Drought Contingency Plan of the City of Denton, Texas. BACKGROUND Due to limited water resources available within the state, the Texas Water Development Board (TWDB) requires the City of Denton to update its Water Conservation and Drought Contingency Plan prior to May 1, 2019. The plan was last updated in 2014 and adopted by way of ordinance 2014-109. Staff has drafted minor changes to this plan and seeks a recommendation for approval from the Public Utilities Board and adoption by ordinance by City Council. e Texas Natural Resources Conservation Commission (TNRCC). An update was adopted in 2005 following Texas Commission on Environmental Quality (TCEQ) rules which provided further direction. In 2009, TWDB rules required public utilities which provide water service to 3,300 or more connections to adopt such a plan at that time and once every five years thereafter. Subsequent TWDB rules required any entity with surface water rights to do the same, and Denton updated its plan accordingly in 2009, 2011, and 2014. An update to the plan is due on May 1, 2019 in accordance with TWDB rules. updated using a five-year rolling average Gallons Per Capita per Day (GPCD) method, calculating by is 140GPCD, which is considered aggressive for our climate and environment. Denton reached this target in its current 5 year average, however wet weather significantly influenced water use during these years. Staff reviewed all Best Management Practices (BMPs) set forth by the TWDB. Many BMPs were included in previous iterations of the plan and have been maintained. Staff identified BMPs that Denton could implement to further improve water conservation efforts. OPTIONS The plan may be adopted as presented. If the plan is not adopted at this time, staff will return with revisions based on comments received. RECOMMENDATION Staff recommends approval of ordinance and associated Water Conservation and Drought Contingency Plan. ESTIMATED SCHEDULE OF PROJECT The plan will be adopted by ordinance when approved by the City Council. All relevant documents will be filed with the TWDB and TCEQ by May 1, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On March 8, 2019, a draft of this report was attached to an Informal Staff Report and included in the Friday Report. No comments were received as a result. On March 14, 2019, a Public Information Meeting was held at the Civic Center in order to inform the public of the contents of the plan and receive feedback. There were no attendees from the public, and no comments were received. FISCAL INFORMATION None. BID INFORMATION None. EXHIBITS 1. Agenda Information Sheet 2. 2019 Draft Water Conservation and Drought Contingency Plan 3. Presentation Respectfully submitted: Frank Pugsley Director of Water Utilities Prepared by: Tyler Dawson Field Services Tech Manager Water Conservation and Drought Contingency Plan City of Denton CITY OF DENTON Water Conservation Plan April 2019 ΐȁ INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development in Region C have led to growing demands for water. Additional supplies to meet higher demands will be expensive and difficult to develop. Therefore, it is important that we make efficient use of existing supplies and make them last as long as possible. This will delay the need for new supplies, minimize the environmental impacts associated with developing new supplies, and delay the high cost of additional water supply development. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water 1 conservation and drought contingency plans for public water suppliers. The TCEQ guidelines and requirements for water suppliers are included in Appendix B. The City of Denton has adopted this water conservation and drought contingency plan pursuant to TCEQ guidelines and requirements. The objectives of the water conservation plan are: To reduce water consumption. To reduce the loss and waste of water. To identify the level of water reuse. To improve efficiency in the use of water. To extend the life of current water supplies by reducing the rate of growth in demand. The objectives of the drought contingency plan are: To conserve the available water supply in times of drought and emergency. To maintain supplies for domestic water use, sanitation, and fire protection. To protect and preserve public health, welfare, and safety. To minimize the adverse impacts of water supply shortages. To minimize the adverse impacts of emergency water supply conditions. Water Conservation and Drought Contingency Plan City of Denton 2ȁ TEXASCOMMISSIONONENVIRONMENTALQUALITYRULES 2.1 Conservation Plans The TCEQ rules governing development of water conservation plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2 of the Texas Administrative Code, which is included in Appendix B. For the purpose of these rules, a water conservation plan is defined as: strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be 1 contained within another water management document(s). According to TCEQ rules, water conservation plans for public water suppliers must have a certain minimum content (Section 3), must have additional content for public water suppliers that are projected to supply 5,000 or more people in the next ten years (Section 4), and may have additional optional content (Section 5). 2.2 Drought Contingency Plans The TCEQ rules governing development of drought contingency plans for public water suppliers are contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code, which is included in Appendix B. The rules for wholesale water suppliers are contained in Rule 288.22, included in Appendix B. For the purpose of these rules, a drought contingency plan is defined as: strategy or combination of strategies for temporary supply and demand management responses to temporary and potentially recurring water supply shortages and other water supply emergencies. A drought contingency plan may be a separate document identified as such or may be 1 contained within another water management document(s). The drought contingency plan for the City of Denton is contained in Section 6 of this water conservation and drought contingency plan. Water Conservation and Drought Contingency Plan City of Denton Βȁ MINIMUMREQUIREDWATERCONSERVATIONPLANCONTENT The minimum requirements in the Texas Administrative Code for water conservation plans for public drinking water suppliers covered in this report are as follows: 288.2(a)(1)(A) Utility Profile Section 3.1 and Appendix C 288.2(a)(1)(B) Specification of Goals Before May 1, 2005 Section 3.2 288.2(a)(1)(C) Specification of Goals After May 1, 2005 Section 3.2 288.2(a)(1)(D) Accurate Metering Sections 3.3 and 3.4 288.2(a)(1)(E) Universal Metering Section 3.4 288.2(a)(1)(F) Determination and Control of Unaccounted Water Section 3.5 288.2(a)(1)(G) Public Education and Information Program Section 3.6 288.2(a)(1)(H) Non-Promotional Water Rate Structure Section 3.7 288.2(a)(1)(I) Reservoir System Operation Plan Section 3.8 288.2(a)(1)(J) Means of Implementation and Enforcement Section 3.9, Appendix D 288.2(a)(1)(K) Coordination with Regional Water Planning Group Section 3.10 and Appendix E TCEQ places additional requirements on wholesale water suppliers in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.5 of the Texas Administrative Code. This Rule is included in Appendix B. this report: 288.5(1)(C) Maximum Acceptable Unaccounted-For Water Goal Section 3.5 3.1 Utility Profile Appendix C to this water conservation plan is a water utility profile for the City of Denton, based on the 2 format recommended by the TCEQ. Water Conservation and Drought Contingency Plan City of Denton 3.2SpecificationofWaterConservationGoal Specific elements of the Water Conservation Plan are discussed in the subsequent sections of this document. The development of this plan involved the identification and examination of numerous conservation strategies. The conservation strategies chosen for the plan were derived from numerous sources including state agency recommendations, the Region C planning group, water conservation literature, and the existing Water Conservation Plan. Prior to 2019, water conservation goal was a 15 percent reduction in per capita water use by 2050. This goal was established in Water Conservation and Drought Contingency Plan adopted December 7, 1999. The water conservation goals after May 1, 2005 include the following: Achieve 2024 per capita water use of 152 gpcd or less, as shown in Table 3-2 (five-year target). This represents a reduction of 37 gpcd from year 2000 per capita water use. Achieve 2029 per capita water use of 152 gpcd or less, as shown in Table 3-2 (ten-year target). This represents a reduction of 37 gpcd from year 2000 per capita water use. The conservation goal was articulated in 2005 as a one percent reduction yearly in per-capita usage for ten years. This goal was based on: 1) per-capita reduction goals recommended by the Texas Water Development Task Force on Water Conservation; and 2) an indication in recent data that per capita water demand had started to decline. However, weather patterns over the same period of time were such that declining per capita consumption may have been weather related. was mildly exceeded, with a per-capita savings by 2008 of 10 gpcd. This savings is a reflection of the effects of conservation programs referenced above as well as weather variability during years pasted. Water Conservation and Drought Contingency Plan City of Denton Unit Unit 2009 2014 2019 2024 2029 City of Denton 111,814 120,820 133,610 147,516 162,870 Population Gallons PerCapita per gpcd 160 158 140 152 152 Day Residential Gallons Per- gpcd 70 70.3 58.3 69 69 Capita per Day Savings from Low-Flow Fixtures and Federal gpcd 5 5 Clothes Washer Standard Savings from gpcd 2.5 2.5 Conservation Measures Savings from Reuse gpcd .5 .5 Projected Per-Capita gpcd 8 8 Savings Projected Per-Capita percent 5% 5% Reduction Actual Per-Capita gpcd 9 2 18 Savings Actual Per-Capita percent 15.4% 1.25% 11.4% Reduction Water Conservation and Drought Contingency Plan City of Denton 3.3AccurateMeteringofRawWaterSuppliesandTreatedWaterDeliveries The City of Denton meters all raw water diversions from Lake Lewisville and Lake Ray Roberts to each of the Water Treatment Plants. The City of Denton also meters all treated water deliveries to the distribution system from each water treatment plant. Each meter has an accuracy of plus or minus one percent. The meters are calibrated on a semiannual basis by City of Denton personnel to maintain the required accuracy and are repaired or replaced as needed. Replaced two of 4 in that last few years and two more are coming. Raw meters were replaced in 2018 Raw RR replaced on 5-22 and finished on 12-10. Lewisville plans to replace their soon. 3.4 Metering of Customer and Public Uses and Meter Testing, Repair, and Replacement Water usage for all customers of the City of Denton, including public and governmental use, is metered. As part of the water conservation plan, the City of Denton will continue to implement a meter replacement program. Denton Water Utility (DWU) staff conducted an extensive study in 2004 in which over 2,000 water meters were bench tested for accuracy. Throughout the years since this study was conducted, it has been updated and to date holds validity in results. In addition a cost-benefit analysis was conducted in order to maximize the efficiency of the meters versus the costs of the replacement program. Based on the study, ¾ to 2-inch meters are replaced on a twelve- to fourteen-year cycle. The program focused on replacing the oldest meters in the system first. From 2009 to 2013 DWU has replaced meters to meet the twelve- to fourteen-year cycle. Meters that are 3-inch or larger are tested every year and repaired or replaced as necessary. In addition, meters registering any unusual or questionable readings are automatically flagged in the billing process and be tested and repaired to restore full functionality. 3.5 Determination and Control of Water Loss The amended 2003, Texas Water Code (Chapter 16.0121) requires that DWU (a retail public utility that provides potable water) to file an annual audit of system water loss. DWU continues to follow annually in compliance with the TWC. DWU staff performs a yearly water audit, using the International Water Association/ American Water Works Association (IWA/AWWA) method required by the TWDB. DWU staff has been conducting water audits since the early 1990s. Historically, the City of s non-revenue water, has always been below the AWWA goal. The City of Denton unaccounted-for water is also below the national average and the 2017 Water Conservation and Drought Contingency Plan City of Denton Texas average. The City of system has always met the suggested targets of the newer IWA/AWWA methodology as specified by the TWDB Task Force on water conservation. The City of Denton will continue to conduct annual water audits using the IWA/AWWA methodologies. Non-revenue water for the City of Denton has varied from 3.3 percent to 7.5 percent in the last five years, with the highest value still under review regarding accuracy of a source meter. Previous audits led to the discovery and correction of a systematic source metering error at the Ray Roberts Water Treatment Plant. Staff will continue to conduct comprehensive water audits annually and take appropriate measure to minimize system water loss. 3.6 Public Education and Informationǿ 0 ±³¤±²§¨¯² ¶¨³§ .®-profits The City of Denton continues to have an active role in the education of water conservation with several methods of outreach and public information. Along with their Partnerships with Non-Profits, they execute campaigns throughout the year(s) to spread information on conservation. The continuing public education and information campaign and the partnerships with Non-Profit organizations on water conservation includes the following elements: Promote the water conservation measures (presented in Sections 3, 4, and 5). Encourage voluntary twice-a-week watering schedule for landscape. Include inserts on water conservation with water bills at least twice per year. Inserts will include material developed by City of Denton staff and material obtained from the TWDB, the TCEQ, and other sources that pertain to water conservation, irrigation conservation, and protecting pipes from freezing. Encourage local media coverage of water conservation issues and the importance of water conservation. Make the Texas Smartscape materials, water conservation brochures, and other water conservation materials available to the public at the City of Denton Utility Department, other City facilities, and at special events. Make information pertaining to water conservation and irrigation conservation available online at www.sustainabledenton.com and include links to the Texas Smartscape website and to information relating to water conservation on the TWDB and TCEQ web sites. Provide a Xeriscape class once a year to promote conservation landscaping and conservation irrigation practices. Water Conservation and Drought Contingency Plan City of Denton Encourage attendance at Texas A&M Water University water classes. Offered options include Rain barrel and Drip irrigation classes. Promote and educate with non-profit conservation partners such as Master Naturalist, Master Gardeners, and Natural Plant Society, organizations that actively hold informational and educational meetings and volunteer opportunities regularly within our community. Offer presentations to local organizations, schools, and civic groups on the importance of water conservation and ways to save water. 3.7 Non-Promotional Water Rate Structure With the intent of encouraging water conservation and discouraging waste and excessive use of water, the City of Denton adopted an increasing block (inverted-block) rate in 1998. In an inverted-block structure the unit price of water increases with increasing water use. The City of Denton employs an inverted-block rate from May through October. The structure consists of four blocks (Table 5-2). The first block provides enough water to cover a typical water usage, which includes a moderate amount for irrigation. The second, third, and fourth blocks are designed to curb discretionary and seasonal outdoor water use. The inverted-block structure only applies to residential customers. DWU bills commercial customers on a flat rate, but has implemented seasonal pricing on commercial irrigation meters to curb summer peak demand. TABLE 2 DWU Residential Block Rate Structure per thousand gallons Less than 15,000 gals $4.15 15,001 30,000 gals $5.90 30,000-50,000 gals $8.15 More than 50,000 gals $10.90 TABLE 3 DWU Seasonal Commercial Irrigation Rates Winter (November-April) Summer (May-October) $4.45 per thousand gallons $6.15 per thousand gallons Water Conservation and Drought Contingency Plan City of Denton 3.8ReservoirSystemOperationPlan The City of Denton has the right to divert water from Lake Lewisville and Lake Ray Roberts, which we limit to firm yield calculations as follows: 19.76 MGD from Lake Ray Roberts 4.34 MGD from Lake Lewisville The City of Denton is the minority water right holder in both reservoirs. The current agreement with the City of Dallas (majority water right holder) delegates comprehensive coordination of reservoir management to the City of Dallas. 3.9 Implementation and Enforcement of the Water Conservation Plan Appendix D contains a copy of the resolution of the City of Denton City Council adopting this water conservation and drought contingency plan. The resolution designates responsible officials to implement and enforce the water conservation and drought contingency plan. 3.10 Coordination with Regional Water Planning Group The City of Denton will provide a copy of this water conservation and drought contingency plan to the Region C Water Planning Group, which is currently developing the Regional Water Plan. Appendix E includes a copy of a letter sent to the Chair of the Region C Water Planning Group. Water Conservation and Drought Contingency Plan City of Denton 4ȁ ADDITIONAL REQUIRED WATER CONSERVATION PLAN CONTENT The Texas Administrative Code also includes additional requirements for water conservation plans for public drinking water suppliers that serve a population of 5,000 people or more and/or a projected population of 5,000 people or more within the next 10 years: §288.2(a)(2)(A) Leak Detection, Repair, and Water Loss Accounting Sections 3.5, 4.1, and 5.5 §288.2(a)(1)(B) Record Management System Section 4.2 §288.2(a)(2)(C) Requirement for Water Conservation Plans by Wholesale Customers Section 4.3 4.1 Leak Detection and Repair; Pressure Control Measures to control unaccounted-for water are part of the routine operations of the City of Denton. Meter readers, water and wastewater utility personnel, and the public report leaks in the system. Maintenance crews are on-call 24-hours a day and respond quickly to repair reported leaks. DWU has invested in leak detection and correlator equipment that helps in identifying more leaks and locating leaks more accurately for repair. The City of Denton also proactively decreases water loss through the waterline replacement program. The City of Denton spends approximately 2 million per year to replace water distribution lines with two construction and maintenance crews. Areas of the water distribution system in which numerous leaks and line breaks occur are targeted for replacement. DWU will continue analysis on the life cycle of transmission lines. These pipes have an assumed lifespan of 75 years, however the role of these lines within the distribution system makes them critical. The DWU will assess the current condition of existing transmission lines, research pipe maintenance history, and review published research. As a result, DWU will revise the replacement schedule for all existing transmission lines. This is expected to reduce water loss from main breaks by better estimating end of useful live. To reduce real water losses, the City of Denton will maintain a proactive water loss program. As part of this program, the City will implement the following actions: Continue to implement the waterline replacement program. Conduct an analysis to revise the replacement schedule of transmission lines. Conduct regular inspections of all water main fittings and connections during periods of maintenance and repair. Water Conservation and Drought Contingency Plan City of Denton 4.2RecordManagementSystem As required by TAC Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(1)(B), the record management system for the City of Denton records water pumped, water delivered, and water sold. However, the City of record management system does not allow for the separation of water sales and uses into residential, commercial, public/institutional, and industrial categories as required. The current billing system separates sales and uses into residential, commercial, and wholesale user classes. At such time that the City of Denton procures a new record management system, such system will have the capabilities required in section 288.2(a)(1)(B). 4.3 Requirement for Water Conservation Plans by Wholesale Customers Each contract for the wholesale sale of water by the City of Denton will include a requirement that the wholesale customer develop and implement a water conservation plan meeting the requirements of Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.2(a)(2)(c) of the Texas Administrative Code. If the customer intends to resell the water, then the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation requirements so that each successive customer in the resale of the water will be required to implement water conservation measures in accordance with applicable provisions of Chapter 288. Water Conservation and Drought Contingency Plan City of Denton Δȁ /04)/.!, 7!4%2 #/.3%26!4)/. 0,!. #/.4%.4 TCEQ rules also list optional (not required) conservation strategies, which may be adopted by suppliers to achieve the stated goals of the plan. The following optional strategies are listed in the rules; some are not included in this plan: §288.2(a)(3)(A) Conservation Oriented Water Rates Section 3.7 §288.2(a)(3)(B) Ordinances, Plumbing Codes or Rules on Water-Conserving Fixtures Section 5.1 §288.2(a)(3)(C) Programs for the Replacement or Retrofit of Water-Conserving Plumbing Fixtures in Existing Structures (Not included in plan) §288.2(a)(3)(D) Reuse and Recycling of Wastewater Section 5.2 §288.2(a)(3)(E) Pressure Control and/or Reduction (Not included in plan) §288.2(a)(3)(F) Landscape Water Management Ordinance Section 5.3 §288.2(a)(3)(G) Monitoring Method Section 5.4 §288.2(a)(3)(H) Other Conservation Methods Section 5.5 and 5.6 5.1 Ordinances, Plumbing Codes, or Rules on Water-Conserving Fixtures The State of Texas has required 2.5 gpm faucets, 3.0 gpm showerheads, and 1.6 gpf toilets for new construction since 1992. Similar standards are also required under federal law. Plumbing Code complies with the State of Texas requirements. The implementation of the federal rules requiring energy- conserving clothes washers in 2007 improved the water-efficiency of residential clothes washers. 5.2 Reuse and Recycling of Wastewater The City of current reuse program delivers approximately 0.5 MGD of reclaimed wastewater effluent. The current distribution system has a maximum capacity of 4 MGD. Water Conservation and Drought Contingency Plan City of Denton 5.3LandscapeManagementOrdinance As part of the development of this water conservation plan, the City of Denton has implemented a lawn and landscape irrigation and water waste ordinance. This ordinance is intended to minimize waste in landscape irrigation and other uses. The ordinance was implemented in 2006, during a drought period when public awareness of the drought was high. The ordinance includes the following elements: Prohibition of outdoor watering, except by hand and for watering foundations, from 10:00 a.m. to 6:00 p.m. every day from June 1 through September 30. Requirement that all new irrigation systems include rain and freeze sensors. Prohibition of designs and installations that spray directly onto impervious surfaces such as sidewalks and roads or onto other non-irrigated areas. Prohibition of use of poorly maintained sprinkler systems that waste water. Requirement that any outside faucet or service line leak be repaired. Enforcement of the ordinance by a system of warnings followed by fines for continued or repeat violations. 5.4 Monitoring Method Until such time as there is an industry wide method for monitoring per-capita the City of Denton will use the five-year rolling average suggested by the Texas Water Development Board. 5.5 Customer Water Audit The City of Denton will continue to conduct water audits for single- and multi-family residential customers. The four main purposes are to: educate customers about conservative water use habits and replacement of inefficient toilets, clothes washers, and dishwashers; educate customers about water-efficient showerheads and faucet aerators; identify leaks; and optimize irrigation water usage. The auditor will review the water use habits of the customer, inspect the system for leaks and excessive use, and recommend any equipment repairs or changes to increase the efficiency of both the domestic and irrigation water systems. Although overall water savings from residential water audits are minimal, residential water audits are crucial to maintaining good customer relations particularly related to high billing complaints. The City of Denton has and will explore new organizational options that would allow for expansion of the water audit program. In addition to increasing availability of personnel for residential water audits, DWU will begin to expand its focus and implement a program for Water Conservation and Drought Contingency Plan City of Denton volume water customers are in the commercial sector, commercial water efficiency is expected to make a significant impact toward overall reductions. 5.6 ParkǾ !³§«¤³¨¢ &¨¤«£ £ '®«¥ #®´±²¤ Conservation The City of Denton will explore the possibility of additional savings by the proper management of park and athletic field irrigation, landscape, and turf practices. The Texas Water Development Board Water Conservation Best Management Practices Guide includes guidelines for water conservation in parks, 3 athletic fields and golf courses. DWU will work with other city departments to determine the potential for water and cost savings by proper management practices and implement them when practical. Water Conservation and Drought Contingency Plan City of Denton 6ȁ DROUGHTCONTINGENCYPLAN 6.1 Introduction The purpose of this drought contingency plan is as follows: To conserve the available water supply in times of drought and emergency. To maintain supplies for domestic water use, sanitation, and fire protection. To protect and preserve public health, welfare, and safety. To minimize the adverse impacts of water supply shortages. To minimize the adverse impacts of emergency water supply conditions. 6.2 State Requirements for Drought Contingency Plans This drought contingency plan is consistent with Texas Commission on Environmental Quality (TCEQ) guidelines and requirements for the development of drought contingency plans by public drinking water suppliers, contained in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 of the Texas Administrative Code. This rule is included in Appendix B. minimum requirements for drought contingency plans are addressed in the following subsections of this report: 288.20(a)(1)(A) Provisions to Inform the Public and Provide Opportunity for Public Input Section 6.3 288.20(a)(1)(B) Provisions for Continuing Public Education and Information Section 6.4 288.20(a)(1)(C) Coordination with the Regional Water Planning Group Section 6.9 288.20(a)(1)(D) Criteria for Initiation and Termination of Drought Stages Section 6.5 288.20(a)(1)(E) Drought and Emergency Response Stages Section 6.6 288.20(a)(1)(F) Specific, Quantified Targets for Water Use Reductions Section 6.6 288.20(a)(1)(G) Water Supply and Demand Management Measures for Each Stage Section 6.6 288.20(a)(1)(H) Procedures for Initiation and Termination of Drought Stages Section 6.6 288.20(a)(1)(I) - Procedures for Granting Variances Section 6.8 288.20(a)(1)(J) - Procedures for Enforcement of Mandatory Restrictions Section 6.7 288.20(a)(3) Consultation with Wholesale Supplier Not applicable 288.20(b) Notification of Implementation of Mandatory Measures Section 6.6 Water Conservation and Drought Contingency Plan City of Denton 288.20(c) Review and Update of Plan Section 6.10TCEQ places additional requirements on wholesale water suppliers in Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.22 of the Texas Administrative Code. This Rule is included in Appendix B. for drought contingency plans are addressed in the following subsections of this report: 288.22(a)(1) Provisions to Inform Wholesale Section 6.3 288.22(a)(7) Water Supply and Demand Management Measures Conform to Texas Water Code 11.039 Section 6.6 288.22(a)(8) Wholesale Contract Supply Provisions Conform to Texas Water Code 11.039 Section 6.6 6.3 Provisions to Inform the Public and Opportunity for Public Input The City of Denton provided opportunity for public input in the development of this drought contingency plan in \[£ ³¤ ®¥ #®´¢¨« meeting\] by the following means: Provided written notice of the proposed plan and the opportunity to comment on the plan by ton.com. A public hearing was held at the City of Denton Council Meeting on \[£ ³¤ ®¥ #®´¢¨« meeting\]. The public may comment on updates to the plan. The plan will be available at the City of web site www.cityofdenton.com. The plan will be provided to anyone requesting a copy. The plan will be provided to Upper Trinity Regional Water District in its capacity as a wholesale customer. The City of Denton shares water rights with the City of Dallas. Denton is the minority water right holder in both water supply reservoirs. Also, Denton is a wholesale customer of the City of Dallas. Due to these factors, it is by design that Drought Contingency Plan closely resembles plan. The need to coordinate Plan with the Dallas plan is appropriate due to the following reasons: The water supply reservoirs (Lake Ray Roberts and Lake Lewisville) are shared by the two cities and Denton is the minority water rights holder in both reservoirs. Denton is an untreated water supply customer of Dallas and will be affected by restrictions that may be initiated by the Dallas plan. Water Conservation and Drought Contingency Plan City of Denton Consistent communication to customers in a television and media market common to many different water utility entities will provide for a more effective implementation of Drought Contingency Plans. 6.4 Provisions for Continuing Public Education and Information The City of Denton will inform and educate the public about its drought contingency plan by the following means: Making the plan available to the public through the City of Denton web site at www.cityofdenton.com. Including information about the drought contingency plan on the City of web site, www.cityofdenton.com. Upon request, make presentations to local organizations, schools, and civic groups on the drought contingency plan (usually in conjunction with presentations on water conservation programs). Open public meetings with the Public Utilities Board, Environment Committee, and City Council. Any time the drought contingency plan is activated or the drought stage changes, the City of Denton will notify local media of the issues, the drought response stage, and the specific actions required of the public. The information will also be publicized on the City of Denton web site, www.cityofdenton.com. Billing inserts will be used as appropriate. 6.5 Initiation and Termination of Drought Response Stages 6.5.1 Initiation of Drought Response Stages The Director of Water Utilities or designee may order the implementation of a drought response stage or water emergency when one or more of the trigger conditions for that stage is met. The following actions will be taken when a drought stage is initiated: The public will be notified through local media. Wholesale customers will be notified by telephone with a follow-up letter or fax. If any mandatory provisions of the drought contingency plan are activated, the City of Denton will notify the Executive Director of the TCEQ within 5 business days. The Director of Water Utilities or designee may decide not to order the implementation of a drought response stage or water emergency even though one or more of the trigger criteria for the stage are met. Water Conservation and Drought Contingency Plan City of Denton Factors that could influence such a decision include, but are not limited to, the time of the year, weather conditions, the anticipation of replenished water supplies, or the anticipation that additional facilities will become available to meet needs. Trigger Condition Types: The three types of water management conditions are discussed below: For a 4¸¯¤ ! situation, preservation of the total water supply will be critical and corresponding water management measures should stress overall reductions in water use. This condition is measured by a reduction in lake supply and results from extended drought. The best opportunity to respond to a drought is early in the drought cycle. Drought Contingency measures should stress overall reductions in water demand (i.e., average-day water demand). For a 4¸¯¤ " situation, in which the water demand approaches the delivery capacity of the system, the peak water demand will be critical, and corresponding drought contingency measures should stress water- use reductions or shifts to off-peak hours. In this situation, the ultimate goal of Stages 1 and 2 will be to avoid triggering the next stage. A Stage 3 trigger requires immediate and severe water demand reductions. Equipment or system failures that result from increased stresses to the transmission, treatment, or distribution systems can worsen a 4¸¯¤ " situation. This condition is a result of an increase in demand. In the short term, this typically occurs during the summer months when irrigation requires more water. In the long term, it could occur if treatment plant or distribution system expansions do not keep pace with the growth in consumer demand. Drought contingency measures should stress reductions in peak water demand or redistribution of the demand to off-peak hours. For a 4¸¯¤ # situation where deficiencies limit the supply capacity, both water-use reductions and shifts to off-peak hours may be necessary. Although the area involved may be localized, immediate action requiring water demand reduction is necessary. Depending upon the severity of the triggering conditions, it is feasible that the plan could proceed immediately to implementation of stage 3. This condition is a result of a break in a large transmission main, mechanical failure to one or more large pumps, or production plant breakdown. Contamination of water supplies or other unforeseen occurrences may also instigate this condition. They may arise with little warning and require immediate and/or aggressive actions. Drought contingency measures should stress reductions in peak water demand and/or redistribution of the demand to off-peak hours. Water Conservation and Drought Contingency Plan City of Denton 6.5.2 Termination of Drought Response Stages The Director of Water Utilities or designee may order the termination of a drought response stage or water emergency when the conditions for termination are met or at his/her discretion. The following actions will be taken when a drought stage is terminated: The public will be notified through local media. Wholesale customers will be notified by telephone with a follow-up letter or fax. When any mandatory provisions of the drought contingency plan that have been activated are terminated, the City of Denton will notify the Executive Director of the TCEQ within 5 business days. The Director of Water Utilities or designee may decide not to order the termination of a drought response stage or water emergency even though the conditions for termination of the stage are met. Factors that could influence such a decision include, but are not limited to, the time of the year, weather conditions, or the anticipation of conditions that warrant the continuation of the drought stage. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton CITY OF DENTON Drought Contingency Plan April 2019 6.6 Drought and Emergency Response Stages 6.6.1 Stage 1, Mild 6.6.1.1 Triggering and Termination Conditions for Stage 1, Mild 6.6.1.1.1 Type A Water Management Condition Total raw water supply in (1) Denton and Dallas connected lakes (east and west); or (2) western connected lakes; or (3) eastern connected lakes drops below 65% of the total conservation storage of the lakes 6.6.1.1.2 Type B Water Management Condition Water demand reaches or exceeds 85% of delivery capacity for 4 consecutive days 6.6.1.1.3 Type C Water Management Condition Water demand approaches a reduced delivery capacity for all or part of the system, as determined by DWU A major water line breaks, or a pump or system failure occurs, which cause unprecedented loss of capability to provide treated water service Natural or man-made contamination of the water supply Requirements for Termination: Stage 1 may be terminated when Stage 1 conditions no longer exist and would be unlikely to recur upon termination. 6.6.1.2 Goal For Use Reductions And Actions Available Under Stage 1, Mild The goal for water use reduction under Stage 1, Mild, is a 5 percent reduction of the use that would have occurred in the absence of drought contingency measures. The Director of Water Utilities or a designee can order the implementation of any of the actions listed below, or other actions not listed, as deemed necessary: Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton All Water Users (a) Require that all landscape watering be limited to the day-of-week schedule between the hours of 6:00 PM to 10:00AM. Irrigation of landscaped areas with hose-end sprinklers, or automatic irrigation systems should be limited to Sundays and Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses and limited to Saturdays and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other property containing multiple addresses may be identified by the lowest address number. (b) Encourage reduction in frequency of watering new and first year landscaping. (c) Encourage only initial filling of ornamental fountains. (d) Encourage reduction in frequency of washing or rinsing of vehicles. Use of bucket/container, hand-held hose with positive shut-off valve or commercial car wash is required. (e) Encourage the elimination of draining and refilling of swimming pools. (f) Encourage reduction in frequency of recreational water use including use of faucets, hoses or hydrants. (g) Foundations may be watered on any day of the week between the hours of 10 PM and 6 AM. Foundations may be watered with a soaker hose or a hand-held hose equipped with a positive shutoff nozzle only. (h) Recommend that customers do not hose off paved areas, buildings, windows or other surfaces. City Government (a) Staff will begin review of the problems initiating Stage 1 actions and will identify possible solutions to address the water shortage. (b) Initiate public education campaign teaching and encouraging reduced water use practices. (c) Intensify normal leak detection and repair activities on water pipes and mains. (d) Restrict water use for the irrigation of parks by 25 percent. Park landscape may be irrigated on any day of the week. (e) Only flush newly constructed mains and mains that are essential for water quality maintenance. (f) Encourage 25 percent reduction in frequency of wet street sweeping and city vehicle washing and rinsing. Commercial Customers (a) Identify and encourage voluntary reduction measures by high-volume water users through water use audits. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton (b) Restrict water use for the irrigation of parks by 25 percent. Park landscape may be irrigated on any day of the week. (c) Reduce water use for landscape nursery stock by 25 percent. (d) Require reduction of water use through day-of-week landscape watering schedule for golf courses. (e) Encourage area restaurants to serve customers water by request only. (f) Encourage hotel/motels to request multiple day patrons to reuse linens instead of changing every day. Interruptible Customers (a) Reduce usage for interruptible customers per contract terms. Wholesale Customer Cities (a) Encourage implementation of like procedures by wholesale customers. Notifications City of Denton Notify major City departments, by telephone and follow-up memo, of Water Awareness Stage #1 and request voluntary water use reduction. Stress voluntary elimination of non-essential uses. External Customers Issue press release, radio and video public service announcement to area media describing Water Awareness Stage #1 and the voluntary restrictions that apply. Distribute water conservation materials to Denton Independent School District, UNT, TWU and community groups if appropriate. Post Water Awareness notices at public buildings including city buildings, county buildings and the federal post office. Encourage reduction of water use through the publication of the voluntary landscape watering schedule and request watering only during off-peak hours. Wholesale Customers Advise wholesale customers by telephone and follow-up memo, of Water Awareness Stage #1 and request voluntary water use reduction consistent with actions taken by the City of Denton. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton 6.6.2 Stage 2, Moderate 6.6.2.1 Triggering Conditions For Stage 2, Moderate 6.6.2.1.1 Type A Water Management Condition Total raw water supply in (1) Denton and Dallas connected lakes (east and west); or (2) western connected lakes; or (3) eastern connected lakes drops below 50% of the total conservation storage 6.6.2.1.2 Type B Water Management Condition Water demand reaches or exceeds 90% of delivery capacity for 3 consecutive days 6.6.2.1.3 Type C Water Management Condition Water demand equals a reduced delivery capacity for all or part of the system, as determined by DWU A major water line breaks, or a pump or system failure occurs, which cause unprecedented loss of capability to provide treated water service Natural or man-made contamination of the water supply Requirements for Termination: Stage 2 may be terminated when Stage 2 conditions no longer exist and would be unlikely to recur upon termination. 6.6.2.2 Goal For Use Reduction And Actions Available Under Stage 2, Moderate The goal for water use reduction under Stage 2, Moderate, is a 15 percent reduction of the use that would have occurred in the absence of drought contingency measures. The Director of Water Utilities or a designee can order the implementation of any of the actions listed below, or other actions not listed, as deemed necessary: All Water Users (a) Require that all landscape watering be limited to the day-of-week schedule between the hours of 6:00 PM to 10:00AM. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems should be limited to Thursdays for customers with a street address ending in an even number (0, 2, 4, 6 or 8) and for locations without addresses, and Wednesdays for water customers with a street address ending in an odd number (1, 3, 5, 7 or 9). Apartments, office building complexes or other property containing multiple addresses may be identified by the lowest address number. (b) Restrict operation of ornamental fountains or ponds to initial only filling except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton (c) Prohibit recreational water use including use of faucets, hoses or hydrants. (d) Restrict washing of any motor vehicle, motorbike, boat, trailer, airplane or other vehicle to the use of a hand-held bucket or a hand-held hose equipped with a positive shutoff nozzle for quick rinses on the designated watering day. Vehicle washing may be done at any time on the immediate premises of a commercial car wash or commercial service station. Further, such washing may be exempted from these regulations if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. (e) Restrict water use to replacing losses during normal use and replacing evaporation in order to maintain proper water quality and proper operation of the pool equipment. Request that use of water to fill, refill, or add to any indoor or outdoor swimming, wading, or jacuzzi pools be limited to the day-of-week schedule. (f) Prohibit hosing off paved areas, buildings, windows or other surfaces. (g) Foundations may be watered for a two-hour period only between the hours of 10 PM and 6 AM on the designated watering day with soaker or hand-held hose equipped with a positive shutoff nozzle on the watering schedule. City Government (a) Staff will begin review of the problems initiating Stage 2 actions and will identify possible solutions to address the water shortage. (b) Accelerate public education campaign teaching and encouraging reduced water use practices. (c) Restrict flushing of new mains not immediately required to provide service. (d) Continue intensified leak detection and repair activities on water pipes and mains. (e) Restrict water use for the irrigation of parks by 50 percent. Park landscape may be irrigated on any day of the week. (f) Increase enforcement efforts. (g) Reduce frequency of wet street sweeping and city vehicle washing by 50 percent. (h) Use of water from fire hydrants limited to fire fighting, essential distribution system. All other water use from fire hydrants will be by special permit only. Commercial Customers (a) Require day-of-week watering schedule for golf courses. (b) Reduce water use for landscape nursery stock by 50 percent. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton (c) Restrict water use for the irrigation of parks by 50 percent. Park landscape may be irrigated on any day of the week. Interruptible Customers (a) Reduce usage for interruptible customers per contract terms. Wholesale Customers (a) Require water demand reductions in accordance with contract obligations for wholesale customers. (b) Wholesale water systems asked to abide by City of Denton policy for both internal operations and all retail customers. Reduction in rate of flow controller settings by 10% -20% are optional. Notifications City of Denton By telephone and attached follow-up memo, notify all major City department water users of Water Watch Stage #2 and the water use restrictions under this stage. Instruct them to implement restrictions on non-essential uses. Use city department contacts in Appendix F. Coordinate distribution of water emergency plan details, posters, and handouts to customer service representatives, utility dispatch personnel and Denton public access buildings. Retail Customers TCEQ notified of Stage 2 restrictions. Issue press release, radio and video public service announcement to area media describing Water Watch Stage #2 and the water use restrictions under this stage. Keep media updated on the water situation. Use media contacts listed in Appendix F. By telephone and follow-up letter, notify major area water users of Water Watch Stage #2 and the restrictions that apply. Use plant manager contacts listed in Appendix F. Accelerate public education campaign to promote and encourage efficient water use. If applicable, notify the U.S. Corp of Engineers by telephone and follow-up letter of the Water Watch Stage #2 conservation measures. Wholesale Customers Advise wholesale customers by telephone and attached letter of the actions taken by the City of Denton in response to Water Watch Stage #2 and require the implementation of like procedures among their customers. Wholesale customer cities shall either impose water use restrictions equivalent to those imposed on Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton retail customers OR where applicable, Denton may reduce rate-of-flow controller settings by 10%-20%. Use wholesale customer contacts in Appendix F. Penalties Initiate a 10% rate increase for residential customers for water usage greater than 15,000 gallons per account per 30 days. Impose a 10% surcharge penalty for commercial and industrial customers for monthly water use above 80% of prior billing volumes for a 30-day period. Initiate code enforcement fines for any violation of the Drought Contingency Plan. 6.6.3 Stage 3, Severe 6.6.3.1 Triggering Conditions For Stage 3, Severe 6.6.3.1.1 Type A Water Management Condition Total raw water supply in (1) Denton and Dallas connected lakes (east and west); or (2) western connected lakes; or (3) eastern connected lakes drops below 35% of the total conservation storage 6.6.3.1.2 Type B Water Management Condition Water demand reaches or exceeds 95% of delivery capacity for 2 consecutive days 6.6.3.1.3 Type C Water Management Condition Water demand exceeds a reduced delivery capacity for all or part of the system, as determined by DWU A major water line breaks, or a pump or system failure occurs, which cause unprecedented loss of capability to provide treated water service Natural or man-made contamination of the water supply Requirements for Termination: Stage 3 may be terminated when Stage 3 conditions no longer exist and would be unlikely to recur upon termination. 6.6.3.2 Goal For Use Reduction And Actions Available Under Stage 3, Severe The goal for water use reduction under Stage 3, Severe, is a reduction of 20 percent of the use that would have occurred in the absence of drought contingency measures. If the circumstances warrant, the Director of Water Utilities or a designee can set a goal for greater water use reduction. The Director of Water Utilities or a Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton designee can order the implementation of any of the actions listed below, or other actions not listed, as deemed necessary: All Water Users (a) Irrigation of landscape is absolutely prohibited unless otherwise indicated within this section. (b) Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane other vehicle not occurring on the premises of a commercial car wash and commercial service stations and not in the immediate interest of public health, safety, and welfare is prohibited. Further, such vehicle washing at commercial car washes and commercial service stations shall occur only between the hours of 6 PM to 10 AM. (c) The filling, refilling, or adding of water to swimming pools, wading pools, and Jacuzzi type pools is prohibited. Existing pools may add water to replace losses during normal use and to replace evaporation in order to maintain proper water quality and proper operation of the pool equipment. (d) Prohibit operation of ornamental fountains or ponds to initial filling except where necessary to support aquatic life or where such fountains or ponds are equipped with a recirculation system. (e) Foundations may be watered for a two-hour period only between the hours of 10 PM and 6 AM on the designated watering day from Stage 2 with soaker or hand-held hose equipped with a positive shutoff nozzle on the watering schedule. (f) No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage or a higher-numbered stage shall be in effect. (g) Permitting of new swimming pools, hot tubs, spas, ornamental ponds and fountain construction is prohibited. (h) Request a 25% reduction of indoor water uses. City Government (a) Wet street sweeping and city vehicle washing or rinsing is prohibited, except when in the immediate interest of public health, safety, and welfare. (b) Restrict water use for the irrigation of parks by 75 percent. Park landscape may be irrigated on any day of the week. (c) Restrict use of water from fire hydrants to fire fighting, essential distribution system maintenance and related activities. All other water use from fire hydrants will be by special permit only. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton Commercial Customers (a) Restrict watering of golf course greens and tee boxes restricted to the allowed watering hours and the day-of-week watering schedule from Stage 2; watering of other golf course areas and parks is prohibited unless the golf course utilizes a water source other than that provided by the City of Denton. (b) Reduce water use for landscape nursery stock by 75 percent. (c) Restrict water use for the irrigation of parks by 75 percent. Park landscape may be irrigated on any day of the week. Interruptible Customers (a) Service to interruptible customers is temporarily suspended. Wholesale Customers (a) Same external restrictions apply to wholesale suppliers. Notifications City of Denton Coordinate dissemination of water conservation plan details, posters, and handouts to customer service representatives, utility dispatch personnel and public access buildings. By telephone and attached follow-up memo, notify all major City department users of Water Warning Stage #3 and of the water use restrictions under this stage. Instruct them to eliminate non-essential uses including street and vehicle washing and operation of ornamental fountains, and to implement restrictions on essential uses. Use same contacts as those listed in Appendix F. Retail Customers TCEQ notified of Stage 3 restrictions. Issue press release, radio and video public service announcement to area media describing Water Warning Stage #3 and the water use restrictions under this stage. Keep media updated on the water situation. Use same media contacts as those in Appendix F. By telephone and follow-up letter, notify major water users of Water Warning #3 and the mandatory water use reduction. Use contacts listed in Appendix F. Post Water Warning notices at public buildings including city buildings, county buildings, and the federal post office. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton If applicable, notify U.S. Corps of Engineers by telephone and attached letter of the Water Warning Stage #3 conservation measures. Wholesale Customers Advise wholesale customers by telephone and attached letter of actions being taken by the City in response to Water Warning Stage #3 and mandatory implementation of similar procedures among their customers. Wholesale customer cities shall impose water use restrictions equivalent to those imposed on -of-flow controller settings by a percentage determined by the Director of Water Utilities. Appendix F lists wholesale customers that need to be contacted. Penalties Initiate a 20% rate increase for residential customers for water usage greater than 15,000 gallons per account per 30 days. Impose a 20% surcharge penalty for commercial and industrial customers for monthly water use above 70% of prior billing volumes for a 30-day period. Initiate code enforcement fines for any violation of the Drought Contingency Plan. Water Allocation Retail Customers: During Stages 2 and 3 of the Drought Contingency Plan, DWU may impose a retail water rate increase to discourage water use. All rates for usage in excess of 15,000 gallons per month (per single-family residential account), or any other usage amount above 15,000 gallons per month, as deemed appropriate by the Director, may be increased by an additional 10 percent or any other percentage deemed appropriate by the Director. Wholesale Customers In the event that the triggering criteria specified in Section 6 of the Plan for Stage 3 have been met, the Director is hereby authorized to initiate allocation of water supplies on a pro rata basis in accordance with the latest revision of Texas Water Code Section 11.039. Texas Water Code Section 1.039, Distribution of Water During Shortage, states: Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton (a) If a shortage of water in a water supply not covered by a water conservation plan prepared in compliance with Texas Commission on Environmental Quality or Texas Water Development Board rules results from drought, accident, or other cause, the water to be distributed shall be divided among all customers pro rata, according to the amount each may be entitled to, so that preference is given to no one and everyone suffers alike. (b) If a shortage of water in a water supply covered by a water conservation plan prepared in compliance with Texas Commission on Environmental Quality or Texas Water Development Board rules results from drought, accident, or other cause, the person, association of person, or corporation owning or controlling the water shall divide the water to be distributed among all customers pro rata, according to: 1. the amount of water to which each customer may be entitled; or 2. the amount of water to which each customer may be entitled, less the amount of water the customer would have saved if the customer had operated its water system in compliance with water conservation plan. (c) Nothing in Subsection (a) or (b) precludes the person, association of persons or corporation owning or controlling the water from supplying water to a person who has a prior vested right to the water under the laws of this state. DWU may curtail water deliveries or reduce diversions in accordance with the terms and conditions of its wholesale water supply contracts. If necessary, or if specific contract provisions are not provided for, DWU may curtail water deliveries or reduce diversions in accordance with Texas Water Code Section 11.039. DWU will have authority to restrict flow to its wholesale water customers through the rate-of-flow controllers. The Director will establish pro rata water allocations, determined as a percentage reduction of the wholesale water usage, at the time of implementation. The total volume reduction for each wholesale customer will be calculated monthly, based on average water usage for the previous three years. The Director will establish the percentage reduction based on an assessment of the severity of the water shortage condition and the need to curtail water diversions and/or deliveries, and the percentage reduction may be adjusted periodically by the Director. Once pro rata allocation is in effect, water diversions by, or deliveries to, each wholesale customer will be limited to the allocation established for each month. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton 6.7 Procedures for Enforcement of Mandatory Restrictions Violations A person commits an offense if he or she knowingly makes, causes, or permits a use of water contrary to the measures implemented in the Drought Contingency Plan. It is presumed that a person has knowingly made, caused, or permitted use of water contrary to the measures implemented if the mandatory measures have been implemented according to the Plan and any one of the following conditions apply: The Drought Contingency Plan prohibits the manner of use. The amount of water used exceeds that allowed by the Drought Contingency Plan. The manner of use or the amount used violates the terms and conditions of a compliance agreement made following a variance granted by the ACM/Utilities. Any person in apparent control of the property where a violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on the property shall constitute a rebuttable presumption that the person in apparent control of the property committed the violation, but any such person shall have the right to show that he/she did not commit the violation. Parents shall be presumed to be responsible for their minor children and proof that a violation, committed by a child, occurred on the property within control of the parents shall constitute a rebuttable presumption that the parent committed the violation. But, any such parent may be excused if he/she proves that he/she had previously directed the child not to use the water as it was used in violation of this Plan and that the parent could not have reasonably known of the violation. Any Code Enforcement Officer, Police Officer, or other city employee designated by the Assistant City Manager/Utilities, may issue a citation to a person he/she reasonably believes to be in violation of this Ordinance. The citation shall be prepared in duplicate and shall contain the name and address of the alleged violator, if known, the offense charged, and shall direct him/her to appear in municipal court on the date shown on the citation. Any person who violates this Plan is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $250 and not more than $2,000. Each day that one or more provisions in this Plan is violated shall constitute a separate offense. Flow restrictors may be placed in lines after two violations have occurred to limit the amount of water passing through the meter in a 24-hour period. The City of Denton Utilities reserves the right to temporarily cancel water service to the customer until the situation can be resolved. Services Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton discontinued under such circumstances shall be restored only upon payment of a re-connection charge, hereby established at an amount not to exceed $135.00 (or as adjusted by City ordinance), and any other costs incurred by the DWU in discontinuing service. In addition, suitable assurance must be given to the Director that the same action will not be repeated while the Plan is in effect. Compliance with this Plan may also be sought through injunctive relief in the district court. 6.8 Procedures for Granting Variances Granting a Variance The ACM/Utilities may grant variances from the Drought Contingency Plan in special cases to persons demonstrating extreme hardship and need. In order to obtain a variance, the applicant must sign a compliance agreement on forms provided by the ACM/Utilities and approved by the City Attorney. The applicant must agree to use the water only in the amount and manner permitted by the variance. A variance must meet the following conditions: Granting of a variance must not cause an immediate significant reduction in the water supply. The applicant must demonstrate that the extreme hardship or need is related to the health, safety, or welfare of the person requesting it. The variance will not adversely affect the health, safety, or welfare of other persons. No variance is retroactive nor can it justify any violation of this Drought Contingency Plan before its issuance. The variance will remain in effect during the stage in which it was issued and will expire when the Plan is no longer in effect or a new stage is activated. Revoking a Variance The ACM/Utilities may revoke a variance granted when the Director of Water Utilities determines any one of the following: Conditions causing initial issuance of the variance are no longer applicable. Violation of the terms of the compliance agreement. The health, safety, or welfare of other persons requires revocation. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton Wholesale Customer Variances The ACM/Utilities may grant variances from the Drought Contingency Plan to wholesale water customers in special cases. Wholesale water customers may request reduced variance allocations for the following conditions: The designated period does not accurately reflect a wholesale customer's normal water usage. The customer agrees to transfer part of its allocation to another wholesale customer. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. In order to grant a variance, the applicant must sign a compliance agreement on forms provided by the ACM/Utilities and approved by the City Attorney. No variance shall be retroactive or otherwise justify any violation of this Drought Contingency Plan occurring before the issuance of the variance. 6.9 Coordination with the Regional Water Planning Group The City of Denton is located within the Region C water planning area. Appendix E includes a copy of a letter sent to the Chair of the Region C Water Planning Group (RCWPG) along with the water conservation and drought contingency plan. 6.10 Review and Update of Drought Contingency Plan As required by TCEQ rules, the City of Denton will review this drought contingency plan every five years, beginning in 2009. The plan will be updated as appropriate based on new or updated information. As the plan is reviewed and subsequently updated, a copy of the revised Drought Contingency Plan will be submitted to the TCEQ and the RCWPG for their records. 7.0 Severability The City of Denton Public Utility Board agrees that sections, paragraphs, sentences, clauses, and phrases of this Drought Contingency Plan are severable. If any phrase, clause, sentence, paragraph, or section of this Drought Contingency Plan is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Drought Contingency Plan, since the same would not have been enacted by the Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton City of Denton Public Utility Board without the incorporation into this Drought Contingency Plan of any such unconstitutional phrase clause, sentence paragraph, or section. Water Conservation and Drought Contingency Plan City of Denton __________________ City of Denton APPENDIX A List of References 1. Texas Commission on Environmental Quality: Conservation Plans for Municipal Uses by Public Water Texas Administrative Code Title 30 Part I Subchapter A §288.2, effective October 7, 2004 Profile & Water Conservation Plan Requirements for -04 and v 11-04 Water Conservation Implementation Task Force, published November 2004 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-637,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction on Airport Governance related to the Airport Advisory Board, Economic Development Partnership Board, and Council Airport Committee. City of DentonPage 1 of 1Printed on 3/29/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Airport ACM: Antonio Puente, Jr. DATE: April 2, 2019 SUBJECT Receive a report, hold a discussion, and provide staff direction on Airport Governance related to the Airport Advisory Board, Economic Development Partnership Board, and Council Airport Committee. BACKGROUND Airport staff is in the process of updating all Airport Guiding Documents (Chapter 3, Airport Rules and Regulations, Airport Minimum Operating Standards, Leasing and Development Policy, etc.). These documents and the associated framework have been discussed with the Airport Advisory Board (AAB) and the Council Airport Committee (CAC) on several occasions. During the October 23, 2018 CAC meeting, a request was made for staff to review the current Airport board and committee structure and purview and compare to other area airports. The following was presented on November 27, 2018 to the CAC, where it was requested that the information be presented in a City Council Work Session. In 2011, the City Council adopted several ordinances related to airport boards and committees. At the time, the AAB was responsible for making all recommendations regarding airport matters to the City Council. Based on recommendations included in the 2010 Airport Business Plan and numerous AAB meetings, Council adopted several ordinances to assign specific efforts to the AAB, the Economic Development Partnership Board (EDPB), and the CAC. Exhibit 2, Denton Airport Related Boards and Committee, provides details of each. Additionally, Exhibit 3, Governance Matrix, provides a breakout of each board and committee roles as outlined in the ordinances. associated with each comparable airport. COMPARABLE AIRPORTS Boards, Commissions, and Committees Airport Board/Commission Council Committee Denton Airport Advisory Board City Council Airport Committee - Council appointed - 7 members - Mayor appointed - 3 members Economic Development Partnership Board - Council approved - 11 members Addison No No Arlington No No Cleburne Yes 5 members No Grand Prairie No No Lone Star Executive Yes No COMPARABLE AIRPORTS Boards, Commissions, and Committees Airport Board/Commission Council Committee McKinney No No Meacham Yes - 9 members* No Mesquite No No San Marcos Yes 5 members No Sugarland No No Texas Gulf Coast No No Note: * - Multi-Airport system Currently, the City of Denton has three separate entities, the AAB, EDPB, and CAC, advising the City Council on specific Airport related matters as identified in Exhibit 3, Governance Matrix. No other area airport has more than one board and/or committee. Three of the comparable airports have an advisory board established, with Meacham International Airport having an advisory board which has purview over the three airport system (Meacham, Alliance, and Spinks). None of the other area airports have an airport related Council Committees. OPTIONS While there are numerous variations that could be considered regarding airport-related boards and committees, three have been provided for consideration. 1. Keep existing boards and committee structure and purview The three existing bodies would retain the duties as outlined in Exhibit 3, Governance Matrix. 2. Retain, modify, and/or disband existing boards and committee structure and purview Council could consider a combination of changes in purview, including consolidating efforts, reassign purviews within the existing structure, or moving purview to another existing board or committee. 3. Mirror the majority of other area airports and eliminate all airport related boards and committees While several of the comparable airports have boards, their staffs have indicated that they meet irregularly with the exception of the Fort Worth Airport System Board. This option would eliminate the AAB and CAC, and would remove airport related items from the EDPB. All airport matters would be considered by the full City Council. STAFF RECOMMENDATION Staffs recommend Option 1, keep existing boards and committee structure and purview. EXHIBITS 1. Agenda Information Sheet 2. Denton Airport Related Boards and Committee 3. Governance Matrix 4. Airport Governance Presentation Respectfully submitted: Scott T. Gray, C.M., C.A.E. Airport Manager DENTON ENTERPRISE AIRPORT RELATED BOARDS/COMMITTEES The following provides information regarding the types, makeup, and purposes of Boards and Committees that pertain to the Denton Enterprise Airport. Judicial or Quasi-Judicial Boards Boards that use decision-making powers apply particular regulations to specific facts to make judgements or decisions on matters within their jurisdiction. None Advisory Boards Advisory boards advise or make recommendations to a person or the City Council and have no final decision-making authority. Airport Advisory Board Established by 3-2 of the Code of Ordinances Membership Seven members appointed by City Council Purpose Serves in an advisory capacity to the City Council on matters relative to airport safety, flight and ground operations, safety and security issues arising from the creation and development of long-term master plans; tenant/stakeholder outreach; the Airport Business Plan and the Airport Master Plan; airport infrastructure improvements or other major projects impacting the airport; grant funding for the airport; and long term financial planning and budgetary issues affecting the airport. Economic Development Partnership Board Established by §2.251 of the Code of Ordinances. Membership: Twelve members: two from City Council at the time of their original appointment, two from the Chamber Board of Directors at the time of their original appointment who reside or work in the city, two who are employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the city, the president of UNT or his/her designee and the TWU Chancellor/President or his/her designee who does not have a city residency requirement, a member with knowledge or experience in general aviation-related matters with no financial interest at the Denton Municipal Airport and who resides or works in the city, and a citizen of Denton with specific knowledge skills and abilities to assist in the functions of the Economic Development Partnership Board. With the intent to enhance the diversity of the Board, one nominee shall be a representative nominated by the Black Chamber Board of Directors and one nominee shall be a representative nominated by the Hispanic Chamber Board of Directors. If a nomination is not made by either one of these Boards, the Committee and the City Council shall consider the racial, ethnic, and gender diversity of the Board as well as the knowledge, skills, and abilities of the nominees to assist in all or any one of the functions of the Economic Development Partnership Board when making selections. These members must reside or work in the City of Denton. To aid the City Council in making appointments to the Board, the City Council will appoint two City Council members and one Chamber of Commerce member to act as a nominating committee. After evaluating the recommended nominees, the committee will present to the City Council a slate of Board nominees for City Council approval. Ex-officio City Manager, or his designee, Chamber President and Superintendent of Denton Independent School District. Purpose: Provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding Airport Branding and Marketing to support the implementation of the Denton Airport Business Plan; reviews, considers and makes recommendations to the City Council regarding Denton Municipal Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. City Council Committees The Denton City Council has internal advisory committees, as well as representation on local and regional committees. Assignments to the committees are made following the May city council elections. City Council Airport Committee Established by Resolution No. R2011-009 Membership Three City Council members Purpose Reviews, considers and makes recommendations to the City Council on: the Airport Business Plan and Airport Master Plan; any airport infrastructure improvements or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport; and issues raised as a result of interface between citizens, airport tenants, or other interested parties. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-671,Version:1 AGENDA CAPTION Receiveareportfromstaff,holdadiscussion,andgivestaffdirectionregardingthefutureparkthatistobe located at the corner of Heritage Trail and Linden Drive in Rayzor Ranch Town Center. City of DentonPage 1 of 1Printed on 3/29/2019 powered by Legistar™ City of Dento City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Antonio Puente Jr. Interim ACM DATE: April 2, 2019 SUBJECT Receive a report from staff, hold a discussion, and give staff direction regarding the future park that is to be located at the corner of Heritage Trail and Linden Drive in Rayzor Ranch Town Center. BACKGROUND Since May 2018, Parks and Recreation staff have been in discussions with Hodges Architecture and Hillview LP, developer of the Razor Ranch East Tract, regarding the development of a future park (Exhibit 3) within the Rayzor Ranch Town Center (Exhibit 4). As part of the development, a 9.87 acres parcel is being planned, designed and constructed by the development group as a future city park to satisfy the Park Dedication and Development Ordinance 98-039 (Exhibit 5). On September 10, 2018, Parks and Recreation staff provided a brief update of the project to the Parks, Recreation and Beautification Board. The Board asked staff to continue to work with the developer on the design of the park. On November 30, 2018, Parks and Recreation staff received the initial design rendering for the future park (Exhibit 5). A video of the computer generated rendering can be seen at https://youtu.be/do32vn8cC0E. In addition, on December 20, 2018, Parks and Recreation received landscape plans that details the placement of trees and ornamental grasses (Exhibit 7-9). This information was utilized to develop a projected construction and maintenance operating budget. On January 7, 2019, the Parks, Recreation and Beautification Board received an updated presentation of the park project and recommended to move forward with a recommendation to City Council. The parking lot does not have dedicated parking. Street parking is available along East Park Blvd and Crescent Street, with a total of one hundred one (101) parking spaces located on the east side of the park. Of this total amount, five (5) are dedicated for ADA accessible parking compliance. In addition, dedicated parking lots for retails are located within a few blocks that provide additional parking opportunities. At this time it is anticipated that construction on this parcel will be completed in the summer of 2020. Representatives from Hodges Architectures and Hillview LP will be present at the meeting to discuss the proposed park development for discussion purposes at that time. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 10, 2018, Parks staff presented this project to the Parks, Recreation and Beautification Board. On January 7, 2019, the Parks, Recreation and Beautification Board recommended to move forward with a recommendation to City Council (7-0). RECOMMENDATION Provide feedback on the concept rendering as presented and provide recommendations. FISCAL INFORMATION The park is being planned and developed by the development firms and will be turned over to the City of Denton once construction is complete. Staff received detailed landscaping information on December 20 and is currently working on a projected maintenance budget. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 Draft Site Plan (Rayzor Ranch Town Center) Exhibit 4 Rayzor Ranch Town Center Master Plan Exhibit 5 Ordinance 98-039 Exhibit 6 Park Rendering Exhibit 7 Landscape Plan A Exhibit 8 Landscape Plan B Exhibit 9 Landscape Plan C Respectfully submitted: Gary Packan Director, Parks and Recreation Drafted by: Jason Donnell Associate Planner, Parks and Recreation Eddie Valdez Management Analyst, Parks and Recreation Exhibit5 ARTICLE III. - PARK DEDICATION Sec. 22-33. - Purpose. (a) This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development of the City of Denton. This article is enacted in accordance with the home rule powers of the city granted under the Texas Constitution, and the statutes of the State of Texas, including, but not by way of limitation, V.T.C.A., Local Government Code § 51.071 et seq. (provisions applicable to home-rule municipality) and § 212.001 et seq. (municipal regulation of subdivisions and property development). It is hereby declared by the city council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. (b) Neighborhood parks are those parks providing for a variety of outdoors recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, the following requirements are adopted to effect the purposes stated. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-34. - Definition of terms. For purposes of this policy, the following terms shall be defined as follows: Developer/owner means the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Residential subdivision means the division or redivision of land into five (5) or more lots, tracts, sites or parcels for the purpose of developing residential dwelling units. Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping. Neighborhood park means open space area encompassing five (5) to twenty (20) acres. Neighborhood parks should provide recreational land for residents within an approximate one-half (½) mile service radius. Park dedication requirements means collectively, dedication and/or construction of park facilities, in lieu dedication fee and park development fee. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-35. - Applicability. The park dedication requirements of this article shall apply to every residential subdivision and every building permit for construction of a dwelling unit approved after the effective date of this ordinance, except as hereinafter expressly provided to the contrary. (1) Land dedication requirements set forth in section 22-37 shall not apply to an application for approval of a preliminary or final plat for a residential subdivision that was initially filed before the effective date of this ordinance, and which plat has not expired. For all plat applications for a residential subdivision filed after the effective date of this ordinance, land dedication and/or construction requirements for park facilities shall be imposed at the time of preliminary plat approval. (2) Requirements for payment of fees in lieu of park land dedication set forth in section 22-38 shall not apply to any final plat for a residential subdivision that was approved prior to the effective date of this ordinance, nor to any application for a building permit within such subdivision thereafter filed, provided that no replat is necessary. Fees in lieu of park land dedication for all other residential subdivisions shall be paid at the time of release of the final plat for any portion of the subdivision by the city for filing in the county plat records. (3) Requirements for park development fees set forth in section 22-39 shall not apply to any application for a building permit in a residential subdivision that was filed prior to the effective date of this ordinance. Park development fees for all other residential building permits shall be paid prior to issuance of such permits. (4) Following initial imposition and satisfaction of park dedication requirements, additional requirements shall apply to revised plat applications for residential subdivisions and to renewed applications for building permits to construct residential dwellings only if such revised or renewed application results in an increase in the number of dwelling units. In such case, park dedication requirements then in effect shall apply only to the additional dwelling units proposed in the application. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-36. - Planning. (a) It is the policy of the city to require developer/owners of residential subdivisions and lots to provide for park land and park facilities at the time of development approval in proportion to the need for such improvements created by the developments and in proportion to the benefits received from contribution of such facilities. It is the city's further policy to impose park dedication requirements consistent with the city's comprehensive plan and officially adopted park and recreation plan. (b) The city shall require developers of residential subdivisions or lots to dedicate land for neighborhood parks, make payment of cash in lieu thereof, make payment of cash for park development fees or construct recreational or park improvements in lieu thereof, or require dedication of additional park land, as hereinafter provided, for park purposes to meet the park and recreational needs as a condition of the development approval The city shall have the right, in its sole discretion, to require a combination of park land dedication and/or payment of cash in lieu thereof, and/or payment of cash for park development fees and/or construction of recreational and park improvements in lieu thereof in order to meet park dedication requirements. (c) The city shall base park dedication requirements on the number of persons expected to reside in a development. The standard for public park land shall be two and one-half (2.5) acres per one thousand (1,000) population. For each residential subdivision, the following formula shall be used to calculate park land needs: 2.5 Acres x (No. of Units) x (Persons/Unit) = Acres to be dedicated 1,000 population The number of persons per unit shall be based on both current U.S. census information and data compiled by the city and shall be periodically reviewed and updated. The following figures represent the average number of persons per unit by current density categories, and shall be used to calculate park land dedications. (1) Single-family detached/duplex 2.8 persons/unit (2) Multifamily 1.8 persons/unit (d) Park development fees shall be based upon an assumed cost of typical improvements for five (5) acres neighborhood park of two hundred eight dollars ($208,000). Development costs shall be apportioned among types of dwellings units and park development fees shall be charged in accordance with the following formula: (1) Single-family dwelling: $291.00 (2) Multifamily dwelling: $187.00 (e) Where a substantial private park and recreational area is provided in a proposed residential subdivision and such area is to be privately owned and maintained by the future residents of the subdivision, partial credit may be given to the developer/owner, not to exceed fifty (50) percent of the total acreage requirements for land dedication if the city finds that it is in the public interest to do so and that all the following standards are met: (1) That yards, court areas, setbacks and other open areas required to be maintained by the zoning and subdivision rules and regulations ordinances shall not be included in the computation of such private open space; (2) That the private ownership and maintenance of the open space is adequately provided for by recorded agreement, covenants or restrictions; (3) That the use of the private open space is restricted for park and recreation purposes by recorded covenant, which runs with the land in favor or future owners of the property and which cannot be defeated or eliminated without the written consent of the city or its successors; (4) That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location; (5) That facilities proposed for the private open space are in substantial accordance with the provisions of the comprehensive plan, parks and recreation plan and other adopted plans of city; and (6) That the private open space for which credit is given is a minimum of two (2) acres and provides a minimum of four (4) of the local park elements listed below, or a combination of such and other recreational improvements that will meet the specific recreation park needs of the future residents of the area: Criteria List Credit Acres Children's play apparatus area .50 - .75 Landscape park-like and quiet areas .50 - 1.00 Family picnic area .25 - .75 Game court area .25 - .50 Turf playfield 1.00 - 3.00 .25 - .50 Recreation center building .15 - .25 Recreation community gardening .15 - .25 Before credit is given, the city shall make written findings that the above standards are met. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-37. - Land dedication. (a) Dedication of park land shall be proportional to the number and type of dwelling units proposed for a residential subdivision. The number of acres of land to be dedicated shall be determined using the formula in section 22-36(c). (b) Where a proposed residential subdivision contains multifamily dwelling units and information is not provided concerning the number of such units, the city shall assume the highest density allowed for the property to determine the projected population for the development. (c) The land required to be dedicated or conveyed may be located inside or outside the subdivision development so long as the land is located within one-half (½) to one (1) mile of the periphery of the development so as to serve or benefit the residents of such subdivision. (d) The parks and recreation department, based upon review of the preliminary plat, initially shall determine the feasibility of park land dedication for a residential subdivision and the amount of land to be dedicated to the city for neighborhood park purposes, utilizing site selection criteria contained in section 22-41. The department's determination shall be forwarded to the Denton Department of Planning and Development for processing with the preliminary plat. (e) In residential subdivisions which are to be platted in two (2) or more phases, the required park land dedication, pursuant to this article, must be provided in each phase of the subdivision with one (1) exception. In its sole discretion, the city may authorize the developer to reserve park land for dedication in subsequent phases of the subdivision by paying into a city escrow fund a dollar amount equal to the fees in lieu of dedication otherwise due for the phase under section 22-38. The form and provisions of the escrow agreement shall be approved by the city attorney and city engineer. The escrow funds must be paid to the city prior to the filing of the first phase final plat and shall be maintained in the escrow fund pending the platting of the project phase that contains the park land to be dedicated. Escrow funds will be returned to the developer, without interest, upon the filing of the final plat for the subsequent phase that dedicates the required park land. In addition, the developer shall dedicate a reversionary public access easement on the final plat of the initial phase(s) where necessary to provide effective public access, maintenance and use of any park land to be dedicated. (f) If a replat is filed, the dedication requirements shall be controlled by the regulations in effect at the time of original platting, except that land dedication (or fee in lieu of) requirements then in effect shall be applied to any additional dwelling units proposed for the replat. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-38. - Payment of fees in lieu of park land dedication. (a) If the calculation for required park land within the proposed subdivision development results in less than five (5) acres or does not meet criteria as per section 22-41, the parks and recreation department shall determine the amount of a fee in lieu of park land dedication in accordance with this section. (b) The amount of the fee in lieu of park land dedication shall be calculated as follows. The Department first shall determine the total amount of land required to be dedicated in accordance with section 22- 37. The value of the land shall be calculated as the average estimated fair market value per acre of the land being subdivided at the time of preliminary plat approval, reduced by the value of any land actually to be dedicated for park purposes. The net value of the land otherwise to be dedicated shall be apportioned among the total number of dwelling units proposed for the residential subdivision and by dwelling unit type. (c) If the developer/owner objects to the fair market value determination, the developer/owner, at his own expense, may obtain an appraisal of the property by a state certified real estate appraiser, mutually agreed upon by the city and the developer/owner, which appraisal will be considered by the city in determining fair market value. All costs required to obtain such appraisal shall be borne by the developer/owner. (d) Park dedication fees shall be imposed at the time of preliminary plat approval. Fees shall be paid prior to release by the city of any final plat for filing in the deed records of Denton County. Park dedication fees established for the preliminary plat shall apply to subsequent approved final plats for a period of two (2) years from the date of preliminary plat approval by the planning and zoning commission. Thereafter, park dedication fees shall be redetermined and applied to final plats in accordance with subsection (b), using current appraised value of land in the subdivision at time of final plat submittal. (e) All fees collected shall be used for the acquisition of land for a neighborhood park, or development or construction of improvements to existing park land, within one-half (½) mile of the periphery of the proposed subdivision development. However, if \[1\] such acquisition opportunities are not available, or \[2\] existing park land is already developed or improved, within one-half (½) mile of the proposed subdivision development, then areas within one (1) mile of the periphery of the proposed subdivision development may be considered for the acquisition, of neighborhood park land and/or construction of improvements to existing park land within such periphery. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-39. - Payment of park development fees. (a) Park development fees shall be established for the purpose of funding neighborhood park improvements. Fees shall be proportional to the cost of neighborhood park facilities, the demand for which is generated by each new dwelling unit. Fees shall be established separately for single-family and multi-family dwelling units. Current park improvement costs and park development fees are set forth in section 22-36(e). (b) Park development fees shall be imposed at the time of building permit application and shall be paid prior to issuance of building permits for the number of dwelling units designated in the application. (c) Park development fees shall be expended on park improvements located in a neighborhood park that benefits the dwelling unit paying the fee, typically within one-half (½) to one (1) mile of the subdivision in which the dwelling unit is located. The criteria for selection of the park site for improvements shall be the same as set forth in section 22-41. (d) The standard costs for development of a neighborhood park as set forth in section 22-36(d) may be updated from time to time on the basis of current development costs, and park development fees shall be adjusted to reflect such updated development costs. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-40. - Special fund; right to refund. (a) There is hereby established a special fund for the deposit of all fees in lieu of park land dedication. collected under this article, which fund shall be known as the park land dedication fund. Within the fund, fees paid shall be earmarked for acquisition of new neighborhood parks or for improvements in existing parks generally located within one-half (½) to one (1) mile of the residential subdivision upon which the fee is imposed. (b) There is hereby established a special fund for the deposit of all park development fees collected under this article, which fund shall be known as the park development fund. Within the fund, park development fees paid shall be earmarked for expenditure on park improvements in a neighborhood park generally located within one-half (½) to one (1) mile of the subdivision in which the dwelling unit for which the fee is paid is located. (c) All fees in lieu of park land dedication and all park development fees paid must be expended within ten (10) years from the date of receipt for park facilities benefiting the residential subdivision or dwelling unit for which the fees are paid. Fees shall be considered expended if they are spent for acquisition or development, respectively, of neighborhood parks located within one-half (½) to one (1) mile of the subdivision for which the fees were paid within the ten-year period. If fees are not expended within such period, the developer/owner shall be entitled to a refund of the principal deposited by the developer/owner in such fund, together with accrued interest. The developer/owner must request such refund in writing within three hundred sixty-five (365) days of entitlement or such right shall be waived. (d) Interest accruing to the park land dedication fund and to the park development fund shall be expended on neighborhood park land acquisition and for neighborhood park improvements, respectively. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-41. - Site selection/characteristics of park. (a) In selecting a site for a park, the city shall avoid an accumulation of unrelated parcels of land or an accumulation of land unsuitable for park purposes. (b) Parks shall be selected on the basis of obtaining natural, park-like settings where available and shall consist of diverse topography and open space suitable for the development of recreational facilities. (c) Neighborhood park size should be a minimum of five (5) acres and obtained as one (1) complete parcel. If a development parcel cannot provide the minimum five (5) acre parcel or a smaller parcel which can potentially be contiguous to existing or future park parcels, then a fee in lieu of park land or a combination of fee and park land dedication shall be required in accordance with section 22-37. (d) Park sites shall be located, whenever possible, adjacent to and contiguous with school sites and other public or nonprofit agency sites in order to make maximum use of common facilities and grounds. (e) Careful consideration shall be given to the need for development of parks around natural drainage and wooded areas, which provide potential recreational uses. Criteria for floodplain areas (based upon 100-year storm) usage is as follows: (1) Floodplain and natural drainage areas shall generally not exceed seventy-five (75) percent of the total park site. (2) At least fifty (50) percent of required dedicated park land shall have slopes in range of two (2) to five (5) percent, well drained, and suitable for active use development. (3) Floodplain acreage may be dedicated at a ratio of three to one (3:1) in acres in lieu of nonfloodplain property. Any consideration of additional floodplain acreage shall be as agreed upon between the parks and recreation department and the developer/owner. (f) Proposed park land boundaries shall provide street frontage for readily accessible entry into the park area by the public and water, sanitary sewer and electric improvements shall be readily available to the park from an adjacent street right-of-way or public utility easement. If the developer/owner requests delay in the construction of said improvements because of phasing of subdivision development, the developer/owner shall escrow sufficient funds in behalf of the city, the form and provisions of such escrow agreement shall be approved by the city attorney and the city engineer, to cover the cost of such construction as determined by the city engineer. (g) Prior to dedication of land, the developer/owner shall make full disclosure of the presence of any hazardous substances and/or underground storage tanks (U.S.T.'s) of which the developer/owner has knowledge. The city, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land, as it may deem appropriate, and the developer/owner shall grant to the city and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. (h) If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of U.S.T.s, the city may require further survey and tests to be performed at the developer/owner's expense as the city may deem necessary prior to its acceptance of the dedication, or in the alternative, the developer/owner may be required to identify alternative property or pay the fees in lieu of such park land dedication. (i) The park site shall be free of trash and debris and if the dedicated park land's natural condition is disturbed during construction of subdivision improvements then developer/owner shall be responsible for returning the dedicated land to its natural condition prior to or at the time of final plat filing and the public improvements to be constructed per the applicable subdivision plat will not be accepted by the city until such time that the above conditions have been met. (Ord. No. 98-039, § I, 2-17-98) Sec. 22-42. - Decision making; appeals. Unless otherwise provided herein, an action by the city in determining compliance with the terms of this article refers to a determination by the parks and recreation department. The developer/owner of land subject to park dedication requirements may appeal any determination by the parks and recreation department under this article to the city council for a final decision. The appeal shall be in writing and shall be filed with the planning and zoning commission, which shall make its recommendation to the city council. The city council will not review the appeal of any determination by the parks and recreation department without first obtaining the recommendation of the planning and zoning commission. No final plat shall be approved by the planning and zoning commission which varies the terms of this article or which does not comply with the parks and recreation department's determination without final resolution of the appeal by the city council. (Ord. No. 98-039, § I, 2-17-98) 6 Exhibit City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-716,Version:1 AGENDA CAPTION Receiveareport,holdadiscussion,andgivestaffdirectionregardingthepotentialleasingofa3.5acres property at 308 Bradley Street, the former site of Veterans Village and Bradley Street Apartments. City of DentonPage 1 of 1Printed on 3/29/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Antonio Puente Jr. Interim ACM DATE: April 2, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the potential leasing of a 3.5 acres property at 308 Bradley Street, the former site of Veterans Village and Bradley Street Apartments. BACKGROUND The conclusion of World War II created a new type of student eager to exchange their military service for higher education. In 1946, the flood of former soldiers wanting to attend North Texas State Teachers College (now UNT) generated growth. However, it also created a housing crisis for these non-traditional students. Bruce Hall dormitory construction began in 1946 but was not scheduled to open until 1947. The College purchased an empty three plus (3+) acre lot at 308 Bradley Street, between West Oak and Scripture. This lot resulted in the building of hutments, an Army-surplus squad hut, to help address the veteran housing crisis. Hutments was the nickname given to the plywood based, pre-fabricated unit housing, being setup at the future Veterans Village on the Bradley Street lot, which the veterans viewed as a cross between an apartment and a hut. On March 1, 1946, the headline on the Campus Chat story, resolved that Veterans Village was selected as the name for hutments. Veterans Village consisted of 50 hutments, separated about 6 feet from each other with small front yards, divided by three roads named (Ann) Sheridan Ave., (Joan) Blondell Ave., and (Nancy) Gates Ave. Ann Sheridan and Joan Blonde Ann Sheridan was a Denton native attending Denton schools and the College until discovered by Hollywood. Joan Blondell was a student at the College from 1926 to 1927 who became a movie star during the 1930s. Hollywood starlet and Denton native, Nancy Jane Gates, was namesake of Gates Avenue. A playground in the middle row of huts provided space for children of veterans to swing and slide, which Ms. Gates secured for their enjoyment. By the end of 1946, 30 married couples and 20 single veterans resided in Veterans Village. The veterans Veterans Village (Information courtesy of Historic Denton, Inc.). The Parks and Recreation Department (PARD) reached out to UNT administration on Monday, February 11, in regards to the potential interest in leasing the approximate 3.5 acres of land located at 308 Bradley Street. This vacant land consists of a level turf area and parking for approximately 30 spaces. On March 22, 2019, UNT responded with a proposed partnership with the City of Denton for a 10-year land lease of this property (Exhibit 3). The City of Denton would be responsible for all infrastructure modifications and maintenance. Required infrastructure modification would include the installation of a sidewalk on Bradley Street, four (4) ADA compliant ramp, eleven (11) trees, and permitting. The total cost for these modifications is $32,150. It is estimated the cost to maintain the property annually would be $10,000. This includes turf care, contract mowing, litter pick-up, miscellaneous repairs, site inspections, and vandalism. If desired, the department could install minor capital items that could be removed and relocated at a later time such as, but not limited to, picnic tables, signage, pavilion, panel fencing, and benches. A decomposed granite trail could be considered with possible construction assistance of volunteers. Local veterans groups on and off campus could be interested in assisting with park improvements. This partnership could connect the past with current veterans helping build the community. Cost of these minor capital improvements is estimated at $40,500. A budgetary supplemental will be submitted for anticipated expenses as directed by City Council. -Minute Walk to a park initiative, this park space improves accessibility for residents that live to the east. OPTIONS Recommend approval for a 10-year lease agreement with UNT, or not recommend. RECOMMENDATION Recommend approval for a 10-year lease agreement with UNT. FISCAL INFORMATION A budgetary supplemental will be submitted to projected funding as directed by City Council. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 UNT Letter Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Eddie Valdez Management Analyst, Parks and Recreation Exhibit3 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-743,Version:1 AGENDA CAPTION Provide a report, hold a discussion, and give staff direction regarding appointment to, and removal from, all boards and commissions of the City. City of DentonPage 1 of 1Printed on 3/29/2019 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: April 2, 2019 SUBJECT Provide a report, hold a discussion, and give staff direction regarding appointment to, and removal from, all boards and commissions of the City. BACKGROUND leave of absence Board position. Article III, Division 3, Section 2-83(c) of the City of Denton Code Ordinances addresses attendance requirements for Boards and Commissions. There is no reference within this article about meetings of the board, commission, or committee of which he or she is a member in any one (1) year or lack of attendance at fifty (50) percent of the number of regular meetings in a year, unless such absence is removal of the member by the city council from such board, commission, or committee. Due to a recent resignation, meeting attendance, and other factors, including two members reported to have taken a leave of absence, concerns ability to maintain a quorum at future meetings. For the Board of Ethics, a quorum is comprised of four members (alternates can be used to reach a quorum). The table below outlines current Board membership status: Member Nominating CM Membership Status Present Term VACANT \[Sandy Kristoferson\] Vacant 2018-2020 Gerard Hudspeth Keely Briggs Lara Tomlin Current 2018-2019 Don Duff Current 2018-2020 Don Cartwright John Ryan Jesse Davis \[Chair\] Current 2018-2019 Deb Armintor Leave of Absence 2018-2019 David Zoltner \[Vice Chair\] Paul Meltzer Karen McDaniels Current 2018-2020 Chris Watts Ron Johnson Abstain due to Conflict 2018-2020 Deb Armintor Current 2018-2020* Deborah Cosimo (alternate) Gerard Hudspeth Attended No Meetings 2018-2020* Ben Clark (alternate) Deb Armintor Leave of Absence 2018-2020* Kara Engstrom (alternate) *Still need to draw lots to determine Term-End date The complaints that the Board of Ethics is currently considering were filed by Board Member, Ron Johnson. As such, Mr. Johnson is currently abstaining deliberation, thereby further limiting the number of members who are eligible to deliberate and resolve the current complaints. Vacancies due to resignations or removal for cause may be filled using th andCommission nomination/appointment process. Once a qualified nominee is submitted, that vacancy can be filled at the next official meeting of the City Council. OPTIONS Staff is seeking direction from the City Council on how to address membership concerns associated with a reported leave of absence by a member of City Board or Commission. Option 1: Consider a reported leave of absence an automatic resignation from the board. This would require an amendment to the Code of Ordinances and, depending on how this is structured, could impact requirements for either the Board of Ethics only or all Boards and Commissions. Option 2: Consider a reported leave of absence as an unexcused absence. Once board members on for removal pursuant to Section 2-83(c) of the Code and Article XIV, Section 14.16 of the City Charter. Alternatively, the City Council may amend Section 2-63 to define a leave of absence as neglect of duty and, therefore, Option 3: Consider a reported leave of absence an excused absence by amending Section 2-83(c) of the Code to make a leave of absence qualify as excused. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Resolution 18-1121 Exhibit 3 Resolution 18-1214 Exhibit 4 Board of Ethics Meeting Attendance Exhibit 5 Ordinance 18-757 Exhibit 6 Ordinance 18-1043 Exhibit 7 Presentation Respectfully submitted: Rachel Wood and Rosa Rios Chief of Staff City Secretary Attachment "A " ! 1 � . � • . � � . � 1 � ; ' !' :�, � � (� Ineligibility. 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McKinney St. Denton, Texas 76201 ���,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��������'��� Legislation Text File #: DCA18-0009j, Version: 1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. City of Denton Page 1 of 1 Printed on 3/29/2019 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� 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: April 2, 2019 SUBJECT Receive a report, hold a discussion, and provide staff direction on the Denton Development Code Update and Draft Zoning Map. BACKGROUND At the March 26 work session staff completed their summary of the draft Subchapters. However, there are still some outstanding discussion items that staff is seeking direction on and other items that City Council requested to be further discussed. Staff is prepared to discuss the following items: Manufactured Home Development Tiny Home Development RV Park Cluster Home Development Short-Term Rental Community Garden Urban Farm Other items as necessary This is the last work session to make any significant changes, due to the publication schedule of the Final Adoption Draft on Wednesday, April 3. If possible, please provide your comments/questions to staff in advance by email so that staff can prepare a response prior to the work session. We encourage individuals interested in the DDC Update and Draft Zoning Map to visit www.DentonCode2030.com for more information or they can call Development Services at (940) 349-8541 during office hours to talk with a member of the City’s Planning staff. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council and Planning and Zoning Commission September 11, 2012 – City Council approved contract with Clarion Associates December 13, 2016 – City Council approved first amendment to contract April 28, 2017, – Purchasing staff approved second amendment to contract November 7, 2017 - City Council approved third amendment to contract March 27, 2018 – City Council Work Session regarding Administration and Procedures (Module 2) March 28, 2018 – Special Called Planning and Zoning Commission Work Session regarding Administration and Procedures (Module 2) April 10, 2018 - City Council Work Session regarding DDC Advisory Committee November 14, 2018 – Planning and Zoning Commission Work Session February 12, 2019 – City Council Work Session #1 February 13, 2019 - Planning and Zoning Commission Work Session #1 February 20, 2019 - Planning and Zoning Commission Work Session #2 February 26, 2019 – City Council Work Session #2 February 27, 2019 - Planning and Zoning Commission Work Session #3 March 5, 2019 – City Council Work Session #3 March 6, 2019 - Planning and Zoning Commission Work Session #4 March 19, 2019 – City Council Work Session #4 March 20, 2019 - Planning and Zoning Commission Work Session #5 March 26, 2019 – City Council Work Session #5 Development Code Review Committee 34 meetings Other Boards and Commissions October 29, 2018 – Zoning Board of Adjustment Meeting November 12, 2018 – Historic Landmark Commission Public Meetings June 7, 2017 – Kick-off Open House September 28, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meeting November 13 - 15, 2017 – Zoning Districts and Use Regulations (Module 1) Public Meetings March 28, 2018 - Administration and Procedures (Module 2) Public Meeting April 21, 2018 – Redbud Festival April 23, 2018 – Public Meeting at Fred Moore High School April 26, 2018 – Public Meeting at LaGrone Advance Technology Center May 2 – 3, 2018 – Office Hours at Development Services Center May 5, 2018 – Denton Community Market May 7, 2018 - Public Meeting at the Denton Convention Center May 10, 2018 - Public Meeting at Sam Houston Elementary School May 12, 2018 - Public Meeting at the Civic Center June 22, 2018 – Juneteenth Celebration August 4, 2018 – Denton Community Market October 6, 2018 – Denton Community Market November 3, 2018 – Denton Community Market January 17, 2019 – State of the City February 13, 2019 - Public Meeting #1 at the Council Chamber February 25, 2019 - Public Meeting #2 at the Council Chamber February 28, 2019 - Public Meeting #3 at the Civic Center March 18, 2019 - Public Meeting #4 at the Civic Center March 21, 2019 - Public Meeting #5 at the Civic Center Stakeholder Meetings March 28, 2018 - Denton Community Development Alliance April 18, 2018 - Denton Community Development Alliance April 18, 2018 - Administration and Procedures (Module 3) Public Meeting April 30, 2018 – Denia Neighborhood Meeting May 15, 2018 – AIA Dallas Codes and Standards Committee May 21, 2018 – Evening Rotary Club June 11, 2-18 – North Texas Fair and Rodeo Board (President) July 10, 2018 – Kiwanis Meeting August 27, 2018 – SEDNA Meeting November 6, 2018 – Kiwanis Meeting November 27, 2018 – AIA Dallas Codes and Standards Committee November 28, 2018 - Denton Community Development Alliance December 3, 2018 – Denia Neighborhood Meeting February 13, 2019 - Denton Community Development Alliance February 18, 2019 - Denton Community Development Alliance 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 #:ID 19-692,Version:1 AGENDA CAPTION 2019 Arbor Day City of DentonPage 1 of 1Printed on 3/28/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-396,Version:1 AGENDA CAPTION Consider adoption of an ordinance approving an Airport Land Lease Agreement between the City of Denton and Mark Hicks Transport, LLC; and providing an effective date. The Council Airport Committee recommends (3-0). City of DentonPage 1 of 1Printed on 3/29/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Airport ACM: Antonio Puente, Jr. DATE: April 2, 2019 SUBJECT Consider adoption of an ordinance approving an Airport Land Lease Agreement between the City of Denton, Texas and Mark Hicks Transport, LLC; and providing an effective date. The Council Airport Committee recommends adoption of the ordinance (3-0). BACKGROUND Airport staff has entered negotiation with Mark Hicks Transport, LLC to lease a 1.298 acre building site (Exhibit 2) for construction of automobile parking. The tenant has submitted his proposed hangar development to the Development Review Committee and the tenant is aware that no construction can begin until a property lease is approved by the City Council and the issuance of a building permit. The attached ordinance (Exhibit 3) with a draft of the proposed property lease is based on the standard lease agreement used by the Airport and the Legal Department. It is presented for consideration of the Council Airport Committee (CAC) to allow Airport staff to present the finalized lease directly to the City Council, if no substantial changes are made in the lease agreement. STAFF RECOMMENDATION Airport Staff recommends approval of the Ordinance (Exhibit 3). PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council Airport Committee recommended approval (3-0) on March 26, 2019. FISCAL INFORMATION The lease for this 1.298 acre parcel will be for thirty (30) years beginning at a rate of $0.30 per square foot annually ($16,962.26) upon issuance of a building permit. Beginning with the second anniversary of an approved lease, and every second year thereafter, the lease rate will be adjusted based upon any increase in the Consumer Price Index (CPI) as provided in the lease terms. EXHIBITS 1. Agenda Information Sheet 2. Site Plan 3. Ordinance - Mark Hicks Transport, LLC Lease Agreement 4. Lessee Information Respectfully submitted: Scott T. Gray, C.M., C.A.E. Airport Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-638,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to accept on behalf of the City an offer from the Texas Department of Transportation (“TxDOT”) relating to a grant of $693,260.00; requiring the City to provide $176,740.00 in contributory funds, for engineering and construction of parallel runway lighting improvements at the Denton Enterprise Airport; and providing for an effective date. The Council Airport Committee recommends (3-0). City of DentonPage 1 of 1Printed on 3/29/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Airport ACM: Antonio Puente, Jr. DATE: April 2, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or his designee, to a grant of $693,260; requiring the City to provide $176,740 in contributory funds for engineering and construction of parallel runway lighting improvements at Denton Enterprise Airport; and providing for an effective date. The Council Airport Committee recommends adoption of the ordinance (3-0). BACKGROUND Airport staff previously submitted a request to TxDOT Aviation for an Airport Improvement Project (AIP) grant to fund the parallel runway lighting improvements project, which is included on the TxDOT Airport Capital Improvement Program (Exhibit 2). This grant funding request has been acknowledged by TxDOT Aviation and will be presented to the Texas Transportation Commission for acceptance if approved by the Denton City Council. The first step toward receiving a grant to fund this project is for the City Council to approve the project and formally request the grant by approving the attached Ordinance (Exhibit 3). Included with the ordinance to authorize this project, the City also confirms using KSA Engineering as the design engineer whom was previously selected in a consultant selection process (Exhibit 4). If Council approves the ordinance formally requesting the grant project, subsequent steps will be to execute an Airport Project Participation Agreement (APPA) for the engineering phase of the project, and, a subsequent APPA for the construction phase of the project. Engineering is estimated to be $70,000 with the balance of the project for construction estimated to be $800,000. The City matching funds will be paid to TxDOT Aviation only after approval of each APPA. ESTIMATED SCHEDULE OF PROJECT An Airport Project Participation Agreement (APPA) for the engineering phase of the project is anticipated to follow in the next several months, with anticipated completion in early summer 2019. The APPA for the construction phase would be anticipated in September/October 2019, with completion anticipated to be in late 2019. STAFF RECOMMENDATION Airport Staff recommends approval of the Ordinance (Exhibit 3). PRIOR ACTION/REVIEW (Council, Boards, Commissions) Council Airport Committee recommended approval 3-0 on March 26, 2019 Airport Advisory Board recommended approval 4-0 on March 13, 2019 FISCAL INFORMATION Local funding of approximately twenty percent (20%) of the total cost in the amount of $176,740 has been identified to be funded from previously issued Certificates of Obligation. The previous Certificates of Obligation were originally for the construction of the parallel runway, which required lower than anticipated funding due to lower overall construction costs. As a result, a portion of the balance of the remaining funds will be used to match the grant for this project. This will eliminate the need to issue additional Certificates of Obligation as originally anticipated. EXHIBITS 1. Agenda Information Sheet 2. Airport Capital Improvement Program 3. Ordinance 4. KSA Letter Respectfully submitted: Scott Gray Airport Manager 215 E. McKinney St., Denton, TX 76201 (940) 349 -8307 April 2, 2019 Allison Martin Texas Department of Transportation Aviation Division th 125 E. 11 Street Austin, Texas 78701-2483 Re: TxDOT CSJ No: 1918DNTON Dear Ms. Martin: In reference to the future project referred above, City of Denton would like to utilize the services of KSA Engineers, Inc., as the design engineer for this current referenced project in accordance with the consultant selection process which we previously performed on 1518DENTN. At that time, KSA Engineers, Inc. was selected as the design engineer for this scope of services within five years. Sincerely, Todd Hileman City Manager OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-645,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteaProfessionalServicesAgreementwithTeagueNallandPerkins,Inc.,for professionalsurveyingservicesassetforthinthecontract;providingfortheexpenditureoffundstherefor;and providinganeffectivedate(RFQ6965-ProfessionalServicesAgreementforprofessionalsurveyingservices awardedtoTeagueNallandPerkins,Inc.,inthethree(3)yearnot-to-exceedamountof$900,000).ThePublic Utilities Board recommends approval (7-0). City of DentonPage 1 of 1Printed on 3/28/2019 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: April 2, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Teague Nall and Perkins, Inc., for professional surveying services as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 6965 Professional Services Agreement for professional surveying services awarded to Teague Nall and Perkins, Inc., in the three (3) year not-to-exceed amount of $900,000). The Public Utilities Board recommends approval (7-0). RFQ INFORMATION /BACKGROUND The City of Denton has contracted for surveying services through a series of indefinite delivery type professional services agreements since Fiscal Year 2003. Since 2016, the current contract, with an amended value of $670,000, has been with Teague Nall and Perkins, Inc. The City has now utilized the full amount of the contract value and needs to enter into a new indefinite quantity contract for professional surveying services. Request for Qualifications (RFQ) for professional surveying services was sent to 436 prospective firms for these services. In addition, the RFQ was placed on the Materials Management website for prospective respondents to download, and advertised in the local newspaper. Eighteen (18) statement of qualifications (SOQ) were received. The SOQs were evaluated based on published criteria including past performance, experience, timeliness of response, and workload capacity. Based on this evaluation, the recommended award is to Teague Nall and Perkins, Inc. and is determined to be the most qualified firm for the City (Exhibit 2). Teague Nall and Perkins, Inc., has a long history of delivering surveying services for the City of Denton as well as other Metroplex municipalities in a timely and efficient manner. Their qualifications to perform these services have been clearly demonstrated to the satisfaction of staff across the organization. The new fee schedule is based on hourly rates for labor and direct cost reimbursement rates for printing and mileage services. The hourly rates for the new fee schedule are approximately 3% higher than the 2016 contract fee schedule. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On March 25, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a contract with Teague Nall and Perkins, Inc., for professional surveying services, in the not-to-exceed amount of $900,000. PRINCIPAL PLACE OF BUSINESS Teague Nall and Perkins, Inc. Denton, TX ESTIMATED SCHEDULE OF PROJECT This is a three (3) year contract. FISCAL INFORMATION Every department in the City will be able to utilize this contract for surveying services. A purchase order shall be issued for each survey request with the funding coming from the requesting department. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Evaluation Sheet Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: James Wilder at 940-349-8953. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 RFQ 6965 - Evaluation Sheet for Surveying Serivces Identification and Past Performance Timeliness of Experience and Understanding of and Experience Response to Workload Qualifications Key Total the City's (Magnitude and Survey Task Capacity Personnel RequirementsComplexity)Requests RANKFIRM10%30%20%20%20%100 10%30%20%20%20% 1Teague Nall and Perkins100% 10%30%20%19%20% 2Halff Associates99% 10%30%20%18%20% 398% Brittain & Crawford 10%30%20%20%17% 4Cobb Fendley97% 10%30%20%18%19% 5Criado Associates97% 10%30%20%19%18% 6Wier and Associates97% 10%30%20%19%17% 7McAdams dba G&A/McAdams96% 10%30%20%18%17% 8Nathan D. Maier Consulting95% 10%30%20%17%17% 9TranSystems94% Westwood Multi-Disciplined 10%30%20%17%17% 1094% Surveying 10%28%20%18%18% 11Adams Surveying Company94% 10%30%20%18%15% 1293% BW2 Engineers 10%30%15%18%17% 13RLG Consulting Engineers90% 10%20%20%19%18% 14Jones Carter (JIC)87% 5%30%20%15%15% 15Hayter Engineering85% 10%20%20%18%17% 16Surveying and Mapping85% 5%30%20%5%15% 17SAMES75% 5%25%20%5%10% 1865% Pinnacle Consulting Management ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TEAGUE NALL AND PERKINS, INC., FOR PROFESSIONAL SURVEYING SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6965 PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SURVEYING SERVICES AWARDED TO TEAGUE NALL AND PERKINS, INC., IN THE THREE (3) YEAR NOT-TO-EXCEED AMOUNT OF $900,000). WHEREAS, Teague Nall and Perkins, Inc., t set forth in this ordinance is being selected as the most highly qualified on the basis of its demonstrated competence and qualifications to perform the proposed professional services; and WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recommended practices and fees published by the professional associat provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager is authorized to enter into a professional service contract with Teague Nall and Perkins, Inc., to provide professional surveying services for the City of Denton, a copy of which is attached hereto and incorporated by reference herein. SECTION 2. The City Manager is authorized to expend funds as required by the attached contract. SECTION 3. The City Council of the City of Denton, Texas expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under RFQ 6965 for surveying services,to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. The findings in the preamble of this ordinance are incorporated herein by reference. SECTION 5.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 \[___ - ___\]: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-648,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforthepurchaseofthree(3)AmericanSignalCorporationearlywarning sirenswithAmericanSignalCorporation;whichisthesoleproviderofthisiteminaccordancewithTexas LocalGovernmentCode252.022,whichprovidesthatprocurementofcommoditiesandservicesthatare availablefromonesourceareexemptfromcompetitivebidding;andifover$50,000shallbeawardedbythe governingbody;andprovidinganeffectivedate(File7010-awardedtoAmericanSignalCorporationinthe not-to-exceed amount of $76,323). City of DentonPage 1 of 1Printed on 3/28/2019 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: April 2, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of three (3) American Signal Corporation early warning sirens with American Signal Corporation; which is the sole provider of this item 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 7010 - awarded to American Signal Corporation in the not-to-exceed amount of $76,323). INFORMATION /BACKGROUND The City of Denton currently controls nineteen (19) outdoor early warning sirens. The warning system alerts and notifies citizens in outdoor areas of emergency situations. These situations include but are not be limited to natural emergencies, transportation accidents involving hazardous materials, emergencies at fixed facilities, acts of terrorism or other catastrophic events in which the community needs to be informed immediately. The Fire Department was approved to install three (3) additional sirens located in the proximity of Guyer High School, Fire Station 7 on Vintage Blvd., and Unicorn Lake (Briarcliff Park) as part of the 2018-19 fiscal year system, American Signal Corporation, and created a contract. American Signal Corporation is the sole distributor of American Signal Corporation community warning products in the State of Texas and the sole-source vendor for continued upgrade, support, and maintenance for the sirens. Adding other manufacturer sirens would require duplication of siren activation equipment, another siren server, and an additional maintenance agreements. Activation and operational equipment from different siren manufacturers are not compatible with the existing equipment, and American Signal Corporation products are captive components for existing infrastructure and equipment. Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services that are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. RECOMMENDATION Award a contract with American Signal Corporation, as a sole source supplier, for the supply of three (3) American Signal Corporation early warning sirens, in the not-to-exceed amount of $76,323. PRINCIPAL PLACE OF BUSINESS American Signal Corporation Milwaukee, WI ESTIMATED SCHEDULE OF PROJECT This purchase will take place upon approval. FISCAL INFORMATION These items will be funded from the Fire Department Capital Improvement Project account 100262469.1350.30100. Requisition #141651 has been entered into the Purchasing software system in the amount of $76,323. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Sole Source Letter Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-348-7100 Purchasing Manager For information concerning this acquisition, contact: Michael Penaluna at 940-349-8836. Legal point of contact: Mack Reinwand at 940-349-8333. February 06, 2019 City of Denton 332 E. Hickory Street Denton, TX 76201 RE: Sole Source Justification Mr. Michael Penaluna, The purpose of this letter is to provide sole, or single, source justification to the City of Denton, Texas for the purchase and implementation of an emergency warning system from the American Signal Corporation of Milwaukee Wisconsin. The system envisioned provides a unique, to American Signal Corporation, combination of highly secure communications, advanced automatic warning capabilities, and unparalleled mobility. Please note that the City of Denton Sirens. ue in that it fully implements the infrastructure. AES remains the effective security standard adopted by the Federal Government. ryption of the Hyper Text Transfer Protocol (HTTPS) between the client and the server. weather warnings. NEXGen automatically receives common alerting protocol CAP messages f reads and presents the information to the emergency operations personnel, but can also automatically activate the warning system based upon the specific message contents. T- are capable of producing three distinct sounds. The Sirens are also constructed using weather resistant fiberglass enclosures to withstand the elements and harsh conditions. American Signal Corporation offers a complete solution that has already been purchased by many other Municipalities around the world. By purchasing from American Signal Corporation the City of Denton has the ability to expand their system to be able to broadcast Emergency Alerts across multiple indoor, outdoor and personal alerting devices utilizing a single system developed, installed and deployed directly by the manufacturer. Sole source opportunities through ASC will allow the City of Denton to continue receiving favorable pricing and factory direct service on all future mass notification equipment needs. If there are any further questions, or if we may be of further service, please do not hesitate to contact us. Thank you, Brad Swanson | Territory Manager bswanson@americansignal.com Direct: -0806 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-529,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theapprovalofafourthamendmenttoaProfessionalServicesAgreementbetweentheCityofDentonand ParkhillSmith&Cooper,amendingthecontractapprovedbyCityCouncilonApril5,2016,inthenot-to- exceedamountof$274,150,amendedbyAmendments1-3approvedbyPurchasingStaff;saidfourth amendmenttoprovideprofessionalandengineeringservicesinthepreparation,development,andsubmittalof thepermitapplicationandtheassociatedservicesrequiredtosecureaPermitAmendmentfortheCityof Denton’sMunicipalSolidWaste(MSW)Facility,MSWPermit#1590Bintheamountof$85,500;providing fortheexpenditureoffundstherefor;andprovidinganeffectivedate(File6097-providingforanadditional fourthamendmentexpenditureamountnot-to-exceed$85,500,withthetotalcontractamountnot-to-exceed $429,010). The Public Utilities Board recommends approval (7-0). City of DentonPage 1 of 1Printed on 3/28/2019 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: April 2, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a fourth amendment to a Professional Services Agreement between the City of Denton and Parkhill Smith & Cooper, amending the contract approved by City Council on April 5, 2016, in the not-to-exceed amount of $274,150, amended by Amendments 1- 3 approved by Purchasing Staff; said fourth amendment to provide professional and engineering services in the preparation, development, and submittal of the permit application and the associated (MSW) Facility, MSW Permit# 1590B in the amount of $85,500; providing for the expenditure of funds therefor; and providing an effective date (File 6097 providing for an additional fourth amendment expenditure amount not-to-exceed $85,500, with the total contract amount not-to- exceed $429,010). The Public Utilities Board recommends approval (7-0). INFORMATION /BACKGROUND The Municipal Solid Waste (MSW) permitting and amendment process is a lengthy and complex process spanning multiple years, involving design, public input, and the involvement of multiple regulatory agencies on numerous technical and administrative issues. The permit amendment will consolidate the many minor permit modifications issued over the last several years and will be based on the latest State of Texas major MSW rule changes of 2006. In addition, the new permit will accommodate the incorporation of newer industry technologies and will address potential end uses of the closed landfill disposal areas. To complete the two lead consultants for this project: Lloyd Gosselink, Attorneys-at-Law to provide the legal consulting services and Parkhill Smith & Cooper to provide professional, engineering, and consulting services on the project. The permit application is currently undergoing technical review by the Texas Commission on Environmental Quality (TCEQ). Remaining steps in the permitting process include the acceptance of public comments and if necessary, public meetings and administrative hearings. This fourth amendment provides expenditure authority for the remainder of the technical review process, public meetings and hearings, and a permit modification to incorporate changes resulting from the Mayhill Road realignment. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On April 5, 2016, City Council Approval the Original Contract with Parkhill Smith & Cooper, in the amount of $274,150 (Ordinance 2016-100). On March 25, 2019, the Public Utilities Board (PUB) recommended this item to the City Council for consideration. RECOMMENDATION Award a fourth amendment to the Professional Services Agreement between the City of Denton and Parkhill Smith & Cooper, for additional professional services for the City of Denton Solid Waste & Recycling Department, in the amount not-to-exceed $85,500, for a total amended contract amount not-to-exceed $429,010. PRINCIPAL PLACE OF BUSINESS Parkhill Smith & Cooper Lubbock, TX ESTIMATED SCHEDULE OF PROJECT This project is expected to be approximately 18 24 additional months, and possibly longer, but still remains somewhat unknown due to not being able to determine the time process involved with public meetings or a potential contested case hearing. FISCAL INFORMATION These services will be funded from Solid Waste & Recycling job cost project number 660560. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Ordinance and Contract Exhibit 3: Amendments 1-3 Exhibit 4: 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 #:S18-0007c,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,Texas,approvingaSpecificUsePermittoallowfora vehiclerepairuseonapproximately0.57acresite,generallylocatedonthesouthsideofE.McKinneyStreet, approximately135feetwestofOaklandStreetintheCityofDenton,DentonCounty,Texas;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingaseverabilityclauseandan effective date. (S18-0007, Dent One - Auto Hail Repair, Hayley Zagurski). City of DentonPage 1 of 1Printed on 3/29/2019 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: April 2, 2019 SUBJECT Consider adoption of an ordinance for a Specific Use Permit to allow for a vehicle repair use on approximately 0.57 acre. The property is generally located on the south side of E. McKinney Street, approximately 135 feet west of Oakland Street in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S18-0007, Dent One Auto Hail Repair, Hayley Zagurski). BACKGROUND On March 19, 2019 the City Council held a public hearing regarding this request. There were several questions asked by Council members that were intended for the applicant, who was not in attendance at the public hearing. The Mayor closed the public hearing and the Council voted \[7-0\] to postpone this request to the April 2, 2019 meeting to provide another opportunity for the applicant to attend and address questions before making a decision about the request. Following the March 19, 2019 meeting Staff reached out to the applicant by email and phone to inform of the postponement. No response has been received as of the issuance of this report, but Staff will continue to follow up. On February 20, 2019 the Planning and Zoning Commission held a public hearing regarding this request \[7-0\]. At the public hearing the applicant spoke and provided information regarding the business operations of Dent One. No individuals from the public spoke about the request. The request is for a Specific Use Permit (SUP) to permit a vehicle repair use on an approximately 0.57-acre property generally located on the south side of E. McKinney Street, approximately 135 feet west of Oakland Street. The subject property is zoned Downtown Commercial General (DC-G) District, which permits vehicle repair only with an SUP. The subject property consists of two separate parcels of land, both parcels are owned by Second Hand Sports & Game Swap LLC. There are currently three existing businesses located on the property: Second Hand Sports (204 E. McKinney) Ambros Tacos y Mas (208 E. McKinney) Dent One Auto Hail Repairs (208 E. McKinney). Second Hand Sports is located in a separate building on the western side of the property. Ambros Tacos and Dent One are located within the same building, with the restaurant located in the front approximately 430 square feet of the building and the vehicle repair use located in rear approximately 600 square feet of the building. A third, currently vacant, building is also located on the eastern portion of the property. A parking lot containing six spaces is located in the central portion of the property, with a large gravel vehicle storage area located south of the existing parking lot. This request originated as a code violation case. In May 2017 a notice of violation was first issued for Dent One operating without a certificate of occupancy (CO). An initial CO application was made in July of 2017, but the application was denied because the vehicle repair use requires an SUP within the DC-G District. Over the next year multiple applications were made for permits and SUPs, but the applications were never completed. Additional citations were issued for continuing operations without a CO, and the applicant appeared in Court once and was fined for the violation. A more detailed timeline of events is provided in Exhibit 7. In July 2018 a complete SUP application was submitted and reviewed for the project. Over the past few months staff has worked with the applicant to review this request and determine what can be done standards. Afull Staff Analysis of the request is provided as Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of this request, with the following conditions: 1. The vehicle repair use shall be limited to the approximately 600 square foot one-story building area shown on the attached Site Plan. 2. All customer vehicles located at the facility for either repair or pick-up following repair work shall be kept behind the 6-foot wood fence in the gravel storage area shown on the Site Plan. 3. The proposed 6-foot wood screening fence shown on the Site Plan shall be installed and maintained so long as a vehicle repair use is located on the subject property, unless the vehicle storage area is paved and striped as a parking lot. 4. The proposed Type C landscape buffer shown on the Site Plan along the southern property line shall be oposed Type C landscape buffer shall be installed along the eastern property line along the existing wood fence up to the southern edge of the existing vacant building shown on the Site Plan. Additionally, the proposed deciduous ornamental trees within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy tree list in the Site Design Criteria Manual. 5. No storage of inoperable vehicles shall be permitted on the subject property. 6. Failure to adhere to the conditions stated above may result in revocation of the SUP in accordance with DDC Section 35.6.6. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject property was zoned Downtown Commercial General (DC-G) District as part of the 2002 city- wide rezoning. On February 20, 2019 the Planning and Zoning Commission recommended \[7-0\] to approve this request with the Staff recommended conditions. On March 19, 2019 the City Council voted \[7-0\] to postpone this request to the April 2, 2019 meeting. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Site Plan 7. Timeline 8. Notification Map and Responses 9. Presentation 10. Planning and Zoning Commission Meeting Minutes 11. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski Senior Planner Њ Ћ Minutes Ќ Planning and Zoning Commission Ѝ February 20, 2019 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, February 20, 2019 at 2:00 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. Commissioner: Alfred Sanchez, Larry Beck, Jason Cole, ЊЋ Mat Pruneda, Margie Ellis, and Tim Smith. ЊЌ ЊЍ ABSENT: None. ЊЎ ЊЏ STAFF: Scott McDonald, Richard Cannone, Charlie Rosendahl, Ron Menguita, Julie ЊА Wyatt, Hayley Zagurski, Cindy Jackson, Sean Jacobson, Christi Upton, Karen Hermann, ЊБ and Cathy Welborn. ЊВ ЋЉ WORK SESSION ЋЊ ЋЋ Chair Rozell opened the Work Session at 2:09 p.m. ЋЌ ЋЍ 1. Work Session Reports ЋЎ ЋЏ A. Receive a presentation from Denton Independent School District regarding student ЋА generation rates, capacity and planned improvements. ЋБ ЋВ Chair Rozell introduced Paul Andress, with the Operations Department at Denton Independent ЌЉ School District (DISD). ЌЊ ЌЋ Paul Andress introduced Gary Ryan, Ray Bledsoe, and Bob Templeton with Templeton ЌЌ Demographics to discuss construction, planning, and growth for DISD. ЌЍ ЌЎ Bob Templeton, Templeton Demographics, stated they are a consulting firm that specializes in ЌЏ working with school districts to determine enrollment growth. ЌА ЌБ Commissioner Beck questioned if multi- family is included in the presentation. Templeton stated ЌВ multi- family is not included in the presentation, but is tracked very closely. ЍЉ ЍЊ Chair Rozell questioned if the plans for Cole Ranch and Hunter Ranch are included in the future ЍЋ number of 29,000 new homes. Templeton stated he does have the information on Cole Ranch, but ЍЌ as the development goes further into the platting process they will then receive refinements; ЍЍ currently the estimates show about 11,000 lots from Cole Ranch included in the 29,000. ЍЎ Њ Њ Andress stated DISD is working with Hunter and Cole Ranch to place school sites in both Ћ developments. Ќ Ѝ Chair Rozell questioned at what process DISD starts to see the development. Templeton stated as Ў soon as the project comes in as a preliminary plat it is picked up as a future development. Џ А B. Receive a report, hold a discussion, and provide staff direction on the Denton Development Б Code Update and Draft Zoning Map. (DCA18-0009, DDC Update, Ron Menguita). В ЊЉ Ron Menguita, Principal Planner, provided a presentation on the Denton Plan 2030 and the Denton ЊЊ Development Code Update (DDC). Menguita stated the Denton Plan 2030 is used as a guide for ЊЋ decision making, managing growth, and how to look at future development. ЊЌ ЊЍ Chair Rozell questioned if single family residents would be required to meet the threshold ЊЎ requirements. Menguita stated yes residents would be required to conform to the new requirements ЊЏ of the DDC when they are requesting a change. ЊА ЊБ Commissioner Ellis requested a link to access the draft zoning map be placed on the main City of ЊВ Denton webpage. Charlie Rosendahl, Business Services Manager, agreed with Commissioner ЋЉ Ellis. ЋЊ ЋЋ Chair Rozell questioned if staff has done analysis on the properties that could be considered non- ЋЌ conforming. Menguita stated no staff has not. Staff clarified that the DDC update will create ЋЍ nonconformity but will also clean up current non-conformities created back in 2002. ЋЎ ЋЏ Chair Rozell questioned if there is a consequence or remediation for property owners when they ЋА have a non-conforming can continue as a ЋБ non-conforming use and if the property is vacant and marketed they are also able to keep the non- ЋВ conformity; however, if the property is vacant not marketed or not used then they could potentially ЌЉ lose the non-conformity. ЌЊ ЌЋ Richard Cannone, Deputy Director of Development Services, stated staff has been very strategic ЌЌ to ensure that single family uses were not made non-conforming. ЌЍ ЌЎ Chair Rozell questioned since the draft has been public for five days does staff have a report on ЌЏ the number of views and has staff received any feedback or inertia. Menguita stated staff has ЌА received feedback since it has been posted. ЌБ ЌВ C. Hold a discussion on establishing policies and procedures for the Planning and Zoning ЍЉ Commission. ЍЊ ЍЋ Richard Cannone, Deputy Director of Development Service, stated there have been a number of ЍЌ items that have come up that have triggered the need for policies and procedures for the Planning ЍЍ and Zoning Commission. Cannone stated over the last couple of meetings staff has received ЍЎ deferrals or postponement from the applicant after the notices have been sent out. Cannone ЍЏ continued the commission should be the one to grant the postponement or deferral. Ћ Њ Ћ Commissioner Smith stated the applicant should reserve the right to pull their item up until the Ќ agenda is posted. Ѝ Ў Jerry Drake, First Assistant Attorney, clarified the applicant does not reserve the right to postpone Џ an item. The Planning and Zoning Commission is allowed to move the item forward, hear the item, А then decide to postpone the item. Б В Commissioner Ellis requested staff to bring concerns as a work session item to allow the ЊЉ commission the opportunity to discuss implementing policies. Chair Rozell also requested the ЊЊ commission provide staffof any known policies to help staff fill in all gaps. ЊЋ ЊЌ Chair Rozell called a recess at 4:33 p.m. ЊЍ ЊЎ Chair Rozell reconvened the Work Session at 4:42 p.m. ЊЏ ЊА Chair Rozell stated Public Hearing item 3A and 3C have been withdrawn and 3B has been ЊБ postponed to the March 6, 2019 Planning and Zoning Commission meeting. ЊВ ЋЉ Richard Cannone stated staff is requesting item 3L to be opened and continued to the March 6, ЋЊ 2019Planning and Zoning meeting. ЋЋ ЋЌ 2.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for ЋЍ Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may ЋЎ include a full briefing on an item in the order it appears on the regular session agenda. Any such ЋЏ briefing will be repeated in regular session. ЋА ЋБ Julie Wyatt, Senior Planner, presented Item for Individual Consideration 2A. Wyatt stated the ЋВ request is for a proposed Alternative Development Plan for a proposed office development. ЌЉ ЌЊ Chair Ellis questioned if the street tress have been assessed for vision impediment due to the ЌЋ amount of school children. Wyatt stated the trees locations has been assessed by engineering; the ЌЌ trees will be planted between the sidewalk and right-of-way which should not impair ЌЍ visibility. ЌЎ ЌЏ Wyatt stated staff does recommend approval of the request. ЌА ЌБ Hayley Zagurski, Senior Planner, presented Item of Individual Consideration 2B. ЌВ ЍЉ Zagurski stated the request is to deviate from Sections 35.13.9 Perimeter Fences and Screening ЍЊ Requirements, 35.13.10 Access, Parking, and Circulation Requirements, and35.13.13.3.C ЍЋ Nonresidential and Mixed Use Buildings Parking. Zagurski stated Staff recommends approval ЍЌ of this request as it meets the established requirements for the approval of an ADP in DDC ЍЍ 35.13.5.A. Ќ Њ Chair Rozell stated Public Hearing item 3A and 3C have been withdrawn and 3B has been Ћ postponed to the March 6, 2019 Planning and Zoning Commission meeting. Ќ Ѝ Cindy Jackson, Senior Planner, presented Public Hearing item 3D. Jackson stated staff does Ў recommend approval of the request. Џ А Hayley Zagurski, Senior Planner, presented Public Hearing item 3E. Zagurski stated the request is Б to hold a public hearing and consider making a recommendation to City Council regarding a Detail В Plan for Planned Development (PD) 176 to depict a storage warehouse use. ЊЉ ЊЊ Zagurski stated staff recommends approval of the request with the following conditions as it is ЊЋ compatible with the surrounding property and is consistent with the goals and objectives of the ЊЌ Denton Plan 2030: 1. No exterior lighting on the building shall face a single-family residential use, ЊЍ or if such lighting is proposed, it shall be screened from view of adjoining residential properties. ЊЎ A photometric plan shall be provided with the building permit application demonstrating ЊЏ irements in Section 35.13.12. 2. Due to the proximity ЊА of this location to single-family residences, the majority of the PD being residential, and the lack ЊБ ЊВ requirements for non-residential districts as well as the following limitations: a. No illuminated ЋЉ wall signs may face an adjoining single-family use. ЋЊ Commissioner Beck questioned if the two gates in the back of the property is to allow access for ЋЋ maintaining the grass. Zagurski stated yes the gates are there to access for property maintenance. ЋЌ ЋЍ Chair Rozell called a recess at 5:31 p.m. ЋЎ ЋЏ Chair Rozell reconvened the Work Session at 5:37 p.m. ЋА ЋБ Julie Wyatt, Senior Planner and Christi Upton, Environmental Compliance Coordinator, presented ЋВ Public Hearing item 3F. Wyatt stated the request is for an Alternative Environmental Sensitive ЌЉ Area (ESA) to, restore Cross Timbers Upland Habitat on approximately 0.23 acre generally located ЌЊ on the west side of Harbour Mist Trail and restore Riparian Stream Buffer on approximately 1 acre ЌЋ of land generally located north of Pockrus Page, approximately 570 feet east of Fox Sedge Lane. ЌЌ Uptonstated staff recommends approval of the request with following conditions: 1. 195 tree- ЌЍ caliper inches, 35 American Beautyberry shrubs, Blackland Prairie seed mix and Riparian ЌЎ Recovery seed mix and shall be planted. 2. 0.50 acres adjacent to the USACE restoration project ЌЏ shall be planted according to the Alternative ESA Plan. 3. 0.23 acres of Cross Timbers upland ЌА habitat shall be restored according to the Alternative ESA Plan. 4. Annual reporting during the ЌБ first three years describing the cumulative mitigation work performed and the survivability of the ЌВ plantings shall be submitted for staff review and inspection. 5. Plants installed as a part of the ЍЉ proposed native flora revegetation are to be installed and maintained by the current property ЍЊ owner/developer for a period of three (3) years following installation. Plants that are removed, ЍЋ destroyed, or die within that three (3) year period are required to be replaced by the current property ЍЌ owner/developer to achieve 90% survival rate. 6. A bond, letter of credit, or escrow in the amount Ѝ Њ of $24,375.00 ($125.00 per tree-caliper inches to be planted) should be provided to the City within Ћ 60 days of AESA18-0002 approval. Upon completion of the three (3)-year landscape Ќ establishment period, the City shall inspect the trees and determine whether ninety (90) percent of Ѝ the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, Ў the City shall release the bond or letter of credit. In the absence of such a finding, the Applicant Џ shall be notified to replace any unhealthy or dead trees. If the applicant does not take remedial А steps to bring the property into compliance, the City shall make demand for payment on the cash Б bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this Subchapter В in addition to making demand on the security provided herein. 7. NEW Home owner association ЊЉ(HOA) documents shall be created and filed establishing Lot 14 Block F and Lot 20 Block 28 in ЊЊ Villages of Carmel Phase 4B to be owned by the HOA for the purpose of preserving the ESAs in ЊЋ perpetuity. Any maintenance of these lots shall be done according to Subchapter 17 ESA ЊЌ standards. Copy of the HOA documents shall be provided to the City no later than the final annual ЊЍ report. ЊЎ Julie Wyatt, Senior Planner, presented Public Hearing item 3G. Wyatt stated if the Planning and ЊЏ Zoning Commissions opts to recommend approval, the following overlay conditions are suggested ЊА to increase conformance with the Future Land Use (FLU) : 1. Restrict the permitted uses to single- ЊБ family attached dwellings limited to a maximum twelve (12) units per acre \[L(40)\]. 2. Reduce the ЊВ maximum building height to 40 feet. 3. Common area lots owned and maintained by the ЋЉ ЋЊ common area lots must be of sufficient size to accommodate the following entrance features ЋЋ outside any existing or proposed easements located adjacent to Audra Lane: a six foot masonry ЋЌ screening wall and a Type B buffer. A Type B buffer is a ten (10) foot planted strip that includes ЋЍ a combination of five (5) evergreen and deciduous trees and thirty (30) shrubs per one hundred ЋЎ(100) linear feet. ЋЏ Wyatt stated staff recommends denial of the request as it does not meet the Future Land Use ЋА designation as required in the criteria for approval outlined in Denton Development Code Section ЋБ 35.3.4.B. ЋВ Hayley Zagurski, Senior Planner, presented Public Hearing item 3H. Zagurski stated staff ЌЉ recommends approval of this request, with the following conditions: 1. The vehicle repair use shall ЌЊ be limited to the approximately 600 square foot one-story building area shown on the attached Site ЌЋ Plan. 2. All customer vehicles located at the facility for either repair or pick-up following repair ЌЌ work shall be kept behind the 6-foot wood fence in the gravel storage area shown on the Site Plan. ЌЍ 3.The proposed 6-foot wood screening fence shown on the Site Plan shall be installed and ЌЎ maintained so long as a vehicle repair use is located on the subject property, unless the vehicle ЌЏ storage area is paved and striped as a parking lot. 4. The proposed Type C landscape buffer shown ЌА on the Site Plan along the southern property line shall be installed and maintained in accordance ЌБ ype C landscape buffer shall be installed ЌВ along the eastern property line along the existing wood fence up to the southern edge of the existing ЍЉ vacant building shown on the Site Plan. Additionally, the proposed deciduous ornamental trees ЍЊ within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy tree ЍЋ list in the Site Design Criteria Manual. 5. No storage of inoperable vehicles shall be permitted on Ў Њ the subject property. 6. Failure to adhere to the conditions stated above may result in revocation Ћ of the SUP in accordance with DDC Section 35.6.6. Ќ Sean Jacobson, Assistant Planner, presented Public Hearing 3I. Jacobson stated the request is for Ѝ a City initiated rezoning. Ў Џ Jacobson stated staff does recommend approval of the request as it is consistent with section А 35.3.4.B of the Denton Development Code. Б В Richard Cannone, Deputy Director of Development Services, stated the rezoning is the first step ЊЉ in the process, next will be to replat the property because of the multiple parcels. ЊЊ ЊЋ Ron Menguita, Principal Planner, presented Public Hearing item 3J. Menguita stated the request ЊЌ is for a zoning change Zoning Change from Neighborhood Residential 4 (NR-4) to Neighborhood ЊЍ Residential Mixed Use (NRMU). Menguita continued staff does recommend approval of the ЊЎ request. ЊЏ Scott McDonald, Director of Development Services, stated the first phase to Public Hearing item ЊА 3I would be renovating the fleet bays, the second phase is updating the parking lots. McDonald ЊБ continued during the second phase the buffering and landscaping requirements would be ЊВ addressed. ЋЉ ЋЊ Sean Jacobson, Assistant Planner, presented Public Hearing item 3K. Jacobson stated staff does ЋЋ recommend approval of the request as it is compatible with the surrounding property and conforms ЋЌ to the SUP approval criteria in DDC section 35.6.4. ЋЍ ЋЎ Chair Rozell closed the Work Session at 6:28 p.m. ЋЏ ЋА ЋБ REGULAR MEETING ЋВ ЌЉ Chair Rozell opened the Regular Meeting at 6:41 p.m. ЌЊ ЌЋ The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, February ЌЌ 20, 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time ЌЍ the following items were considered: ЌЎ ЌЏ Chair Rozell stated Public Hearing item 3A and 3C have been withdrawn and 3B has been ЌА postponed to the March 6, 2019 Planning and Zoning Commission meeting. ЌБ ЌВ 1. PLEDGE OF ALLEGIANCE ЍЉ ЍЊ A. U.S. Flag B. Texas Flag ЍЋ ЍЌ 2. ITEMS FOR INDIVIDUAL CONSIDERATION ЍЍ Џ Њ A. Consider a request by Denton MOP Partners for approval of an Alternative Ћ Development Plan for a proposed office development on 3.4 acres located at the northwest Ќ corner of Teasley Lane and Lillian Miller Parkway in the City of Denton, Denton County, Ѝ Texas. The property is currently zoned Neighborhood Residential Mixed Use (NRMU) Ў District with overlay conditions. The purpose of the Alternative Development Plan is to Џ deviate from Section 35.13.13.4 Nonresidential and Mixed Use Buildings in a Pedestrian А Oriented District of the Denton Development Code. (ADP18- Б Julie Wyatt) В ЊЉ Julie Wyatt, Senior Planner, presented Item for Individual Consideration 2A. Wyatt stated staff ЊЊ does recommend approval of the request. ЊЋ ЊЌ The following individuals spoke during the Public Hearing: ЊЍ S.L Montgomery, 1117 Ellison Park Circle, Denton, Texas 76205. Opposed to the request. ЊЎ Charles Parker, 1524 Hunters Ridge Circle, Denton, Texas 76205. Opposed to the request. ЊЏ Connie Guess, 1504 Hunters Ridge Circle, Denton, Texas 76205. Opposed to the request. ЊА Matt Cragin, 2080 N. Highway 360 Ste. 240, Grand Prairie, Texas 75050. Supports the ЊБ request. ЊВ Gary McCalla, 780 North Watters Road Ste. 100, Allen, Texas 75013. Supports the request. ЋЉ ЋЊ The following individuals requested not to speak: ЋЋ Kathryn Parker, 1524 Hunters Ridge Circle, Denton, Texas 76205. Opposed to the Request. ЋЌ ЋЍ Matt Cragin, the Civil Engineer, stated the owner is currently working with City of Denton to ЋЎ address the drainage issues. ЋЏ ЋА Commissioner Sanchez questioned Charles Parker if the neighborhood was having flooding issues ЋБ prior to the 24 hour emergency development. Parker stated the issue has dated back to 2006 when ЋВ a zoning overlay was placed on the property and for the owner to address existing drainage issues. ЌЉ ЌЊ Chair Rozell questioned the conformity of the ER functioning to the approved overlay and why ЌЋ the drainage issue was not addressed during the engineering process. Wyatt stated the use did ЌЌ conform to the Denton Development Code (DDC) at the time of approval. Wyatt stated the ЌЍ applicant is proposing underground water retention to divert the water from the adjacent properties. ЌЎ ЌЏ Commissioner Ellis questioned if the City of Denton is addressing the area with the sandbags. ЌА Wyatt stated yes the City of Denton is looking to add a flume to drain the water. ЌБ ЌВ Commissioner Ellis questioned the applicant if they are aware per the ordinance the office building ЍЉ cannot be named after adjacent subdivisions. Gary McCalla stated he was unaware of the ЍЊ stipulation and will correct the name. ЍЋ ЍЌ Chair Andrew Rozell motioned, Commissioner Mat Pruneda seconded to approve Item for ЍЍ Indiviual Consideration 2A with the conditions that Hunters Ridge title be removed from ЍЎ nomenclature of the project. Commissioner Ellis requested an amendment to add signage to ЍЏ caution school children crossing. Chair Rozell questioned the applicant if they were amenable to А Њ adding additional crossing signage on the south side at Teasley Lane to address children crossing. Ћ Gary McCalla agreed to add the signage to the drive on the south side at Teasley Lane. Chair Ќ Rozell agreed to add the amendment. Commissioner Pruneda agreed to the amendment. Ѝ Ў Chair Andrew Rozell motioned, Commissioner Mat Pruneda seconded to approve Item for Џ Indiviual Consideration 2A with the conditions that Hunters Ridge title be removed from А nomenclature of the project and additional signage be added to the south entrance of Teasley Lane Б that there are children crossing. Motion approved (7-0). Commissioner Alfred Sanchez "aye", В Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", ЊЉ Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim ЊЊ Smith "aye". ЊЋ ЊЌ B. Consider a request by PACCAR Inc. for approval of an Alternative Development Plan ЊЍ(ADP) for a proposed truck sales facility on approximately 12.07 acres located on the west ЊЎ side of Precision Drive, approximately 330 feet south of West Oak Street in the City of ЊЏ Denton, Denton County, Texas. The property is currently zoned Industrial Center General ЊА(IC-G) District. The purpose of this ADP request is to deviate from the requirements of ЊБ Sections 35.13.9 Perimeter Fences and Screening Requirements, 35.13.10 Access, Parking, ЊВ and Circulation Requirements, and 35.13.13.3.C Nonresidential and Mixed Use Buildings ЋЉ- Parking of the Denton Development Code. (ADP18-0009, New Truck Lot, Hayley ЋЊ Zagurski). ЋЋ ЋЌ Hayley Zagurski, Senior Planner, presented Item for Individual Consideration 2B. Zagurski stated ЋЍ the request is to deviate from sections 35.13.9 Perimeter Fences and Screening Requirements, ЋЎ 35.13.10 Access, Parking, and Circulation Requirements, and35.13.13.3.C Nonresidential and ЋЏ Mixed Use Buildings Parking. Zagurski stated Staff recommends approval of this request as it ЋА meets the established requirements for the approval of an ADP in DDC 35.13.5.A. ЋБ The following individuals spoke during the Public Hearing: ЋВ Ashley Reynolds, 7557 Rambler Road, Ste. 1400, Dallas, Texas 75231. Supports the ЌЉ request. ЌЊ Craig Wedeman, 609 Grainte Trail, Northlake, Texas 76120. Supports the request. ЌЋ ЌЌ Commissioner Smith questioned what an undecking building is. Craig Wedeman, General ЌЍ Contractor, stated that undecking is a process where the trucks are stacked on top of each other, ЌЎ then a crane moves them on and off of each other. ЌЏ ЌА Commissioner Jason Cole motioned, Commissioner Tim Smith seconded to approve Item for ЌБ Individual Consideration 2B. Motion approved (7-0). Commissioner Alfred Sanchez "aye", ЌВ Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", ЍЉ Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim ЍЊ Smith "aye". ЍЋ ЍЌ ЍЍ ЍЎ Б Њ 3. PUBLIC HEARINGS Ћ Ќ Chair Rozell stated as a reminder Public Hearing item 3A and 3C have been withdrawn and 3B Ѝ has been postponed to the March 6, 2019 Planning and Zoning Commission meeting. Ў Џ A. Hold a public hearing and consider making a recommendation to City Council regarding А a request by Craig Bond representing Parvar Property, LLC for a zoning change from a Б Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood В Residential Mixed Use (NRMU) zoning district. The 2.683 acre site is generally located at ЊЉ 3131 and 3161 N Elm Street, in the City of Denton, Denton County, Texas. (Z18-0009, ЊЊ Centennial on N. Elm Apartments, Cindy Jackson). THIS ITEM HAS BEEN ЊЋ WITHDRAWN BY THE APPLICANT. ЊЌ ЊЍ B. Hold a public hearing and consider making a recommendation to City Council regarding ЊЎ a request by Kirkman Engineering for a Specific Use Permit (SUP) to allow for a multi- ЊЏ family dwelling use with 111 dwelling units proposed on three adjacent tracts totaling ЊА approximately 9.91 acres. The subject property is generally located west of Mockingbird ЊБ Lane and south of the Mingo Road in the City of Denton, Denton County, Texas. (S18- ЊВ 0005, Mockingbird Multi-Family, Ron Menguita) THIS ITEM HAS BEEN POSTPONED ЋЉ TO THE MARCH 6, 2019 PLANNING AND ZONING COMMISSION MEETING. ЋЊ ЋЋ C. Hold a public hearing and consider making a recommendation to City Council regarding ЋЌ a request by Andrew Glass representing Hills of Argyle Monticello, Ltd. to rezone an 11.5 ЋЍ acre site from a Neighborhood Residential 1 (NR-1) zoning district to a Neighborhood ЋЎ Residential 4 (NR-4) zoning district. The subject property is generally located on the east ЋЏ side of Fort Worth Drive/U.S. 377 and Chipping Campden Road, in the City of Denton, ЋА Denton County, Texas. (Z18-0024, Hills of Argyle Manor Homes, Cindy Jackson) ЋБ ЋВ D. Hold a public hearing and consider a request Tony Kimbrough with Kaz Surveying ЌЉ representing Tim Refsland for approval of a Final Replat of Lots 1A-1 and 1A-2, Block A ЌЊ of the Gray Forest Addition; being a residential replat of Lot 14, Block D of Park West ЌЋ Addition, and Lot 1-A, Block A of the DeWeerd Addition. The approximately 1.15 acre ЌЌ property is generally located on the west side of Stuart Road, and including 704 Chisholm ЌЍ Trail, in the City of Denton, Denton County, Texas. (FR18-0015, Gray Forest Addition, ЌЎ Cindy Jackson) ЌЏ ЌА Chair Rozell opened the Public Hearing. ЌБ ЌВ Cindy Jackson, Senior Planner, presented Public Hearing item 3D. Jackson stated staff does ЍЉ recommend approval of the request. ЍЊ ЍЋ The following individuals spoke during the Public Hearing: ЍЌ Lynn Beckford, 1009 Stuart Rd., Denton, Texas 76209. Opposed to the request. ЍЍ Gale Frisby, 1112 Abbotts Ln., Denton, Texas 76205. Opposed to the request. ЍЎ ЍЏ Chair Rozell closed the Public Hearing. В Њ Ћ Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve Public Ќ Hearing item 3D. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Ѝ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Ў Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Џ А E. Hold a public hearing and consider making a recommendation to City Council regarding Б a Detail Plan for a 2.96-acre parcel located within the Planned Development 176 (PD-176) В Zoning District, generally located on the west side of North FM 2499, approximately 1,450 ЊЉ feet north of Hickory Creek Road in the City of Denton, Denton County, Texas to allow a ЊЊ storage warehouse (self-storage) use. (PDA18-0009, Proposed Self Storage Facility, ЊЋ Hayley Zagurski). ЊЌ ЊЍ Chair Rozell opened the Public Hearing. ЊЎ ЊЏ Hayley Zagurski, Senior Planner, presented Public Hearing item 3D. Zagurski stated the request ЊА is to consider making a recommendation to City Council regarding a Detail Plan for a 2.96-acre ЊБ parcel located within the Planned Development 176 (PD-176) Zoning District to allow a storage ЊВ warehouse. ЋЉ Zagurski stated staff does recommend approval of the request with the following conditions as it ЋЊ is compatible with the surrounding property and is consistent with the goals and objectives of the ЋЋ Denton Plan 2030: 1. No exterior lighting on the building shall face a single-family residential use, ЋЌ or if such lighting is proposed, it shall be screened from view of adjoining residential properties. ЋЍ A photometric plan shall be provided with the building permit application demonstrating ЋЎ 2. Due to the proximity ЋЏ of this location to single-family residences, the majority of the PD being residential, and the lack ЋА of signage regulations in the PD, the project shall comp ЋБ requirements for non-residential districts as well as the following limitations: a. No illuminated ЋВ wall signs may face an adjoining single-family use. ЌЉ Commissioner Ellis questioned the discussion that took place at the Home Owners Association ЌЊ(HOA) meetings. Zagurski stated she was able to attend one HOA meetings, there were about 15- ЌЋ 20 people with mixed views. ЌЌ ЌЍ The following individuals spoke during a Public Hearing: ЌЎ Rick Jones, 3317 Princeton, Dallas, Texas 75205. Supports the request. ЌЏ Tom Brandt, 6600 Hayling Way, Denton, Texas 76210. Opposed to the request. ЌА ЌБ Rick Jones, the applicant, provided a presentation regarding the proposed facility and site. ЌВ ЍЉ Chair Rozell closed the Public Hearing. ЍЊ ЍЋ Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded Public Hearing item ЍЌ 3D. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck ЊЉ Њ"aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda Ћ"aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Ќ Ѝ F. Hold a public hearing and consider making a recommendation to City Council regarding Ў a request by Astra Carmel LLC for an Alternative Environmental Sensitive Area (AESA) Џ Plan to restore Cross Timbers Upland Habitat on approximately 0.23 acre generally located А on the west side of Harbour Mist Trail, approximately 240 feet north of Del Rey Drive in Б the City of Denton, Denton County, Texas and a Riparian Stream Buffer on approximately В 1 acre of land generally located north of Pockrus Page, approximately 570 feet east of Fox ЊЉ Sedge Lane in the City of Denton, Denton County, Texas. (AESA18-0002, Villages of ЊЊ Carmel, Julie Wyatt) ЊЋ ЊЌ Chair Rozell opened the Public Hearing. ЊЍ ЊЎ Julie Wyatt, Senior Planner and Christi Upton, Environmental Compliance Coordinator, presented ЊЏ Public Hearing item 3F. ЊА ЊБ Upton stated staff recommends approval of the request with following conditions: 1. 195 tree- ЊВ caliper inches, 35 American Beautyberry shrubs, Blackland Prairie seed mix and Riparian ЋЉ Recovery seed mix and shall be planted. 2. 0.50 acres adjacent to the USACE restoration project ЋЊ shall be planted according to the Alternative ESA Plan. 3. 0.23 acres of Cross Timbers upland ЋЋ habitat shall be restored according to the Alternative ESA Plan. 4. Annual reporting during the ЋЌ first three years describing the cumulative mitigation work performed and the survivability of the ЋЍ plantings shall be submitted for staff review and inspection. 5. Plants installed as a part of the ЋЎ proposed native flora revegetation are to be installed and maintained by the current property ЋЏ owner/developer for a period of three (3) years following installation. Plants that are removed, ЋА destroyed, or die within that three (3) year period are required to be replaced by the current property ЋБ owner/developer to achieve 90% survival rate. 6. A bond, letter of credit, or escrow in the amount ЋВ of $24,375.00 ($125.00 per tree-caliper inches to be planted) should be provided to the City within ЌЉ 60 days of AESA18-0002 approval. Upon completion of the three (3)-year landscape ЌЊ establishment period, the City shall inspect the trees and determine whether ninety (90) percent of ЌЋ the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, ЌЌ the City shall release the bond or letter of credit. In the absence of such a finding, the Applicant ЌЍ shall be notified to replace any unhealthy or dead trees. If the applicant does not take remedial ЌЎ steps to bring the property into compliance, the City shall make demand for payment on the cash ЌЏ bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this Subchapter ЌА in addition to making demand on the security provided herein. 7. NEW Home Owner Association ЌБ(HOA) documents shall be created and filed establishing Lot 14 Block F and Lot 20 Block 28 in ЌВ Villages of Carmel Phase 4B to be owned by the HOA for the purpose of preserving the ESAs in ЍЉ perpetuity. Any maintenance of these lots shall be done according to Subchapter 17 ESA ЍЊ standards. Copy of the HOA documents shall be provided to the City no later than the final annual ЍЋ report. ЍЌ The following individual spoke during the Public Hearing: ЍЍ Justin Bono, 9219, Arbor Trail Dr., Denton, Texas 75243. Supports the request. ЊЊ Њ Ћ Commissioner Smith questioned the applicant if they are amenable to condition seven. Justin Ќ Bono, stated yes they agree to the condition, on the Final Plat both areas are already considered a Ѝ common area and there is no change in the intent to have the Home Owner Association (HOA) Ў maintain those areas. Џ А Chair Rozell closed the Public Hearing. Б В Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to approve with ЊЉ conditions: 1. 195 tree-caliper inches, 35 American Beautyberry shrubs, Blackland Prairie seed ЊЊ mix and Riparian Recovery seed mix and shall be planted. 2. 0.50 acres adjacent to the USACE ЊЋ restoration project shall be planted according to the Alternative ESA Plan. 3. 0.23 acres of Cross ЊЌ Timbers upland habitat shall be restored according to the Alternative ESA Plan. 4. Annual ЊЍ reporting during the first three years describing the cumulative mitigation work performed and the ЊЎ survivability of the plantings shall be submitted for staff review and inspection. 5. Plants installed ЊЏ as a part of the proposed native flora revegetation are to be installed and maintained by the current ЊА property owner/developer for a period of three (3) years following installation. Plants that are ЊБ removed, destroyed, or die within that three (3) year period are required to be replaced by the ЊВ current property owner/developer to achieve 90% survival rate. 6. A bond, letter of credit, or ЋЉ escrow in the amount of $24,375.00 ($125.00 per tree-caliper inches to be planted) should be ЋЊ provided to the City within 60 days of AESA18-0002 approval. Upon completion of the three (3)- ЋЋ year landscape establishment period, the City shall inspect the trees and determine whether ninety ЋЌ(90) percent of the trees are healthy and have a reasonable chance of surviving to maturity. Upon ЋЍ such a finding, the City shall release the bond or letter of credit. In the absence of such a finding, ЋЎ the Applicant shall be notified to replace any unhealthy or dead trees. If the applicant does not take ЋЏ remedial steps to bring the property into compliance, the City shall make demand for payment on ЋА the cash bond, surety bond, or letter of credit. The City may use all legal remedies to enforce this ЋБ Subchapter in addition to making demand on the security provided herein. 7. NEW Home Owner ЋВ Association (HOA) documents shall be created and filed establishing Lot 14 Block F and Lot 20 ЌЉ Block 28 in Villages of Carmel Phase 4B to be owned by the HOA for the purpose of preserving ЌЊ the ESAs in perpetuity. Any maintenance of these lots shall be done according to Subchapter 17 ЌЋ ESA standards. Copy of the HOA documents shall be provided to the City no later than the final ЌЌ annual report. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry ЌЍ Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat ЌЎ Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЌЏ G. Hold a public hearing and consider making a recommendation to City Council regarding ЌА a request by Goodhorn Land Holdings LLC for a change in the zoning district and use ЌБ classification from Neighborhood Residential Mixed Use 12 (NRMU-12) to a ЌВ Neighborhood Residential Mixed Use District (NRMU) on approximately 8.7 acres of land ЍЉ generally located on the north side of Audra Lane 110 feet east of Bayfield Street in the ЍЊ City of Denton, Denton County, Texas. (Z18-0028, Audra Heights Phase II, Julie Wyatt). ЍЋ ЍЌ Chair Rozell opened the Public Hearing. ЍЍ ЊЋ Њ Julie Wyatt, Senior Planner, presented Public Hearing item 3G. Wyatt stated if the Planning and Ћ Zoning Commissions opts to recommend approval, the following overlay conditions are suggested Ќ to increase conformance with the Future Land Use (FLU): 1. Restrict the permitted uses to single- Ѝ family attached dwellings limited to a maximum twelve (12) units per acre \[L(40)\]. 2. Reduce the Ў maximum building height to 40 feet. 3. Common area lots owned and maintained by the Џ А common area lots must be of sufficient size to accommodate the following entrance features Б outside any existing or proposed easements located adjacent to Audra Lane: a six foot masonry В screening wall and a Type B buffer. A Type B buffer is a ten (10) foot planted strip that includes ЊЉ a combination of five (5) evergreen and deciduous trees and thirty (30) shrubs per one hundred ЊЊ(100) linear feet. ЊЋ Wyatt stated staff recommends denial of the request as it does not meet the Future Land Use ЊЌ designation as required in the criteria for approval outlined in Denton Development Code Section ЊЍ 35.3.4.B. ЊЎ Chair Rozell questioned why staff believes Neighborhood Residential Mixed Use 12 (NRMU-12) ЊЏ is better than Neighborhood Residential Mixed Use (NRMU). Wyatt stated the applicant was ЊА proposing a specific project, and when staff analyzes a rezoning request all factors associated with ЊБ the zoning district and what it could bring are considered. Wyatt continued to state staff concern ЊВ was how the development fits with the future land use and the NRMU coming closer to the single ЋЉ family residents. ЋЊ ЋЋ The following individuals spoke during the Public Hearing: ЋЌ Alan Hermely, 1401 Brandywine Circle, Denton, Texas 76209. Opposed to the request. ЋЍ Earl Escobar, 2570 Justin Rd Ste. 209, Lewisville, Texas 75077. Supports the request. ЋЎ Austin Good, 2717 Gull Lake Dr., Plano, Texas 75025. Supports the request. ЋЏ ЋА The following individual requested not to speakduring the Public Hearing: ЋБ Nancy Carson, 2908 Oakshire St., Denton, Texas 76209. Opposed to the request. ЋВ ЌЉ Earl Escobar, the applicant, provided a presentation regarding the development and the reason for ЌЊ the zoning change request. ЌЋ ЌЌ Commissioner Smith questioned why the buffer area requirements are difficult to comply with. ЌЍ Earl Escobar stated there is currently a gas main that runs along Audra Lane which has a 50 foot ЌЎ easement to accommodate the gas main, there are no issues complying with the open space, but ЌЏ ЌА ЌБ Commissioner Beck requested the tenant type that will be leasing to townhomes. Austin Good ЌВ stated they will be targeting young families. ЍЉ ЍЊ Chair Rozell closed the Public Hearing. ЍЋ ЍЌ ЊЌ Њ Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to approve with staffs Ћ limitations: 1. Restrict the permitted uses to single-family attached dwellings limited to a Ќ maximum twelve (12) units per acre \[L (40)\]. 2. Reduce the maximum building height to 40 feet. Ѝ And change condition three as follows: 3. A six -foot masonry screening wall and a Type B buffer Ў(10-foot planted strip with 5 evergreen and deciduous trees and 30 shrubs per 100 linear feet) shall Џ be required between the subject property and Audra Lane. Motion approved (7-0). Commissioner А Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Б Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and В Commissioner Tim Smith "aye". ЊЉ Chair Rozell called a recess at 9:22 p.m. ЊЊ ЊЋ Chair Rozell reconvened the Regular Meeting at 9:32 p.m. ЊЌ ЊЍ H. Hold a public hearing and consider making a recommendation to City Council regarding ЊЎ a request by Second Hand Sports & Game Swap LLC for a Specific Use Permit to allow ЊЏ for a vehicle repair use on approximately 0.57 acre. The property is generally located on ЊА the south side of E. McKinney Street, approximately 135 feet west of Oakland Street in the ЊБ City of Denton, Denton County, Texas. (S18-0007, Dent One - Auto Hail Repair, Hayley ЊВ Zagurski). ЋЉ ЋЊ Chair Rozell opened the Public Hearing. ЋЋ ЋЌ Hayley Zagurski, Senior Planner, presented Public Hearing item 3H. Zagurski stated Staff ЋЍ recommends approval of this request, with the following conditions: 1. The vehicle repair use shall ЋЎ be limited to the approximately 600 square foot one-story building area shown on the attached Site ЋЏ Plan. 2. All customer vehicles located at the facility for either repair or pick-up following repair ЋА work shall be kept behind the 6-foot wood fence in the gravel storage area shown on the Site Plan. ЋБ 3.The proposed 6-foot wood screening fence shown on the Site Plan shall be installed and ЋВ maintained so long as a vehicle repair use is located on the subject property, unless the vehicle ЌЉ storage area is paved and striped as a parking lot. 4. The proposed Type C landscape buffer shown ЌЊ on the Site Plan along the southern property line shall be installed and maintained in accordance ЌЋ ype C landscape buffer shall be installed ЌЌ along the eastern property line along the existing wood fence up to the southern edge of the existing ЌЍ vacant building shown on the Site Plan. Additionally, the proposed deciduous ornamental trees ЌЎ within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy tree ЌЏ list in the Site Design Criteria Manual. 5. No storage of inoperable vehicles shall be permitted on ЌА the subject property. 6. Failure to adhere to the conditions stated above may result in revocation ЌБ of the SUP in accordance with DDC Section 35.6.6. ЌВ ЍЉ The following individual spoke during the Public Hearing: ЍЊ CJ Moyo, 208 E. McKinney St., Denton, Texas 76201. Supports the request. ЍЋ ЍЌ Commissioner Smith stressed to the applicant there are rules in place that need to be followed from ЍЍ the City and for the safety of those around us. ЊЍ Њ Ћ Chair Rozell closed the Public Hearing Ќ Ѝ Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public Ў Hearing item 3H with staffs conditions: 1. The vehicle repair use shall be limited to the Џ approximately 600 square foot one-story building area shown on the attached Site Plan. 2. All А customer vehicles located at the facility for either repair or pick-up following repair work shall be Б kept behind the 6-foot wood fence in the gravel storage area shown on the Site Plan. 3. The В proposed 6-foot wood screening fence shown on the Site Plan shall be installed and maintained so ЊЉ long as a vehicle repair use is located on the subject property, unless the vehicle storage area is ЊЊ paved and striped as a parking lot. 4. The proposed Type C landscape buffer shown on the Site ЊЋ Plan along the southern property line shall be installed and maintained in accordance with the ЊЌ e proposed Type C landscape buffer shall be installed along ЊЍ the eastern property line along the existing wood fence up to the southern edge of the existing ЊЎ vacant building shown on the Site Plan. Additionally, the proposed deciduous ornamental trees ЊЏ within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy tree ЊА list in the Site Design Criteria Manual. 5. No storage of inoperable vehicles shall be permitted on ЊБ the subject property. 6. Failure to adhere to the conditions stated above may result in revocation ЊВ of the SUP in accordance with DDC Section 35.6.6. Motion approved (7-0). Commissioner Alfred ЋЉ Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew ЋЊ Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and ЋЋ Commissioner Tim Smith "aye". ЋЌ I. Hold a public hearing and consider making a recommendation to City Council regarding ЋЍ a request by the City of Denton for a change in the zoning district and use classification on ЋЎ a site made up of fifteen adjacent tracts of land, including a change from Downtown ЋЏ Residential 1 (DR-1) to Downtown Commercial General (DC-G) on one approximately ЋА 0.39-acre tract, from a mixed zoning of DR-1 and Neighborhood Residential 4 (NR-4) to ЋБ DC-G on two tracts totaling approximately 13.85 acres, from NR-4 to DC-G on nine tracts ЋВ totaling approximately 22.07 acres, and from Neighborhood Residential Mixed-Use 12 to ЌЉ DC-G on three tracts totaling approximately 8.81 acres. The subject site, composed of all ЌЊ fifteen of the tracts mentioned above and totaling approximately 45.13 acres, is generally ЌЋ located on the southeast side of Mingo Road, north of Paisley Street, northwest of ЌЌ Lattimore Street, and west of Pertain Street (Z18-0027b, Fleet Services Facility, Sean ЌЍ Jacobson). ЌЎ ЌЏ Chair Rozell opened the Public Hearing. ЌА ЌБ Sean Jacobson, Assistant Planner, presented Public Hearing item 3I. Jacobson stated the request ЌВ is to rezone from Downtown Residential 1 (DR-1), Neighborhood Residential (NR-4), and ЍЉ Neighborhood Residential Mixed Use 12 (NRMU-12) to a Downtown Commercial General (DC- ЍЊ G) Zoning District on approximately 45.13 acres of land. ЍЋ Commissioner Smith stated his disappointment in the City of Denton for not correcting the zoning ЍЌ sooner than now, but is happy the City of Denton is now correcting their zoning to support the use. ЊЎ Њ Jerry Drake, First Assistant Attorney, stated on behalf of the City of Denton the service center Ћ facility has been there since he started working for the City of Denton more than thirty years ago, Ќ and the last City wide rezoning was in 2002; City of Denton built the structure in Ѝ account for the existing uses. Ў Џ Commissioner Ellis stated she was concerned with the change to DC-G, but looking at the draft А zoning map it is labeled public facility which would eliminate other uses. Б В The following individual requested to speak: ЊЉ Leonard Chavez, 921 N. Ruddell St., Denton, Texas 76209. Opposed to the request. ЊЊ Carolyn Griffin, 916 N. Wood St., Denton, Texas 76209. Opposed to the request. ЊЋ Patsy Nash, 916 N. Wood St., Denton, Texas76209. Opposed to the request. ЊЌ Karen Rodriguez, 821 N. Ruddell St., Denton, Texas 76209. Opposed to the request. ЊЍ ЊЎ Scott McDonald, Director of Development Service, stated the plan is some renovations to the Fleet ЊЏ Services building and parking lot improvements, with the parking lot improvements the drainage ЊА issues will be taken into consideration. ЊБ ЊВ Commissioner Beck questioned if the large trucks have egress and ingress on Ruddell Street. ЋЉ McDonald stated there has not been a traffic management plan for this area and are attempting to ЋЊ correct misdirection. ЋЋ ЋЌ Chair Rozell closed the Public Hearing. ЋЍ ЋЎ Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve Public ЋЏ Hearing item 3I. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner ЋА Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner ЋБ Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЋВ ЌЉ J. Hold a public hearing and consider making a recommendation to City Council regarding ЌЊ a request by Redmon Ebony Inc. for a change in the zoning district and use classification ЌЋ from Neighborhood Residential 4 (NR-4) to Neighborhood Residential Mixed Use ЌЌ(NRMU) zoning district and use classification on approximately 0.82 acres of land. The ЌЍ subject property is generally located on the north side of Robertson Street, approximately ЌЎ 300 feet east of Skinner Street in the City of Denton, Denton County, Texas. (Z19-0001, ЌЏ Sweet Y, Ron Menguita). ЌА ЌБ Chair Rozell opened the Public Hearing. ЌВ ЍЉ Ron Menguita, Principal Planner, presented Public Hearing item 3J. Menguita stated the request ЍЊ is for a zoning change from Neighborhood Residential 4 (NR-4) to a Neighborhood Residential ЍЋ Mixed Use (NRMU). Mengita stated staff does recommend approval of the zoning change request. ЍЌ ЍЍ Commissioner Smith questioned why staff is not recommending any overlay restrictions. ЍЎ Menguita stated staff felt there was no need for overlay restrictions, and if there were issues ЍЏ regarding the height they would be addressed with the development standards. ЊЏ Њ Ћ Commissioner Beck questioned why the home next door is included in the rezoning, Menguita Ќ stated the property owner is requesting to rezone all four lots that could potentially be used as Ѝ storage for the restaurant. Ў Џ Commissioner Pruneda stated he is for allowing the use, but is nervous to agree with the zoning А change, but likes the idea to add an overlay and wants to make sure the character of the area is Б preserved. В ЊЉ Commissioner Sanchez stated the neighborhood needs to be remembered for its history and ЊЊ bringing back part of the history will help. ЊЋ ЊЌ Commissioner Ellis stated she understands the concerns, but every tract of land has its own set of ЊЍ unique circumstances, this project looks like a revitalization of history and neighborhood services. ЊЎ ЊЏ The following individuals spoke during the Public Hearing: ЊА Tammy Bradley, 729 Alexander St, Denton, Texas 76205. Supports the request. ЊБ Ray Redmon 724 Morse Street, Denton, Texas 76205. Supports the request. ЊВ Mary B. Wright, 2745 Mill Pond Rd, Denton, Texas 76209. Supports the request. ЋЉ George Ferrie, 2932 Stockton Street, Denton, Texas 76209. Supports the request. ЋЊ Jennifer Lane, 1526 Willowword Street, Denton, Texas 76205. Supports the request. ЋЋ ЋЌ Chair Rozell closed the Public Hearing. ЋЍ ЋЎ Commissioner Smith made a motion to approve the zoning change with the following condition ЋЏ to restrict the use of the NRMU area to restaurant use only. Commissioner Beck seconded. ЋА Commissioner Pruneda questioned the property owner if by placing the overlay would be impeding ЋБ any future plans. Redmon, the property owner, stated it should not impede. ЋВ ЌЉ Chair Rozell requested Commissioner Smith to remove the amendment. Commissioner Smith ЌЊ denied the request. ЌЋ ЌЌ Chair Andrew Rozell motioned, Commissioner Jason Cole seconded to make the amended motion ЌЍ to rezone from NR-4 to NRMU with no conditions the primary motion. Motion approved (6-1). ЌЎ Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole ЌЏ"aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", and Commissioner Margie ЌА Ellis "aye". Commissioner Tim Smith "nay". ЌБ ЌВ Chair Andrew Rozell motioned, Commissioner Jason Cole seconded to approve Public Hearing ЍЉ 3J with no conditions. Motion Approved (7-0). Commissioner Alfred Sanchez "aye", ЍЊ Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", ЍЋ Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЍЌ ЍЍ Chair Rozell called a recess at 11:26 p.m. ЍЎ ЍЏ Chair Rozell reconvened the Regular Meeting 11:31 p.m. ЊА Њ Ћ Ќ K. Hold a public hearing and consider making a recommendation to City Council regarding Ѝ a request by Lee Allison of Allison Engineering, on behalf of Anthony Marks, for a Ў Specific Use Permit to allow for an Accessory Dwelling Unit behind an existing residence Џ on approximately 0.5374 of an acre. The property is generally located on the south side of А Roberts Street, west of Brown Drive, in the City of Denton, Denton County, Texas. (S19- Б 0001, 606 Roberts Accessory Building, Sean Jacobson). В ЊЉ Chair Rozell opened the Public Hearing. ЊЊ ЊЋ Sean Jacoson, Assistant Planner, presented Public Hearing item 5K. Jacobson stated the request is ЊЌ for a Specific Use Permit (SUP) to allow for an Accessory Dwelling Unit behind an existing ЊЍ residence. Staff does recommend approval of the request as it is compatible with the surrounding ЊЎ property and conforms to the SUP approval criteria. ЊЏ ЊА The following individuals spoke during the Public Hearing: ЊБ Lee Allison, 2415 N. Elm Street, Denton, Texas 76201. Supports the request. ЊВ Sonia Whiddon, 528 Roberts Street, Denton, Texas 76209. Supports the request. ЋЉ ЋЊ The following individuals requested not to speak during the Public Hearing: ЋЋ Gary Hayden, 2106 North Bell Ave., Denton, Texas 76209. Supports the request. ЋЌ Deb Conte, 2106 North Bell Ave., Denton, Texas 76209. Supports the request. ЋЍ ЋЎ Chair Rozell closed the Public Hearing. ЋЏ ЋА Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public ЋБ Hearing item 5K. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner ЋВ Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Mat Pruneda ЌЉ"aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". ЌЊ ЌЋ L. Hold a public hearing and consider making a recommendation to City Council regarding a ЌЌ proposed revision to the Denton Development Code; specifically to amend Subchapters 13 and 17 ЌЍ related to tree preservation, landscape standards, and environmentally sensitive area standards. ЌЎ(DCA18-0008, Conservation and Landscape Code, Hayley Zagurski). ЌЏ ЌА Chair Rozell opened the Public Hearing. ЌБ ЌВ Hayley Zagurski, Senior Planner, stated there currently are no additional updates to the draft; staff ЍЉ is still taking in feedback from the development community and requested to postpone to a date ЍЊ certain of March 6, 2019. ЍЋ ЍЌ Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to table Public Hearing ЍЍ item 5L to the March 6, 2019 Planning and Zoning Commission meeting. Motion approved (7-0). ЍЎ Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole ЊБ Њ"aye", Chair Andrew Rozell "aye", Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Ћ Commissioner Tim Smith "aye". Ќ Ѝ 4. PLANNING & ZONING COMMISSION PROJECT MATRIX Ў A. Planning and Zoning Commission project matrix. Џ А Richard Cannone, Deputy Director of Development Services, stated Pritam Deshmukh, Deputy Б City Engineer will be speaking regarding matrix items at the March 6, 2019. Cannone В recommended to discuss the RD-5x zoning at the next special called meeting on February 27, ЊЉ 2019. ЊЊ ЊЋ Commissioner Beck questioned if Deshmukh will be discussing the mobilty plan. Cannone stated ЊЌ Deshmukh will be speaking some on the mobility plan but will have it coming before the ЊЍ Commission once they have a consultant lined up.Commissioner Beck requested staff to address ЊЎ the traffic issue behind the service center. Commissioner Ellis requested the time framing for ЊЏ updating Bernard Street due to safety concerns. Commissioner Smith requested the staff to look at ЊА other City of Denton properties that could potentially be zoned incorrectly. Chair Rozell requested ЊБ the Commissioners send items to staff for the implementation of the policies and procedures. ЊВ ЋЉ Chair Rozell closed Regular Meeting at 11:51 p.m. ЊВ S:\\Legal\\Our Documents\\Ordinances\\19\\S18-0007 revised.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR VEHICLE REPAIR USE ON AN APPROXIMATELY 0.57 ACRE SITE, GENERALLY LOCATED ON THE SOUTH SIDE OF E. MCKINNEY STREET, APPROXIMATELY 135 FEET WEST OF OAKLAND STREET, 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. (S18-0007, Dent One Auto Hail Repair) WHEREAS, Sijabuliso Moyo of Dent One, on behalf of the property owner, Second Hand Sports & Game Swap LLC, has applied for a Specific Use Permit (SUP) to allow for a vehicle repair use on approximately 0.57 acre, within the Downtown Commercial General (DC-G) zoning district and use classification, as described and shown in Exhibit A the Property); and WHEREAS, on February 20, 2019, 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 approval \[7-0\] of the requested SUP, subject to conditions; and WHEREAS, on March 19, 2019, the City Council likewise conducted a public hearing as required by law to consider the Specific Use Permit request and voted to postpone the request to a date certain of April 2, 2019; and WHERAS, on April 2, 2019, The City Council likewise held a discussion 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 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 vehicle repair use on the Property as shown on the site plan attached and incorporated herein as , is hereby approved, subject to the following conditions: 1. The vehicle repair use shall be limited to the approximately 600 square foot one-story building area shown on the attached Site Plan. 2. All customer vehicles located at the facility for either repair or pick-up following repair work shall be kept behind the 6-foot wood fence in the gravel storage area shown on the Site Plan. 3. The proposed 6-foot wood screening fence shown on the Site Plan shall be installed and maintained so long as a vehicle repair use is located on the subject property, unless the vehicle storage area is paved and striped as a parking lot. 4. The proposed Type C landscape buffer shown on the Site Plan along the southern code. In addition, the proposed Type C landscape buffer shall be installed along the eastern property line along the existing wood fence up to the southern edge of the existing vacant building shown on the Site Plan. Additionally, the proposed deciduous ornamental trees within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy tree list in the Site Design Criteria Manual. 5. No storage of inoperable vehicles shall be permitted on the subject property. 6. Failure to adhere to the conditions stated above may result in revocation of the SUP in accordance with DDC Section 35.6.6. SECTION 3. The attached site plan provided in Exhibit B specifies the following requirements, and are incorporated as requirements of the SUP. 1. The vehicle repair use is associated with a 600 square foot existing building located at 208 E. McKinney Street. 2. Two parking spaces are dedicated to the Auto Repair use. 3. Vehicle storage is indicated to be screened by a 6-foot tall wooden fence to be located in between the retail store building at 204 E. McKinney Street and the automotive repair building. 4. The proposed maximum lot coverage is 20,803 square feet (83.2% of the lot area). This amount may be reduced due to the installation of the additional landscape buffer along the eastern property line as indicated in Section 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 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: ______ ______ ______ ______ PASSED AND APPROVED this the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, 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 Being all that certain tract or parcel of land situated in the Hiram Sisco Survey Abstract Number 1184, Denton County, Texas and being all of Tract One and all of Tract Two described in a deed from James W. -R0059606 of the Real Property Records, Denton County, Texas, and being more particularly described as follows BEGINNING at a X-CUT set in the South line of East McKinney Street and being the Northwest corner of the herein described tract and the Northwest corner of said Tract Two, THENCE South 88 Degrees 08 Minutes 39 Seconds East with the South line of the said street a distance of 163.87 feet to a X-CUT set for the Northeast corner of the herein described tract and the Northeast corner of said Tract One and being the Northwest corner of Lot 5R, Block 18 of the replat of the Original Town of Denton, an addition to the City of Denton, Denton County, Texas as recorded in Cabinet E, Page 291 of the Plat Records of Denton County, Texas, THENCE South 00 Degrees 11 Minutes 45 Seconds West with the West line of said Lot 5R, Block 18 a distance of 150.00 feet to a point for the Southeast corner of the herein described tract and the Southwest corner of said Lot 5R, Block 18 and the Northwest corner of the remainder of a tract of land described in t-R0050767 of the Real Property Records of Denton County, Texas and being the Northeast corner of a tract of land described in a deed from Denton Melrose, LP to Edward C. Prout and Satorn B. Prout as recorded in Volume 5044, Page 1467 of the Real Property Records of Denton County, Texas and being the Southeast corner of said Tract One said point bears North 78 Degrees 56 Minutes 47 Seconds East a distance of 2.49 feet THENCE West with the North line of said Prout tract a distance of 160.80 feet to a X-CUT set 8.2 feet South and 1.9 feet West of a building corner for the Southwest corner of the herein described tract and the Southwest corner of said Tract Two, THENCE North 00 Degrees 11 Minutes 45 Seconds East with the West line of the said Tract Two a distance of 155.31 feet to the POINT OF BEGINNING and enclosing 0.574 acres of land more or less. Exhibit B Site Plan DENTON COUNTY, TEXAS CITY OF DENTON REGISTRATION # 10095100 WWW.COLEMANSURVEYING.COM DENT ONE, INC. IN THE H. SISCO SY. A-1184 PH(940)565-8215, FAX (940)565-9800, CLIENT 5,000 SQ. FT. OF LAND Land Surveying Coleman & Assoc. DENT ONE - AUTO HAIL REPAIRS SPECIFIC USE PERMIT SITE PLAN Z:\\2100-2199\\18-2155 H SISCO SY A-1184 (DENT ONE PAINTLESS DENT REPAIR) SUP\\CARLSON\\2155-GRID.dwg, 1/3/2019 3:49:47 PM Planning Staff Analysis S18-0007/Dent One Auto Hail Repair City Council District 1 April 2, 2019 REQUEST: Consider adoption of an ordinance for a Specific Use Permit to allow for a vehicle repair use on approximately 0.57 acre. The property is generally located on the south side of E. McKinney Street, approximately 135 feet west of Oakland Street in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (S18-0007, Dent One Auto Hail Repair, Hayley Zagurski). OWNER: Victor Ambrosio, Second Hand Sports & Game Swap LLC APPLICANT: Sijabuliso Moyo, Dent One BACKGROUND: On March 19, 2019 the City Council held a public hearing regarding this request. There were several questions asked by Council members that were intended for the applicant, who was not in attendance at the public hearing. The Mayor closed the public hearing and the Council voted \[7- 0\] to postpone this request to the April 2, 2019 meeting to provide another opportunity for the applicant to attend and address questions before making a decision about the request. On February 20, 2019 the Planning and Zoning Commission held a public hearing regarding this - 0\]. At the public hearing the applicant spoke and provided information regarding the business operations of Dent One. No individuals from the public spoke about the request. The request is for a Specific Use Permit (SUP) to permit a vehicle repair use on an approximately 0.57-acre property generally located on the south side of E. McKinney Street, approximately 135 feet west of Oakland Street. The subject property is zoned Downtown Commercial General (DC-G) District, which permits vehicle repair only with an SUP. The subject property consists of two separate parcels of land, both parcels are owned by Second Hand Sports & Game Swap LLC. There are currently three existing businesses located on the property: Second Hand Sports (204 E. McKinney) Ambros Tacos y Mas (208 E. McKinney) Dent One Auto Hail Repairs (208 E. McKinney). Second Hand Sports is located in a separate building on the western side of the property. Ambros Tacos and Dent One are located within the same building, with the restaurant located in the front approximately 430 square feet of the building and the vehicle repair use located in rear approximately 600 square feet of the building. A third, currently vacant, building is also located on the eastern portion of the property. A parking lot containing six spaces is located in the central portion of the property, with a large gravel vehicle storage area located south of the existing parking lot. This request originated as a code violation case. In May 2017 a notice of violation was first issued for Dent One operating without a certificate of occupancy (CO). An initial CO application was made in July of 2017, but the application was denied because the vehicle repair use requires an SUP within the DC-G District. Over the next year multiple applications were made for permits and SUPs, but the applications were never completed. Additional citations were issued for continuing operations without a CO, and the applicant appeared in Court once and was fined for the violation. A more detailed timeline of events is provided in Exhibit 7. In July 2018 a complete SUP application was submitted and reviewed for the project. Over the past few months staff has worked with the applicant to review this request and determine what can be done to help bring the design standards. SITE DATA: The subject property includes a total of approximately 0.57 acre of land that is comprised of two separate parcels. As described above, the property is currently developed with three separate buildings and associated parking and gravel storage areas. The property is zoned DC-G District, and it is located within the Central Business District. The property has approximately 160 feet of frontage on East McKinney Street. The Mobility Plan classifies East McKinney Street as a secondary arterial roadway. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Downtown Zoning: DR-2 District Zoning: DR-2 District Residential 2 (DR-2) District Use: City Hall Use: City Hall and Civic Use: City Hall and Post Office Center West: East: Zoning: DC-G District Zoning: DC-G District SUBJECT PROPERTY Use: Bar/Restaurant uses Use: Professional Services and Offices Southwest: South: Southeast: Zoning: DC-G District Zoning: DC-G District Zoning: DC-G District Use: Multi-family dwellings Use: Multi-family Dwellings Use: Professional Services and and Bar/Restaurant uses Offices 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. Development of the subject property pre-dates the current DC-G zoning. Therefore, the site does not currently meet the standards of the zoning district of the Denton Development Code, specifically with regard to: i. Land Use Vehicle Repair uses require a SUP within the DC-G District. Although the subject property was zoned Commercial (C) (a district which permitted vehicle repair by right) prior to the 2002 City-wide rezoning, records available do not indicate that a vehicle repair use has been in continual operation at this location. Therefore, the use cannot be deemed legally nonconforming or a special exception, and an SUP is required for the use to continue on the property. ii. Screening at the right-of-way Section 35.13.9 of the DDC requires that all outside storage and all inoperable vehicles be screened from all rights- of-way. Although no screening is currently in place, the Site Plan indicates a proposed 6-foot wood screening fence with gates to be constructed behind the existing parking spaces and in between the Second Hand Sports building and the building currently occupied by Dent One. iii. Buffering Section 35.13.8 of the DDC requires landscaped compatibility buffers in between certain uses. Vehicle repair is a commercial use, which requires a Type C buffer. A Type C buffer is a 15-foot wide planting area that includes a combination of 6 trees and 25 shrubs per 100 linear feet. The Site Plan indicates a proposed Type C buffer along the southern property line where the site abuts an existing multi-family development. iv. Minimum Landscape Area and Tree Canopy Within the DC-G District, a minimum of 15% landscape area and a minimum of 20% tree canopy is required. The Site Plan indicates that with the addition of the Type C buffer along the southern property line and the maintenance of an existing grassy area the site would achieve a total of 16.8% landscape area. The Site Plan indicates 9 trees proposed within the buffer, but the proposed trees (redbuds and mountain laurels) will have an estimated mature canopy of less than 10% of the lot area. While this is an improvement over the existing site conditions in which there are no trees, the site will not meet the minimum requirements for the DC-G District as proposed. In addition to the proposed buffer shown on the Site Plan, staff recommends the Type C buffer be extended along the existing fence on the eastern property line to aid in buffering noise from the vehicle repair use. This would include the planting of at least 3 additional trees. Additionally, Staff recommends that the proposed deciduous ornamental trees (redbuds) within the buffer be replaced with a deciduous tree from the Medium or Large Canopy tree list in the Site Design Criteria Manual to enhance the amount of tree canopy on the site to closer to the minimum 20% required. v. Street Trees Section 35.13.7 of the DDC requires commercial developments to have one street tree for every 45 linear feet of frontage. tage, 4 street trees would be required. However, as is shown on the Site Plan, there is existing pavement all along the property frontage, and no street trees are proposed to be added. 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 vehicle repair use in question has existed on the subject property for over a year. As it exists today the use is not entirely compatible with the use and enjoyment of surrounding properties because vehicles are stored outside and not screened from the right-of-way and very little landscaping and buffering exists on the site. The use itself is necessary and can be beneficial in a downtown area where people both live and work because it provides a frequently needed service. With required screening in place for the storage areas and landscaping installed to buffer the site from surrounding properties this use could be made more compatible with other exiting development in the area. All of the surrounding properties are currently developed, so this continued use would not impede development or improvements to surrounding properties. The driveways for this site are already in place, as are the parking and vehicle storage areas. The Denton Development Code does not require parking for commercial uses within the Central Business District, so the parking that exists on the property today does not have to be increased to meet Code requirements. With the addition of a screening fence and gates, the flow of traffic through the site should be better defined. No changes are proposed at this time to site lighting; however, the vehicle repair use does have the potential generate noise and fumes. The proposed Type C buffer shown on the site plan and the additions to the buffer recommended by Staff would aid in reducing these potential nuisances for neighboring properties. c. That adequate capacity of infrastructure can and will be provided to and through the subject property. The vehicle repair use exists on the property today, and the building is currently served by utilities and roadway infrastructure. 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. As is indicated above, the use has been in place on the property for over one and a half years, and the development of the site itself dates back several decades, with the first CO for the site address being for a fuel station in the 1970s. The development of the site is consistent in scale and bulk with surrounding properties. The continuation of this existing use would not contribute to additional traffic. Buffering and screening as described above is needed on the site to aid in nuisance mitigation and to improve the aesthetics of the subject property from the adjacent right-of-way. The Denton Plan designates the subject property and surrounding area as Downtown Denton. This designation calls for a mixture of high-density residential development with commercial, office, civic, and other uses. Although the vehicle repair use does have more nuisance potential than other commercial uses, it is a necessary use in a full-service downtown area. With proper screening and buffering the use can help promote a downtown that serves the residential and STAFF RECOMMENDATION: Staff recommends approval of this request, with the following conditions: 1. The vehicle repair use shall be limited to the approximately 600 square foot one-story building area shown on the attached Site Plan. 2. All customer vehicles located at the facility for either repair or pick-up following repair work shall be kept behind the 6-foot wood fence in the gravel storage area shown on the Site Plan. 3. The proposed 6-foot wood screening fence shown on the Site Plan shall be installed and maintained so long as a vehicle repair use is located on the subject property, unless the vehicle storage area is paved and striped as a parking lot. 4. The proposed Type C landscape buffer shown on the Site Plan along the southern property e code. In addition, the proposed Type C landscape buffer shall be installed along the eastern property line along the existing wood fence up to the southern edge of the existing vacant building shown on the Site Plan. Additionally, the proposed deciduous ornamental trees within the buffer shall be replaced with a deciduous tree from the Medium or Large Canopy tree list in the Site Design Criteria Manual. 5. No storage of inoperable vehicles shall be permitted on the subject property. 6. Failure to adhere to the conditions stated above may result in revocation of the SUP in accordance with DDC Section 35.6.6. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 11 notices were sent to property owners within 200 feet of the subject property, 68 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and the applicant was required to place a sign on the property. The applicant has not held a neighborhood meeting as of the issuance of this report. Two written responses were received from adjoining property owners who oppose the request. One indicated that the opposition was due to noise and parking concerns. The property owner provided a written response form indicating support of the request. S18-0007 Site Location 050100200 Feet SITE µ Parcels Roads Date: 8/7/2018 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. S18-0007 Zoning Map DR-2 DC-G 050100200 Feet SITEDC-G µ DR-2 Parcels Roads Date: 8/7/2018 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. S18-0007 Future Land Use Map Low Downtown Residential Compatibility Area PECAN WALNUT Downtown Denton SYCAMORE 0125250500 Feet SITEDowntown Compatibility Area Future Land Use µ Neighborhood / University Compatibility Area Low Residential Parcels Downtown Denton Roads Date: 8/7/2018 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. DENTON COUNTY, TEXAS CITY OF DENTON REGISTRATION # 10095100 WWW.COLEMANSURVEYING.COM DENT ONE, INC. IN THE H. SISCO SY. A-1184 PH(940)565-8215, FAX (940)565-9800, CLIENT 5,000 SQ. FT. OF LAND Land Surveying Coleman & Assoc. DENT ONE - AUTO HAIL REPAIRS SPECIFIC USE PERMIT SITE PLAN Z:\\2100-2199\\18-2155 H SISCO SY A-1184 (DENT ONE PAINTLESS DENT REPAIR) SUP\\CARLSON\\2155-GRID.dwg, 1/3/2019 3:49:47 PM Below is a timeline of events that has led to this SUP application: May 2017 A Notice of Violation was issued for Dent One operating a business without a certificate of occupancy (CO). June 2017 Dent One Hail Repair applied for a CO for a vehicle repair use, and the CO was denied because an SUP is required for this use within the DC-G District. July 2017 A stop work order was issued for a temporary office/trailer being established on the property without a permit. July 2017 A commercial alteration permit was applied for and cancelled because an SUP is required for the proposed use. August 2017 Dent One started an SUP application but never completed it or provided information/documents for review. The application was closed in December 2017 due to inactivity. January 2018 The property owner was notified of Dent One continuing to operate without a CO. February 2018 A citation was issued. The citation indicated the applicant was to apply for the needed SUP by February 12, 2018. February 2018 A second SUP application was initiated for the auto repair use but was not complete. April 2018 A second notice was written. April 2018 Required documents were provided for staff review of the second SUP application. May 2018 Applicant appeared in Court for the February 2018 violation, pled guilty, and was fined $200. July 2018 The second SUP application was closed due to inactivity after multiple attempts at communication. July 2018 Dent One applied for a commercial alteration permit and a wall sign permit, which were both denied due to the need for an SUP. A third SUP application was submitted. August December 2018 The third SUP application was submitted for review. Staff provided comments and reviewed resubmitted documents. January 2019 Final documents needed to proceed with the SUP request were submitted to Staff, and a date was set for the first public hearing for this case. S18-0007 Notification Response Map 500ft Buffer 200ft Buffer 050100200 Feet SITE In Favor µ Parcels Neutral Opposed Roads Date: 2/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Scanned with CamScanner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S18-0008h,Version:1 AGENDA CAPTION HoldapublichearingandreconsidertheFebruary5,2019denialofanordinanceforaSpecificUsePermitto allowforamulti-familyresidentialuseaspartofamixed-usedevelopmentonanapproximately31-acresite, generallylocatedonthenorthsideofWindsorDrive,eastoftheI-35NFrontageRoad,intheCityofDenton, DentonCounty,Texas;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof; providingforseverability;andestablishinganeffectivedate(S18-0008h,WindsorDriveApartments,Hayley Zagurski). City of DentonPage 1 of 1Printed on 3/29/2019 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: April 2, 2019 SUBJECT Hold a public hearing and reconsider the February 5, 2019 denial 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 (S18-0008h, Windsor Drive Apartments, Hayley Zagurski). BACKGROUND On February 12, 2019 the City Council voted to reconsider the denial of a requested SUP for a multi-family development to be located on the north side of Windsor Drive. On February 5, 2019, the City Council held a public hearing for case S18-0008. A motion was made at this meeting to deny the item, and the motion was approved \[4-3\]. In anticipation of the upcoming reconsideration, the applicant has presented staff with a general concept for a revised site layout that would reduce the number of buildings from 16 to 12 but would retain roughly the same number of units. A detailed plan with square footages, revised lot coverage and landscape calculations, and unit mix has not been submitted to staff to enable a full analysis of the proposed changes. After consultation with the City Attorne magnitude of changes proposed merits a new SUP request. The new request would need to be submitted for staff review and then go to public hearing before both the Planning and Zoning Commission and City Council. A reconsideration allows the Council to hear the same exact item it heard previously. Given the significant changes the applicant has made, it is no longer the same item Council or P&Z reviewed, and thus, Staff and Legal believe the request should restart the process. Prior to that, at the January 15, 2019 City Council meeting, the applicant requested this case be postponed to the February 5, 2019 meeting. The public hearing was opened, and one member of the public spoke in opposition to this request and one member of the public expressed written opposition to the request but did not speak. The individual who spoke indicated opposition based upon concerns about the proximity of the subject property to gas well drilling and production sites. At the December 4, 2018 City Council meeting, the applicant provided a letter requesting this case be postponed to the January 15, 2019 meeting (see Exhibit 12). The public hearing was opened, no one requested to speak on the item, and the Council voted \[7-0\] to continue this public hearing to January 15, 2019. The Planning and Zoning Commission held a public hearing regarding this SUP request on November 14, 2018. At this meeting the applicant proposed alternative amounts for the number of buildings, lot coverage and landscape area, and maximum density than those that are reflected on the original plans as well as in the Staff Recommendation above. After a discussion of the requested amendments as well as the concerns of several Commissioners regarding the close proximity of this development to nearby gas well sites, the applicant requested to continue this item to a date certain of November 28, 2018. A motion th was made and approved unanimously to continue the public hearing to the November 28 meeting to provide the applicant time to prepare and submit a revised site plan reflecting the requested changes to the number of buildings, lot coverage, landscape area, and density. Since the original public hearing, the applicant has determined that instead of making the requested changes to the site plan they will instead move forward with the originally submitted plan and associated staff recommendations. Subsequently, at the November 28, 2018 Planning and Zoning Commission meeting discussion of the requested SUP was continued. The applicant again presented information related to their request and answered questions from the Commissioners regarding gas well setbacks. One individual in attendance at the meeting filled out a card in opposition to the request but did not speak on the item. Two of the Commissioners indicated that they were opposed to the request due to the close proximity of the development to gas wells. Other members of the Commission expressed similar concerns but indicated that since the application demonstrated c oppose the request. The Planning and Zoning Commission recommend approval of the request with all of \[4-3\]. 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: Limitation (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. 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 well site, schools, and other similar uses) 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. The full Staff Analysis of the request is provided as Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. 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- 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 be 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 above and in Section 3 of the Draft Ordinance, including those referenced in conditions 1 and 2. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject property was zoned Neighborhood Residential Mixed Use (NRMU) District as part of the 2002 city-wide rezoning. The Planning and Zoning Commission held a public hearing regarding this SUP request on November 14, th 2018 and voted unanimously to continue the public hearing to the November 28 meeting. Subsequently, at the November 28, 2018 Planning and Zoning Commission meeting the Planning and Zoning Commission recommend approval of the request with all of the above stated staff recommendations and conditions \[4-3\]. On December 4, 2018 the City Council opened the public hearing for this case and voted \[7-0\] to continue the public hearing to a date certain of January 15, 2019. On January 15, 2019 the City Council opened the public hearing for this case and voted \[6-0\] to continue the public hearing to a date certain of February 5, 2019. On February 5, 2019 the City Council voted \[4-3\] to deny the requested SUP. On February 12, 2019 the City Council voted \[5-2\] to reconsider the denial of the SUP. DEVELOPER ENGAGEMENT DISCLOSURES All developer contact and/or meeting disclosures provided to staff as of the issuance of this report have been provided in Exhibit 13. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Preliminary Site Plan 7. Preliminary Landscape Plan 8. Sample Building Elevations 9. Notification Map and Responses 10. 11.14.18 Planning and Zoning Commission Meeting Minutes 11. 11.28.18 Planning and Zoning Commission Meeting Minutes 12. Applicant Request to Continue 13. Developer Meeting Disclosures 14. Presentation 15. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Hayley Zagurski Senior Planner Minutes Planning and zoning commission November 14, 2018 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, November 14, 2018 at 4:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Chair Andrew Rozell, Commissioners: Tim Smith, Larry Beck, Jason Cole, Mat Pruneda, and Margie Ellis. ABSENT: Commissioner Alfred Sanchez. STAFF: Cathy Welborn, Karen Hermann, Hayley Zagurski, Ron Menguita, Richard Cannone, Julie Wyatt, Sean Jacobson, Charlie Rosendahl and Jerry Drake. WORK SESSION Chair Rozell opened the work session at 4:15 p.m. 1. Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may include a full briefing on an item in the order it appears on the regular session agenda. Any such briefing will be repeated in regular session. Chair Rozell asked the Commission if they had any questions regarding the Consent Agenda. Commissioner Beck questioned if the natural water tank located on the property for Consent Agenda 3B is going to be filled in or worked around. Hayley Zagurski, Senior Planner stated the existing pond is slightly off site from this project, but the pond is being worked around from this project as well as another one, and it will be modified as they develop. Chair Rozell questioned if the Commission had any questions on the 2019 calendar. Commissioner Ellis questioned if it was allowed to only have one meeting in July. Richard Cannone, Deputy Director of Development Services, stated yes it worked out this way due to the holidays and adjusting to every other week. Chair Rozell stated Public Hearing item 5A has been postponed and Public Hearing item 5B has been withdrawn. Ron Menguita, Principal Planner, presented Public Hearing item 5C. Menguita stated the request is to change the zoning from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU), to allow more density. Menguita continued to state the proposed rezoning does not conform to the future land use element of the Denton Plan 2030. Њ Commissioner Smith arrived. Commissioner Smith questioned why the neighborhood meeting was poorly attended. Menguita stated he has received phone calls from residents and the response he received was they did receive the notification but were not prepared to attend. Staff recommends denial of the zoning change request based on the following considerations: 1. The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. 2. More intense uses are permitted in the NRMU Zoning District. 3. General regulations in the NRMU Zoning District are less restrictive compared to NRMU-12. Ron Menguita presented Pubic Hearing item 5D. Menguita stated the request is for a Specific Use Permit (SUP) to allow for a multi-family dwelling use. Staff recommends denial of the SUP request based on the following consideration: The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. Commissioner Beck requested clarification on the applicants plan for traffic mitigation. Menguita stated they will add a center left turn lane on Mockingbird Lane. Hayley Zagurski, Senior Planner, presented Public Hearing item 5E. Zagurski stated the request is to hold a Public hearing and consider making a recommendation to City Council regarding a request by Glory of Zion for a Specific Use Permit to allow for a multi- family use. Zagurski stated there are two gas wells located on the adjoining property, the applicant will be required to provide a type D buffer. Staff does recommend approval with the following conditions: 1.The City Council recognizes that driveway access locations from state highways must be approved by the Texas Department of Transport 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 Ћ 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 previously, including those referenced in conditions 1 and 2. Commissioner Prunenda questioned if the apartments are going to be right up against the 250 feet boundary line. Zagurski stated yes the apartments will have to be 250 feet between the closest exterior point of the building and the pad site boundary. Commissioner Smith questioned why a religious institution is seeking to build multifamily then eventually commercial. Zagurski stated from her understanding the current owner is a religious institution but are in the process of selling the property. Julie Wyatt, Senior Planner, presented Public Hearing item 5F. Wyatt stated the request is to hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to update the Planning and Zoning Commission Procedures related to motions resulting in a tie vote. Commissioner Smith questioned why an item would first come as a Public Hearing then come back as an Item for Individual Consideration. Wyatt stated after the Commission has voted and the Public Hearing item has been closed it cannot be reopened unless it is noticed again. 2. Work Session Reports Chair Rozell stated Work Session report 2B would be heard before 2A. A. Receive a report and hold a discussion regarding the status of the Denton Development Code Update. Ron Menguita, Principal Planner, provided an update to the Denton Development Code (DDC). B. Receive a presentation from Pritam Deshmukh, Deputy City Engineer regarding Traffic Engineering initiatives. Pritam Deshmukh, Deputy City Engineer, provided an update to the Traffic and Transportation criteria manuals. Chair Rozell called a recess at 5:30p p.m. Chair Rozell reconvened the Work Session at 5:50 p.m. Chair Rozell closed the Work Session at 6:05 pm Ќ REGULAR MEETING Chair Rozell opened the Regular Meeting at 6:34 pm The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, November 14, 2018 at 6:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney at which time the following items were considered: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 2. CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES FOR: A. Consider approval of the Planning and Zoning Commission meeting minutes. Commissioner Margie Ellis motioned, Commissioner Mat Pruneda seconded to approve the October 24, 2018 meeting minutes. Motion approved (6-0). 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". 3. CONSENT AGENDA A. Consider a request by Robson Denton Development, LP for approval of a Preliminary Plat for Robson Ranch Unit 25-2. The approximately 17.721-acre site is generally located on the west side of Ed Robson Boulevard, approximately 965 feet north of Crestview Drive in the City of Denton, Denton County, Texas. (PP18-0012, Robson Ranch Unit 25-2, Julie Wyatt). B. Consider a request by United States Cold Storage, LP for approval of a final plat of the Westpark Addition, Lot 13R-1, Block A. The approximately 45.17-acre site is generally located on the south side of Jim Christal Road, approximately 1,130 feet east of Western Boulevard in the City of Denton, Denton County, Texas. (FP18-0005, 500k SF Cold Storage, Hayley Zagurski). C. Consider a request by Denton 1 Exchange LLC for approval of a final plat of the Lot 1, Block A of the Fisher 59 Addition. The approximately 37.91-acre site is generally located on the north side of W. University Drive, approximately 800 feet west of Masch Branch Road in the City of Denton, Denton County, Texas. (FP18-0026, Fisher 59, Hayley Zagurski). Commissioner Larry Beck motioned, Commissioner Tim Smith seconded to approve the Consent Agenda. Motion approved (6-0). 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". Ѝ 4. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider approval of the 2019 Planning and Zoning Commission calendar. Commissioner Margie Ellis motioned, Commissioner Mat Pruneda seconded to approve the 2019 Planning and Zoning Commission calendar. Motion approved (6-0). 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". 5. PUBLIC HEARINGS A. Hold a public hearing and consider making a recommendation to City Council regarding a request by Lee Allison of the Allison Engineering Group on behalf of Responsive Education Solutions and Lifeline Church of Denton for a zoning change 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, Texas (CDP Bravo, Z18-0021, Sean Jacobson). STAFF HAS POSTPONED THIS ITEM TO THE NOVEMBER 28th, 2018 PLANNING AND ZONING COMMISSION MEETING. B. Hold a public hearing and consider making a recommendation to City Council regarding an amendment to the Denton Development Code, amending Subchapter 35.3 - Procedures by adding a citizen participation section. THIS ITEM HAS BEEN WITHDRAWN AND WILL BE CONSIDERED WITH THE DDC UPDATE. (DCA18-0006, Citizen Participation, Ron Menguita) C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Kirkman Engineering for a zoning change from Neighborhood Residential Mixed Use 12 (NRMU-12) to a Neighborhood Residential Mixed Use (NRMU) Zoning District. The applicant is proposing a multi-family dwelling use with 267 units proposed on three adjacent tracts totaling approximately 9.91 acres. The subject property is generally located west of Mockingbird Lane and south of the Mingo Road in the City of Denton, Denton County, Texas. (Z18-0022, Mockingbird Multi-Family, Ron Menguita). Chair Rozell opened the Public Hearing. Ron Menguita, Principal Planner, presented Public Hearing item 5C. Menguita stated the request is to change the zoning from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU), to allow more density. Ў Menguita continued to state the proposed rezoning does not conform to the future land use element of the Denton Plan 2030. Staff recommends denial of the zoning change request based on the following considerations: 1. The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. 2. More intense uses are permitted in the NRMU Zoning District. 3. General regulations in the NRMU Zoning District are less restrictive compared to NRMU-12. Eliana Tuley and Mukesh Parna, the applicants, presented a presentation. Tuley requested the Commission to table the item to provide a better development City staff and the neighbors will approve. Commissioner Smith questioned when the notifications for the neighborhood meeting were sent out. Tuley stated they were post marked on October 22, 2018. The following individuals spoke during the Public Hearing: Eliana Tuley, 4821 Merlot Ave. Ste. 210, Grapevine, Texas 762051. Supports the request. Mukesh Parna, 5811 Kerry Dr. Frisco, Texas 75035. Supports the request. Nancy Carson, 2908 Oakshire St. Denton, Texas 76209. Opposed to the request. Stephen Johnson, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request. Linda Godoy, 3001 Oakshire St. Denton, Texas 76209. Opposed to the request. The following individuals requested not to speak: Kathy Smith, 3021 Brandywine St. Denton, Texas 76209. Opposed to the request. Sharon Stewart, 3021 Anysa Ln. Denton, Texas 76209. Opposed to the request. Ellen Ryfe, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request. Hudson and Sandra Williams, 3049 Brandywine St. Denton, Texas 76209. Opposed to the request. Bryan Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Michelle Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Judy Delay, 215 Bluebird Cir. Denton, Texas 76209. Opposed to the request. Chair Rozell stated the Commission was also provided a petition with 38 signatures. Chair Rozell closed the Public Hearing. Commissioner Ellis stated infrastructure is clearly an issue in this area. Chair Rozell stated he is opened to allowing the applicant an opportunity to be creative to bring back something better. Commissioner Mat Pruneda motioned, Commissioner Larry Beck seconded to table Public Hearing 5C to a date uncertain. Motion approved (6-0). 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". Џ D. Hold a public hearing and consider making a recommendation to City Council regarding a request by Kirkman Engineering for a Specific Use Permit (SUP) to allow for a multi- family dwelling use with 267 units proposed on three adjacent tracts totaling approximately 9.91 acres. The subject property is generally located west of Mockingbird Lane and south of the Mingo Road in the City of Denton, Denton County, Texas. (S18-0005, Mockingbird Multi-Family, Ron Menguita). Chair Rozell opened to the Public Hearing. Ron Menguita presented Pubic Hearing item 5D. Menguita stated the request if for a Specific Use Permit (SUP) to allow for a multi-family dwelling use. Staff recommends denial of the SUP request based on the following consideration: The density and scale of the proposed multi-family project does not conform to the Future Land Use Element of the Denton Plan 2030, in terms of dwelling units per acre. The following individuals spoke during the Public Hearing: Stephen Johnson, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request. Nancy Carson, 2908 Oakshire St. Denton, Texas 76209. Opposed to the request. The following individuals requested not to speak: Linda Godoy, 3001 Oakshire St. Denton, Texas 76209. Opposed to the request. Bryan Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Michelle Hurt, 1412 Copper Ridge St. Denton, Texas 76209. Opposed to the request. Judy Delay, 215 Bluebird Cir. Denton, Texas 76209. Opposed to the request. Ellen Ryfe, 1412 Briarwood St. Denton, Texas 76209. Opposed to the request Chair Rozell closed the Public Hearing. Commissioner Smith recommended to the applicant to find a way to develop without requiring a zoning change. Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to table Public Hearing 5D to a date uncertain. Motion approved (6-0). 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". Chair Rozell called a recess at 7:42 p.m. Chair Rozell reconvened the Regular Meeting at 7:47 p.m. E. Hold a public hearing and consider making a recommendation to City Council regarding a request by Glory of Zion International Ministries Inc. for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on approximately 31 acres. The property is generally located on the north side of Windsor Drive, east of the I- А 35 N frontage road in the City of Denton, Denton County, Texas. (S18-0008, Windsor Drive Apartments, Hayley Zagurski). Hayley Zagurski, Senior Planner, presented Public Hearing item 5E. Zagurski stated staff does recommend approval of the Specific Use Permit (SUP) with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be approved by the -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 previously, including those referenced in conditions 1 and 2. The following individuals spoke during the Public Hearing: Lee Allison, 2415 N. Elm St. Denton, Texas 76201. Supports the Request. Tom Neary, 1700 Pacific Ave. Dallas, Texas 75201. Support the Request. Lee Allison, the applicant, presented a presentation from Allison Engineering. Allison proposed applicant recommendation: 1. Replace recommended requirements to 2-6 units with a. max of 20 buildings. b. Max. Density of 24 units/ acre. c. Parking shall meet code, garage spaces shall meet code, and garage spaces shall count toward amount provided. d. Max lot coverage 65%. e. minimum landscape area of 35% inclusive of landscape/ recreational amenities. f. Building elevations shall reasonably conform to the examples and shall comply with Denton Development Code (DDC) 35.13.13.2. 2. Modification to the type D buffer. Commissioner Smith questioned Zagurski if the Commission agreed on the applicants recommendations would that be giving the applicant too much leeway. Zagurski stated the recommendations are not unreasonable and are within the zoning limitations. Commissioner Beck questioned what the applicant would be modifying within the type D buffer requirements. Allison stated the 1 tree/ 40 linear feet, no shrubs, a 30 foot buffer encroachment on the south end of the property, a wooden fence with metal post, trees count for 100% of the canopy and to allow the Planning Director to approve an alternative landscape plan. Б Chair Rozell requested clarification if the applicant is allowed to use 100 percent of the tree and landscape buffer towards the canopy requirements. Zagurski stated it is not numerated in the the request may be be permissible as part of an alternative buffer, but is unsure if the Director could approve a change to the maximum percentage of tree canopy as an alternative in the Denton Development Code (DDC). Jerry Drake, First Assistant City Attorney, stated he disagrees with Allison, the SUP is used as a base line for code compliance and it allows City Council to ensure impacts are being addressed. Chair Rozell requested Allison to explain the precipice for changing the original concept plan submitted to the City. Allison stated the precipice was having an understanding the DDC was observed and the zoning requirements are met. Commissioner Ellis stated part of the SUP process is to make everyone aware of going on with the site. Commissioner Pruneda questioned if the well operator wanted to expand the site would the project come before the Planning and Zoning Commission. Richard Cannone, Deputy Director of Development Services, stated yes that is correct, but requested Zagurski to provide a little more insight on a gas well site plan. Zagurski stated if or when the gas well operator would require an SUP as part of their Watershed pProtection pPermit prior to obtaining a gas well site plan. Chair Rozell requested clarification, if the Commission recommendation can this item go before City Council without an updated site plan and if approved can the applicant provide an updated site plan before it goes to City Council. Allison stated yes the applicant would be able to provide an updated site plan. Drake stated yes and recommended the site plan be updated to match the approved conditions or recommendations. Chair Rozell closed the Public Hearing. Commissioner Smith motioned to approve Public Hearing item 5E with with the applicants requested recommendations: 1. Replace recommended requirements to 2-6 units with a. max of 20 buildings. b. Max. Density of 24 units/ acre. c. Parking shall meet code, garage spaces shall meet code, and garage spaces shall count toward amount provided. d. Max lot coverage 65%. e. minimum landscape area of 35% inclusive of landscape/ recreational amenities. f. Building elevations shall reasonably conform to the examples and shall comply with Denton Development Code (DDC) 35.13.13.2. 2. Modification to the type D buffer. But also include staffs conditions: 1. The City Council recognizes that driveway access locations from state highways 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 В 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 previously, including those referenced in conditions 1 and 2. Also provide a matching preliminary site plan. Commissioner Pruneda seconded. Commissioner Beck stated if the development was strictly commercial he would not have a problem with the item, but he is concerned with residents living in close proximity to the gas wells. Commissioner Ellis stated she has an issue moving an item along to City Council when she really Chair Rozell stated the direction the City is going and memorializing things from the conceptual preliminary site plan is the right direction, and help the Commission understand what is being put on the site, to provide a good recommendation to City Council. Chair Rozell continued to state this project is under what is allowed and fully supports the project going forward with the motion presented by Commissioner Smith. Commissioner Cole stated he shares the same health concerns as Commissioner Beck, but there will be no development in west Denton if applicants are held to the gas well requirements. Commissioner Cole continued to state with no clarity on the requirements and conditions he has to vote no. Commissioner Beck thanked Commissioner Cole but also stated, if this development was only commercial he would not have an issue, the Planning and Zoning commission has approved developments close to gas wells, but they were not residential. Chair Rozell requested Commissioner Smith to clarify his motion. Commissioner Smith stated the 16 buildings max to 20 buildings max, item 3 from the density of 24.8 units per acre to 24 units per acre and item 5 saying the site plan of lot coverage can be moved from 49 percent to 65 percent and landscape changed to 35 percent. Commissioner Pruneda stated he cannot vote for this even though he wants development in Denton. Chair Rozell asked Commissioner Pruneda if he was withdrawing his seconded. Commissioner Pruneda stated he seconded to put the item to a vote not to approve the item. Chair Rozell called a recess at 9:17 p.m. ЊЉ Chair Rozell reconvened the Regular Meeting at 9:27 p.m. Zagurski stated the applicant has requested to continue the item to November 28, 2018. Commissioner Smith stated he would like to amend his motion to table the item to a date certain of November 28, 2018. Commissioner Tim Smith motioned, Commissioner Margie Ellis seconded to table Public Hearing 5E to a date certain of November 28, 2018. Motion approved (6-0). 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 making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to update the Planning and Zoning Commission Operational Procedures in Subchapter 4 Boards, Commissions, and Committees related to motions resulting in a tie vote. (DCA18-0005, Tie Vote Procedure, Julie Wyatt). THIS ITEM WAS POSTPONED FROM THE OCTOBER 24, 2018 PLANNING AND ZONING COMMISSION MEETING. (DCA18-0005, Tie Vote Procedure, Julie Wyatt). Chair Rozell opened the Public Hearing Julie Wyatt, Senior Planner, presented Public Hearing item 5F. Wyatt stated the request is to hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to update the Planning and Zoning Commission Procedures related to motions resulting in a tie vote. Staff does recommend approval. Chair Rozell closed the Public Hearing. Commissioner Margie Ellis motioned, Commissioner Larry Beck seconded to approve Public Hearing 5F. Motion approved (6-0). 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". 6. PLANNING & ZONING COMMISSION PROJECT MATRIX A. Planning and Zoning Commission project matrix. Richard Cannone, Deputy Director of Development Services, noted on November 28, 2018 the Capital Improvement Advisory Committee will be meeting before the Planning and Zoning Commission meeting. Cannone stated staff will also be providing an update to the tree code on November 28, 2018. Commissioner Beck requested a notification when neighborhood meetings are being held. Cannone stated staff will provide the information to the Commission. ЊЊ Chair Rozell questioned the requirements on removing the signage after the Public Hearing has been held. Cannone stated typically they stay up until Council, but should be removed within a week of two. Staff has had to send zoning enforcement out for having an illegal sign. Chair Rozell closed the Regular Meeting at 9:50 p.m. ЊЋ Minutes Planning and Zoning Commission November 28, 2018 After determining that a quorum was present, the Planning and Zoning Commission of the City of Denton, Texas convened in a Work Session on Wednesday, November 28, 2018 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items were considered: PRESENT: Chair Andrew Rozell, Commissioners: Alfred Sanchez, Larry Beck, Jason Cole, Mat Pruneda, Margie Ellis, and Tim Smith. ABSENT: None. STAFF: Scott McDonald, Richard Cannone, Jerry Drake, Hayley Zagurski, Julie Wyatt, Cindy Jackson, Ron Menguita, Sean Jacobson, Karen Hermann, Charlie Rosendahl and Cathy Welborn. WORK SESSION Chair Rozell opened the Work Session at 4:37 p.m. 1.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may include a full briefing on an item in the order it appears on the regular session agenda. Any such briefing will be repeated in regular session. Chair Rozell stated Public Hearing item 2A has been postponed to the December 12, 2018 meeting. Hayley Zagurski, Senior Planner, presented Public Hearing item 2B. Zagurski stated this item is being continued from the November 14, 2018 Planning and Zoning meeting per the applicants request to allow more time to develop a modified plan. Zagurski stated following the meeting the applicant decided to move forward with staff’s original recommended conditions. Staff does recommend approval with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be approved by the Texas Department of Transportation (“TxDOT”), 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, 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 Њ 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 previously, including those referenced in conditions 1 and 2. Commissioner Beck questioned if there is a definite plan for commercial development. Zagurski stated no there is no set date. Commissioner Smith questioned why the applicant decided to go with staff’s recommendations and conditions. Zagurski stated the way notices are worded City Council and the Planning and Zoning Commission can only recommend or approve conditions that are equal to or more restrictive then what was seen at the meeting. Zagurski continued what the applicant was proposing was less restrictive and would have required another notification. Cindy Jackson, Senior Planner, presented Public Hearing 2C. Jackson stated this item has been continued from the October 28 2018 Planning and Zoning Commission meeting to allow the tenants time to address the parking issues associated with the two suites. Jackson stated staff did go out on 11/28/2018 and discovered the vehicles from the adjacent lot had been removed and Mr. Melton has vacated suite 111 and Mr. Haynie has now leased suite 111. Jackson stated staff does recommend denial, but should the Planning and Zoning commission decide to approve the 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. The new Certificate of Occupancy shall state that the proposed use of Quick Vehicle Service is limited to this particular business owner and these two particular suites. 3.This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 8 and Exhibit 9. 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. Commissioner Pruneda questioned if the applicant would need a Specific Use Permit (SUP) for both suites. Jackson stated yes he would. Chair Rozell questioned if it is in the authority of the Planning and Zoning Commission or City Council to limit the Certificate of Occupancy to a business. Chair Rozell stated Jackson affirmatively responded to Commissioner Pruneda’s question that the applicant would need an SUP of each suite and requested her to clarify if there would be another SUP coming before the commission. Jackson stated she misunderstood Commissioner Pruneda’s question and the SUP currently in question is for both suite 110 and 111. Chair Rozell questioned given the provisions why staff is still in denial of the request. Jackson stated due to the use being Ћ denied in 2010, staff thought it would be better for the Planning and Zoning Commission and City Council decide if the location is appropriate for the use. Julie Wyatt, Senior Planner, presented Public Hearing item 2E. Wyatt stated the Denton Development Code (DDC) does not address Planned Developments (PD), even though it did carry over 15 PD's that were in effect prior to the adoption of the 2002 code. Wyatt stated staff looks to the 1991 code to regulate and administer the PD’s. Commissioner Beck questioned if the applicant could build a residence up to 3600 square feet. Wyatt stated the way lot coverage is calculated in the City of Denton does not only include the structure but also includes all impervious surfaces. Wyatt stated Staff does recommend approval of the request as it meets the criteria for approval with the following condition: 1. Any development must conform to the General Concept Plan, Detailed Plan, Landscape Plan, and text. Jackson presented Public Hearing item 2D. Jackson stated the request is for an SUP to allow for a free standing monopole tower and associated equipment room. Jackson stated staff does recommend approval of the request as it is compatible with the surrounding property and conforms to all applicable requirements of section 35.12.8, Wireless Telecommunications Facilities. Commissioner Smith questioned when the applicant sent out the notification for the neighborhood meeting and where it was held. Jackson stated the applicant sent out notices 10 days before the meeting and the meeting was held at the Emily Fowler Library. Jackson presented Public Hearing item 2F. Jackson stated the request is to consider a zoning change from Neighborhood Residential Mixed Use 12 (NRMU-12) to Neighborhood Residential Mixed Use (NRMU). Jackson stated the request will require a Specific Use Permit (SUP) which will also come before the commission. Jackson stated with the number of notifications received in opposition, approval would require super majority vote from City Council. Jackson stated staff does recommend 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. Commissioner Ellis questioned if staff took into consideration what other uses this zoning change could open the property up to besides multi-family. Jackson stated yes, but with the property being located on a primary arterial, the requested zoning district permits neighborhood services and neighborhood commercial uses staff considers to be compatible. Chair Rozell stated at the last two Planning and Zoning meetings the commission has seen a zoning and SUP request in tandem. Chair Rozell then questioned why there is a delay for the SUP. Jackson stated the applicant did not submit for a SUP and has not started on the engineering for the site. Ќ Commissioner Pruneda questioned the type of leases the apartments would have. Jackson stated usually when there is single room occupancy they are four bedrooms and these are one or two bedroom apartments. Commissioner Beck questioned what type of buffer would be required. Jackson stated they would have to add a type C buffer on the sides that neighbor the church and the single family residents. Chair Rozell stated Public Hearing item 2G is postponed to January 9, 2018. Chair Rozell called a recess at 5:55 p.m. Chair Rozell reconvened the Work Session at 6:10 p.m. Richard Cannone, Deputy Director of Development Services and Hayley Zagurski, Senior Planner, presented Public Hearing item 2H. Chair Rozell closed the Work Session at 6:28 p.m. 2.Work Session Reports A.Receive a report and give direction on creation of The Denton Square District, with associated draft Design Standards and Guidelines, procedures, and review body. Richard Cannone, Deputy Director of Development Services, stated Work Session Report 2A would be heard at a future meeting. REGULAR MEETING Chair Rozell opened the Regular meeting at 6:37 p.m. The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, November 28, 2018 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the following items were considered: 1.PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 2.PUBLIC HEARINGS A.Hold a public hearing and consider making a recommendation to City Council regarding a request by Lee Allison of the Allison Engineering Group on behalf of Responsive Education Solutions and Lifeline Church of Denton for a zoning change 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 Ѝ 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, Texas (CDP Bravo, Z18-0021, Sean Jacobson). STAFF HAS POSTPONED THIS ITEM TO THE DECEMBER 12, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2A has been postponed to the December 12, 2018 Planning and Zoning Commission meeting. B.Hold a public hearing and consider making a recommendation to City Council regarding a request by Glory of Zion International Ministries Inc. for a Specific Use Permit to allow for a multi-family residential use as part of a mixed-use development on approximately 31 acres. The property is 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. (S18-0008, Windsor Drive Apartments, Hayley Zagurski). THIS ITEM HAS BEEN CONTINUED FROM THE NOVEMBER 14, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2B was continued from the November 14, 2018 at which time the Public Hearing was closed. Hayley Zagurski, Senior Planner, presented Public Hearing item 2B. Zagurski stated following the meeting the applicant decided to move forward with staff’s original recommended conditions. Staff does recommend approval with the following conditions: 1. The City Council recognizes that driveway access locations from state highways must be approved by the Texas Department of Transportation (“TxDOT”), 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, 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 previously, including those referenced in conditions 1 and 2. Lee Allison, Allison Engineering, the applicant, presented a presentation. Ў Commissioner Pruneda questioned if the gas wells are currently active. Zagurski stated they are both active. Chair Rozell read into the record the opposition from Ed Soph, 1620 Victoria Dr. Denton, Texas 76209. Commissioner Beck provided his concerns and findings regarding gas wells. Commissioner Pruneda stated if the item was denied from Planning and Zoning Commission it would still go before City Council and require a super majority vote. Chair Rozell stated he will be supporting the project. With the current setback requirements City Council has agreed on, the Planning and Zoning Commission might be setting arbitrary conditions that are not codified by City Council. Commissioner Ellis stated she appreciates the concerns raised by Commissioner Beck, but in front of the Commission is an SUP that more than complies with the code. Commissioner Tim Smith motioned, Alfred Sanchez seconded to approve Public Hearing item 2B with staff’s conditions and recommendations: 1. The City Council recognizes that driveway access locations from state highways must be approved by the Texas Department of Transportation (“TxDOT”), 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, 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 previously, including those referenced in conditions 1 and 2. Motion approved (4-3). Commissioner Alfred Sanchez "aye", Chair Andrew Rozell "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Larry Beck "nay", Commissioner Jason Cole "nay", and Commissioner Mat Pruneda "nay". Џ C.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) THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 2018 PLANNING AND ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2C has been continued from the October 24, 2018 meeting. Cindy Jackson, Senior Planner, presented Public Hearing item 2C. Jackson stated staff did go out on November 28, 2018 and discovered the vehicles from the adjacent lot had been removed and Mr. Melton has vacated suite 111 and Mr. Haynie has now leased suite 111. Jackson stated staff does recommend denial, but should the Planning and Zoning Commission decide to approve the 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. The new Certificate of Occupancy shall state that the proposed use of Quick Vehicle Service is limited to this particular business owner and these two particular suites. 3.This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 8 and Exhibit 9. 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. The following individual spoke on this item: Chris Haynie, 17787 W. F.M. 922, Forestburg, Texas 76239. Supports the request. Haynie stated he took over suite 111 on November 23, 2018. Chair Rozell closed the Public Hearing. Commissioner Mat Pruneda motioned, Commissioner Tim Smith seconded to approve with staff’s recommendations: 1. A new Certificate of Occupancy for the correct use, Quick Vehicle Servicing, must be applied for and approved. 2. The new Certificate of Occupancy shall state that the proposed use of Quick Vehicle Service is limited to this particular business owner and these two particular suites. 3.This Specific Use Permit will be limited to the use description and floor plan shown in Exhibit 8 and Exhibit 9. 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. 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 making a recommendation to City Council regarding a request by Vincent G. Huebinger representing Verizon Wireless - Denton Central for a Specific Use Permit to allow a free standing monopole tower and associated equipment room. The property is located at 816 Frame Street in the City of Denton, Denton County, Texas. (S18-0009, Verizon Wireless, Cindy Jackson) А Chair Rozell opened the Public Hearing. Cindy Jackson, Senior Planner, presented Public Hearing item 2D. Jackson stated staff recommends approval of the request as it is compatible with the surrounding property and conforms to all applicable requirements of Section 35.12.8, Wireless Telecommunications Facilities. The following individual spoke on this item: Vincent Huebinger, 1715 Capital of Texas Hwy Ste. 207, Austin, Texas 78746. Supports the request. Vincent Huebinger, the applicant, presented a presentation. Chair Rozell closed the Public Hearing. Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve Public Hearing 2D. 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". E. The City of Denton Planning and Zoning Commission will Hold a public hearing and consider making a recommendation to City Council regarding a Concept Plan amendment and Detailed Plan approval for Planned Development 115 (PD-115) District to depict a single-family residential development on approximately 78 acres. The property is generally located on the west side of North Bonnie Brae Street, approximately 250 feet south of US Highway 77/North Elm Street in the City of Denton, Denton County, Texas. (PDA18-0001, Kings Ridge, Julie Wyatt). Chair Rozell opened the Public Hearing. Julie Wyatt, Senior Planner, presented Public Hearing item 2E. Chair Rozell questioned if the commission will see this item again. Wyatt stated the Commission would see the preliminary and final plat. The following individual spoke on this item: Warren Corwin, 200 W. Belmont, Allen, Texas 75093. Supports the request. Jack Dawson, 1800 valley View Ln. Framers Branch, Texas 75234. Supports the request. Warren Corwin, the applicant presented a presentation. Chair Rozell closed the Public Hearing. Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public Hearing item 2E with the following condition: 1.Any development must conform to the General Б Concept Plan, Detailed Plan, Landscape Plan, and text. 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". F. Hold a public hearing and consider making a recommendation to City Council regarding a request by Craig Bond representing Parvar Property, LLC for a zoning change from a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district. The 2.683 acre site is generally located at 3131 and 3161 N Elm Street, in the City of Denton, Denton County, Texas. (Z18-0009, Centennial on N. Elm Apartments, Cindy Jackson) Chair Rozell opened the Public Hearing. Cindy Jackson, Senior Planner, presented Public Hearing item 2F. Jackson stated staff does recommend approval. Commissioner Sanchez questioned what types of commercial developments are planned to go on a primary arterial. Jackson stated you want large traffic generators so they immediate access to the arterial and won’t clog up the collector streets. The following individuals spoke on this item: Craig Bond, 1107 Woodmount Ct. Denton, Texas 76209. Supports the request. Mohammad Parvar, 3110 Hillside Dr. Highland Village, Texas 75077. Supports the request. Terry Martin, 1216 Mistywood Ln. Denton, Texas 76209. Opposed to the request. Julie Smith, 532 N Windsor Dr. Denton, Texas 76207. Opposed to the request. Agnes Dean, 428 W. Windsor Dr. Denton, Texas 76207. Opposed to the request. Ashley Bender, 606 Northridge St. Denton, Texas 76201. Opposed to the request. Edward Cuthbertson, 512 Northridge St. Denton, Texas 76201. Opposed to the request. Commissioner Smith questioned why the SUP did not come with the zoning case. Bond stated the applicant wanted to ensure the property would be approved for the rezoning. Commissioner Beck questioned Mohammad Parvar, the owner, if he would be willing to add an overlay to keep the density down. Parvar agreed to an overlay. Chair Rozell stated as a point of order if the item is motioned and seconded on the Public Hearing will remain open, anyone wishing to speak will be allowed and also when the item comes back before the Commission citizens will be allowed to speak again. Commissioner Tim Smith motioned, Commissioner Larry Beck seconded to table Public Hearing item 2F to a date certain of February 20, 2019. 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". В Chair Rozell read into the record the following individuals requested not to speak: Jean Cuthbertson, 512 Northridge St. Denton, Texas 76201. Opposed to the request. W. Lee Nahrgang, 506 Northridge St. Denton, Texas 76201. Opposed to the request. John Hyatt, 513 Northridge St. Denton, Texas 76201. Opposed to the request. Audrian Bryan, 103 Burl St. Denton, Texas 76208. Opposed to the request. Ann Ennis, 525 W. Windsor Dr. Denton, Texas 76207. Opposed to the request. Bill Ennis, 525 W. Windsor Dr. Denton, Texas 76207. Opposed to the request. Commissioner Pruneda encouraged the residents to voice their concerns to City Council. Chair Rozell called a recess. Chair Rozell reconvened the Regular Meeting. G.Hold a public hearing and consider making a recommendation to City Council regarding a request by Abra Nusser representing Calvert Paving Corp. to assign an initial zoning designation of Neighborhood Residential 4 (NR-4) on approximately 86 acres of land and to rezone approximately six acres of land from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4). The subject site is generally located between Creekdale Drive and Hickory Creek Road, east of the railroad tracks, in the City of Denton, Denton County, Texas. (Z18-0017, Lakeside Place, Cindy Jackson) STAFF HAS POSTPONED THIS ITEM TO THE JANUARY 9, 2019 PLANNING & ZONING COMMISSION MEETING. Chair Rozell stated Public Hearing item 2G has been postponed to January 9, 2019 Planning and Zoning Commission meeting. H.Hold a public hearing and consider making a recommendation to City Council regarding a proposed revision to the Denton Development Code; specifically to amend Subchapters 13 and 17 related to tree preservation, landscape standards, and environmentally sensitive area standards. (DCA18-0008, Conservation and Landscape Code, Hayley Zagurski). Richard Cannone, Deputy Director of Development Services, and Hayley Zagurski, Senior Planner, presented Public Hearing item 2H. Commissioner Beck requested this item to be the first Public Hearing on the December 12, 2018 agenda. Chair Rozell questioned how long the tree fund has been around and how the totals are calculated. Cannone stated he would get with the Parks department, seeing as they are the department over the tree fund. Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to table to a date certain of December 12, 2018 Planning and Zoning Commission meeting. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole ЊЉ "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 3.PLANNING & ZONING COMMISSION PROJECT MATRIX A.Planning and Zoning Commission project matrix. Richard Cannone, Deputy Director of Development Services, stated at the December 12, 2018 meeting staff will provide an update to the Historic Preservation Plan and how incentive programs will be incorporated into the plan. Staff will also bring back the Downtown Designs Standards on January 9, 2019. Cannone stated staff is working on a system that will provide notifications for neighborhood meetings. Commissioner Ellis requested the affidavit for Public Hearing signage be added back to the backup. Commissioner Sanchez questioned when the discussion regarding roundabouts would take place. Cannone stated he would have Pritam Deshmukh, Deputy City Engineer, provide further information regarding roundabouts. Chair Rozell closed the Regular Meeting at 10:05p.m. ЊЊ ͳ͵ͲͶ .ȁ %«¬ 3³±¤¤³ $¤³®Ǿ 48 ͷͳͱͲ /¥¥¨¢¤Ȁ ͺ͵ͱȁʹͱȁͺ͵Ͷʹ & ·Ȁ ͺ͵ͱȁʹͱȁͺ͵ʹͲ ¶¶¶ȁ ¤ȃ¦±¯ȁ¢®¬ 4"0% &¨±¬ ͰȀ ͺ 5ĻĭĻƒĬĻƩ ЍͲ ЋЉЊБ Richard Cannone Deputy Director of Development Services City of Denton Development Services Department 215 W. Hickory Street Denton, TX 76201 Re: S18-0008 City Council Meeting Request to Continue or Table Dear Richard: Allison Engineering Group respectfully requests that the Public Hearing and consideration of the ordinance be continued or tabled until the regularly scheduled City Council meeting on Tuesday, January 15, 2019. This request was originally presented in an e-mail dated Saturday, December 1, 2018. We indicated during the public hearings and consideration process with the Planning and Zoning Commission that we are in agreement with the Staff Report and Recommendations and we do not have any intentions of changing that position. However, there were several items that created some confusion during that process and the public hearing was continued. We would like some time to revise our presentation and prepare for the City Council and hopefully avoid any confusion. Additionally our Client cannot attend tonights meeting and the holidays render the next City Council meetings questionable. We do want to take this opportunity to thank the staff for all of their efforts to help us navigate through the process. The complications and confusions were essentially inherent to the project and not any of their doing. They have served admirably. Respectfully Submitted, Allison Engineering Group Lee K. Allison, P.E., FNSPE 0Ȁ͐0±®©¤¢³²͐7),ͲͱͲ ȃ )(ʹͶ ȃ 7¨£²®± ȃ -¨·¤£ 5²¤͐#¨³¸ 3´¡¬¨³³ «²͐3¯¤¢¨¥¨¢ 5²¤ 0¤±¬¨³͐ͳͱͲȃͲͳȃͱ͵ 2¤°´¤²³ ³® 0 ¦¤ Ͳ ®¥ Ͳ #®³¨´¤ȁ£®¢· Page 1 of 1 Exported on March 25, 2019 3:29:37 PM CDT S:\\Legal\\Our Documents\\Ordinances\\19\\S18-0008 032619 revision.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 and recommended to continue the public hearing to a date certain of January 15, 2019; and WHEREAS, on January 15, 2019, the City Council likewise conducted a public hearing as required by law to consider the Specific Use Permit request and recommended to continue the public hearing to a date certain of February 5, 2019; and WHEREAS, on February 5, 2019, the City Council likewise conducted a public hearing as required by law to consider the Specific Use Permit request. Upon consideration, the City Council voted \[4-3\] to deny the request; and WHEREAS, on February 12, 2019 the City Council voted \[5-2\] to reconsider the denial of the requested SUP ordinance; and WHEREAS, on April 2, 2019, the City Council likewise conducted a public hearing as required by law to reconsider the Specific Use Permit request. Upon reconsideration, 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 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 , 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 ___________________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: __________________________________ 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 Drive, a public roadway; THENCE found for corner in said East Line of said Interstate Highway; THENCE 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 April 2, 2019 REQUEST: Hold a public hearing and reconsider the February 5, 2019 denial 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 (S18-0008h, Windsor Drive Apartments, Hayley Zagurski). OWNER: Glory of Zion International Ministries Inc. APPLICANT: Lee Allison, Allison Engineering Group BACKGROUND: On February 12, 2019 the City Council voted to reconsider the denial of a requested SUP for a multi-family development to be located on the north side of Windsor Drive. On February 5, 2019, the City Council held a public hearing for case S18-0008. A motion was made at this meeting to deny the item, and the motion was approved \[4-3\]. In anticipation of the upcoming reconsideration, the applicant has presented staff with a general concept for a revised site layout that would reduce the number of buildings from 16 to 12 but would retain roughly the same number of units. A detailed plan with square footages, revised lot coverage and landscape calculations, and unit mix has not been submitted to staff to enable a full analysis of the proposed changes. After consultation a new SUP request. The new request would need to be submitted for staff review and then go to public hearing before both the Planning and Zoning Commission and City Council. A reconsideration allows the Council to hear the same exact item it heard previously. Given the significant changes the applicant has made, it is no longer the same item Council or P&Z reviewed, and thus, Staff and Legal believe the request should restart the process. Prior to that, at the January 15, 2019 City Council meeting, the applicant requested this case be postponed to the February 5, 2019 meeting. The public hearing was opened, and one member of the public spoke in opposition to this request and one member of the public expressed written opposition to the request but did not speak. The individual who spoke indicated opposition based upon concerns about the proximity of the subject property to gas well drilling and production sites. At the December 4, 2018 City Council meeting, the applicant provided a letter requesting this case be postponed to the January 15, 2019 meeting (see Exhibit 12). The public hearing was opened, no one requested to speak on the item, and the Council voted \[7-0\] to continue this public hearing to January 15, 2019. The Planning and Zoning Commission held a public hearing regarding this SUP request on November 14, 2018. At this meeting the applicant proposed alternative amounts for the number of buildings, lot coverage and landscape area, and maximum density than those that are reflected on the original plans as well as in the Staff Recommendation above. After a discussion of the requested amendments as well as the concerns of several Commissioners regarding the close proximity of this development to nearby gas well sites, the applicant requested to continue this item to a date certain of November 28, 2018. A motion was made and approved unanimously to th continue the public hearing to the November 28 meeting to provide the applicant time to prepare and submit a revised site plan reflecting the requested changes to the number of buildings, lot coverage, landscape area, and density. Since the original public hearing, the applicant has determined that instead of making the requested changes to the site plan they will instead move forward with the originally submitted plan and associated staff recommendations. Subsequently, at the November 28, 2018 Planning and Zoning Commission meeting discussion of the requested SUP was continued. The applicant again presented information related to their request and answered questions from the Commissioners regarding gas well setbacks. One individual in attendance at the meeting filled out a card in opposition to the request but did not speak on the item. Two of the Commissioners indicated that they were opposed to the request due to the close proximity of the development to gas wells. Other members of the Commission expressed similar concerns but indicated that since the application demonstrated compliance with conditions \[4-3\]. 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 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 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 above and in Section 3 of the Draft Ordinance, 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. One response to the notices mailed for the reconsideration hearing has been received. The response indicates opposition to the request and is attached in Exhibit 9. 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 #:HL19-0001b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDentondesignatingthepropertyat 900EganStreet,legallyknownasBlock18Lot16oftheHighSchoolAddition,aHistoricLandmarkunder section35.7.6oftheDentonDevelopmentCode;providingforapenaltyinthemaximumamountof$2,000.00 forviolationsthereof;providingaseverabilityclauseandeffectivedate.(HL19-0001,900EganStreet,Roman McAllen) City of DentonPage 1 of 1Printed on 3/29/2019 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: April 2, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton designating the property at 900 Egan Street, legally known as Block 18 Lot 16 of the High School Addition, a Historic Landmark under section 35.7.6 of the Denton Development Code; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and effective date. (HL19-0001, 900 Egan Street, Roman McAllen) BACKGROUND The applicant has applied for Historic Landmark designation of their home. The current owners reside at this home, have made improvements there and seek a historic landmark designation. The house was constructed in 1924 and retains much of its original architectural integrity (See Exhibit 5, Application). OPTIONS 1. Approve. 2. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends supporting this request for Historic Landmark Designation of the property located at 900 Egan Street. This designation is consistent with the goals and objectives of the Denton Plan 2030 and meets the criteria for Historic Landmark Designations as outlined in the Denton Development Code. CONSIDERATIONS The criteria for Historic Landmark Designations are provided in Section 35.7.6.4 of the DDC: In making designations, City Council shall consider, but shall not be limited to, one (1) or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5. Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. Staff finds that this property meets the five criteria selected in Exhibit 4 of the Application. They are: Number 1. Character, interest or value as part of the development, heritage, or cultural characteristics of the city, state or the United States; This home retains much of its original character defining features, such as the stylized roof rafter tails, original siding and the original windows. Number 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. Egan Street between Alice Street and Malone Street, apart from the old Flow Hospital site, is one of re intact historic sections of a street. 900 Egan contributes to the street. Number 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. Homes on Egan street were built from about 1920 to about 1945, as one moves from Alice Street west towards Malone Street. The pre-war homes of this period often featured arched doorways, wide overhangs (symbolic of the prairie style), front porches, and frequently here in Denton, exposed articulated roof rafter tails. The fronts of the houses were social places. This period of development was prior to the post-war automobile centric lifestyle. This is evident in the diminutive nature of auto storage in the form of garages located towards the back of lots. 900 Egan St. epitomizes this period. Number 11. Identification with a person who significantly contributed to the culture and development of the City, State, or the United States; born at this location during this period went on to become an internationally renowned cellist. Number 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; This home is located on a street that retains many intact historical homes with significant integrity and architectural diversity. The current owners wish to see this home designated a local landmark. They have added a well-designed sun room and porch to the rear of home that improve the livability of the house. This home has had eleven owners over the 95 years since construction. DEVELOPMENT ENGAGEMENT DISCLOSURES None PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Historic Landmark Commission recommended approval of this request 8-0, on February 11, 2019 The Planning and Zoning Commission recommended approval of this request 6-0, on March 20, 2019 EXHIBITS 1. AIS City Council 2. AIS Planning and Zoning 3. AIS Historic Landmark Commission 4. Site Location/Aerial Map 5. Application for Designation with Attachments 6. Draft Ordinance 7. Draft HLC Minutes from Feb.11, 2019 8. Draft P&Z Minutes from March 20, 2019 9. Presentation Respectfully submitted: Richard Cannone, AICP Deputy Director Development Services Planning Director Prepared By: Roman McAllen, Assoc. AIA, AICP, CNU-A Historic Preservation Officer 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: March 6, 2019 SUBJECT Hold a public hearing and consider making a recommendation to City Council regarding an application for Historic Landmark Designation for the property located at 900 Egan Street, between Alice Street and Amarillo Street. (HL19-0001, 900 Egan Street, Roman McAllen) BACKGROUND The applicant has applied for Historic Landmark designation of their home. The current owners reside at this home, have made improvements there and seek a historic landmark designation. The house was constructed in 1924 and retains much of its original architectural integrity (See Exhibit 4, Application). OPTIONS 1. Recommend to City Council as submitted. 2. Recommend to City Council subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends supporting this request for Historic Landmark Designation of the property located at 900 Egan Street. This designation is consistent with the goals and objectives of the Denton Plan 2030 and meets the criteria for Historic Landmark Designations as outlined in the Denton Development Code. CONSIDERATIONS: The criteria for Historic Landmark Designations are provided in Section 35.7.6.4 of the DDC: In making designations, City Council shall consider, but shall not be limited to, one (1) or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5. Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. Staff finds that this property meets the five criteria selected in Exhibit 4 of the Application. Staff highlights the following three criteria and determines the house is eligible for the historic landmark designation: Number 1. Character, interest or value as part of the development, heritage, or cultural characteristics of the city, state or the United States; This home retains much of its original character defining features, such as the stylized roof rafter tails, original siding and the original windows. Number 11. Identification with a person who significantly contributed to the culture and development of the City, State, or the United States; person born at this location during this period went on to become an internationally renowned cellist. Number 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; This home is located on a street that retains many intact historical homes with significant integrity and architectural diversity. The current owners wish to see this home designated a local landmark. They have added a well-designed sun room and porch to the rear of home that improve the livability of the house. This home has had eleven owners over the 95 years since construction. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Historic Landmark Commission recommended approval of this request 8-0 EXHIBITS 1. Agenda Information Sheet 2. HLC Agenda Information Sheet 3. Site Location/Aerial Map 4. Application for Designation with Attachments Prepared By: Respectfully submitted: Roman McAllen, Assoc. AIA, AICP, CNU-A Richard Cannone, AICP Historic Preservation Officer Deputy Director Development Services Planning Director 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: February 11, 2019 SUBJECT Consider making a recommendation to the Planning and Zoning Commission regarding an application for Historic Landmark Designation for the property located at 900 Egan Street, located between Alice Street and Amarillo Street. (HL19-0001, 900 Egan Street, Roman McAllen) BACKGROUND The applicant has applied for a Historic Landmark designation of their home. The current owners reside at this home, have made improvements there, and seek a historic landmark designation. (See attached images in Exhibit 3) APPLICANT/OWNER: William Beau Hughes and Kimberly Beth Hughes OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of this request for Historic Landmark Designation of the property located at 900 Egan Street. This designation is consistent with the goals and objectives of the Denton Plan 2030 and meets the criteria for Historic Landmark Designations as outlined in the Denton Development Code. CONSIDERATIONS: The criteria for Historic Landmark Designations are provided in Section 35.7.6.4 of the DDC: In making designations, City Council shall consider, but shall not be limited to, one (1) or more of the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; 2. Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; 3. Embodiment of distinguishing characteristics of an architectural type or specimen; 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 5. Embodiment of elements of architectural design, detail, material or craftsmanship which represent a significant architectural innovation; 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif; 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style; 8. Archeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest; 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state, or United States; 10. Location as the site of a significant historic event; 11. Identification with a person who significantly contributed to the culture and development of the city, state or United States; 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; 13. Value as an aspect of community sentiment or public pride. Staff finds that this property meets the five criteria selected in Exhibit F of the Application. Staff highlights the following three criteria and determines the house is eligible for the historic landmark designation: Number 1. Character, interest or value as part of the development, heritage, or cultural characteristics of the city, state or the United States; This home retains much of its original character defining features, such as the stylized roof rafter tails, original siding and the original windows. Number 11. Identification with a person who significantly contributed to the culture and development of the City, State, or the United States; 1950. One person born at this location during this period went on to become an internationally renowned cellist. Number 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; This home is located on a street that retains many intact historical homes with significant integrity and architectural diversity. The current owners wish to see this home designated a local landmark. They have added a well-designed sun room and porch to the rear of home that elegantly improve the livability of the house. This home has had eleven owners over the 95 years since construction. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. EXHIBITS 1. Agenda Information Sheet 2. Site Location/Aerial Map 3. Application for Designation with Attachments Prepared By: Respectfully submitted: Roman McAllen, Assoc. AIA, AICP, CNU-A Richard Cannone, AICP Historic Preservation Officer Deputy Director /Planning Director 900 Egan Street Site Location 050100200 Feet SITE µ Parcels Roads Date: 2/5/2019 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. tğŭĻ 2 ƚŅ 18 Construction/Description 1. Date(s) of historical occurrence, construction of feature, person, institution or archeological site: The home was constructed between July 14, 1924 and August 20, was the contractor. The owners at the time, according to the Lien, were C.O. Hussey and labor and material and to make, construct, erect, and complete upon the land and premises hereinafter described and in good and workmanlike manner, in accordance one bath, one hall, two porches, solid brick foundation, convass, paper, paint, plumbing, wiring and all their fixtures, complete, and for a more complete description $3,750.00 2. Demonstrate the importance of the event, feature, person or institution. Provide a detailed explanation of why this site marker will be of importance to the entire community: First, this home, retains much of its original architectural integrity. It not only stands alone as a representative example of a craftsman style home with elements of the prairie style but also contributes to one of distinctive and well-preserved streets. Some changes to the front elevation have occurred since its original construction. Three original stretcher bond brick full columns and one shorter non-supporting decorative column were removed and replaced with 8 Doric columns. A second entry door was removed. The original lap double novelty siding, wooden double-hung windows, and stylized roof rafter tails are all extant. Second, the Scott Nursing Home operated at this address after 1938. Mrs. T. J. Scott -Vesta R. Scott - operated the Scott Nursing home at this address. One of the people who was born at the home was Ralph Kirshbaum, who grew up and rose to become a world-renowned concert cellist. Mrs. Scott was also recognized as a song writer. tğŭĻ 3 ƚŅ 18 3. Documentation to verify importance (support for item 2). Attach copies of for permanent files (newspaper articles, government records, history books, photographs, etc.) Currently listed on National Register? No. Recorded Texas Landmark? No. Local surveys or recognition: 1996 Historic Resource Survey Medium Priority/Contributing 4. Architect: source of plans unknown 5. Builder: L.G. McCormick 6. Exterior material: Wood double novelty siding 7. Roofing: Composition 8. Doors: Wooden 9. Windows: Original Wooden Double-Hung Style 10. Porches: Wrap around front porch (There is a recent rear porch that complements the original design of the home.) 11. Outbuildings: One noncontributing tool shed 12. Landscaping and fencing: lawn tğŭĻ 4 ƚŅ 18 Chain of Title List the ownership title from present to original owner. Attach copies of each instrument where possible. (Block 18, Lot 16 of High School Addition) 1. Name of owner: William Beau Hughes & Kimberly Beth Hughes (February 26, 2009 to the present) Type of instrument: General Warranty Deed Document #2009-24003 2. Name of owner: Paulette Elmore and Harry G. Elmore th (October 20, 2003 to February 25, 2009) Type of instrument: Warranty Deed Document #0003950344610003 3. Name of owner: Steven Gary Huff and Cheryl Davis Huff th (May 31, 1985 October 19, 2003) Type of instrument date Warranty Deed Vol. 1655 page 515, Doc.#31026 4. Name of owner: Agnes M. Bucek and Anthony J. Bucek (October 17, 1977 - May 31, 1985) Type of instrument date Warranty Deed: Vol. 859 page 123, Doc.# 25022 5. Name of owner: Louis G. Leiser and Barbara Leiser (August 19, 1975 October 16, 1977) Type of instrument date Warranty Deed: Document#13441; Vol. 755 page 256 6. Name of owner: Morgan W. Salmon and Ila B. Salmon (January 20, 1970 -August 18, 1975) Type of instrument date Warranty Deed: Vol. 597 Page 691, Doc.#977 7. Name of owner: H.W. Down Development Co. Inc. (October 31, 1969 January 19, 1970) Type of instrument date Warranty Deed: Vol.00593 Page 687, Doc.#11371 tğŭĻ 5 ƚŅ 18 8. Name of owner: Velma S. Cooley (June 14, 1951 to October 30, 1969) Type of instrument date Warranty Deed: Vol. 00371 Page 79A, Doc.# 2907 9. Name of owner: T.J. Scott and wife Vesta R. Scott (May 11, 1938 to June 13, 1950) Type of instrument date Deed: Vol. 00271 to Page 500, Doc.#2983 ** , Contractor H.F. Burke and premises hereinafter described, in good workmanlike manner, and in accordance with the plans and specifications agreed upon between the parties, and signed by them for the purpose of identification, the following improvements, to-wit: Remodel and repair residence and garage situated on hereafter described property, including certain additions and alterations, also painting inside and outside, all as 10. Name of owner: Maud Bass and Velma Bass (November 5, 1926 May 10, 1938) Type of instrument date Deed# 59232, Vol. 00280 Page 100 ΫΫ Note: Maud agreed to pay off loan to C.O. Hussey for $2,398.00, plus 2,602.00 to the Lipscombs. 11. Name of owner: C. Lipscomb Jr. and Birdie Lipscomb (December 5, 1924 to November 4, 1926) Type of instrument date Deed # 48462; Vol. 00194 Page 350 12. Name of owner: C.O. Hussey and Sidney Hussey (June 21, 1924 to December 5, 1924 house of standard construction, equal to or better than a five-room Notes: Mr. C. Lipscomb platted the street in 1923 (attachment E) and contributed the land for the streets to the City on January 9,1917 (attachment E). tğŭĻ 6 ƚŅ 18 Exhibit A Denton Record Chronicle tğŭĻ 7 ƚŅ 18 Denton Record Chronicle Story about Mrs. T.J. Scott, December 8, 1949: tğŭĻ 8 ƚŅ 18 Concert Advertisements for Ralph Kirshbaum: tğŭĻ 9 ƚŅ 18 Exhibit B Mechanics Lien confirms build date: tğŭĻ 10 ƚŅ 18 Exhibit B tğŭĻ 11 ƚŅ 18 Exhibit B - Land for Streets Dedicated: tğŭĻ 12 ƚŅ 18 C Additions to original construction List chronologically and with as much detail as possible, date the structure was built, name of builder, cost of improvements, and detailed descriptions of improvements. Include any significant remodeling with attention to exterior changes. Attach copies of all building permits, m Date: Contractor: Current Owners Description/nature of work: Addition and porch: 250 SF Sunroom and back porch Cost: Type of legal instrument--Vol/Page Date: November 15, 1940 Contractor: H. F. Burke Description/nature of work: Remodel, repair, painting Cost: $ 690.00 Type of legal instrument--Vol/Page Mech. Lien Vol. 00012 Page 574 Date: July 24, 1924 Contractor: I. G. McCormick Description/nature of work: construct house Cost: $3,750.00 Type of legal instrument--Vol/Page Mech. Lien Vol. 00004 Page 575 tğŭĻ 13 ƚŅ 18 DOriginal Plat tğŭĻ 14 ƚŅ 18 Ehotographs tğŭĻ 15 ƚŅ 18 tğŭĻ 16 ƚŅ 18 F Criteria to be used in Historical Landmark Designation The petitioner will be responsible for furnishing data to the Historic Landmark Commission for substantiating that the property meets one or more of the following 13 criterions for Historic Landmark designation: X 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas or the United States. 2. Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. 3. Embodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. 5. Embodiment of elements of architectural design, detail, materials or craftsmanship, which represent a significant architectural innovation. X 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. X 7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. 8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. 10. Location as the site of a significant historic event. X 11. Identification with a person or persons who significantly contributed to the culture and development of the City, State, or United States. X 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city. 13. Value as an aspect of community sentiment or public pride. tğŭĻ 17 ƚŅ 18 G I/We the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance #80-30 of the Code of Ordinances of the City of Denton, Texas. I/We will place a sign or signs on the above property for public notification of the proposed notification of the proposed historic designation Name Address City/State/Zip Phone E Mail Submitted this day of 20 tğŭĻ 18 ƚŅ 18 Optional Information Interior Photographs At your option, you may attach photos of interior architectural details that add to the character of the property. {ʹ\[ĻŭğƌhǒƩ 5ƚĭǒƒĻƓƷƭhƩķźƓğƓĭĻƭЊВI\[ЊВΏЉЉЉЊ͵ķƚĭǣ ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON DESIGNATING THE PROPERTY LOCATED AT 900 EGAN STREET, LEGALLY KNOWN AS BLOCK 18 LOT 16 OF THE HIGH SCHOOL ADDITION, A HISTORIC LANDMARK UNDER SECTION 35.7.6 OF THE DENTON DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (HL19-0001) WHEREAS, the City of Denton has determined that the home at 900 Egan Street, legally described as Block 18 Lot 16 of the High School Addition to the City of Denton, located between Alice Street and Amarillo Street, is worthy of the designation of local historic landmark, and WHEREAS, both the Historic Landmark Commission and the Planning and Zoning Commission have found that 900 Egan Street meets the following criteria for historic landmark designation as listed in Section 35.7.6.4.B of the Denton Development Code: 1. Character, interest or value as part of the development, heritage, or cultural characteristics of the city, state or the United States; 11. Identification with a person who significantly contributed to the culture and development of the City, State, or the United States; and 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city; and WHEREAS, on February 11, 2019, the Historic Landmark Commission held a public meeting as required by law, and upon conclusion recommended approval of the requested Historic Landmark designation; and WHEREAS, on March 6, 2019, the Planning and Zoning Commission held a public hearing as required by law, and upon conclusion recommended approval of the requested Historic Landmark designation; and WHEREAS, on March 19, 2019 the City Council held a public hearing as required by law, and upon conclusion recommended approval finding the request is consistent with Section 35.7.6 of the Development Code; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 900 Egan Street, located between Alice Street and Amarillo Street, and legally described as Block 18 Lot 16 of the High School Addition, is hereby designated as a historic landmark under Section 35.7.6 of the Denton Development Code. SECTION 2. The Property shall be indicated upon the zoning map of the City of Denton as a Historic Landmark by the letter "H," and the Property shall be subject to all terms, provisions, and requirements of Section 35.7.6 of the Denton Development Code and such designation shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding Two Thousand and no/100 Dollars ($2,000.00). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. 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 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: ______ ______ ______ ______ PASSED AND APPROVED this the _____ day of _____________, 2019. __________________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: ______________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. 1 Minutes 2 Historic Landmark Commission 3 February 11, 2019 4 5 After determining that a quorum was present, the Historic Landmark Commission of the City of 6 Denton, Texas convenedin a Regular Meeting on Monday, February 11, 2019 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 wereconsidered: 9 10 PRESENT:Chair Alyssa Stevenson. Commissioners: Angie Stripling, Helen Bailey, 11 Mary Anderson, Roy Anderson, John Morris, Erin Clegg and Kenneth Williamson 12 13 ABSENT:Commissioners: Katy McBride. 14 15 STAFF:Roman McAllen, Jerry Drake, Cathy Welborn and Ron Menguita. 16 17 Chair Stevenson called the Regular Meeting to order at 5:40 p.m. 18 19 1.PLEDGE OF ALLEGIANCE 20 A. U.S. Flag B. Texas Flag 21 22 2.ITEMS FOR CONSIDERATION 23 24 A.Consider approval of the Historic Landmark Commission meeting minutes. 25 26 Commissioner Roy Anderson motioned, Commissioner Helen Bailey seconded to approve the 27 November 12, 2019 Historic Landmark Commission meeting minutes. Motion approved (8-0). 28 Commissioner Helen Bailey, “aye”, Commissioner Mary Anderson, “aye”, Commissioner Angie 29 Stripling, “aye”, Chair Alyssa Stevenson, “aye”, Commissioner Kenneth Williamson “aye”, 30 Commissioner Roy Anderson “aye”, Commissioner Erin Clegg “ aye” and John Morris “ aye”. 31 32 B.Consider making a recommendation to the Planning and Zoning Commission regarding an 33 application for Historic Landmark Designation for the property located at 900 Egan Street, 34 located between Alice Street and Amarillo Street. (HL19-0001, 900 Egan Street, Roman 35 McAllen). 36 37 Roman McAllen, Historic Preservation Officer, presented Item for Consideration 2B.McAllen 38 stated staff does recommend approval of the request as the designation is consistent with the goals 39 and objectives of the Denton Plan 2030 and meets the criteria for Historic Landmark Designations 40 as outlined in the Denton Development Code (DDC). 41 42 Commissioner MaryAnderson motioned, Commissioner Helen Bailey seconded to approve Item 43 for Consideration 2B. Motion approved (8-0). Commissioner Helen Bailey, “aye”, Commissioner 44 Mary Anderson, “aye”, Commissioner Angie Stripling, “aye”, Chair Alyssa Stevenson, “aye”, 45 Commissioner Kenneth Williamson “aye”, Commissioner Roy Anderson “aye”, Commissioner 46 Erin Clegg “ aye” and John Morris “ aye”. 1 1 C.Hold a public meeting and review an application for a historically significant site tax 2 exemption for 2400 North Bell Avenue, in accordance with Chapter 10, Article VII, Sec. 3 10-131, (4) of the Denton Code of Ordinances, indicating 2400 North Bell is a historically 4 significant site in need of tax relief. (HL19-0002, Roman McAllen). 5 6 Commissioner Kenneth Williamson recused himself from Item for Consideration 2C. 7 8 Roman McAllen, Historic Preservation Officer, presented Item for Consideration 2C.McAllen 9 stated staff recommends approval of the application for a historically significant site tax exemption 10 for 2400 North Bell Avenue, in accordance with Chapter 10, Article VII, Sec. 10-131, (4) of the 11 Denton Code of Ordinances, and designation of 2400 North Bell as a historically significant site 12 in need of tax relief. 13 14 Commissioner Morris questioned what the use would be after the project is completed. McAllen 15 stated the use would be an assisted living facility. 16 17 Commissioner Stripling questioned if the tax exemption is transferrable. McAllen stated the 18 exemption would follow the property. 19 20 Justin Hopson, the applicant, spoke about the history of the site and the design of the building. 21 22 Commissioner Bailey stated she appreciates the applicant for being able to bring the property back 23 to life. 24 25 Commissioner Roy Anderson motioned, Commissioner Angie Striplingseconded to approve Item 26 for Consideration 2C. Motion approved (7-0). Commissioner Helen Bailey, “aye”, Commissioner 27 Mary Anderson, “aye”, Commissioner Angie Stripling, “aye”, Chair Alyssa Stevenson, “aye”, 28 Commissioner Roy Anderson “aye”, Commissioner Erin Clegg “ aye” and John Morris “ aye”. 29 30 D.Receive a presentationon the City Boards and Commission Training Video. 31 32 Roman McAllen, Historic Preservation Officer, provideda training video for Item for 33 Consideration 2D. 34 35 E.Receive a presentation and hold a discussion regarding Robert’s Rule of Order. 36 37 Roman McAllen, Historic Preservation Officer, provideda video regarding Robert’s Rule of Order 38 for Item for Consideration 2E. 39 40 F.Historic Landmark Commission project matrix. 41 42 The Historic Landmark Commission agreed to discuss the project matrix at the next meeting. 43 44 Chair Stevenson closed the Regular Meeting at 8:09 p.m. 2 1 Minutes 2 Planning and ZoningCommission 3 March 20, 2019 4 5 After determining that a quorum was present, the Planning and Zoning Commission of the City of 6 Denton, Texas convenedin a Work Session on Wednesday, March 20, 2019 at 4:00 p.m. in the 7 Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the 8 following items wereconsidered: 9 PRESENT: Chair Andrew Rozell, Commissioners: Alfred Sanchez, Larry Beck, Jason 10 Cole, Mat Pruneda, and Margie Ellis. 11 12 ABSENT: Commissioner Tim Smith. 13 14 STAFF: Scott McDonald, Richard Cannone, Jerry Drake, Ron Menguita, Julie Wyatt, 15 Hayley Zagurski, Cindy Jackson, Karen Hermann, Amber Rodgers, Emily Loiselle, Karina 16 Maldonado, Mark Laird, Deborah Viera Sierra, Frank Pugsley, Bradley Lahart Roman 17 McAllen, Sean Jacobson, Daniel Howington, Pritam Deshmukh, Jerry Fielder, Charles 18 Sears and Cathy Welborn. 19 20 WORK SESSION 21 ChairRozellopened the Work Session at 4:04 p.m. 22 1.Work Session Reports 23 A.Receive a report, hold a discussion, and provide staff direction on the Denton Development 24 Code Update and Draft Zoning Map. (DCA18-0009, DDC Update, Ron Menguita) 25 Ron Menguita, Principal Planner, presented Work Session item 1A. Menguita stated this will be 26 the last of the series of Work Sessionsregarding the Denton Development Code (DDC). 27 Menguita stated the discussion would be over Subchapter 6: Development Standards, Subchapter 28 7: Subdivision Regulations and Subchapter 8: Definitions. 29 Commissioner Beck stated hesent staff comments regarding Subchapter 6. Menguita stated 30 Commisisoner Beckscomments were forward to staff that are currently present. The Commission 31 agreed to discuss Commissioner Beck’s comments. Staff addressed Commissioner Beck’s 32 comments. 33 2.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for 34 Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may 35 include a full briefing on an item in the order it appears on the regular session agenda. Any such 36 briefing will be repeated in regular session. 37 Chair Rozell questioned if there were any comments regarding the meeting minutes beside the 38 changeon the hand out. There were no questionsregarding the meeting minutes. 1 1 Chair Rozell requested Hayley Zagurski, Senior Planner, toclarify the changes to the updated plat 2 for Consent Agenda item 3A. Zagurski stated after the developermet with City Engineers it was 3 determinedthe irregular lots would be medians within the right-of-way. 4 Julie Wyatt, Senior Planner, providedclarification regarding Consent Agenda item 3B.Wyatt 5 stated note 11: The easternmost 20 feet of Lot 2X shall be dedicated as an easement to the City of 6 Dentonfor public water, sewer, and storm drainage proposed. The easementwas added to the plat 7 for future water linesin the area. 8 Roman McAllen, Historic Preservation Officer, presentedPublic Hearing item 4A. McAllen stated 9 the request isto consider making a recommendation to CityCouncil regarding an application for 10 a Historic Landmark Designation for the property located at 900 Egan Street. 11 McAllen stated staffrecommends approval of therequest fortheHistoric Landmark Designation 12 for900 Egan Street. This designation is consistent with the goals and objectives of the Denton 13 Plan 2030 and meets the criteria for Historic Landmark Designations as outlined in the Denton 14 Development Code. 15 Commissioner Beck questioned if the TexasHistoricalCommission has certified this area. 16 McAllen stated he believes Egan Street is proposed to be partof the National Registered District. 17 Commissioner Sanchez questioned what type of incentives the applicant will receive.McAllen 18 stated if theapplicant has spent $10,000.00 of qualified work onthe property within two years of 19 its designation the current code allows them to apply for half off of the City of Dentonproperty 20 taxes for ten years. 21 Ron Menguita, Principal Planner, presented Public Hearing item 4B. Menguita stated staff does 22 recommend approval of the request with the following condition:1.The attached preliminary site 23 plan and landscape plan reflects an intent to comply with the DDCrequirements for parking, street 24 trees, minimum landscape and tree canopy areas, and compatibility buffers. Minor alterations to 25 the depicted locations of individual plantings may be approved by City staff, provided that the 26 final landscaping, as planted, complies with the attached landscape plan in terms of buffer and 27 open space locations, as well as all elements of the DDC. 28 Commissioner Ellis questioned if the buffer located on Bellaire Drivewould justbe a landscape 29 buffer. Menguita stated there is also a drainage channel on the south side, so there wouldbe the 30 drainage channel and the 15 foot type C landscape buffer. 31 ChairRozell closed the Work Session at 5:51 p.m. 32 REGULAR MEETING 33 The Planning and Zoning Commission convenedin a Regular Meeting on Wednesday, March 20, 34 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the 35 following items wereconsidered: 36 Chair Rozell opened the Regular Meeting at 6:37p.m. 37 1.PLEDGE OF ALLEGIANCE 38 A.U.S. Flag B. Texas Flag 2 1 2.CONSIDER APPROVAL OF THE PLANNING AND ZONING COMMISSION MINUTES 2 FOR: 3 A.Consider approval of the Planning and Zoning Commission meeting minutes. 4 Commissioner Larry Beckmotioned, Commissioner Margie Ellis seconded to approve the 5 February 20, 2019 meeting minutes. Motion approved (6-0). CommissionerAlfred Sanchez "aye", 6 CommissionerLarry Beck "aye", CommissionerJason Cole "aye", Chair Andrew Rozell "aye", 7 CommissionerMat Pruneda "aye", and CommissionerMargie Ellis "aye". 8 Commissioner Margie Ellismotioned, Commissioner Mat Pruneda seconded to approve the 9 February 27, 2019 meeting minutes. Motion approved (5-0-1). CommissionerAlfred Sanchez 10"aye", CommissionerJason Cole "aye", Chair Andrew Rozell "aye", CommissionerMat Pruneda 11"aye", and CommissionerMargie Ellis "aye".CommissionerLarry Beck "recused", 12 3.CONSENT AGENDA 13 A.Consider a request by Ranchito Dallas Apts. LLC. for approval of a Final Plat of The 14 Residences at Rayzor Ranch, Phase 1. The approximately 27.10-acre site is generally 15 located on the east side of Bonnie Brae Street, approximately 1,390 feet north of West 16 University Drive in the City of Denton, Denton County, Texas. (FP18-0018, Residences at 17 Rayzor Ranch, Hayley Zagurski). 18 B.Consider a request by Robson Denton Development, LP for approval of a Final Plat for 19 Robson Ranch Unit 6-1. The approximately 32.614-acre site is generally located on the 20 east end of Crestview Drive, approximately 125 feet northeast of Rivercrest Drive in the 21 City of Denton, DentonCounty, Texas. (FP18-0023, Robson Ranch Unit 6-1, Julie Wyatt) 22 C.Consider a request by Sherman Crossing Development, LLC for approval of a Final Plat 23 for Phase 2C of the Hercules West Addition. The approximately 3.14-acre site is generally 24 located on thenorth side of Hercules Lane approximately 140 feet east of Sheraton Road 25 in the City of Denton, Denton County, Texas. (FP18-0030, Hercules West Phase 2C, 26 Hayley Zagurski). 27 Commissioner Larry Beck motioned, Commissioner Margie Ellis seconded to approve the Consent 28 Agenda. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck 29"aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda 30"aye", and Commissioner Margie Ellis "aye". 31 4.PUBLIC HEARINGS 32 A.Hold a public hearing and consider making a recommendation to City Council regarding 33 an application for Historic Landmark Designation for the property located at 900 Egan 34 Street, between Alice Street and Amarillo Street. (HL19-0001, 900 Egan Street, Roman 35 McAllen) 36 Chair Rozell openedthe Public Hearing. 37 Roman McAllen, Historic Preservation Officer, presented Public Hearing item 4A. McAllen stated 38 the request isto consider making a recommendation to City Council regarding an applicant cation 39 for a Historic Landmark Designation for the property located at 900 Egan Street. 3 1 McAllen stated staffrecommends supporting this request for Historic Landmark Designation of 2 the propertylocated at 900 Egan Street. This designation is consistent with the goals and objectives 3 of the Denton Plan 2030 and meets the criteria for Historic Landmark Designations as outlined in 4 the Denton Development Code. 5 Chair Rozell closed the Public Hearing. 6 CommissionerMargie Ellismotioned, Commissioner Mat Prunedaseconded to approve Public 7 Hearing 4A. Motion approved (6-0). Commissioner Alfred Sanchez "aye", Commissioner Larry 8 Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat 9 Pruneda "aye", and Commissioner Margie Ellis "aye". 10 B.Hold a public hearing and consider making a recommendation to City Council regarding 11 a request by Kirkman Engineering for a Specific Use Permit (SUP) to allow for a multi- 12 family dwelling use on three adjacent tracts totaling approximately 9.91 acres. The subject 13 property is generally located west of Mockingbird Lane and south of the Mingo Road in 14 the City of Denton, Denton County, Texas. (S18-0005, Mockingbird Multi-Family, Ron 15 Menguita) 16 ChairRozell opened the public hearing. 17 Ron Menguita, Principal Planner, presented Public Hearing item 4B. Menguita stated the request 18 is for a Specific Use Permit (SUP) to allow for a multi-Family dwelling use. 19 Menguita stated staff does recommend approval of the request with the following condition: 1.the 20 attached preliminary site plan and landscape plan reflects an intent to comply with the DDC 21 requirements for parking, street trees, minimum landscape and tree canopy areas, and compatibility 22 buffers. Minor alterations to the depicted locations of individual plantings may be approved by 23 City staff, provided that the final landscaping, as planted, complies with the attached landscape 24 plan in terms of buffer and open space locations, as well as all elements of the DDC. 25 Commissioner Beck questioned if staff is indicating the site plan is going to stay the same as it is 26 being proposed with possibly some minor changes and anything beyond minor changes would 27 have to be evaluated. Menguita stated yes the applicantwould have to bring those changes back to 28 the Planning and Zoning Commission for approval. 29 The following individuals spoke during the Public Hearing: 30 Mukesh Parna, 5811 Kerry Drive, Frisco, Texas 75035. Supports the request. 31 Kimberly Wells, 2933 StocktonStreet, Denton, Texas 76209. Opposed to the request. 32 Sandra Williams, 3049 BradywineStreet, Denton, Texas 76209. Opposed to the request. 33 Norman Misplay, 2921 Stockton Street, Denton, Texas 76209. Opposed to the request. 34 Linda Godov, 3001 OakshireStreet, Denton, Texas 76209. Opposed to the request. 35 Nancy Carson, 2908 Oakshire Street, Denton, Texas 76209. Supports the request. 36 Patrick Filson, 4821 Merlot Avenue Ste. 210, Grapevine, Texas 76051. Supports the 37 request. 38 39 Chair Rozell closed the Public Hearing. 4 1 Commissioner Beck requested the applicant to address the parking concerns voiced by citizens. 2 Patrick Filsonthe Engineer, stated the parking will function like a townhome development, with 3 each unit allowing four cars, two in the garage and two in the drive way. 4 Filson stated the property currently has a flood plain they are trying to remap and mitigatewhat 5 theconcrete channel is unable tohold to help with the drainage issues. 6 Filson continuedto state the channel is public not private which means it will be maintained by 7 the City of Denton. 8 CommissionerLarry Beckmotioned, Commissioner Alfred Sanchez seconded to approve Public 9 Hearing item 4B with the following condition: 1.the attached preliminary site plan and landscape 10 plan reflects an intent to comply with the DDC requirements for parking, street trees, minimum 11 landscape and tree canopy areas, and compatibility buffers. Minor alterations to the depicted 12 locations of individual plantings may be approved by City staff, provided that the final 13 landscaping, as planted, complies with the attached landscape plan in terms of buffer and open 14 space locations, as well as all elements of the DDC.Motion approved (6-0). Commissioner Alfred 15 Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew 16 Rozell "aye", Commissioner Mat Pruneda "aye", and Commissioner Margie Ellis "aye". 17 5.PLANNING & ZONING COMMISSION PROJECT MATRIX 18 A.Planning and Zoning Commission project matrix. 19 Richard Cannone, Deputy Director of Development Services, statedDeborah Viera Sierra, 20 Assistant Director of Environmental Services, will be presenting the criteria manuals in May and 21 will also go over the item regarding maintaining the upland habitats. 22 Cannone continued to state the Urban Forester Master Plan is about to kickoff and Gary Packan, 23 Director of Park & Recreation, requested to come back with an update after the Urban Forster 24 Mast Plan is underway. 25 Cannone provide the Planning and Zoning Commission an update regarding the items that went to 26 City Council on March 19, 2019. 27 Commissioner 28 ChairRozell requested for staff to start providing theactual economicsor projected economics a 29 projectwould have to the City of Denton. Cannone stated staff has looked at including that with 30 rezoning’s when the request is wanting more than what is permitted by right. 31 ChairRozell closed the Regular Meeting at 7:59 p.m. 32 5 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z18-0027c,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceofthecityofDenton,Texas,regardingachangein thezoningclassificationanduseclassificationonasitemadeupoffifteenadjacenttractsofland,includinga changefromaDowntownResidential1(DR-1)zoningdistrictanduseclassificationtoaDowntown CommercialGeneral(DC-G)zoningdistrictanduseclassificationonapproximately0.39acresofland,a changefromamixofaDR-1andaNeighborhoodResidential4(NR-4)zoningdistrictanduseclassificationto aDC-Gzoningdistrictanduseclassificationontwotractsoflandtotalingapproximately13.85acresofland,a changefromaNR-4zoningdistrictanduseclassificationtoaDC-Gzoningdistrictanduseclassificationon ninetractstotalingapproximately22.07acresofland,andachangefromaNeighborhoodResidentialMixed- Use12(NRMU-12)zoningdistrictanduseclassificationtoaDC-Gzoningdistrictanduseclassificationon threetractstotalingapproximately8.81acres,thesubjectsite,composedofall15tractslistedaboveand totalingapproximately45.13acresofland,isgenerallylocatedonthesoutheastsideofMingoRoad,northof PaisleyStreet,northwestofLattimoreStreet,andwestofPertainStreetinthecityofDenton,DentonCounty, Texas;adoptinganamendmenttothecity’sofficialzoningmap;providingforapenaltyinthemaximum amountof$2,000.00forviolationsthereof;providingaseverabilityclauseandaneffectivedate.(Z18-0027, Fleet Services Facility) City of DentonPage 1 of 1Printed on 3/29/2019 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: April 2, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning classification and use classification on a site made up of fifteen adjacent tracts of land, including a change from a Downtown Residential 1 (DR-1) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.39 acres of land, a change from a mix of a DR-1 and a Neighborhood Residential 4 (NR-4) zoning district and use classification to a DC-G zoning district and use classification on two tracts of land totaling approximately 13.85 acres of land, a change from a NR-4 zoning district and use classification to a DC-G zoning district and use classification on nine tracts totaling approximately 22.07 acres of land, and a change from a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district and use classification to a DC-G zoning district and use classification on three tracts totaling approximately 8.81 acres, the subject site, composed of all 15 tracts listed above and totaling approximately 45.13 acres of land, is generally located on the southeast side of Mingo Road, north of Paisley Street, northwest of Lattimore Street, and west of Pertain Street in the city of Denton, Denton County, Texas; adopting an amendment to thereof; providing a severability clause and an effective date. (Z18-0027, Fleet Services Facility) BACKGROUND This is a city-initiated rezoning of the Fleet Services Center to consolidate fifteen (15) properties, which have long been part of the same use, into one zoning district that is appropriate for that use and which permits necessary future onsite improvements. DC-G is proposed as an appropriate zoning district because it provides use, height, and lot coverage standards that fit the existing use, and it would be a continuation of the DC-G zoning currently in place along Mingo Road to the south of this site. Because the Future Land Use Map (FLU) designates this area as Government/Institutional, the proposed DC-G zoning would be more in conformity with the FLU than the current zoning districts and because DC-G allows the Government/Institutional use, which was on the site at the time of FLU creation, to continue while the current NR-4, DR-1, and NRMU-12 zoning districts either disallow that use entirely or set standards that limit improvements on the site. At the Planning and Zoning Commission hearing, four citizens spoke about their concerns regarding the negative impacts of the Service Center property on the surrounding neighborhood. The following concerns were expressed: The site is not well screened, making equipment, piled materials, and debris visible to the neighborhood. Condition of the site may be drawing pests to the neighborhood. Loud noises from work on-site can begin as early as 4:30 AM. Large trucks and other heavy equipment driving through neighborhood streets. Street repairs and reconstruction, particularly to Ruddell, are past due. Drainage In response, the applicant -- the City -- agreed to bring forward proposals to mitigate the negative impacts. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of the request as it is consistent with the criteria in Section 35.3.4.B of the Denton Development Code (DDC). PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject properties were zoned NR-4, DR-1, and NRMU-12, as described above, in the 2002 city-wide rezoning. On February 20, Planning and Zoning Commission recommended approval 7-0. DEVELOPER ENGAGEMENT DISCLOSURES None EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Staff Presentation 4. Site Location/Aerial Map 5. Zoning Map 6. Current Land Use Map 7. Future Land Use Map 8. Use Comparison Chart 9. Public Notification Map and Responses 10. Ordinance Respectfully submitted: Richard Cannone Deputy Director/Planning Director Prepared by: Sean Jacobson Assistant Planner S:\\Legal\\Our Documents\\Ordinances\\19\\Z18-0027.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING CLASSIFICATION AND USE CLASSIFICATION ON A SITE MADE UP OF FIFTEEN ADJACENT TRACTS OF LAND, INCLUDING A CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT AND USE CLASSIFICATION TO A DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 0.39 ACRES OF LAND, A CHANGE FROM A MIX OF A DR-1 AND A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT AND USE CLASSIFICATION TO A DC-G ZONING DISTRICT AND USE CLASSIFICATION ON TWO TRACTS OF LAND TOTALING APPROXIMATELY 13.85 ACRES OF LAND, A CHANGE FROM A NR-4 ZONING DISTRICT AND USE CLASSIFICATION TO A DC-G ZONING DISTRICT AND USE CLASSIFICATION ON NINE TRACTS TOTALING APPROXIMATELY 22.07 ACRES OF LAND, AND A CHANGE FROM A NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12) ZONING DISTRICT AND USE CLASSIFICATION TO A DC-G ZONING DISTRICT AND USE CLASSIFICATION ON THREE TRACTS TOTALING APPROXIMATELY 8.81 ACRES, THE SUBJECT SITE, COMPOSED OF ALL 15 TRACTS LISTED ABOVE AND TOTALING APPROXIMATELY 45.13 ACRES OF LAND, IS GENERALLY LOCATED ON THE SOUTHEAST SIDE OF MINGO ROAD, NORTH OF PAISLEY STREET, NORTHWEST OF LATTIMORE STREET, AND WEST OF PERTAIN STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE IAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z18-0027, FLEET SERVICES FACILITY) WHEREAS, City of Denton, has applied for a zoning change on approximately 45.13 acres mix of Downtown Residential 1 (DR-1), Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning districts and use classifications to a Downtown Commercial General (DC-G) zoning district and use classification; and WHEREAS, on February 20, 2019, 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 April 2, 2019, 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 a mix of Downtown Residential 1 (DR-1), Neighborhood Residential 4 (NR-4), and Neighborhood Residential Mixed Use 12 (NRMU-12) to Downtown Commercial General (DC-G). 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 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: ______ ______ ______ ______ PASSED AND APPROVED this the _____ day of _____________, 2019. _______________________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, 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 All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the J. Brock Survey, Abstract Number 55, B.B.B. & C.R.R. Survey, Abstract 185, W. Crenshaw Survey, Abstract 318 and the J. Lilly Survey, Abstract Number 762 and being the same tract of land conveyed to the City of Denton from J.M. Haggard and wife S. E. Haggard as recorded in Volume 210 Page 547, Deed Records, Denton County, Texas, and being all 13.5 acres conveyed to the City of Denton from Mrs. Oma Clay Ashlock and Ruth Haggard as recorded in Volume 511 Page 413, Deed Records, Denton County, Texas and being all 0.345 acres conveyed to the City of Denton from Marvin G. Ramey as recorded in Volume 512 Page 435, Deed Records, Denton County, Texas, and being all 1.83 acres conveyed to the City of Denton from D. O, Fulton as recorded in Volume 513 Page 699, Deed Records, Denton County, Texas, and being Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block A, East College Addition, to the City of Denton from J.W. Jagoe III and James S. Harp as recorded in Volume 515 Page 347, Deed Records, Denton County, Texas, and being the same tract of land conveyed to the City of Denton from Gude Grissom and wife Iola Grissom as recorded in Volume 515 Page 649, Deed Records, Denton County, Texas, and being all of Lot 10, Block A, East College Addition conveyed to the City of Denton from Jessie Cryer as recorded in Volume 520 Page 107, Deed Records, Denton County, Texas, and being the same tract of land conveyed to the City of Denton from George M. Hopkins, Mary Elizabeth Hill and Wallace K. Hopkins as recorded in Volume 531 Page 240, Deed Records, Denton County, Texas, and being the same tract of land conveyed to the City of Denton from Gude Grissom and wife, Iola Grissom as recorded in Volume 532 Page 372, Deed Records, Denton County, Texas, and being all 1.75 acres conveyed to the City of Denton from Lillian Irene Quesenberry as recorded in Volume 2835 Page 881, Deed Records, Denton County, Texas, and being all 2.262 acres and 17.251 acres conveyed to the City of Denton from Edwin Owen Fulton, Joe Laton Fulton, Thomas K. Fulton and Virginia K. Fulton as recorded by County Clerk file number 2003-R0053036, Real Property Records, Denton County, Texas, being more particularly described as follows: BEGINNING at a point located on the centerline of Pertain Street and the southern boundary line of the Texas and Pacific railroad right-of-way; Thence South, along and with the centerline of said Pertain Street a distance of 669.8 feet to a point for a corner being the centerline of Lattimore Street; Thence West, along and with the centerline of said Lattimore Street, a distance of 374.5 feet to a point for a corner being the centerline of a section of closed Lattimore Street by City of Denton Ordinance 1995-197; Thence South, along and with the centerline of said closed Lattimore Street, a distance of 1,050.3 feet to a point for a corner; Thence West, along and with the centerline of said closed Lattimore Street, a distance of 456.7 feet to a point for a corner being the centerline of Ruddell Street; Thence North, along and with the centerline of said Ruddell Street, a distance of 128.6 feet to a point for a corner being the centerline of Texas Street; Thence West, along and with the centerline of said Texas Street, a distance of 516.6 feet to a point for a corner in the centerline of said Texas Street; Thence South, crossing the southern line of said Texas Street and along the eastern lines of Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block A, East Collage Addition, that was conveyed to the City of Denton from J.W. Jagoe III and James S. Harp as recorded in Volume 515 Page 347, Deed Records, Denton County, Texas, along the eastern line of Lot 10, Block A, that was conveyed to the City of Denton from Jessie Cryer as recorded in Volume 520 Page 107, Deed Records, Denton County, Texas, along the most eastern line of the tract of land that was conveyed to the City of Denton from George M. Hopkins, Mary Elizabeth Hill and Wallace K. Hopkins as recorded in Volume 531 Page 240, Deed Records, Denton County, Texas A distance of 721.0 feet to a point for a corner; Thence West, along the southern line of said George M. Hopkins, Mary Elizabeth Hill and Wallace K. Hopkins to City of Denton tract, a distance of 96 feet to a point for a corner; Thence South, along an east line if said George M. Hopkins, Mary Elizabeth Hill and Wallace K. Hopkins to City of Denton tract and across the north line of Paisley Street, a distance of 172.8 feet to a point for a corner in the centerline of said Paisley Street; Thence West, along and with the centerline of said Paisley Street, a distance of 713.2 feet to a point for a corner in the centerline of said Paisley Street; Thence North, crossing the north line of said Paisley Street and along the west line of the 13.5 acres conveyed to the City of Denton from Mrs. Oma Clay Ashlock and Ruth Haggard as recorded in Volume 511 Page 413, Deed Records, Denton County, Texas, a distance of 684.3 feet to a point for a corner in the centerline of said Texas Street; Thence West, along and with the centerline of said Texas Street, a distance of 202.6 feet to a point for a corner in the East boundary line of Lot 1R, Block 2, Frame Addition as recorded in Cabinet I Page 395, Plat Records, Denton County, Texas; Thence North 02 Degrees 05 Minutes 52 Seconds East, along and with the east line of said Lot 1R, a distance of 9.1 feet to a point for a corner in southern boundary line of said Texas and Pacific railroad right-of-way; Thence Northeast, along the southern boundary line of said Texas and Pacific railroad right-of- way, a distance of 2,985.4 feet to the POINT OF BEGINNING and containing 48.3 acres of land. Planning Report Z18-0027/Fleet Services Facility City Council District 1 Planning & Zoning Commission April 2, 2019 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 on a site made up of fifteen adjacent tracts of land, including a change from a Downtown Residential 1 (DR-1) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.39 acres of land, a change from a mix of a DR-1 and a Neighborhood Residential 4 (NR-4) zoning district and use classification to a DC-G zoning district and use classification on two tracts of land totaling approximately 13.85 acres of land, a change from a NR-4 zoning district and use classification to a DC-G zoning district and use classification on nine tracts totaling approximately 22.07 acres of land, and a change from a Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district and use classification to a DC-G zoning district and use classification on three tracts totaling approximately 8.81 acres, the subject site, composed of all 15 tracts listed above and totaling approximately 45.13 acres of land, is generally located on the southeast side of Mingo Road, north of Paisley Street, northwest of Lattimore Street, and west of Pertain Street in the city of Denton, Denton County, Texas; n the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. (Z18-0027, Fleet Services Facility) BACKGROUND: This is a city-initiated rezoning of the Fleet Services Center to consolidate fifteen (15) properties, which have long been part of the same use, under one zoning district that is appropriate for that use and which has dimensional standards which permit necessary future onsite improvements. While the property owner, the City of Denton, could continue to use and improve the site under the current mix of zoning districts, the City is voluntarily choosing to come into line with its own rules and rezone the site. At the Planning and Zoning Commission hearing, four citizens spoke about their concerns regarding the negative impacts of the Service Center property on the surrounding neighborhood. They noted that the site is not well screened, making equipment, piled materials, and debris visible to the neighborhood. Concern was expressed that the condition of the site may be drawing pests to the neighborhood. Neighbors reported that loud noises from work on-site can begin as early as 4:30 AM. Concern was expressed about large trucks and other heavy equipment driving through neighborhood streets. Citizens felt that street repairs and reconstruction, particularly to Ruddell, properties SITE DATA The entire site contains approximately 45.13 acres across fifteen tracts. The majority of the site, approximately 34.76 acres, is fully developed with a mix of government uses, including storage buildings, repair facilities, construction vehicle parking, and offices. The remaining 10.37 acres, made up of three parcels in the northeastern corner of the site, are primarily undeveloped. The property owner has indicated that the intent of the proposed rezoning is to allow for parking lot resurfacing and, eventually, expanded development on the site. Primary uses in the surrounding area include single-family residential, institutional, open space, and commercial. A railroad line runs along the entire northeast boundary of the site. Northwest: North: Northeast: Zoning : DC-G Zoning : DC-G & DR-2 Zoning : NRMU-12 & NR-4 Land Use: Institutional & Land Use: Institutional, Land Use: Single-Family Undeveloped Undeveloped & Residential West: East: Zoning : DC-N, DC-G, DR-2 Zoning : NR-4 SUBJECT PROPERTY Land Use: Commercial & Land Use: Single-Family Single-Family Southwest: South: Southeast: Zoning : DR-1 Zoning : NR-4 Zoning : NR-4 Land Use: Single-Family Land Use: Single-Family Land Use: Single-Family 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. Per the Denton Plan 2030, the Future Land Use designation of the subject property is Government and Institutional. The Institutional land use designation is intended for government-owned land, and should include buildings and sites meant to serve a particular service need to the City of Denton. This land use should be located in areas where it enables the provision of shared facilities and the most efficient use of land. The DC-G District permits the Community Service use currently occurring on the site and would provide the height and lot coverage standards necessary to continue operating the various facilities on the site, to resurface the parking lots, and to complete on- operations and buildings make efficient use of land by providing shared facilities for multiple departments which serve the city from one centrally located property, a Zoning District, DC-G that enables the use, buildings, and operations to continue into the future, while complying with the Development Code, meets the intent of Government and Institutional Future Land Use designation. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. The site is currently developed and has adequate provision of water and sewer. The site has multiple access points, ensuring adequate provision of transportation. Due to the level of development onsite already, no immediate increase in traffic generation is expected following this rezoning. 2. The proposed DC-G District is a continuation of the DC-G District to the southeast along Mingo Rd. DC-G is a better fit for the site because it permits the Community Service use that has occupied it for many years and is expected to continue there into the future, while the DR-1 and NR-4 districts do not permit that use. The dimensional standards of DC-G are also a better fit for the site than those DR-1, NR-4, or NRMU-12. The higher allowed lot coverage permitted in DC-G will allow the property owner the City of Denton to resurface and improve existing parking areas. The height limits and limited yard requirements will allow the property owner the City of Denton -- to maintain and continue to fully develop the site as needed in the future. 3. In response to concerns expressed by the neighborhood, staff have developed a number of proposed solutions to the negative visual, aural, traffic, and drainage impacts of the Service Center site. These proposals include: 1) Preparing a concept plan for a screening buffer, consisting of both wood fencing and landscape trees, along the edges of the developed areas of the site that are neighborhood-adjacent. The fence and landscaping should help address issues with the appearance of the site and onsite work noise. This plan will require City Council approval. 2) City staff from multiple departments using the site are preparing for a Spring Cleaning Day on March 28 to address debris and trash, as well as to better organize supplies and equipment stored in view of the public. 3) City staff using the site have been directed to limit their use of entrances/exits other than the one onto Mingo Road. Some vehicles and types of trips will have to use entrances/exits and neighborhood streets to the south of the site, but this should reduce the frequency of those trips. 4) City engineering staff are planning a site visit on March 27 to meet with neighbors regarding drainage issues and solutions around the site, as well as potential repairs to Ruddell Street. 5) City staff have looked into concerns about delays in mowing on undeveloped portions of the Service Center site, and have scheduled those areas for more frequent mowing cycles. 6) Long-term reconstruction and realignment of Ruddell Street is in the planning stages, but the City is also looking into whether funding may be available for an early milling and resurfacing of Ruddell to improve its condition in the short-term. Residents who attended the second neighborhood meeting were supportive of the solutions proposals presented to them, which would address the primary concerns raised. STAFF RECOMMENDATION: Staff recommends approval of the request as it is consistent with the criteria in Section 35.3.4.B of the Denton Development Code (DDC). PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, ninety notices were sent to property owners within 200 feet of the subject property, two hundred and ninety-five 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. Five letters have been received in response to the notification at the time of the writing of this analysis. All responses have come from within the 200-foot limit. Two responses were in support, three were in opposition. On February 18, the City held a neighborhood meeting prior to the Planning and Zoning Commission hearing. On March 18, the City held a second neighborhood meeting, which was attended by two members of the public. These citizens further explained their concerns about the negative visual, aural, traffic, and drainage impacts of the Service Center site. They expressed ns were made for a representative Z18-0027 Existing Zoning Map NR-3 NRMU-12 NRMU DC-G NR-6 DC-N POST OAK NR-4 DR-2 MEADOW OAK DR-1 ULAND NR-2 CM-G HICKORY 02555101,020 Feet SITECM-GDR-2NR-6 µ DC-GNR-2NRMU Zoning Overlay DC-NNR-3NRMU-12 Parcels DR-1NR-4 Roads Date: 1/15/2019 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. Z18-0027 Proposed Zoning Map NR-3 NRMU-12 NRMU DC-G NR-6 DC-N POST OAK NR-4 DR-2 MEADOW OAK DR-1 ULAND NR-2 CM-G HICKORY 02555101,020 Feet SITECM-GDR-2NR-6 µ DC-GNR-2NRMU Zoning Overlay DC-NNR-3NRMU-12 Parcels DR-1NR-4 Roads Date: 1/17/2019 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. Z18-0027 Future Land Use Map Commercial UNIVERSITY Neighborhood / University Compatibility Area Government / Institutional POST OAK MEADOW OAK Low Residential Parks / Open Space ULAND Downtown Denton HICKORY 02555101,020 Feet SITENeighborhood Mixed Use Future Land Use Low ResidentialNeighborhood / University Compatibility Area µ Parcels Commercial Moderate Residential Roads Government / Institutional Downtown Denton Parks / Open Space Downtown Compatibility Area Community Mixed Use Date: 1/15/2019 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. Comparison of Permitted Uses Residential Land Use NRMU-12DR-1NR-4DC-G Categories SUPN Accessory Dwelling Units NP L(1) PP AgriculturePP Attached Single-family P L(40)NSUP Dwellings Community Homes For the P PPP Disabled NP DormitorySUPSUP L(3)N DuplexesNP Dwellings Above NP PP Businesses Fraternity or Sorority P SUPNN House NSUP Group Homes SUPN L(7)L(7) LivestockL(7)L(7) NP Live/Work Units PP Manufactured Housing NNNN Developments SUP Multi-Family Dwellings L(6) & L(4) NL(5) L(4) PN Single-family Dwellings NN P = Permitted, N = Not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Commercial Land Use NRMU-12DR-1NR-4DC-G Categories Administrative or Research L(14)SUPNP Facilities Auto and RV Sales NNNL(20) BarL(11)NNP Bed and Breakfast PL(9)NP Broadcasting ofProduction L(14)SUPNP Studio Commercial Land Use NRMU-12DR-1NR-4DC-G Categories Commercial Parking Lots NNNL(28) Drive-through Facility SUPNNSUP Equestrian Facilities NNNN Home Occupation PPPP HotelsPNNP Indoor Recreation NNNP Laundry Facilities PPNP Major Event NNNSUP Entertainment Medical OfficeL(17)L(15)NP MotelsNNNN Movie Theaters NNNSUP Outdoor Recreation SUPNPN Private Club L(11)NNP Professional Services and NP L(17)L(15) Offices Quick Vehicle Servicing SUPNNSUP RestaurantL(11)NNP Retail Sales and Service L(17)L(15)NP Sale of Products Grown on NNNN Site Self-service Storage NNNN Sexually Oriented Business NNNN Temporary Uses L(38)L(38)L(38)L(38) Vehicle Repair NNNSUP P = Permitted, N = Not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Industrial Land Use NRMU-12DR-1NR-4DC-G Categories BakeriesL(21)NNP Compressor Stations NNNN Industrial Land Use NRMU-12DR-1NR-4DC-G Categories Construction Materials NNNN Sales Craft Alcohol Production SUPNNL(12) Distribution NNNN Center/Warehouse, General Feed Lots NNNN Food Processing NNNN Gas Wells L(27)L(27)L(27)L(27) Heavy Manufacturing NNNN Junk Yards and Auto NNNN Wrecking KennelsNNNN Light Manufacturing NNNN Manufacture of Non- NNNN odoriferous Foods Printing/Publishing NNNP Sanitary Landfills, Commercial NNNN Incinerators, Transfer Stations Veterinary Clinics PSUPNP Warehouse, Retail NNNN SUP Wholesale Nurseries NNN L(36) SUP Wholesale Sales NNN L(36) Wrecker Services and NNNN Impound Lots P = Permitted, N = Not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Institutional Land Use NRMU- DR-1NR-4DC-G Categories12 Adult or Child Day Care PPSUPP Basic Utilities L(25)SUPL(25)SUP Business/Trade School NNNP CollegesNNNP Community Service PNNP Conference/Convention NNNP Centers Elderly Housing L(13)NNP Electric Substations and L(43)L(43)L(43)L(43) Switch Stations HospitalNNNP Kindergarten, PPSUPN Elementary School Medical ClinicNNNP Middle School PNNN MortuariesNNNP Semi-public, Halls, L(15)PSUPP Clubs, and Lodges Limitations The following define the limitations to zoning uses when the zoning matrix identifies a use as permitted, but limited: L(1)= Accessory dwelling units are permitted, subject to the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of accessory dwelling units shall not exceed one (1) per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed fifty (50) percent of the GHFA of the primary residence on the lot, and shall not exceed one thousand (1,000) sq. ft. GHFA unless the lot meets the requirements of L(1).5. 4.One (1) 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 fifty (50) percent of the GHFA of the primary residence on the lot, where the lot size is equal to or greater than ten (10) acres in size. An SUP is not required for such an accessory residential structure where the lot size is equal to or greater than ten (10) acres. L(2)= For infill lots, the front setback shall be an average of the adjacent lots. L(3)= In part of a subdivision of two (2) acres or more, up to two (2) units may be attached by a common wall if the lotswhich 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 the Subchapter 13. Additionally, units must have the appearance of a single-family residence from the street. 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(5)= Within this district the density of apartments will be calculated as one (1) bedroom equating to one- half (.5) unit. L(6)= Reserved L(7)= Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(8)= Travelers' accommodations, are permitted, provided that: 1.The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3.That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler'saccommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(9)= All restrictions of L(8), but limited to no more than fifteen (15) guest units. L(10)= All restrictions of L(8), but limited to no more than five (5) guest units. L(11)= Limited to sit down only, and no drive up service permitted. Limited to no more than one hundred (100) seats and no more than four thousand (4,000) square feet of restaurant area. L(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 footage shall require a Specific Use Permit. L(13)= Uses are limited to no more than fifty-five thousand (55,000) square feet of gross floor area per lot. L(14)= Uses are limited to no more than ten thousand (10,000) square feet of gross floor area. L(15)= Uses are limited to no more than five thousand (5,000) square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. L(16)= Uses are limited to no more than one thousand five hundred (1,500) square feet of gross floor area per lot. L(17)= Uses that exceed twenty-five thousand (25,000) square feet of gross floor area per use require approval of a SUP. L(18)= Uses are permitted only in association with Gas Stations and are limited to no more than five thousand (5,000) square feet of gross floor area except adjacent to I-35 then uses are limited to ten thousand (10,000) square feet of gross floor area. L(19)= Allowed as an accessory use to the primary business(es) within the same structure. The accessory use is limited to those employees or owners of the business or businesses within the same structure. L(20)= Permitted, but outdoor storage of autos prohibited. L(21)= Bakery and bottling areas not to exceed two thousand five hundred (2,500) square feet. Sales on premises of products produced required in this zone. L(22)= Uses are permitted only in association with Gas Stations and are limited to no more than twenty- five (25) seats except adjacent to I-35 then the number of seats is limited to fifty (50). L(23)= Light manufacturing of products sold on site permitted, area of manufacture not to exceed five thousand (5,000) square feet. L(24)= Light manufacturing of products sold on site permitted, area of manufacture not to exceed one thousand five hundred (1,500) square feet. L(25)= If proposed use is within two hundred (200) feet of a residential zone, approval is subject to a Specific Use Permit. L(26)= Uses are limited to no more than two thousand five hundred (2,500) square feet of gross floor area per lot. L(27)= Must comply with the provisions of Subchapter89, Gas Well Drilling and Production. L(28)= Use allowed as part of consolidated parking plan. L(29)= Wrecker Services and Impound Lots must comply with the following provisions: 1.The subject lot shall comply with the provisions of the Texas Administrative Code, regarding Vehicle Storage Facilities. 2.Lot Screening: All stored vehicles shall be opaquely screened from all rights-of-way and residential uses and zoning districts. 3. Parking and vehicle storage areas associated with wrecker services and impound lots activities are not allowed within undeveloped floodplain, water-related habitat, and riparian buffer environmentally sensitive areas (ESA). 4.Best management practices addressing stormwater quality must be implemented and maintained on site. Management practices must attain the pollutant removal capabilities recommended for parking areas in the Integrated Storm Water Management (ISWM) Manual, as published by the North Central Texas Council of Governments, or similar practices consistent with low impact development (LID) approaches. L(30)= Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least fifteen (15) percent of the floor spaceof the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(31)= Permitted as part of a mixed use building and only in conjunction with office, retail, or other permitted commercial, or institutional uses, equal to at least twenty-five (25) percent of the floor space of the residential use along any avenue, collector, or arterial street, otherwise these uses are not required. L(32)= Not allowed to locate adjacent to an arterial and within one thousand (1,000) feet as measured from the nearest property line of a sexually oriented business to the nearest property line of any other sexually oriented business, adult or child daycare, any elderly housing facility, hospital, any residential use, public openspace. L(33)= Additional height may be allowed with an SUP and a viewshed study, which illustrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. L(34)= Reserved. L(35)= Self-Service Storage uses must comply with the following provisions: 1. All sides of a self-service storage facility shall be constructed of 100 percent masonry, stone, architectural concrete block with integrated color (split-face CMU), stucco, concrete tilt-wall (colored or stamped). 2. The limitation on exterior materials is exclusive of fenestrations such as doors, windows, glass and entryway treatments. Glass may not account for more than 70 percent of the exterior wall area. 3.No overhead bay doors and/or storage unit doors may be visible from adjacent property or public right-of-way. 4. No outdoor storage permitted. 5. All proposed fencing materials are limited to masonry and wrought iron and shall be constructed in compliance with Section 35.13.9, as amended. 6. Landscape buffers shall be provided in accordance with Section 35.13.8, as amended. L(36)= Permitted when combined with retail sales. L(37)= Five (5)-acre minimum land area required and no more than twenty-five (25) kennelsper acre allowed, including indoor and outdoor runs. A natural buffer strip is required adjacent to any residential use. L(38)= Must meet the requirements of Section 35.12.9. L(39)= L(40)=Limited to a maximum twelve (12) units per acre. L(41)= Lots where the proposed WECS will be located shall have a minimum lot area of two (2) acres. A maximum of one (1) WECS is permitted by right. Multiple WECS are permitted only with approval of a SUP. L(42)= Building-mounted WECS may not extend higher than ten (10) feet above where the WECS is mounted on the building. The height shall be measured from the base of the WECS where it is mounted on the building to the highest point of the arc of the blades' elevation. If the WECS does not use blades, then height is measured from the base of the WECS where it is mounted on the building to the highest point of the WECS. L(43)= Electric Substations and Switch Stations are permitted subject to the following criteria: 1. An applicant shall be required to submit an application for a Specific Use Permit pursuant to Subsection 35.6 in accordance with procedures set forth in Subsection 35.3.4 unless it is able to meet the following requirements: A. Use of the property is associated with a City Council approved Capital Improvements Plan (CIP) or other City Council approved Master Plan; and B. A public hearing was held at the City Council for the selection of the site to include: i.Written notice of the public hearing was provided to property owners within two hundred (200) feet and physical addresses within five hundred (500) feet of the subject property at least twelve (12) days prior to public hearing; and 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. Z18-0027 Notification Response Map MEADOW OAK 0137.5275550 Feet SITE In Favor µ Parcels Neutral Roads Opposed Date: 3/4/2019 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. X Guangwen Sun 4332 Valley Ave Apt A Pleasanton, CA 94566 954-839-4500 gmorabit37@gmail.com Denton, TX 76209 1209 Paco Trail City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-670,Version:1 AGENDA CAPTION Holdapublichearingandconsideradoptionofanordinancegrantingapproval,inaccordancewithChapter26 oftheTexasParksandWildlifeCode,ofthenon-parkuseofapartofSouthwestParkforthepurposeof installingandmaintainingwaterlinefortheAllredWaterTransmissionMainProjectandforthemaintenance oftheexistingwatertransmissionlineparalleltoSouthBonnieBraeStreet;providingforanoticebytheCity ofDentonofnon-parkuseforinstallationandmaintenanceofwaterlineandreservationofeasementinthe eventofsaleofpark;andprovidinganeffectivedate.ThePublicUtilitiesBoardrecommendedapproval(7-0). Parks, Recreation & Beautification Board recommended the approval (4-0). City of DentonPage 1 of 1Printed on 3/29/2019 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: April 2, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance granting approval, in accordance with Chapter 26 of the Texas Parks and Wildlife Code, of the non-park use of a part of Southwest Park for the purpose of installing and maintaining water line for the Allred Water Transmission Main Project and for the maintenance of the existing water transmission line parallel to South Bonnie Brae Street; providing for a notice by the City of Denton of non-park use for installation and maintenance of water line and reservation of easement in the event of sale of park; and providing an effective date. The Public Utilities Board recommended approval (7-0). Parks, Recreation & Beautification Board recommended the approval (4-0). BACKGROUND The Allred Road to John Paine Road water transmission line project will extend approximately 14,000 linear feet of 24-inch to 30-inch water line from the southwest pump station (on John Paine Road) north along Old John Paine Road and then east along Allred Road to the 24-inch water line in Bonnie Brae Street (Exhibit 3). The proposed water transmission main parallel to Allred Road requires the dedication of a 25 foot wide water easement along the southern boundary of the property. master plan. In addition to the easement along Allred Road, additional variable width easement is required parallel to Bonnie Brae Street to correct the width of the existing easement needed to encompass the current location of the existing 24-inch waterline that is already in service. Originally, a portion of this water line was not installed within the current dedicated easement. State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands, of the Texas Parks and Wildlife Code requires that: (a) A municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park unless the municipality, acting through its duly authorized governing body or officer, determines that: (1) There is no feasible and prudent alternative to the use or taking of such land; and (2) The program or project includes all reasonable planning to minimize harm to the land, as a park, resulting from the use or taking. (b) A finding required by Subsection (a) of this section may be made only after notice and a hearing as required by this chapter. (c) The governing body or officer shall consider clearly enunciated local preferences, and the provisions of this chapter do not constitute a mandatory prohibition against the use of the area if the findings are made that justify the approval of a program or project. The water transmission line easement is 2.755 of an acre (119,990 sq. ft.). An equitable fee for this easement will be made to Parks and Recreation based upon the City Real Estate staff appraisal of $44,996.25. OPTIONS Recommend or Not Recommend RECOMMENDATION Staff recommends the approval of the 25 feet of water easement along Allred Road and the additional water easement along Bonnie Brae Street pending the approval by City Council ESTIMATED SCHEDULE OF PROJECT Construction is anticipated for CY2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On February 4, 2019, the Parks, Recreation & Beautification Board recommended the approval of the easement for the installing Paine Road water transmission project and for the existing water transmission line parallel to Bonnie Brae Street. (4-0). On March 25, 2019 the Public Utilities Board recommended approval (7-0). FISCAL INFORMATION This project will be funded completed by Water Utilities. An easement fee of $44,996.25 will also be funded by Water Utilities and will be paid to the Parks and Recreation Department prior to the filing of documents with Denton County. The funding received from this project will be deposited in a parks project account to help support various city park improvements. BID INFORMATION Not applicable EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Ordinance Exhibit 3 - Aerial Map Exhibit 4 - Presentation Respectfully submitted: Todd Estes, P.E. City Engineer Prepared by: Lee Perry, P.E. City Engineer Eddie Valdez Management Analyst Parks and Recreation EXHIBIT PARK TAP LOCATIONS � � � O � � U � � � N �